TOWN OF  BEDFORD LIFE. LIBERTA.HAPPINESS. Regular Council Meeting  Temporary Location - Board Room on the' Top Floor of the  Bedford County Administrative Office, 122 East Main Street, Bedford, Virginia  AGENDA  January 9, 2024 Administrative  7:00 p.m.  Approval of Minutes Report of Town Manager Appearance before Council Council Comments Report of Council Committees Revisions to. Agenda  Public Hearings Consent Agenda (roll call) Old Business New Business 1-FIRE-1-1-1-9 2-FIN-2-42-1-9 3-CC-15-1-1-9 4-CC-15-1-1-9  Appointment ofTodd Stone as Fire Chief (roll call)  Authorization tol Place Order for Replacement Ladder Truck (roll call) Acceptance of Conveyance of Edmund Street Park (roll call)  Purchase of Ferguson Tract (roll call)  Closed Session, pursuant to Section 2.2-3711(A)(8) of the Code ofVirginia, 1950, as amended for the purpose of consultation with legal counsel employed or retained bya public body regarding specific legal matters requiring the provision ofl legal advice by such counsel, relating to the outcome of Sadler Bros. Oil Co. V. Commonwealth, recently decided in the Circuit Court of Greensville County, related to: skill games, and related to the ownership status ofproperty near thel Bedford Reservoir outside ofTown! limits.    Closed session, pursuant to Section 2.2-3711(A)(3) of the Code of Virginia, 1950, as amended, for thej purpose of discussion or consideration oft the acquisition ofp property for ap public purpose, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy oft the' Town, related to thel Ferguson tract. Closed session, pursuant to Section 2.23711(A)d)ofthe' Code of Virginia, 1950, as amended, fort the purpose of discussion or consideration of, and evaluation oft the performance ofap public officer or appointee, for the purpose of the Town Manager's  annual review.  Work Session for Zoning' Text and Zoning Map Amendments  begins at 5:30 p.m.  Adjourn this meeting until January 20, 2024, at 9:00 a.m. for aTown Council Retreat at the Bedford Library  Citizens may watch the meeting ini real time via the" Town ofl Bedford Live Stream website: tpsy/woumpecomm/Ptownolbedlord  The Town will strive to provide reasonable accommodations ands services for persons who require special assistance to participate in this public involvement opporlunity. Contact (540) 587-6001, for more information.    TOWN OF BEDFORD, VIRGINIA TOWN COUNCIL ACTION FORM  ITEM: Authorization tol Place Order for Replacement Ladder Truck DATEOF COUNCIL MEETING: January 9.2024  DATE: January4.2024  PRESENTATION:  The Bedford Fire Department has a published replacement schedule for all apparatus on a continuous basis in order to ensure continuity, quality ofservice, and compliance withs standards published by thel Nationall Firel Protection. Association (NFPA). The current laddert truck operated by the department is 17 years old and scheduled for replacement in 2027. This particular piece ofa apparatus has a current lead The current estimated total price ofar new laddertrucki is $2,249,587. There willl be: ani industry pricei increase of 8% that willt takee effect on January 16th, with another increase of6%s scheduled to take effect in. July. This would represent ani increase in cost ofover $200,000 ifv we do not act prior tot those dates. In order to avoid those] projected increases in cost, staffi is requesting that Town Council authorize thel Fire Chiefto execute ap purchase agreement with' Williams Emergency" Vehicle Services tos securet thej productiona and deliveryofthei firet truck by As part ofa an existing agreement, Bedford County will contribute $956,1831 toward the purchase price. Fire ChiefTodd Stone advises that $900,000i in Town savings is available for this purpose. In addition, Seagrave will offera$150,0001 tradei in credit. Payment fort the truck  production time ofapproximately three years. In order to ensure delivery by 2027, we need to act now.  thet replaçement date and at the current price.  will not be due until July 2027. ACTION REQUESTED:  Town Council is requested to authorize the Fire Chiefto execute the purchase agreement with' Williams Emergency Vehicle Services  top purchase a replaçement ladder truck ata a cost of$2,249,587 to be deliverable in. July 2027.  