Loading...
HomeMy WebLinkAbout12/15/2020 - Regular1 Vinton Town Council Regular Meeting Tuesday, December 15, 2020 at 7:00 p.m. PARTICIPATION WILL BE BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED, ORDINANCE NO. 1016 AND SECTION 4-0.01(G) OF CHAPTER 1289 OF THE 2020 ACTS OF THE VIRGINIA GENERAL ASSEMBLY The Vinton Town Council will hold its regular meeting at 7:00 p.m. on Tuesday, December 15, 2020, using electronic communication means without the public being present in the Council Chambers. Participation by Council members, staff, and the public will only be available through electronic means. The public will have access to observe this regular meeting of Town Council through a livestream on the Town’s Facebook page at www.facebook.com/vintonva. Citizens may register to speak at this Council Meeting by calling the Town Clerk’s Office at 540-983- 0607 or sending an email to sjohnson@vintonva.gov by 12 Noon on Monday, December 14, 2020. Once registered, the citizen who wishes to address Council will be provided the Zoom meeting information and will be allowed to join the meeting and address Town Council by electronic means. AGENDA Consideration of: A. CALL TO ORDER B. CONFIRMATION THAT MEETING IS BEING HELD IN ACCORDANCE WITH ORDINANCE NO. 1016 AND SECTION 4-0.01(G) OF CHAPTER 1289 OF THE 2020 ACTS OF THE VIRGINIA GENERAL ASSEMBLY AND ROLL CALL C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG E. UPCOMING COMMUNITY EVENTS/ANNOUNCEMENTS F. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS G. CONSENT AGENDA 1. Consider approval of the minutes of the Regular Council Meeting of November 17, 2020 Sabrina M. McCarty, Vice Mayor Keith N. Liles, Council Member Laurie J. Mullins, Council Member Michael W. Stovall, Council Member Vinton Municipal Building 311 South Pollard Street Vinton, VA 24179 (540) 983-0607 2 2. Consider adoption of a Resolution appropriating funds in the amount of $1,665.00 for the receipt of an insurance claim due to damage to a piece of equipment. 3. Consider adoption of an Ordinance authorizing holiday and service award bonuses and authorizing the transfer of funds from the General Fund up to the amount of $4,283.03, from the Utility Fund up to the amount of $1,227.16, and from the Stormwater Fund up to the amount of $367.52. H. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS 1. Recognition of Barry W. Thompson, Town Manager I. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. J. PUBLIC HEARING 1. Consideration of public comments concerning the proposed Rate Changes for the Vinton War Memorial to be effective January 1, 2021. a. Open Public Hearing • Report from Staff – Chasity Barbour • Receive public comments • Council discussion and questions b. Close Public Hearing c. Consider adoption of a Resolution K. TOWN ATTORNEY 1. Briefing on proposal to sell and grant a franchise for an electric power transmission and distribution system throughout the Town of Vinton to AEP Appalachian Power L. TOWN MANAGER 1. BRIEFINGS 2. ITEMS REQUIRING ACTION 1. Presentation of the June 30, 2020 Comprehensive Annual Financial Report by Brown Edwards & Company, LLP and consider adoption of a Resolution approving and accepting said Report – Anne Cantrell/Travis Gilmer with Brown Edwards 2. Consider adoption of a Resolution authorizing the Town Manager to execute a Memorandum of Understanding and Certification for Receipt of Coronavirus Relief Fund Payments for the COVID-19 Utility Relief Program – Anne Cantrell 3. Consider adoption of an Ordinance accepting and appropriating funds in the amount of $68,764.67 from the Commonwealth of Virginia for the 3 COVID-19 Utility Relief Program distributed as a component of the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 – Anne Cantrell 4. Consider adoption of a Resolution approving the extension of the roll-over accrual date for vacation hours from December 31, 2020 to June 30, 2021 – Donna Collins 3. PROJECT UPDATES/COMMENTS M. REPORTS FROM COUNCIL COMMITTEES 1. Finance Committee – Anne Cantrell N. MAYOR O. COUNCIL P. ADJOURNMENT NEXT COMMITTEE/TOWN COUNCIL MEETINGS: January 5, 2021 – 7:00 p.m. – Regular Council Meeting January 11, 2021 - 2:00 p.m. – Finance Committee Meeting January 13, 2021 – 8:30 a.m. – Public Works Committee Meeting NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. 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. Meeting Date December 15, 2020 Department Town Clerk Issue Consider approval of the minutes of the Regular Council Meeting of November 17, 2020 Summary None Attachments November 17, 2020 Recommendations Motion to approve minutes Town Council Agenda Summary 1 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, NOVEMBER 17, 2020, AT 7:00 P.M. BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED, AND ORDINANCE NO. 1016 MEMBERS PRESENT: Bradley E. Grose, Mayor Sabrina McCarty, Vice Mayor Keith N. Liles Laurie J. Mullins Michael W. Stovall STAFF PRESENT: Pete Peters, Acting Town Manager/Director of Economic Development Susan N. Johnson, Executive Assistant/Town Clerk Jeremy Carroll, Town Attorney Anne Cantrell, Finance Director/Treasurer Fabricio Drumond, Interim Police Chief Donna Collins, Human Resources Director/Risk Manager Anita McMillan, Planning & Zoning Director Nathan McClung, Principal Planner The Vinton Town Council meeting was held via Virginia Government Facebook Page. The Mayor The Town Clerk called the roll with Council Member Liles, Council Member Mullins Member Stovall, Vice Mayor McCarty Grose present announced the names of staff and others present, confirmed that the meeting was Section 4- Acts of the Virginia General Assembly and that means. Roll call After a Moment of Silence, Council Member Liles led the Pledge of Allegiance to the U.S. Flag. Under upcoming community events/ announcements, Vice Mayor McCarty announced the following: December 3 – 6:30 p.m. – tree lighting following by Vinton Christmas Parade at 7:00 p.m.; December 5 – 10:00 a.m. – 2:00 p.m. - History Museum Holiday Open House and December 17 – 5-7:00 p.m. - Vinton Chamber Holiday Open House – Charles 2 will be closed the week of Thanksgiving. Due to COVID-19, these events are subject to change at posted. Council Member Mullins made a motion to motion was seconded by Vice Mayor McCarty and voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Meetings November 3, 2020 Under awards, introductions, presentations and proclamations, Donna Collins commented that this year the Virginia Municipal League did a first annual award due to the circumstances of COVID-19 and the Town was nominated and received a Local Champion Award. This award was given to those determination and creativity in such a manner as to community. Although this was spearheaded by the communication, questions and due preventing Committee was grateful to be recognized, but it was a team effort. The next item on the agenda was the certain Town property located at 307 South Pollard Street, identified as Tax Parcel Number 060.15-07- 43.00 7:09 p.m. The Acting Town Manager first commented that as Economic Development Committee, the Town has been approached by Fa Farmburguesa to purchase the vacant lot (307 South Pollard Street) between the Municipal Street. The and Farmburguesa Restaurant as they make property improvements to construct Public Hearing Opened 3 Once they reach their investment goals estimated at $80,000, they can petition the Town to purchase the property. In the meantime, it will be contracted with the Town in the form of a lease agreement for a one-year lease with the option additional one-year terms, but it is not anticipated to be necessary. The rent for the first year will be $250 equivalent to the current total tax assessment for both town and county taxes. contingencies within the purchase option relating to maintenance of the property and liability insurance while they are in construction and once they begin to operate. Once they property, a purchase agreement will be brought to Council for their consideration. closed at 7:12 p.m. the Resolution voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Public Hearing Closed Adopted Resolution No. 2386 Property Lease to Farmyard LLC of certain Town property located at 307 South Pollard 060.15-07-43.00 The next item on the agenda was the 060.16-02-15.00. The Mayor opened the Public Hearing at 7:14 p.m. The Acting Town Manager commented that D W Restaurant or Dogwood Restaurant is located at 106 East Lee Avenue and has petitioned the Town to lease a portion of the vacant lot that sits between their current location and Cyndi’s Fashions on Lee Avenue. A pedestrian access has been established on that lot which will occupy approximately two- thirds of the lot that connects Lee Avenue to the rear parking lot behind Vinyard Street. D W Restaurant plans to cons weather. This is only a lease and will be for an initial one-year Public Hearing Opened 4 year terms. The rent for this lease will also be $2 assessments for that property. We do anticipate a generated as a result of the Town leasing this space to the Dogwood Restaurant. Their total investment is expected to exceed $20,000 in improvements to this portion of the lot to develop a retaining wall elevation as well as the brick paver patio on top and other improvements to make it attractive and fit into the current aesthetics that we set for that site. We Economic Development Committee. closed at 7:16 p.m. Council Member Stovall made a motion to approve seconded by Vice Mayor McCarty Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Public Hearing Closed Adopted Resolution No. 2387 granting of a 060.16-02-15.00 The next item on the agenda was a briefing on the Petition of Giacomo Montuori for a Special Use Vinton, Virginia, Tax Map Number 060.20-05- 64.00-0000, zoned GB General Business District Nathan McClung first commented that the SUP is for an arcade for the New York Pizza Restaurant in dry-cleaning establishment. They are proposing an arcade in conjunction with an ice-cream and coffee shop with a drive-thru. In 2016 a site plan was approved for the drive-thru with the ice-cream never completed. The Town has now been approached by Mr. Montuori to p It is intended to be a family- the umbrella of the New York Pizza Restaurant and can be accessed from the patio area between the two buildings. 