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HomeMy WebLinkAbout6/21/2011 - RegularBradley E. Grose, Mayor Robert R. Altice, Councilmember Carolyn D, Fidler, Vice Mayor Matthew S. Hare, Councilmember William "Wes" Nance, Councilmember zffff�� �01 � FAINEVA1111110 ZT-Fs-07U-Tff-r*o a r 6 re 3 Vinton, VA 2n4179 (540) 983-0607 1. Request to Approve Minutes for Regular Meeting of May 17, 2011 3. Officer of the Month for May, 2011 — Officer Christopher Hays FCITIZENS' COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda 1. Disposition of Recently Vacatd Town of Vinton Right -of -Way Property Kno as Bowman Street Located eBetween Madison and Washington Avenues to BI Woods Union 76, Inc. — Ordinance No. 914 2. Conveyance of Access Easement Located on Well Tract 16 of Map # 4 Lindenwood on Briarwood Drive in the County of Roanoke to Eula B. Ayers — Ordinance No, 915 2. Consideration of Proposed Amendments to Vinton Business Center Covenants - Resolution ,►I'll - I ' -- - 3, Consideration of Agreement Between the Town of Vinton and Roanoke County for Purchase of Property at 304 South Pollard Street for Future Roanoke County Vinton Branch Library - Resolution No. 1927 KINEW,hr-Arfol &C - WILIN 4101LOMT 11111VOINUS] -4 el XT, U I 10001 Wil Ififf U4 A V1-4 M June 21, 2011 - Finance Committee Meeting at 6:00 P.W - Financial Statements for April and May July 5, 2011 - Regular Meeting 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. 2 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, MAY 17, 2011, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA, MEMBERS PRESENT: Bradley E. Grose, Mayor Robert R. Altice Carolyn D. Fidler William W. Nance ABSENT� Matthew S. Han; STAFF PRESENT: Chris Lawrence, Town Manager Consuella Caudill, Assistant Town Manager Elizabeth Dillon, Town Attorney Stephanie Dearing, Acting Clerk Barry Thompson, Finance Director/Treasurer Michael Kennedy, Public Works Director Anita McMillan, Planning Director Ben Cook, Police Captain A. 5:30 P.M. — Work Session 1 Proposed Budget for FY 2011/2012 2 Discussion of Residency Expectations for New Town Employees B. 7-00 P.M. - Roll Call and Establishment of a Quorum C. INVOCATION — Pastor Harold Cook, Interim Pastor, Lynn Haven Baptist Church D. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG E. CONSENT AGENDA 1. Request to Approve Minutes for April 19, 2011 Regular Meeting 2. Consider Re -appointment of Carolyn Fidler to the Metropolitan Planning Organization (MPO) — Resolution No. 1917 3. Consider Re -appointment of Douglas Adams to the Metropolitan Planning Organization (MPO) — Resolution No. 1918 F. AWARDS, RECOGNITIONS, PRESENTATIONS 1. Proclamation — National Police Week 2. Proclamation — Letter Carriers Stamp Out Hunger Day 3. Officer of the Month for April, 2011 —Police Officer Stephen Foutz G. CITIZENS' COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda H. TOWN ATTORNEY I. TOWN MANAGER 1 Request to Allocate Funds to Purchase of In -car Video — G3 Vision System Grant — Resolution No. 1919 2. Consideration of a FEMA Storm Water Infrastructure Grant Application — Resolution No. 1920 3. Request to Allocate Funding for Additional Street Paving — Resolution No. 1921 4. Request to Allocate Grant Funding to Underwrite a Portion of Costs for an Intern at the Vinton Pool - Resolution No. 1922 5. Request to Allocate Grant Funding for the Children's Theater Program 2011 at the Vinton Farmers Market — Resolution No. 1923 6. Request to Allocate Donated Funds from the Virginia Farm Bureau to Promote the Vinton Farmers Market during the 2011 Season — Resolution No, 1924 J, MAYOR K. COUNCIL L. ADJOURNMENT WORK SESSION 1. Discussion — TAP Weatherization Grant 2. Continuation of Discussion on Proposed FY 2011/2012 Budget The Town Manager introduced Anthony Lizan. the Town's summer intern from VA Tech who will be working on a citizen survey, Staff and Council discussed residency expectations for prospective Town employees. Mr. Lawrence reported that there are Currently no residency requirements for department heads other than for the Town Manager and the Police Chief who are required to live in Town and the Finance Directorll'reasurer who is required to live in the Town or within the Utility Systems service area. Mr. Lawrence questioned why Council fielt certain department heads should live within the Town or the Town's service area. Mr. Altice replied that he has received numerous comments from citizens who have advised him that prefer that Town employees live within the Town limits. Ms. Fidler felt that most of department heads should live in the Town or in the Town service area with the exception of the Town Clerk. She went on to say that she would prefer the Town Clerk to live in .Town but felt it would be unfair to make that requirement for the position because of the lower starting salary. She went on to say that the requirement would probably limit the number of qualified applicants unless the Town compensates him or her for their moving expenses, Mr. Lawrence advised that he needs to know whether or not the Town Clerk will be required to live within the Town limits before he advertises for the new Town Clerk's position. He noted that the ad needs to go out as soon as possible. Mr. Nance stated that his preference would be for the Clerk to live in Town but did not feel it should be a requirement. He went on to say that he felt the Town Manager and the Police Chief should be required to live in Town. The Mayor stressed that any residency requirements that Council may stipulate does not apply to current employees with the exception of the Town Manager and the Police Chief. He noted the dedication of the Town's current employees and stated that he felt the most qualified people should be hired whether they live in the Town or not with the exception of certain department heads, such as the Town Manager, the Police Chief, and the Public Works Director who should be required to live in Town. He felt the N Finance Director/Treasurer and HR Manager should be expected to reside within the service area. For positions that do not have a residence requirement, the Mayor felt those who do live in Town should be given a preference if it is proper to do so. Mr. Lawrence stated that he had discussed the issue of whether it would be legal for the Town to have residency requirements for employees with the Town Attorney and she had had advised that there are no legal issues with having a residency requirement. I le then reviewed residency policies for localities surrounding the Town of Vinton. Following considerable discussion, there was a consensus of Council that the Town Manager, Police Chief, the Public Works Director, the Assistant Town Manager and the Fire Chief should be required to reside in Town; there was a preference that the Town Clerk reside in the Town but would not be required; the Finance Director/Treasurer would be required to live in the service area. For the remainder of the Department Heads (Planning Director, Special Programs Director, the Facilities Manager, the Human Resources Manager and the Fire and EMS Captain), Council felt that it was preferred that they reside in the Town but would not be required to do so. Proposed Budeet for FY 2011/2012 Ms. Fidler questioned the Public Works Director regarding mail she had received from a private recycling company. Mr. Kennedy responded that the company that sent out the mailers, charges a fee for their services. Ile noted that the Town attorney had drafted a letter to send to the company in question because it is illegal for any private company to provide recycling services within the Town limits. Mr. Kennedy mentioned the possibility of switching from Cycle Systems to the same company used by Roanoke County. He commented that about 60% of the Town's households participate in recycling. Mayor Grose brought up the proposed purchase of a new backhoe. Mr. Kennedy explained that it was an efficiency issue for his department because there are three work crews but only two backhoes. He went on to say that his work crews would be able to work more efficiently if there was a third backhoe. Mr. Lawrence assured Council that on paper, there is enough money to pay for the backhoe. He recommended that the purchase be delayed until the third or fourth quarter if it is approved. Mr. Lawrence stated that Mr. Nance had pointed out another option, which would be to partially fund it with the idea of making the purchase next year if the money is not needed for another project. Mr. Lawrence advised that they may wish to