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HomeMy WebLinkAbout2/16/2021 - Regular1 Vinton Town Council Regular Meeting Tuesday, February 16, 2021 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, February 16, 2021, 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, February 15, 2021. 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 minutes of the Regular Council Meeting of January 19, 2021 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 $4,133.00 received from a property owner for installation of a concrete driveway apron H. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS I. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. J. TOWN ATTORNEY K. TOWN MANAGER 1. BRIEFINGS a. Briefing on the 2021 Roanoke County Real Estate Reassessment – Ken Fay with Roanoke County Real Estate Valuation b. Briefing on the recommendation to issue Request for Proposals (RFPs) for debt funding for Town Capital Projects in the Utility Fund – Anne Cantrell/Courtney Rogers with Davenport & Company 2. ITEMS REQUIRING ACTION a. Consider adoption of an Ordinance to amend Article I, In General, of Chapter 62, Offenses and Miscellaneous Provisions, of the Vinton Town Code – Nathan McClung b. Consider adoption of a Resolution authorizing the Town Manager to execute a Memorandum of Understanding between the City of Roanoke, Town of Vinton, Counties of Roanoke and Botetourt, World Triathlon Corporation and Roanoke Valley Convention and Visitors Bureau for the 2021 Ironman 70.3 Race Support Services – Town Manager 3. PROJECT UPDATES/COMMENTS L. APPOINTMENTS TO BOARD/COMMISSIONS/COMMITTEES 1. Board of Zoning Appeals 2. Highway Safety Committee M. REPORTS FROM COUNCIL COMMITTEES 1. Finance Committee N. MAYOR O. COUNCIL P. ADJOURNMENT Reasonable efforts will be made to provide assistance or special arrangements to qualified individuals with disabilities in order to participate in or attend Town Council meetings. Please call (540) 983-0607 at least 48 hours prior to the meeting date so that proper arrangements may be made. 3 NEXT COMMITTEE/TOWN COUNCIL MEETINGS: March 2, 2021 – 7:00 p.m. – Regular Council Meeting March 5, 2021 – 1:00 p.m. – 5:00 p.m. – Council Retreat March 15, 2021 - 2:00 p.m. – Finance Committee Meeting March 10, 2021 – 8:30 a.m. – Public Works Committee Meeting Meeting Date February 16, 2021 Department Town Clerk Issue Consider approval of the minutes of the Regular Council Meeting of January 19, 2021 Summary None Attachments January 19, 2021 Recommendations Motion to approve minutes Town Council Agenda Summary 1 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, JANUARY 19, 2021, AT 7:00 P.M. 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 MEMBERS PRESENT: Bradley E. Grose, Mayor Sabrina McCarty, Vice Mayor Keith N. Liles Laurie J. Mullins Michael W. Stovall STAFF PRESENT: Pete Peters, Town Manager Susan N. Johnson, Executive Assistant/Town Clerk Jeremy Carroll, Town Attorney Anne Cantrell, Finance Director/Treasurer Fabricio Drumond, Police Chief Nathan McClung, Principal Planner Mandie Baker, Executive Assistant to the Police Chief The Vinton Town Council meeting was held 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 and announced there was a quorum of Council. The Town Clerk next announced the names of staff and others present, confirmed that the meeting was being held in acc Town Ordinance No. 1016 and Section 4-0.01(g) General Assembly and that everyone present was participating by electronic 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: announcement soon about the 2021 Festival and the Chamber is considering events in March and May announcement in the near future. Vice Mayor McCarty made a motion to approve the Consent Agenda as presented; the motion was Meeting of December 15, 2020 and the 2 the following vote, with all members voting: Vote 5- 0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. adopted Resolution No. 2404 transferring salaries and benefits in the amount of $983,508.00 reimbursed by the CARES Act Funding from the General Fund to the Capital Fund; adopted Resolution No. 2405 appropriating funds in the amount of $1,509.00 received to satisfy a five-year property recently sold and located at 107 South Pollard Street to the Façade Grant Account; adopted Resolution Vinton War Memorial Operating Supplies Account Under awards, introductions, presentations proclamations, Chief Drumond comments and introduced Brandon Settles, the new Police Officer in the Department, who was present at the meeting electronically. recently chosen as one of the Roanoker Magazine’s Top 40 under 40. Officer Alterio was present at the meeting electronically. promoted to Corporals in the Department. After brief Brandon Alterio, Corporal Dustin Bray and Corporal Andrew DiCarlo, who were all present at the meeting electronically. The next item under awards, introductions, p July 1, 2020 Department was the fifth year that the Department has received the award and expressed appreciation to all Town staff that contributed to the budget document. The next item on the agenda was a briefing to update on the meter and software upgrade project in the Utility Fund. Anne Cantrell reviewed a timeline, which was part of the agenda package and will be permanent record. Ms. Cantrell commented that a rate study was done with Davenport & Company in 2019, which was presented to Council and adopted 3 concerned due to the fact that one of the Town’s top five customers reduced their consumption by 80% Also, with the COVID- March of 2020, there was another concern because the Roanoke County S customer. Ms. Cantrell next commented that staff began having teleworking capability potential with the CARES Act funding and one of the eligible expenses was items This presented a great opportunity since our employees are out in the field and oftentimes are being approached by customers. B radio-read system, it will allow them to telework once the upgrade is complete. Approximately $365,000 was funded from the CARES Act to get the project Company will present debt options to the Town since we now feel more comfortable with our revenues and have a portion of the project accomplished with the CARES Act funding. By the first of May, we should have all of the funding from the debt and can begin paying to complete the remainder of the project. Ms. Cantrell further commented the hope is to have the project completed by Fall of 2021. The Finance Department is also doing an ERP software upgrade to include utility billing software and will be moving to Tyler MUNIS, which should be complete by January 2022. Ms. Cantrell next turned the meeting over to Dave Miller with Core & Main for his presentation. Mr. Miller next reviewed a PowerPoint presentation, which was a part of the agenda package and will be on file in the Town Clerk’s Office as permanent record. The presentation included an overview of the meter replacement project. The next item on the agenda was a briefing on proposed Ordinance to amend Article I, In General, Provisions, of the Vinton Town Code McClung next reviewed a PowerPoint presentation, which was a part of the agenda package and will be on file in the To permanent record. the amendments that deal with grass and storage and accumulation 4 noxious weeds which are already banned by the Virginia State Code. The two main amendments would allow for our Code Enforcement Officer or any Town official in the Code enforcement realm to charge either the owner or the enforcement owner regardless of who was held responsible. Mr. McClung next commented on the major hurdles amendments system which would allow fines to be imposed for present on the property for grass, one letter is sent per season. If the violation is for trash, sometimes they get a notice after the first initial warning that they are in violation. For those cases that are non- compliant, the system, which is a timely process. With the amendment, after there is a violation, there will be a notification and if it is still non- penalty can be imposed of $50 for the first offense and $200 for every other offense after that within a year. At no point in time during a year period will someone be charged more than $3,000. The ultimate goal is compliance and there is a provision for a court hearing if the need does occur. Mr. McClung further commented that a provision has also been added for parcels that are more than one acre stating that na within fifty feet from every property line. The Mayor commented these amendments will be a over the years has been someone to Court either they have taken care of the situation or it has continued and gotten really bad. was able to find a provision in the State Code that allowed towns to have this option, but not counties. The next item on the agenda was to consider adoption of an Ordinance to amend Section 78-16 of Article I, In General, and Section 78-43 of Article III, Penalties, of Chapter 78, Solid Waste, of the Vinton Town Code. The Town Manager first commented 5 since we changed our solid waste ordinance. The most identifiable change to the citizen was the use of town-provided refuse carts. several Committee and our Public administrative and the refuse crew, we feel like we modifications that will help us continue to provide a good service to the citizens and have a process that they can better understand. proposed amendments to Section 78-16. With regard to revisions in Section 78- Manager commented that in the current ordinance, there were three notifications of violations. The amendments will refine the violations so that upon the first and second violation, the citizen will receive a tag notifying them of the violation. With the third violation they will also receive a tag, but in addition they will receive a visit from the Code Enforcement Officer. The tags have been updated and provide a duplicate wh team to keep a running log of the violations. Once the third violation is reached that will trigger a visit from our officer. When the Code Enforcement Officer makes the visit, we are hoping there will be a resident to explain there has been a history and a pattern that has developed and advise that on the would be issued a $50 civil penalty. The amendments also provide that if the penalty is not paid within 14 days, it can be referred to the General District Court and removes the reference to a Class 4 misdemeanor. The Public Works Committee reviewed this item at their meeting on January 13th has recommended that Council consider approving these amendments. The refuse team has already begun to implement the communicating to the residents what violations have occurred. The tags include items such as contact information and additional violation such as rental of an additional cart or the 12 6 household, we are giving some forgiveness if someone makes a casual mistake of forgetting to put their cart out or has an excessive amount of trash on a rare occasion. discussed in