5 Our zoning ordinance requires arcade uses to go through the special use process and the definition of a commercial indoor amusement is contained in also have to go through a change of use permit per the Roanoke County Building Commissioner for the arcade use. The property is located in our General Business District which is tailored to accommodate with the existing uses surrounding it and the general characteristics of the corridor and the intent of the GB District. Mr. McClung next showed and commented on the building plans that were approved in 2017. The would use between 1,200-1,700 square feet for the arcade use. The Planning Commission will hold a Work Session and Public Hearing 19, 2020 and Council will hold their Public Hearing 2020 meeting. The next item on the agenda was to consider adoption of a Resolution approving a new Residency Policy Treasurer and Chief of Police. The Acting Town Manager commented that in 2016 Council adopted Treasurer, Chief of Police and Fire Chief that those appointed positions would reside within the Town’s boundaries and would be required to do so within a 12-month period of being hired. Council directed staff to modify the policy to re Town and update the residency requirement for the Police to be left to Council’s direction and defined by each of their respective employment agreements. Vice Mayor McCarty made a motion to approve the Resolution as presented; the motion was seconded by Council Member Liles Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Adopted Resolution No. 2388 approving a Manager, 6 Under Project Updates/Comments, the Acting Town Manager commented that the Town has been working with Rosie’s Gaming Emporium last several months on a potential new project and introduced Ernie Dellaverson, General Manager, on their expansion plan. Mr. Dellaverson next reviewed a presentation, which will be on file in the record. aspects of the expansion such as the walkway, drop-off lane, 276 spot parking garage and new bar area with a stage for live music. The expansion will also bring the entire gaming machine count from the current 150 to 500. They are hoping to start the project in January and have it completed by December of 2021. The existing facility will not shut down during construction and they have secured some temporary offices at the Lancerlot Mr. Peters asked Mr. Dellaverson if he could share an anticipated investment as well as a total number of new hires. Mr. Dellaverson responded they are still forecasting some of the numbers, but it will be in the millions. They currently stand at 70-75 employees during COVID, but can see a significant pandemic. The Mayor and Council Members made comments part of the Town. Under reports from Council Committees, Anne Committee which met on November 10, 2020. Ms. Cantrell next reviewed a PowerPoint presentation, which will be on file in the Town Clerk’s Office as a part of the permanent record commented that for September the revenues were higher than anticipated and the cash for September was the highest she had seen since in September she has been Treasurer. She also commented that the auditors make the full presentation to Council at their December 15, 2020 meeting. Ms. Cantrell further commented on the six Resolutions that were reviewed by the Committee 7 current frozen positions will be discussed with the other members of Council and an action item would be brought to December 1st. The Committee also approved the tentative FY2022 Budget Calendar. Council Member Stovall made a motion to approve the September Member Mullins and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Council Member Stovall made comments about the report and what a great asset the Ms. Cantrell and the Finance staff is to the Town. Approved the Report Under appointment to boards/commissions/ committees, Council Member Liles made a motion to appoint Richard W. Peters, Jr. Valley Resource Authority for an beginning November 17, 2020 and ending December 31, 2023; the motion was seconded by Council Member Stovall following roll call Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Appointed Roanoke Valley Resource Authority for an 2020 and ending December 31, 2023 The Mayor commented on staff, the recent Dentistry and expressed appreciation to the Vinton Area Chamber of Commerce. Comments from Council Members: Vice Mayor McCarty expressed appreciation to the Acting Town Manager for keeping Council updated, Adams for the coverage in The Vinton Messenger and for all of the exciting things going on in Town; Council Members Liles, Mullins and Stovall echoed the comments that had been made and expressed appreciation to Town staff. Council Member Stovall made a motion to adjourn the meeting; the motion was seconded by Council Member Liles and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. The meeting was adjourned at 7:56 p.m. Regular Meeting adjourned 8 APPROVED: ________________________________ Bradley E. Grose, Mayor ATTEST: ______________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date December 15, 2020 Department Public Works Issue Consider adoption of a Resolution appropriating funds in the amount of $1,665.00 for the receipt of an insurance claim due to damage to a piece of equipment. Summary On September 11, 2020, a skid steer incurred damage when being used to unload a shipment in the Public Works garage. A check in the amount of $1,665.00 has been received from Virginia Risk Sharing Association (VRSA) and deposited in Revenue Account 300.1901.001 Recoveries and Rebates. This check is for the payment of property damage loss less the deductible of $250.00 on a Case Skid Steer. It is necessary to appropriate the $1,665.00 to Public Works, Water System Maintenance Account 300.9410.304 Maintenance and Repairs – Equipment in order to pay the repair invoices when received. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, DECEMBER 15, 2020, AT 7:00 P.M., BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED WHEREAS, on September 11, 2020, a skid steer was damaged in the Public Works garage; and WHEREAS, the proper insurance filing was made to the Virginia Risk Sharing Association (VRSA) and the amount less the $250.00 deductible has been received into the Revenue Account 300.1901.001– Recoveries and Rebates in the amount of $1665.00; and WHEREAS, in order that Lawrence Equipment, Inc. can be paid when the invoice is received, it is necessary for the Vinton Town Council to appropriate the funds from the Revenue Account 300.1901.001 – Recoveries and Rebates to the Public Works Operating Budget Account Number 300.9410.304 Maintenance and Repair of Equipment. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the following transaction: BUDGET ENTRY GENERAL LEDGER: 300.25100 Appropriations $1665.00 300.25000 Estimated Revenue $1665.00 FROM REVENUE: 300.1901.001 Recoveries and Rebates $1665.00 TO EXPENDITURE: 300.9410.304 Maintenance & Repair of Equipment $1665.00 This Resolution adopted on motion made by Council Member______ , seconded by Council Member ___________________, with the following votes recorded: AYES: NAYS: APPROVED: Bradley E. Grose, Mayor ATTEST: ______________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date December 15, 2020 Department Finance/Treasurer Issue Consider adoption of an Ordinance authorizing holiday and service award bonuses and authorizing the transfer of funds from the General Fund up to the amount of $4,283.03, from the Utility Fund up to the amount of $1,227.16, and from the Stormwater Fund up to the amount of $367.52 Summary Section 15. 2- 1508 of the 1950 Code of Virginia, as amended, authorizes the governing body of any locality to pay monetary bonuses to its officers and employees. Town Staff has requested that Council consider the payment of holiday and service award bonuses to Town officers and employees, said bonuses to be paid on December 17, 2020. The Finance Committee has reviewed the Ordinance and recommends approval by Council. Attachments Ordinance Recommendations Motion to adopt Ordinance Town Council Agenda Summary 1 ORDINANCE NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, DECEMBER 15, 2020, AT 7:00 P.M. BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED WHEREAS, Section 15. 2- 1508 of the 1950 Code of Virginia, as amended, authorizes the governing body of any locality to pay monetary bonuses to its officers and employees; and WHEREAS, the Vinton Town Council deems that it is in its best interests to authorize the payment of bonuses to Town officers and employees and would like to make these payments on December 17, 2020. NOW THEREFORE, BE IT ORDAINED by the Council of the Town of Vinton, Virginia as follows: 1. The Town Manager is hereby authorized to pay a bonus to all Town of Vinton employees as follows: a. All regular Full-Time and regular Part-Time employees shall receive a $55.00 holiday bonus. b. All regular Full-Time employees who are eligible shall receive a service award bonus according to the Town of Vinton Employee Handbook. c. Such total payments from the General Fund may be up to the amount of $4,283.03, from the Utility Fund may be up to the amount of $1,227.16, and from the Stormwater Fund may be up to the amount of $367.52. 2. Town employees qualifying for any bonus are further defined as regular full-time and regular part-time employees who are in an active pay status at the time the bonus is paid. 3. The Vinton Town Council does hereby approve the transfers as shown on the attached Budget Transfers Detail Listing. This Ordinance adopted on motion made by ______________________ and seconded by ____________________, with the following votes recorded: AYES: NAYS: 2 APPROVED: ______________________________________ Bradley E. Grose, Mayor ATTEST: _____________________________________ Susan N. Johnson, CMC, Town Clerk BUDGET TRANSFER DETAIL - HOLIDAY BONUS AND SERVICE AWARDS TO GL Account Description Amount 200.1100.101 Salaries & Wages 275.00 200.1100.201 SS & Medicare 21.04 200.1200.101 Salaries & Wages 63.75 200.1200.201 SS & Medicare 4.88 200.1203.101 Salaries & Wages 19.25 200.1203.201 SS & Medicare 1.47 200.1214.101 Salaries & Wages 140.00 200.1214.103 PT Salaries & Wages 22.00 200.1214.201 SS & Medicare 12.40 200.1221.101 Salaries & Wages 45.10 200.1221.201 SS & Medicare 3.45 200.3101.101 Salaries & Wages 1,649.80 200.3101.201 SS & Medicare 126.20 200.3501.101 Salaries & Wages 71.50 200.3501.201 SS & Medicare 5.47 200.4101.101 Salaries & Wages 461.00 200.4101.201 SS & Medicare 35.27 200.4105.101 Salaries & Wages 11.55 200.4105.201 SS & Medicare 0.88 200.4108.101 Salaries & Wages 9.90 200.4108.201 SS & Medicare 0.76 200.4203.101 Salaries & Wages 317.55 200.4203.201 SS & Medicare 24.30 200.4206.101 Salaries & Wages 66.00 200.4206.201 SS & Medicare 5.05 200.4304.101 Salaries & Wages 11.00 200.4304.201 SS & Medicare 0.84 200.7101.101 Salaries & Wages 30.25 200.7101.103 PT Salaries & Wages 46.20 200.7101.201 SS & Medicare 5.85 200.7103.101 Salaries & Wages 90.75 200.7103.103 PT Salaries & Wages 128.15 200.7103.201 SS & Medicare 16.75 200.7107.101 Salaries & Wages 46.75 200.7107.103 PT Salaries & Wages 100.65 200.7107.201 SS & Medicare 11.28 200.7108.103 PT Salaries & Wages 55.00 200.7108.201 SS & Medicare 4.21 200.8101.101 Salaries & Wages 290.00 200.8101.201 SS & Medicare 22.18 200.8150.101 Salaries & Wages 27.50 200.8150.201 SS & Medicare 2.10 300.9400.101 Salaries & Wages 166.75 300.9400.201 SS & Medicare 12.76 300.9405.101 Salaries & Wages 191.50 300.9405.103 PT Salaries & Wages 88.00 300.9405.201 SS & Medicare 21.37 300.9410.101 Salaries & Wages 381.35 300.9410.201 SS & Medicare 29.18 300.9500.101 Salaries & Wages 271.10 300.9500.103 PT Salaries & Wages 41.25 300.9500.201 SS & Medicare 23.90 600.6200.101 Salaries & Wages 53.65 600.6200.201 SS & Medicare 4.10 600.6202.101 Salaries & Wages 60.50 600.6202.201 SS & Medicare 4.63 600.6205.101 Salaries & Wages 227.25 600.6205.201 SS & Medicare 17.39 FROM GL Account Description Amount 200.2402.001 State Sales Tax 4,283.03 300.9900.407 Contingency Reserve 1,227.16 600.6200.302 Contractual Services 367.52 Meeting Date December 15, 2020 Department Council Issue Recognition of Barry W. Thompson, Town Manager Summary Barry W. Thompson, Town Manager, will retire on December 31, 2020. Council will recognize him at the meeting Attachments None Recommendations None Town Council Agenda Summary Meeting Date December 15, 2020 Department Community Programs Issue Consideration of public comments concerning the proposed rate changes for the Vinton War Memorial to be effective January 1, 2021 Summary On December 18, 2018, Council adopted a new Rental Rate Schedule by Resolution No. 2278 for the Vinton War Memorial. On occasion the War Memorial Staff receives a request to rent the parking lot and the kitchen area and would like to update the Rental Rate Schedule to reflect these rental fees along with adding an Administrative Fee for processing