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HomeMy WebLinkAbout1/5/2021 - Regular1 Vinton Town Council Regular Meeting Tuesday, January 5, 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, January 5, 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, January 4, 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 the minutes of the Regular Council Meeting of December 1, 2020 H. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS Bradley E. Grose, Mayor 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 I. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. J. PUBLIC OPENING OF FRANCHISE BIDS FOR ELECTRIC POWER TRANSMISSION AND DISTRIBUTION THROUGHOUT THE TOWN OF VINTON K. PUBLIC HEARING 1. Consideration of public comments concerning approving an Ordinance proposing to sell and grant a franchise for an electric power transmission and distribution system throughout the Town of Vinton a. Open Public Hearing • Report from Staff – Town Attorney • Receive public comments • Council discussion and questions b. Close Public Hearing c. Consider adoption of an Ordinance L. TOWN ATTORNEY M. TOWN MANAGER 1. BRIEFINGS 2. ITEMS REQUIRING ACTION 1. Consider adoption of a Resolution approving and authorizing the Mayor and Town Clerk to execute the Employment Agreement between the Town and Town Manager, retroactive to January 1, 2021 2. Consider adoption of a Resolution verifying and approving utility accounts receivable arrearages are in excess of one percent of annual operating revenues – Anne Cantrell 3. PROJECT UPDATES/COMMENTS N. REPORTS FROM COUNCIL COMMITTEES O. APPOINTMENTS TO BOARD/COMMISSIONS/COMMITTEES 1. Board of Zoning Appeals 2. Planning Commission P. MAYOR Q. COUNCIL R. 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: January 11, 2021 - 2:00 p.m. – Finance Committee Meeting January 13, 2021 – 8:30 a.m. – Public Works Committee Meeting January 19, 2021 – 7:00 p.m. – Regular Council Meeting Meeting Date January 5, 2021 Department Town Clerk Issue Consider approval of the minutes of the Regular Council Meeting of December 1, 2020 Summary None Attachments December 1, 2020 Recommendations Motion to approve minutes Town Council Agenda Summary 1 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, DECEMBER 1, 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 William Herndon, Assistant Public Works Director Chasity Barbour, Community Programs & Facilities Director Nathan McClung, Principal Planner Julie Tucei, Planning & Zoning Coordinator The Vinton Town Council meeting was held via Zoom with livestreaming on the Town of Vinton, Virginia Government Facebook Page. The Mayor called the regular meeting to order The Town Clerk called the roll with Council Member Liles, Council Member Mullins, Council Member Stovall, Vice Mayor McCarty and Mayor Grose present Clerk next announced the names of staff and others present, confirmed that the meeting was Ordinance No. 1016 and Section 4-0.01(g) of Chapter 1289 of the 2020 Acts of the Virginia 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/ announced the following: December 3 – 6:00 p.m. – Vinton Christmas tree lighting 2 Spaghetti Dinner – 4-7:00 p.m. – Vinton Moose Lodge; December 5 – 10:00 a.m. – 2:00 p.m. - Histo House; December 8 – 6:30 p.m. – Santa Claus Crawl – Vinton Neighborhoods and December 17 – 5-7:00 p.m. - Open House – Charles R. Hill Community Center. Chasity Barbour gave further details regarding the Santa Claus Crawl Council Member Liles made a motion to approve the Consent Agenda as presented; the motion was seconded by Stovall and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Adopted Resolution No. 2389 appropriating $20,213.00, received from the Department of Motor Vehicles, $13,475.00 in Federal funds and the Town’s required in- $6,738.00 for Overtime Selective Enforcement, training, and equipment; adopted Resolution No. 2390 appropriating required $35,169.00 in- participation in the DUI Task Force Grant; adopted Resolution No. 2391 appropriating funds in the amount of $ Police Assistance (HB 599) 200.2201.009 in the amount of $7,906.00 to the Police Department new storage for weapons; adopted Resolution No. 2392 appropriating $2,286.00 received from Town’s required 50% in-kind match to purchase bulletproof vests; adopted Resolution No. 2393 appropriating funds in the amount of $11,907.45 from the ATF Forfeitures Revenue Fund to the Po and Supplies to purchase office furniture; adopted Resolution No. 2394 appropriating funds in the amount of $463.90 for the receipt of involved in an accident The next item on the agenda was the effective January 1, 2021. Vice Mayor McCarty Jr. as Town Manager effective January 1, 2021, Liles and carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) 3 The next item on the agenda was the appointment of