HomeMy WebLinkAbout7/16/2013 - Regular1
Vinton Town Council
Regular Meeting
Council Chambers
311 South Pollard Street
Tuesday, July 16, 2013
AGENDA
Consideration of:
A. 6:00 p.m. - WORK SESSION
1. Briefing on Western Virginia Regional Industrial Facility Authority.
2. Briefing on regional broadband initiative.
B. 7:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM
C. MOMENT OF SILENCE
D. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG
E. CONSENT AGENDA
1. Consider approval of minutes for the regular Council meeting of July 2,
2013.
2. Consider approval of a cost of living increase for the Town Manager in the
amount of 1.5%.
F. AWARDS, RECOGNITIONS, PRESENTATIONS
G. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments
and questions for issues not listed on the agenda.
H. TOWN ATTORNEY
Bradley E. Grose, Mayor
William “Wes” Nance, Vice Mayor
I. Douglas Adams, Jr., Council Member
Robert R. Altice, Council Member
Matthew S. Hare, Council Member
Vinton Municipal Building
311 South Pollard Street
Vinton, VA 24179
(540) 983-0607
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I. TOWN MANAGER
ITEMS REQUIRING ACTION
1. Consider adoption of a Resolution authorizing the Town Manager to execute
two Memorandums of Understanding (MOUs) between Roanoke County
Board of Supervisors and the Vinton Town Council for providing Stormwater
Management Plan Review Services and Stormwater Management Facilities
Post-construction Inspection Services to the Town.
2. Consider adoption of a Resolution authorizing the Town Manager to
execute a Programmatic Project Administration Agreement with the
Virginia Department of Transportation (VDOT) and other applicable
documents necessary for Glade Creek Greenway Project.
3. Consider adoption of a Resolution re-appropriating $3,000.00 received
from the Foundation for Roanoke Valley and $500.00 received from
Member One to utilize for implementation of a SNAP/EBT program at the
Vinton Farmers’ Market.
4. Consider adoption of a Resolution appropriating $1,500.00 to the Special
Programs expenditure account for reimbursement of Vinton Farmers'
Market vendors for SNAP and debit token purchases as detailed in the
current budget to properly reflect the source of funds for this expense.
5. Consider adoption of a Resolution authorizing the payment of $20,000 as
the Town’s portion of the $60,000.00 payment required for the early
termination of the lease between the County of Roanoke and B. Wayne
Dunman and Rebecca J. Dunman for property located at 304 Pollard
Street, the site of the new Vinton Library branch.
6. Consider approval of the renewal of the Memorandum of Understanding
dated June 6, 2010 between the Town and Roanoke County for
Emergency 911 services.
UPDATE ON OLD BUSINESS
J. MAYOR
K. COUNCIL
L. ADJOURNMENT
NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. Reasonable
efforts 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 date so that proper arrangements may be made.
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NEXT TOWN COUNCIL MEETING:
• August 6, 2013 – No regular meeting – Council will participate in National Night
Out at the Vinton Farmer’s Market.
UPCOMING COMMUNITY MEETINGS:
• August 6, 2013 - 6:00 p.m. – National Night Out – Vinton Farmer’s Market, 204
West Lee Avenue (no regular Council Meeting)
• August 15, 2013 – 7:00 p.m. – Roanoke County Library Design Third Public
Meeting – Vinton War Memorial
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Meeting Date
July 16, 2013
Department
Administration
Issue
Briefing on Western Virginia Regional Industrial Facility Authority.
Summary
On February 28, 2013, Roanoke County hosted along with seven localities a community
presentation on an assessment of the region’s industrial assets to meet tomorrow’s economic
demands. The key conclusion was our region has no large industrial product to market. This
would be defined as 100-acres or great lots for development. A recommendation was made to
create a regional task force to evaluate and propose a way to move forward to meet this void.
At the subsequent Town Council meeting held on March 5, 2013, Town Council directed the
Town Manager to participate in a task force to develop a framework for how to proceed. To this
end, the area managers and administrators along with staff from the Roanoke Regional
Partnership (RRP) have met monthly. Our recommendation is to create an authority including the
member jurisdictions who wish to participate. Once created, the authority would contract with
the RRP met to serve as staff and begin a formal study to identify sites that would meet the
demand for 100-acre+ sites to develop.
An important aspect of this authority is the creation of participation committees. These
committees would include participants that wish to proceed with the development of a site. Not
all members are required to participate nor share in the costs and revenues of a specific project.
The advantage to this is that if a project is determined not to be advantageous for a participant to
invest in, they do not. Therefore, if Vinton choose not to participate in a project we would not
bear the cost of said development.
As proposed to date, the following localities are considering membership to the authority: The
Counties of Roanoke, Botetourt, Franklin, and Montgomery, the Cities of Salem and Roanoke,
and the Town of Vinton.
Town Council
Agenda Summary
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Each locality will be presenting the proposal to their respective elected bodies over the next
month with a goal of approval by the end of August 2013.
Attachments
Draft of By-laws of the Western Virginia Regional Industrial Facility Authority
Alternatives:
Participate in Authority
Do not participate in Authority
Recommendation
Schedule action for August 20, 2013 Council meeting
DRAFT
By-laws of the
Western Virginia Regional Industrial Facility Authority
Adopted: Month, Day, 2013
Article I. Purpose
The Western Virginia Industrial Facility Authority (the “Authority”) has been
created by the member partners pursuant and shall be organized and operated in
accordance with Title 15.2, Chapter 64 of the Code of Virginia, 1950, as amended, also
known as the Virginia Regional Industrial Facilities Act (the ”Act”) as the same may be
amended from time to time.
The Partner Localities agree that this Authority has been established for the
following purpose and function:
1. The Partner localities agree that the economy of the Western Virginia Industrial
Facility Authority area has not kept pace with those of the rest of the Commonwealth.
The respective individual Partner localities may lack the financial resources to assist in
the development of economic development projects and the creation of the Authority
provides a mechanism for the Partners to cooperate in the development of facilities
which will assist the region in overcoming this barrier to economic growth.
2. The exercise of the power granted by the Act shall be in all aspects for the benefit of
the inhabitants of the region for their commerce, and for the promotion of their safety,
health, welfare, convenience and prosperity.
3. The Act provides the seven Partners with many powers by which the Partners may
interact as one body or as individual participating groups consisting of one or more
Partners of the Authority which the members believe will give each local government an
opportunity to establish successful partnerships for the development of economic
projects which will serve the region.
Article II. Membership
The Partners participating in this Authority are:
Botetourt County, Virginia Franklin County, Virginia
Montgomery County, Virginia Roanoke County, Virginia
Roanoke City, Virginia Salem City, Virginia
Town of Vinton, Virginia
DRAFT
Article III. Authority Board
All powers, right and duties conferred by the Act, or other provisions of law, upon
the Authority shall be exercise by a Board of Directors. The Board of Directors shall
consist of two members from each partner locality. The governing body of each partner
locality shall appoint two members to the Board of Directors. Any person who is a
resident of the appointing partner locality may be appointed to the Board of Directors.
Each member of the Board of Directors shall serve for a term of four years and may be
reappointed for as many terms as the governing body desires. During the establishment
of the Authority, the Partner localities agree to stager terms. Each governing body shall
appoint their initial members for two and four year terms. After the initial appointment of
the members, each member shall serve four year terms. If a vacancy occurs by reason
of death, disqualification or resignation, the governing body of the partner locality that
appointed the Authority board member shall appoint a successor to fill the unexpired
term.
The governing body may appoint up to two alternate board members. Alternates
shall be selected in the same manner as board members, and may serve as an
alternate for either board member from the member locality that appoints the alternate.
Alternates shall be appointed for terms that coincide with one or more of the Board
members from the Partner locality that appoints the alternate. If a board member is not
present at a meeting of the Authority, the alternate shall have all the voting and other
rights of the board member not present and shall be counted for purpose of determining
a quorum.
Each member of the Authority before entering upon the discharge of the duties of
his office shall take and subscribe to the oath prescribed in Section 49-1, Code of
Virginia, 1950, as amended.
A quorum shall exist when a majority of the member localities are represented by
at least one member of the board. The affirmative vote of a quorum of the board shall
be necessary for any action taken by the board. No vacancy in the membership of the
board shall impair the right of a quorum to exercise all rights and perform all duties of
the board. The board shall determine the times and places of its regular meetings,
which may be adjourned or continued without further public notices, from day to day or
from time to time or from place to place, but not beyond the time fixed for the next
regular meeting, until the business before the board is completed.
Board special meetings shall be held when requested by members of the board
representing two or more partner localities. A request for a special meeting shall be in
writing, and the request shall specify the time and place of the meeting and the matters
to be considered at the meeting. A reasonable effort shall be made to provide each
member with notice of any special meeting. No matter not specified in the notice shall
be considered at such special meeting, unless all the members of the board are
present. Special meetings may be adjourned or continued, without further public notice,
DRAFT
from day to day or from time to time or from place to place, not beyond the time fixed for
the next regular meeting, until the business before the board is completed.
The Board shall elect from its membership a chairman, vice chairman and
treasurer for each calendar year. The Board may also appoint an executive director
and staff who shall discharge such functions as may be directed by the Board. The
executive director and staff may be paid from funds received by the Authority.
No member of the Board shall receive compensation. All members of the Board
may be reimbursed for their actual approved expenses incurred in the performance of
their duties in the work of the Authority. Before any member shall receive
reimbursement for any expenses, the Chairman, or Vice Chairman and/or the Treasurer
shall pre approve such expenses.
The Board promptly following the close of the fiscal year (July 1 thru June 30),
shall submit an annual report of the Authority’s activities of the preceding year to the
Partner localities governing body. The Annual Report shall set forth a complete
operating and financial statement covering the operation of the Authority during such
reporting year.
The Board may establish dues or other annual financial fees as may be approved
by all Partner localities.