the Public Works Committee meeting asked opportunity for forgiveness throughout the year and would not hold them accountable forever, but would give them some future discrepancies. annual Town calendar. Council Member Mullins made a motion to adopt the Ordinance as presented; the motion was seconded by Council Member Mullins following roll call vote, with all members voting: Vote 5-0; Yeas (5) – Grose; Nays (0) – None. Adopted Ordinance No. 1028 amending Section 78-16 of Article I, In General, and Section 78- Town Code The next item on the agenda was to consider adoption Access Fees by the Virginia Department of Wildlife Resources (DWR). The Town Manager commented this law took effect on January 1, 2021 and passing this Resolution does not necessarily mean that we are going to affect or change the outcome. We have Resolution order to receive feedback paddling in the State and particularly in our area. who possesses a motorized boat, fishing or hunting Those who do not have these licenses would have to pay this fee to get a permit to use a public water access on 7 families looking for affordable or free recreational opportunities which typically have always been free. For example, the Tinker Creek Canoe Vinton is owned and operated by the Town, but is listed on DWR’s website as a public access. The average citizen may not public access and because it is listed on the DWR site, they may be confused on whether they need the different access points throughout our area and the region. The Town Manager fur concerns relate to little or no landowners who own public access sites possible financial and operational businesses procedures, no specific indication properties for access. Other localities are adopting revise this new law. Council Member Stovall asked if DWR could control they would not, average citizen to know if they needed a permit or not if they do not Town operated and managed access versus a DWR access. Council Member Liles made a motion to adopt the Resolution as presented; the motion was seconded by Council Member Mullins following roll call vote, with all members voting: Vote 5-0; Yeas (5) – Liles, Mulli Grose; Nays (0) – None. Adopted Resolution No. 2407 opposing Boat Landing Access Fees by the Virginia Department of Wildlife Resources Council Member Stovall left the meeting at 8:06 p.m. adoption of a records to a permanent file. Anne Cantrell year 2015 and the 8 $5,005.65 and when compared to what was billed, there was a 99.02% collection rate. With regard to the Vehicle License Fee, which replaced the decal several years ago $12,284.13 compared to a 91.57% collection rate. Vice Mayor McCarty Resolution as presented; the motion was seconded by Council Member Liles and carried by the following roll call vote, with all members voting: Vote 4-0; Yeas (4) – Liles, Mullins, McCarty, Grose; Nays (0) – None; Absent (1) - Stovall. Adopted Resolution No. 2408 allowing the delinquent taxes and Vehicle License Fees over five years old from the active records to a permanent file The next item on the agenda was to consider water and sewer delinquent bills over five years old from the active records to a permanent file. Anne Cantrell commented this write-off is not required by State Code, but is recommended by our auditors so we do not have an unrealistic accounts receivable $14,260.79. They billed out $3.4 million for 2015, which amounts to a 99.59% collection rate. Vice Mayor McCarty made a motion to adopt the Resolution as presented; the motion was seconded by Council Member Mullins following roll call vote, with all members voting: Vote 4-0; Yeas (4) – Liles, Mullins, McCarty, Grose; Nays (0) – None; Absent (1) - Stovall. Adopted Resolution No. 2409 allowing the delinquent bills over five years old from the active records to a permanent file The Town Clerk commented that Council Member Stovall had advised that he would need to leave the meeting and it would be documented in the minutes. The Town Manager first commented on the ribbon cutting today for the opening of Our Daily Bread and that Joe Goodpies at Vinyard Station will open on January 28th. Council should have received an invite from the Town Clerk for the February 19th Council Retreat. We are planning for a half-day retreat in the afternoon for a preliminary review of the upcoming budget, discussion of allocate toward immediate CIP items including traffic signals and an update on the Strategic Plan that was adopted by Council in July of 2020. 9 The Town Manager next reviewed a PowerPoint presentation on the Public Works Fleet leased vehicles through Enterprise, which will be on file in the Town Clerk’s Office as a part of the permanent record. The Town Manager next reviewed a PowerPoint presentation on the Municipal Building, which will be on file in the Town that have been made in the Police Department. The create a safer and nicer working environment for our employees and for the building. The Mayor commented that a majority of the improvements were funded by the CARES Act responded there were some Town funds that were re-appropriated toward non- items and the Police Department used some of their Asset Forfeiture Funds for s improvements, but the CARES Act covered most of them. also the Finance Department has had improvements to the front counter and the drive- better serve the citizens. The Mayor commented in program that worked by putting funds back into the economy, which was what it was designed to do. Under reports from Council Committees, Anne Cantrell provided a report on the Finance Committee which met on January 11, 2021. Ms. Cantrell next reviewed a PowerPoint presentation, which will be permanent record. Ms. Cantrell commented under other items that the Committee approved a request from the Vinton F merchandise for the volunteers. With regard to the Vinton Business Center Revenue, this was a stand- alone revenue for FY21 that was previously included in the Gain Sharing Agreement and we were never been able to know the full amount. When Roanoke County calculated the Town’s 50%, it was $122,000, which has been received and should be a continuing revenue as long as the Vinton Business Center stays occupied. 10 Council Member Liles made a motion to adopt the Resolution as presented; the motion was seconded by Vice Mayor McCarty and carried by the following roll call vote, with all members voting: Vote 4-0; Yeas (4) – Liles, Mullins, McCarty, Grose; Nays (0) – None; Absent (1) - Stovall. Report Under reports from Council Committees, the Town Manager Committee met on January 13, 2021 and then reviewed a PowerPoint presentation, which will be permanent record. The Town Manager commented estimates that he is getting to update the traffic signal lights. There are 11 intersections in the Town, all of which are at least 50 years old and, in some cases, older. This information will be shared with Council at the Retreat on February 19th to get some guidance on what you might want to tackle with current year funds or program in the future CIP. There are some larger scale paving projects needed Hardy down to the town limits by Wolf Creek and a large section of Washington Avenue from Pollard to would take care of all of our primary travel routes in the Town. We have done a good job over the past several years in getting our neighborhoods paved, but these primary roads have not been paved in over 40-50 years. The refuse ordinance updates were discussed and operational adjustments that have been made when we have a violation which allows the crew to collect the trash and leave a tag rather than not collect the trash and leaving a tag. Committee was given an update on where we are with bulk collection since the change was made in August to go to bi-weekly bulk and alternating with recycling. As they transition out of the fall months and the Christmas season, they feel like they can get a better handle on a typical month collection cycle and will be collecting more data over the next few 11 and Council in the Spring or early Summer for consideration as to whether we want to make additional modifications to our bulk collection schedule. The Mayor expressed appreciation to staff for their hard work and all of the reports that were given tonight, the economic development still going on and how the leasing of the vehicles will help with Council to look at bill SB1157, which would remove elections anytime other than in November and to let our representatives know how we fee. The Mayor indicated that he is adamantly opposed. Comments from Council: Vice Mayor McCarty commented on the items that were covered during the meeting and although 2020 was bad, we did not Council Member Liles commented on the opening of which will hold employees accountable but also will boost morale and gives them Council Member Liles next commented that he does elections, that it would be difficult to stand out in an election that has multiple people on the ballot and that he would respond to our legislators Member Mullins commented on the assistance from renovations. Vice Mayor McCarty made a motion to adjourn the meeting; the motion was seconded by Council Member Mullins with all members voting: Vote 4-0; Yeas (4) – Liles, Mullins, McCarty, Grose; Nays (0) – None; Absent (1) - Stovall. The meeting was adjourned at 8:56 APPROVED: _________________________________ Bradley E. Grose, Mayor ATTEST: ______________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date February 16, 2021 Department Public Works Issue Consider adoption of a Resolution appropriating funds in the amount of $4,133.00 received from a property owner for installation of a concrete driveway apron Summary A check in the amount of $4,133.00 has been received from the property owner of 775 Bexhill Drive and deposited in Revenue Account 200.1607.002, Sidewalks, Curb & Gutter. This check is for a concrete driveway apron that will be installed by the Public Works Department. It is necessary to appropriate the $4,133.00 to the Public Works, Maintenance of Highways, Streets & Bridges Account Number 200.4101.712 - Sidewalks, Curb & Gutter in order to pay for the material invoices when received. The Finance Committee reviewed this item at their February 8, 2021 meeting and recommends approval. 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, FEBRUARY 16, 2021 AT 7:00 P.M., 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 WHEREAS, the Town of Vinton received payment for the installation of a concrete driveway apron; and WHEREAS, the revenue from the property owner of 775 Bexhill Drive has been received into the Revenue Account 200.1601.002– Sidewalks, Curb and Gutter in the amount of $4133.00; and WHEREAS, in order that the money can be used for payment of invoices for material needed to install the driveway apron, it is necessary for the Vinton Town Council to appropriate the funds from the Revenue Account 200.1601.002 – Sidewalks, Curb & Gutter to the Public Works Operating Budget Account Number 200.4101.712 Maintenance of Highways, Streets and Bridges, Sidewalks, Curb & Gutter. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the following transaction: BUDGET ENTRY GENERAL LEDGER: 200.25100 Appropriations $4133.00 200.25000 Estimated Revenue $4133.00 FROM REVENUE: 200.1601.002 Sidewalks, Curb & Gutter $4133.00 TO EXPENDITURE: 200.4101.712 Sidewalks, Curb & Gutter $4133.00 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 1 Meeting Date February 16, 2021 Department Treasurer/Finance Department Issue Briefing on the 2021 Roanoke County Real Estate Reassessment Summary Each year, the Roanoke County Assessor’s Office establishes the property values for all property in the County, which includes property within the Town. A letter is developed and sent to all property owners detailing their assessment values for both the land and buildings. The letter details the previous three years’ worth of assessments in a table. As required by the General Assembly, the letter is to state the tax percentage increase or decrease the actual taxes paid would be as compared to the previous year. Ken Fay, Roanoke County Real Estate Valuation Director, will give the PowerPoint presentation at the meeting and answer any questions that Council might have. Council is scheduled to conduct their Public Hearing on the tax rates on April 6, 2021. Pursuant to Section 58.1-3321 of the Code of Virginia, as amended, any assessment that results in an increase of one percent or more requires that the Notice of Public Hearing be given at least 30 days prior to the date of the hearing. The Notice will need to run in the Vinton Messenger on March 4, 2021. Attachments Power Point Presentation Recommendations No action required Town Council Agenda Summary Town Of Vinton February, 2021 2021 Real Estate Reassessment 2021 TOV Real Estate Assessment Category 2020 Assessed Value 2021 Assessed Value Change in Assessed Value % Change Residential 401,898,800 424,927,200 $23,028,400 5.73% Commercial 106,209,900 $108,122,700 $1,912,800 1.80% Total $508,108,500 $533,049,700 $24,941,200 4.91% Assessment Increase Attributed To: New Construction $287,200 0.06% Market Value $24,654,000 4.85% Total $24,941,200 4.91% 2 2021 Assessment Percentage Change by Classification Public Information Office3 6.25% 4.36%4.40% 1.80% 0.00% 1.00% 2.00% 3.00% 4.00% 5.00% 6.00% 7.00% Single Family Urban Single Family Suburban Multi-Family Residential Commercial/ Industrial Ye a r -Ov e r -Ye a r % C h a n g e 2021 Assessment Percentage Change by Classification 4 Median Sales Price History –Single Family Residential Roanoke County $197,000 $193,000 $198,250 $202,000 $195,000 $200,000 $196,000 $209,750 $209,500 $215,000 $235,000 $100,000 $120,000 $140,000 $160,000 $180,000 $200,000 $220,000 $240,000 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Me d i a n S a l e s P r i c e Median Sales Price -Residential 2010 through 2020 5 Median Sales Price History –Single Family Residential Town of Vinton $125,500 $130,000 $139,000 $132,500 $140,000 $140,000 $137,000 $145,000 $150,000 $169,000 $100,000 $110,000 $120,000 $130,000 $140,000 $150,000 $160,000 $170,000 $180,000 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Me d i a n S a l e s P r i c e Median Sales Price -Residential 2011 through 2020 6 History of Residential Sales Roanoke County 635 746 953 938 1,033 1,095 1,136 1,159 1,273 1349 153 156 153 123 119 113 95 57 50 18 0 20 40 60 80 100 120 140 160 180 0 200 400 600 800 1,000 1,200 1,400 1,600 1,800 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Fo r e c l o s u r e s History of Total Sales and Foreclosures 2010 through 2020 Number of Sales Foreclosures 7 History of Residential Sales Town of Vinton 37 36 43 58 61 70 68 103 107 114 11 14 17 13 10 16 10 14 8 2 0 2 4 6 8 10 12 14 16 18 0 20 40 60 80 100 120 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Fo r e c l o s u r e s Nu m b e r o f S a l e s History of Total Sales and Foreclosures 2010 through 2020 Number of Sales Foreclosures 8 2021 Assessment Hearing Dates •Assessment notices were mailed December 31, 2020 •Informal Appeals were held •January 11 through January 20, 2021 •Formal Appeals with Board of Equalization (BOE) •Dates for BOE meetings are as follows: •April 29, 2021 -July 29, 2021 -October 28, 2021 •The final deadline to apply for an appeal is September 13, 2021 •Call Real Estate Valuation Office at 772-2035 extension 0 for information Disabled Veterans Property Tax Exemption 9 •Administered through Commissioner of Revenue’s Office •Criteria for veterans or surviving spouse •Principal place of residence •Owned and occupied by disabled veteran or unremarried surviving spouse •Certification letter stating that disability is 100% service related •Information available on Roanoke County website or contact the Commissioner of Revenue’s office at (540) 776-7116 or (540) 772-2048. Real Estate Valuation Management & Budget Tax Freeze Program for the Elderly & Disabled 10 •Administered through Commissioner of Revenue’s Office •Criteria •Disabled or over age 65 •Combined income of less than $56,566 •Net assets not exceeding $200,000 •Information available on Roanoke County website or contact the Commissioner of Revenue’s office at (540) 776-7116 or (540) 772-2048. Real Estate Valuation Management & Budget Questions or Comments 11 Meeting Date February 16, 2021 Department Finance/Treasurer Issue Briefing on the recommendation to issue Request for Proposals (RFPs) for debt funding for Town Capital Projects in the Utility Fund Summary Courtney Rogers with Davenport & Company will make a presentation on the recommended financing option for Town Capital Projects in the Utility Fund as a follow-up to the rate analysis performed in 2019. Attachments PowerPoint presentation Recommendations Consensus of Council to move forward with issuance of RFPs Town Council Agenda Summary Member NYSE|FINRA|SIPC February 16, 2021 Town of Vinton, Virginia Utility System Review and Capital Discussion In July 2019, Davenport & Company (“Davenport”), in our capacity as Financial Advisor to the Town of Vinton (the “Town”), completed an updated Rate Study for the Town’s Utility Fund. As part of the Rate Study, Davenport developed and recommended a multi-year rate increase plan through Fiscal Year 2023 in order to be able to take care of needed capital improvement projects to the system. In January 2020, the Town adopted the first phase of the rate increase plan. As part of it’s FY 2021 Budget the Town adopted the second phase effective as of July 1, 2020. The proposed rate increases that were adopted as part of the FY 2021 Budget included increases to the Minimum Service Charges by 8.00% and increases to the Volumetric Consumption Rates by 6.00%. The plan was for the same increases for Fiscal Years 2022 and 2023. The ‘fly in the ointment’ was the loss of Cardinal Glass usage when they began recycling water via the implementation of a closed loop chiller on their cooling equipment. Based upon the essentially breakeven result in FY2020 it appears the rates adopted in January 2020 covered this reduction which means there may be a need for more than just an inflationary increase in FY 2024 to take care of the capital plan as originally contemplated. That is to be determined at a later date. This review will provide an update on the projections and provide a recommendation as to how to move forward with financing the needed capital projects. February 16, 2021 Introduction Utility System Review and Capital Discussion 1 February 16, 2021 Summary of Historic Water & Wastewater Rate Increases 2003 2004 2005 2006 2007 2008 Water - - - 7.0% - 7.0% Wastewat - - 10.0% 20.0% - 16.7% 2009 2010 2011 2012 2013 2014 Water - 10.0% 15.0% - - 8.7% Wastewat - 10.0% 15.0% - - 8.7% 2015 2016 2017 2018 2019 2020* Water 8.9% 8.9% - - - 6.0% Wastewat 8.9% 8.9% - - - 6.0% * Last 6 months of FY. Summary of Historic Water & Wastewater Rate Increases Utility System Review and Capital Discussion 2 February 16, 2021 Historical Utility Fund Results Actual Actual Actual Actual Actual 2016 2017 2018 2019 2020 Total Revenues $3,718,513 $3,738,738 $3,661,312 $3,807,071 $3,802,891 Total Expenditures 2,139,306 2,100,931 2,287,587 2,517,366 2,409,972 Revenues less Expenditures $1,579,207 $1,637,807 $1,373,725 $1,289,706 $1,392,919 Less: Transfers 0 114,177 140,298 171,913 181,628 Less: Debt Service 813,603 724 ,871 762,196 768,658 772,930 Net Revenues before Capital Expenses $765,604 $798,758 $471,231 $349,135 $438,361 Less: Capital 0 0 0 106,008 135,994 Addition to / (Use of) Fund Balance $765,604 $798,758 $471,231 $243,127 $302,367 Cash and Cash Equivalents $1,101,786 $1,644,206 $2,027,154 $2,194,266 $2,385,943 Days Cash on Hand 136 204 232 232 259 Recommended Policy Floor 180 180 180 180 180 Recommended Policy Target 270 270 270 270 270 Utility System Review and Capital Discussion 3 February 16, 2021 Fiscal 2020 Budget vs. Actual Administration was higher due to required VRS Retirement Contribution increase. Budget Actual Varience Water Service Billing $1,600,000 $1,596,474 ($3,526) Sewer Service Billing 1,810,000 1,795,142 (14,858) Bulk Water 115,000 168,511 53,511 Other 203,028 242,764 39,736 Total Revenues $3,728,028 $3,802,891 $74,863 Administration $443,651 $518,509 ($74,858) Customer Accounts 351,211 315,141 36,070 Water System Maint 864,831 798,302 66,529 Purchased Water 125,000 147,810 (22,810) Wastewater System Maint 651,090 630,210 20,880 Debt Service & Transfers 1,007,035 954,558 52,477 Total Expenditures $3,442,818 $3,364,530 $78,288 Revenues Over Expenditures $285,210 $438,361 $153,151 Capital Outlay 285,210 135,994 149,216 Net After Transfers $0 $302,367 $302,367 Cash and cash equivalents $2,385,943 Days Cash on Hand 259 Utility System Review and Capital Discussion 4 Upcoming Capital Needs Town of Vinton, Virginia February 16, 2021 Utility System Review and Capital Discussion 5 February 16, 2021 AAA Tax-Exempt Interest Rates (January 2020 to Present) 0.00% 0.50% 1.00% 1.50% 2.00% 2.50% 3.00% 3.50% 4.00% 1/ 4 / 2 0 1/ 1 1 / 2 0 1/ 1 8 / 2 0 1/ 2 5 / 2 0 2/ 1 / 2 0 2/ 8 / 2 0 2/ 1 5 / 2 0 2/ 2 2 / 2 0 2/ 2 9 / 2 0 3/ 7 / 2 0 3/ 1 4 / 2 0 3/ 2 1 / 2 0 3/ 2 8 / 2 0 4/ 4 / 2 0 4/ 1 1 / 2 0 4/ 1 8 / 2 0 4/ 2 5 / 2 0 5/ 2 / 2 0 5/ 9 / 2 0 5/ 1 6 / 2 0 5/ 2 3 / 2 0 5/ 3 0 / 2 0 6/ 6 / 2 0 6/ 1 3 / 2 0 6/ 2 0 / 2 0 6/ 2 7 / 2 0 7/ 4 / 2 0 7/ 1 1 / 2 0 7/ 1 8 / 2 0 7/ 2 5 / 2 0 8/ 1 / 2 0 8/ 8 / 2 0 8/ 1 5 / 2 0 8/ 2 2 / 2 0 8/ 2 9 / 2 0 9/ 5 / 2 0 9/ 1 2 / 2 0 9/ 1 9 / 2 0 9/ 2 6 / 2 0 10 / 3 / 2 0 10 / 1 0 / 2 0 10 / 1 7 / 2 0 10 / 2 4 / 2 0 10 / 3 1 / 2 0 11 / 7 / 2 0 11 / 1 4 / 2 0 11 / 2 1 / 2 0 11 / 2 8 / 2 0 12 / 5 / 2 0 12 / 1 2 / 2 0 12 / 1 9 / 2 0 12 / 2 6 / 2 0 1/ 2 / 2 1 1/ 9 / 2 1 1/ 1 6 / 2 1 1/ 2 3 / 2 1 1/ 3 0 / 2 1 AAA Tax-Exempt Rates (Since January 1, 2020) 5 Year 10 Year 15 Year 20 Year 25 Year 30 Year Utility System Review and Capital Discussion 6 February 16, 2021 Tax-Exempt Interest Rates - % time Rates Have Been Lower (Since 1999) 0. 