YES NO OTHER  ROUTING  DATE: APPROVED () FOREMAN DENIED DEFERRED1 TO:  BLACK CARSON () HAILEY JOHANNESSEN STANLEY UPDIKE  () C) () TOWNATTY. () I.T. () () () COMM. DEV. () POLICE () () () ELECTRIC () PUBLICSERV. () () () () ENGINEERING () OTHER () () () FINANCE () () () FIRE DEPT. () () () () H.R.  () () ()  () ()    BEDIORD  B  To: Town Manger Bart Warner From: Chief Todd Stone Subject: Ladder1 Bid and Contract Date: 01/02/2023 Time sensitive  The Bedford fire department has finished a yearlong research and writing of a specification for a new ladder truck for the Bedford Fire Department. Our current ladder is 17 years old and we need to replace in 2027 to meet NFPA Standards. There will be an industry price increase on. January 16th around 8% and another increase in July of 2024 of 6%. This will take the truck up another $200,000.00 plus. The town of Bedford are members oft the HGAC and' Would be purchasing the truck from the HGAC Contract. The good newsi is, the town of Bedford has saved $900,000.00 for the purchase of this truck  The County will pay $956,183.00 for the purchase of the truck  Seagrave will give us a $150,000.00 trade int for our old ladder? (Only company that offered at trade in)  Total funding: $2,006,183.00 This leaves us $243,404.00 short  Payment for the truck will not be due till. July of 2027, this leaves us 3.5 years to figure out the funding Iti is my opinion as your fire chief that we sign this contract before. January 16th 2024 to get the price locked in before the price increase. Work with the county for more funding for the truck?  short fall.  Sincerely Todd Stone Chief of Department    EORD  COUNTY OF BEDFORD, VIRGINIA County Administration Building 1221 East Main Street, Suite 203 Bedford, Virginia 24523 Tel-(540)586.7729 FINANCE DEPARTMENT  ASHLEY ANDERSON, MAcc, CPA DIRECTOROFI FINANCE  VIRGINIP  Previously, Bedford County's contribution to the replacement of fire apparatus, RIT, and ladder trucks was set at a flat amount (see below), which has never been adjusted for inflation.  Engines - $266,666 Tankers - $125,000 Brush Trucks $60,000 RITI Rescues $75,000 RITI Ladder Trucks-$75,000  Administrative staff from the Fire & Rescue department and County Administration have worked togetherthroughout the FY23 budget process and beyond to evaluate the current estimated cost of replacement for the above units. Based on these discussions and quotes received from Atlantic Emergency Solutions, staff recommends increasing Bedford County's contribution for FY23 to  the following:  Engines - $326,252 Tankers - $246,440 Brush Trucks - $99,395 RIT Rescues - $404,821 RIT Tiller Ladder- $786,654 RIT Tower Ladder-s $862,324 RIT. Aerial Ladder - $651,240  Contributions in future years will assume a 5% increase in costs. Staffwill obtain updated quotes every third year to ensure that the County contribution does not get too far ahead or behind actual inflation. Funding amounts will then be reset in the year following new quotes. See below for an Unit FY22 FY23 FY24 FY25 FY25 FY26 FY27 FY28 FY28 FY29 FY30 Quote Funding Funding Funding Updated Funding Funding Funding Updated Funding Funding Engine $652,504 $326,252 $342,565 $359,693 $800,000 400,000 $420,000 $441,000 $900,000 $450,000 $472,500  example:  Quote  Quote  50%of 5%inc 5%inc FY22 ofFY23 ofFY24 Quote Funding Funding  50%of 5%i inc 5%i inc FY25 ofFY26 ofFY27 Quote Funding Funding  50%of 5%i inc FY28 ofFY29 Quote Funding  This process for adjusting the County'scontribution will help achieve al balance between providing adequate support for volunteer agencies and being responsible with taxpayer dollars.        WEVS) WILLIAMSE EMEROENCYVEHICLESERVICES  CONTRACT  THIS AGREEMENT (the 'agreement") is made by and between Williams Emergency Vehicle Services, LLC of Staunton, VA, representing Seagrave Fire Apparatus of Clintonville, Wisconsin, hereinafter referred to as the "seller", and Town of Bedford Fire Department by its authorized representatives, hereinafter 1. The Seller hereby agrees to furnish one (1) unit, Seagrave Tractor Drawn Aerial Model TT05CT, hereinafter referred to as "Apparatus and Equipment", according to the mutually agreed specifications and change order documents hereto attached and made a part of this contract (the Specifications and Change 2. The Seller guarantees that all material and workmanship in and about the