refunds when events are cancelled. The Finance Committee has reviewed the request from the War Memorial and recommends approval by Council. Attachments Resolution Recommendations Conduct Public Hearing Motion to adopt Resolution Town Council Agenda Summary PROPOSED Rental Rate Schedule Effective January 1, 2021 The rates listed below are maximum set rates and are subject to change based on the circumstances of each event. Hourly rates and non-profit rates are available upon request. Additional time can be rented on a pro-rated hourly rate schedule. This proposal would be effective for all new bookings made after January 1, 2021. Bookings made prior to this date would be honored at the old rates. Business/Individual Rental Rates Weekday Rate 8 Hour Block $450 $550 $650 4 Hour Block $250 $350 $450 Hourly Rate $75 $95 $120 Weekend Rate 8 Hour Block $550 $650 $850 4 Hour Block $350 $450 $650 Hourly Rate $95 $120 $170 Wedding*/Special Event Rental Rates Friday & Saturday $3,500 Saturday Only $2,800 Sunday Only $2,500 *Weddings require a $500.00 non-refundable deposit **Campus includes access to entire facility, linens, decorations, etc. Miscellaneous Rental Rates/Fees Parking Lot (Per Day) $80.00 Kitchen* 4 Hour Block $20.00 8 Hour Block $40.00 Administrative Fee $40.00 For processing refunds *Requires one-time $150.00 non-refundable damage deposit Town of Vinton Employees, Non-Profit Organizations, and Veterans eligible for 10% discount. RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, DECEMBER 15, 2020, AT 7:00 P.M., BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED WHEREAS, on December 18, 2018, Council adopted a new Rental Rate Schedule by Resolution No. 2278 for the Vinton War Memorial; and WHEREAS, on occasion the War Memorial Staff receives a request to rent the parking lot and the kitchen area and would like to update the Rental Rate Schedule to reflect these rental fees along with adding an Administrative Fee for processing refunds when events are cancelled; and WHEREAS, the Finance Committee has reviewed the request from the War Memorial and recommends approval by Council. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the attached Rental Rate Schedule to be effective January 1, 2021. This Resolution was adopted on motion made by Council Member , seconded by Council Member , with the following votes recorded: AYES: NAYS: APPROVED: Bradley E. Grose, Mayor ATTEST: _________________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date December 15, 2020 Department Town Attorney Issue Briefing on proposal to sell and grant a franchise for an electric power transmission and distribution system throughout the Town of Vinton to AEP Appalachian Power Summary Staff was contacted earlier in the year by AEP Appalachian Power requesting a new 20-year franchise with the Town. The Town Attorney and legal counsel for AEP have negotiated a new franchise agreement. The Town Attorney will make brief comments on the proposed new franchise and answer any questions that Council might have. A Public Hearing Notice and Invitation to Bid will be advertised with proposals to be unsealed at the January 5, 2021 Council meeting. Attachment Draft Franchise Ordinance Recommendations No action required Town Council Agenda Summary {00389050.DOC } 1 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY ____________________, 2020, AT 7:00 P.M. BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED AN ORDINANCE PROPOSING TO SELL AND GRANT A FRANCHISE FOR AN ELECTRIC POWER TRANSMISSION AND DISTRIBUTION SYSTEM IN THE TOWN OF VINTON, VIRGINIA, AND INVITING BIDS THEREFORE. BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF VINTON, VIRGINIA: That, pursuant to Section 15.2-2101 of the Code of Virginia (1950, as amended), a franchise granting permission for the construction, maintenance and operation of an electric power transmission and distribution system, with all rights incident thereto, on, along, over, upon and under the streets and other public places of the said Town, subject to the conditions as hereinafter more specifically set forth, be and the same is hereby proposed to be sold and that written bids addressed and delivered to the Mayor of said Town, and as such, are hereby invited and will be received for such franchise, on the __________ day of ________, 2020 at ____P.M., and upon the passage of this ordinance the Clerk of Council thereof is hereby directed to cause a descriptive notice of the ordinance proposing to make the grant, be published once a week for two consecutive weeks in The Vinton Messenger, a newspaper published of general circulation in the Town of Vinton, Virginia, prior to the said _______ day of _______, 2020, the cost of said advertisement to be paid by the Town of Vinton, Virginia, which shall be reimbursed by the person or corporation to whom the grant of such franchise is finally made, if made, but the right to reject any and all bids is hereby reserved to said Town. The said franchise proposed to be sold and for which bids will be received on the day and hour aforesaid, and if sold, proposed to be granted, shall be substantially as follows: BE IT ORDAINED by the Town Council of the Town of Vinton, Commonwealth of Virginia, and it is hereby ordained by authority of the same that: 1. Town Council grants to _____________________ a franchise in the following form: {00389050.DOC } 2 Section I. Definitions (a) The following words and phrases shall have the following meanings, unless a contrary intent appears from the context of the provisions used. "Town" means the Town of Vinton, Virginia. (b) "Grantee" means _________________. (c) "Street" means the public streets, alleys, avenues, highways, bridges, public utility easements and other public ways or places owned by or subject to the control of the Town of Vinton, in the Town, and such locations in public parks, greenways/trails, and public places of and in the Town as are on ______________, 2020, occupied by poles, towers, wires, conduits, lines, manholes, cable, equipment and appliances used for the purpose of distributing, transmitting, supplying and selling electric current. (d) "In the Streets" shall include "under, along, or over the Streets," when the physical situation so applies. (e) "Facilities" means the wires, conduits, lines, poles, towers, manholes, cables, fixtures, and equipment, and all necessary appurtenances and appendages thereto, for the provision of electric service. Section II. Grant Authority, Term Subject to the provisions, conditions and restrictions set forth within this ordinance, the Council grants to Grantee the right to acquire, construct, repair, replace, and operate Grantee's electrical Facilities in the Streets of the Town, such right to commence on ______________, 2020, and continuing twenty (20) years thereafter (the "initial Term"). The franchise shall be automatically renewed for one additional twenty (20) year period (the “renewal Term”) unless one party provides the other with written notice of its intention not to renew this franchise at least six (6) months prior to the expiration of the initial Term. The initial Term and the renewal Term collectively shall be referred to herein as the “Term.” The rights and privileges herein set forth are granted and conferred upon the Grantee upon the express condition and understanding that it will render to the public in the Town, at all times during the Term of this franchise, adequate and efficient electric service at reasonable rates and that it will maintain its properties, works, structures and Facilities located within the Town in good order throughout the Term of this franchise. Section III. Nondiscrimination Grantee shall make its services available to any customer within its service area who shall request such service, without discrimination as to the terms, conditions, rates or charges for its electric services; provided, however, that nothing shall prohibit Grantee from making any reasonable classifications among differently situated customers. {00389050.DOC } 3 Section IV. Territorial Area Involved The franchise relates to the present territorial limits of the Town and to any area added to the territorial limits of the Town during the Term of this franchise. Section V. Rights granted; franchise nonexclusive This franchise shall be nonexclusive. Nothing herein shall be deemed to convey any right, title or interest in the Streets or other public rights-of-way, but shall be deemed a franchise only to use and occupy the Streets or other public rights-of-way for the limited purposes and Term stated herein. Nothing in this franchise shall be construed to prevent the Town from constructing, maintaining, repairing or relocating sewers; grading, paving, maintaining, repairing, relocating and/or altering any Street; constructing, laying down, repairing, maintaining or relocating any water mains; or constructing, maintaining, relocating, or repairing any sidewalk or other public work. Further, this franchise shall not be construed as any warranty of title. Section VI. Use of Streets (a) Grantee shall have the right to open and excavate in the Streets subject to the terms and conditions specified herein and those prescribed by the general ordinances and laws of the Town and the Commonwealth of Virginia from time to time adopted. (b) Grantee shall obtain a permit from the Town prior to opening the surface of any Street. The Town shall grant or deny the permit within forty-five days from application. If the Town denies an application, it shall state the reasons therefore in writing, with the actions required to cure the denial. In opening the surface of any Street and in making any excavation therein for any purpose, the Grantee shall not unnecessarily obstruct or impede traffic upon the streets and shall avoid any interference with, or injury to, the water and sewer mains and lines of the Town or any facilities of any public utility. (c) Whenever the Grantee shall open or excavate in the Streets, it shall act diligently in completing the necessary work and immediately after completion of the work it shall refill such opening or excavation in a manner acceptable to the Town. Grantee at its own expense shall promptly restore, in accordance with the standards of the Virginia Department of Transportation, pavement, sidewalks, curbs, gutters, or other portions of Streets or public ways damaged, disturbed or destroyed by such work. (d) Grantee shall have the right to remove, trim, cut and keep clear of its Facilities the trees located in/or over the Streets. Grantee shall not cut, remove, trim, or otherwise injure such trees to any greater extent than is reasonably necessary for the installation, maintenance and use of its Facilities in accordance with the National Electrical Safety Code, generally accepted industry standards and any rules adopted by the Virginia State Corporation Commission. (e) In an emergency, Grantee may conduct any maintenance, repair/or other remedial measures without notice to Town. As soon after the termination of the emergency as is reasonably possible, Grantee shall report in writing to the Town any such emergency operations. {00389050.DOC } 4 Section VII. Consumer Utility Taxes Grantee shall collect and remit (i) the Town's consumer utility tax authorized by Virginia Code § 58.1-3814 et seq. and any successor provisions and (ii) the Town's portion of the consumption tax authorized by Virginia Code § 58.1-2900 et seq. and any successor provisions and (iii) any other similar taxes or fees that may be enacted during the Term of this franchise. Section VIII. Franchise subject to local