0 0 % 0. 0 6 % 0. 0 7 % 0 . 1 1 % 0. 6 1 % 0. 1 7 % 0. 5 4 % 0. 8 0 % 1. 0 0 % 0. 9 1 % 0. 4 1 % 0. 2 6 % 0. 2 8 % 0. 5 6 % 0. 5 4 % 0. 5 4 % 0. 5 4 % 0. 5 4 % 0. 5 4 % 0. 5 4 % 0. 5 8 % 0. 5 2 % 0. 5 2 % 0. 5 2 % 0. 2 2 % 0. 2 2 % 0. 2 2 % 0. 2 2 % 0. 2 2 % 0. 2 2 % 0.0% 0.2% 0.4% 0.6% 0.8% 1.0% 1.2% 1.4% 1.6% 0% 25% 50% 75% 100% 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 C u r r e n t ' M M D ' % o f D a y s M M D h a s b e e n L e s s t h a n C u r r e n t M M D S i n c e 1 9 9 9 Year % of Days MMD has been Less than Current MMD Since 1999 Current MMD 2/8/2021) Utility System Review and Capital Discussion 7 As shown in its Fiscal Year 2021 Capital Improvement Plan, the Town has three projects that it anticipates borrowing for this year. Those projects are summarized in the table below: Davenport has updated its pro-forma analysis to determine what effects the projects will have on the finances of the system. Furthermore, the model projects the system spends nearly $1 million over the next 6 years on pay-go capital. February 16, 2021 Fiscal Year 2021 Borrowing Needs Category Amount Upgraded Meter System $2,050,000 3rd Street Sewer Lift Station 1,950,000 SCADA Upgrade 370,000 Total $4,370,000 Summary of FY 2021 Borrowing Needs Utility System Review and Capital Discussion 8 February 16, 2021 Borrowing Options In order to determine the lowest cost of funds, Davenport evaluated various financing possibilities for the Town. The key considerations, amongst others, were the following: –Current Interest Rates; –Size of the transaction; and, –The amortization term of the outstanding obligations. Based upon the transaction contemplated by the Town, Davenport recommends seeking a direct bank loan via a request for proposals that would be due back by March 10, 2021. The Town could pursue a Virginia Resources Authority financing which would possibly have lower rates today but will not be locking in rates until May 11, 2021 roughly 60 days after bank proposals would be due. There is also the possibility that VRA would require the Utility projects to meet a Debt Service Coverage covenant. With the possibility of the long-end of the yield curve rising in the near future, waiting until May could potentially result in rates higher than a direct bank loan rate. Utility System Review and Capital Discussion 9 February 16, 2021 Key Characteristics of a Direct Bank Loan The key characteristics of a Direct Bank Loan can be summarized as follows: –Davenport, on the Town’s behalf, distributes a Request for Proposals (RFP) to solicit competitive interest rate proposals from local, regional, and national lenders; –Note: Sending out the RFP in no way obligates the Town to move forward, nor does it cost anything to send out the RFP. –The RFP can specify several different loan term and/or structure options for bidders to provide in their proposals; –The repayment structure can be tailored to meet the Town’s cash-flow needs; –The Town has the benefit of knowing the interest rate, terms, and conditions before deciding whether or not to move forward; –The entire process could be completed in approximately 30-45 days; –Davenport works “at risk.” The Town does not pay any costs if the Town decides not to move forward with a transaction; –Direct Bank Loans often allow for the ability to prepay loan at any time in whole or in part, and sometimes without penalty. Utility System Review and Capital Discussion 10 Davenport’s estimates for the Town’s 2021 borrowing incorporate the following Key Assumptions: –Assumes an issuance via a Direct Bank Loan; –Assumes a closing on March 22, 2021; –All projects amortized over 10 years at a rate of 2.00%; –Incorporates $80,000 in estimated issuance costs; –Interest is assumed to be payable semi-annually on March 1 and September 1 beginning September 1, 2021; and, –Principal is assumed to be paid annually on September 1 beginning September 1, 2021. February 16, 2021 Key Borrowing Assumptions Utility System Review and Capital Discussion 11 February 16, 2021 Estimated Series 2020 Debt Service Principal Interest Total Principal Interest Total Principal Interest Total Principal Interest Total 2022 193,000$ 37,394$ 230,394$ 183,000$ 35,573$ 218,573$ 35,000$ 6,731$ 41,731$ 411,000$ 79,698$ 490,698$ 2023 194,000 35,960 229,960 185,000 34,210 219,210 35,000 6,470 41,470 414,000 76,640 490,640 2024 198,000 32,040 230,040 189,000 30,470 219,470 36,000 5,760 41,760 423,000 68,270 491,270 2025 202,000 28,040 230,040 192,000 26,660 218,660 36,000 5,040 41,040 430,000 59,740 489,740 2026 206,000 23,960 229,960 196,000 22,780 218,780 37,000 4,310 41,310 439,000 51,050 490,050 2027 210,000 19,800 229,800 200,000 18,820 218,820 38,000 3,560 41,560 448,000 42,180 490,180 2028 215,000 15,550 230,550 204,000 14,780 218,780 39,000 2,790 41,790 458,000 33,120 491,120 2029 219,000 11,210 230,210 208,000 10,660 218,660 39,000 2,010 41,010 466,000 23,880 489,880 2030 223,000 6,790 229,790 212,000 6,460 218,460 40,000 1,220 41,220 475,000 14,470 489,470 2031 228,000 2,280 230,280 217,000 2,170 219,170 41,000 410 41,410 486,000 4,860 490,860 Total 2,088,000$ 213,024$ 2,301,024$ 1,986,000$ 202,583$ 2,188,583$ 376,000$ 38,301$ 414,301$ 4,450,000$ 453,908$ 4,903,908$ Estimated Series 2021 Debt Service Upgraded Meter System (2% Planning Rate) Estimated Series 2021 Debt Service 3rd Street Sewer Lift Station (2% Planning Rate) Estimated Series 2021 Debt Service SCADA Upgrade (2% Planning Rate) Total Estimated Series 2021 Debt Service (2% Planning Rate) Fiscal Year Utility System Review and Capital Discussion 12 February 16, 2021 Projected Impact on Existing Debt Service Principal Interest Total Principal Interest Total Principal Interest Total 2022 657,760$ 114,873$ 772,633$ 411,000$ 79,698$ 490,698$ 1,068,760$ 194,571$ 1,263,331$ 2023 667,024 96,986 764,010 414,000 76,640 490,640 1,081,024 173,626 1,254,650 2024 681,545 78,790 760,335 423,000 68,270 491,270 1,104,545 147,060 1,251,605 2025 619,448 60,114 679,562 430,000 59,740 489,740 1,049,448 119,854 1,169,302 2026 554,222 44,463 598,685 439,000 51,050 490,050 993,222 95,513 1,088,735 2027 400,086 30,213 430,299 448,000 42,180 490,180 848,086 72,393 920,479 2028 322,474 21,518 343,992 458,000 33,120 491,120 780,474 54,638 835,112 2029 122,831 16,080 138,911 466,000 23,880 489,880 588,831 39,960 628,791 2030 126,283 12,628 138,911 475,000 14,470 489,470 601,283 27,098 628,381 2031 129,832 9,079 138,911 486,000 4,860 490,860 615,832 13,939 629,771 2032 133,482 5,429 138,911 - - - 133,482 5,429 138,911 2033 124,074 1,729 125,802 - - - 124,074 1,729 125,802 Total 4,539,062$ 491,901$ 5,030,963$ 4,450,000$ 453,908$ 4,903,908$ 8,989,062$ 945,809$ 9,934,871$ Existing Town Utility System Debt Service Estimated Series 2021 Debt Service Projected Town Utility System Debt Service Fiscal ear Utility System Review and Capital Discussion 13 February 16, 2021 Existing & Projected 2021 Financing Debt Service Utility System Review and Capital Discussion 14 Davenport’s pro-forma projections incorporate the following assumptions about future revenues and expenditures: –Consumption remains constant at current levels; –Operating Revenues are grown assuming the rates and charges are imposed as adopted through FY 2023 with projected increases in FY 2024 through FY 2026 as follows; –Sewage Treatment costs paid to the Western Virginia Water Authority are assumed to grow at 12.6% in FY 22 and 2.00% thereafter; –Remaining Operating Expenditures and Capital Outlay grow at 2.00% annually from the levels presented in the 2021 Proposed Budget beginning in Fiscal Year 2022; and, –Reserve for Contingencies of $145,514 has been removed from FY 2021 and beyond. February 16, 2021 Key Pro-Forma Assumptions Projected Projected Projected 2024 2025 2026 Minimum Charge 8.00% 7.00% 5.00% Volumetric Consumption 6.00% 5.00% 4.00% Utility System Review and Capital Discussion 15 February 16, 2021 Pro-Forma Projection Results Note: 2021 Expenditures are based upon levels presented in the 2021 Budget. Budget Projected Projected Projected Projected Projected 2021 2022 2023 2024 2025 2026 Total Operating Revenues $3,826,500 $4,056,379 $4,301,732 $4,563,622 $4,801,006 $4,993,392 Total Operating Expenditures $2,621,128 $2,715,091 $2,768,494 $2,822,964 $2,878,524 $2,935,195 Total Non-Operating Expenditures $0 $0 $0 $0 $0 $0 Income (Loss) Before Transfers $1,205,372 $1,341,287 $1,533,238 $1,740,658 $1,922,482 $2,058,197 Total Transfers $244,862 $244,862 $244,862 $244,862 $244,862 $244,862 Existing Debt Service 770,629 772,633 764,010 760,335 679,562 598,685 Potential Meter Replacement Debt Service - 230,394 230,394 230,394 230,394 230,394 Potential Sewer Station Upgrade Debt Service - 218,573 218,573 218,573 218,573 218,573 Potential SCADA Debt Service 41,731 41,731 41,731 41,731 41,731 Town portion of WVWA Upgrade Debt Service 13,000 13,000 13,000 13,000 13,000 Total Debt Service $770,629 $1,221,600 $1,212,977 $1,209,302 $1,128,529 $1,047,652 Addition (Use) of Fund Balance $189,881 ($125,175)$75,399 $286,493 $549,091 $765,682 Debt Service Coverage Excluding Capital 1.25 0.90 1.06 1.24 1.49 1.73 VML Legal Requirement 1.20 1.20 1.20 1.20 1.20 1.20 Recommended Target 1.35 1.35 1.35 1.35 1.35 1.35 Total Capital Outlay $153,720 $156,754 $159,849 $163,006 $166,227 $169,511 Beginning Fund Balance $2,385,943 $2,422,103 $2,140,174 $2,055,724 $2,179,211 $2,562,075 Use of Fund Balance For Capital (153,720) (156,754) (159,849) (163,006) (166,227) (169,511) Adjustment to match CAFR cash - - - - - - Addition to Fund Balance 189,881 (125,175)75,399 286,493 549,091 765,682 Ending Fund Balance $2,422,103 $2,140,174 $2,055,724 $2,179,211 $2,562,075 $3,158,247 Projected Projected Projected Projected Projected Projected 2021 2022 2023 2024 2025 2026 Change in Operating Revenues ($)$23,609 $229,879 $245,353 $261,890 $237,384 $192,386 Change in Operating Revenues (%)1% 6% 6% 6% 5% 4% Change in Operating Expenditures/Capital Outlay ($)$228,882 $96,997 $56,497 $57,627 $58,780 $59,955 Change in Operating Expenditures/Capital Outlay (%)9% 3% 2% 2% 2% 2% Days Cash on Hand 243 187 178 186 220 273 Projected Change in Revenues and Expenditures Utility System Review and Capital Discussion 16 February 16, 2021 Projected Revenues and Expenditures Utility System Review and Capital Discussion 17 February 16, 2021 Projected Debt Service Coverage Utility System Review and Capital Discussion 18 February 16, 2021 Historic & Projected Days Cash on Hand Utility System Review and Capital Discussion 19 Based upon the projected revenue increases and the expenditure assumptions incorporated into this analysis, the capital projects that the Town is planning to borrow in Fiscal Year 2021 are achievable with additional future rate increases that decline over time. Furthermore, with the projected increases, the Town is still projected to add to its fund balance even after budgeted funds are spent on capital