Apparatus and Equipment shall comply with the Specifications and Change Orders. In the event there is any conflict between the Purchaser's Bid Specifications and the Seller's Bid Proposal, the Specifications and Change Orders will prevail. The standard Seagrave Warranty will apply as provided for in the Specifications and Change Orders. Minor details of materials and construction, not otherwise specified, shall bel left tot the decision of the Seller who shall be solely responsible for the design, engineering and construction of all features of the Apparatus and Equipment. Any changes to the Agreement (including the Specifications and Change Orders) must be approved in advance through the issuance of a written change order by the Seller. The Seller will not assume responsibility for performing any change requested but not approved by the Purchaser within five (5) days of the date the change order was sent to the 3. The unit Seagrave model, TT05CT, shall be ready for delivery from Clintonville, Wisconsin, within One Thousand, Three Hundred (1,300) Calendar Days (the "Delivery Date") after receipt of the Specifications and Change Orders (including all written change orders prepared subsequent to the date hereof) and approval drawing signed by the authorized representative of the Purchaser (the "Approval Drawing"). The Specifications and Change Orders and Approval Drawing shall be delivered to the Purchaser for its signature not more than 31 days from the date of acceptance of this Agreement or not more than five days from pre-construction meeting, if sO provided, whichever is later. Seller shall not be responsible for delays of the Delivery Date due to change orders, strikes, failures to obtain materials, or other causes beyond Seller's control. The completed Apparatus and  referred to as the purchaser",  Orders"), and to deliver the same as hereinafter provided.  Purchaser for approval.    Equipment shall be delivered to the dealer at:  Williams Emergency Vehicle Services, LLC  50 Middlebrook Ave Staunton, VA 24401  4. Acompetent representative shall, upon request, be furnished by the Seller to demonstrate said Apparatus and Equipment for the Purchaser and to familiarize the Purchaser's employees in the operation and handling of the Apparatus and 5. The Purchaser purchases and agrees to pay for said Apparatus and Equipment, the sum of Two Million Two Hundred Forty-Nine Thousand Five Hundred Eighty-Seven Dollars and Zero cents ($2,249,587.00), net of any state, federal, FET,orlocal taxes. Payment of any such taxes are the responsibility of the Purchaser. Terms are net, payment in full upon delivery and acceptance. 5.1. All payments shall be made payable to Williams Emergency Vehicle  Equipment.  Services, LLC and shall be wire transferred directly to:  Williams Emergency Vehicle Services, LLC ABA #0312-07607 PNC Bank, N.A. East Brunswick, N.J. A/C #8026582383  5.2. The Apparatus and Equipment must be paid in full prior to being 5.3. Ifmore than one piece of Apparatus and Equipment is covered by this Agreement, the above terms of payment shall apply to each piece, and an invoice covering each piece shall be rendered in the proper 5.4. This Apparatus shall be purchased through the Houston-Galveston Area Council (H-GAC) program based on the H-GAC executed contract for FS12-23, effective December 1, 2023 thru November 30, 2027. Williams Emergency Vehicle Services and Seagrave agree to sell said fire apparatus through the H-GAC contract extending all pricing, terms and conditions. 6. In the case that no final inspection is made by the Purchaser at the factory prior to shipment and the Purchaser desires to test the Apparatus and Equipment upon receipt, such test shall be made within three (3) days after arrival at the delivery destination specified above. Awritten report ofsuch test shall be delivered forthwith to the Seller at its principal office at Staunton, Virginia. Ifno such test is made, or if no such report is provided to the Seller by the Purchaser within three (3) days after delivery, then the Apparatus and Equipment shall be considered in 7. Iti is agreed that the Apparatus and Equipment covered by this Agreement  placed in fire service.  amount.  full compliance with the Specifications and Change Orders.  