Article IV. Office of the Authority
The Act requires the Authority to maintain a principle office within a member
locality. The Western Virginia Regional Industrial Facility Authority offices during
establishment of this Authority and until otherwise amended by the membership of the
Authority shall be located within the offices of the Roanoke Regional Partnership, 111
Franklin Road, SE, Roanoke, VA 24011, or any other offices as may be established to
serve the Roanoke Regional Partnership and is located within one of the Partner
localities. The Act requires that all records shall be kept at the designated office. The
financial and operating records, including the Authority’s minutes, shall be open and
available for inspection as required by the Virginia Freedom of Information Act, Section
2.2-3700, Code of Virginia, as amended.
Article V. Powers of the Authority
The Authority is vested with the powers of a body corporate, including the powers
to sue and be sued in its own name, plead and be impleaded, and adopt and use a
common seal and alter the same as may be deemed expedient.
The Authority shall be vested with all powers and duties enumerated in Section
15.2-6405. Powers of the Authority:
DRAFT
1. Adopt bylaws, rules and regulations to carry out the provisions of this chapter.
2. Employ, either as regular employees or as independent contractors, consultants,
engineers, architects, accountants, attorneys, financial experts, construction experts
and personnel, superintendents, managers and other professional personnel,
personnel, and agents as may be necessary in the judgment of the authority, and fix
their compensation.
3. Determine the location of, develop, establish, construct, erect, repair, remodel, add
to, extend, improve, equip, operate, regulate, and maintain facilities to the extent
necessary or convenient to accomplish the purposes of the Authority.
4. Acquire, own, hold, lease, use, sell, encumber, transfer, or dispose of, in its own
name, any real or personal property or interest therein.
5. Invest and reinvest funds of the authority.
6. Enter into contracts of any kind, and execute all instruments necessary or convenient
with respect to its carrying out the powers of the Act to accomplish the purpose of the
Authority.
7. Expend such funds as may be available to the Authority for the purpose of developing
facilities, including but not limited to (i) purchasing real estate; (ii) grading sites; (iii)
improving, replacing and extending water, sewer, natural gas, electrical and other utility
lines; (iv) constructing, rehabilitating, and expanding buildings; (v) constructing parking
facilities; (vi) constructing access roads, streets, and rail lines; (vii) purchasing or
leasing machinery and tools; and (viii) making any other improvements deemed
necessary by the Authority to meet its objectives.
8. Fix and revise from time to time and charge and collect rates, rents, fees, or other
charges for the use of the facilities or for services rendered on connection with the
facilities.
9. Borrow money from any source for any valid purpose, including working capital for its
operations, reserve funds, or interest, mortgage, pledge, or otherwise encumber the
property or funds of the Authority, and contract with or engage the services of any
person in connection with any financing, including financial institutions, issuers of letter
of credit, or insurers.
10. Issue bonds under this chapter.
11. Accept funds and property from the Commonwealth, person, counties, cities, and
towns and use the same for any of the purposes for which the authority is created.
DRAFT
12 Apply for and accept grants or loans of money or other property from any federal
agency for any of the purposes authorized in this chapter and expend or use the same
in accordance with the directions and requirements attached thereto or imposed thereon
by any such federal agency.
13. Make loans or grants to, and enter into cooperative arrangements with, any person,
partnership, association, corporation, business or governmental entity in furtherance of
the purpose of this chapter, for the purposes of promoting economic and workforce
development, provided that such loans or grants shall be made only from revenues of
the authority that have not been pledged or assigned for the payment of any of the
authority’s bonds, and to enter into such contracts, instruments and agreements as may
be expedient to provide for such loans, and any security therefor. The work “revenues”
as used includes grants, loans, funds and property, as enumerated herein.
14. Enter into agreements with any other political subdivision of the Commonwealth for
joint or cooperative actions in accordance with Section 15.2-1300, Code of Virginia,
1950 as amended.
15. Do all things necessary or convenient to carry out the purposes of this chapter.
Article VI. Donations to authority; remittance of tax revenue.
A. Partner localities are hereby authorized to lend, or donate money or other property to
an authority for any of its purposes. The partner locality making the grant or loan may
restrict the use of such grants or loans to a specific facility owned by the authority,
within or without that partner locality.
B. The governing body of the partner locality in which a facility owned by an authority is
located may direct, by resolution or ordinance that all tax revenues collected with
respect to the facility shall be remitted to the authority. Such revenues may be used for
the payment of debt service on bonds of the authority and other obligations of the
authority incurred with respect to such facility. The action of such governing body shall
not constitute a pledge of the credit or taxing power of such locality.
Article VII. Revenue Sharing Agreements
Notwithstanding the requirements of Chapter 34 (Section 15.2-3400 et seq.) the partner
localities may agree to a revenue and economic growth sharing arrangement with
respect to tax revenues and other income and revenues generated by any facility
owned by this authority. The obligations of the parties to any such agreement shall not
be construed to be debt within the meaning of Articles VII, Section 10 of the Constitution
of Virginia. Any such agreement shall be approved by a majority (unanimous) vote of
the governing bodies of the partner localities reaching such an agreement, but shall not
require any other approval.
DRAFT
Article VIII. Bond Issues
The authority may at any time and from time issue bonds for any valid purpose,
including the establishment of reserves and the payment of interest. According to the
Act, “bonds” includes notes of any kind, interim certificates, refunding bonds or any
other evidence of obligation. Any such bonds issues pursuant to the Act shall comply
with all terms and conditions identified in Section 15.2-6409, 15.2-6410, 15.2-6411 and
15.2-6412.
Article IX. Dissolution of authority
Any partner locality of the authority may withdraw from the authority (i) upon dissolution
of the authority as set forth herein, or (ii) with the majority approval of all other members
of such authority, upon a resolution adopted by the governing body of a partner locality
and after satisfaction of such partner locality’s legal obligations, including repayment of
its portion of any debt incurred, with regard to the authority, or after making contractual
provisions for the repayment of its portion of any debt incurred, with regards to the
authority, as well as pledging to pay general dues for operation of the authority for the
current and succeeding fiscal year following the effective date of withdrawal.
No partner seeking withdrawal shall retain, without the consent of a majority of the
remaining members, any rights to contributions made by such partner, to any property
held by such authority or to any revenue sharing as allowed by the Act.
Upon withdrawal, the withdrawing partner shall also return to the authority any dues or
other contributions refunded to such member during its membership in the authority.
Whenever the Board determines that the purpose for which the authority was created
has been substantially fulfilled or is impractical or impossible to accomplish and that all
obligations incurred by the authority have been paid or that cash or sufficient amount of
approved securities has been deposited for their repayment, or provisions satisfactory
for the timely payment of all its outstanding obligations have been arranged, the board
may adopt resolutions declaring and finding that the authority shall be dissolved.
Appropriate attested copies of such resolutions shall be delivered to the Governor so
that legislation dissolving such authority may be introduced in the General Assembly.
The dissolution of an authority shall become effective according to the terms of such
legislation. The title to all funds and other property owned by the authority at the time of
such dissolution shall vest in the member localities which have contributed to the
authority in proportion to their respective contributions.
Article X. Amendment of the By-Laws
These By-Laws may be amended or repealed and new By-Laws adopted at any
meeting of the Board by a super majority vote of the Board so long as notice of this
proposed amendment or repeal is contained in the notice of the meeting.
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Meeting Date
July 16, 2013
Department
Administration
Issue
Briefing on regional broadband initiative.
Summary
Victor Iannello, Sam English, and William Fralin have provided leadership through the private
sector to highlight the importance of pursuing the enhancement of broadband services and access
to the internet for the Roanoke Valley. A study was completed in partnership with private sector
companies, regional governments, and the Roanoke Valley Alleghany Regional Commission.
The study, completed by Andrew Cohill, President of Design Nine, is available online through
the Commission. The summary recommendations of the report are attached to this staff report.
The report found: "The Roanoke Region is lagging behind other communities when it comes to
its fiber optic network, and it needs to take action."
The main challenges identified by the Design Nine study were:
1. Accessibility: There are many areas of the region which have limited or no access to
broadband service
2. Affordability: There is virtually no competition among providers which drives up the
cost.
3. Reliability: There is no fully redundant fiber ring in the region, meaning that if a fiber line
gets cut there is no way to re-route service and keep customers working. For businesses
this is critical.
4. Speed: Businesses need faster access speeds that will allow them to work from there
offices in the valley with companies and customers anywhere in the world.
"These challenges may seem technical said Andrew Cohill, President of Design Nine, authors of
the study, but the bottom line is that the Roanoke region lacks a robust fiber backbone to carry it
into the 21st century. If we don't move now, we will be left on the side of the information super
highway."
Town Council
Agenda Summary
2
Using the study, the task force has identified three primary areas that need to be
addressed:
1. Develop local government policies and cooperative agreements that expand the
infrastructure of broadband throughout the region.
2. Improve the availability of low-cost broadband for residents and business throughout the
region.
3. Explore the need and economic feasibility of one or more data centers in the region.
The Task Force's representatives recommended the creation of a Wireless Authority to assist in
implementing the recommendations and to move the Valley forward. The Wireless Authorities
Act was established to help promote better public/private cooperation and planning in
development of fiber.
Fiscal Impact
At this time, a cost estimate for participation in these discussions is unknown. Staff anticipates
that during the ongoing discussions, it may be necessary for the participating parties to share in
the cost for staff/consultants which may be necessary to assist in moving forward the draft
recommendations. The cost should be less than $10,000/year, if the number of participating local
governments includes or exceeds three or more.
The other fiscal impact is tied to who shares in the expenses of any capital investment for
broadband. As proposed, all participants would be responsible for a proportional share of the
capital investment. Regardless of where the broadband is installed and its respective service area,
the town would pay a portion. This is completely unknown at this point. It is important to note
that if a project is identified in east Roanoke County or within the Town of Vinton, we still have
the ability to partner with the Authority to fund and carry out the project. This would be through
a separate agreement with Roanoke County as a member of the authority. However, in this case,
we would only fund a project within our immediate service area or one that benefits the Town.
Based on the most recent information, the following governments plan to proceed with creating
the broadband authority: Roanoke County, Roanoke City, Salem City, and Botetourt County.