and state laws The rights and privileges granted herein are expressly and continuously subject to the conditions, limitations and provisions contained in the general ordinances and Code of the Town of Vinton and the laws of the Commonwealth of Virginia so far as they may be applicable to this franchise, and so far as they may be applicable to Grantee. This franchise is subject to any and all ordinances and laws that may be hereafter passed by the Town of Vinton and the Commonwealth of Virginia in the exercise of the powers vested in the Town and Commonwealth, insofar as such ordinances and laws may be applicable to Grantee. Section IX. Insurance and Bond Requirements (a) Grantee will obtain and maintain during the Term of this franchise the insurance and bonds required by this section. Any required insurance or bond shall be effective prior to the beginning of any work within the Town. Grantee shall maintain liability insurance in the amounts of: (1) One Million Dollars ($1,000,000.00) for bodily injury or death to any one (1) person; (2) Three Million Dollars ($3,000,000.00) for bodily injury or death resulting from any one accident; (3) Three Million Dollars ($3,000,000.00) for all other types of liability. (b) All insurance shall meet the following requirements: (1) The Grantee shall furnish the Town a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. Certificates of insurance shall include any insurance deductibles. (2) The required certificate or certificates of insurance shall include substantially the following statement: "The insurance covered by this certificate shall not be canceled or materially altered, except after thirty (30) days written notice has been received by the Town of Vinton." (3) Insurance coverage shall be in a form and with an insurance company approved by the Town which approval shall not be unreasonably withheld. {00389050.DOC } 5 Any insurance company providing coverage shall be authorized to do business in the Commonwealth of Virginia. (c) At the end of five (5) years from the grant of the franchise the Town shall have the right to require increases in the amounts of insurance specified above. Any adjustments shall bear a reasonable relation to any change in the cost of living or cost of repair or replacement, as measured by changes in the Consumer Price Index of the United States Bureau of Labor Statistics applicable to the Commonwealth of Virginia or comparable measure if the Consumer Price Index is no longer being used. (d) To secure its obligations under this franchise, Grantee shall post and maintain for the Term of its franchise a performance bond or letter of credit in favor of the Town in the amount of twenty-five thousand dollars ($25,000.00). The bond or letter of credit shall be conditioned upon the faithful performance by Grantee of all terms and conditions of the franchise. A bonding company licensed to do business in the Commonwealth of Virginia shall issue the bond, or a bank authorized to do business in the Commonwealth of Virginia shall issue the letter of credit. The bond or letter of credit shall be in a form approved by the Town Attorney and it shall contain the following endorsement: "It is hereby understood and agreed that this bond may not be canceled without the consent of the town until sixty (60) days after receipt by the town by registered mail, return receipt requested, of a written notice of intent to cancel or not to renew." (e) So long as Grantee has either (i) assets in excess of $25 million or (ii) annual gross revenue in excess of $20 million, the Grantee may elect, upon notice to and approval by the Town, to meet the insurance requirements of subsections (a) through (c), inclusive, through a program of corporate risk management that combines self-insured retention and commercial insurance. If the Grantee makes this election, the Grantee shall provide the town with a written description of its corporate risk management program, including the breakdown between self- insured retention and commercial insurance. Section X. Liability Grantee shall indemnify, defend, and keep and hold the Town free and harmless from any liability on account of injury or damage to persons or property growing out of or directly or indirectly resulting from (a) Grantee's use of the Streets for the purposes authorized by this franchise; (b) Grantee's acquisition, construction, reconstruction, erection, installation, operation, maintenance, repair or extension of Grantee's Facilities; (c) Grantee's exercise of any right or privilege granted by or under this franchise or (d) Grantee's failure, refusal, or neglect to perform any duty imposed upon or assumed under this franchise. Notwithstanding the foregoing, Grantee shall not indemnify the Town for any liability arising out of the sole or reckless conduct of the Town or any of its employees, agents or contractors. In the event that any suit or proceeding arising out of (a) through (d) of this Section shall be brought against the Town, either independently or jointly with Grantee on account thereof, Grantee, upon notice given to it by the Town, will defend the Town in any such action or other proceeding, at the cost of the Grantee. In the event of a final judgment being awarded against the Town in any such proceeding, either independently or jointly with Grantee, then Grantee will pay such judgment or will comply with such decree, pay all costs and expenses of whatsoever nature and hold the Town harmless. {00389050.DOC } 6 Section XI. Street Vacation or Abandonment (a) In the event that any Street or portion thereof used by Grantee shall be vacated by the Town or the use thereof discontinued by Grantee, during the Term of this franchise, Grantee shall, at Grantee's expense, forthwith remove its Facilities unless specifically permitted by the Town to continue the same, and on the removal thereof restore, repair or reconstruct the Street area where such removal has occurred, and place the Street area where such removal has occurred to a condition similar to that existing before such removal took place. In the event of failure, neglect or refusal of Grantee, after thirty (30) days’ notice from the Town, to remove any Facilities or to repair, restore, reconstruct, improve or maintain such street portion, the Town may do such work or cause it to be done, and the cost thereof as found and declared by the Town shall be paid by Grantee as directed by the Town and collection may be made by any available remedy, including without limitation calling on the bond required under Section IX. (b) The Town will notify Grantee of any proposed Street vacation. If Grantee notifies the Town that it has Facilities within the subject Street, and if the Facilities are presently in use, then the Town will not vacate the right of way without reserving a public utilities easement. Section XII. Street Construction or Relocation of Facilities (a) In the event it is necessary temporarily to move or remove any of Grantee's Facilities to lawfully move a large object, vehicle, building or other structure over the Streets of the Town, upon two (2) weeks’ notice by the Town to Grantee, Grantee shall move, at the expense of the person requesting the temporary removal, such Facilities as may be required to facilitate such movements. (b) In the event it is necessary temporarily to move or remove any of Grantee's Facilities to effect any repair of Town property, upon two (2) weeks’ notice by the Town to the Grantee or upon such shorter time period as may be available in an emergency as deemed by the Town, Grantee shall move, at its expense, such Facilities as may be required to facilitate such repair. Should Grantee fail, refuse or neglect to comply with such notice, the Facilities may be moved or removed by the Town, the cost of which shall be paid for by the Grantee, and the Town shall not be liable to the Grantee for any damages resulting from such removal, alteration or relocation. (c) Nothing in this franchise abrogates the right of the Town to perform any construction, relocation, or major repairs or improvements to any Street, alley, public place or other public property. Whenever the Town or any of its departments, agents, or employees shall perform any construction , relocation, or major repairs or improvements to a street, alley, public place or other public property, then the Grantee shall, within a reasonable time based on the size and scope of work, relocate its Facilities located in the Streets or any other Public Rights-of-Way in a like-for-like manner at the Grantee's expense to new locations as necessary to accommodate the Street or drainage construction. The Town shall use its best efforts to design its Streets and related drainage systems to minimize the impact on Grantee Facilities. The Town shall work with the Grantee to modify designs as reasonably necessary to minimize the need to relocate Grantee Facilities. {00389050.DOC } 7 Section XIII. Amendment Without limiting any other Grantee obligation or Town right under this ordinance, abandoned poles, towers, and other Facilities are hereby declared to be public nuisances and shall be abated as provided in this Section. A pole, tower, or other Facility will be presumed to have been abandoned if: (i) the pole, tower or other Facility has been functionally replaced by another pole, tower or Facility, or (ii) if the pole, tower or other Facility has gone unused by Grantee for a continuous period of 90 days or more. Grantee shall, within 30 days of abandoning a pole, tower, or other Facility, remove the abandoned pole, tower, or other Facility. In the event of a failure, neglect or refusal by Grantee to remove any abandoned pole, tower, or other Facility under this Section, the Town may do such work or cause it to be done, and the cost thereof as found and declared by the Town shall be paid by Grantee as directed by the Town and collection may be made by any available remedy, including without limitation calling on the bond required under Section IX. Section XIV. Amendment This franchise may be amended upon the written agreement of the parties. Each party shall be responsible for its own costs and expenses related thereto. Section XV. Forum Selection By virtue of accepting this franchise, Grantee agrees and submits itself to a court of competent jurisdiction in Roanoke County, Virginia and further agrees that this franchise is controlled by the laws of the Commonwealth of Virginia or any applicable federal laws and that all claims, disputes, and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia or any applicable federal laws. Section XVI. Approval of Transfer Subject to the prior written approval by resolution of the Vinton Town Council, which approval shall not be unreasonably withheld or delayed, all rights and privileges hereby granted to Grantee may be exercised by any successor or successors, assigns or assignees of the Grantee, and said successor or successors, assigns or assignees shall be subject to all provisions, obligations and stipulations and penalties herein prescribed. Approval of the Vinton Town Council shall not be required if such successor (s) or assign(s) is an affiliate or subsidiary of Grantee or an entity into which Grantee is merged or consolidated or which acquires substantially all of Grantee's assets and property as a going concern; provided that any such entity assumes all of the obligations and liabilities of Grantee hereunder and first agrees in writing to be governed by and subject to this franchise and its provisions, mutatis mutandis. Section XVII. Provisions Inconsistent with General Laws Where any provision