HomeMy WebLinkAbout9/3/2019 - Regular1
Vinton Town Council
Regular Meeting
Council Chambers
311 South Pollard Street
Tuesday, September 3, 2019
AGENDA
Consideration of:
A. 7:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM
B. MOMENT OF SILENCE
C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG
D. UPCOMING COMMUNITY EVENTS/ANNOUNCEMENTS
E. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS
F. CONSENT AGENDA
G. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS
1. New Town of Vinton website – Town Clerk
H. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and
questions for issues not listed on the agenda.
I. TOWN ATTORNEY
J. TOWN MANAGER
1. BRIEFINGS
a. Briefing on the availability of Virginia Department of Transportation (VDOT) MAP-
21 Fiscal Year 2021-2022 Transportation Alternatives (TA) Set-Aside Surface
Transportation Block Grant (STBG) Program funds for Glade Creek Greenway
Phase 2B – Anita McMillan
b. Briefing on the proposed Lease between the Town and The Vinton Historical
Society for property located at 210 East Jackson Avenue (Vinton History Museum)
– Pete Peters
Bradley E. Grose, Mayor
Keith N. Liles, Vice Mayor
Sabrina McCarty, Council Member
Janet Scheid, Council Member
Michael W. Stovall, Council Member
311 South Pollard Street
Vinton, VA 24179
(540) 983-0607
2
2. ITEMS REQUIRING ACTION
a. Consider adoption of an Ordinance to amend Chapter 34, Environment, Article II,
Noise, Sections 22, 23, 26 and 27 of the Town Code – Town Manager
b. Consider adoption of a Resolution in support of an application to Virginia
Department of Transportation (VDOT) for Revenue Sharing matching funds for the
Mountain View Reconstruction project – Joey Hiner
c. Consider adoption of a Resolution authorizing the Town Manager to execute the
necessary documents, including a deed, for the Roanoke County dedication of
multiple greenway easements to the Town for the Glade Creek Greenway Phase
2 Project – Anita McMillan
3. COMMENTS/UPDATES
K. REPORTS FROM COUNCIL COMMITTEES
L. MAYOR
M. COUNCIL
N. ADJOURNMENT
NEXT TOWN COUNCIL/COMMITTEE MEETINGS:
September 9, 2019 – 2:00 p.m. - Finance Committee meeting – TOV Conference Room
September 11, 2019 – 5:30 p.m. – Highway Safety Committee Meeting – TOV Conference Room
September 12, 2019 – 7:30 a.m. – Public Works Committee meeting – Public Works Conference
Room
September 12, 2019 – 6:00 p.m. – Joint Local Government Meeting with leadership of Carilion and
Virginia Tech – Virginia Tech Carilion Building
September 17, 2019 – 7:00 p.m. – Council Meeting - Council Chambers
October 10, 2019 – 4:00 p.m. – Economic Development Tour with Vinton Town Council and Roanoke
County Board of Supervisors
NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT.
will be made to provide assistance or special arrangements to qualified individuals with disabilities in order to
participate in or attend Town Council meetings. Please call (540) 983-0607 at least 48 hours prior to the meeting
Meeting Date
September 3, 2019
Department
Town Clerk
Issue
New Town of Vinton Website
Summary
The Town Clerk will make brief comments and then show the new website along with some of its
features.
Attachments
None
Recommendations
No action required
Town Council
Agenda Summary
Meeting Date
September 3, 2019
Department
Planning and Zoning
Issue
Briefing on the availability of Virginia Department of Transportation (VDOT) MAP-21 Fiscal Year 2021-
2022 Transportation Alternatives (TA) Set-Aside Surface Transportation Block Grant (STBG) Program
funds for Glade Creek Greenway Phase 2B.
Summary
FY 2021-2022 TA STBG program grant funding is currently available, with a pre-application that was
required to be submitted by July 1, 2019 for validation by Local Assistance Division (LAD) and VDOT
Salem District by August 15, 2019. The Pre-application was submitted by staff on July 1, 2019. Staff has
been notified via an email on August 15, 2019, that the Project has been validated and authorized to proceed
with the final full application that must be submitted no later than October 1, 2019. The Project has been
endorsed by the Roanoke Valley Transportation Planning Organization (TPO) at their meeting on August
22, 2019.
This grant request is for the construction of Phase 2B of Glade Creek Greenway, from Gearhart Park to
Walnut Avenue. The proposed greenway consists of a 10-foot wide, paved, off-road, ADA-accessible,
bicycle/pedestrian trail. The project is about 450 linear feet of trail, which will involve a crossing under the
Norfolk Southern Railroad trestle with the construction of an overhead protection shelter and a crosswalk
on Walnut Avenue to connect the existing Glade Creek Greenway Phase 1 and Phase 2A that is to be under
construction by Spring 2020.
The estimated total Project cost is $476,000.00. Grant funding in the amount of $380,800.00 (80%) will be
requested, with the remaining $95,200.00 funds to be provided by the required 20% local match. Part of the
20% match can be provided by the grant administration cost, Pathfinders for Greenways for the materials
and construction of the overhead protection shelter, and Town funds.