re-evaluate the two pressure reducing valves to see if that purchase can be delayed. The Mayor responded that he feels the pressure reducing valves are critical and should not be delayed any longer. Mr. Kennedy explained to Council why he had listed the backhoe as his number one priority and noted that if he had known in January that they would be unable to replace the pressure reducing valves this year, he would not have listed the backhoe purchase as a priority. Following discussion on options for funding repairs on the two pressure reducing valves, Mr. Kennedy recommended that Council remove the backhoe from the CIP list and to fund both of the pressure reducing valves with the work being done in the spring of next year. He stated that he needed to know whether or not the Crew Chief position would be funded because if it is not, it AU create an impact across the board on response times. I At 6:50, the work session was continued until after adjournment of the regular meeting. Mayor Grose called the regular meeting to order at 7:00 p.m. Following roll Roll call, invocation and call, Pastor Harold Cook, Interim Pastor at Lynn Haven Baptist Church, Pledge of Allegiance to gave the invocation and Councilman Altice led the Pledge of Allegiance to U.S. Flag the U.S. Flag, The Consent Agenda was approved on motion by Councilman Altice and Approved Consent seconded by Mr. Nance. The motion passed with all in favor. Agenda Ms. Fidler read a proclamation designating Peace Officers Memorial Day and Police Week. VTM77-GT=F Hunger Day. S-11M12149 MEN 10rJWZ1MK*J1MR1"W 1111KQK!01E12T Mayor Grose pointed out that Council had discussed the items listed under the Town Managers section at a prior work session and for that reason, there would be very little discussion before Council votes on them. He asked that citizens feel free to make comments or ask questions if they need further information. Mr. Lawrence briefly reported on a request to allocate funds to replace one Adopted Resolution No. of two in car video cameras. He noted that matching funds of $433 would 1919 allocating funds to be taken from the DCIS Asset Forfeiture line item along with grant funds of replace an in -car video $4,326 to make the purchase. He stated that no money would be taken camera from the budget's fund balance to make the purchase. Ms. Fidler moved to adopt proposed Resolution No. 1919 allocating funds to purchase an in -car video camera. The motion was seconded by Mr. Altice and passed unanimously on a roll call vote.by the four members present Mr. Lawrence reported that a request for authorization to apply for a FEMA Stormwater Infrastructure Grant in the amount of $945,696, had been presented to Council at their last meeting. He noted that the grant will provide funds to make major upgrades to the Town's stormwater infrastructure that is located next to the Municipal Building and runs up toward Cundiff Drug Store and Roland E. Cook School. He noted that the grant's 5% in -kind match will come primarily from staff time. Mr. Nance moved to adopt proposed Resolution No. 1920 authorizing staff to apply for the FEMA Stormwater Infrastructure Grant. The motion was seconded by Ms. Fidler and passed unanimously on a roll call vote. 4 Adopted Resolution 1920 authorizing staff to apply for a FEMA Stormwater Infrastruc- ture Grant Mr. Lawrence reported that proposed Resolution No. 1921, allocating Adopted Resolution N funding for additional paving that would complete the Bali Hai/Olney 1921 allocating funds f] Road/Kenyon Road/Ramada Road improvements. additional paving - =0 Mr. Lawrence noted that the next three resolutions to be considered by Council were simply accounting housekeeping items. He further noted that Mary Beth Layman had been very successful in obtaining grant funds for the Pool, for a children's theater program at the Farmers Market as well as a grant from the Virginia Farm Bureau to promote the Vinton Farmers Market. Mr. Nance moved to adopt proposed Resolution No. 1922 allocating funding to underwrite a portion of the costs for a summer intern at the Vinton Swimming Pool, The motion was seconded by Ms. Fidler and passed with a unanimous roll -call vote. TurTing Tor a crTfriren s in MUL 11111 WNU PlaUU dL MU FL1111MIS Market. Mr. Nance seconded the motion that passed with a unanimous roll call vote. Ms. Fidler moved to adopt proposed Resolution i1o. 1924 allocating fund& that were donated by the Virginia Farm Bureau to promote the Vinton Farmers Market. The motion was seconded by Mr. Altice and passed unanimously on a roll call vote. Mayor Grose noted that the Mannathon 5K/8K race conducted by Manna Ministries took place on the previous Saturday and was a great success. He forwarded expressions of appreciation from Manna Ministries to the Town, especially the Vinton Police Department and the First Aid Crew for their efforts to make the event successful. The Mayor reported that he had received a thank you card from Ms. Karen Obenchain for recognition her late husband had received from Town Council and citizens in the area as well as for the plaque that was dedicated by Vinton Town Council in his honor. Mayor Grose adjourned the regular meeting at 7:29 p,m. WORK SESSION 1. TAP Weatherization Grant 1922, 1923 and 1924 allocating funding for three Special Programs activities, Mayor Grose introduced Mr. Rick Sheets and Mr. Alfred Chevalier who reported that the Town of Vinton, Total Action Against Poverty ('TAP) and Roanoke County are spearheading the implementation of the American Recovery and Reinvestment Act-s Home Weatherization Assistance Program incorporating new green technology, boosting the local economy and improving conditions for an entire community of residents. Mr. Sheets 9 reported that the program is possible as a result of a $1 000,000 grant titled Sustainable Energy Resources for Consumers. He fin-ther reported that two communities in the Roanoke Valley will benefit from this grant, Northwest Roanoke and the Midway Community of Vinton. Mr. Sheets advised that they have targeted 30 homes in each community that will receive basic weatherization. He noted that this weatherization will result in a reduction of 30% to 35% in energy costs for the consumer and the SERC Program (Sustainable Energy Resources for Consumers) will add on tip to an amount of $30,000 additional energy savings measures such as cool roof technologies, high performance hot water systems, geothermal heating/cooling systems or solar photovoltaic technology. lie noted that a Town meeting had previously taken place where three eligible homeowners had been identified to be eligible for the project and they had received five other applications. Ms. Fidler asked if homeowners in other areas of Vinton would be qualified if they are unable to get 30 people to commit to the project in the Midway area. Mr. Sheets replied that they would if they meet the eligibility requirements. Mr. Sheets and Mr. Chevalier discussed some of the project details and what the participants can expect during the process. 2. Continuation of Discussion on Provosed FY 2011/2012 Budget Barry Thompson reported on the Finance Department's Mission Statement, accomplishments for 2011 and goals for 2012. He reviewed a reorganization plan for his office and position reclassifications. Mr. Thompson reviewed Finance Department proposed budget line items that had been increased or decreased from the previous budget. Mr. Lawrence discussed VRS Plan 2 employees and the option of requiring all employees who are hired after July 1, 2010 and are not already in the VRS system, to pay the employee VRS contribution that is currently being paid by the Town (50/G). He noted that localities were given this option last year but the Town had decided not to implement the policy at that time, Mr. Lawrence advised that the policy would not adversely impact any employees at this time if it is enacted for Plan 2 employees begiraiing July 1. He pointed out that the long term savings for the Town would be substantial over the long term. Mr. Lawrence added that if a newly hired employee was in the VRS system before July 1, 2010, the Town would pay the 5% employee contribution. lie recommended that Council consider compensation for that cost for the two employees that were hired by the Town after July 1, 2010 since they were hired with the understanding that the Town would pay the employee contribution. Mr. Lawrence advised that a resolution will be drafted and placed on the June 7111 agenda. ro The Town Manager reported that the required