TOWNOF  BEDFORD LIFE. LBERTV.HAPPNESS. Town Council Regular Council Meeting Minutes January 9,2024  The Town Council of Bedford, Virginia, held a regularly scheduled meeting on Tuesday, January 9,2024, in the Board of Supervisors Room of the County Administration Building at 122 East  Main Street, Bedford, Virginia. Town Council members present:  Mayor Tim Black, Vice Mayor C. G. Stanley, Councilman Bob Carson, Councilman Todd Foreman, Councilman Stacey Hailey, Councilman Bruce Johannessen, Councilman Darryl  Updike  Town Staff present:  Town Manager Bart Warner, Town Attorney Michael Lockaby, Police ChiefF Ronnie Lewis, Fire ChiefTodd Stone, Director of the Electric Department John Wagner, Director of Planning and Community Development Mary Zirkle, Director of Public Works D. W. Lawhorne, Clerk of  Council Debra B. Anderson, and Recording Secretary Julial Peters  Mayor Black called the meeting to order and led all those present in reciting the Pledge of  Allegiance to the Flag. APPROVAL OF MINUTES were approved as submitted. REPORT OF TOWN MANAGER Mr. Warner reported:  Mayor Black declared that the minutes of the regular Council meeting on December 12, 2023,  Extended thanks to Bedford County, inj particular to County Administrator Robert Hiss and his staff for allowing the Town to use their meeting space while the Town' 's elevator was being repaired. He also expressed appreciation to School Superintendent Marc Bergin who was happy to help when told oft the problem. Good neighbors are a true  01/09/2024  Pagel    blessing and one that the Town does not take for granted. The replacement part for the elevator in the Municipal Building has been ordered and it is possible that it will be Demolition activity is moving forward at 112 South Street to facilitate the complete rebuild of the structure that was damaged by fire almost a year ago. Some street and sidewalk closures will be neçessary in conjunction with the activity. Closures will be handled on an administrative basis through the building official, police department, and Av warming shelter is being offered in the community through March 20, 2024, every Mr. Warner thanked all members of Council and the EDA who signed up for tours of the old Bedford Middle School project, which will be conducted at staggered times by David McCormack on January 17,2024. He also received a basic timetable for proposed completion of the project from Mr. McCormack, which was forwarded by email to all members of Council and Mrs. Zirkle for forwarding to all members oft the EDA. Town offices will be closed on Monday, January 15, 2024, in observance of the holiday  repaired by the end oft the week.  public works department.  Friday, Saturday, and Sunday evening at 112 Center Street.  honoring Dr. Martin Luther King, Jr. APPEARANCES BEFORE COUNCIL Danny Kirby,926 Watson Place, Bedford, VA  Mr. Kirby wanted to share that a lady with ties to Bedford passed away. Her name was Fran Hart, who was 68 years old. She had a number of years of service at the police department and was the second director for the parks and recreation department of the City of Bedford. In the late 1980's she was approached about putting up a Christmas light display on the grounds of Liberty Lake Park. She gave it a green light to proceed. The display started out small, and grew over the years. There were a few talented artists working at the park and many homemade displays were created. The lights are still to this day displayed during the Christmas season at the park. He would like everyone to reflect on this community tradition that was started by. just an idea and a vision and grew into an amazing sight for everyone to enjoy. Mr. Lawhorne continues the tradition today and adds new items each year. He extended condolences to the Hart family.  Jane McKeon, 112 Peakland Court, Bedford, VA  Ms. McKeon read from her email previously submitted to Town staff on January 4, 2024. The  email is included as Attachment 1. COUNCIL COMMENTS  Councilman Updike said he would like Council to consider doing a couple things moving forward that are not being done now. One was open Council meetings with an invocation, which ai representative oft the Bedford Ministerial Association could provide. The second item was to have department heads attend the meetings sO they were available when questions/concers came  01/09/2024  Page 2    up. It would be a good way to shortcut getting answers and therefore respond to citizens in a timely fashion. He looked forward to working