Attachment
Project Site Plan, Proposed Project Budget, and Aerial Map
Recommendations
No action required
Town Council
Agenda Summary
ENGINEER'S ESTIMATE OF PROBABLE PROJECT COSTS
GLADE CREEK GREENWAY PHASE 2B
Vinton, VA Date: 06 August 2019
1,200.00$
2,500.00$
2,500.00$
2,500.00$
4,500.00$
13,200.00$
8,000.00$
2,000.00$
10,000.00$
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT
MOBILIZATION 1 LS 19,000.00$ 19,000.00$
CONSTRUCTION SURVEY 1 LS 8,000.00$ 8,000.00$
CLEARING & GRUBBING 1 LS 3,000.00$ 3,000.00$
EARTHWORK 1 LS 12,000.00$ 12,000.00$
18" PIPE 40 LF 75.00$ 3,000.00$
18" ENDWALL EW-1PC 2 EA 2,500.00$ 5,000.00$
EROS. CONSTR. STONE CL 1, EC-1 13 TON 70.00$ 910.00$
AGGR. MATL. NO. 1 206 TON 30.00$ 6,180.00$
AGGR. BASE MAT. TY. 1 NO 21A OR 21B 206 TON 32.00$ 6,592.00$
CG-12 DETECTABLE WARNING SURFACE 5 SY 350.00$ 1,750.00$
RADIAL GUARDRAIL GR-MGS1 25 LF 20.00$ 500.00$
GUARDRAIL TERMINAL GR-MGS2 1 EA 2,800.00$ 2,800.00$
REMOVE SIDEWALK AND ENTRANCE 140 SY 45.00$ 6,300.00$
REMOVE COMB. CURB AND GUTTER 52 LF 16.00$ 832.00$
CEMENT CONCRETE SIDEWALK 4" 29 SY 65.00$ 1,885.00$
COMB. CURB & GUTTER CG-6 52 LF 32.00$ 1,664.00$
ASPH. CONC. TY. SM-9.5A 46 TON 140.00$ 6,440.00$
DEMOLITION OF PAVEMENT COMBINATION 36 SY 6.00$ 216.00$
REMOVE EXISTING GUARDRAIL 50 LF 2.00$ 100.00$
ROLLED EROSION CTRL PRODUCT EC-3 TYPE 3 12 SY 6.50$ 78.00$
CHECK DAM ROCK TY. II 9 EA 250.00$ 2,250.00$
INLET PROTECTION, TYPE B 1 EA 300.00$ 300.00$
TEMP. SILT FENCE TYPE A 197 LF 3.00$ 591.00$
COFFERDAM 1 LS 5,000.00$ 5,000.00$
TYPE B CLASS IV PVMT LINE MRKG 4" 451 LF 5.50$ 2,480.50$
TYPE B CLASS IV PVMT LINE MRKG 24" 80 LF 22.00$ 1,760.00$
ADJUST EXIST FRAME & COVER (SANITARY) 2 EA 600.00$ 1,200.00$
Permanent seeding 1 LS 2,500.00$ 2,500.00$
Construction Entrance 1 EA 2,500.00$ 2,500.00$
Dewatering 1 LS 6,000.00$ 6,000.00$
SIGN PANEL 36 SF 70.00$ 2,520.00$
SIGN POST WOOD 4" X 4"6 EA 80.00$ 480.00$
NS REINFORCED CONC. TRAIL 113 SY 200.00$ 22,600.00$
Wing Walls 2 EA 3,500.00$ 7,000.00$
Relocate Ex. Signs 2 EA 200.00$ 400.00$
NS SAFETY FENCE (Norfolk Southern) 100 LF 55.00$ 5,500.00$
TEMPORARY TRAFFIC CONTROL 1 LS 5,000.00$ 5,000.00$
NS FALL PROTECTION 1 LS 25,000.00$ 25,000.00$
NS PERMITTING 1 LS 3,500.00$ 3,500.00$
182,828.50$
24,000.00$
6,000.00$
48,000.00$
54,397.40$
20,000.00$
101,821.00$
15,000.00$
452,046.90$
475,246.90$
1 Estimated Survey Costs
2 Estimated Costs
3
PRELIMINARY ENGINEERING PHASE
VDOT Review Fees 2
Grant Administration Costs 2
Property Research and Supplemental Survey 1
Environmental Recertification 2
Update Contract Documents, Plans, and Stormwater Documents 2
CONSTRUCTION PHASE
SUB-TOTAL CONSTRUCTION COSTS
ESTIMATED PE PHASE COSTS
RIGHT OF WAY PHASE
Right of Way 2
Stormwater Credits 2
ESTIMATED RW PHASE COSTS
Norfolk Southern Force Account Estimate
CONSTRUCTION IMPLEMENTATION
Bidding and Construction Contract Administration 2
Materials Testing 2
Daily Inspection (5 Months) 2
TOTAL ESTIMATED PROJECT COSTS
TOTAL ESTIMATED PROJECT COSTS (PE, RW, & CN)
Contingency (15%)
VDOT Construction Oversight Charges 2
ESTIMATED CONSTRUCTION PHASE COSTS
NS Construction Oversight Charges 3
NS Construction Services 3
\\data01\projects\2017\20170891\Engineering\Calcs\20170891_EST_2019_0624_2B.xlsx Page 1 of 1
- Legend -
1. William Byrd Apartments (84 units)
2. Gish Mill Redevelopment Site
3. Downtown Vinton
Roanoke City Tinker Creek Greenway
Glade Creek Greenway Phase 1
Glade Creek Greenway Phase 2A
- 100% Engineering Plan Submitted
Glade Creek Greenway Phase 2B
- 90% Engineering Design Plan
Glade Creek Greenway Phase 3 Alt. 1
Glade Creek Greenway Phase 3 Alt. 2
Meeting Date
September 3, 2019
Department
Administration
Issue
Briefing on the proposed Lease between the Town and The Vinton Historical Society for property
located at 210 East Jackson Avenue (Vinton History Museum)
Summary
The Vinton Historical Society operates the Vinton History Museum and has agreed to updated
terms of a proposed Lease Agreement with the Town for the property located at 210 E Jackson St.
General Terms of the Lease Agreement include:
• Initial lease is for 9 months and will begin October 1st, 2019 through June 30th, 2019,
in order to align on a fiscal year basis.
• The lease would contain three (3) additional one year renewals and will set to expire
on June 30th, 2023, as to align with other similar leases the Town maintains with
community partners for publically owned property.
• TOV will maintain major operating systems to include HVAC, plumping and electrical.
• TOV will provide routine exterior maintenance to the roof, windows, walls and doors.
• TOV will provide all utilities.
• The Historical Society will provide all routine grounds maintenance.
• The Historical Society will provide funds for major physical improvements with
regards to operation of the building as a History Museum.
• A separate MOU will be utilized to provide guidance and establish parameters specific
to the staffing and operations of the History Museum.
A Public Hearing will be advertised for the September 17th meeting and Council will be asked to
consider taking action on this Lease following the Public Hearing.
Attachments
Draft Lease Agreement
Recommendations
Advertise Public Hearing
Town Council
Agenda Summary
1
LEASE OF REAL PROPERTY
This Lease of Real Property (“Lease”) is entered into this______ day of ___________, 2019, by
and between the Town of Vinton, (“Town”), a political subdivision of the Commonwealth of
Virginia, and The Vinton Historical Society (“Tenant”), a Virginia non-profit corporation.
1. RECITALS
WHEREAS, Tenant requests to lease Town property located at 210 E Jackson Avenue,
Vinton, VA 24179 (formally known as the Mary Upson Williams Property), for the purpose
of operating the Vinton Historical Society Museum, where the Tenant will curate and
display artifacts and other items of historical significance or interest and relating to the
Town of Vinton or the greater Vinton Community.