budget public hearing will be properly advertised and placed on the June 70' Council Meeting agenda. Following discussion, Council set another budget work session for June 1, 2011 at 5:30 p,m. Mayor Grose commented that he would like to see Town departments consolidate to a point where they use the same resources in order to save money, Mr, La,vTence and Mr. Thompson discussed revenue projections for the 2012 budget. They also touched on debt service and the cash reserve, The work session adjourned at 9:30 p.m. Darleen R. Bailey, Town Clerk 7 Bradley E. Grose, Mayor TO: Christopher S. Lawrence FROM: Barry W. Thompson, Treasurer DATE: June 16, 2011 SUBJECT: Certificate of Achievement for Excellence in Financial Reporting ISSUE/PURPOSE: Town of Vinton has been notified that its comprehensive annual financial report (CAFR) for the fiscal year ended June 30, 2010, qualifies for a Certificate of Achievement for Excellence in Financial Reporting. This is the I 31h consecutive year that the Town has received the Certificate of Achievement for Excellence in Financial Reporting, The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a constructive "spirit of full disclosure' to clearly communicate the Town's financial story and motivate potential users and user groups to read the CAFR. ACTION REQUESTED: Presentation of the Certificate of Achievement for Excellence in Financial Reporting to the Town of Vinton by Government Finance Officers Association of the United States and Canada (GFOA) — Barry W. Thompson, Treasurer, Town of Vinton Recognition of Treasurer/Staff and Department — Barry W. Thompson, Treasurer Award of Financial Reporting Achievement has awarded Mr. Barry W. Thompson 'Treasurer/Finance Director as the primary person designated by the W Town of Vinton as primarily responsible for preparing the award -winning CAFR. -- Presentation by Bradley E. Grose, Mayor JUSTIFICATION/: SUMMARY: Same as above. DATE ACTION NEEDED: June 21, 2011 UEMNKUMY� Vinton Police Department 311 SOUTH POLLARD STREET VINTON, VIRGINIA 24179 A State Accredited Agency Re: Officer of the Month Congratulations! You have been nominated and selected as Officer of the Month for the month of May 2011. In response to many calls for police service received from the residents of A Porter's Haven, a residential community located on Wyndham Dr., you met with the management at that complex to talk about issues in the area. After obtaining concerns of management and identifying key people in the neighborhood, you met with a group of residents and formed a problem solving group to work on the issues identified. You have also attended many meetings over the last few months, some of them on your days off, to maintain open communication with the citizens and the police department. I have heard positive comments about the program and congratulate you on your self - initiated, proactive crime prevention efforts. Keep up the good work! Herbert G. Cooley Chief of Police CC: Chris Lawrence, Town Manager Stephanie Dearing, HR Director Darleen Bailey, Town Clerk Mayor and Council AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, JUNE 21, 2011, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. AN ORDINANCE approving the conveyance of certain real property being a portion of Bowman Street located between Madison and Washington Avenues in the Town of Vinton. WHEREAS, the Town of Vinton, pursuant to Ordinance No. 900, recently vacated the public right-of-way known as Bowman Street between Madison and Washington Avenues, as more specifically described in the Special Warranty Deed attached hereto as Exhibit A ("Property"); and WHEREAS, the Town desires to convey said Property to the adjoining property owner, Bob Woods Union 76, Inc., subject to the rights of the owners of any public utility installations located therein, and WHEREAS, the Town Council held a public hearing on June 21, 2011, for public comment on the proposed conveyance of the Property; NOW THEREFORE, BE IT HEREBY ORDAINED by the Council of the Town of Vinton, Virginia, that: I . The Town Manager and the Town Clerk are hereby authorized, for an on behalf of the Town, to execute and attest, respectively, the necessary documents, including a special warranty deed, conveying the Property described herein. All documents necessary to accomplish this acceptance shall be in form approved by the Town Attorney. Phis ordinance shall take effect immediately upon passage, This Ordinance adopted oil motion made by Council Member by Council Member , with the following votes recorded: NAYS: Bradley E. Grose, Mayor Darleen R. Bailey, Town Clerk and seconded Prepared by: Theresa J. Fontana, Esq. GUYNN, MEMMER & DILLON, P.C. 415 s, COLLEGE Avenue Salem, Virginia-24153 Exempt from Grantor's taxes imposed by § 58.1-802 of the Code of Virgittio, (1950), as amended, pursuant to § 58.1-81 LCA of the Code of Virginia, (1950), as amended. THIS DEED is made and entered into this _ day of June, 2011, by and between the TOWN OF VINTON, VIRGINIA, as Grantor, and BOB WOODS UNION 76, INC., as Grantee whose address is 418 Washington Avenue, Vinton, Virginia 24179. WHEREAS, on May 18, 2011, the Town Council of the Town of Vinton, Virginia held a public hearing and passed Ordinance No. 900 which permanently vacated, discontinued, and closed a certain public right-of-way known as Bowman Street located in the Town of Vinton between Madison and Washington Avenues, as more particularly described hereinafter; and WHEREAS, said right-of-way was vacated subject to the rights of the owners of any, public utility installations which were previously installed therein, including a water line owned by the Town of Vinton; and WHEREAS, Grantee is the owner of property adjacent to the vacated Bowman Street right-of-way; and WHEREAS the Town of Vinton wishes to convey the vacated Bowman Street right-of- way to Grantee subject to the public utility easements including a 20 foot easement located directly over the Town of Vinton waterline; NOW THEREFORE, that for good and valuable consideration, the receipt of which is hereby acknowledged, Grantor does hereby grant and convey, with Special Warranty, unto the Grantee, the following described property located in the Town of Vinton, Virginia, to wit: Beginning at an iron pin found on the North right-of-way line of Washington Avenue and the West right-of-way of Bowman Street. Thence leaving the North right-of-way of Washington Avenue and with the West right-of-way of Bowman Street (36' wide) N 27' 21'00" W, 107.33' to a point on the South right-of-way line of Madison Avenue. Thence with the South right-ot-way line of Madison Avenue S 41'19'37" E, 38.65' to a point at the intersection of the South right-of-way of Madison Avenue and the East right-of-way line of Bowman Street, Thence leaving the South right-of-way of Madison Avenue and with the East right-of-way line of N Bowman Street; S 27'2 P00" W, 86.9 V to a point on the North right-of-way line of Washington Avenue. Thence with the North right-of-way line of Washington Avenue N 72'41 ' I 0"W, 36,56' to the point and place of beginning containing 0.0803 acres and as more particularly shown on plat recorded in the Clerks of the Circuit Court of Roanoke County, Virginia in Deed Book 1278, page 1660. Said property being in the 'Down of Vinton, Virginia. ("Property"). This conveyance is made without conducting a title search and subject to casements, conditions, and restrictions of record insofar as they may lawfully affect the Property. TH11RE IS ALSO EXCEPTED AND RESERVED to the Grantor and any utility company or public authority, including specifically, without limitation, providers to the public of cable television, electricity, natural gas, or telephone service, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains, or utilities, to include the right to remove, without the payment of compensation or damages of any kind to the Grantee, any landscaping, fences, shrubbery, structure, or any other encroachment, on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements shall terminate upon the later of abandonment of use or permanent removal from the above -described Property of any such municipal installation or other utility or facility by the owner thereof. WITNESS the following signatures and seal: (SEAL) Chris Lawrence, Town Manager ATTEST: Darleen R. Bailey,Town Clerk COMMONWEALTH OF VIRGINIA ) to -wit: COUNTY OF ROANOKE The floregoing instrument was acknowledged before me, a Notary Public in and for the Commonwealth of Virginia at -large, this _ day of , 