Attachments
Roanoke Valley Broadband /Fiber Taskforce Recommendations
Staff Recommendation
It is my recommendation that the Town of Vinton not participate in the process of creating and
being a member of a Wireless Authority. We are still able to participate in efforts through
Roanoke County however; we would not be responsible for expenses not directly related to a
project in our area. Although the town is a strong advocate and supporter of regional
cooperation, specifically for the efforts of extending broadband, as a member we will be
obligated and our tax payers to unknown projects and expenses. Our budget is strong and based
on conservative forecasting, however, I believe the overall needs of our community will require
the majority of any new funding.
Recommendations
Roanoke Valley Broadband /Fiber Taskforce
Whereas we believe that the use and importance of the internet will grow, and the Roanoke Valley and
the New River Valley region need to develop a plan that addresses our current and future needs in order
to accelerate the growth of our regional economy and attract new residents. To this end, we recognize
that access to high speed, reasonably-priced internet services will enable:
• Business communities to be better positioned to incubate, attract, retain, and grow companies
• Educational institutions to be better equipped to prepare our students to enter the workforce
• Residential communities to i mprove the quality and variety of In-home entertainment options
and to improve the economic viability of home-based businesses
In order to meet these objectives, we identify the following needs and associated action items:
Need: Develop local government policies and cooperative agreements that expand the infrastructure of
broadband throughout the region.
Actions:
• Identify and reach out to large companies, institutions and broadband users to broaden
stakeholder support.
• Develop a master plan for construction and operation of a high speed, redundant, Regional
Network Ring with connection to the Mid Atlantic Broadband Communities Corporation {MBC)
and/or Citizens Telephone Cooperative. The network should reach schools, industrial parks,
large employers, and other economic centers.
• Develop cooperative agreements for localities with technical specifications and commercial
terms for operating the network and for exchanging data across jurisdictional boundaries.
• Develop and Implement "dig-once" requirements for construction projects, including the
placement of open-access conduit for optical fiber cable.
• Explore the creation of policies and/or agreements with Carilion Clinic and Virginia Tech for
open-access to high speed Internet In their adjacent communities.
• Work with the New River Valley and other adjacent communities that are supporting existing
broadband/fiber deployments.
• Identify the benefits and process of creating a more formal broadband committee structure or
broadband authority to create assist with policy development, infrastructure development,
partnership agreements, and asset ownership.
• Provide support to the City of Salem in any efforts to expand their fiber network through the
Salem Electric Department.
• Communicate broadband related activities and technology to the public and a dear and efficient
manner.
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Need: Improve the availability of low-cost broadband for residents and business throughout the region.
Actions:
• Encourage the rapid deployment of DOCSIS 3.0 by cable operators in the region to increase the
bandwidth at an affordable cost to cable subscribers.
• Streamline permitting of towers for long Term Evolution (LTE), marketed as 4G LTE, to increase
the availability of wire-less broadband, with emphasis on rural parts of the region.
• ·Promote open-access to the Regional Network Ring to other broadband providers to encourage
competitive and diverse offerings of internet services in the region.
• Work with Virginia Tech, CIT, the Western Virginia Water Authority and other entities to conduct a
vertical asset inventory relating to wireless technology deployment.
• Identify wireless opportunities and partnerships to provide broadband opportunities to
underserved areas.
• Work with existing providers to streamline regulations/permitting and encourage affordable
service options.
• As the broadband market changes and bandwidth demand increases, consider development of an
RFI, with assistance from Virginia CIT, for an open access fiber-to-the-home (FTTH) network.
Advertise the RFI nationally and carefully examine the viability of such a network in the Roanoke
Valley.
Need: Explore the need and economic feasibility of one or more data centers in the region
• Research the development and operation requirements of a data center, to establish the
benefits for the Roanoke Valley Assess the value of a data center for recruiting new businesses
to the region and for incubating new businesses, as well as support for existing businesses and
institutions.
• Survey potential users of data centers, including local governments, state agencies,
educational institutions, and existing businesses, and assess their collective needs and potential
partnerships.
• Develop a preliminary business plan for the data center to assess its economic feasibility.
• Concurrently identify site requirements and/or potential sites for a data center.
Meeting Date
July 16, 2013
Department
Town Clerk/Council
Issue
1. Consider approval of minutes for the regular Council meeting of July 2, 2013.
2. Consider approval of a cost of living increase for the Town Manager in the amount of
1.5%.
Summary
None
Attachments
July 2, 2013 minutes
Recommendations
Motion to approve consent agenda
Town Council
Agenda Summary
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MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M.
ON TUESDAY, JULY 2, 2013, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL
BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA.
MEMBERS PRESENT: Bradley E. Grose, Mayor
William W. Nance, Vice Mayor
I. Douglas Adams, Jr.
Robert R. Altice
Matthew S. Hare
STAFF PRESENT: Christopher S. Lawrence, Town Manager
Susan N. Johnson, Town Clerk
Elizabeth Dillon, Town Attorney
Ryan Spitzer, Assistant to the Town Manager
Gary Woodson, Public Works Director
Joey Hiner, Assistant Public Works Director
Brandon Gann, Summer Intern
The Mayor called the regular meeting to order at
7:00 p.m. The Town Clerk called the roll with Council
Member Adams, Council Member Altice, Vice Mayor
Nance, and Mayor Grose present. Council Member
Hare was not present for the roll call. After a Moment of
Silence, Mr. Adams led the Pledge of Allegiance to the
U.S. Flag.
Roll Call
Mr. Adams made a motion that the consent agenda
be approved as presented; the motion was seconded by
Vice Mayor Nance and carried by the following vote, with
all members voting: Vote 4-0; Yeas (4) – Adams, Altice,
Nance, Grose; Nays (0) – None; Absent (1) - Hare.
Mr. Hare arrived at the meeting at 7:05 p.m.
Approved minutes of the June 18,
2013 Council in the Neighborhood
meeting
Under citizen’s comments and petitions, Roger
Overstreet of 725 South Pollard Street commented that
he had received a letter from Karla Turman on June 21st
regarding tires and untagged cars that he uses for parts
that are in the back of his business. The letter indicated
that he needed to move those items or screen in the
property. An earlier letter that he received from Ms.
Turman stated that his business is grandfathered to the
pre-1995 Code and he understood that meant he did not
need to screen his property. He has been doing the
same business on that property for six years.
Mr. Overstreet further commented that he feels like the
reason this letter was sent was because he recently
complained about a sign belonging to Mr. Gross who
operates the business behind his. His complaint was
that the sign blocks the view when you come through the
alley and are trying to make a right turn. The Planning
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Department issued a permit for Mr. Gross to place his
sign there. Mr. Altice asked if the sign is on the Town’s,
Mr. Overstreet’s or Mr. Gross’ property and Mr.
Overstreet responded it is on the Town’s right-of-way.
He was told that it is grandfathered because it has been
there for many years. Comments were made that if it is
creating a hazard, something needs to be done about it.
Mr. Overstreet indicated that he had asked Ms. Turman
for a list of everybody who has ever had a complaint
about him and the only complaints are from Mr. Gross
about his cars and one from a Mr. Rogers who said he
was dumping gas and oil on the road, which DEQ
investigated and said, was not true. He just wants to be
able to operate his business without being harassed.
After additional comments from Council, the Town
Manager stated that he had met with Mr. Overstreet
earlier in the day and told him that he would meet with
Anita McMillan and review the 1995 Code and the
current Code to see exactly what was grandfathered.
He also commented that they would also review and
address the issue of the sign.
The Mayor commented that Council needs more
information and he is confident that the Town Manager
and the Planning Department will review the issues and
recommend a reasonable solution. Vice Mayor Nance
commented that Ms. Turman is not instigating any of the
investigations, but they are based on complaints she is
receiving. We want to enforce our Code, but we also
want to be good to our neighbors and our businesses.
We need our businesses to be good to each other as
well. Mr. Hare asked if after a review of these issues, if
there is a need for changes like a Special Use Permit,
will staff make those recommendations and the Town
Manager responded yes.
The next item on the agenda was to consider
adoption of a Resolution authorizing the Town
Manager to execute an Agreement between the
Virginia Department of Housing and Community
Development and the Town (Contract #12-31) relating
to the CDBG Downtown Revitalization Project grant in
the amount of $700,000. Mr. Spitzer commented that
he has reviewed the Agreement and it includes the
eight requirements that we have agreed to along with a
breakdown of the Town’s share for each category.
The Town Manager commented that once the
Agreement has been approved and signed, we are
obligated to fulfill the obligations of the Agreement
within 24 months. We are on track at this point. We
also plan to communicate very clearly with the
3
businesses that will be impacted by the construction
and different aspects of the project to make sure they
are aware of what is going on and who to contact if
there are issues. The Mayor asked when we might
go out to bid regarding the lighting. Mr. Spitzer
commented that he will be meeting with AEP again
next week to go over more specifics regarding what
lighting they can provide and the difference in cost
between the Town owning the lights or leasing them
from AEP. A small committee has also been created
to select some lighting choices. Also, we are working
with Hill Studio to get the bid documents ready to
hopefully go out this month to solicit for contractors for
the facades. Vice Mayor Nance made a motion to
adopt the Resolution as presented; the motion was
seconded by Mr. Altice and carried by the following roll
call vote, with all members voting: Vote 5-0; Yeas (5) –
Adams, Altice, Hare, Nance, Grose; Nays (0) – None.
Adopted Resolution No. 2025
authorizing the Town Manager to
execute an Agreement between the
Virginia Department of Housing and
Community Development and the
Town (Contract #12-31) relating to the
CDBG Downtown Revitalization
Project grant in the amount of
$700,000.
The next item on the agenda was an update from
Brandon Gann, Intern in the Town Manager’s Office,
on the progress of the Accounting Manual and Town
Procurement Policy. Mr. Gann began with comments
regarding the Accounting Manual. The auditors have
expressed concern over the past few years that we
should have an Accounting Procedures Manual. With
the assistance of the Finance staff, he has completed
a first draft of the manual which is currently being
reviewed.