WHEREAS, the Town finds that Tenant’s lease of the property will benefit the citizens of
the community by the Tenant’s efforts to collect, preserve and display historically
significant items for current and future generations of citizens and visitors to learn about
the history and growth of the Town of Vinton; and
WHEREAS, the Town also finds that Tenant’s lease of the property will benefit the Town
by the Tenant’s development and operation of seasonal special events and activities to
market the facilities’ offerings and to fundraise for the Tenant’s efforts the preserve and
display the items contained within the museum for the benefit of the community and the
general public; and
NOW THEREFORE, for and in consideration of the mutual benefits and agreements
recited herein, the Town and Tenant agree to the following:
2. TOWN RESPONSIBILITIES
a) The Town agrees to provide routine inspection of major operating systems to include
heating, plumbing and electrical systems and equipment.
b) The Town agrees to provide routine physical maintenance to include roofing, windows,
walls and doors.
c) The Town agrees to provide all necessary utilities to service the premises to include
electricity, heating, water/sewer and telephone.
3. TENANT RESPONSIBILITIES
a) Tenant recognizes that the Premises should remain as secure as possible during and
after operating hours.
b) Tenant agrees to provide all routine maintenance and upkeep of the premises including,
but not limited to cleaning the building, mowing and trimming the lawn, snow removal
and removing leaves and debris as required for an attractive, safe and healthy
environment of the building and grounds.
2
c) Tenant acknowledges that the cost associated with any major physical or equipment
improvements made to or on behalf of the Premises is the sole responsibility of the
Tenant, unless prior authorization and a cost share commitment is received from the
Town.
4. RENT
Tenant hereby agrees to pay rent annually in the amount of $1.00 (“Rent”). Said Rent shall
be paid upon commencement of the lease term period and annually thereafter on or before
the anniversary of the lease term.
5. TAXES AND ASSESSMENTS
Tenant and/or its subtenants shall be liable for, and shall pay before delinquency, any and
all taxes and assessments (real and personal) levied against (a) any personal property or
trade fixtures placed by Tenant in or about the Premises (including any increased value of
the Premises based upon the value of such personal property or trade fixtures), and (b) any
Tenant improvements or alteration in the Premises (whether installed and/or paid for by
Town or Tenant). If any such taxes and assessments are levied against Town or Town’s
property for property occupied/used by Tenant, Town may, after written notice to Tenant
(and under proper protest if requested by Tenant), pay such taxes and assessments, and
Tenant shall reimburse Town therefore within ten (10) days after demand by Town;
provided, however, Tenant, at its sole cost and expense shall have the right, to bring suit in
any court of competent jurisdiction to recover the amount of such taxes and assessments
so paid under protest.
6. TERM
The term of this Lease is for one (1) nine (9) month term, commencing on the 1st day of
October, 2019 and ending on June 30, 2020.
7. OPTION TO EXTEND TERM
Tenant and Town may mutually agree in writing to extend the term of this Lease for three
(3) additional one (1) year periods (hereinafter individually referred to as a “Renewal
Term”, on the same terms and conditions as set forth herein. A request by Tenant to extend
the terms of the Lease shall be made in writing and submitted to the Town Manager prior
to the Lease termination date of the original Term or any Renewal Term.
8. TERMINATION OF LEASE
Tenant and Town shall have the option to terminate this Lease at any time during the Term
or Renewal Term by giving the other at least ninety (90) days prior written notice.
3
Should Town incur additional costs for improvements, upgrades, modifications, and other
items as requested or required by Tenant after the initial occupancy, Tenant shall reimburse
Town for those costs.
Tenant agrees that at termination of the Lease, Tenant will remove all of Tenant’s
equipment, furniture, and all other items of personal property and the Premises shall be left
in as good condition as when first occupied, reasonable wear and tear excepted.
Notwithstanding the foregoing, should Tenant breach the terms of this Lease, Town shall
notify Tenant in writing of the breach and Tenant shall have five (5) business days to cure
the breach unless the Town agrees in writing to provide additional time for cure. In the
event the breach is not cured within the prescribed time period, Tenant shall immediately
remove its equipment, furniture, and other items of personal property and vacate the
Premises.
9. NOTICES
All written notices pursuant to this Lease shall be addressed as set forth below or as either
party may hereafter designate by written notice and shall be deemed delivered upon
personal delivery, delivery by facsimile or seventy-two (72) hours after deposit in the
United States Mail.
TO: Town TO: Tenant
Town Manager President
Town of Vinton Vinton Historical Society
311 South Pollard Street 210 E Jackson Ave
Vinton, VA 24179 Vinton, VA 24179
10. DAMAGE TO OR DESTRUCTION TO PROPERTY OR IMPROVEMENTS
In the event of damage to or destruction of Town property or Town installed improvements,
equipment, or fixtures located within the Premises or in the event Tenant installed
improvements, equipment or fixtures that are declared unsafe or unfit for use or occupancy
by a public entity with the authority to make and enforce such declaration, Tenant shall,
within thirty (30) days, commence and diligently pursue to complete the repair,
replacement, or reconstruction of improvements to the same side and floor areas that
existed immediately prior to the event causing the damage or destruction as necessary to
permit full use and occupancy of the Premises for the purposes required by the Lease.
Repair, replacement, or reconstruction of the Premises shall be accomplished in a manner
and according to plans approved by the Town Manager and in accordance with any laws
or regulations set forth by the Town or Roanoke County.
4
12. HAZARDOUS SUBSTANCES
Tenant shall not use or permit the use of the Premises for the generation, storage, treatment,
use, transportation, handling, or disposing of any chemical, material, or substance, which
is regulated as toxic or hazardous or exposure to which is prohibited, limited, or regulated
by any governmental authority, or which, even if not so regulated, may or could pose a
hazard to the health or safety of persons on the Premises or other tenants or occupants of
the building in which the Premises is located, and no such chemical, material, or substance
shall be brought onto the Premises without the Town’s express written consent. Tenant
agrees that it will at all times observe and abide by all laws and regulations relating to the
handling of such materials and will promptly notify town of (a) the receipt of any warning
notice, notice of violation, or complaint received from any governmental agency or third
party relating to environmental compliance and (b) any release of hazardous materials in
or on the Premises and/or building. Tenant shall in accordance with all applicable laws,
carry out, at its sole cost and expense, any remediation required as a result of the release of
any hazardous substance by Tenant or by Tenant’s agents, employees, contractors, or
invitees, from the Premises and or building. Notwithstanding the foregoing, Tenant shall
have the right to bring on the Premises reasonable amounts of cleaning materials and the
like necessary for the operation of Tenant’s business, but Tenants liability with respect to
such materials shall be as set forth in this Article.