with the other Council members and staff, some of whom he has known for a couple years and some he has known for a very long time. Councilman Carson was looking forward to a good year reconnecting with residents, making some good choices, and moving the Town forward. He thanked the citizens of Bedford who believed enough in them to give them another shot. Anyone who has a problem with him, he wants them to come directly to him, or call him, but not on Facebook. He is committed to giving Councilman Hailey thanked everyone for attending the meeting. It was nice to see people in the audience. He welcomed Mr. Foreman and Mr. Updike to the Council and he thought they all will make a great team moving forward. There were some big challenges in the past and they will face new challenges in the future, but they wanted healing. Hopefully, everyone will give the Councilman Stanley appreciated everyone attending and wished them a happy new year. He welcomed Mr. Foreman and Mr. Updike to Council. He appreciated Mr. Kirby mentioning Ms. Fran Hart and her rec program was second-to-none. She did sO much for the Town and she will Councilman Johannessen welcomed Mr. Foreman and Mr. Updike to the Council. Good things should happen this year with the completion ofsome ongoing projects in the Town. Councilman Foreman thanked everyone for attending and the honor to: represent all the citizens ofBedford. He looked forward to the future and what Bedford can accomplish, and he was Mayor Black conveyed that ini the last few weeks, the community had lost at least four people who were. Bedford stalwarts and part of the community. One was Beulah Payne, who was instrumental in education and working with the young people at the Ball Diamond. Harry Leist, owner oft the restaurant Liberty Station, was lost last week. He was a wonderful businessman, restaurateur, and community-minded individual. Two school system educators passed, Paul Sherman and Marie Powers. These people touched many lives in the community and he asked everyone to keep their families ini thoughts and prayers. In order to improve communication between Council and citizens, there would be a community engagement meeting Saturday, January 13, 2024 at the Oakwood Villas Clubhouse from 9 a.m. to 12 Noon. It will be an informal meeting to answer questions, listen to ideas and hear solutions to issues. Everyone is invited to attend. Mayor Black also welcomed Mr. Foreman and Mr. Updike to the Council and  the truth and being transparent.  Council support throughout this coming year.  be missed.  available anytime to anyone who wished to speak with him.  he looked forward to their input and experience. REPORT OF COUNCIL COMMITTEES  None.  01/09/2024  Page 3    REVISIONS7 TO AGENDA  Mayor Black wanted to remove the Closed Session under Section 2.2-3711 (a) (8)ofthe Code of Virginia, 1950, as amended for the purpose of consultation with legal counsel related to the ownership status of property near the Bedford Reservoir outside ofTown limits. He said there was some explanation and clean-up regarding some parcels' ownership and a closed session was Mr. Lockaby noted that Council would need to discuss the Ferguson tract in closed session before taking action on the meeting's Agenda Item under NEW BUSINESS pertaining to the  not needed, only discussion.  tract.  There were no objections by Council members regarding these revisions.  PUBLIC HEARINGS  None.  CONSENT AGENDA  None.  OLDI BUSINESS None.  NEW) BUSINESS  Appointment ofTodd Stone as Fire Chief  Mr. Warner stated that in accordance with Town Code, Council needed to appoint the Bedford Fire Chief for the Bedford Fire Company on an annual basis. Todd Stone has recently been re- elected by the Volunteer Company membership and it was the request of staff that the Council Mr. Hailey moved, seconded by Mr. Updike, to accept and appoint Mr. Todd Stone as Bedford's  consider appointing Mr. Stone as Fire Chief for calendar year 2024.  Fire Chief for 2024.  01/09/2024  Page 4    Voted upon and carried by the following roll call vote.  Councilman Carson Councilman Foreman Councilman Hailey Councilman Johannessen Vice Mayor Stanley Councilman Updike Mayor Black  aye aye aye aye aye aye aye  The motion carried with seven members voting aye.  