2011, by Chris Lawrence, Town Manager, and Darleen R. Bailey, Town Clerk, of the Town of Vinton, a Virginia municipal corporation, on behalf of the corporation. My Commission Expires: N Notary Public M 01111 �� At the Work Session of Vinton Town Council, in Executive Session, Council was advised of a need for the Town of Vinton to close Bowman Street, adjoining Bob Wood's property to permit the Highway Department to realign Bowman Street at a right angle with Washington Avenue across from Church Street. Please be advis— ed that the consensus of Council was that once the highway had been completed and the corrected roadway shown, the Town would then go back in and have the hearing to close the section of Bowman which would adjoin the Wood's property. Council explained that their concern was if they opened this matter up to a public hearing before the Highway Department plans had been approved and con- struction started, we could end up into being forced into leaving this street (Bowman Street) open and complicating the intersection problem. Council did feel their intent would be to close this street, but they did not want to create a public issue until the Highway Department had carried out their construction plans and then the Town could close this street and use the practicality of it no longer being needed because an improved intersection would exist. 14 �4�4, DATE OWN m F. ON wt V"VfMm ys" ft= lv4 SVJAIRE YZET CLAIMED BY ROBERT C. ca no MA ewla tau=lull T IWA SORMAV STP—EET, 36' -11/4. 'TO CLOSED WE= ::TATE PROJECT NO. UOOO-149-105, PE-101. RN-201, C-501 As SHOWN 014 -SHEET 5 ODK ?UNS IS COMPLETED. Pf" I THIS KAT in =W=T To IhTCRWTION VNICH 14AY &Z 018=92D GY A TZTIX AZ.-PTRACT By AN ATTOWW. P�� 4 N m AT A REGULAR MEETING OF ']'HE VINTON TOWN COUNCIL HELD ON TUESDAY, MAY 18, 2010, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the Town of Vinton, Virginia, as more particularly described hereinafter. WHEREAS, the Town of Vinton requests the Council the Town of Vinton, Virginia to permanently vacate, discontinue and close the public right-of-way described hereinafter, WHEREAS, on April 13, 2010, a notification letter was mailed by the Town Planning and Zoning Department to American Electric Power (AEP), Cox Communications, Roanoke Gas Company, and Verizon, requesting to know if said utility companies are utilizing the said public rivht-of-wav-, WHEREAS, on April 26, 2010, a notification letter was mailed by the Town ot'Vinton to the adjoining property owners of said public right-of-way; WHEREAS, a public hearing was held on such application by the Council on May 18, 2010, after due and timely notice thereof as required by Virginia Code § 15,2-2006, as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application-- WHER-EAS, it appearing from the foregoing that the land owners affected by the requested closing of the subject public right-of-way have been properly notified; WHEREAS, the vacation is subjet to the rights of the owners of any public utility installations which have been previously erected therein including a water line owned by the , I , own of Vinton such that a water line easement twenty (20) feet in width be placed directly over the water line, so that the water line is in the center of such easement; and WHEREAS, from all of the foregoing.. the Council considers that no inconvenience will result to any individual or to the public from pennanently vacating, discontinuing and closing Such public right-of-way, THEREFORE, BE IT ORDAINED by the Council of the Town of Vinton, Virginia, that the public right-of-way Situate in the Town of Vinton. Virginia, and more particularly described as follows: A portion of the Bowman Street right-of-way in Vinton approximately thirty-six (36) feet wide by approximately one hundred seven (107) feet long on the northwest side and approximately eighty-seven (87) feet on the northeast side, of record. Vinyard Survey., Deed Book 1278, Page 1660. be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the Town of Vinton is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the Town of Vinton and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in Or across such public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken-- such easement or easements to terminate upon the later abandonment of use or permanent removal from the above -described public right-of-way of' any such municipal installation or other utility or facility by the owner thereof. BE 11' FURTHER ORDAINED that the Clerk of the Town Council shall cause certified copy of this Ordinance to be recorded in the deed books after the expiration of six (60) days from the date hereof, unless appealed to the Circuit Court for Roanoke Count Virginia and thereafter if this Ordinance is affirmed by said Court, in the Clerk's Of�rce of t Circuit Court of the County of Roanoke, Virginia, arid indexed appropriately in the Grantor's a Grantee's I Index. This ordinance shall be in full force and effect upon passage. This ordinance adopted on motion made by Council Member Nance, and seconded by Council Member Hare, with the following votes recorded: AYES Altice, Fidler, Hare, Nance and Mayor Grose AFTEST� L. Darleen R, Bailey Clerk ofCoumcil W DARLEEN R. BAILEY Notary Public Cornmonwealth of Virginia Reg- #7030877 _mY Commission Exps. June 30,2014_ B " adl y E. rose, Me-,:k Town of Vinton State of I/ ount", of On _Mcl V L/ I ceiiify that the precedingtiocurncm is a trLie. e.,�act. corriplete and Unaltered photocopy in.1de by YYA Notary Public ORDINANCE NO. 915 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, JUNE 21, 2011, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. AN ORDINANCE approving the conveyance of a certain non-exclusive access easement ('*Easement Premises") as set forth in the Deed of Easement attached hereto as Exhibit A and located on property owned by the Town of Vinton, Virginia, said property more specifically described as Well Tract 16 of Map #4 Lindenwood, Plat Book 3, Page 191, Vinton Magisterial District, Roanoke County, Virginia ("Town Property"): and WHEREAS, Eula B. Ayres, has requested access to the Easement Premises along an existing driveway located on Town Property in order to access her property located at 605 Maplewood Drive; and WHEREAS, the Town wishes to provide access to the Easement Premises pursuant to the Terms, Conditions, and Provisions of the Deed of Easement set forth in Exhibit A; and WHEREAS, the Town Council held a public hearing on Tuesday, June 21, 2011, for public comment on the proposed non-exclusive access easement; NOW THEREFORE, BE IT HEREBY ORDAINED by the Council of the Town of Clinton, Virginia, that: 1. The Town Manager and the Town Clerk are hereby authorized, for an on behalf' of the Town, to execute and attest, respectively, the necessary documents, including a deed of easement, conveying the non-exclusive easement. 2. All documents necessary to accomplish this acceptance shall be in form approved by the Town Attorney, l­'his ordinance shall take effect immediately upon passage. This Ordinance adopted on motion made by Council Member and seconded by Council Member , with the following votes recorded: MrAwl APPROVED: Bradley E. Grose, Mayor ATTEST. Darleen R. Bailey, Town Clerk Prepared by: Theresa J. Fontana GUYNN, MEMMER & DILLON, P.C. 415 S. College Ave, Salem, Virginia 24153 P.O. Box 20788 Roanoke, Virginia 24018 Tax Map No. 061.15-03-73.00-0000 THIS CONVEYANCE IS EXEMPT FROM THE GRANTOR'S TAX IMPOSED BY SECTION 58.1-802 PURSUANT TO SECTION 58.1-811(C)(4) OF THE CODE OF VIRGINIA AS AMENDED. TIJIS DEED OF EASEMENT is made this _ day of June, 2011, by and between THE TOWN OF VINTON, VIRGINIA, a Virginia municipal corporation, the GRANTOR, and, EULA B. AYRES, the GRANTEE, whose address is: 605 Maplewood Drive, Vinton, VA 24179. WITNESSETH: WHI--.'RF,.AS, the Grantor is the owner of property identified as 'Fax Map No. 061.15-03- 73,00-0000, Vinton, Virginia 24179, hereinafter referred to as the "Town Property," and more fully described as Well Tract 16 of Map #4 Lindenwood, Plat book 3, Page 191, Vinton Magisterial District, Roanoke County, Virginia, `fax Map # 061.15-03-73.00-0000; and WHEREAS, Grantee has requested access to the Town Property in order to access Grantee's property located at 605 Maplewood Drive, Vinton, Virginia 24179, hereinafter referred to as "Grantee's Property," and more fully described as Lot 15, Block 7 of Map 44, Lindenwood, Plat Book 3, Page 191, Vinton Magisterial District, Roanoke County, Virginia 'Fax Map # 61.15-03-72.00-0000; and