Regarding the procurement policy, the Town’s current
policy was adopted in 1997 with no material changes
having occurred since then. Mr. Gann then explained
that while a locality can be more restrictive in its
financial standards in a procurement policy, his
research has found that many localities have adopted
the State Code as their Code and that is his
recommendation.
Mr. Gann further commented that he has completed a
skate park survey of surrounding localities which
included capital infrastructure, risk management,
budgets, operations and management policies, and
assessing the impacts this type of public recreation
facility can have on a community. He has also
researched attendance policies for committees and
how they can affect efficiency and effectiveness.
Mr. Gann indicated that he has had the opportunity to
be introduced to the RFP process by participating in
the interview process. He has spent some time in the
Planning Department, Police Department and hopes to
be able to shadow more in the Planning Department,
4
Fire & EMS and in the Public Works Department. He
expressed his appreciation for being able to do this
Internship with the Town and to learn aspects of local
government that you cannot get from just classroom
experience.
Mr. Hare asked if he felt that the work done so far on
the Accounting Manual is within the sphere of the
expectations of the auditors. Mr. Gann responded
that the manual will allow any new employees as well
as current employees in the absence of another
employee to be able to handle any function of the
department. There is an appendix section that gives
step by step directives and the main part of the manual
has general procedure and policy information. The
manual will be in a three-ring binder with different
sections so updates can be made without having to
reprint the entire manual.
Mr. Hare asked if our current procurement policy was
more restrictive than the State Code and the response
was yes. The Town Manager commented that our
current policy provides that any procurement over
$20,000 has to come to Council for approval.
According to the State Code maximum amount of
$100,000, if Council has already approved the funds in
the budget for items under $100,000, it does not
require additional Council action. The decision to be
made is whether we fully adopt the State Code or do
we want to be more restrictive. A formal detailed
recommendation will be brought back to Council for
consideration in August.
The Mayor commented that he has heard great
comments from staff regarding Mr. Gann and it has
been a pleasure to work with him.
The Town Manager reminded everyone of the July
4th event at the War Memorial.
The Mayor also commented on the July 4th event.
He also commented that on June 25th the Roanoke
County Board of Supervisors did approve the financing
for the Vinton Branch Library and wants to express his
thanks and offer the support of the Town on this
project. There will be one more public meeting
regarding the library design. The Town Manager
commented that they are looking at two dates in
August.
Comments from Council Members: Mr. Hare, Vice
Mayor Nance and Mr. Adams commented on the
opening of the Glenvar Library branch on July 1st and
5
the progress being made towards the future Vinton
branch. Mr. Hare is glad to see Roanoke City moving
forward with their stormwater management program
which should help the process for the other localities.
Vice Mayor Nance commented on Dan Vance, a long-
time resident of the Town, who was active in local
sports, is moving to Indiana and he will be truly
missed.
Vice Mayor Nance made a motion that Council go
into a Closed Meeting pursuant to § 2.2-3711 A (1) of
the 1950 Code of Virginia, as amended, for discussion
or consideration of personnel matters relating to the
annual evaluation of the Town Manager and discussion
regarding appointments to boards and commissions.
The motion was seconded by Mr. Hare and carried by
the following roll call vote, with all members voting:
Vote 5-0; Yeas (5) – Adams, Altice, Hare, Nance,
Grose; Nays (0) – None. Council went into Closed
Meeting at 7:49 p.m.
At 10:48 p.m., the regular meeting reconvened and the
Certification that the Closed Meeting was held in
accordance with State Code requirements was
approved on motion by Mr. Hare, seconded by Vice
Mayor Nance and carried by the following vote, with all
members voting: Vote 5-0; Yeas (5) – Adams, Altice,
Hare, Nance, Grose; Nays (0) – None.
Mr. Hare made a motion that the meeting be
adjourned, seconded by Mr. Adams and carried by the
following vote, with all members voting: Vote 5-0;
Yeas (5) – Adams, Altice, Hare, Nance, Grose; Nays
(0) – None. The meeting was adjourned at 10:50 p.m.
Certification of Closed Meeting
APPROVED:
________________________________
Bradley E. Grose, Mayor
ATTEST:
___________________________________
Susan N. Johnson, Town Clerk
1
Meeting Date
July 16, 2013
Department
Planning and Zoning
Issue
Consider adoption of a Resolution authorizing the Town Manager to execute two Memorandums
of Understanding (MOUs) between Roanoke County Board of Supervisors and the Vinton Town
Council for providing Stormwater Management Plan Review Services and Stormwater
Management Facilities Post-construction Inspection Services to the Town.
Summary
Beginning in March 2003, the Town began having to use private engineering firms to review
development plans for stormwater management regulations for quantity and quality compliance.
This has been a concern of business owners in the development community due to having private
competing engineering firms review and inspect another private engineer’s work.
On May 7, 2013, the Town Council held a work session to discuss the draft MOUs that Town
Staff has been working on with County Staff since August 2011. This work session followed a
formal written request for these services sent to the County Administrator on February 20, 2013,
and a meeting held on March 21, 2013, to discuss the fees associated with the requested services.
On June 17, 2013, a meeting was held between Town Manager, Planning and Zoning Director,
and the County Deputy Director of Development Services to finalize the fees for the requested
services and the term of the agreements. It is agreed that the initial agreement for each of the
MOUs will be a year. The MOUs may be modified, extended, or terminated at any time by
mutual consent of the Town and the County. Additionally, all obligations of the Town under
these MOUs that require expenditure or payment of funds by the Town are subject to annual
appropriations by the Vinton Town Council.
Town Council
Agenda Summary
2
The fees as agreed are as follow:
1. Stormwater Management Plan Review Services:
a. Projects not requiring a Virginia Stormwater Management Program (VSMP)
Permit: Fee to be based on the County’s current site plan review fee - $685.00 +
$40.00/acre or portion thereof; or
b. Projects requiring a VSMP Permit: $685 + $40.00/acre or portion thereof, plus
50% of the local portion of the VSMP permit fee payment as specified by the fees
schedule.*
2. Stormwater Management Facilities Post-Construction Inspection Services: $75.00 per
hour with the total per inspection being no less than $150.00 (minimum two hours
charge).
* By July 1, 2014, localities will be responsible for accepting the VSMP permit applications for
the state; therefore, with the administration of the VSMP permit being transferred to the locality,
28% of the VSMP permit fee will go the state and 72% of the fee will be retained by the locality.
Beginning in August 2012, a regional subcommittee with representatives from the County of
Roanoke, Cities of Roanoke and Salem, and Town of Vinton, was established to review the
current fee schedules of each corresponding jurisdiction. Based on the Committee’s research,
review, and analysis of the current fee schedules, the percent of recovery varies from an average
of 4 percent for City of Salem, 13 percent for the County of Roanoke including Town of Vinton,
and 20 percent for the City of Roanoke. Please see attached table of the fee analysis of the
current fees schedule. It is anticipated that an increase in the fees for stormwater management
program review and permitting will be forwarded, in a very near future, to each respective
governing body for their review and consideration.
Attachments
MOU for Stormwater Management Plan Review Services Memorandum of Understanding
MOU for Stormwater Management Facilities Post-Construction Inspection Services
Fee Schedule
Resolution
Recommendations
Motion to adopt Resolution
Roanoke County and Town of Vinton SWM MOU Plan Review Services Page 1
MEMORANDUM OF UNDERSTANDING
BETWEEN
ROANOKE COUNTY AND THE TOWN OF VINTON
FOR PROVIDING STORMWATER MANAGEMENT PLAN REVIEW
SERVICES TO THE TOWN OF VINTON
I. PARTIES AND PURPOSE
This Memorandum of Understanding (MOU) is made and entered into this day of ,
2013 by and between the County of Roanoke, Virginia, a political subdivision of the Commonwealth of
Virginia, hereinafter referred to as the “County”, and the Town of Vinton, a political subdivision of the
Commonwealth of Virginia, hereinafter referred to as the “Town” for the purpose of providing
stormwater management plan review services to the Town of Vinton.
The Vinton Town Council recognizes that in order to maintain a high quality level of customer service to
its development/construction community and comply with federal, state, and local requirements of the
stormwater management regulations, a close working relationship with the County is desirable and will be
made possible through this MOU.
II. SCOPE OF WORK
The County and the Town desire to cooperatively work together to continue to provide an optimum level
of customer service to the development/construction community. Therefore, the Town is entering into this
MOU to contract with the County Department of Community Development to obtain stormwater
management plan review services on an as-needed basis for the review of construction plans, concept
stormwater management plans, site stormwater management plans and all or any documents including
associated stormwater management reports related to the issuance of a development services permit.
For the period hereinafter set forth, the County and Town will provide the necessary personnel, materials,
services, facilities, funds, and otherwise perform all things necessary for or incidental to this MOU.
A. Responsibilities of the Town Planning and Zoning Department:
1. Accept site and subdivision development plans for projects located in the Town and
distribute for review and approval to the appropriate Town and County departments;
2. Collect all fees associated with the project;
3. Submit payment to the County for the stormwater management plan review services as
specified hereinafter;
4. Coordinate and attend pre-review, pre-construction and/or any needed meetings with all
parties involved in the review and approval of the Plans;
5. Act as Plan Approval Authority and facilitate all appropriate and/or needed meetings;
6. Monitor the progress of the project in the field through County Inspection;
7. Collect, administer, maintain, reduce, and release site development surety necessary for all
construction projects; and,
8. Maintain all records (record keeping) for all projects.
Roanoke County and Town of Vinton SWM MOU Plan Review Services Page 2
B. Responsibilities of the County Engineering Services Division:
1. Review concept and site stormwater management plans at the discretion of the Town and
provide recommendations on whether a project proposal meets environmental site design
to the maximum extent practicable;
2. Review construction plans as they pertain to stormwater;
3. Review stormwater management plan design revisions;
4. Review construction revisions to “issued permits”;
5. Provide conformity review for unissued projects due to ordinance, code or policy changes;
6. Review stormwater management plan and calculations;
7. Review all design calculations including stormwater management, hydraulic, hydrology,
structural, mechanical (drain valves), etc.;
8. Review stormwater management plan studies;
9. Attend pre-review, pre-construction and/or any needed meetings with all parties involved
in the review and approval of the site plans. When needed, a pre-construction meeting will
be held on Thursdays; and,
10. Plan reviewers shall be accessible during normal business hours to attend meetings and/or
answer questions concerning comments generated as part of the review of plans, and any
other documents submitted as part of the permit process.