2    shall remain the property of the Seller until the Apparatus and Equipment is delivered and accepted by the Purchaser, such acceptance shail not be unreasonably withheld or delayed. In case of any default in payments the Seller may take full possession of the Apparatus and Equipment, or the portion thereof upon which default has occurred. Any payment due and outstanding at the time of delivery shall accrue interest at the rate of fifteen percent (15%) per annum (or the highest rate permitted by applicable law, whichever is lower), which interest shall continue to accrue until the outstanding balance (together with any and all 8. In the event that any applicable Federal or State regulation shall be enacted during the course of this Agreement which requires a change in the Specifications and Change Orders in order fori the. Apparatus and Equipment to comply with such regulation, the parties will execute a change order describing the change in the specifications and increasing the purchase price by an amount equal to the increase in the costs of producing the Apparatus and Equipment. Such costs will 9. This Agreement shall be governed by and construed in accordance with the laws of the State ofWisconsin without regard to principles of conflict of laws. Each party hereby consents that the exclusive venue for any dispute of claim relating to this Agreement shall be in the state courts sitting in Waupaca County, Wisconsin. Each party hereby consents to the personal jurisdiction of such courts. 10. Except for damages, claims or losses due to Seller's acts or gross negligence, Purchaser or user, to the extent permitted by law, will indemnify and hold Seller and its officers, employees, managers, members, agents and affiliates, free and harmless from any liability for losses, claims, injury to or death of any person, including Purchaser or user, or for damage to property arising from Purchaser or user using and possessing the Apparatus and Equipment or from the acts or omissions of any person or persons, including Purchaser or user, using or possessing the Apparatus and Equipment with Purchaser or user's express or implied consent. The provisions hereof shall survive expiration or termination of 11. Risk of loss shall pass to the Purchaser upon delivery and acceptance of the 12. To be binding, the Agreement must be signed and approved by an authorized officer of Williams Emergency Vehicle Services, LLC. This Agreement (together with the Specifications and Change Orders) takes precedence over all previous negotiations among the parties hereto, and the Seller disclaims any and all representations and warranties (whether express or implied) with respect to the Apparatus and Equipment, except as otherwise expressly set forth in this IN WITNESS WHEREOF, the parties hereto, through their duly authorized representatives, have executed this Agreement effective as of the last day and  accrued and unpaid interest) is paid in full.  not be less than the Seller's list price for such item(s).  this Agreement.  Apparatus and Equipment.  Agreement (including the Specifications and Change Orders).  3    year set forth below.  Purchaser: Town of Bedford Fire Department  By:  Stewart Todd Stone, Fire Chief Town of Bedford Fire Department Notices: Town of Bedford Fire Department 315 Bedford Ave Bedford VA 24523 Telephone: 540-586-3433 E-mail: stone@pedlordvagox  Seller: Williams Emergency Vehicle Services, LLC  By:  James Craig Williams Owner and CEO Notices:  Williams Emergency Vehicle Services, LLC Williams Emergency Vehicles Services, LLC 50 Middlebrook Ave Suite 310 Staunton, VA 24401 Telephone: 540-292-7644 E-mail: cray@wilamsevs.com Date of Acceptance: 12/30/2023  4    TOWN OF BEDFORD, VIRGINIA TOWN COUNCIL ACTION FORM  ITEM: Acceptance ofConveyance of Edmund Street Park DATE OF COUNCIL MEETING: January9.2024  DATE: January 4,2024  PRESENTATION:  The Town (and formerly City)ofBedford has leased the land! known as Edmund Street Park from the BedfordC County School Boards since 1974. The most recent iteration of the lease is scheduled to lapse on December 31, 2027. For several months, the Town has been in Following negotiations, the Town and the School Board have negotiated the purchase and sale agreement attached to this Action Item, which sets forth the terms of thes sale. The salei is for nominal consideration; however, the Town willl have obligations toi maintain the land and provide certain mowing tot the School Board on an adjacent 4.75 acre parcel as an extension ofits regular park maintenance rotation. Inc order to accept conveyance ofland, the" Town Council must resolvet to authorize acceptance pursuant to Virginia Code $ 15.2-1803. Due to the unusual mechanics of the School Board's authority to convey property, this conveyance is somewhat complicated and the final  negotiations with the School Board to acquire the property permanently.  