the Police Chief to be effective December 1, 2020. Council Member Stovall appoint Fabricio Drumond as Police Chief effective December 1, 2020 seconded by Vice Mayor McCarty by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) – Stovall, McCarty, Grose; Nays (0) – None. effective December 1, 2020 Under awards, introductions, presentations and proclamations, the the Town’s had received the National Association of Government Web Professionals (NAGW) 2020 Pinnacle Award for City/County Small Population fo Town Clerk next the award and recognized the members of the design. Julie Tucei expressed appreciation for the oversee the website for the Town and for all of the departments that assist her in keeping it up to date. The next item on the agenda was the consideration of public comments concerning the Petition of Giacomo Montuori, for a Special Road, Vinton, Virginia, tax map number 060.20- 05-64.00- District. The Mayor opened the Public Hearing at 7:15 p.m. 17, 2020 meeting. The November 19, 2020 and voted unanimously to gambling devices or skill games as defined by the Virginia State Code would be allowed within the building associated with the arcade use This condition would prevent the arcade from becoming a sweepstakes or internet café. Mr. Montuori has indicated that the intent is for it to Public Hearing Opened 4 condition would require the petitioner to go through the Change of Use process. In 2016 a site plan and associated building plans were approved for an ice cream and coffee shop with a drive-thru. With the addition of an arcade, the Building Commissioner will require a Change of Use to accommodate for the new building code that includes entertainment uses. Mr. McClung next showed the building plans on his screen and commented that s intent of the General Business District and the surrounding area. cleaner, which is currently vacant. The arcade is intended to be family-friendly umbrella of the New York Pizza Restaurant and the two buildings. Mr. Montuori participated in the meeting electronically. Hearing no comments, the Public Hearing was closed at 7:20 p.m. Council Member Mullins approve the Ordinance motion was seconded by Vice Mayor McCarty and carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Public Hearing Closed Petition of Giacomo Montuori, for a Special Use Permit (SUP) for a proposed commercial indoor Vinton, Virginia, tax map number 060.20-05- 64.00-0000, zoned GB General Business District The next item on the agenda was a briefing on the extension of the roll-over accrual date for June 30, 2021. Donna Collins commented that due to the COVID-19 impact this year and the CDC and VDH guidelines that inhibited travel, a number of Town employees have not been able to take vacation. Staff is recommending that any vacation time that has exceeded the limits according to the employee handbook be extended through June 30, 2021. The next item on the agenda was to consider adoption of a Resolution approving changes to the FY2021 Classification Plan and expenditure budget. Pete Peters first 5 June included the freezing of several positions in anticipation that revenues would be impacted due to the COVID-19 pandemic. Council directed staff to monitor the revenues and come back to Co recommendation on when they could start releasing some funds positions four positions to be unfrozen and the one position to be reclassified. Liles commented that Cantrell met with all of Council individually on the matter and they support what they are trying to do. Council Member Stovall approve the Resolution as presented Mullins and carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Adopted Resolution No. 2395 approving changes to the FY2021 Classification Plan and expenditure budget The next item on the agenda was to consider adoption of a Resolution approving and initiating the National League of Cities (NLC) Service Line Program. first commented that Council been briefed on the NLC Residential Water and Loss Protection Program. After the briefings, Town Staff further and Service Line Program only, but analyze the Water Loss Protection Program The Service Line Program can select the coverage they want; the time period covered and can time. The Company will handle all the billing number to call 24- Company will handle the repairs. Council Member Liles made a motion to approve 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 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – Adopted Resolution No. 2396 6 The Acting Town Manager made comments and congratulated Fabricio Drumond appointed the new Police Chief expressed confidence in appointing him as the new Town Manager and thanked his family previous co-workers for their support. Under reports from Council Committees, Pete Peters provided a report on the Public Works Committee