III. FEE AND PAYMENT
For furnishing of services as specified herein, the Town shall pay the County a one-time fee per project as
follow:
a) Any project review of less than one acre (no Virginia Stormwater Management Program (VSMP)
permit is required) requiring Stormwater review, the Town will pay the County’s current plan
review fees.
b) Any project review of more than one acre (VSMP is required) requiring Stormwater review, the
Town will pay the County’s current plan review fees plus 50% of the local portion of the VSMP
permit fee payment as specified by the fees schedule.
IV. PERIOD OF AGREEMENT AND MODIFICATIONS
This MOU will be effective for ONE year, commencing on the day of ,
2013 and terminating on the ___ day of , 20 . The MOU may be modified, extended, or
terminated at any time by mutual consent of the parties hereto, or may be terminated by either party by
giving 90 days written notice to the other party.
V. APPROPRIATION
All obligations of the Town of Vinton under this MOU that require the expenditure or payment of funds
by the Town are subject to annual appropriations by the Vinton Town Council.
Roanoke County and Town of Vinton SWM MOU Plan Review Services Page 3
IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding on the day,
month, and year indicated:
FOR ROANOKE COUNTY:
Approved as to Form: COUNTY OF ROANOKE, VIRGINIA
_______________________________ By __________________________________ (SEAL)
Paul Mahoney B. Clayton Goodman, III
County Attorney County Administrator
STATE OF VIRGINIA,
CITY/COUNTY OF ____________________, to-wit:
The foregoing instrument was acknowledged before me this __________ day of
______________________, 2013, by B. Clayton Goodman, III, County Administrator on behalf of the
County of Roanoke, Virginia.
_________________________________________
Notary Public
Registration Number: _____________________ (SEAL)
My commission expires: ___________________
FOR TOWN OF VINTON:
Approved as to Form: TOWN OF VINTON, VIRGINIA
_______________________________ By __________________________________ (SEAL)
Elizabeth Dillon Christopher S. Lawrence
Town Attorney Town Manager
STATE OF VIRGINIA,
CITY/COUNTY OF ____________________, to-wit:
The foregoing instrument was acknowledged before me this __________ day of
______________________, 2013, by Christopher S. Lawrence, Town Manager on behalf of the Town of
Vinton, Virginia.
____________________________________________
Notary Public
Registration Number: _____________________ (SEAL)
My commission expires: ___________________
Roanoke County and Town of Vinton SWM MOU Facilities Inspection Services Page 1
MEMORANDUM OF UNDERSTANDING
BETWEEN
ROANOKE COUNTY AND THE TOWN OF VINTON
FOR PROVIDING STORMWATER MANAGEMENT FACILITIES
POST-CONSTRUCTION INSPECTION SERVICES TO THE TOWN OF VINTON
I. PARTIES AND PURPOSE
This Memorandum of Understanding (MOU) is made and entered into this day of ,
2013, by and between the County of Roanoke, Virginia, a political subdivision of the Commonwealth of
Virginia, hereinafter referred to as the “County”, and the Town of Vinton, a political subdivision of the
Commonwealth of Virginia, hereinafter referred to as the “Town” for the purpose of providing
stormwater management facilities inspection services to the Town of Vinton.
II. SCOPE OF WORK
The Town is entering into this MOU to contract with the County, for the County Department of
Community Development, to provide post-construction stormwater management facilities inspection and
review services as needed, including the preparation of documents, such as, associated stormwater
management reports related to the maintenance of the stormwater facilities including ponds, Best
Management Practices (BMPs), etc.
For the period hereinafter set forth, the County and Town will provide the necessary personnel, materials,
services, facilities, funds, and otherwise perform all things necessary for or incidental to this MOU.
A. Responsibilities of the Town Planning and Zoning Department:
1. Provide and update, as needed, a list of the stormwater facilities including ponds, BMPs,
etc. that need to be inspected. Inspection schedule will be reviewed and approved by the
Town and County personnel.
2. Assume all the communication and enforcement of regulations with the owner/developer
of the stormwater facilities including ponds, BMPs, etc.
3. Coordinate and attend any required and/or needed meeting(s) with owners and/or
maintenance personnel of the stormwater facilities, BMPs, etc.
B. Responsibilities of the County Engineering Services Division:
1. Perform necessary inspections of the stormwater facilities including ponds, BMPs, etc.
once notification is received from the Vinton Planning and Zoning Department.
2. Complete and provide a copy of the inspection report of the stormwater facilities to the
Vinton Planning and Zoning Department.
3. Attend meetings with owner/developer and Vinton Planning and Zoning staff, when
requested and/or needed.
Roanoke County and Town of Vinton SWM MOU Facilities Inspection Services Page 2
III. FEE AND PAYMENT
For furnishing all services as specified herein, the Town shall pay the County a minimum fee of $75.00
per hour per staff member and no less than $150.00 per inspection (minimum two hours charge). Charges
shall also apply to meetings, presentations, etc. as agreed and approved by both parties.
IV. PERIOD OF AGREEMENT AND MODIFICATIONS
This MOU will be effective for ONE year, commencing on the day of __ 2013,
and terminating on the day of , 20 . The MOU may be modified, extended, or
terminated at any time by mutual consent of the parties hereto, or may be terminated by either party by
giving 90 days written notice to the other party.
V. APPROPRIATION
All obligations of the Town of Vinton under this MOU that require the expenditure or payment of funds
by the Town are subject to annual appropriations by the Vinton Town Council.
IN WITNESS WHEREOF, the parties have executed this MOU on the day, month, and year indicated:
FOR ROANOKE COUNTY:
Approved as to Form: COUNTY OF ROANOKE, VIRGINIA
_______________________________ By __________________________________ (SEAL)
Paul Mahoney B. Clayton Goodman, III
County Attorney County Administrator
STATE OF VIRGINIA,
CITY/COUNTY OF ____________________, to-wit:
The foregoing instrument was acknowledged before me this __________ day of
______________________, 2013, by B. Clayton Goodman, III, County Administrator on behalf of the
County of Roanoke, Virginia.
_______________________________________
Notary Public
Registration Number: _____________________ (SEAL)
My commission expires: ___________________
Roanoke County and Town of Vinton SWM MOU Facilities Inspection Services Page 3
FOR TOWN OF VINTON:
Approved as to Form: TOWN OF VINTON, VIRGINIA
_______________________________ By __________________________________ (SEAL)
Elizabeth Dillon Christopher S. Lawrence
Town Attorney Town Manager
STATE OF VIRGINIA,
CITY/COUNTY OF ____________________, to-wit:
The foregoing instrument was acknowledged before me this __________ day of
______________________, 2013, by Christopher S. Lawrence, Town Manager on behalf of the Town of
Vinton, Virginia.
_______________________________________
Notary Public
Registration Number: _____________________ (SEAL)
My commission expires: ___________________
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
JULY 16, 2013, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON,
VIRGINIA
STORMWATER MANAGEMENT SERVICES
A RESOLUTION authorizing the Town Manager for and on behalf of the Town of Vinton, to enter and
execute two Memorandums of Understanding (MOUs) between Roanoke County Board of Supervisors
and the Vinton Town Council.
WHEREAS, Roanoke County and the Town of Vinton have continued to cooperatively work together
to provide an optimum level of customer service to the development/construction
community; and
WHEREAS, Vinton Town Council recognizes that, in order to maintain a high quality level of
customer service to its development/construction community and to comply with federal,
state, and local requirements of the stormwater management regulations, a close working
relationship with the County of Roanoke is desirable and will be made possible through
said MOUs.
NOW, THEREFORE, BE IT RESOLVED, that Vinton Town Council does hereby authorize the
Town Manager to enter and execute the following MOUs:
1. Memorandum of Understanding for providing stormwater management plan review
services to the Town of Vinton; and
2. Memorandum of Understanding for providing stormwater management facilities post-
construction inspection services to the Town of Vinton
and any other necessary documents which shall be in a form approved by the Town Attorney.
This Resolution adopted on motion made by Council Member _____________, seconded by Council
Member ________________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
___________________________________
Bradley E. Grose, Mayor
ATTEST:
____________________________
Susan N. Johnson, Town Clerk
Meeting Date
July 16, 2013
Department
Planning and Zoning
Issue
Consider adoption of a Resolution authorizing the Town Manager to execute a Programmatic Project
Administration Agreement with the Virginia Department of Transportation (VDOT) and other applicable
documents necessary for the Glade Creek Greenway Project.
Summary
On November 6, 2012, Vinton Town Council adopted a resolution, authorizing the Town Manager to submit
an application for VDOT Revenue Sharing Program funds for the construction of Glade Creek Greenway
from Walnut Avenue to Virginia Avenue.
We were notified on June 27, 2013 that the Commonwealth Transportation Board at their June 19, 2013
meeting allocated FY2014 Revenue Sharing Funds for this Project. The grant requires a fifty percent (50%)
match from the Town in the amount of $81,000.00; the match is to be funded by a $50,000.00 donation from
Novozymes Biologicals, Inc. under its Citizymes Greenways Program Support and $31,000.00 in Town
funds; for a total project cost of $162,000.00.
The greenway will be a multi-use 10 feet wide paved surface trail of approximately 1,600 linear feet, which
will connect to the existing paved Tinker Creek Greenway located in the City of Roanoke. A connection
from Vinton to the Tinker Creek Greenway is crucial and will enable Town residents to access the Roanoke
River Greenway, which has always been considered the backbone of the regional greenway and trail
network.
Staff recommends that Council approve receipt of the grant funds and authorize the Town Manager to
execute the Programmatic Project Administration Agreement. After the Project design has been completed,
we will bring this matter back to Council for their approval of the design and the appropriation of the funds.