documents have not) yet been prepared. ACTION REQUESTED:  Authorize and direct thel Mayor to execute and deliver the enclosed Purchase: and Sale Agreement tot the Schooll Board; further, authorize the Town Attorney toj prepare, and thel Mayor to execute, thet necessary closing documents to affect the transfer ofl Edmund Street Park to the  Town.  YES NO OTHER  ROUTING  DATE: APPROVED () FOREMAN DENIED DEFERREDTO:  BLACK CARSON () HAILEY JOHANNESSEN STANLEY UPDIKE  () () () TOWNATTY. () LT. () () () COMM. DEV. () POLICE C) () () ELECTRIC C) PUBLICSERV. () () () () ENGINEERING ( ) OTHER () () () FINANCE ()() () FIRE DEPT. () ()() () H.R.  ) () ()  () ()    PURCHASE AND SALE AGREEMENT  THIS PURCHASE AND SALE AGREEMENT (this "Agreement"), dated as of of the Commonwealth of Virginia (the "Seller"), and the' Town of Bedford, Virginia, a Virginia  2023, between the Bedford County School Board, aj political subdivision  municipal corporation (the Purchaser"), recites and provides:  Recitals  WHEREAS, the Seller is the owner oft that certain parcel ofreal estate located in the' Town of Bedford, Virginia (the "Town"), designated as Edmund Street Park (the "Park") as more particularly shown on the attached Exhibit A. The Park is an approximately 1.2-acre portion ofa larger tract owned by the Seller totaling 5.96 acres, more or less. The Seller wishes to sell to the Purchaser and the Purchaser wishes to purchase the Park from the Seller, in accordance with the  terms and provisions hereof; and  WHEREAS, the Town has improved and maintained the Park since 1997 under a ground lease agreement, having madei investments int thel Park totaling approximately its fair market value  since that time.  Terms  NOW, THEREFORE, for and in consideration oft the mutual covenants and agreements contained. herein and other good and valuable consideration, the receipt and sufficiency of which arel hereby acknowledged, the Seller and the Purchaser hereby agree as follows:  1. Purchase and Sale. The Seller agrees to sell and convey the Park to the Purchaser and the Purchaser agrees to purchase and accept the Property from the Seller in accordance with  and subject to the terms and provisions ofthis Agreement.  2. Park. The exact location, gross acreage and useable acreage oft the Park are as set forth in Exhibit A. The term "Park," as used herein, shall also include all easements, rights, privileges, remainders, reversions and appurtenances thereunto belonging or in any way  appertaining.  3. Purchase Price. Thej purchase price for the Property shall be Ten Dollars ($10.00)  (the "Purchase Price"). The Purchaser shall pay thel Purchase Price at Closing.  4.  Covenants and Agreements. The Purchaser agrees as follows:  a.  As a covenant real, running with the land, that the Park shall be continuously maintained as a' Town Park for not less than 25 years.  b. Asap personal covenant, the Purchaser shall:  (00468944.DOCX)    (1) Mow the remaining 4.76t acres oft the overall property on a similar basis to its mowing ofs similar parks and properties it owns until February 1,2027. (2) Install lights on the basketball court on the property, and electrical outlets on the shelter structure. (3) Replace the roofand place new picnic tables int the shelter  structure.  (4) Resurface and paint the basketball court. (5) Remove and trim trees in the Park. (6) Expand the existing parking.  (7) Continuously: maintain the Park in good working order with regard to all structures, fixtures, facilities, paved areas,  landscaping, and natural areas.  5. Closing; Contingency. Consummation oft this Agreement is contingent on:  a.  