of this franchise is in conflict with any federal, state or local law or of any other duly constituted body or commission legally authorized to prescribe rules governing the conduct of the Grantee within the Town, so that the Grantee cannot reasonably comply with both the provisions of this franchise and the law or rule of such commission or body, then the {00389050.DOC } 8 Grantee shall comply with such law or specific rule instead of the conflicting provision of this franchise, but the Grantee shall comply with each and all of the provisions of this franchise where such can be done without violating the law or rules of the said commission or body. Whenever Grantee has knowledge of such a conflict, Grantee shall immediately notify the Town Manager in writing. Section XVIII. Severability If any section, subsection, sentence, clause, phrase or portion of this franchise is for any reason held invalid by any court or agency of competent jurisdiction, such portion shall be deemed a separate distinct and independent provision and such holding shall not affect the validity of the remaining portions of the franchise. Section XIX. Default (a) If the Grantee willfully or negligently fails to do any material act required in this franchise, it shall be in default if it has not performed the act within 30 days after written notice from the Town specifying the default. (b) The Grantee may apply to the Town for additional time in which to cure a specified default, which permission will not be unreasonably withheld. Failure to cure within the specified extension shall place the Grantee in default. (c) If the Grantee is in default, it shall be liable to the Town for liquidated damages in the amount of $250.00 per occurrence. Each day the default continues shall be deemed a separate occurrence. (d) The Grantee shall not be in default if failure to perform is caused by circumstances beyond the Grantee's control, including but not limited to fire, windstorm, flood or other acts of God or other events beyond the Grantee's control, provided that the Grantee takes all reasonable steps to cure the failure to perform in as timely a manner as possible under the circumstances. (e) In addition to any other remedy available to it, the Town may, by ordinance, declare a forfeiture of this franchise if Grantee has defaulted on a material provision of this ordinance. Section XX. Notices All notices and other communications hereunder this ordinance shall be in writing and shall be deemed to have been given on the date of actual delivery if mailed, first class, certified mail, return receipt requested, postage paid to the following addresses: {00389050.DOC } 9 To the Town: To the Grantee: Town Manager _________________________ Town of Vinton _________________________ 311 Pollard Street _________________________ Vinton, Virginia 24179 _________________________ Section XXI. Method of Acceptance Grantee shall have thirty (30) days from the date of adoption of this ordinance to accept this franchise. 2. This Ordinance shall be and become effective immediately. This Ordinance adopted on motion made by ______________________ and seconded by _______________________, with the following votes recorded: AYES: NAYS: APPROVED: ___________________________________ Bradley E. Grose, Mayor ATTEST: _____________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date December 15, 2020 Department Finance Department/Treasurer Issue Presentation of the June 30, 2020 Comprehensive Annual Financial Report by Brown Edwards & Company, LLP and consider adoption of a Resolution approving and accepting said Report Summary Representatives of Brown Edwards have been working with the Treasurer/Finance Director in order to prepare the audited financial statements for the Town. The firm’s responsibility is to express an opinion on these financial statements based on their audit. In their opinion, the general purpose financial statements present fairly in all material respects, the financial position of the Town as of June 30, 2020 and the results of its operations and cash flows of proprietary fund types for the year ended in conformity with generally accepted accounting principles. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, DECEMBER 15, 2020, AT 7:00 P.M., BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED WHEREAS, Section 15.2-2511 of the 1950 Code of Virginia, as amended, requires that the Town issue annually a report on its financial accounts and records by a third party certified public accountant; and WHEREAS, the Finance Department/Treasurer’s Office worked with an independent third-party accounting firm of Brown Edwards & Company, L.L.P.; and WHEREAS, John Aldridge of Brown Edwards & Company has forwarded his firm’s 2020 audit to the Town Council for review; and WHEREAS, the firm’s opinion letter stated that the financial statements present fairly, in all material respects, the financial position of the Town as of June 30, 2020, and the results of the Town’s operations and cash flows of proprietary fund types for the year just ending on June 30, 2020, is in conformity with generally accepted accounting principles. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby receive and accept the Town’s June 30, 2020 audit. This Resolution adopted on motion made by Council Member _____________, seconded by Council Member _______________, with the following votes recorded: AYES: NAYS: APPROVED: ______________________________ Bradley E. Grose, Mayor ATTEST: _____________________________________ Susan N. Johnson, CMC, Town Clerk 1 Meeting Date December 15, 2020 Department Finance Department/Treasurer Issue Consider adoption of a Resolution authorizing the Town Manager to execute a Memorandum of Understanding and Certification for Receipt of Coronavirus Relief Fund Payments for the COVID- 19 Utility Relief Program Summary The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was passed by the United States Congress and signed into law by the United States President on March 27, 2020. A primary component of the CARES Act is the provision of funding assistance to state, local, territorial, and tribal governments for direct costs associated with the COVID-19 pandemic through the establishment of the Coronavirus Relief Fund (“CRF”). Consistent with the CARES Act, in November 2020, the General Assembly passed and Governor Northam signed into law the 2020 Special Session I Amendments to the 2020 Appropriation Act and Item 479.10 of this legislation appropriates $100 million from the Commonwealth’s CARES Act CRF allocation to establish a COVID-19 Utility Relief Program (“Program”) to help provide direct assistance to utility customers with accounts over 30 days in arrears. The Town of Vinton (“Town”) has been notified that it has been awarded federal CARES Act funds pursuant to the Appropriation Act mandated State Corporation Commission application process in the amount of $68,764.67 to assist with municipal utility customer relief for all eligible customers of the Town and Roanoke County (“County”) has agreed to act as the Town’s fiscal agent as required by the Virginia Department of Housing and Community Development (“DHCD”) to facilitate assistance to eligible customers and both parties have agreed to a Memorandum of Understanding (“MOU”). In order to receive the CRF Funding, the Town and County must also complete a Certification for Receipt of Coronavirus Relief Fund Payments. Both the County Attorney and the Town Attorney have reviewed and approved the MOU and Certification as to form. Roanoke County has this item on their December 15, 2020 agenda for consideration. Town Council Agenda Summary 2 Attachments Memorandum of Understanding Certification for Receipt of Coronavirus Relief Fund Payments Resolution Recommendations Motion to adopt Resolution 1 MEMORANDUM OF UNDERSTANDING FOR COVID-19 MUNICIPAL UTILITY RELIEF PROGRAM IMPLEMENTATION THIS MEMORANDUM OF UNDERSTANDING FOR COVID-19 MUNICIPAL UTILITY RELIEF PROGRAM IMPLEMENTATION (“Memorandum”) is made and entered into the ____ day of December 2020, by and between the COUNTY OF ROANOKE (the “County”), and the TOWN OF VINTON (the “Authority”) (each a “Party” and jointly the “Parties”). BACKGROUND A. Federal CARES Act Funds. In response to the COVID-19 pandemic disaster, the United States federal government enacted the Coronavirus Aid, Relief, and Economic Securities Act of 2020 (“CARES Act”) to provide funding for numerous programs to address the COVID-19 pandemic disaster, including $150 billion in assistance to states, local, territorial, and tribal governments for direct impacts of the COVID-19 pandemic disaster through the establishment of the Coronavirus Relief Fund (“CRF”). The Commonwealth of Virginia received approximately $3.1 billion as its share. B. Federally Authorized Uses. Section 5001 of the CARES Act provides that the CRF may be used by state and local governments to cover costs that: (i) are necessary expenditures incurred due the public health emergency with respect to COVID-19; (ii) were not accounted for in the budget most recently approved as of March 27, 2020 for the County (except as may be permitted by the CRF guidelines established by the United States Department of the Treasury); and (iii) were incurred during the period that begins March 1, 2020, and ends on December 30, 2020. C. Virginia’s Utility Relief Program. Consistent with the CARES Act, in November 2020, the General Assembly passed and Governor Northam signed into law the 2020 Special Session I Amendments to the 2020 Appropriation Act. Item 479.10 of this legislation appropriates $100 million from the Commonwealth’s CARES Act CRF allocation to establish a COVID-19 Utility Relief Program (“Program”) to help provide direct assistance to utility customers with accounts over 30 days in arrears. D. Authority’s CRF Award. As a water and/or wastewater service provider and eligible “municipal utility” within the meaning of the Program, the Authority applied to the State Corporation Commission (“SCC”) for a suballocation of the appropriated funds for the purpose of providing direct assistance to its customers in accordance with applicable federal and state laws, regulations and guidance (“CRF Rules”). The SCC and/or the Virginia Department of Housing and Community Development (“DHCD”) issued an award letter to Authority (Exhibit A hereto), committing to funding assistance for eligible customers of the Authority in a specified amount (“Authority CRF Funds”). E. Local Implementation. The County and the Authority desire to collaborate for the timely, effective and efficient implementation of the Program and provision of assistance to their eligible utility customers in accordance with the CRF Rules. The DHCD is responsible for assisting the SCC in the implementation of the Program and passing along awarded CRF funding to municipal utilities. On November 24, 2020, DHCD issued a guidance memorandum providing 2 additional information on the COVID-19 Municipal Utility Relief Program (“DHCD Guidance”), which requires that the award to the Authority be disbursed through a partnering city or county serving as the fiscal agent with the Virginia Department of Accounts (“DOA”). The County is willing to serve as the required fiscal agent to facilitate assistance to eligible customers experiencing economic hardship due to the COVID-19 pandemic. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and obligations set forth in this Memorandum, including the recitals set forth above which are a material part of this Memorandum, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Fiscal Agent. The County agrees to act as the Authority’s fiscal agent as required by DHCD for the limited purpose of this Program. 