outlay. Depending upon system growth and usage over the next couple of years the future rate increases could be revised downward. February 16, 2021 Observations/Key Takeaways Utility System Review and Capital Discussion 20 General Government Debt (1) Issue Issue Year Original Par Outstanding 6/30/2020 Final Maturity Coupon VRA GO Public Improvement Bonds 2006 $755,000 $350,000 10/1/2026 3.64 - 4.96% VACo GO Refunding Bond 2016 702,000 494,000 2/1/2027 2.05% GO Refunding Bond 2013 2,228,409 1,141,234 11/1/2024 2.05% U.S. Bancorp Capital Lease 2017 257,602 170,506 12/29/2024 2.43% Home Trust Bank 2018 157,053 126,186 7/27/2025 3.10% Total General Government $4,100,064 $2,281,926 Utility Debt Issue Issue Year Original Par Outstanding 6/30/2020 Final Maturity Coupon Virginia Revolving Loan Fund - GO W&S Bond 2003 $1,250,704 $363,069 7/1/2024 3.30% Virginia Revolving Loan Fund - GO W&S Bond 2004 2,479,000 995,923 10/1/2026 3.10% Virginia Revolving Loan Fund - GO W&S Bond 2006 1,210,000 452,069 3/1/2026 3.10% GO Public Improvement Bond 2013 1,993,152 1,284,137 11/1/2032 2.85% VACo Revenue W&S Bond 2016 1,786,000 1,513,000 8/1/2027 2.05% U.S. Bancorp Capital Lease 2017 46,171 23,742 12/29/2022 2.29% U.S. Bancorp Capital Lease 2017 488,638 323,532 12/29/2024 2.43% WVWA 2015 294,516 221,589 9/1/2032 2.35% Total Utility Debt $9,548,181 $5,177,060 Stormwater Debt Issue Issue Year Original Par Outstanding 6/30/2020 Final Maturity Coupon 2019 Street Sweeper Lease Purchase 2019 $242,703 $211,070 4/19/2026 3.02% Total Stormwater Debt $242,703 $211,070 Total Debt Outstanding as of June 30, 2020 $13,890,948 $7,670,056 Vinton, VA Summary of Outstanding Debt as of June 30, 2020 February 16, 2021 Ongoing Refinancing Analysis (1) Does not include Obligations Payable to Roanoke County. Utility System Review and Capital Discussion 21 February 16, 2021 Ongoing Refinancing Analysis (cont.) In total, the Town has approximately $7.6 million in debt outstanding as of June 30, 2020 across General Government, Utility, and Stormwater purposes. Interest rates on the Town’s existing debt range from 2.05% - 4.96%. As discussed, interest rates remain at or near historic lows. Together with Town Staff, Davenport is evaluating each of the Town’s outstanding debts to determine which obligations are potential refinancing candidates. Depending on the ultimate refinancing rates received, savings on potential refinancings could be upwards of $100,000. Therefore, Davenport recommends that the Town’s Direct Bank Loan RFP for the New Money utility projects be tailored to also include potential refinancings of existing debt. Prior to moving forward with any refinancings, Davenport would present to Town Council the estimated savings based upon the actual rates received via the RFP process. Utility System Review and Capital Discussion 22 February 16, 2021 Proposed Timeline Date Action February 16 Town Council Meeting: Davenport presents Plan of Finance for 2021 Bonds February 17 Davenport sends out Request for Proposals (RFPs) March 10 RFPs due by 11 am. March 11/12 Follow-up with proposers regarding any questions and clarifications. March 16 Town Council Meeting: Davenport presents results of the Request for Proposals to Town Council. Authorizing Resolution and forms of Financing Documents would be available should Council wish to move forward. Week of March 23 Closing Utility System Review and Capital Discussion 23 Richmond — Headquarters One James Center 901 East Cary Street, Suite 1100, Richmond, Virginia 23219 Telephone: (804) 780-2000 Toll-Free: (800) 846-6666 E-Mail: info@investdavenport.com February 16, 2021 Courtney E. 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Version 01/13/2014 AH/CR February 16, 2021 Disclaimer Utility System Review and Capital Discussion 25 Meeting Date February 16, 2021 Department Planning and Zoning Issue Consider adoption of an Ordinance to amend Article I, In General, of Chapter 62, Offenses and Miscellaneous Provisions, of the Vinton Town Code Summary In order to promote a more efficient and effective code enforcement process in relation to accumulation of trash, garbage, etc. or growth of weeds, town staff have proposed amendments that would allow for a civil penalty system to be instituted. Additionally, these amendments would allow for the Town code enforcement official(s) to use their discretionary authority in deciding whether to cite the property owner or occupant of a property found to be in violation. The civil penalties provide a better alternative to the current system structured by the Town Code by affording town staff the ability to issue direct economic penalties to property owners or occupants who violate these provisions. Miscellaneous provisions concerning noxious weeds, exemptions for specific and uncommon areas of natural vegetative growth, and the addition of definitions are also included in these amendments. Town Council was briefed on the Code amendments at the Council meeting held on January 19, 2021. 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, FEBRUARY 16, 2021, AT 7:00 P.M., 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 AN ORDINANCE amending Article I, In General, of Chapter 62, Offenses and Miscellaneous Provisions, of the Vinton Town Code. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Vinton that Article I, In General, of Chapter 62, Offenses and Miscellaneous Provisions, of the Vinton Town Code is hereby amended as follows: CHAPTER 62 – OFFENSES AND MISCELLANEOUS PROVISIONS Footnotes: --- (1) --- Cross reference— Courts, ch. 22; traffic and vehicles, ch. 90. State Law reference— Crimes and offenses generally, Code of Virginia, title 18.2; local ordinances prohibiting obscenity, Code of Virginia, § 18.2-389. ARTICLE I. - IN GENERAL Sec. 62-1. – Definitions. For the purpose of this article, certain terms and words used herein shall be defined as follows: (a) Abatement Cost means the town’s cost of labor, equipment and supplies for, or the contract price of and any charges to the town with respect to, its removal and disposal of weeds, noxious weeds, trash, garbage, refuse, litter, debris, materials, inoperable machinery, machinery parts, equipment, appliances, motor vehicle tires, or any other dangerous or harmful substances from a property. (b) Occupant means any person, other than an Owner, who is over the age of eighteen (18) years, who resides or operates a business on any property lying in the town, and who has possession or control of that property. Occupant shall include, but not necessarily be limited to, a tenant with a leasehold interest in the property. (c) Owner means any person shown by any public record maintained by any circuit court clerk, treasurer, commissioner of revenue or town clerk who, alone or jointly or severally with others, has an ownership interest in any property lying in the town . 2 (d) Property means any lot or parcel of real estate (and any interest therein) lying in the town, identified by a County of Roanoke Official Tax Number. (e) Town manager means the town manager or his designee. (f) Trash means abandoned personal property, garbage, refuse or debris openly lying on any parcel, which might endanger the health of other residents of the city. (g) Weed or weeds as used in this article means any plant, grass or other vegetation growing upon any property in the town, and any other undesirable growth, excluding trees, ornamental shrubbery, vegetable and flower gardens purposefully planted and maintained by the owner or occupant free of weed hazard or nuisance, cultivated crops, or undisturbed woodland not otherwise in violation. (h) “Noxious weed” or “noxious weeds” as used in this article shall include, regardless of height, any noxious weeds referenced in the Section 15.2-902 of the Code of Virginia, as amended, or noxious weeds as defined by the Virginia Department of Agriculture and Consumer Services pursuant to Section 3.2-802 of the Code of Virginia, as amended. Sec. 62-21. - Attempt to commit misdemeanor. Every person who attempts to commit an offense which is a misdemeanor shall be punishable by the same punishment prescribed for the offense the commission of which was the object of the attempt. State Law reference— Attempts to commit misdemeanors; how punished, Code of Virginia, § 18.2-27. Sec. 62-32. - Accumulation of trash, garbage, etc., or growth of weeds. (a) It shall be unlawful and a public nuisance for the owner or occupant of any property within the town to permit the accumulation thereon of any trash, garbage, refuse, litter, debris, materials, or inoperable machinery, machinery parts, equipment, appliances, motor vehicle tires (four tires or more), or any other dangerous or harmful substances which might restrict the ingress or egress from any exit door of a structure, attract or harbor varmints (snakes, skunks, rats), and/or mosquitoes, and might endanger the health or safety of the owner, occupant, or other residents of the town. (b) It shall be unlawful and a public nuisance for the owner or occupant of any of property within the town to permit the growth of any weed or weeds of any grass, weeds, or other foreign growth to a height of 12 inches or more thereon; except that in the case of a property greater than one (1) acre in area, natural vegetation growing more than fifty (50) feet from every property line shall not constitute a violation of this article. It shall be unlawful and a public nuisance for the owner or occupant of any property within the town to permit the growth of any noxious weeds thereon. 3 (c) The town manager, or his authorized agent, shall give the owner and occupant of any property violating this section a written notice directing the owner and/or occupant to remove from such property the offensive condition within ten days from the date of the notice. Failure to comply with such notice shall constitute a class 4 misdemeanor. (d) If the owner and occupant of any property fails to comply with a notice given pursuant to subsection (c) above, the town manager or his authorized agent may have the weeds, noxious weeds, trash, garbage, refuse, litter, debris, materials, inoperable machinery, machinery parts, equipment, and appliances, motor vehicle tires, or machinery parts, debris or any other dangerous or , harmful substances removed or cut , or the grass, weeds or foreign growth cut, by agents or employees of the town. In the alternative, the town manager or his authorized agent may hire a private contractor to remove or abate the public nuisance. In either case, tThe abatement cost for the public nuisance of removal or cutting shall be chargeable to and paid by the owners or occupant of the property and may be collected by the locality against either the owner or occupant as taxes are collected. (e) All abatement costs Every charge authorized by this section with which the owner or occupant of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property ranking on a parity with liens for unpaid local taxes and enforceable in the same manner as provided in articles 3 (§ 58.1-3940, et seq.), and 4 (§ 58.1-3965, et seq.), of chapter 39 of title 58.1 of the Code of Virginia (1950), as amended. The town may waive any such liens in order to facilitate the sale of the property. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner at the time the liens were imposed. (f) Violations of this section shall be subject to a civil penalty, in the amount of $50 for the first violation, or violations arising from the same set of operative facts. The civil penalty for subsequent violations not arising from the same set of operative facts within 12 months of the first violation shall be $200. Each business day during which the same violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same set of operative facts result in civil penalties that exceed a total of $3,000 in a 12-month period. (g) In the event three (3) civil penalties shall have been imposed on the same property owner or occupant for the same or similar violation, not arising from the same set of operative facts, within a 24-month period, any subsequent violation shall constitute a Class 3 misdemeanor. State Law Reference – Providing for the removal or disposal of trash, cutting of grass, weeds, and running bamboo, Code of Virginia, §15.2-901; Abatement or removal of nuisances, Code of Virginia, §15.2-1115; Penalties for violation of ordinances, § 15.2-1429 Sec. 62-43. - Scalping tickets to athletic and other events; exceptions; punishment. (a) It shall be unlawful for any person, firm or corporation to resell for profit any ticket for admission to any sporting event, theatrical production, lecture, motion picture, musical concern, or any other event open to the public, for which tickets are ordinarily sold, 4 regardless of whether the event shall take place within the corporate limits of the Town of Vinton. (b) This section shall not apply to any event sponsored by a religious, charitable, or educational organization where all or a portion of the admission price reverts to the sponsoring group and the resale for profit of such ticket is authorized by the sponsor of the event and the manager or any owner of the facility in which the event is being held. (c) Any person, firm, or corporation violating this section shall be guilty of a class 3 misdemeanor. The sale of each individual ticket shall be considered a separate offense, regardless of whether multiple tickets are sold in a single transaction. Secs. 62-54—62-20. – Reserved. * * * BE IT FURTHER ORDAINED, that this Ordinance shall become effective February 2, 2021. This Ordinance 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 February 16, 2021 Department Administration Issue Consider adoption of a Resolution authorizing the Town Manager to execute a Memorandum of Understanding between the City of Roanoke, Town of Vinton, Counties of Roanoke and Botetourt, World Triathlon Corporation and Roanoke Valley Convention and Visitors Bureau for the 2021 Ironman 70.3 Race Support Services Summary The local governments of the City of Roanoke, the Town of Vinton, the County of Roanoke and the County of Botetourt have established an agreement to partner with the Roanoke Valley Convention and Visitors Bureau and the World Triathlon Corporation (WTC) to host the Visit Virginia’s Blue Ridge IRONMAN 70.3 on June 6th, 2021. The VVBR IRONMAN 70.3 will be a world class elite level triathlon that will feature swimming, bicycling and running segments in consecutive order and will take place or travel through portions of each of the four localities during the morning of June 6th, 2021. This event has already sold out with over 2,500 athletes from all over the United States and the World, thereby introducing thousands of visitors to our local communities during the week leading up to the event. The event is a huge undertaking by all parties and will require substantial participation from each local government to assist and support the event with staff, use of facilities, the closing certain public roads and providing for the participants and spectators public safety. The MOU as presented has been established to identify the roles and responsibilities of the event organizers and the four local government, to include event liability protections and the reimbursement of any direct out-of-pocket expenses to the participating localities that are incurred in support of the event. Agenda Summary 2 Attachments Memorandum of Understanding Resolution Recommendations Motion to adopt Resolution {2800128-1, 077947-00001-01} Page 1 of 18 MEMORANDUM OF UNDERSTANDING AMONG CITY OF ROANOKE, TOWN OF VINTON, COUNTY OF ROANOKE, COUNTY OF BOTETOURT, WORLD TRIATHLON CORPORATION, AND ROANOKE VALLEY CONVENTION AND VISITORS BUREAU REGARDING 2021 IRONMAN 70.3 RACE SUPPORT SERVICES This Memorandum of Understanding (“Agreement”) is made and entered into by and among the City of Roanoke, (“Roanoke City”); the Town of Vinton, (“Vinton”); the County of Roanoke, (“Roanoke County”); and the County of Botetourt, (“Botetourt”), each of which is a political subdivision or municipality of the Commonwealth of Virginia, (the “Participating Localities”), World Triathlon Corporation, a Florida corporation d/b/a IRONMAN (“WTC”), and Roanoke Valley Convention and Visitors Bureau D/B/A Visit Virginia’s Blue Ridge, a Virginia nonstock corporation (“VVBR”). SECTION 1. BACKGROUND: World Triathlon Corporation, a Florida Corporation (“WTC”) and its subsidiaries own and operate IRONMAN 70.3 – branded events. VVBR has entered into an agreement with WTC for WTC to conduct an IRONMAN 70.3 triathlon annually within the geographical boundaries of the Participating Localities; VVBR has agreed to provide limited financial support, WTC staff housing, and facilitation services for the triathlon in exchange for WTC’s selecting Virginia’s Blue Ridge as the destination venue, all as more particularly set forth in such agreement. VVBR’s agreement with WTC shall in no way obviate or supersede WTC’s obligations to obtain requisite permits and licenses within each Participating Locality. WTC and VVBR have requested the Participating Localities’ assistance with the provision of support services for the triathlon events, and the Participating Localities are willing to provide such services. The purpose of this Agreement is to set forth the parties’ {2800128-1, 077947-00001-01} Page 2 of 18 responsibilities as they pertain to the support services to be provided by the Participating Localities for the 2021 triathlon event (the “Event”), to be held in Virginia’s Blue Ridge on June 6, 2021. SECTION 2. TERMS: A. VVBR’s Responsibilities: 1. Assign a staff member to serve as the point person to represent the Participating Localities in all matters regarding the Event. Such VVBR point person shall not have the authority to bind the Participating Localities without their express, written consent thereto. 2. Provide copies of all non-privileged or otherwise proprietary documentation, agreements, and other writings, whether in electronic format or otherwise, in VVBR’s possession, concerning the Event that is reasonably requested by the Participating Localities. 3. Serve as coordinator between WTC and the Participating Localities’ Police Departments, Fire and Rescue Departments, Parks and Recreation Departments, and administrative officials (i.e. City, County, and Town Managers and their designees) in all appropriate future Event planning. This includes and is not limited to, providing the Participating Localities reasonable advance notice of relevant meetings, being copied on relevant correspondence between VVBR and WTC concerning the Event, and being invited to participate in relevant conference calls concerning the Event. {2800128-1, 077947-00001-01} Page 3 of 18 4. VVBR agrees that it will not commit or otherwise pledge any specific resources or assistance from any of the Participating Localities to the Event without the prior express, written approval of the Participating Locality. 5. VVBR shall indemnify, protect, defend and hold harmless WTC and the Participating Localities, and each of their respective shareholders, affiliates, directors, officers, employees, contractors, subcontractors, volunteers, representatives, and agents from and against any and all claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments, and expenses, including without limitation, attorneys’ fees, court costs, and other legal expenses, arising out of, directly or indirectly, or in connection with: (i) any breach or alleged breach of any provision of this Agreement by VVBR or any representation or warranty made by the VVBR herein; or (ii) any negligent act or omission to act by VVBR , or any of its employees, servants, or agents. The obligations herein shall in full force and effect and shall survive the Termination Date of this Agreement. B. WTC’s Responsibilities: 1. WTC shall apply for and obtain a special event permit from each of the Participating Localities (“Special Event Permit”), if required by applicable law. 2. WTC agrees that each Participating Locality will not be required to provide support services outside of the borders of their respective locality, unless approved by each respective Participating Locality. {2800128-1, 077947-00001-01} Page 4 of 18 3. WTC shall, throughout the Term, obtain and maintain its own comprehensive general liability insurance, workers’ compensation and automobile liability insurance for the Event from an insurance company rated A or better by Moody’s or AM Best for, without limitation, any and all claims of bodily injury, death, property damage, and advertising liability, and any and all litigation, mediation and settlement costs, related to any claims for or by any Event participants, volunteers, referees, officials, scorekeepers, spectators, sponsors, and staff with a minimum combined single limit equal to but not less than two million U.S. dollars ($2,000,000.00) per occurrence for any one incident or accident, and not less than five million U.S. dollars ($5,000,000.00) in aggregate, statutory limits for workers’ compensation coverage which limits may be satisfied with any combination of primary and excess coverage; provided, that, any such excess coverage follows form of the primary coverage. WTC shall cause the Participating Localities to be named as additional insureds under the required insurance policies, by endorsement, in connection with the Event. The insurance provider’s certificate evidencing the foregoing required insurance must be provided to Participating Localities at least thirty (30) days prior to the date of the Event. 