The School Board holding aj public hearing, in accordance with law, and approving sale of the Park as surplus property on the terms and b. The' Town Council approving aresolution authorizing acceptance of  conditions contained herein. conveyance oft the Park. transaction, as provided by law.  C.  The Board of Supervisors of Bedford County consenting to the  Closing shall occur not latert than 30 daysaftert thel last to occur ofthese events, or as soon thereafter as the closing documents may be prepared. Ifthese events have not occurred on or before. July 1, 2024, this Agreement shall expire unless the Parties agree to renew it on similar terms and  conditions.  6. Brokers. Seller and Purchaser each warrant to the other that they have dealt with no agent or broker with respect to the transaction contemplated by this Contract. 7. Town to Prepare Documents. The Town shall prepare or cause to bej prepared and approved a subdivision plat oft the entire property, with the Park shown as a new lot. The Town Attorey will carry out at title search and prepare any necessary deed(s) oftransfer.  8. Miscellaneous Provisions.  (a) Notices. All notices shall bei in writing and sent byl hand, overnight delivery  service or certified mail, retum receipt requested, to the following addresses:  (00468944.DOCXI  2    Ifto Seller:  Dr. Marc Bergin Superintendent Bedford County Public Schools 310 South Bridge Street Bedford, Virginia 24523 marc.bergin@bedford.K/2.va.us Mr. Barrett Warner Town Manager 215 East Main Street Bedford, Virginia 24523 bwamer@beafordva.gov Michael Lockaby, Town Attomey Spilman, Thomas & Battle, PLLC 3101 First Street, Suite 1100( (ZIP24011) Roanoke, Virginia 24002-0090 mlodaby@-plmanlawcon  Ifto Purchaser:  With copy to:  P.O. Box 90  Notices shall be deemed received (i) if hand delivered, when received, (ii) if given by overnight delivery service, the business day after being sent prepaid by such overight delivery service or (ii) if given by certified mail, retum receipt requested, postage prepaid, four (4) days after posting with the United States Postal Service. Either party may change its address by Agreement sets forth the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior negotiations and agreements, written or oral. This Agreement may be modified only by a written instrument duly executed by the Seller and the Purchaser and no waiver of any provision hereof shall be effective unless set forth in a written instrument executed with thes same formality as this Agreement. Thei titles and headings contained herein are intended solely for means ofreference and are noti intended for any purpose whatsoever tom modify, explain or place any construction on any ofthe provisions ofthis Agreement. Whenever used herein and as the context so requires, the singular shall include the plural, and any gender shall include all genders and the neuter. No waiver, forbearance or failure by any party ofits right toe enforce any provision oft this Agreement shall constitute a waiver or estoppel ofanys such party's right to enforce such provision in the future. This Agreement shall be construed, performed and enforced under the laws of the jurisdiction in which the Property is located. This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns. Ifanyt term or provision ofthis Agreement shall bei invalid or unenforceable, thei remainder of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. IN THE EVENT OF ANY LEGAL PROCEEDINGS BETWEEN THE PARTIES ARISING OUT OF THIS AGREEMENT, EACH PARTY HEREBY WAIVES THE RIGHT TO TRIAL BY JURY. The Parties hereto agree that they havel had the opportunity tol bei represented by counsel in connection with this transaction and  notifying the other party in ai manner described above.  (b) Entire Agreement: Modification: Waiver: Construction: Survival. This  (00468944.DOCX  3    that this Agreement shall be interpreted (if any interpretation be required) according to its fair meaning and shall not be construed against either party as the draftsman hereof. Parties hereto. It is not necessary that the signatures oft the parties appear on the same counterpart or counterparts. All counterparts shall collectively constitute a single agreement. Executed counterparts oft this Agreement may be delivered by electronic: mail and shall have the same effect other communication is given, on a day that is a Saturday or Sunday or a legal holiday in the jurisdiction