Attachments
Programmatic Project Administration Agreement
Appendix A
Appendix B
The anticipated Project’s Milestones
Resolution
Recommendations
Motion to adopt Resolution
Town Council
Agenda Summary
PROGRAMMATIC PROJECT ADMINISTRATION AGREEMENT
Revenue Sharing Projects
THIS AGREEMENT, made and executed in triplicate this ____ day of ____________,
20__, by and between the Town of Vinton, Virginia, hereinafter referred to as the LOCALITY
and the Commonwealth of Virginia, Department of Transportation, hereinafter referred to as the
DEPARTMENT.
WHEREAS, the LOCALITY may, in accordance with §33.1-23.05 of the Code of
Virginia (1950), as amended (the Code), and Commonwealth Transportation Board (CTB)
policy, submit application(s) for Revenue Sharing funding and may also administer projects
approved for Revenue Sharing funding by the CTB; and
WHEREAS, Appendix A documents the funding allocated to each Project and shall be
developed and included as an attachment to this agreement. Such attachment may be amended,
revised or removed or an additional Appendix A may be added as additional projects or funding
is approved by the CTB and allocated to the LOCALITY to finance the Project(s) within the
term of this Agreement without the need to execute an additional project administration
agreement; and
WHEREAS, current and future projects approved for Revenue Sharing funding by the
CTB within the term of this agreement and subject to the terms and conditions specified herein
shall be identified on a list which will be included as an attachment to this Agreement as
Appendix B. Such attachment may be amended as additional projects are approved by the CTB
and shall be signed by an authorized LOCALITY and VDOT official, without the need to
execute an additional project administration agreement. If any active project with an existing
agreement is incorporated herein, the original project agreement shall automatically terminate
upon inclusion in this programmatic agreement of an updated Appendix A and an amended
Appendix B to reflect that project; and
WHEREAS, both parties have concurred in the LOCALITY's administration of the
phase(s) of work for the respective Project(s) listed in the attachments in accordance with
applicable federal, state and local laws and regulations and that the locality will certify
compliance with those laws and regulations as prescribed by the Department.
NOW THEREFORE, in consideration of the mutual premises contained herein, the
parties hereto agree as follows:
1. This agreement shall be effective for an initial period of THREE fiscal years and may be
extended by an addendum signed by each party for one additional term of THREE fiscal
years unless a change in policy or the Code necessitates a change in terms and conditions
before the term of this agreement shall have passed. This Agreement shall NOT extend
beyond SIX fiscal years. In the event that a new agreement becomes necessary during
the life of this Agreement, Appendix A and Appendix B may be incorporated within the
new approved agreement upon mutual agreement by both parties.
Town of Vinton
OAG Approved 06/18/2012 2
2. The LOCALITY shall:
a. Be responsible for all activities necessary to complete the noted phase(s) of each
Project shown on the Appendix B and on the respective Project’s Appendix A, except
for activities, decisions, and approvals which are the responsibility of the
DEPARTMENT, as required by federal or state laws and regulations or as otherwise
agreed to, in writing, between the parties.
b. Receive individual prior written authorization from the DEPARTMENT to proceed
with each project.
c. Administer the Project(s) in accordance with guidelines applicable to state funded
Locally Administered Projects as published by the DEPARTMENT.
d. Provide certification by a LOCALITY official of compliance with applicable laws
and regulations on the State Certification Form for State aid projects or in another
manner as prescribed by the DEPARTMENT for each project included in Appendix
B.
e. Maintain accurate and complete records of each Project’s development of all
expenditures and make such information available for inspection or auditing by the
DEPARTMENT. Records and documentation for items for which reimbursement
will be requested shall be maintained for not less than three (3) years following
acceptance of the final voucher on each Project.
f. No more frequently than monthly, submit invoices with supporting documentation to
the DEPARTMENT in the form prescribed by the DEPARTMENT. The supporting
documentation shall include copies of related vendor invoices paid by the
LOCALITY and also include an up-to-date Project summary and schedule tracking
payment requests and adjustments.
g. Reimburse the DEPARTMENT all Project expenses incurred by the DEPARTMENT
if, due to action or inaction solely by the LOCALITY, the project becomes ineligible
for state reimbursement, or in the event the reimbursement provisions of Section
33.1-44 or Section 33.1-70.01 of the Code, or other applicable provisions of state law
or regulations require such reimbursement.
h. Pay the DEPARTMENT the LOCALITY’s matching funds for eligible Project
expenses incurred by the DEPARTMENT in the performance of activities set forth in
paragraph 3.a.
i. Administer the Project in accordance with all applicable federal, state, and local laws
and regulations. Failure to fulfill these obligations may result in the forfeiture of
state-aid reimbursements. DEPARTMENT and LOCALITY staffs will work together
to cooperatively resolve any issues that are identified so as to avoid any forfeiture of
state-aid funds.
Town of Vinton
OAG Approved 06/18/2012 3
j. If legal services other than those provided by staff counsel are required in connection
with condemnation proceedings associated with the acquisition of Right-of-Way, the
LOCALITY will consult the DEPARTMENT to obtain an attorney from the list of
outside counsel approved by the Office of the Attorney General. Costs associated
with outside counsel services shall be reimbursable expenses of the project.
k. For projects on facilities not maintained by the DEPARTMENT, provide, or have
others provide, maintenance of the Project upon completion, unless otherwise agreed
to by the DEPARTMENT.
3. The DEPARTMENT shall:
a. Perform any actions and provide any decisions and approvals which are the
responsibility of the DEPARTMENT, as required by federal or state laws and
regulations or as otherwise agreed to, in writing, between the parties.
b. Upon receipt of the LOCALITY's invoices pursuant to paragraph 2.f, reimburse the
LOCALITY the cost of eligible Project expenses, as described in Appendix A. Such
reimbursements shall be payable by the DEPARTMENT within 30 days of an
acceptable submission by the LOCALITY.
c. If appropriate, submit invoices to the LOCALITY for the LOCALITY’s share of
eligible Project expenses incurred by the DEPARTMENT in the performance of
activities pursuant to paragraph 2.a.
d. Audit the LOCALITY’s Project records and documentation as may be required to
verify LOCALITY compliance with applicable laws and regulations.
e. Make available to the LOCALITY guidelines to assist the parties in carrying out
responsibilities under this Agreement.
4. Appendix A identifies the specific funding sources for each Project under this
Agreement, phases of work to be administered by the LOCALITY, and additional
project-specific requirements agreed to by the parties. There may be additional elements
that, once identified, shall be addressed by the parties hereto in writing, which may
require an amendment to this Agreement.
5. If designated by the DEPARTMENT, the LOCALITY is authorized to act as the
DEPARTMENT’s agent for the purpose of conducting survey work pursuant to Section
33.1-94 of the Code.
6. Nothing in this Agreement shall obligate the parties hereto to expend or provide any
funds in excess of funds agreed upon in this Agreement or as shall have been included in
an annual or other lawful appropriation. In the event the cost of a Project under this
agreement is anticipated to exceed the allocation shown for such Project on the respective
Appendix A, both parties agree to cooperate in providing additional funding for the
Project or to terminate the Project before its cost exceeds the allocated amount, however
Town of Vinton
OAG Approved 06/18/2012 4
the DEPARTMENT and the LOCALITY shall not be obligated to provide additional
funds beyond those appropriated pursuant to an annual or other lawful appropriation.
7. Nothing in this agreement shall be construed as a waiver of the LOCALITY’s or the
Commonwealth of Virginia’s sovereign immunity.
8. The Parties mutually agree and acknowledge, in entering this Agreement, that the
individuals acting on behalf of the Parties are acting within the scope of their official
authority and the Parties agree that neither Party will bring a suit or assert a claim against
any official, officer, or employee of either party, in their individual or personal capacity
for a breach or violation of the terms of this Agreement or to otherwise enforce the terms
and conditions of this Agreement. The foregoing notwithstanding, nothing in this
subparagraph shall prevent the enforcement of the terms and conditions of this
Agreement by or against either Party in a competent court of law.
9. The Parties mutually agree that no provision of this Agreement shall create in the public,
or in any person or entity other than parties, rights as a third party beneficiary hereunder,
or authorize any person or entity, not a party hereto, to maintain any action for, without
limitation, personal injury, property damage, breach of contract, or return of money, or
property, deposit(s), cancellation or forfeiture of bonds, financial instruments, pursuant to
the terms of this of this Agreement or otherwise. Notwithstanding any other provision of
this Agreement to the contrary, unless otherwise provided, the Parties agree that the
LOCALITY or the DEPARTMENT shall not be bound by any agreements between
either party and other persons or entities concerning any matter which is the subject of
this Agreement, unless and until the LOCALITY or the DEPARTMENT has, in writing,
received a true copy of such agreement(s) and has affirmatively agreed, in writing, to be
bound by such Agreement.
10. This agreement may be terminated by either party upon 30 days advance written notice.
Eligible Project expenses incurred through the date of termination shall be reimbursed in
accordance with paragraphs 2.f, 2.g, and 3.b, subject to the limitations established in this
Agreement and Appendix A. Should the LOCALITY unilaterally cancel a project
agreement, the LOCALITY shall reimburse the DEPARTMENT all state funds
reimbursed and expended in support of the project, unless otherwise mutually agreed-
upon prior to termination.
THE LOCALITY and DEPARTMENT acknowledge and agree that this Agreement has
been prepared jointly by the parties and shall be construed simply and in accordance with its fair
meaning and not strictly for or against any party.
THE LOCALITY and the DEPARTMENT further agree that should Federal-aid
Highway funds be added to any project, this agreement is no longer applicable to that project and
the applicable Appendix A shall be removed from this agreement and the Standard Project
Administration Agreement for Federal-aid Projects executed for that project.
THIS AGREEMENT, when properly executed, shall be binding upon both parties, their
successors, and assigns.
Town of Vinton
OAG Approved 06/18/2012 5
THIS AGREEMENT may be modified in writing by mutual agreement of both parties.