13. TOWN LIABILITY/INDEMNIFICATION
a) Town shall not be liable for any damage or liability of any kind or for any injury to or
death of any persons or damage to any property on or about the Premises from any
cause whatsoever, except to the extent any such matter is not covered by insurance
required to be maintained by Tenant under this Lease and is attributable to Town’s
gross negligence or willful misconduct. All property, equipment, and materials, etc.,
belonging to Tenant, its employees, agents, or invitees, or any occupant of the Premises
shall be at the risk of Tenant or other person only, and Town shall not be liable for
damage thereto or misappropriation thereof.
b) Tenant agrees to indemnify, hold harmless, and defend Town from and against any and
all actions or causes of action, claims, demands, liabilities, loss, damage or expense of
whatsoever kind and nature, including attorneys’ fees and witness costs, which Town
may suffer or incur by reason of bodily injury, including death, to any person or
persons, or by reason of damage to or destruction of any property, including the loss of
use thereof, arising out of or in any manner connected with Tenant’s exercise of the
rights herein granted, or which Town may sustain or incur in connection with any
litigation, investigation, or other expenditures incident thereto, due in whole or in part
to any act, omission, or negligence of Tenant or any of its representatives or
employees. In the event the injuries, including death, or damages are due to the sole
negligence of Town or its representatives or employees, then and only then Tenant shall
not be liable under the provisions of this paragraph.
5
14. INSURANCE
Tenant shall, at all times during the term of this Lease, maintain adequate liability
insurance, reserves, and funding to compensate for bodily injury, personal injury, wrongful
death and property damage or other claims including defense costs and other loss
adjustment expenses arising out of or related to the above indemnity provisions. At
minimum, Tenant will carry at its sole cost and expense the following types of insurance:
a) Commercial General Liability Insurance. Licensee shall maintain Commercial General
Liability Insurance (CGL) and, if necessary, commercial umbrella insurance with a
limit of not less than $1,000,000 each accident/occurrence, $2,000,000 annual
aggregate. CGL insurance shall be written on an approved ISO form for coverage in
the Commonwealth of Virginia, and shall cover liability arising from premises,
operations, independent users, products-completed operations, explosion/collapse,
personal injury and liability assumed under insured contract.
b) All policies of insurance shall be issued in a form acceptable to Town by insurance
companies licensed to conduct business in the Commonwealth of Virginia. Each policy
shall be issued in the name of Tenant with Town listed as an additional insured. All
policies shall contain a provision that company writing the policy shall give Town at
least thirty (30) days’ notice in writing in advance of any cancellation, or lapse, or the
effective date of any reduction in the amounts of insurance. Failure to comply with
this clause shall constitute a material breach of this Lease and result in termination of
Tenant’s right to use the Premises as set forth in section 7 herein.
15. LIENS
Town Property, including, but not limited to, the Premises shall not be subject to liens for
work done or materials used on the Premises made at the request of, or on the order of, or
to discharge an obligation of, Tenant. This paragraph shall be construed so as to prohibit
in accordance with applicable Virginia law, the interest of the Town in the Premises or any
part thereof from being subject to any lien for any improvements made by Tenant or any
third-party on Tenant’s behalf (except Town) to the Premises. If any lien or notice of lien
on account of an alleged debt of Tenant or any notice of lien by a party engaged by Tenant
or Tenant’s contractor or material men for work done to the Premises is filed, Tenant shall,
within ten (10) days after the notice of filing, cause the same to be discharged of record by
payment, deposit, bond, order of a court of competent jurisdiction or otherwise. Should
Tenant fail to do so, Town may discharge same and any amount paid by Town and all costs
and expenses, including attorneys’ fees and court costs, incurred by Town in connection
therewith, including interest at the statutory rate, shall constitute additional Rent and shall
be paid by Tenant to Town on demand.
6
16. ATTORNEYS’ FEES AND COSTS
In the event of any action, suit, or other proceeding concerning or arising out of this Lease,
the prevailing party shall recover all of its costs and attorneys’ fees incurred in enforcing
the terms set forth herein.
17. APPLICABLE LAW
The laws of the Commonwealth of Virginia shall govern the interpretation, validity,
performance and enforcement of this Lease.
18. ENTIRE AGREEMENT
This Lease constitutes the entire agreement between the parties with respect to the subject
matter thereof. No alteration, amendment, change, or addition to this Lease shall be
binding upon the Town or Tenant unless reduced in writing, signed, and mutually delivered
between them.
IN WITNESS WHEREOF, the parties have executed this Lease the day and year first written
above.
Town of Vinton, a political subdivision The Vinton Historical Society,
of the Commonwealth of Virginia a Virginia non-profit corporation
By__________________________________ By________________________________
Barry W. Thompson Randy Layman, President
Town Manager
APPROVED AS TO FORM
By _________________________________
Town Attorney
Meeting Date
September 3, 2019
Department
Planning and Zoning
Issue
Consider adoption of an Ordinance to amend Chapter 34, Environment, Article II, Noise, Sections
22, 23, 26 and 27 of the Town Code
Summary
Council was briefed on the proposed revisions to the Town’s Noise Ordinance at their August 20th
meeting.
The proposed revisions to the noise ordinance include added and eliminated language that will
improve and modernize our regulations to accommodate for new technologies, uses, activities,
State Code changes, and phenomena. These revisions will also allow for our local businesses,
public services, and events to remain competitive in the Roanoke valley.
Attachments
Ordinance
Recommendations
Motion to adopt Ordinance
Town Council
Agenda Summary
1
ORDINANCE NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON
TUESDAY, SEPTEMBER 3, 2019 AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF
THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON,
VIRGINIA.
AN ORDINANCE amending Chapter 34, Environment, Article II, Noise, Sections 22-23, 26-
27, of the Vinton Town Code.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Vinton that
Chapter 34, Environment, Article II, Noise, Sections 22-23, 26-27, of the Vinton Town Code are
amended as follows:
Chapter 34 – ENVIRONMENT
* * *
ARTICLE II. - NOISE
Sec. 34-22. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Dwelling unit shall mean one or more rooms arranged, designed, or intended to be occupied
as separate living quarters by one or more persons and including permanent provisions for living,
sleeping, eating, cooking, and sanitation.