in which the action is required to be performed or in which is located the intended recipient ofs such notice, consent or other communication, such performance shall be deemed to be required, and such notice, consent or other communication shall be deemed to be given, on the shall be the last date on which this Agreement has been fully executed on behalf of the Seller and the Purchaser as indicated by the dates adjacent to the signatures ofthe parties set forth below. constitute an offer or option, and this Agreement shall be effective only upon the complete  (c) Counterparts. This Agreement may be executed in counterparts by the  as original signatures.  (d) Days. Ifany action is required to be performed, ori if any notice, consent or  first business day following such Saturday, Sunday, or legal holiday.  (e) Effective Date. For purposes of this Agreement, the term "Effective Date" (f) Submission. The submission of this Agreement for examination does not  ratification oft this Agreement by all parties.  [SIGNATURES ON FOLLOWINGFAGES)  (00468944.DOCK)    IN WITNESS WHEREOF, the Seller and the Purchaser have executed or caused this  Agreement to be executed as oft the dates indicated below.  SELLER:  BEDFORD COUNTYSCHOOL BOARD By, ApKlp  Date: 1a14/3033  (00468944.D DOCX)    PURCHASER:  TOWN OF BEDFORD, VIRGINIA  Date:  Tim Black, Mayor  (00468944.DOCX)  6    EXHIBITA  (00463944.DOCK)  7    K  No  se   Crou TVHds    29018s,  Da    TOWN OF BEDFORD, VIRGINIA TOWN COUNCIL ACTION FORM  ITEM: Purchase of Ferguson Tract DATE OF COUNCIL MEETING: January 9, 2024  DATE: January4.2024  PRESENTATION:  The Town has been seeking to purchase a tract of land on which to locate electrical infrastructure, including as solar energy generation facility, for some time. Additional solar generation capacity has the potential to lower and/or stabilize electric costs tol Bedford Electric The Electric Director and Town staffhavei identified the Ferguson Tract, Tax Map Nos. 170-A-17-T: and 18-T and 171-A-1-Tand- -2-T, totaling approximately 34.8 acres, as aj potential site for as solar generation facility. The property is owned by an entity çalled Bedford Realty, LLC, and the Ferguson family has negotiated on behalfoft thel LLC. A1 tentative agreement, attached toi this agenda item, has been reachedi fort the" Town toj purchase thep property for $217,500.1 However, the offer was not madel byt thec owner ofthej property accordingt tot the The Community Development Department hasi identified potential environmental issues, and the" Town Attorney hasi identified titlei issues regarding ownership ofthep property. Towns staffhas ordered an update ofal Phasel III Environmental Site Assessment (ESA) from 20201 that identified thee environmental issues. Duet to unavailability ofengineers, thef final outcome ofther updated ESAI has noty yet! been received but ise expected shortly. The Town Attorney has ordered at title search oft the property, but due toi its complicated ownershipl history thes search has not been completed as oft the date ofthis memorandum. Iti is expected prior to the date oft the Town Council meeting. Pursuant to' Virginia Code $ 15.2-1803, the Town cannot accept property except pursuant toar resolution ofCouncili in open meeting. Dueto outstanding environmental: and ownership issues, Town staffand the" Town Attorney cannotr makear recommendationt to accept thec contract asi itis currently drafted. However, this matter bears further discussion and" Town staffandt the Town Attorey desire further guidance from  customers and have other long-run benefits.  County Circuit Court land records, and therefore remains tentative.  Council.  AÇTION REQUESTED: negotiation oft the purchase.  Staffrequests thatt the Council receive: aj presentation ont this matter and discuss acquisition ofthej property. Ifthe Councilremains interested inj purchasing the property, Town staff and the Town Attorney request guidançe from Council on next steps with due diligence and  YES NO OTHER  ROUTING  DATE: APPROVED () FOREMAN DENIED DEFERREDTO:  BLACK CARSON () HAILEY JOHANNESSEN STANLEY UPDIKE  () () () TOWN. ATTY. () I.T. () () () COMM.DEV. () POLICE () C) () ELECTRIC () PUBLIC SERV. () () () () ENGINEERING () OTHER. () C) C) FINANCE () () () FIREI DEPT. () () () () H.R.  () () ()  () ()