WHEREAS, the Grantor wishes to provide Grantee access to the Town Property for the limited purpose as set forth herein, NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, Grantor does hereby grant and convey unto Grantee a non-exclusive access easement as shown on the map entitled "Physical Improvement Survey for Eula B, Ayres, Lot 15, Block 7, Map No. 4, Lindenwood" showing a 10 foot easement consisting of a concrete driveway along the common boundary line of the Town Property and Grantee's Property, dated May 5, 2011, and prepared by Clark Surveying, which map is attached hereto and incorporated herein as said Exhibit A. TERMS, CONDITIONS, AND PROVISIONS I Use, Grantee may utilize and occupy the Town Property for the sole purpose of accessing Grantee's Property by way of an existing driveway located on the Town Property as depicted in Exhibit C. 2. Town's Rights. Grantee acknowledges that this non-exclusive access easement is being granted solely to allow Grantee to access Grantee's Property by way of an existing driveway over the Town Property and that Grantor is the owner of the Town Property described herein. Grantee acknowledges that its right to use the Town Property is limited to access only and that Grantee's use of the Town Property shall always be subordinate to Grantor's rights in the Town Property. Grantor reserves the right to use and enter upon the Town Property for Grantor's purposes at any time at its discretion. Grantee agrees that Grantor shall not be liable for any damage to personal property of Grantee or its guests located on Town Property nor shall Grantor be responsible for any damage to the driveway located on Town Property under any circumstances. 3. Restrictions on Use. Grantee shall not use the Property in any manner which, in the sole opinion and discretion of Grantor, will or may interfere with the Town's facilities, use of its property, or may cause a hazardous condition to exist. Grantee shall not cause or permit any waste, damage, or alteration of the Property without the written permission of Grantor. Other than routine maintenance of the current driveway to Grantee's property, Grantee shall not enlarge the driveway located on Town Property, or install any type of building, structure, fence, gate, shelter, attachment, or other improvement without the prior written permission of Grantor. 4. Grantor's Right to Cure. Grantor may, at its sole discretion, remove or cause to be removed by it or its contractors, agents, or vendors, all objects, materials, debris, or structures that create or may create a hazardous condition on the Town Property or may interfere with Grantor's use thereof. All costs expended by Town pursuant to this paragraph are and shall be the sole obligation of Grantee and shall be reimbursed to Grantor immediately upon demand. N 5. Maintenance, Grantee acknowledges that Grantor currently provides minimal maintenance of the Property. In no event shall Grantor be responsible or liable to Grantee or any third party for Grantee's inability to access the Town or Grantee's Property due to maintenance issues. In the event Grantee determines additional maintenance of the Town Property is needed for its use, Grantee shall provide a written request to Grantor for same, If Grantor agrees to provide the additional maintenance of the Town Property, Grantee shall reimburse Grantor for 100% of the cost of the additional maintenance. Grantee shall be solely responsible for the maintenance of Grantee's driveway. 6. Notices. Any notices or communications required or permitted to be given pursuant to the terms of this easement shall be in writing and may be delivered to, or sent by prepaid registered or certified mail addressed to: In the case of a notice or communication to the Town: Christopher S. Lawrence, Town Manager 311 South Pollard Street Vinton, VA 24179 In the case of a notice or communication to Grantee: Name, Title Address or to such other address as either party may notify the other in accordance with this section, and if so delivered shall be deemed to have been given when delivered, and if so mailed shall be deemed to have been given on the fifth business day after the date of mailing. 7. Comnliance with Laws. Grantee agrees, at its sole cost and expense, to comply with all laws, rules. regulations, and all orders of all governmental and/or quasi -governmental aLithority(ies) having jurisdiction over the Town Property, 8, Indemnity. Grantee shall exercise its privileges hereunder at its own sole risk and agrees to indemnify and save harmless Town, its elected officials, officers, directors, agents, and employees from all liability, loss, cost, and expense, including attorneys' fees, which may be sustained by Grantor by reason of the death or injury to any person or damage to any property, arising out of or in connection with the use of the Town Property by Grantee, its employees, contractors, agents, invitees, or emergency personnel, Further, Grantee agrees to defend, at its sole cost and expense, and at no cost or expense to Grantor, any and all suits or actions instituted against 'Town for the imposition of such liability, loss, costs, and expense, 9. Insurance. Grantee shall maintain at its sole cost and expense, liability insurance coverage with minimum limits of $2,000,000, for bodily injury or death of person(s) and $500,000 for property damage arising out of a single occurrence. Said coverage shall be endorsed to insure against obligations assumed by the Grantee in the indemnity herein. A certificate of insurance naming the Town of Vinton as both an additional insured and as a certificate holder shall be furnished to Grantor evidencing that said coverage is in force and will not be cancelled or materially changed without notice to and written permission of Grantor. Grantee shall furnish a copy of the certificate of insurance upon or prior to the execution of this Agreement. 10, Imzress & Egress. Grantor makes no warranties or representations concerning the Town Property or any means of ingress thereto or egress therefrom. 11, Applicable Law & Venue, These terms and conditions are governed and interpreted pursuant to the laws of the Commonwealth of Virginia. All legal matters arising out of, or in connection with this easement, shall be subject to a court of competent jurisdiction within Roanoke County, Virginia. If any part(s) of the terms, conditions, and/or provisions of this easement is/are unlawful, void, or unenforceable, that part(s) will be deemed severable and will not impair of affect the validity and enforceability of any of the remaining terms, conditions, and/or provisions. IN WITNESS WHEREOF, the parties hereto have caused this Deed of Easement to be executed on the day and year first above written, [SIGNATURE PAGE FOLLOWS ON NEXT PAGE] .9 M COMMONWEALTH OF VIRGINIA Its Town Manager to -wit: of The foregoing instrument was acknowledged before me, a Notary Public in and for the Commonwealth of Virginia at -large, this _ day of , 2011, by Christopher S. Lawrence, Town Manager of and on behalf of the Town of Vinton, Virginia. My Commission Expires: By: Its COMMONWEALTH OF VIRGINIA Notary Public to -wit: of The foregoing instrument was acknowledged before me, a Notary Public in and for the Commonwealth of Virginia at -large, this day of 2011, by of and on behalf of My Commission Expires: Notary Public R POLE LEGEND 0 IRON PIN FOUND 0 IRON PIN SET @ PLATTED POINTS PLATTED CALLS UTILITY LINE FENCE 03 WATER METER HORIZ DIST RADIUS E 111.80' 122.007' f. I ARC DELTA L� 116,14' 54"32'30' �-d S6,9-50, A01 m LOT 15 BLOCK 7 #.708 ACR ONE STORY (V BRICK 2 RESIDENCE .01 CARPORT 0% #605 WELL CONCRETE LOT DRIVEWAY PORTABLE TOWN OF VINTON6 TRACT 1 SHED v /\ 10,0, PK SET ASPHALT RIVEWAY 0 LOT 17 SECTION 5 Scale 1 "--4( DATE MAY 5, 2011 PHYSICAL IMPROVEMENT SURVEY FOR DISK 200 ,HULA B. AYRES TOT 15. BLOCK 7, AMP NO.4, L.,,rATDENWOO.n nm JAZ m Al V WAhO �77�/d ",do 7 A//Or�y -)I*e 415 �d,4 er 'cashcrJl be erect rua�n. (07hemi rx ow, �( #6 avnm-v 0, ies 2TW A gn ry I sy�W*Aoon won, CURVE DA , pzmli -- �A - M�iA` - 12 ♦irr rule hill II1�11 —11--l''.1-1.1111"I'll, 4 ORDINANCE NO. 916 WHEREAS, the Town Charter requires that a budget be adopted by July I" for the new fiscal year, and, WHEREAS, the Council has reviewed the proposed budget and is of the opinion that the Town government can operate for the twelve month period beginning July 1, 2011 to June 30, 2012, with the revenues and expenditures contained in the attached budget; and, WHEREAS, any ftmds appropriated in this budget to