Emergency work shall mean work made necessary to restore property, public or private, to a
safe condition following a state of emergency or a local emergency as defined by the
Commonwealth of Virginia Emergency Services and Disaster Law, Chapter 3.2 of Title 44 of the
Code of Virginia, 1950, as amended, or its successor, or work required to protect persons or
property from immediate exposure to danger, including work performed by the Town of Vinton
Public Works Department, the Western Virginia Water Authority, or by public service
companies when emergency inspection, repair of facilities or restoration of services is required
for the immediate health, safety or welfare of the community.
Instrument, machine or device means and refers to any musical instrument, drum, radio,
phonograph, compact disc player, cassette tape player, MP3 player, video player, loudspeaker,
amplifier or any other machine or device for producing, reproducing or amplifying sound.
Motor vehicle means the following self-propelled vehicles: passenger cars, trucks, pickup or
panel trucks, tractor truck, -trailers, farm tractors, semitrailers, campers, racing vehicles, and any
motorcycles including, but not limited to, mopeds, motorized skateboards and scooters,
2
minibikes motor-driven cycles, all-terrain vehicles and three-wheelers, as defined in Code of
Virginia, § 46.2-100, as amended.
* * *
Plainly audible shall mean any sound that can be detected by a person using his or her
unaided hearing faculties. When music is involved, the detection of rhythmic bass tones shall be
sufficient to be considered plainly audible sound.
Public property means any real property owned or controlled by the Town or any other
governmental entity.
Residential dwelling means any building or other structure in which one or more persons
resides on a permanent or temporary basis, including, but not limited to, houses, apartments,
condominiums, hotels, and motels.
* * *
Sec. 34-23. - Exceptions.
The provisions of this article shall not apply to:
(1) The emission of sound for the purpose of alerting persons to the existence of an
emergency or to the emission of sound in the performance of emergency work.
(2) Music, bells, chimes or other sounds which are emanating from a church, temple,
synagogue or other place of worship.
(3) Sound generated from school-sponsored athletic or recreational events.
(4) Gardening, lawn care, tree maintenance or removal, and other landscaping activities,
provided such exemption shall terminate between the hours of 10:00 p.m. and 7:00 a.m.
the following day.
(54) Sound generated by parades, fireworks, and other special events or activities which are an
official or approved part of the Vinton Dogwood Festival, or any other town-approved
festival or activity.
(65) Sound generated in M-1, M-2 and B-G GB zoning districts which are necessary and
incidental to the uses permitted therein.
(76) Sound for which a variance has been granted in accordance with section 34-27.
(87) Religious or political gatherings and other activities protected by the First Amendment to
the United States Constitution.
(98) Sounds generated by airplanes and trains.
(10) Warning devices on authorized emergency vehicles or horns or other warning devices on
other vehicles used only for traffic-safety purposes.
(11) Transportation services, refuse collection and sanitation services carried out by the Town
or other public authorities.
(12) Sound for which a variance has been granted in accordance with section 34-27 of this
article.
(13) Activities for which the regulation of noise has been preempted by federal law.
3
* * *
Sec. 34-26. - Loud noises prohibited.
The following acts are declared to be noise disturbances in violation of this article. The acts
so specified shall not be deemed to be an exclusive enumeration of those acts which may
constitute a noise disturbance and provided that the acts so specified as follows may still
constitute a noise disturbance independently of the hours of day such acts take place:
(1) Engaging in, or operating or causing to be operated any equipment used, in the
construction, repair, alteration or demolition of buildings, streets, alleys or appurtenances
thereto, except for emergency work, between the hours of 10:00 p.m. and 7:00 a.m. 9:00
p.m. and 7:00 a.m. the following day. The use of construction vehicles for transportation
to and from an active construction site may be done at any time.
(2) Repairing, rebuilding or modifying any motor vehicle or other mechanical device
between the hours of 10:00 p.m. and 7:00 a.m. 9:00 p.m. and 7:00 a.m. the following day
in a manner as to be plainly audible across property boundaries.
(3) Loading or unloading trucks in the outdoors within 100 yards of a residential dwelling
residence between the hours of 10:00 p.m. and 7:00 a.m. 9:00 p.m. and 7:00 a.m. the
following day.
(4) Sounding the horn or warning device of a vehicle, except when necessary as a warning
during the operation of the vehicle.
(5) Operating or permitting the use or operation of any radio receiving set, musical
instrument, television, phonograph or any other device for the production of sound,
between the hours of 9:00 p.m. and 7:00 a.m. the following day, in such a manner as to
be plainly audible across property boundaries or through partitions common to two
residences within a building or plainly audible at a distance of 50 feet or more from such
device. Operating or permitting the use or operation of any instrument, machine, or
device for the production, reproduction, or amplification of sound, at a volume sufficient
to be plainly audible through partitions common to two (2) residences within a building
or plainly audible at fifty (50) feet or more from such device or its source.
(6) Using or operating on the inside or outside of any store, shop, business establishment,
warehouse, or commercial building, any loudspeaker, sound amplifying equipment, or
other sound producing or reproducing device capable of emitting music, noise, sounds,
tapes, or voice in such a manner that it is plainly audible at a distance of 50 feet or more
from the store, shop, business establishment, warehouse or commercial building unless it
is used only intermittently for announcing or paging an individual or unless it signals the
ringing of a telephone, danger from smoke, a fire, or a burglary, or the beginning or
stopping of work or school, or unless it is operated in accordance with conditions of
zoning. Using or operating a loudspeaker or other sound amplification devices in a fixed
or movable position exterior to any building, or mounted upon any motor vehicle or
mounted in the interior of a building with the intent of providing service to an exterior
4
area for the purpose of commercial advertising, giving instruction, information,
directions, talks, addresses, lectures, or providing entertainment to any persons or
assemblage of persons on any private or public property, between the hours of 10:00 p.m.
and 7:00 a.m. the following day.
(7) Playing or permitting the playing of any radio, stereo, tape player, compact disc player,
loud speaker, sound-amplifying equipment, or other electronic device or mechanical
equipment used for the amplification of sound within a motor vehicle and which is
plainly audible from outside the motor vehicle at a distance of 50 feet of more from the
vehicle. Using a radio receiving set, an audio cassette player, a compact disc player, or
other device for the production, reproduction, or amplification of sound in a motor
vehicle at a volume sufficient to be plainly audible at fifty (50) feet or more from such
vehicle. This provision shall not apply to sirens, loud speakers, and emergency
communications radios in public safety vehicles; nor shall this provision apply to motor
vehicle alarms or other security devices.