4. WTC shall indemnify, protect, defend and hold harmless VVBR and the Participating Localities,, and each of their respective shareholders, affiliates, directors, officers, employees, contractors, subcontractors, volunteers, representatives, and agents from and against any and all {2800128-1, 077947-00001-01} Page 5 of 18 claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments, and expenses, including without limitation, attorneys’ fees, court costs, and other legal expenses, arising out of, directly or indirectly, or in connection with: (i) any breach or alleged breach of any provision of this Agreement by WTC or any representation or warranty made by WTC herein; or (ii) any negligent act or omission to act by WTC , or any of its employees, servants, agents or assigns. 5. WTC agrees that it will not commit or otherwise pledge any specific resources or assistance from any of the Participating Localities to the Event without the prior express, written approval of the Participating Locality. 6. WTC agrees that any route for the Event located within the Participating Localities’ jurisdictions are selected by the Participating Localities in consultation with WTC, and that such land is used in its AS IS condition. WTC acknowledges that the Participating Localities make no warranties or representations regarding the suitability of the land for the Event. 7. WTC will reimburse the Participating Localities for any direct out-of-pocket costs reasonably incurred in the provision of support services associated with the Event, provided, however, that any such costs and rates must be itemized and pre-approved in writing by WTC. For purposes of this subsection, electronic mail shall constitute requisite approval. For purposes of this Agreement, support services shall include, but not be limited to, EMS, fire, police, and such other services requested in writing by WTC from the Participating Localities to conduct the Event and itemized estimates of all {2800128-1, 077947-00001-01} Page 6 of 18 such costs shall be provided to WTC within fourteen (14) days after its request for such support services or as soon thereafter as such estimates may be reasonably calculated and provided. The reimbursement described in this Section shall be paid by WTC within thirty (30) days after the later of (a) the Event or (b) the date WTC has been provided with itemized invoices for such reimbursement costs. C. The Participating Localities’ Responsibilities: With the respect to the Event, and at no cost to WTC (unless otherwise expressly stated below), Participating Localities shall, as the case may be, do, obtain, or provide (or cause to do, obtain, or provide) the following: 1. Assist in selection of an appropriate route for the triathlon; provided, however, the final route for the triathlon must be agreed to by all parties, which agreement will not unreasonably be denied, delayed or conditioned. 2. Once a route has been agreed upon by all parties, the Participating Localities will each create a list of landowners who own property adjacent and surrounding the route and shall provide such publicly available information to WTC and VVBR, which information may be used by WTC to notify the property owners of the Event, at WTC sole cost, through WTC’s Traffic Impact Notice program. 3. Provide police assistance (with matters such as road closures and traffic and crowd control) through the Participating Localities’ Police or Sheriff’s Departments, where applicable. Prior to the Event WTC and the {2800128-1, 077947-00001-01} Page 7 of 18 Participating Localities’ will use best efforts to mutually agree upon the scope of services and the rates to be paid by WTC (not to exceed the Participating Localities’ standard rates) for the police assistance to be provided by the Localities’ law enforcement personnel, including the localities’ standard overtime rates where applicable. The Participating Localities’ law enforcement personnel shall assist in providing assistance with road closures and traffic and crowd control, and as may further be provided in each of the Participating Localities’ special events permits. All road closures shall be subject to approval by the Participating Localities’ governing bodies, where applicable. As stated above in Section 2.B.2, law enforcement personnel will be assigned to provide assistance under this Section within their respective home jurisdictions unless otherwise agreed by the Participating Locality. 4. Provide emergency services for police and firefighting services through the Participating Localities’ Police, Fire, and Rescue Departments, and as may further be provided in each of the Participating Localities’ Special Events Permits. 5. Provide reasonable assistance to WTC in securing any necessary parks and other locations within each Participating Localities’ jurisdiction for the purpose of storing materials and related equipment in connection with the Event. 6. Provide various reasonable resource needs to WTC associated with the Participating Localities’ Parks and Recreation Departments. {2800128-1, 077947-00001-01} Page 8 of 18 7. The parties acknowledge that there may be additional responsibilities and obligations of the Participating Localities that are unique and specific to each Participating Locality that are not included herein, which may be included in the Special Event Permit WTC will be required to have with each Participating Locality. These additional terms will be discussed by the Participating Localities with WTC and VVBR closer to the Event as part of the planning process. SECTION 3. TERMINATION: Each of the Participating Localities reserves the right to withdraw their support, and cancel their participation in the agreement, prior to the Event, at any time, if WTC fails to submit information required to obtain a Special Event Permit or otherwise fails to reasonably fulfill any of its responsibilities, as set forth in Section 2B of this Agreement, after notice to WTC and providing WTC with thirty (30) days from the date of WTC’s receipt of written notice to cure such breach, which breach shall be described in detail in such notice. SECTION 4. MODIFICATION: This Agreement may only be modified in writing from time to time as deemed mutually desirable and acceptable to all parties, except the contact information, which may be modified as provided in Section 5. {2800128-1, 077947-00001-01} Page 9 of 18 SECTION 5. NOTICE: Any notice, statement, or demand required or permitted to be given hereunder by either party to the other shall be in writing and shall be given personally or by courier, by overnight delivery service, by certified mail, return receipt requested, postage prepaid, or by confirmed (either machine or personal) facsimile transmission, addressed to the recipient as follows: Notices to Roanoke City shall be addressed as follows: Robert S. Cowell, Jr. Roanoke City Manager Noel C. Taylor Municipal Building, Suite 364 215 Church Avenue, SW, Roanoke, VA 24011 Telephone:540-853-8333 Email: bob.cowell@roanokeva.gov Notices to Roanoke County shall be addressed as follows: Daniel R. O’Donnell Roanoke County Administrator 5204 Bernard Drive, Suite 402 Roanoke, VA 24018 Telephone: 540-772-2017 Email: dodonnell@roanokecountyva.gov Notices to Vinton shall be addressed as follows: Richard Peters Town Manager 311 S. Pollard St., Vinton, VA 24179 Telephone: (540) 983-0607 Email: rpeters@vintonva.gov Notices to Botetourt County shall be addressed as follows: Gary P. Larrowe County Administrator 57 South Center Dr., Ste. 200, Daleville, VA 24083 Telephone: (540) 928-2006 Email: glarrowe@botetourtva.gov {2800128-1, 077947-00001-01} Page 10 of 18 Notices to VVBR shall be addressed as follows: Landon C. Howard President 101 Shenandoah Avenue NE, Roanoke, VA 24016 Telephone: (540) 342-6025 Email: lhoward@visitvbr.com Notices to WTC shall be addressed as follows: Attn: Chief Legal Officer 3407 W. Dr. Martin Luther King Jr. Blvd, Suite 100, Tampa, FL 33607 Telephone: 813.868.5940 Email: legal@ironman.com A party may modify its own contact information set forth in this section by giving notice to the other parties at the addresses set forth in this section. SECTION 6. EFFECTIVE DATE AND TERMINATION: This Agreement shall become effective as of the date when all parties have signed it, and shall remain in effect until the date that is thirty (30) days after 2021 Event, unless this Agreement is sooner terminated in accordance with the terms of this Agreement (the “Term”). SECTION 7. GOVERNING LAW; VENUE: This Agreement shall be governed in accordance with the laws of the Commonwealth of Virginia, excluding its choice of law provisions. The exclusive venue for any dispute arising out of this Agreement shall be in the state and federal courts located in the City of Roanoke, Virginia, and each party consents to the exclusive jurisdiction of such courts. SECTION 8. FORCE MAJEURE None of the parties to this Agreement shall be liable for failure to perform under this Agreement if such failure arises out of causes beyond control, and without the fault {2800128-1, 077947-00001-01} Page 11 of 18 or the negligence of said party. Such causes may include, but are not restricted to, Act of God or the public enemy, fires, floods, epidemics, pandemic, public health emergency, quarantine restrictions, freight embargoes, and unusually severe weather. In every case, however, a failure to perform must be beyond the control and without the fault or the negligence of said party. SECTION 9 – COVID-19 COMPLIANCE VVBR, WTC, their employees, agents, successors, and assigns shall comply with state and federal laws, regulations, standards-of-industry, executive orders, and orders of public health agencies concerning the COVID-19 declared state of emergency with regard to the Event. The Participating Localities intend to protect the health and safety of their employees, agents, contractors, citizens, and others in the course of planning for and providing a venue and assistance for the Event. The COVID-19 pandemic is a rapidly evolving event. Mandates are based on the best available guidance at the time of issuance and are subject to change at any time. The parties will defer to ongoing guidance from the Virginia Department of Health (VDH), the Centers for Disease Control (CDC), and the Virginia Department of Labor and Industry (DOLI). The Parties to this Agreement shall confer regularly, but no less often than bi-weekly, regarding updated public health compliance requirements for the Event. SECTION 10. ENTIRE AGREEMENT This Agreement, including any exhibits hereto, embodies the complete agreement of the parties hereto with respect to the subject matter described herein, and supersedes {2800128-1, 077947-00001-01} Page 12 of 18 all oral or written previous or contemporary agreements or understandings between the parties relating to any of the matters herein, except to the extent additional terms and conditions may be included in the Special Event Permits each of the Participating Localities will have with WTC. To the extent additional terms and conditions are contained in the Special Events Permits, such terms and conditions will not contradict the terms of this Agreement. [remainder