any Town department may be used as participating funds in any Federal Aid Programs for like purposes, with the prior approval of the Town Council. NOW, THEREFORE, be it ordained by the Council of the Town of Vinton, Virginia, that the budget for the fiscal year beginning July 1, 2011 and ending June 30, 2012 be set forth herein. Fund Revenue and Expenses General Fund Utility Fund Capital Improvement Fund Adopted Budvet BE IT FURTHER ORDAINED that this ordinance provides for the daily operation of the department of law and the department of finance, and in an emergency, NOW THEREFORE, BE IT ORDAINED that this Ordinance takes effect July 1, 2011. This Ordinance adopted on motion made by Councilperson, and seconded by Councilperson. omm F.111=11101MM Bradley E. Grose, Mayor ATTEST: Darleen R. Bailey, Town Clerk Revenues Total All Funds General Fund $ 7.308,452 Utility Fund 8.081'848 Capital Improvements Fund - Total Revenues $ 18'478,301 Town Cou $ 102.873 Town Manager's Offiom 141.881 Human Resources 74'510 Finance Department 259.735 Police Department 1'844.885 Communications Services 408.980 Emergency Services 5,000 Police Grants 25.768 Fire &EMS 894.428 Animal Control 91,805 Town Garage 108'821 Street Maintenance 1.021.801 Snow and Ice Removal 30.048 Traffic Signs and Street Lighting 130.605 Street and Road Cleaning 60.764 Refuse Collection 470.515 Recycling 62,810 Municipal Building &Grounds 154.890 Special Programs 128.890 War Memorial 262.870 SvvinnnniDgPomVPa[ka 84.636 Senior Citizens Program 89.861 Planning Department 248'285 Economic Development 126.113 Public Transportation 88.000 Vinton Business Center 9.850 DetdSorv|oe-Genera|Fund 454.359 Contingency - Transfens-C|PFund - Total General Fund 7'388'452 Utilities Administration $ 515,177 Water Distribution System 929.183 Purchased Water 140.625 Wastewater Collection System 834.050 Debt Service - Utility Fund 862.814 Contingency - Tnanmfens-C|PFund - Total Utility Fund $ 3.081,849 Capital Improvement Fund: General Fund Transfer O Utility Fund Transfer O Total Capital Improvement Fund $ ' Combined Total Expenditures $ 10,478,301 ACTION NO. Reso. 1926 ITEM NO. 1. - 2 DATE: June 16, 2011 SUBJECT: Proposed amendments to Vinton Business Center Covenants and Restrictions ISSUE/PURPOSE: Authorizing the Town Manager to execute such documents as may be necessary to approve and ratify the proposed covenants, conditions and Master plan changes to the Vinton Business Center Planned Te3chnology Development (PTD). SUMMARY: The Town of Vinton, Cardinal IG Company, and Roanoke County Board of Supervisions submitted a petition to the Roanoke County Planning Commission to amend the covenants, conditions, and Master Plan on 99 acres zoned PTD, Planned Technology Development, District at the Vinton Business Center, located near the 2100 through 2400 block of Hardy Road and the 2100 block of Cardinal Park Drive, Vinton Magisterial District. The aforementioned was approved on June 7, 2011 by the Roanoke County Planning Commission. The proposed resolution approves and ratifies the proposed amendments and authorizes the Town Manager to execute such documents as may be necessary to approve and ratify the proposed covenants, conditions and Master plan changes to the Vinton Business Center Planned Te3chnology Development (PTD). RESOLUTION NO. 1926 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD AT 7:010' PM ON TUESDAY, JUNE 21, 2011 IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, the Town of Vinton and Roanoke County have embarked upon the joint development of the Vinton Business Center, and WHEREAS, the Vinton Business Center has one tenant, Cardinal Glass, and five vacant parcels for development, and WHEREAS, the Town and Roanoke County Economic Development staff both concur that changes to the Covenants and Restrictions need to be changed to accurately reflect the current recruitment of industry to the Center, and WHEREAS, proposed Covenants and Restrictions were drafted by staff, presented to the Vinton Town Council, affected citizens and the Roanoke County Planning Commission through a rezoning process-, and WHEREAS, there were no substantial objections to the proposed Covenants and Restrictions, and the same were approved by the Roanoke County Planning Commission. NOW, THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby approve these amendments and authorizes the Town Manager to execute any such documents or to take such actions as may be necessary to ratify and approve the covenants. Motion made by Councilman seconded by Councilman with the following votes recorded. =W01 NAYS: Bradley E. Grose, Mayor ATTE�ST: Darleen Bailey, Town Clerk record applicable documents and revisions associated with these Development Guidelines and Protective Covenants with the Roanoke County Clerk of the Circuit Court. Invalidation • any • the provisions of these guidelines and covenants shall in no way affect any of the other provisions, • parts thereof, which shall remain in full force and effect. 1. Permitted Uses: Properties within the Center shall be used only for th,-. following purposes. Land uses not listed are prohibited. (a) General manufacturing, processing or assembly operations where processes, fabrication and products are environmentally clean and efficient, (b) Commercial, office or industrial flex space (office/warehouse combination). (q) Science, research and technology businesses, services, or laboratories where processes are environmentally clean and efficient. (e) Accessory uses associated with a principal permitted use in accordance with any established County standards. Whe-iv it is unclear whether or not a particular use of the Center is permitted, the localities shall decide whether or not such use is permitted, and its decision shall be final and binding upon all persons. The use and development of all properties in the Center shall be accordance with the standards set forth in Article III of these Developme Guidelines and Protective Covena%ts. A. 1morovements. In General No construction, exterior alterations, additions, or renderings to any existing improvement may be initiated without submission of plans for said improvement's to the localities. Interior alterations which do not change exterior appearances are Q The Roanoke County Zoning Ordinance, as amended and other applicable regulations shall be met for any development or improvement in the Center. In addition, the following development and design standards shall apply. I L Green DeveloDment Encouraged: Site development and i• buildings shall consider and incorporate green development options and sustainable development where possible. Development is encouraged that is consistent • the U. S. Green Building Council's LEED (Leadership in Energy and Environmental Design) standards. 2. Access Points: Site access points shall be kept to a minimum and consolidated. New driveway entrances shall be coordinated with existing entrances and adjacent uses for safe traffic circulation. 3. Streets: All streets and roadways constructed within the Center are dedicated to public use, and shall not be private streets, and as such, are dedicated to all owners and lessees of lots in the Center for the reasonable us� and enjoyment of their properties, including the free use thereof f�i- the installation, maintenance, and operation of �ubhc utilities. 0;Q'rs of tracts may construct interior private roadways, that connect to public streets upon approval of a site plan by Roanoke County. J. Siting and Location: Buildings shall be located on the site such that the development establishes an attractive and functional arrangement of buildings and parking and enhances the natural and man-made features of the Center. Buildings shall be sited on the property to relate to primary street(s) in the Center. Building setbacks shall be consistent with established zoning regulations and shall consider relationships to buildings on adjacent properties, particularly as it may affect views and street appearances. 2. Height: Building height shall be as set forth by the Roanoke County Zoning Ordinance, as amended- Proposed building heights shall consider relationships to adjacent building heights, natural features and scenic vistas. Variable building heights are encouraged. 