IN WITNESS WHEREOF, each party hereto has caused this Agreement to be executed
as of the day, month, and year first herein written.
TOWN OF VINTON, VIRGINIA:
_____________________________________
_____________________________________
Typed or printed name of signatory
______________________________________ __________________________
Title Date
______________________________________ __________________________
Signature of Witness Date
NOTE: The official signing for the LOCALITY must attach a certified copy of his or her
authority to execute this agreement.
COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION:
______________________________________ __________________________
Commissioner of Highways Date
Commonwealth of Virginia
Department of Transportation
______________________________________ __________________________
Signature of Witness Date
Attachments
Appendix A (for each project covered under this Agreement)
Appendix B (listing Project(s) covered under this Agreement)
Version 8/19/11
UPC: Locality:
Project Narrative
From:
To:
Recommendation and Date
Typed or printed name of person signing
● Funds are not available until July 1 of the fiscal year in which they are allocated.
● Estimated eligible VDOT expenses are based on VDOT processing SERP (if applicable) and inspection. Any additional assistance may result in additional VDOT charges.
● In accordance with §33.1-23.05 of the Code of Virginia , this project must be initiated and at least a portion of the funds expended within one year of allocation. If not initiated by 06/19/2014 the project
may be subject to deallocation.
●FY 14 - $162,000 ($81,000 locality and $81,000 VDOT)
● Revenue Sharing Funds above consist of the following Fiscal Years:
Right of Way & Utilities
Total PE
$0
$0 $0
$16,250$16,250
● This project is a Revenue Sharing project and must follow the procedures set forth in the Guide to the Revenue Sharing Program.
0%
$129,500 Revenue SharingConstruction
$4,500
$157,500$0
$32,500
$129,500
$16,250Preliminary Engineering
$162,000
$0
Phase Estimated Project Costs Local Share Amount
Project Estimates
Estimated Reimbursement to
Locality
(Max. Reimbursement - Est.
VDOT Expenses)
Maximum Reimbursement
(Estimated Cost - Local
Share)
Estimated Locality Project Expenses
Locality DUNS#
Michelle Caruthers, PE 540-387-5408Department Project Coordinator Contact Info:
104253
Project Location ZIP+4:
Scope:
Total Estimated Cost
Town of Vinton
Locality Address (incl ZIP+4):
311 S. Pollard Street, Vinton, VA 24179
Glade Creek Greenway
Preliminary Engineering ConstructionRight of Way and Utilities
Anita McMillan (540) 983-0601
$127,500
Estimated VDOT Project Expenses
Estimated Total Project Costs $32,500
$2,000
$32,500
$30,000
$2,500
Project Number: U000-149-R43
Locality Project Manager Contact info:
Virginia Avenue
Walnut Avenue
Revenue Sharing 50%
$0$0
$13,750
$0 $0
Project Cost and Reimbursement
$0
$16,250
Funds type
(Choose from drop down box)
Local % Participation for
Funds Type
$0$0 $0
Total RW $0 $0$0
$0
50%$64,750 $64,750
$0
$64,750$64,750
$81,000
$62,750
$76,500$81,000
Estimated Total Reimbursement by VDOT to Locality (Less Local Share and VDOT Expenses)
$81,000 $81,000
Total CN $129,500
Revenue Sharing State
Match
$162,000Total Estimated Cost
Program and project Specific Funding Requirements
● This is a limited funds project. The Locality shall be responsible for any additional funding in excess of $81,000
● The project will be constructed and maintained in accordance with VDOT's: Urban Manual
● This project shall be administered in accordance with VDOT's Locally Administered Projects Manual
● The Locality will continue to operate and maintain the facility as constructed. Should the design features of the project be altered by the Locality subsequent to project completion without approval of
the Department, the locality inherently agrees, by execution of this agreement, to make restitution, either physically or monetarily, as required by the Department.
$81,000
$162,000
Total Maximum Reimbursement by VDOT to Locality (Less Local Share)
$76,500
Project Financing
Revenue Sharing Local
Match
Aggregate Allocations
(A+B+C+D+E+F)
Typed or printed name of person signing
Authorized Locality Official and date
● Total project allocations:
Authorized VDOT Official
$162,000
Locality
Locality Program Coordinator:
Department Program Coordinator:
UPC Project #
State Match
Approved Amount
Date of CTB
Approval
Date Appendix A
Signed by District
Date Appendix A
Revised
Modified State
Match
104253 U000-149-R43 81,000$ 6/19/2013
UPC Project #
State Match
Approved Amount
Date of CTB
Approval
Date Appendix A
Signed by District
Date Appendix A
Revised
Modified State
Match
MAINTENANCE PROJECTS
CONSTRUCTION PROJECTS
Authorized VDOT Official Date
Authorized Locality Official Date
NOTE: Transfers between construction and maintenance projects should not be assumed but will be evaluated on a case-by-case
basis.
APPENDIX B
Date Appendix B Modified
Town of Vinton
Anita McMillan
Michelle Caruthers, PE
Original Agreement Date
Potential Schedule for
Locally-Administered Project
UPC__________
\\Sa-file1\district\Administration\Programming\Locally Administered Projects\LAP - misc forms and guidance\Milestones.xls 5/25/2012
Anticipated Activity
Completion Date Project Development Activity (w/ potential timeframes)
/ / Hold kick-off meeting with VDOT
/ / Procure consultant (0-4 months)
/ / Hold scoping meeting
/ / Submit 50% plans to VDOT for review & comment
(0-6 months; 2 weeks for VDOT review)
/ / Complete environmental document (0-9 months)
/ / Submit 90% plans & bid document/technical specs to VDOT for review
(0-3 months; 4 weeks for VDOT review)
/ / Obtain R-O-W Certification (include 2 weeks for VDOT review and issuance)
/ / Submit final plans & bid document/technical specs to VDOT
(0-4 months; 2-4 weeks for VDOT review)
/ / Request & obtain Advertisement Authorization (n/a to State-funded Revenue
Sharing projects) (0-2 months)
/ / Advertise for bids
/ / Award contract/begin construction (0-3 months; VDOT must approve
contract award before NTP)
/ / Construction complete
/ / Final reimbursement request (ensure funds expended by deadline on Proj.
Admin. Agreement)
Note that this schedule must be received by District staff before Project Administration Agreement & Appendix A
will be forwarded to Central Office for execution and processing.
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON
TUESDAY, JULY 16, 2013, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE
VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET,
VINTON, VIRGINIA
GLADE CREEK GREENWAY
A RESOLUTION authorizing the Town Manager for and on behalf of the Town of Vinton, to
execute a Programmatic Project Administration Agreement with the Virginia Department of
Transportation (VDOT), as well as other necessary documents for Glade Creek Greenway
Project.
WHEREAS, on November 6, 2012, Resolution No. 1992 was adopted by Vinton Town
Council authorizing the Town Manager to file an application for VDOT Fiscal
Year 2013-2014 Revenue Sharing Program funds; establishing the Project title;
setting the amount of funds requested and setting forth the amount of in-kind
matching costs that are part of the total Project cost; and
WHEREAS, the Commonwealth Transportation Board, at their June 19, 2013, meeting
approved and obligated the grant funds requested in the amount of $81,000.00 for
the aforementioned Project; and
WHEREAS, the said grant requires a fifty percent (50%) match from the Town in the amount
of $81,000.00; said match is to be funded by a $50,000.00 donation from
Novozymes Biologicals, Inc. under its Citizymes Greenways Program Support
and $31,000.00 Town funds; for a total project cost of $162,000.00 and
WHEREAS, the Town agrees to provide the administrative services to manage the grant for the
completion of the Project; and
WHEREAS, the Vinton Town Council needs to authorize the Town Manager to execute the
Agreement for the Project and other necessary documents.
NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby
authorize the Town Manager to execute said Programmatic Project Administration Agreement
and other necessary documents, approved as to form by the Town Attorney.
This Resolution adopted on motion made by Council Member _____________, seconded by
Council Member ________________, with the following votes recorded:
AYES:
NAYS:
2
APPROVED:
___________________________________
Bradley E. Grose, Mayor
ATTEST:
_____________________________
Susan N. Johnson, Town Clerk
Meeting Date
July 16, 2013
Department
Special Programs
Issue
Consider adoption of a Resolution re-appropriating $3,000.00 received from the Foundation for
Roanoke Valley and $500.00 received from Member One to utilize for implementation of a
SNAP/EBT program at the Vinton Farmers’ Market.
Summary
During the spring and summer of 2012 an anonymous donation of $3,000.00 was made through
the Foundation for Roanoke Valley for the purpose of facilitating a SNAP/EBT program. A
$500.00 donation was also received from Member One for SNAP and benefitting children's
programs at the Vinton Farmers' Market. The TOV implementation had to be postponed until the
2013 season due to the free EBT machine not being received from the state until mid- October
2012. We had further delays due to a volunteer staffing situation that did not materialize and the
coolness and volume of rain affecting a later growing season. We are ready to implement the
program July 20, 2013 by employing a temporary seasonal market assistant. Approximately
$1800.00 will be used for staffing and $1700.00 will be used for matching funds for the
SNAP/EBT purchases and some incidental operational cost. SNAP customers will receive a
dollar for dollar match increasing their buying power which also benefits the volume of sales for
the market vendor.
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, JULY 16, 2013 AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF THE
VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON,
VIRGINIA.
WHEREAS, the Town of Vinton received revenue in the amount below and it was posted in the
Miscellaneous Revenue Account before the close of June 30, 2012; and
WHEREAS, the revenue was received from the Foundation for Roanoke Valley in the amount
of $3,000.00 and Member One in the amount of $500.00, to utilize for implementation of a
SNAP/EBT program at the Vinton Farmers' Market; and
WHEREAS, the funds need to be re-appropriated to the Special Programs expenditure accounts
as detailed in the current budget to properly reflect the source of funds for this expense.