2. Joint Certification. The County, in its capacity as fiscal agent, agrees to make the certification required by DHCD substantially in the form as shown in Exhibit B hereto (or any modification thereto made by DHCD and found to be agreeable by the County). 3. Funds Pass-Through. The County agrees to transfer the Authority CRF Funds to the Authority promptly upon the County’s receipt of such funds from DOA. 4. Compliance and Recordkeeping by Authority. The Authority agrees to comply with all applicable CRF Rules and maintain records of its expenditures of the Authority CRF Funds for a period of five years and provide the County with copies of such records at no expense upon its request. 5. Repayment and Indemnification by Authority. If the United States or the Commonwealth lawfully requires repayment of some or all of the Authority CRF Funds, the Authority agrees to repay such amount to the County (or directly to the United States or the Commonwealth as applicable) for such purpose within twenty (20) days of any such requirement. In addition, Authority agrees to indemnify and hold the County harmless from any liability to the United States or the Commonwealth resulting from any act or omission of the Authority in its administration of the Authority CRF Funds, including as a result of any violation by the Authority of the CRF Rules. In the event that any suit or proceeding is brought against the County by the United States or the Commonwealth, the Authority, upon notice given to it by the County, will pay all costs of defending the County in any such action or other proceeding, including attorney’s fees. In the event of any settlement or any final judgment being awarded against the County, either independently or jointly with the Authority, the Authority will pay such settlement or judgment in full, pay all costs and expenses thereof, and hold the County harmless therefrom. The Authority shall bear no responsibility for the acts or omissions of the County or its officers or employees. 6. Return of Unexpended Authority CRF Funds. If all of the Authority CRF Funds are not expended to assist utility customers by any applicable deadline under the Program such that Authority is obligated to return unexpended funds to the Commonwealth, the Authority and the County shall coordinate to accomplish the return of such funds in a timely manner in accordance with the CRF Rules. 3 7. Acknowledgment of Required Information. In accordance with the DHCD Guidance and related federal requirements for pass-through entities (2 C.F.R. §200.332), Authority hereby acknowledges receipt of Exhibit C hereto and the additional information set forth therein. 8. Further Cooperation. The Parties shall continue to cooperate with each other as reasonably necessary to confirm or bring about the transfers contemplated by this Agreement. 9. Term. This Memorandum shall be in effect from the date on which it is executed by the Parties through June 30, 2021. 10. Governing Law; Severability. This Agreement shall be construed in accordance with and governed for all purposes by the laws of the Commonwealth of Virginia. If any word or provision of this Agreement as applied to any Party or to any circumstance is adjudged by a court to be invalid or unenforceable, the same shall in no way affect any other circumstance or the validity or enforceability of any other word or provision. 11. Entire Agreement; Amendments. This Agreement contains the entire integrated agreement between the Parties as to the subject matter hereof and supersedes all previous written and oral negotiations, commitments, proposals and writings. No amendments may be made to this Agreement except by a writing signed by both Parties. 12. Counterparts; Signatures; Copies. This Agreement may be executed in counterparts, both of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A facsimile or scanned signature may substitute for and have the same legal effect as an original signature. Any copy of this executed Agreement made by photocopy, facsimile or scanner shall be considered the original for all purposes. 13. Authorization. Each Party represents that its execution, delivery and performance under this Agreement have been duly authorized by all necessary action on its behalf, and do not and will not violate any provision of its charter or enabling legislation or result in a material breach of or constitute a material default under any agreement, indenture, or instrument of which it is a party or by which it or its properties may be bound or affected. [SIGNATURES TO FOLLOW] 4 IN WITNESS WHEREOF, the Parties hereto have caused the execution of this Memorandum of Understanding as of the date first written above. TOWN OF VINTON By: RICHARD W. PETERS, JR. ACTING TOWN MANAGER Approved as to form: ____________________________ Town Attorney COUNTY OF ROANOKE By: DANIEL R. O’DONNELL COUNTY ADMINISTRATOR Approved as to form: ____________________________ County Attorney __________________________________ Director of Finance Date [END OF SIGNATURES] December 7, 2020  VIA EMAIL  Anne Cantrell  Treasurer/Finance Director  Town of Vinton  Re:  Award Letter, Guidance, and Required Certification for COVID‐19 Municipal Utility Relief Program to  Assist Customers  Dear Anne Cantrell:  On behalf of Governor Northam, it gives me great pleasure to inform you that Town of Vinton has been  awarded federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act) funds pursuant to the  Appropriation Act mandated State Corporation Commission application process in the amount of  $68,764.67 to assist with municipal utility customer relief for all eligible customers of Town of Vinton. This  funding is being provided under CFDA 21.019 – Coronavirus Relief Funds (CRF). Additional details  concerning this program including guidance, requirements, and several model forms are included in the  following pages.  Additional guidance concerning this program has been included with this letter, including a model  customer intake form. Please read this carefully before proceeding with additional steps. Given the tight  timeline for utilization of these funds and to ensure each utility directly receives these funds in an  expedited manner you must return the attached certification in partnership with a city or county that will  act as the fiscal agent to receive the funds from the Department of Accounts (DOA) and the city or county  will then forward funds to the municipal utility to implement the program for the utility’s customers. Once  the project is complete, DOA will follow up regarding project outcomes and compliance. I want to reiterate  that it is incumbent on Town of Vinton and the partnering city or county to ensure project expenses are  properly documented and verified in case of audit.  For questions contact DHCD staff member David Conmy at utility@dhcd.virginia.gov.   Sincerely,  Erik Johnston  Director, Virginia Department of Housing and Community Development  CC:   David Von Moll, Comptroller, Department of Accounts  Encl:  COVID‐19 Municipal Utility Relief Program Guidance, Certification Form and Addendum, and  Model Customer Intake Form  MEMORANDUM OF UNDERSTANDING FOR MUNICIPAL UTILITY RELIEF PROGRAM IMPLEMENTATION EXHIBIT A 1 MEMORANDUM OF UNDERSTANDING FOR MUNICIPAL UTILITY RELIEF PROGRAM IMPLEMENTATION EXHIBIT B CERTIFICATION FOR RECEIPT OF CORONAVIRUS RELIEF FUND PAYMENTS BY COUNTY OF ROANOKE ON BEHALF OF THE TOWN OF VINTON We, the undersigned, represent the COUNTY OF ROANOKE (‘the County”) and are working in partnership with the TOWN OF VINTON (“the Municipal Utility”), and we certify that: 1. The intent is for this allocation to pass through the County directly to the Municipal Utility to serve all eligible Virginia Municipal Utility customers. The Customer Utility Relief Program Operator should develop a sub-agreement with the County fiscal agent that ensures they will be responsible for compliance with state and federal law. 2. We have the authority to request direct payment, on behalf of the Municipal Utility from the Commonwealth of Virginia, of revenues from the Coronavirus Relief Fund (CRF) pursuant to section 601(b) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116‐136, div. A, Title V (Mar. 27, 2020). 3. We understand that the Commonwealth of Virginia will rely on this certification as a material representation in making a direct payment to the County. 4. The County and Municipal Utility's proposed uses of the funds received as direct payment from the Commonwealth of Virginia under section 601(b) of the Social Security Act will be used only to cover those costs that: a. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID‐19); b. were not accounted for in the budget most recently approved as of March 27, 2020, for the Municipal Utility; and c. were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020. 5. Any funds that are not expended or that will not be expended on necessary expenditures incurred before December 30, 2020, by the Municipal Utility or its grantee(s), must be returned to Commonwealth of Virginia no later than January 29, 2021, and that the Commonwealth of Virginia is entitled to invoke State Aid Intercept to recover any such unexpended funds. 6. We understand that customer attestations of the COVID‐19 economic hardship must be obtained and saved by the Utility Relief Program before forgiving arrearages. 2 7. We understand that the Municipal Utility will not receive continued funding beyond December 30, 2020, from any source to continue paying expenses or providing services that were initiated or previously supported from CRF funds prior to December 30, 2020. 8. Funds received as a direct payment from the Commonwealth of Virginia pursuant to this Certification must adhere to official federal guidance issued or to be issued regarding what constitutes a necessary expenditure. 9. Up to five percent of funds allocated to individual localities may be used for direct administrative costs to support management of the Utility Relief Programs. 10. Any CRF funds expended by the Municipal Utility or its grantee(s) in any manner that does not adhere to official federal guidance or COVID‐19 Municipal Utility Relief Program guidance shall be returned to the Commonwealth of Virginia within 30 days of a finding that the expenditure is disallowed, and that the Commonwealth of Virginia is entitled to invoke State Aid Intercept on the County serving as fiscal agent to the partner Municipal Utility system to recover any and all such funds that are not repaid within 30 days of a finding that the expenditure is disallowed. 11. As a condition of receiving the CRF funds pursuant to this certification, the County on behalf of the Municipal Utility system shall retain documentation of all uses of the funds, including but not limited to payroll time records, invoices, direct administrative costs, and/or sales receipts. Such documentation shall be produced to the Commonwealth of Virginia upon request. 12. The County on behalf of the Municipal Utility system must maintain proper accounting records to segregate these expenditures from those supported by other fund sources and that all such records will be subject to audit. 13. Any funds provided pursuant to this certification cannot be used as a revenue replacement for lower than expected revenue collections from taxes, fees, or any other revenue source. 