Authorization to Place Order for Replacement Ladder Truck  The Bedford Fire Department has a published replacement schedule for all apparatus on: a continuous basis in order to ensure continuity, quality of service, and compliance with standards published by the National Fire Protection Association (NFPA). The current ladder truck operated by the department is 17 years old and scheduled for replacement in 2027. This particular piece of apparatus has a current lead production time of approximately three years. In The current estimated total price ofai new ladder truck is $2,249,587. There will be an industry price increase of 8% that will take effect on January 16th with another increase of 6% scheduled to take effect in July. This would represent an increase in cost ofover $200,000 if we do not act prior to those dates. In order to avoid those projected increases in cost, staffi is requesting that Town Council authorize the Fire Chief to execute a purchase agreement with Williams Emergency Vehicle Services to secure the production and delivery of the fire truck by the As part of an existing agreement, Bedford County will contribute $956,183 toward the purchase price. Fire ChiefTodd Stone advises that $900,000 in Town savings is available for this purpose. In addition, Seagrave will offer a $150,000 trade-in credit. Payment for the truck will  order to ensure delivery by 2027, we need to act now.  replacement date and at the current price.  not be due until July 2027. ACTION REQUESTED:  Town Council is requested to authorize the Fire Chief to execute the purchase agreement with Williams Emergency Vehicle Services to purchase a replacement ladder truck at a cost of Mr. Hailey moved, seconded by Mr. Carson, to authorize the Fire Chiefto execute the purchase agreement with Williams Emergency Vehicle Services to purchase a replacement ladder truck at  $2,249,587 to be deliverable in July 2027.  ac cost of$ $2,249,587 to be deliverable in July 2027.  01/09/2024  Page 5    Discussion followed. Mayor Black noted that the shortfall was not as bad as he thought. It was unfortunate that fire apparatus prices are increasing tremendously. Fire Chief Stone said he has been a career fire fighter for 31 years and has never seen inflation like this in his lifetime. Manufacturers are saying this rate ofinflation has not been seen since World War II. Since 2020, fire trucks have gone up 46% and by July the price will go up to 51%. The lead time nowi is3.5 years. The Bedford County Fire and Rescue and the Bedford County Supervisors have completed aa apparatus funding matrix and in 2025 they will review the numbers and adjust them if necessary. Just 17 years ago when the current ladder truck was bought, the cost was $700,000. Everything needed by the fire department has gone through the roof. The City of Roanoke put off an apparatus purchase for six months to see what the market would do, and it cost them an additional $400,000. Pricing is not going back down. The Town will be at a shortfall of $249,000, but he thinks most of that amount will come out of the new County matrix for 2025. Nothing will need to be paid until July 2027, sO there is time to work out the payment. He needed to lock-in the price tonight sO they can get in the line for the new truck orders. They are in the process of paying offat truck that the volunteers bought and three years ago they paid offa rescue vehicle that the volunteers bought, sO he is very thankful for the department they have. Volunteer fire fighters save the Town $2.6 million in salaries and they do enough fundraising to offset some oft the costs. There is a corner on the fire truck market with only three manufacturers building the fire apparatus. The $150,000 trade-in amount will be signed into the contract ift the authorization is granted at the night's meeting. It will also be noted in the contract about the raw material costs. If raw material prices go down, so will the Town's costs go down. Bedford will retain the option to sell the old ladder truck depending on market value. Approval for tonight is only to lock-in the presented price and ensuring the delivery date. Council will have another opportunity in the future to review and approve the actual contract as well as appropriate and encumber funds as part of the town budget. Fire Chief Stone has also submitted a Capital Improvement Project (CIP) request for $60,601 per year for four years to offset the $249,000  shortfall in case the County funding matrix changes. Voted upon and carried by the following roll call vote.  