61 Where required, roof mounted equipment and vents shall be located in an inconspicuous location and shall be reasonably screened from public street views by painted panels, opaque screens, or other effective methods. All exterior equipment shall be designed to minimize noise and shall include appropriate insulation materials or technologies to control outside noise. Exposed features such as gutters, downspouts, vents, towers, etc. shall be designed to match the color of surfaces to which they are attached. If any building or other improvement in the Center is damaged or destroyed by fire, storm, explosives, or otherwise, then all debris resulting from the damage or destruction shall be cleaned and removed within thirty (30) days of the damage or destruction. If any building or other improvement is to be reconstructed, such construction shall begin within six (6) months of the date of the damage or destruction, or the land shall be graded and restored to substantially the condition, which existed prior to initial construction. Parking for employees shall be located in areas that are removed from the primary public street entrance. Parking for visitors shall be located in close proximity to the main building entrance and shall be setback from the public street so as to not interfere with or detract from the primary street views of the building. All parking areas shall be landscaped both internally and externally to enhance the architecture of the building, the site, and the Center. Loading areas and docks shall be located in areas not visible from public streets and shall be appropriately screened and landscaped. D. Utilities All utilities shall be located underground, unless the type of service necessary for normal activities of the industry or business shall prohibit underground installation. All development shall be served by public water and public sewer systems. Low -impact design (L.I.D) methods of managing storm water shall be considered in designing the development. All storm water management areas shall be landscaped appropriately and maintained. Management areas and drainage 0 3. Trash Enclosures: Areas for trash collection shall be accessible for service. All trash areas shall be fully enclosed and screened from view by opaque fencing and supplemental landscaping. Enclosures must be architecturally consistent and compatible with the design of the primary building, MMMK#�� No materials, supplies or equipment shall be stored on property except inside a building or behind a visual barrier which screens the stored matter from view from streets and adjoining sites. Property and building designs shall include appropriate trees, shrubs, open gras�.� areas, and flowers to enhance development and the Center, Properties shall )ie developed in accordance with the screening and landscaping provisions of the Roanoke County Zoning Ordinance, as amended. Trees are encouraged along street frontages, in parking areas and adjacent to buildings to complement the building scale. Landscaping shall be used to define entrances to buildings and parking areas, as well as screen accessory structures, loading areas and outdoor equipment areas. Planting islands should exhibit a well -maintained, finished appearance. .ins No more than two primary signs per business may be erected on a property. One sign may be attached to the face of the primary building and one may be erected as a ground monument sign. The sign shall be designed to be integrated and coordinated with the building to complement the building design in scale, color and materials. The building sign shall not exceed 150 square feet in size or ten percent of the front fagade, whichever is less. The ground monument sign shall not exceed 60 square feet in size and shall not exceed ten (10) feet in height. Ground monument signs may have two faces. Ground monument signs shall be setback a minimum of 25 feet from the fi-ont property line. Signs shall not include any motion devices or changing text. Roof signs and portable signs are not permitted. Directional signs shall be located as necessary to direct visitors, customers and employees to designated parking or loading areas. Directional signs shall be 3 square feet or less in size, Temporary signs for the purposes of construction activity or the sale of real estate shall be as permitted by the Roanoke County Zoning Ordinance, as amended. No other temporary signs are permitted. 11.* Vinton Business Center V r --77-7TOW Owners / Developers n �fn on ��_��o nolVinlonlloonole 7oun 7TWD Zoning PTD Permitted Uses Manufacturing, processing or 0 General manufacturing, processing or assembly operations assembly operations Commercial / Industrial Flex Space 0 Commercial/ Office/ industrial Flex Research / Experimental Laboratory Space Commercial / Office uses incidental to 0 Science, research and technology any of the foregoing businesses, services or laboratories Retirement housing 0 Business services incidental to any of Life care facility the foregoing Educational facilities, ® Accessory uses associated with the college/university principal permitted use 0 Institutional and civic uses Prohibited Uses 0 List of prohibited uses (20 o Uses not listed are prohibited Building Materials 0 Tilt -up concrete a Brick, stone, architectural masonry or 0 Concrete panel construction glass ® Brick and architectural block * Two or more colors encouraged to 0 Metal, if approved by Town highlight architectural details 0 Residential character — brick, stone, a Expansive walls discouraged wood, vinyl or aluminum siding a Roofs — Integral part of design; non- e Earth —tone colors; matte gray or flat reflective materials, encourage brown preferred - Parkway "green" technologies into design Building Height 0 Range of 25 feet to 60 feet 0 Per Roanoke County Zoning Ordinance Building Expansion — (45 feet abutting residential property) a meet or exceed quality of initial a Meet or exceed quality of initial structure structure 1 Desloned Ry RPK = Oat* 4/8/to Mattern & Craia. Inc- VI TON BUSINESS CENTER - A001 MASTER PLAN ra WMR. "w" E�v Rpx $cola 1*-M' r TOWN OF VINTON, VIRGINIA Chowked By 9CC = Comm No, 1955EX Sheet No2 TO: Town Council FROM: Christopher S. Lawrence., Town Manager DATE: June 17,2011 SUBJECT: Consideration of Agreement Between the Town of Vinton and Roanoke County for Purchase of Property at 304 South Pollard Street for Future Roanoke County Vinton Branch Library ISSUE/PURPOSE: The Downtown Master Plan and Comprehensive Plan identify the Dunman Floral property as a strategic property in downtown Vinton. This property encompasses the entire 300 block on the east side of South Pollard and is situated to serve as a primary entrance into downtown. Over the past 8-12 months, there have been meetings and conversations related to the future of this property due to the property going up for sale. Town and County leaders began discussions of possibly purchasing the property for a location to develop a new Vinton Branch Library. Roanoke County and the Town of Vinton have discussed the important and significant value a library would bring to downtown Vinton. Through an investment of $8-10 million to construct a new library of approximately 18,000 square feet, which is estimated to generate 250,000 trips per year to the library, and improve the confidence in the private sector to invest in downtown, Town Council and the Board ot'Supervisors decided to move forward on negotiations to purchase the property. Roanoke County has led the negotiation to purchase the property from Mr. and Mrs. Dunman and Mr. Peters. The 'town of Vinton and Roanoke County have also developed a partnership agreement where the town would share in the cost of purchasing the property. The purchase agreement establishes the purchase price at $1.25 million. The town would be responsible for 1/2 of this purchase price, or $625,000. The development of the library and all costs to maintain and develop the property would be the responsibility of Roanoke County. This partnership was established to secure the library location in downtown Vinton recognizing the higher cost of property in downtown. Other locations for the library were evaluated and also came with a lesser property cost. So, to justify the higher expense, and to see a greater return on our investment of public money, the downtown location was agreed upon with the Town partnering to pay down the cost of the property. Attached is a draft agreement between the Town of Vinton and Roanoke County, The agreement sets forth the terms and conditions of the purchase. The important components include payment details spread over a I 0-year period. This includes a $100,000 down payment and payments of $50,000 for the first 5-years, then payments of $55,000 plus interest over years 6-10. These annual payments will be included in the Town's