(8) Using or operating any motor vehicle without factory-installed mufflers or their
equivalent, on private property within a residential use district unless it is equipped with a
muffler and exhaust system that complies with Sections 46.2-1047 and 46.2-1049 of the
Code of Virginia, as amended[JC1].
(9) To allow noise between the hours of 10:00 p.m. and 7:00 a.m. 9:00 p.m. and 7:00 a.m.
that is plainly audible either inside the confines of the dwelling unit, house, or apartment
of another person or at a distance of 50 feet or more from the source of the noise.
(10) Allowing any animal (except farm animals in agricultural districts) to create a noise[JC2]
disturbance that is plainly audible at least once per minute for ten consecutive minutes (i)
inside the confines of the dwelling unit, house, or apartment of another or (ii) at a
distance of 50 feet or more from the animal. This provision shall not apply if the noise is
due to harassment of or injury to the animal, or due to a trespass upon the premises where
the animal is located.
(11) Creating plainly audible noise in residential areas between 10:00 p.m. and 7:00 a.m. 9:00
p.m. and 7:00 a.m. in connection with lawn care, leaf removal, gardening, tree
maintenance or tree removal, and other landscaping, lawn, or timbering activities.
(12) Failing to deactivate an alarm system plainly audible at a distance of 50 feet or more from
such alarm within 30 minutes of hearing the alarm or receiving notice of the alarm's
activation.
Sec. 34-27. - Undue hardship Variances.
(a) Any person responsible for a noise or noise disturbance may apply to the Ttown Ccouncil
for a variance or partial variance from the provisions of this article. The Ttown Ccouncil
may grant such variance or partial variance if they find that:
5
(1) The noise does not endanger the public health, safety or welfare; or
(2) Compliance with the provisions of this article from which variance is sought
would produce serious hardship without producing equal or greater benefit to the
public.
(3) In determining whether to grant such variance, the Ttown Ccouncil shall consider
the time of day the noise will occur, duration of the noise, whether the noise is
intermittent or continuous, its extensiveness, the technical and economic
feasibility of bringing the noise into conformance with this article and such other
matters as are reasonably related to the impact of the noise on the health, safety
and welfare of the community and the degree of hardship which may result from
the enforcement of the provisions of this article. In granting a variance or partial
variance under this section, the Town Council may impose conditions on the
person responsible for the noise or noise disturbance.
(4) No variance or partial variance issued pursuant to this article shall be granted for a
period to exceed one year, but any such variance or partial variance may be
renewed for like periods if the Ttown Ccouncil shall find such renewal is justified
after again applying the standards set forth in this article. No renewal shall be
granted except upon application therefor.
This Ordinance adopted on motion made by Council Member ____________________ and
seconded by Council Member ____________________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
___________________________________
Bradley E. Grose, Mayor
ATTEST:
____________________________________
Susan N. Johnson, CMC, Town Clerk
Meeting Date
September 3, 2019
Department
Public Works
Issue
Consider adoption of a Resolution in support of an application to Virginia Department of
Transportation (VDOT) for Revenue Sharing matching funds for the Mountain View
Reconstruction project
Summary
Council was briefed on the application to VDOT for Revenue Sharing funds for this project at their
August 20, 2019 meeting.
The application process requires a Resolution from Town Council that indicates a desire to
participate in the Revenue Sharing program, commitment to fully fund the project, and support to
submit the application. The final application is to be submitted to VDOT no later than October 1,
2019, to be eligible to receive funds for the 2021-2022 fiscal year.
Attachments
Resolution
Recommendations
Motion to adopt Resolution
Town Council
Agenda Summary
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
SEPTEMBER 3, 2019 AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179.
WHEREAS, the Vinton Town Council desires to submit an application for an allocation of funds
up to $500,000 to be matched through the Virginia Department of Transportation
Fiscal Year 2021-2022 Revenue Sharing Program; and
WHEREAS, the requested funds in the amount of $500,000 will be used for the Mountain View
Road Reconstruction Project; and
WHEREAS, the Vinton Town Council hereby supports this application for an allocation of funds
up to $500,000 to be matched through the Virginia Department of Transportation
Revenue Sharing Program; and
NOW, THEREFORE, BE IT RESOLVED THAT: The Vinton Town Council hereby agrees to
commit to their share of the total cost for preliminary engineering, right-of-way and construction of
the project(s) in accordance with the project financial documents.
BE IT FURTHER RESOLVED THAT the Vinton Town Council hereby grants authority for the
Town Manager to execute project agreements for any approved revenue sharing projects for Fiscal
Year 2021-2022.
This Resolution was adopted on motion by Council Member , seconded by
Council Member , with the following votes recorded:
AYES:
NAYS:
APPROVED:
Bradley E. Grose, Mayor
ATTEST:
_________________________________________
Susan N. Johnson, CMC, Town Clerk
1
Meeting Date
September 3, 2019
Department
Planning and Zoning
Issue
Consider adoption of a Resolution authorizing the Town Manager to execute the necessary
documents, including a deed, for the dedication by Roanoke County of multiple greenway
easements to the Town for the Glade Creek Greenway Phase 2 Project.
Summary
Council was briefed on the proposed dedication of the multiple easements at their meeting held on
July 16, 2019. The Phase 2 portion of the greenway will be located along Glade Creek on Town-
owned property and an 80-foot wide greenway easement that was donated by Roanoke County to
the Town in April 2016. In addition to the existing greenway easement along the creek, additional
easements are needed from the County for the Project that include trailhead parking areas, and
drainage and temporary construction easements. The donation of the greenway easements by
Roanoke County will also serve as an in-kind match for the Project. The project will include 3,060
linear feet of trail, a trailhead at Gus Nicks Boulevard, and a crossing under the Norfolk Southern
Railroad trestle with an overhead protection shelter.
The County Board of Supervisors’ first reading of the ordinance authorizing the granting of the
multiple easements for the greenway Project to the Town of Vinton was held on July 23, 2019,
and the second reading and public hearing were held on August 27, 2019.