Councilman Foreman Councilman Hailey Councilman Johannessen Vice Mayor Stanley Councilman Updike Councilman Carson Mayor Black  aye aye aye aye aye aye aye  The motion carried with seven members voting aye. Acceptance of Conveyance of Edmund Street Park  The Town (and formerly City) of Bedford has leased the land known as Edmund Street Park from the Bedford County School Board since 1974. The most recent iteration ofthe lease is  01/09/2024  Page 6    scheduled to lapse on December 31, 2027. For several months, the Town has been in negotiations with the School Board to acquire the property permanently.  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 the sale. The sale is for nominal consideration; however, the Town will have obligations to maintain the land and provide certain mowing to the School Board on an adjacent 4.75 acre parcel as an extension of In order to accept conveyance ofland, the Town Council must resolve 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 documents  its regular park maintenance rotation.  have not yet been prepared. ACTION REQUESTED:  Authorize and direct the Mayor to execute and deliver the enclosed Purchase and Sale Agreement to the School Board; further, authorize the Town Attorney to prepare, and the Mayor to execute, the necessary closing documents to affect the transfer of] Edmund Street Park to the  Town.  Mr. Stanley moved, seconded by Mr. Carson, to authorize the Mayor to execute and deliver the enclosed Purchase and Sale Agreement to the School Board; and authorize the Town Attorney to prepare, and the Mayor to execute, the necessary closing documents to affect the transfer of Mayor Black said this item has been weighing on Council for quite a while and he expressed his appreciation to the School Board and Mrs. Kirby who worked with him to make this happen. The Ball Diamond is an important piece to the neighbourhood. The Town has been renting it since the 1970'sand now they own it and will hopefully make some targeted investments and improvements there. One oftheir goals is to have a second engagement meeting over at the park to get some feedback from the citizens on what kind ofimprovements they would like to see. Mr. Carson stated that it meant a whole lot to the neighbourhood. It was a safe haven for many children over the years, where they practically lived there. It is called the Ball Diamond and hei is glad iti is now where it belongs and he hopes it stays with the Town forever. He was very  Edmund Street Park to the Town.  grateful.  Voted upon and carried by the following roll call vote.  Councilman Hailey Councilman Johannessen Vice Mayor Stanley Councilman Updike Councilman Carson 01/09/2024  aye aye aye aye aye  Page 7    Councilman Foreman Mayor Black  aye aye  The motion carried with seven members voting aye. The Purchase and Sale Agreement follows.  PURCHASE ANDS SALE AGREEMENT  THIS PURCHASE AND SALE AGREEMENT (this "Ageement"), dated as of  2024, between the Bedford County School Board, a political subdivision  oft the Commonwealth of Virginia (the "Seller"), and the Town of Bedford, Virginia, a Virginia  municipal corporation (the "Purchaser"), recites and provides:  Recitals  WHEREAS, the Seller is the owner of 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 WHEREAS, the Town has improved and maintained the Park since 1997 under a ground lease agreement, having made investments in the Park totaling approximately its fair market  terms and provisions hereof; and  value since that time.  Terms  NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are 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 2. Park. The exact location, gross acreage and useable acreage of 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. The purchase price for the Property shall be Ten Dollars ($10.00) (the "Purchase Price"). The Purchaser shall pay the Purchase Price at Closing. Covenants and Agreements. The Purchaser agrees as follows:  subject to the terms and provisions ofthis Agreement.  4.  a. Asac 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:  (1) Mow the remaining 4.76t acres of the overall property on a similar basis to its mowing of similar parks and properties it owns until Februaryl,2027.  01/09/2024  Page 8    (2) Install lights on the basketball court on the property, and electrical outlets on the shelter structure. (3) Replace the roofand place newj picnic tables ini the (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.  shelter structure.  5. Closing: Contingency. Consummation of this Agreement is contingent on:  a. The School Board holding a public hearing, in accordance with law, and approving sale of the Park as surplus property on the b. The Town Council approving a resolution authorizing  terms and conditions contained herein. acceptance of conveyance ofthe Park. the transaction, as provided by law.  