annual General Fund Operating Budget under Economic Development cost center. Roanoke County held a meeting on June 14 1h and approved for first reading the purchase of the property and the agreement between the two localities. The next step is for the Town to approve the agreement on June 21 ". Then on June 28"', Roanoke County is scheduled to have its second reading on the purchase of the property and the agreement between the Town. Once the agreements are approved, the town will need to take separate action to approve the payment of the initial $100,000 down payment. This money is proposed to come from the Town's Fund Balance, ACTION REQUESTED: Approve agreement between Roanoke County and the "Town of Vinton DATE ACTION NEEDED: June 2l,2011 Attachment: Draft Agreement AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, JUNE 21, 2011, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. WHEREAS, the To,,,,,,n of Vinton and the County of Roanoke have discussed the important and significant value a library would bring to downtown Vinton; and WHEREAS, the Downtown Master Plan and Comprehensive Plan identify the Dunman Floral property as a strategic property in downtown Vinton; and WHEREAS, the Town and County propose to enter into an Agreement with regard to acquisition of this property for the construction of a possible future Roanoke County library building, the form of which is attached hereto; and WHEREAS, the Town Council believes it is in the best interest of the Town to enter into the Agreement; NOW THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE I -OWN OF VINTON, VIRGINIA, as follows: 1. The Agreement is hereby approved in a form substantially similar to the Agreement attached hereto; and 2. The Town Manager is hereby authorized, for and on behalf of the Town, to execute and then to deliver the Agreement and any other necessary documents in furtherance of the same-, and 3. The Agreement and any other necessary documents shall be in form approved by the Town Attornev, This resolution shall be effective from and after the date of its adoption. This resolution adopted on motion made by Council Member and seconded by Council Member , with the following votes recorded: AYES: Bradley E. Grose, Mayor ATTEST: Darleen R. Bailey, Town Clerk This AGREEMENT is between the Board of Supervisors of Roanoke County, Virginia (the "County") and the Town Council of the Town of Vinton (the "Town") this _ day of June, 2011. The purpose of this Agreement is to establish the duties and responsibilities of a partnership between the County and the Town with respect to the acquisition of real estate within the Town limits and for the construction of a possible site of a future Roanoke County library building, Iff The construction of a new library in the Vinton or East Roanoke County area has been identified as a priority capital project in the County's Capital Improvement Program. Funding to implement the Capital Improvement Program is subject to appropriations by the Board of Supervisors, and it is not anticipated that such funding would occur before 2018. Vinton's Comprehensive Plan and Downtown Master Plan have created a vision for downtown Vinton. A new library would complement this redevelopment vision, and would support the economic development of the Town's downtown area. The Town's participation in the acquisition of this real estate is based upon an expectation that the County will commit funding to the design and construction of a new library at this location within seven (7) years of the date of this Agreement. 1, -The County is negotiating Contracts to purchase the following parcels of real estate (the "Property") in the Town: A parcel consisting of 0.761 acres, more or less, located at 304 Pollard Street, Vinton, Virginia, and further described as Tax Map Nos. 60.16-8-1 and 2 owned by B. Wayne Dunman and Rebecca J. Dunman. 2. The purchase prices of these two parcels of real estate are $840,000 and $415,000, respectively. The County agrees to pay one-half of these purchase prices; the Town agrees to pay one-half of these purchase prices. Title to the Property shall be solely in the name of the County, The Town shall not hold any ownership interest in the Property. All closing costs and expenses shall be paid by the County. This includes, but is not limited to, appraisals, environmental assessments, attorney's fees, recordation costs, and title insurance. 3. The Town agrees to pay $100,000 to the County upon the County's settlement and closing on the acquisition of this Property. It is anticipated that the settlement and closing will be held on July 28, 2011, The remaining balance of the tTown's share, $527,500, shall be paid to the County in ten (10) annual installments beginning on July 1, 2011, and paid on July 1 of each year thereafter. Each of the first five (5) installments shall be in the amount of $50,000; the remaining five year's installments amounts shall be $55,500, plus interest at the Wall Street Journal Prime Interest Rate (this rate as of May 1, 2011 was 3.25%). 4. Lease payments received by the County from this Property shall not be shared with the Town, nor shall any such payments be used to offset the purchase price. The County intends to use the lease proceeds to maintain the structures on the Property, to pay the costs of demolition, and to establish a capital fund for the construction of a new library building. 5. If the County receives any grant funding or funding from any source other than local tax revenues or lease payments, and this funding is specifically allocated to assist in reducing the financial costs of the acquisition of the Property, then this funding will be shared equally with the Town to reduce its one-half share of the purchase price. 6. -if the County does not complete the construction of a new library on this Property within ten (10) years of the date of this aAgreement,, then the County will refund to the Town its portion of the purchase price of the Property. The County and the Town may extend this date for completion upon mutual written agreement. If the County decides at any time not to construct a library on this Property, to sell the Property, or use the Property for a use other than a new Vinton Branch library, all paid funds will be reimbursed to the Town within 90 days of that decision. 7. The County shall be responsible for insuring the Property against fire and other similar forms of property damage, risks or perils. The Town acknowledges that the County is either (i) constitutionally immune (or partially immune) from suit, judgment or liability, (ii) insured, or (iii) covered by a financial plan of risk management that is in the nature of self-insurance, all as determined by applicable laws, government policies and practices. No provision contained in this Agreement shall be deemed to be a waiver of the sovereign immunity of the Board of Supervisors of Roanoke County, Virginia, from tort or other liability. 8, -The Town will be invited to participate in the project design team for the development of the plans for the construction of the new branch library. The County will make all final decisions of 9. _The Propd any buildings constructed thereon will be maintained according to applicable Town Code and Zoning Ordinance standards and will not be allowed to become blighted or fall into disrepair whether vacant or occupied by the County and/or one or more lesseesduring any per-ied ef time subjea te thi-d pany lease er vaeart-ey, 10, -This Agreement is subject to future appropriations by the Board of Supervisors of Roanoke County and by the Town Council of the Town of Vinton, 11.--This Agreement is executed by the duly authorized County Administrator on behalf of the Board of Supervisors of Roanoke County, pursuant to Action # adopted by said Board on the _ day of June, 2011. 12. This Agreement is executed by the duly authorized Town Manager on behalf of the Town Council of the Town of ViPtonoursuant to Resolution , adopted by said Council on the day of I-2011. 1-23, -This Agreement represents the entire agreement between the parties and may not be modified or changed except by written instrument executed by the parties. This Agreement shall be construed, interpreted, and applied according to the law of the Commonwealth of Virginia, and shall be binding upon and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the parties. 134, This Agreement is executed in duplicate, with each having the effect of an original, one of which shall be provided to each of the parties hereto.