which met on November 18, 2020. Walnut Avenue Bike and Ped Improvement Project, which is a VDOT funded project that extends from the City limits on Wise Avenue to the 5th Street Bridge. The design of the project is at approximately 60-70% with the feedback on the improvements and have begun the process of acquisition of right-of- accomplish the improvements. The Glade Creek Greenway Phase 2A sewer realignment currently underway. With regard to the 2nd following a meeting of the Highway and Public Safety Committees concerns about speeding, staff was directed to hire a consultant to do a traffic study on 2nd and 3rd improvements to 2nd Street and the traffic analyses traffic in that corridor honors the speed limit and maintains pretty safe practices. Valley Resource Authority Board has provided some updates on their analysis of potential transition to rail versus truck. The final anticipate a recommendation from that Board in the near future. With regard to the Right-of- Ordinance quite some time, it has been recommended that we put it on hold at this time in order to get the 7 make sure we are addressing the issues adequately and communicating those to the citizens before rolling something out. There is bulk collection operations and the need to make some adjustments. Staff has been meeting with the some great feedback on our current solid waste ordinance, the new tru refuse in the Town. our residents with the ultimate goal to keep the Town looking good. Under appointment to boards/commissions/ committees, Council Member Liles motion to appoint Richard W. Peters, Jr. to the Roanoke Regional Partnership to replace Barry W. Thompson; Council Member Mullins following vote, with all members voting: Vote 5- 0; Yeas (5) – Grose; Nays (0) – None. Appointed Roanoke Regional Partnership to replace Barry W. Thompson The Mayor congratulated Pete Peters on his Drumond on his appointment as Police Chief followed by brief comments. expressed appreciation to their predecessors, Foster for their leadership. Comments from Council Members: Vice Mayor McCarty and other Members of Council businesses in Town during the holidays. Chief Drumond expressed appreciation to confidence shown in him by appointing him as Chief of Police and to U.S. Marshal Tom Foster for the confidence he showed in him succession plan. Chief Drumond also thanked his law enforcement family along with his wife Council Member Mullins made a motion to adjourn the meeting; the motion was seconded 8 following vote, with all members voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None Meeting adjourned APPROVED: ________________________________ Bradley E. Grose, Mayor ATTEST: ______________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date January 5, 2021 Department Council Issue Public Opening of Franchise Bids for Electric Power Transmission and Distribution through the Town of Vinton Summary Council was briefed at their December 15, 2020 meeting regarding a request from AEP Appalachian Power requesting a new 20-year franchise with the Town for an electric power transmission and distribution system throughout the Town. Following that meeting, a Notice of Public Hearing and Invitation to Bid was advertised in The Vinton Messenger on December 24 and December 31, 2020. Bids may be received from any entity seeking the grant of the franchise. The Mayor will authorize and direct the Town Clerk to open and read aloud a brief summary of each of the franchise bids that have been received. Attachments None Recommendations No action needed at this time. The matter will proceed to a public hearing later in the meeting. Town Council Agenda Summary Meeting Date January 5, 2021 Department Town Attorney Issue Consideration of public comments concerning approving an Ordinance proposing to sell and grant a franchise for an electric power transmission and distribution system throughout the Town of Vinton. Summary Council was briefed at their December 15, 2020 meeting regarding a request from AEP Appalachian Power requesting a new 20-year franchise with the Town for an electric power transmission and distribution system throughout the Town. Following that meeting, a Notice of Public Hearing and Invitation to Bid was advertised in The Vinton Messenger on December 24 and December 31, 2020. Prior to the Public Hearing, all bids received will be opened and read by the Town Clerk. Council will now proceed to hold a public hearing on the proposed Ordinance and the bids received for the grant of the franchise, and to conduct such other investigation as the Council sees fit to make. After the public hearing and to conduct such other investigation as the Council sees fit to make, the Council may proceed to adopt the Ordinance granting a franchise to the selected bidder. The Town Attorney will present the staff report on this item during and public hearing. Attachments Ordinance Recommendations Conduct Public Hearing Motion to adopt Ordinance as advertised, without substantial variation, except to insert the name of the accepted bidder. Town Council Agenda Summary 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: 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. 