Attachment
Deed of Easement and Easements Plat for the Glade Creek Greenway
Resolution
Recommendations
Motion to adopt Resolution (to be furnished prior to the meeting)
Town Council
Agenda Summary
Prepared by:
Peter S. Lubeck, Senior Assistant County Attorney (VSB #71223)
Roanoke County Attorney’s Office
5204 Bernard Drive; P.O. Box 29800
Roanoke, Virginia 24018
Page 1 of 7
Exemption claimed: Grantor and Grantee are exempted from recordation taxes
and fees pursuant to §58.1-811(A)(3), §58.1-811(C)(4), 17.1-266, and 17.1-279(E),
Code of Virginia (1950), as amended.
Parcel Identification No.: 60.11-04-17.00-0000
Property Owner: Board of Supervisors of Roanoke County
THIS DEED OF EASEMENT, is entered into this _____ day of __________________
2019, by the BOARD OF SUPERVISORS OF ROANOKE COUNTY, hereinafter referred to as
the “Grantor”, and the TOWN OF VINTON, VIRGINIA, a political subdivision of the
Commonwealth of Virginia, hereinafter called “Grantee,” with an address of 311 S. Pollard Street,
Vinton, Virginia 24179.
WITNESSETH:
WHEREAS, the Glade Creek Greenway is a developing bicycle and pedestrian trail
identified in the regionally approved 2018 Roanoke Valley Greenway Plan endorsed by the City
of Roanoke, Counties of Roanoke and Botetourt, City of Salem, and Town of Vinton; and
WHEREAS, the Grantor on April 12, 2016, previously granted the Grantee an 80 foot wide
Perpetual Greenway Easement on Tax Map Parcel No. 60.11-04-17.00-0000, as recorded in
Roanoke County Circuit Court Instrument No. 201604318;
WHEREAS, an additional perpetual greenway easement and two separate drainage
easements are needed for Phase 2 of the Glade Creek Greenway, hereinafter referred to as “Public
Access Trail”, across portions of the Grantor’s property located at 156 Highland Road and
designated as Roanoke County Tax Map Parcel No. 60.11-04-17.00-0000, containing 11.335
acres, more or less, situated in the Vinton Magisterial District, Roanoke County and Town of
Vinton, Virginia; and
Prepared by:
Peter S. Lubeck, Senior Assistant County Attorney (VSB #71223)
Roanoke County Attorney’s Office
5204 Bernard Drive; P.O. Box 29800
Roanoke, Virginia 24018
Page 2 of 7
WHEREAS, Grantee has requested, and the Grantor has agreed to, the conveyance of a
new perpetual greenway easement, totaling 15,073 square feet, or 0.346 acres, herein referred to
as “Greenway Easement,” to the Grantee for the purpose of installing and maintaining a greenway
and parking area for users of the Glade Creek Greenway; and
WHEREAS, the Grantee has requested, and the Grantor has agreed to, the conveyance of
a new 15’ wide temporary construction easement, totaling 1,196 square feet, or 0.027 acre, herein
referred to as “Temporary Construction Easement”, for construction and installation of the
greenway and parking lot; and
WHEREAS, Grantee has requested, and the Grantor has agreed to, the conveyance of two
permanent drainage easements, the first totaling 100 square feet, or 0.002 acres, and the second
totaling 381 square feet, or 0.009 acres, herein referred to as “Permanent Drainage Easements,” to
the Grantee for the installation and maintenance of a drainage system, and to allow for necessary
grading and storage during any phase of construction, reconstruction, repair or replacements of the
improvements to the drainage system.
WHEREAS, the “Greenway Easement,” “Temporary Construction Easement,” and two
“Permanent Drainage Easements” are shown upon the Plat entitled “Exhibit A,” titled “Plat
Creating Permanent Greenway Easement, (2) Permanent Drainage Easements, 15’ Temporary
Construction Easement, Affecting Tax Map # 60.11-04-17.00 Being Conveyed to Town of
Vinton,” and prepared by Neil Avery Martin, dated April 26, 2019.
NOW THEREFORE, FOR AND IN CONSIDERATION of the sum of ONE DOLLAR
($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged,
the Grantor hereby GRANTS and CONVEYS with General Warranty and Modern English
Prepared by:
Peter S. Lubeck, Senior Assistant County Attorney (VSB #71223)
Roanoke County Attorney’s Office
5204 Bernard Drive; P.O. Box 29800
Roanoke, Virginia 24018
Page 3 of 7
Covenants of Title unto the Grantee, its successor and assigns, the following easements, on
property located at 156 Highland Road (Roanoke County Tax Map Parcel No. 60.11-04-17.00-
0000) in the Vinton Magisterial District, County of Roanoke and Town of Vinton, Virginia, to wit:
1) A PERMANENT GREENWAY EASEMENT, consisting of 15,073 square feet (0.346
acre), more or less, to construct, improve, operate, inspect, use, monitor, maintain,
repair, or replace a Public Access Trail, including a parking lot, as depicted on that
certain plat titled “Plat Creating Permanent Greenway Easement, (2) Permanent
Drainage Easements, 15’ Temporary Construction Easement, Affecting Tax Map #
60.11-04-17.00 Being Conveyed to Town of Vinton,” prepared and sealed by Neil
Avery Martin, dated April 26, 2019 (attached hereto as “Exhibit A).
2) A TEMPORARY CONSTRUCTION EASEMENT, consisting of 1,196 square feet,
(0.027 acre), more or less, as shown on the aforesaid Exhibit A. The Temporary
Construction Easement shall automatically expire upon completion of construction or
substantial completion.
3) A PERMANENT DRAINAGE EASEMENT, consisting of 100 square feet, (0.002
acre), more or less, to construct, install, improve, operate, inspect, use, maintain, and
repair or replace a drainage facility, together with related improvements, together with
the right of ingress and egress thereto from a public road, as set forth on Exhibit A.
4) A PERMANENT DRAINAGE EASEMENT, consisting of 381 square feet, (0.009
acre), more or less, to construct, install, improve, operate, inspect, use, maintain, and
repair or replace a drainage facility, together with related improvements, together with
the right of ingress and egress thereto from a public road, as set forth on Exhibit A.
Said easements shall be subject to the terms and conditions stated below.
1. Grantor hereby grants to Grantee and the general public free access to and use of
the Public Access Trail within the Permanent Greenway Easement subject to the
laws and ordinances of Roanoke County, for the purposes including but not limited
to: walking, jogging, hiking, bicycle riding, horseback riding, and nature study.
There shall be no access by Grantee or the public at-large granted by this Permanent
Greenway Easement to any property of the Grantor other than the Permanent
Greenway Easement and Public Access Trail. The general public shall have no right
to construct or improve any portion of the Permanent Easements and Public Access
Trail.