14. Fund payments may not be used for government revenue replacement, including the replacement of unpaid Municipal Utility fees. 15. Any CRF funds received pursuant to this certification will not be used for expenditures for which the Municipal Utility and its subrecipients have received funds from any other emergency COVID‐19 supplemental funding (whether state, federal, or private in nature) for that same expense nor may CRF funds be used for purposes of matching other federal funds unless specifically authorized by federal statute, regulation, or guideline. (Signature Page to Follow) 3 We certify that we have read the above certification and our statements contained herein are true and correct to the best of our knowledge. COUNTY OF ROANOKE TOWN OF VINTON DANIEL R. O’DONNELL RICHARD W. PETERS, JR. COUNTY ADMINISTRATOR ACTING TOWN MANAGER Please provide County DUNS number: 062353610 Please provide Municipal Utility DUNS number: 0101574052 4 CERTIFICATION ADDENDUM Federal Requirements for information to be included in agreement between County and Municipal Utility §200.332 Requirements for pass‐through entities. All pass‐through entities must: (a) Ensure that every subaward is clearly identified to the subrecipient as a subaward and includes the following information at the time of the subaward and if any of these data elements change, include the changes in subsequent subaward modification. When some of this information is not available, the pass‐through entity must provide the best information available to describe the Federal award and subaward. Required information includes: (1) Federal award identification. (Federal Coronavirus Aid. Relief and Economic Security Act (CARES ACT, Coronavirus Relief Fund)) (i) Subrecipient name (which must match the name associated with its unique entity identifier); Town of Vinton (ii) Subrecipient's unique entity identifier; 0101574052 (iii) Subaward Period of Performance Start and End Date; December 15, 2020 to January 29, 2021 (iv) Subaward Budget Period Start and End Date; December 15, 2020 to January 29, 2021 (v) Amount of Federal Funds Obligated by this action by the pass‐through entity to the subrecipient; $68,764.67 (vi) Total Amount of Federal Funds Obligated to the subrecipient by the pass‐ through entity including the current financial obligation; $1,482,150.67 (vii) Total Amount of the Federal Award committed to the subrecipient by the pass‐through entity; $1,482,150.67 (viii) Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA); Coronavirus Relief Fund: Municipal Utility Relief Program to Assist Customers (ix) Name of Federal awarding agency, pass‐through entity, and contact information for awarding official of the Pass‐through entity; U.S. Treasury Department/Roanoke County/Daniel R. O’Donnell (x) Assistance Listings number and Title; the pass‐through entity must identify the dollar amount made available under each Federal award and the Assistance Listings Number at time of disbursement; CFDA Number and Title are 21.09, Coronavirus Relief Funds (xi) Identification of whether the award is R&D; This is not R&D award (xii) Indirect cost rate for the Federal award (including if the de minimis rate is charged) per §200.414. No indirect costs can be charged by county/city or municipal utility 1 MEMORANDUM OF UNDERSTANDING FOR MUNICIPAL UTILITY RELIEF PROGRAM IMPLEMENTATION EXHIBIT C Pass-Through Information Requirements The following pass-through information requirements pertaining the subaward to Authority (i.e., the County’s transfer of the Authority CRF Funds) are set forth below in satisfaction of 2 C.F.R. §200.332 and as directed by the DHCD Guidance. The Federal Award Identification for funds (subaward) addressed by this Memorandum is the Federal Coronavirus Aid, Relief and Economic Security Act (CARES Act) / Coronavirus Relief Fund. (i) Subrecipient’s Name: TOWN OF VINTON (ii) Subrecipient’s Unique Entity Identifier: 0101574052 (iii) Federal Award Identification Number: CFDA 21.019 (iv) Federal Award Date: December 7, 2020 (v) Subaward Period of Performance Start and End Date: Start Date is Date of this Memorandum; End Date (deadline to return funds) is January 29, 2021 (vi) Subaward Budget Period Start and End Date: Start Date is Date of this Memorandum; End Date (deadline to return funds) is January 29, 2021 (vii) Amount of Federal Funds Obligated by this Action by the Pass-Through Entity to the Subrecipient: $68,764.67 (viii) Total Amount of Federal Funds Obligated to the Subrecipient by the Pass-Through Entity Including the Current Financial Obligation: $1,482,150.67 (ix) Total Amount of the Federal Award Committed to the Subrecipient by the Pass- Through Entity: $1,482,150.67 (x) Federal Award Project Description, as Required to be Responsive to the Federal Funding Accountability and Transparency Act (FFATA): Coronavirus Relief Fund: Municipal Utility Relief Program to Assist Customers (xi) (A) Name of Federal Awarding Agency: U.S. Treasury Department (B) Name of Pass-Through Entity: COUNTY OF ROANOKE (C) Contact Information for Awarding Official of the Pass-Through Entity: DANIEL R. O’DONNELL 5204 BERNARD DRIVE ROANOKE. VA 24018 2 (xii) Assistance Listings Number and Title (the pass-through entity must identify the dollar amount made available under each Federal award and the Assistance Listings Number at time of disbursement): CFDA Number and Title: 21.09, Coronavirus Relief Funds (xiii) Identification of Whether the Award is R&D Not R&D Award (xiv) Indirect Cost rate for the Federal Award (including if the de minimis rate is charged) per §200.414: N/A (no indirect costs can be charged by county/city or municipal utility) 1 RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, DECEMBER 15, 2020, AT 7:00 P.M., BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED WHEREAS, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was passed by the United States Congress and signed into law by the United States President on March 27, 2020; and WHEREAS, a primary component of the CARES Act is the provision of funding assistance to state, local, territorial, and tribal governments for direct costs associated with the COVID-19 pandemic through the establishment of the Coronavirus Relief Fund (“CRF”); and WHEREAS, consistent with the CARES Act, in November 2020, the General Assembly passed and Governor Northam signed into law the 2020 Special Session I Amendments to the 2020 Appropriation Act and Item 479.10 of this legislation appropriates $100 million from the Commonwealth’s CARES Act CRF allocation to establish a COVID-19 Utility Relief Program (“Program”) to help provide direct assistance to utility customers with accounts over 30 days in arrears; and WHEREAS, the Town of Vinton (“Town”) has been notified that it has been awarded federal CARES Act funds pursuant to the Appropriation Act mandated State Corporation Commission application process in the amount of $68,764.67 to assist with municipal utility customer relief for all eligible customers of the Town; and WHEREAS, Roanoke County (“County”) has agreed to act as the Town’s fiscal agent as required by the Virginia Department of Housing and Community Development (“DHCD”) to facilitate assistance to eligible customers and both parties have agreed to a Memorandum of Understanding; and WHEREAS, in order to receive the CRF Funding, the Town and County must also complete a Certification for Receipt of Coronavirus Relief Fund Payments. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby authorize the Town Manager to execute the Memorandum of Understanding and Certification for Receipt of Coronavirus Relief Fund Payments in a form substantially similar to the one presented to Council and approved by the Town Attorney. 2 This Resolution adopted on motion made by ________________, seconded by _____________________, with the following votes recorded: AYES: NAYS: APPROVED: ___________________________________ Bradley E. Grose, Mayor ATTEST: Susan N. Johnson, CMC, Town Clerk 1 CERTIFICATION FOR RECEIPT OF CORONAVIRUS RELIEF FUND PAYMENTS BY COUNTY OF ROANOKE ON BEHALF OF THE TOWN OF VINTON We, the undersigned, represent the COUNTY OF ROANOKE (‘the County”) and are working in partnership with the TOWN OF VINTON (“the Municipal Utility”), and we certify that: 1. The intent is for this allocation to pass through the County directly to the Municipal Utility to serve all eligible Virginia Municipal Utility customers. The Customer Utility Relief Program Operator should develop a sub-agreement with the County fiscal agent that ensures they will be responsible for compliance with state and federal law. 2. We have the authority to request direct payment, on behalf of the Municipal Utility from the Commonwealth of Virginia, of revenues from the Coronavirus Relief Fund (CRF) pursuant to section 601(b) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116‐136, div. A, Title V (Mar. 27, 2020). 3. We understand that the Commonwealth of Virginia will rely on this certification as a material representation in making a direct payment to the County. 4. The County and Municipal Utility's proposed uses of the funds received as direct payment from the Commonwealth of Virginia under section 601(b) of the Social Security Act will be used only to cover those costs that: a. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID‐19); b. were not accounted for in the budget most recently approved as of March 27, 2020, for the Municipal Utility; and c. were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020. 5. Any funds that are not expended or that will not be expended on necessary expenditures incurred before December 30, 2020, by the Municipal Utility or its grantee(s), must be returned to Commonwealth of Virginia no later than January 29, 2021, and that the Commonwealth of Virginia is entitled to invoke State Aid Intercept to recover any such unexpended funds. 6. We understand that customer attestations of the COVID‐19 economic hardship must be obtained and saved by the Utility Relief Program before forgiving arrearages. 7. We understand that the Municipal Utility will not receive continued funding beyond December 30, 2020, from any source to continue paying expenses or providing services that were initiated or previously supported from CRF funds prior to December 30, 2020. 8. Funds received as a direct payment from the Commonwealth of Virginia pursuant to this Certification must adhere to official federal guidance issued or to be issued regarding what constitutes a necessary expenditure. 2 9. Up to five percent of funds allocated to individual localities may be used for direct administrative costs to support management of the Utility Relief Programs. 10. Any CRF funds expended by the Municipal Utility or its grantee(s) in any manner that does not adhere to official federal guidance or COVID‐19 Municipal Utility Relief Program guidance shall be returned to the Commonwealth of Virginia within 30 days of a finding that the expenditure is disallowed, and that the Commonwealth of Virginia is entitled to invoke State Aid Intercept on the County serving as fiscal agent to the partner Municipal Utility system to recover any and all such funds that are not repaid within 30 days of a finding that the expenditure is disallowed. 11. As a condition of receiving the CRF funds pursuant to this certification, the County on behalf of the Municipal Utility system shall retain documentation of all uses of the funds, including but not limited to payroll time records, invoices, direct administrative costs, and/or sales receipts. Such documentation shall be produced to the Commonwealth of Virginia upon request. 12. The County on behalf of the Municipal Utility system must maintain proper accounting records to segregate these expenditures from those supported by other fund sources and that all such records will be subject to audit. 