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. 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. 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. 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. 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 8 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 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: To the Town: To the Grantee: 9 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 January 5, 2021 Department Council Issue Consider adoption of a Resolution approving and authorizing the Mayor and Town Clerk to execute the Employment Agreement between the Town and Town Manager, retroactive to January 1, 2021 Summary On December 1, 2020, Vinton Town Council appointed Richard W. Peters, Jr. as Town Manager effective January 1, 2021. Town Council and the Town Manager have negotiated an Employment Agreement and it is necessary that Town Council approve and authorize the Mayor and Town Clerk to execute said Employment Agreement, retroactive back to January 1, 2021. Attachments Employment Agreement Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary {00386360.DOC } 1 EMPLOYMENT AGREEMENT BETWEEN RICHARD W. PETERS JR. AND THE TOWN OF VINTON This agreement (hereinafter "Agreement") is made and entered into this __st/th day of ____ 20__, by and between the Town of Vinton, a municipal corporation as represented by the Town Council (hereinafter "TOWN"), and Richard W. Peters, Jr., an individual who has education, training, and experience in local government management and who, as a member of ICMA, is subject to the ICMA Code of Ethics, (hereinafter "EMPLOYEE") both of whom agree as follows: RECITALS: A. TOWN desires to secure and retain the services of EMPLOYEE and to provide inducement for EMPLOYEE to remain in employment, make possible full productivity by assuring EMPLOYEE'S peace of mind with respect to future security, and act as a deterrent against malfeasance or dishonesty for personal gain on the part of EMPLOYEE while also providing a just means for terminating EMPLOYEE'S services at such time as EMPLOYEE may be unable to fully discharge his duties; or when TOWN may otherwise desire to terminate EMPLOYEE. B. The parties have entered into this Agreement in recognition of the benefits accruing to each party. This Agreement will insure the retention of EMPLOYEE'S services as Town Manager and the performance of those duties in a manner which serves the best interests of TOWN, subject to the direction of Town Council. This Agreement also provides for an equitable manner of resolving issues regarding the termination of the employment relationship, should that occur. C. EMPLOYEE desires employment as the Town Manager of the Town of Vinton. NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions set forth below the parties agree as follows: Section 1: Duties A. Pursuant to Section 4.2 the TOWN Charter, TOWN hereby agrees to appoint and employ Richard W. Peters Jr. as Town Manager of said TOWN to perform the functions and duties specified in Section 4.8 of the Charter, the Vinton Town Code, and the Constitution and laws of the Commonwealth of Virginia, and to perform other legally permissible and proper duties and functions as the Town Council shall from time to time assign. The Town Manager shall devote substantially his full-time attention to performing duties assigned by Council. Town of Vinton 311 S. Pollard Street Vinton, VA 24179 Phone (540) 983-0607 Fax (540) 983-0626 Council Members Keith N. Liles Sabrina McCarty Laurie J. Mullins Mike Stovall Bradley E. Grose {00386360.DOC } 2 B. EMPLOYEE shall be the chief appointed officer of the TOWN and shall faithfully perform EMPLOYEE’S lawfully prescribed and assigned duties with reasonable care, diligence, skill, and expertise in compliance with all applicable, lawful governing body directives, state, local, and federal laws, TOWN policies, rules, and ordinances as they exist or may hereafter be amended or enacted. C. Except as may be provided otherwise by applicable law or regulation, EMPLOYEE shall have the ultimate supervisory and managerial authority and responsibility to hire, direct, assign, reassign, evaluate, change the terms and conditions of employment, and terminate the employment of all other employees of TOWN, other than those employees appointed by Town Council, consistent with the policies of the governing body and the ordinances