C.  The Board of Supervisors of Bedford County consenting to  Closing shall occur not later than 30 days after the last to occur of these events, or as soon thereafter as the closing documents may be prepared. Ifthese events have not occurred on or before July 1,2 2024, this Agreement shall expire unless the Parties agree to renew it on similar 6. Brokers. Seller and Purchaser each warrant to the other that they have dealt with no agent 7. Town to) Prepare Documents. The Town shall prepare or cause to be prepared and approved a subdivision plat ofthe entire property, with the Park shown as a new lot. The Town Attorney will carry out a title search and prepare any necessary deed(s) oftransfer. a) Notices. All notices shall be in writing and sent by hand, overnight delivery service or  terms and conditions.  or broker with respect to the transaction contemplated by this Contract.  8.  Miscellaneous Provisions.  certified mail, return receipt requested, to the following addresses:  Ifto Seller:  Dr. Marc Bergin Superintendent  Bedford County Public Schools 310 South Bridge Street Bedford, Virginia 24523 mar.legin@bediondki2 va. us  Iftol Purchaser:  Mr. Barrett Warner Town Manager  215 East Main Street Bedford, Virginia 24523 bwamergpediordvagox  01/09/2024  Page 9    With copy to: Michael Lockaby, Town Attorney  Spilman, Thomas & Battle, PLLC 310 First street, Suite 1100 (ZIP 24011) Roanoke, Virginia 24002-0090 mockab/gpimanawcon  P.O. Box 90  Notices shall be deemed received (i)i ifhand delivered, when received, () if given by overnight delivery service, the business day after being sent prepaid by such overnight delivery service or (iii) if given by certified mail, return receipt requested, postage prepaid, four (4) days after posting with the United States Postal Service. Either party may change its address by notifying b) Entire Agreement: Modification: Waiver, Construction; Survival. This Agreement sets forth the entire agreement between the parties hereto with respect to the subject matter hereofand 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 the same formality as this Agreement. The titles and headings contained herein are intended solely for means of reference and are not intended for any purpose whatsoever to 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 ofi its right to enforce any provision oft this Agreement shall constitute a waiver or estoppel ofany such party's right to enforce such provision in the future. This Agreement shall be construed, performed and enforced under the laws ofthe 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. Ifany term or provision ofthis Agreement shall be invalid or unenforceable, the remainder oft 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 TOTRIAL BY JURY. The Parties hereto that they have had the opportunity to be represented by counsel in connection with this transaction and that this Agreement shall be interpreted (if any interpretation be required) according to its fair meaning and c) Counterparts. This Agreement may be executed in counterparts by the Parties hereto. Itis 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 of this Agreement may be delivered by electronic mail and shall have the d) Days. Ifa any action is required to be performed, or ifany notice, consent or 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  the other party in ai manner described above.  shall not be construed against either party as the draftsman hereof.  same effect as original signatures.  01/09/2024  Page 10    deemed to be given, on the first business day following such Saturday, Sunday, or legal e) Effective Date. For purposes oft this Agreement, the term "Effective Date" shall be the last date on which this Agreement has been fully executed on behalfof the Seller and the Purchaser as indicated by the dates adjacent to the signatures oft the parties set forth Submission. The submission ofthis Agreement for examination does not constitute an offer or option, and this Agreement shall be effective only upon the complete ratification  holiday.  below.  ofthis Agreement by all parties.  [SIGNATURES BELOW]  IN WITNESS WHEREOF, the Seller and the Purchaser have executed or caused this  Agreement to be executed as of the dates indicated below.  