of page intentionally blank] {2800128-1, 077947-00001-01} Page 13 of 18 IN WITNESS WHEREOF, the parties have executed this Agreement by their authorized representatives. THE CITY OF ROANOKE Date: _______________ ____________________________________ By: Robert S. Cowell, City Manager COMMONWEALTH OF VIRGINIA ) City of Roanoke ) to-wit: The foregoing instrument was acknowledged before me this _____ day of _________ 2021, by Robert S. Cowell, the City Manager for the City of Roanoke, Virginia for and on behalf of the City of Roanoke, Virginia. My commission expires:__________________ ______________________________________ Notary Public Registration No. ________________________ [remainder of page intentionally blank] {2800128-1, 077947-00001-01}Page 14 of 18 THE TOWN OF VINTON Date: _______________ ____________________________________ By: Richard W. Peters, Jr., Town Manager COMMONWEALTH OF VIRGINIA ) County of Roanoke ) to-wit: The foregoing instrument was acknowledged before me this _____ day of _________ 2021, by Richard W. Peters, Jr., the Town Manager for the Town of Vinton, Virginia for and on behalf of the Town of Vinton, Virginia. My commission expires:__________________ ______________________________________ Notary Public Registration No. ________________________ Approved to form: ________________________________ Town Attorney [remainder of page intentionally blank] {2800128-1, 077947-00001-01}Page 15 of 18 THE COUNTY OF ROANOKE Date: _______________ ____________________________________ By: Daniel R. O’Donnell, County Administrator COMMONWEALTH OF VIRGINIA ) County of Roanoke ) to-wit: The foregoing instrument was acknowledged before me this _____ day of _________ 2021, by Daniel R. O’Donnell, the County Administrator for the County of Roanoke, Virginia, for and on behalf of County of Roanoke , Virginia. My commission expires:__________________ ______________________________________ Notary Public Registration No. ________________________ Approved to form: ________________________________ Office of the Roanoke County Attorney [remainder of page intentionally blank] {2800128-1, 077947-00001-01} Page 16 of 18 THE COUNTY OF BOTETOURT Date: _______________ ____________________________________ By: Gary Larrowe, County Administrator COMMONWEALTH OF VIRGINIA ) County of Botetourt ) to-wit: The foregoing instrument was acknowledged before me this _____ day of _________ 2021, by Gary Larrowe, the County Administrator for the County of Botetourt, Virginia, for and on behalf of County of Botetourt, Virginia. My commission expires:__________________ ______________________________________ Notary Public Registration No. ________________________ [remainder of page intentionally blank] {2800128-1, 077947-00001-01} Page 17 of 18 ROANOKE VALLEY CONVENTION AND VISITOR’S BUREAU, D/B/A VISIT VIRGINIA’S BLUE RIDGE Date: _______________ ____________________________________ By: Landon C. Howard, President COMMONWEALTH OF VIRGINIA ) City/ County of __________________ ) to-wit: The foregoing instrument was acknowledged before me this _____ day of _________2021, by Landon C. Howard, President of Roanoke Valley Convention and Visitors Bureau D/B/A Visit Virginia’s Blue Ridge, for and on behalf of Roanoke Valley Convention and Visitors Bureau D/B/A Visit Virginia’s Blue Ridge. My commission expires:__________________ ______________________________________ Notary Public Registration No. ________________________ [remainder of page intentionally blank] {2800128-1, 077947-00001-01} Page 18 of 18 WORLD TRIATHLON CORPORATION Date: _______________ ____________________________________ By: Shane Facteau, Chief Operating Officer State of Florida ) County of __________________ ) to-wit: The foregoing instrument was acknowledged before me this _____ day of _________2021, by Shane Facteau, Chief Operating Officer of World Triathlon Corporation, for and on behalf of World Triathlon Corporation. My commission expires:__________________ ______________________________________ Notary Public Registration No. ________________________ [remainder of page intentionally blank] 1 RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, FEBRUARY 16, 2021, AT 7:00 P.M., 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 WHEREAS, the local governments of the City of Roanoke, the Town of Vinton, the County of Roanoke and the County of Botetourt desire to partner with the Roanoke Valley Convention and Visitors Bureau and the World Triathlon Corporation (WTC) to host the Visit Virginia’s Blue Ridge IRONMAN 70.3 on June 6th, 2021; and WHEREAS, the VVBR IRONMAN 70.3 is a world class elite level triathlon that will feature swimming, bicycling and running and will attract visitors from all over the United States and the World, introducing thousands of visitors to our local communities; and WHEREAS, the event will take place or travel through portions of each of the four localities, thereby requiring the local governments to assist and support the event with staff, use of facilities, the closing certain public roads and providing for the participants and spectators public safety; and WHEREAS, WTC and the event organizers agree to properly insure, indemnify, protect, defend and hold harmless the participating localities while working on behalf of the event; and WHEREAS, WTC agrees to reimburse the participating localities for any direct out-of-pocket expenses that are incurred in support of the event. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF VINTON, VIRGINIA, AS FOLLOWS: 1. The Memorandum of Understanding is hereby approved in a form substantially similar to the one presented to Council and approved by the Town Attorney. 2. The Town Manager is hereby authorized, for and on behalf of the Town, to execute and then deliver the Memorandum of Understanding and any other necessary documents in furtherance of the same. This Resolution adopted on motion made by Council Member _______________, seconded by Council Member __________________, with the following votes recorded: AYES: NAYS: 2 APPROVED: _______________________________ Bradley E. Grose, Mayor ATTEST: ______________________________________ Susan N. Johnson, CMC, Town Clerk 1 Meeting Date February 16, 2021 Department Council Issue Appointments to Boards/Commissions/Committees Summary Council needs to make appointments to the following: Board of Zoning Appeals Justin Davison has resigned from the Board of Zoning Appeals effective December 18, 2020. Meghan Noga has submitted her application and is interested in being appointed to complete Mr. Davison’s unexpired term beginning February 16, 2021 and ending June 30, 2022. Teresa Davis has submitted her application and is interested in being appointed as an alternate for a term beginning February 16, 2021 and ending February 15, 2026. Highway Safety Committee The terms of Henry Cantrell, Wayne Guffey, Sarah Reid and Craig Burch all expire on March 5, 2021. All four are interested in being reappointed to a new three-year term beginning March 6, 2021 and ending March 5, 2024. Lee Minnix has submitted her application and is interested in being appointed to fill the vacant position for a three-year term beginning March 6, 2021 and ending March 5, 2024. Attachments None Recommendations Nominate and motion to appoint individuals Town Council Agenda Summary Meeting Date February 16, 2021 Department Finance/Treasurer Issue Finance Committee Summary The Finance Committee met on February 8, 2021 and the following items were discussed at the meeting: • Items of Discussion • Update on Debt Financing Status • Budget Resolution – Bexhill Driveway Apron • December 2020 Financial Statements • FY22 Budget Update Attachments PowerPoint Presentation December 2020 Financial Report Summary Recommendations Motion to approve December 2020 Financial Report Town Council Agenda Summary Report from Finance Committee Town Council Meeting 2/16/2021 Items of Discussion •Update on Debt Financing Status •Budget Resolution –Bexhill Driveway Apron •December 2020 Financial Statements •FY22 Budget Update 2 Finance Department/Treasurer’s Office Financial Report for December 2020 General Fund •Revenues at 117% of Budget Expectations •Expenditures at 94% of Budget Expectations Grant Fund •Revenues at 18% of Budget Expectations •Expenditures at 8% of Budget Expectations 3 Finance Department/Treasurer’s Office Financial Report for December 2020 Utility Fund •Revenues at 114% of Budget Expectations •Expenditures at 101% of Budget Expectations Capital Fund •Revenues at 100% of Budget Expectations •Expenditures at 313% of Budget Expectations Stormwater Fund •Revenues at 100% of Budget Expectations •Expenditures at 89% of Budget Expectations 4 Finance Department/Treasurer’s Office Financial Report for December 2020 5 Finance Department/Treasurer’s Office Account Balance General Fund Cash $2,062,042.81 Grant Fund Cash 250,781.76 Utility Fund Cash 1,288,157.69 Capital Fund Cash 210,945.03 Stormwater Fund Cash 86,736.03 Total Cash $3,898,663.32 Restricted Funds $508,730.57 Police Evidence Fund $26,676.13 Account Balance General Fund Investments $2, 332,379.87 Utility Fund Investments 980,393.60 Total Investments $3,312,773.47 Total Cash & Investments $7,211,436.79 Other Items •Update on Debt Financing Status •Davenport & Company Briefing on 2/16/21 •Budget Resolution –Bexhill Driveway Apron •Consent Agenda on 2/16/21 •FY22 Budget Update •March 5th –Council Retreat •April 6th –Adoption of Tax Rates •May 18th –Work Session (or Public Hearing) •June 1st –Public Hearing (or Budget Adoption) •June 15th –Budget Adoption 6 Finance Department/Treasurer’s Office Action Item •Motion to approve December 2020 Financial Report 7 Finance Department/Treasurer’s Office Financial Report Summary December 31, 2020 Budget Budget Posted Posted Balance YTD General Fund 200 Revenues 7,168,550 2,767,801 1,052,122 3,230,601 462,800 117% Expenditures 7,168,550 3,692,992 654,026 3,464,837 (228,155) 94% Revenues over/(under) Expenditures (925,191) 398,096 (234,236) Grant Fund 250 Revenues 4,000 4,395,609 307,659 776,216 (3,619,393) 18% Expenditures 4,000 4,395,609 62,710 349,869 (4,045,740) 8% Revenues over/(under) Expenditures - 244,949 426,347 Utility Fund 300 Revenues 3,826,500 1,875,346 553,715 2,144,710 269,364 114% Expenditures 3,826,500 1,996,557 533,669 2,008,534 11,977 101% Revenues over/(under) Expenditures (121,211) 20,046 136,176 Capital Fund 400 Revenues 175,000 87,465 14,583 87,500 35 100% Expenditures 175,000 87,500 85,055 273,825 186,325 313% Revenues over/(under) Expenditures (35) (70,472) (186,325) Stormwater Fund 600 Revenues 499,477 249,639 41,623 249,739 100 100% Expenditures 499,477 233,989 36,663 207,084 (26,905) 89% Revenues over/(under) Expenditures 15,650 4,960 42,655 Total All Funds Revenues 11,673,527 9,375,860 1,969,702 6,488,766 (2,887,094) 69% Expenditures 11,673,527 10,406,647 1,372,123 6,304,149 (4,102,498) 61% Revenues over/(under) Expenditures (1,030,787) 597,579 184,617