13. Any funds provided pursuant to this certification cannot be used as a revenue replacement for lower than expected revenue collections from taxes, fees, or any other revenue source. 14. Fund payments may not be used for government revenue replacement, including the replacement of unpaid Municipal Utility fees. 15. Any CRF funds received pursuant to this certification will not be used for expenditures for which the Municipal Utility and its subrecipients have received funds from any other emergency COVID‐19 supplemental funding (whether state, federal, or private in nature) for that same expense nor may CRF funds be used for purposes of matching other federal funds unless specifically authorized by federal statute, regulation, or guideline. (Signature Page to Follow) 3 We certify that we have read the above certification and our statements contained herein are true and correct to the best of our knowledge. COUNTY OF ROANOKE TOWN OF VINTON DANIEL R. O’DONNELL RICHARD W. PETERS, JR. COUNTY ADMINISTRATOR ACTING TOWN MANAGER Please provide County DUNS number: 062353610 Please provide Municipal Utility DUNS number: 0101574052 4 CERTIFICATION ADDENDUM Federal Requirements for information to be included in agreement between County and Municipal Utility §200.332 Requirements for pass‐through entities. All pass‐through entities must: (a) Ensure that every subaward is clearly identified to the subrecipient as a subaward and includes the following information at the time of the subaward and if any of these data elements change, include the changes in subsequent subaward modification. When some of this information is not available, the pass‐through entity must provide the best information available to describe the Federal award and subaward. Required information includes: (1) Federal award identification. (Federal Coronavirus Aid. Relief and Economic Security Act (CARES ACT, Coronavirus Relief Fund)) (i) Subrecipient name (which must match the name associated with its unique entity identifier); Town of Vinton (ii) Subrecipient's unique entity identifier; 0101574052 (iii) Subaward Period of Performance Start and End Date; December 15, 2020 to January 29, 2021 (iv) Subaward Budget Period Start and End Date; December 15, 2020 to January 29, 2021 (v) Amount of Federal Funds Obligated by this action by the pass‐through entity to the subrecipient; $68,764.67 (vi) Total Amount of Federal Funds Obligated to the subrecipient by the pass‐ through entity including the current financial obligation; $1,482,150.67 (vii) Total Amount of the Federal Award committed to the subrecipient by the pass‐through entity; $1,482,150.67 (viii) Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA); Coronavirus Relief Fund: Municipal Utility Relief Program to Assist Customers (ix) Name of Federal awarding agency, pass‐through entity, and contact information for awarding official of the Pass‐through entity; U.S. Treasury Department/Roanoke County/Daniel R. O’Donnell (x) Assistance Listings number and Title; the pass‐through entity must identify the dollar amount made available under each Federal award and the Assistance Listings Number at time of disbursement; CFDA Number and Title are 21.09, Coronavirus Relief Funds (xi) Identification of whether the award is R&D; This is not R&D award (xii) Indirect cost rate for the Federal award (including if the de minimis rate is charged) per §200.414. No indirect costs can be charged by county/city or municipal utility 1 Meeting Date December 15, 2020 Department Finance Department/Treasurer Issue Consider adoption of an Ordinance accepting and appropriating funds in the amount of $68,764.67 from the Commonwealth of Virginia for the COVID-19 Utility Relief Program distributed as a component of the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 Summary The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was passed by the United States Congress and signed into law by the United States President on March 27, 2020 and a primary component of the CARES Act is the provision of funding assistance to state, local, territorial, and tribal governments for direct costs associated with the COVID-19 pandemic through the establishment of the Coronavirus Relief Fund (“CRF”). Consistent with the CARES Act, in November 2020, the General Assembly passed and Governor Northam signed into law the 2020 Special Session I Amendments to the 2020 Appropriation Act and Item 479.10 of this legislation appropriates $100 million from the Commonwealth’s CARES Act CRF allocation to establish a COVID-19 Utility Relief Program (“Program”) to help provide direct assistance to utility customers with accounts over 30 days in arrears. The Town of Vinton (“Town”) has been notified that it has been awarded federal CARES Act funds pursuant to the Appropriation Act mandated State Corporation Commission application process in the amount of $68,764.67 to assist with municipal utility customer relief for all eligible customers of the Town and Roanoke County (“County”) has agreed to act as the Town’s fiscal agent as required by the Virginia Department of Housing and Community Development (“DHCD”) to facilitate assistance to eligible customers. Attachments Ordinance Recommendations Motion to adopt Ordinance Town Council Agenda Summary 1 ORDINANCE NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, DECEMBER 15, 2020, AT 7:00 P.M. BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED WHEREAS, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was passed by the United States Congress and signed into law by the United States President on March 27, 2020; and WHEREAS, a primary component of the CARES Act is the provision of funding assistance to state, local, territorial, and tribal governments for direct costs associated with the COVID-19 pandemic through the establishment of the Coronavirus Relief Fund (“CRF”); and WHEREAS, consistent with the CARES Act, in November 2020, the General Assembly passed and Governor Northam signed into law the 2020 Special Session I Amendments to the 2020 Appropriation Act and Item 479.10 of this legislation appropriates $100 million from the Commonwealth’s CARES Act CRF allocation to establish a COVID-19 Utility Relief Program (“Program”) to help provide direct assistance to utility customers with accounts over 30 days in arrears; and WHEREAS, the Town of Vinton (“Town”) has been notified that it has been awarded federal CARES Act funds pursuant to the Appropriation Act mandated State Corporation Commission application process in the amount of $68,764.67 to assist with municipal utility customer relief for all eligible customers of the Town; and WHEREAS, Roanoke County (“County”) has agreed to act as the Town’s fiscal agent as required by the Virginia Department of Housing and Community Development (“DHCD”) to facilitate assistance to eligible customers. NOW, THEREFORE, BE IT ORDAINED that the Vinton Town Council hereby approves the following: 1. That the sum of $68,764.67 set aside in the County’s Grant Fund for the Town in the Commonwealth’s CARES Act CRF allocation to establish a COVID-19 Utility Relief Program is formally accepted by the Town of Vinton; and 2. The sum of $68,764.47 is hereby appropriated to the Town’s Grant Fund to account for entries required for the CARES Act CRF allocation COVID-19 Utility Relief Program. 2 NOW, THEREFORE, BE IT FURTHER ORDAINED that the Vinton Town Council does hereby approve the following transaction: BUDGET ENTRY GENERAL LEDGER: 250.25100 Appropriations $68,764.67 250.25000 Estimated Revenue $68,764.67 FROM REVENUE: 250.1175.001 CARES ACT Utility Revenue $68,764.67 TO EXPENDITURE: 250.1175.513 CARES ACT Utility Expenditures $68,764.67 This Ordinance shall take effect from and after passage. This Ordinance adopted on motion made by ________________________, seconded by __________________, with the following votes recorded: AYES: NAYS: APPROVED: ______________________________ Bradley E. Grose, Mayor ATTEST: _____________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date December 15, 2020 Department Human Resources/Risk Management Issue Consider adoption of a Resolution approving the extension of the roll-over accrual date for vacation hours from December 31, 2020 to June 30, 2021 Summary Due to the COVID-19 Pandemic, there were few options for travel due to restrictions by the VDH and the CDC and fear of exposure. By extending the existing roll over date of December 31, 2020 to June 30, 2021, this will allow those employees with roll over vacation hours to retain those hours as vacation instead of being rolled over to sick time. Council was briefed on this request at their December 1, 2020 meeting Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, DECEMBER 15, 2020, AT 7:00 P.M., BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED WHEREAS, due to the COVID-19 Pandemic, there were few options for travel due to restrictions by the VDH and the CDC and fear of exposure; and WHEREAS, by extending the existing roll over date of December 31, 2020 to June 30, 2021, those employees with roll over vacation hours will be able to retain those hours as vacation instead of being rolled over to sick time. NOW, THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby approve extending the existing roll over date for vacation hours from December 31, 2020 to June 30, 2021. This Resolution adopted on motion made by Council Member __________________, seconded by Council Member ___________________, with the following votes recorded: AYES: NAYS: APPROVED: ____________________________________ Bradley E. Grose, Mayor ATTEST: _______________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date December 15, 2020 Department Finance/Treasurer Issue Finance Committee Summary The Finance Committee met on December 7, 2020 and the following items were discussed at the meeting: • October 2020 Financial Statements • War Memorial Rates • Towerpoint Preliminary Valuation • Utility Business Rules Document • FY21 Revenue Forecast • Utility Disconnect Moratorium • Credit Card Account Authorized Contacts • PW Insurance Claim Budget Resolution • Holiday Bonus & Service Awards Attachments October 2020 Financial Report Summary Recommendations Motion to approve October 2020 Financial Report Town Council Agenda Summary Financial Report Summary October 31, 2020 Budget Budget Posted Posted Balance YTD General Fund 200 Revenues 7,168,550 1,502,372 446,629 1,708,207 205,835 114% Expenditures 7,168,550 2,351,056 558,917 2,081,741 (269,314) 89% Revenues over/(under) Expenditures (848,683) (112,289) (373,534) Grant Fund 250 Revenues 4,000 4,240,078 107,098 171,732 (4,068,347) 4% Expenditures 4,000 4,240,078 24,892 235,369 (4,004,709) 6% Revenues over/(under) Expenditures - 82,206 (63,637) Utility Fund 300 Revenues 3,826,500 1,273,067 553,640 1,464,407 191,340 115% Expenditures 3,826,500 1,437,579 280,942 1,155,844 (281,736) 80% Revenues over/(under) Expenditures (164,513) 272,698 308,563 Capital Fund 400 Revenues 175,000 58,310 14,583 58,333 23 100% Expenditures 175,000 58,328 29,264 29,264 (29,064) 50% Revenues over/(under) Expenditures (18) (14,680) 29,070 Stormwater Fund 600 Revenues 499,477 166,426 41,623 166,492 67 100% Expenditures 499,477 149,926 46,705 145,362 (4,564) 97% Revenues over/(under) Expenditures 16,500 (5,081) 21,131 Total All Funds Revenues 11,673,527 7,240,253 1,163,573 3,569,171 (3,671,082) 49% Expenditures 11,673,527 8,236,967 940,719 3,647,579 (4,589,388) 44% Revenues over/(under) Expenditures (996,714) 222,854 (78,408)