SELLER:  BEDFORD COUNTY SCHOOL BOARD  PURCHASER:  TOWN OF BEDFORD, VIRGINIA  Mayor Black read the following Closed Session paragraph from the Code of Virginia: Pursuant to Section 2.2-3711 (a)(3)ofthe Code ofVirginia of 1950, as amended, for the purpose of discussion or consideration oft the acquisition of property for a public purpose, where discussion in an open meeting would adversely affect the bargaining position or negotiating Mr. Hailey moved, seconded by Mr. Carson to enter into closed session at 7:50 p.m.  strategy oft the Town, related to the Ferguson Tract.  Voted upon and carried by the following roll call vote.  Councilman Johannessen Vice Mayor Stanley Councilman Updike Councilman Carson Councilman Foreman Councilman Hailey Mayor Black  aye aye aye aye aye aye aye  The motion carried with seven members voting aye.  01/09/2024  Page 11    Mr. Warner, Mr. Lockaby, Mr. Wagner, and Mrs. Zirkle remained for the closed session.  Council reconvened into open session at 8:32 p.m. The Clerk of Council read aloud the following resolution.  BE IT RESOLVED that the Council oft the Town of Bedford hereby certifies that (1) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed ini the closed meeting to which this certification resolution applies; and (2) only such public business matters as were identified in the motion convening the closed meeting were  heard, discussed or considered by the Council.  Mr. Hailey moved, seconded by Mr. Carson to adopt the resolution. Voted upon and carried by the following roll call vote.  Vice Mayor Stanley Councilman Updike Councilman Carson Councilman Foreman Councilman Hailey Councilman Johannessen Mayor Black  aye aye aye aye aye aye aye  The motion carried with seven members voting aye.  Purchase of the Ferguson Tract  Mr. Foreman moved, seconded by Mr. Updike, to authorize the staff to renegotiate the purchasing contract oft the Ferguson tract due to title and environmental concerns on the Mayor Black said the Town would like to do a solar project which is important to the electric utility to help drive down costs, but there are concerns with a portion of the particular property, and more conversation is needed before a final decision is made on its purchase.  property.  Voted upon and carried by the following roll call vote.  Councilman Updike Councilman Carson Councilman Foreman Councilman Hailey Councilman Johannessen Vice Mayor Stanley Mayor Black 01/09/2024  aye aye aye aye aye aye aye  Page 12    The motion carried with seven members voting aye. Discussion Regarding Property near the Bedford Reservoir  Mr. Lockaby explained that back in 2012-2013, when the Town was consolidating its water and sewer utility with the Bedford PSA water and sewer utility, a number ofland tracts around the Stony Creek or Bedford Reservoir were going to be conveyed to the Bedford Regional Water Authority (BRWA). He directed the Council members to look at an overhead aerial map listing the various tracts. Most oft the parcels were conveyed to BRWA (55-1-A, 55-2-6, 55-A-23, 55-A- 22). Tract 55-A-16 was subdivided (originally included tract 55-A-16A). The Town conveyed 55-A-16A to BRWA and held onto 55-A-16. The tract causing confusion is 55-A-19. It is quite clear that the Town's intention was to convey the tract to BRWA ini the 2013 deed that conveyed the property. However, it is still carried ini the name oft the Town of Bedford on GIS. This caused staff to look at a bigger problem which started to unravel. The deed that is in question says there was to be some reconfiguration oft tract 55-A-23, but it does not relate what that reconfiguration was specifically. It conveys by reference to aj plat that was on file in the office of the City engineer. Mr. Hale had aj plat that was almost the same, but dated two months later and not put to record until the deed was put to record. There is now a lack of clarity to what was intended for 55-A-23, and 55-A-19 needs sorting out. Tract 55-A-19is 3.5 acres with part ofit in the bed of the river and almost all ofiti is in the flood plain. It is landlocked and has no public road access. Ity was suggested that staff meet with the Commissioner of Revenue in order to fix the problem with 55-A-19 and discuss getting all the other deed references clarified and corrected for 55-A-  23.  