NOW THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby make
an additional appropriation in addition to the annual budgetary appropriation for the fiscal year
ending June 30, 2014, as follows:
From: 200.29900 Appropriated Fund Balance $3,500.00
To: 200.7101.103 Salaries and Wages, Part-Time $1,800.00
200.7101.722 Special Projects $1,700.00
This Resolution was adopted on motion made by Council Member _________________,
seconded by Council Member _____________________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
Bradley E. Grose, Mayor
ATTEST:
___________________________________
Susan N. Johnson, Town Clerk
Meeting Date
July 16, 2013
Department
Special Programs
Issue
Consider adoption of a Resolution appropriating $1,500.00 to the Special Programs expenditure
account for reimbursement of Vinton Farmers' Market vendors for SNAP and debit token
purchases as detailed in the current budget to properly reflect the source of funds for this
expense.
Summary
The SNAP/EBT program and debit purchases will be operated by a token system. The customers
will purchase tokens at a designated market table. SNAP (Supplemental Nutritional Assistance
Program) customers will provide a SNAP card that will be swiped. They will purchase color
coded tokens and will also be provided a matching funds token. Customers wishing to make
regular debit purchases may also have their debit cards swiped to purchase tokens. The customer
will spend the tokens with the vendors of their choosing. The vendors will turn in the tokens to
the Market Assistant at the end of the day. The assistant or Special Programs Director will
record the number of SNAP tokens, matching tokens, and debit tokens purchased with each
vendor. The information will be submitted to the Town of Vinton Finance Department on
Mondays or Tuesdays for preparation of a check reimbursement to the vendors on Friday or
Saturday. This is a common system to use at a farmers' market. Funding will be provided by
revenue. The funding would be for a pass-through account. Currently, Salem Farmers' Market,
Grandin Road Market and the Roanoke City Market are using the same type of system.
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, JULY 16, 2013 AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF THE
VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON,
VIRGINIA.
WHEREAS, funds need to be appropriated to the Special Programs expenditure account for
reimbursement of Vinton Farmers' Market vendors for SNAP and debit token purchases as
detailed in the current budget to properly reflect the source of funds for this expense; and
WHEREAS, revenue account 200.1613.001 will be used for receiving revenue and expense
account 200.7101.735 will be utilized for vendor reimbursement.
NOW THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby make
an additional appropriation in addition to the annual budgetary appropriation for the fiscal year
ending June 30, 2014, as follows:
From: 200.29901 Un-Appropriated Surplus $1,500.00
To: 200.7101.735 Special Programs $1,500.00
This Resolution was adopted on motion made by Council Member ________________,
seconded by Council Member _________________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
Bradley E. Grose, Mayor
ATTEST:
___________________________________
Susan N. Johnson, Town Clerk
1
Meeting Date
July 16, 2013
Department
Administration
Issue
Consider adoption of a Resolution authorizing the payment of $20,000 as the Town’s portion of
the $60,000.00 payment required for the early termination of the lease between the County of
Roanoke and B. Wayne Dunman and Rebecca J. Dunman for property located at 304 Pollard
Street, the site of the new Vinton Library branch.
Summary
This is a request to approve payment to Roanoke County as part of their proposal to authorize the
early termination of a lease between the Board of Supervisors of Roanoke County and B. Wayne
Dunman and Rebecca J. Dunman t/a Dunman Floral Supply, Inc. (Tenant). To accomplish this
early termination it is necessary to compensate the Tenant.
On June 28, 2011, Roanoke County’s Board of Supervisors Ordinance#062811-14, which
authorized the lease of 0.761 acre and 1.24 acres located 304 Pollard Street, Vinton, Virginia to
the Tenant for one (1) year beginning August 1, 2011, with automatic renewals for two (2)
additional one (1) year terms, unless the Tenant notified the County of its intention not to renew.
After the third (3rd) annual lease term the County could notify the Tenant of its intention not to
renew the lease. The Tenant pays the County $45,000 per year as rent.
The County and the Town of Vinton desire to accelerate the construction of the proposed new
library. The County Administrator has negotiated an early termination of this lease with the
Tenant. The Tenant is requiring the payment of $60,000 to terminate this lease. Staff believes it
is beneficial to have the tenant relocated by August 31, 2013, in order that the Vinton Library
Project can proceed with an aggressive schedule.
Like the Glenvar Library Project, County staff is recommending that the building and site
demolition be scheduled separately from building construction. It would be scheduled for late
fall, 2013. This will allow the project to move forward to the construction phase by February,
2014. The current schedule indicates bidding on January 1, of 2014 and construction beginning
Town Council
Agenda Summary
2
in mid-February of 2014. This same schedule indicates a final construction inspection (project
completion) of June 15, 2015. This is the current project schedule and is subject to change due to
ongoing design and other work on the project.
The Tenant is requiring the payment of $60,000 to terminate this lease. Roanoke County has
agreed to pay $40,000 and has asked the Town of Vinton to pay the remaining $20,000.
The County projects that it will have $40,000 available in the Vinton Library Project to cover
this cost. It is anticipated that the County will receive the $20,000 from the Town of Vinton, so
that we can provide one check to Mr. Dunman for the termination of this lease. Once the funds
are received from the Town of Vinton, a Board report will be completed to appropriate the funds.
County staff has reviewed the construction cost index to determine the present value of
accelerating the construction of this library. The current annual index is +2.3%. The County's
anticipated construction cost for Vinton Library is $5.6 million for the building only, so an
eighteen (18) month delay at +2.3% would yield a conservative estimate of a cost increase of
$193,200. If the +2.3% increase is applied to the entire project (such as furnishings, demolition,
etc.) then a total project increase of $309,545 is estimated.
Borrowing costs due to possible increases in interest rates could also increase total project costs.
An expenditure of $60,000 that allows work to start eighteen (18) months earlier than would
otherwise be the case is clearly justifiable from a cost perspective.
Staff recommends that the Council consider the County’s request to fund up to $20,000 of the
lease buyout agreement to allow early termination of the lease with B. Wayne Dunman and
Rebecca J. Dunman and providing a payment of $20,000 from the FY2014 contingency fund.
Attachments
Resolution
Recommendations
Motion to adopt Resolution
RESOLUTION NO
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON
TUESDAY, JULY 16, 2013, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE
VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON,
VIRGINIA.
WHEREAS, in 2011 the County of Roanoke acquired real estate at 304 Pollard Street, Vinton,
Virginia, for the construction of a possible site of a future Roanoke County library
at which time the County and the Town of Vinton entered into an agreement for
each locality to pay one-half of the purchase price of said real estate; and
WHEREAS, the County of Roanoke has leased said real estate to the tenant since August 1,
2011 and said lease agreement provided that after the third (3rd) annual lease term
the County could notify the Tenant of its intention not to renew the lease; and
WHEREAS, the County and the Town desire to accelerate the construction of the proposed
new library and the County Administrator has negotiated an early termination of this
lease with the Tenant effective August 31, 2013; and
WHEREAS, the Tenant is requiring the payment of $60,000 to terminate this lease and the
County has requested that the Town pay $20,000 of said amount as the Town’s
portion.
NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve
the following transfer:
FROM: 200.8900.407 Contingency Reserve $20,000.00
TO: 200.8150.567 Contrib/trans to other Gov $20,000.00
This Resolution was adopted on motion made by Council Member ________________, seconded
by Council Member ___________________ with the following votes recorded:
AYES:
NAYS:
APPROVED:
Bradley E. Grose, Mayor
ATTEST:
Susan N. Johnson, Town Clerk
Meeting Date
July 16, 2013
Department
Administration
Issue
Consider approval of the renewal of the Memorandum of Understanding dated June 6, 2010
between the Town and Roanoke County for Emergency 911 services.
Summary
In 2010, Roanoke County began providing Emergency 911 Services to the Town of Vinton for
Police, Fire, and Rescue. The Memorandum of Understanding between the parties provides that
the cost formula be reviewed every three (3) years. Roanoke County and the Town have
reviewed the formula, and no changes are needed at this time.
Attachments
Exhibit C from MOU-Cost Allocation Formula
911 Call Log
Recommendations
Motion to approve renewal of MOU
Town Council
Agenda Summary
Measure #1 Calls for Service
RoCo TOV
302,707 34,319
Measure #2 Number of Incidents
RoCo TOV
90 ,275 19,428
FY 09-10
Budget Shares
RoCo TOV
86.05% 13,95%
Cost Allocation Formula
Fiscal Year 2010
Area
Total
337,026
Area
Total
109,703
Exhibit C
Factor #1 Relative CFS
RoCo TOV
89,82% 10.18%
Factor #2 Relative # of Incidents
RoCo TOV
8129% 1731%
2011 911 Calls Percentage
TOV Wireless 911 Calls 5,715
TOV Wireline 911 Calls 1,878
TOV Total 911 Calls 7,593 13.45%
County Wireless 911 Calls 31,095
County Wireline 911 Calls 17,763
County Total 911 Calls 48,858 86.55%
Grand Total 911 Calls 56,451 100.00%
2011 Dispatched Calls Percentage
TOV Dispatched Calls 7,517 17.58%
County Dispatched Calls 35,236 82.42%
Total 42,753 100.00%
2012 911 Calls Percentage
TOV Wireless 911 Calls 5,554
TOV Wireline 911 Calls 1,630
TOV Total 911 Calls 7,184 12.69%
County Wireless 911 Calls 32,779
County Wireline 911 Calls 16,628
County Total 911 Calls 49,407 87.31%
Grand Total 911 Calls 56,591 100.00%
2011 Dispatched Calls Percentage
TOV Dispatched Calls 6,057 18.44%
County Dispatched Calls 26,782 81.56%
Total 32,839 100.00%
2013 911 Calls Percentage
TOV Wireless 911 Calls 5,123
TOV Wireline 911 Calls 1,684
TOV Total 911 Calls 6,807 12.96%
County Wireless 911 Calls 31,652
County Wireline 911 Calls 14,048
County Total 911 Calls 45,700 87.04%
Grand Total 911 Calls 52,507 100.00%
2011 Dispatched Calls Percentage
TOV Dispatched Calls 6,744 19.55%
County Dispatched Calls 27,745 80.45%
Total 34,489 100.00%