Prepared by:
Peter S. Lubeck, Senior Assistant County Attorney (VSB #71223)
Roanoke County Attorney’s Office
5204 Bernard Drive; P.O. Box 29800
Roanoke, Virginia 24018
Page 4 of 7
2. Public access with any type of motor vehicle, including but not limited to
motorcycles, four-wheel drives, motor bikes, mopeds, ATVs, and snowmobiles,
shall be prohibited, except to the extent vehicles are necessary for accessibility
(Americans with Disabilities Act of 1990), construction, inspection, emergency
calls, maintenance, or reconstruction of the Public Access Trail within the
Permanent Greenway and Drainage Easements by the Grantee.
3. Grantor shall retain the right to use the land subject to the Permanent Easements in
any manner which shall not interfere with the use and enjoyment of said Easements
for recreational access to the Public Access Trail.
4. Grantor shall not erect any building, fence, sign, guardrail, or other structure over
the Permanent Easements so as to render the Easements inaccessible, except that
fences and gates may be erected and/ or maintained with the mutual consent of the
Grantor and Grantee. In the event that this covenant is violated, Grantee shall not
be obligated to repair, replace, or otherwise be responsible for such improvements
if damaged or removed.
5. There shall be no excavation or dredging, or dumping of ashes, garbage, waste,
brush or other unsightly or offensive material on the Easement or Public Access
Trail.
6. Any construction by the Grantor of roads or driveways within the Easement area or
crossing the Public Access Trail must be approved by the Grantee and designed in
coordination with the Grantee to facilitate a safe and convenient crossing of the
road by Public Access Trail users.
7. The Grantee agrees to restore and repair any actual damage to Grantor’s property
that may be directly caused by the construction, reconstruction, or maintenance of
said project except as hereinafter provided. The Grantor agrees that the Grantee will
not be expected to restore the property to the identical original condition, but rather
as near thereto as is practicable, and that the Grantor will cooperate with the Grantee
in effectuating such restoration.
8. Grantee shall have the perpetual right to install and maintain improvements, the
right of go on, over and upon the said Permanent Easements for the purposes of
installing, maintaining, repairing, and replacing the improvements necessary for the
Public Access Trail, for as long as it holds the Easement rights hereunder.
9. It is expressly agreed between the parties hereto that the Grantee and its agents have
the right to inspect the easements herein granted and to cut, clear, and remove all
trees, shrubbery, undergrowth, obstructions, or improvements lying within, upon,
or adjacent to said easements that in any way endanger or interfere with the proper
use of the same.
Prepared by:
Peter S. Lubeck, Senior Assistant County Attorney (VSB #71223)
Roanoke County Attorney’s Office
5204 Bernard Drive; P.O. Box 29800
Roanoke, Virginia 24018
Page 5 of 7
10. There shall be no removal, destruction, or cutting of trees within the Permanent
Easements except as may be performed by Grantee or its agent for maintenance of
the Public Access Trail, reduction of hazard, flood control, good husbandry
practice, or prevention or treatment of diseases without the consent of Grantor,
which shall not be unreasonably withheld.
11. Grantor shall have no maintenance responsibility whatsoever of the Public Access
Trail within the Permanent Greenway Easement.
12. Grantee may erect within the Easement markers, kiosks, litter receptacles, vehicle
control barriers, benches, bridges, signage, fences, and gates, as deemed necessary
for preservation of the Easement, use of the Public Access Trail, and safety of the
Public Access Trail users. No other building or above grade structure shall be
constructed by Grantee or Grantor without written permission of Grantor.
13. Grantee shall not deny Grantor access to the Public Access Trail or Easement.
14. Grantee agrees that the Easement shall not be open to the public until such time as
construction of the Public Access Trail is completed.
15. Grantor agrees that the terms, conditions, and restrictions of this Easement will be
inserted by it in any subsequent deed or other legal instrument by which it divests
itself of either the fee simple title to, or of its possessory interest in, the subject
property.
16. The parties confirm and agree that Grantee may convey, transfer, and assign this
Easement and its interest and rights acquired herein to a governmental or public
entity for construction, operation, and maintenance of the Glade Creek Greenway.
17. The parties acknowledge that members of the public may use the above-described
parking area for greenway purposes as well as other recreational activities that may
be held on the property at 156 Highland Rd (Tax Map No. 060.11-04-17.00-0000).
18. Should Grantee or its assigns cease to develop, operate, or maintain the Public
Access Trail, Grantor may request that the Easement be vacated.
19. The grant and provision of this Deed of Easements shall constitute a covenant
running with the land for the benefit of the Grantee, its successors and assigns
forever.
WITNESS the following signatures and seals:
Prepared by:
Peter S. Lubeck, Senior Assistant County Attorney (VSB #71223)
Roanoke County Attorney’s Office
5204 Bernard Drive; P.O. Box 29800
Roanoke, Virginia 24018
Page 6 of 7
GRANTOR:
THE BOARD OF SUPERVISORS OF THE
COUNTY OF ROANOKE, VIRGINIA
__________________________________ (SEAL)
By: Daniel R. O’Donnell
County Administrator
COMMONWEALTH OF VIRGINIA )
COUNTY OF ROANOKE ) to-wit
The foregoing instrument was acknowledged before me this _____ day of _____________
2019, by Daniel R. O’Donnell, County Administrator, on behalf of the Board of Supervisors of
Roanoke County, Virginia, Grantor.
_______________________________________
Notary Public
Commission expires: ______________________
Registration No.: _________________________
Approved as to form:
________________________________
Peter S. Lubeck, Sr. Asst County Attorney
Prepared by:
Peter S. Lubeck, Senior Assistant County Attorney (VSB #71223)
Roanoke County Attorney’s Office
5204 Bernard Drive; P.O. Box 29800
Roanoke, Virginia 24018
Page 7 of 7
GRANTEE:
TOWN COUNCIL OF THE
TOWN OF VINTON, VIRGINIA
___________________________________ (SEAL)
By: Barry W. Thompson
Town Manager
COMMONWEALTH OF VIRGINIA )
COUNTY OF ROANOKE ) to-wit
The foregoing instrument was acknowledged before me this _____ day of _____________
2019, by Barry W. Thompson, Town Manager, on behalf of the Town of Vinton, Virginia, Grantee.
_______________________________________
Notary Public
Commission expires: _____________________
Registration No.: ________________________