Mayor Black read the following Closed Session paragraphs from the Code ofVirginia. Pursuant to Section 2.2-3711 (A)(8) ofthe Code of Virginia, 1950, as amended for the purpose ofc consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel, relating to the outcome of Sadler Bros. OilCo. V. Commonwealth, recently decided in the Circuit Court of Greensville County, Pursuant to Section 2.2-3711(A)(I) of the Code of Virginia, 1950, as amended, for the purpose ofd discussion or consideration of, and evaluation of the performance ofaj public officer or Mr. Hailey moved, seconded by Mr. Foreman, to enter into closed session at 8:45 p.m.  related to skill games.  appointee, for the purpose of the Town Manager's annual review.  Voted upon and carried by the following roll call vote.  Councilman Carson Councilman Foreman Councilman Hailey Councilman Johannessen 01/09/2024  aye aye aye aye  Page 13    Vice Mayor Stanley Councilman Updike Mayor Black  aye aye aye  The motion carried with seven members voting aye.  Mr. Warner, ChiefLewis, and Mr. Lockaby remained for the closed sessions. ChiefLewis and Mr. Lockaby exited the closed sessions at 8:55 p.m. Mr. Warner exited the closed sessions at  9:18 p.m.  Council reconvened into open session at 9:35 p.m. The Clerk of Council read aloud the following resolution.  BE: IT RESOLVED that the Council of the Town of Bedford hereby certifies that (1) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies; and (2) only such public business matters as were identified in the motion convening the closed meeting were  heard, discussed or considered by the Council.  Mr. Hailey moved, seconded by Mr. Stanley, to adopt the resolution. Voted upon and carried by the following roll call vote.  Councilman Foreman Councilman Hailey Councilman Johannessen Vice Mayor Stanley Councilman Updike Councilman Carson Mayor Black  aye aye aye aye aye aye aye  The motion carried with seven members voting aye.  ADJOURNMENT  At 9:36 p.m., Mayor Black adjourned the meeting until January 20, 2024 at 9:00 a.m. for a Town  Council Retreat at the Bedford Library.  01/09/2024  Page 14    ATTACHMENTI  01/09/2024    1/6/24, 12:13PM  Gmail- Zoning and! Short7 Term Rental Study for Bedford Virginia  Gmail  James Mckeon amesmckeont12@gmall.com> Mr. Bavt wonex  Zoning and Short Term Rental Study for Bedford Virginia  1message  Jane McKeon smerenaz@roimailcom To: James Mckeon amesmockeoni12@gmail.com>  Thu, Jan 4, 2024 at 6:22 PM  Zoning and Short Term Rental Study for Bedford  Virginia By. Jane McKeon INTRODUCTION:  Recent zoning changes ini the Town of Bedford, include the proposal of adding short term rentals, (Homestays, Air BB, VRBO, Bed and Breakfast and other lodging accommodations)nto the R1, (primary residential) neighborhoods within the The R1 neighborhoods are mostly comprised of custom built homes ina variation of styles and designs chosen by the owners, and were built by families on lots they chose and purchased, for the peace, privacy, and views and natural beauty they provide. The larger R1 neighborhoods are located primarily in the North Hills, Vista Circle, North Branch, and According to the National Association of Realtors, the addition of short term rentals in primary residential neighborhoods may result in real estate and quality of life conçerns. Property values may be effected by a decrease of 15-20% of resale property values, and owners and realtors may be obligated to disclose that short term rentals are in the neighborhood to prospective buyers, possibly resulting in loss of sales and revenue. Short term rentals in a residential area can also affect the peace and quality of life for primary residents, which may be interrupted by additional traffic, parking, noise, and even Thei information compiled below, outlines what current and future lodging accommodations are or will be available in the One specific goal of town council and! business owners that has been recently discussed, is the "need toi increase foot traffici ini the downtown area, thus supporting local businesses and increase revenue". This study supports that goal, and also supports lodging accommodations in the downtown and the historical R1A and other suitably zoned areas already offering them. Because of their location and close proximity to downtown, these other areas are better suited to keep the The goal of this studyi is to discuss options and reach a consensus to satisfy all residents of the R1 areas and others, by supporting current lodging owners and hosts by considering implementing the followingi ideas and considerations: A. Grandfather in the current accommodations with as little interruption in business as possible. B.E Bring all transient guest facilities and lodging accommodations into compliance with proper licensing, town safety and fire codes, and 5%1 tax revenue obligations. (Some are operating under the table so to speak.) C.Offer business tools to existing local accommodations, like computer software programs for easy business transactions, making tax contributions easy to pay to the town tax office with the touch of a button. D. Offer marketing support and tools to boost overall occupancy rates and revenues for all. (Local Chamber) C. Be mindful of saturation and room rate competition that may dilute business revenue. (Too many options with low rates  town, and that has brought up some concern and discussion.  Peakland subdivisions, with some others located on the outskirts of the town boundaries.  some crime issues.  neari future for the town of Bedford.  visitors within walking distance to downtown attractions and businesses.  will undercut the ability for thel larger hotels to compete and stay in business.) D.L Leave the R1 residential zoning codes as is, and improve what we have. CURRENT LODGING FACILITIES WITHIN THE IMMEDIATE TOWN AREA-20  1. The Inn on Avenal 2. The Clark House 3. Forget Me Knot 4. Longwood Inn  mtps/mal.googe.com'maluona-abe/saierphsastharh-alpemts-reudi.T8/205948512374723741Zaimphmag478720394312874122 1/2    1/6/24, 12:13PM  Gmail- Zoning and Short Term Rental Study for Bedford Virginia  5. Almost Home 6. Gateway Cottage 7. Birdsong House 8. Old Plantation Cottage 9. Lawyer's Row Apartment 10. Days Inn Motel 11. Super 8 Hotel  Total Bed/Sleeping Capacity based on double occupancy... ..237 CURRENTLODGING FACILITIES WITHINA515MNUTE DRIVE FROM TOWN  12. Cabin Cottage 13. The Meadery at Graham Ordinary 14. Orchard View Inn 15. The Homeplace 16. Vanquility Acres Inn 17. Cedar Post Inn 18. Bedford Motel  Total Bed/Sleeping Capacity based on double occupancy.. FUTURE LODGING FACILITIES WITHIN THE TOWN 19. Boutique Hotel at Old Yellow 20. Hampton Inn by Hilton Bedford  ..64  Total Bed/Sleeping Capacity based on double occupancy..---. .404 TOTAL LOCAL GUEST OCCUPANCYAALABLIY,  .705+-  RESULTS OF STUDY  One can see by the survey that Bedford has a good proportion of guest rental accommodations based on the size of our town, and the guest services/businesses we currently offer. So, we may ask ourselves, do we really need to expand short term rentals into our R1 neighborhoods? Can we make a plan to bring the ones we have now into compliance and collect tax obligations from all, instead of just from some? Is it worth it to add rental properties the R1 neighborhoods at this particular time? Can we leave well enough alone for the R1 residents, and come to ai fair decision that will satisfy Hopefully, within the next couple of years, when the two new hotels are completed, and based on double occupancy which is common for the average reservation and hotel room, Bedford will be well prepared to accommodate up to 705 overnight visitors give or take, on any given day, many within walking distance of downtown. By thati time, all guest facilities could be brought up to compliance as a whole, and willl be active participants in growth and additional revenue to our town for decades to come, while the residents of R1 neighborhoods could rest easy knowing they're won't be any more changes coming to them anyt time soon. It looks like with a little effort and cooperation, our town can come up with  everyone concerned?  win-wini for all.  Note:  All research, statements and figures in this study are based on the current marketing conditions and information of each facility, publicly available on online business ads, physical sign advertising, or inclusion on popular travel sights. Some marketing and ads mayl be outdated, so the figures are variable. This research is not guaranteed and the author makes no claims as toi individual business circumstances, closings, changes and updates which may or may have not been reflected at the time of this writing. This study and occupancy survey of each business noted was completed for disçussion purposes only, and hoids no opinion of any business advertised online or by any other public means. Obviously, final decisions on zoning will bel left tot the discretion of the government officials of the Town of Bedford, who's newly elected officials have pledged to represent all residents equally, and exercise their authority for the betterment of  the Town as a whole.  Sent from my iPad  htps/mallgogle.commalwonA-ab/sai7sMewrphauchaspemaie-xeaoeah1720394352354123/4172kamp-magei7e720394312874122 2/2    EXHIBIT A  01/09/2024    NAA  Grov    10