and charter of the TOWN, which authority may be delegated by EMPLOYEE to such other employees as EMPLOYEE deems appropriate. D. EMPLOYEE shall attend and be permitted to attend, whether personally or through a designee of EMPLOYEE’S choosing, all meetings of TOWN’S governing body, both public and closed, with the exception of those closed meetings devoted to the subject of this Agreement, or any amendment thereto, or the EMPLOYEES’s evaluation, unless otherwise provided by applicable law or regulation. E. TOWN agrees to promptly communicate and provide EMPLOYEE a reasonable opportunity to cure all substantive criticisms, complaints, and suggestions with respect to EMPLOYEE’S performance of services pursuant to this Agreement; provided, however, nothing in this Section shall limit the TOWN’S ability to terminate this Agreement under Section 9. Section 2: Term The Town Manager will serve at the will, pleasure, and discretion of the Vinton Town Council. EMPLOYEE may resign at any time from his position with TOWN provided he gives TOWN (30) days written notice in advance and, in which event, he foregoes any right to severance pay. Section 3: Compensation and Benefits A. Base Salary. TOWN agrees to pay EMPLOYEE an annual base salary of One Hundred and Twelve Thousand Dollars ($112,000) as of effective date of appointment of January 1st 2021, payable in accordance with a pre-determined schedule applicable to all Town employees. B. At any time during the term of the Agreement, the TOWN may, in its discretion, review and adjust the salary of the EMPLOYEE, but in no event shall the EMPLOYEE be paid less than the salary set forth in Section 3.A. of the Agreement except by mutual written agreement between EMPLOYEE and TOWN. Such adjustments, if any, shall be made pursuant to a lawful governing body action. In such event, TOWN and EMPLOYEE agree to provide their best efforts and reasonable cooperation to execute a new agreement incorporating the adjusted salary. C. Pay Adjustments and Merit Increases in Compensation. TOWN may increase said base salary and/or other benefits of EMPLOYEE in such amount and to such extent as TOWN may determine that it is desirable based on (1) annual performance evaluation, (2) cost of living and other economic indicators, and/or (3) market conditions for managers in similar communities. D. Health, Disability and Life Insurance Benefits. Upon commencement of employment, EMPLOYEE shall be entitled to receive the same health, disability and life insurance benefits provided to other employees covered by the Town of Vinton Employee Handbook as set forth in the Handbook as it may be amended from time to time. {00386360.DOC } 3 E. Retirement Benefits. EMPLOYEE shall contribute, as all other TOWN employees, five percent (5%) of EMPLOYEE'S gross annual salary to the Virginia Retirement System ("VRS"). The TOWN will continue to pay its employer's share of the actuary rate set by VRS. F. Deferred Compensation Retirement Benefit. In addition to the Employer’s payment to VRS, TOWN shall contribute to EMPLOYEE'S 457 Deferred Compensation Plan in the amount of Five- Thousand and Two Hundred Dollars ($5,200) per year, which shall be paid directly into the 457 plan in equal installments. G. Except as otherwise provided in this Agreement, the EMPLOYEE shall be entitled, at a minimum, to the maximum level of benefits available to other employees, department heads, or general employees of the TOWN as provided by the TOWN’S policies, Charter, ordinances, or Town of Vinton Employee Handbook. Section 4. Residency Requirement, Relocation and Moving Expenses A. Residency Requirement. Employee agrees to establish residence within the utility service limits of the local government, by July 1, 2023, and thereafter to maintain a primary residence within the utility service limits of the local government. B. Hardship. If the EMPLOYEE can show hardship, TOWN will consider granting an extension of an additional six (6) months to establish residence. C. Relocation and Moving Expenses. TOWN agrees to compensate EMPLOYEE for moving expenses upon submitting receipts up to the amount of Seven Thousand and Five Hundred Dollars ($7,500). Section 5. Accrual and Use of Leave A. Vacation Accrual. The EMPLOYEE shall accrue vacation on an annual basis at a rate of 168 hours per year in accordance with the Town of Vinton Employee Handbook as amended from time to time. B. Sick Leave Accrual. EMPLOYEE shall accrue sick leave at a rate of twelve (12) days per year in accordance with the Town of Vinton Employee Handbook as amended from time to time. C. Use of Leave. EMPLOYEE is entitled to accrue all leave according to the Town of Vinton Handbook as amended from time to time, and in the event EMPLOYEE'S employment is terminated, either voluntarily or involuntarily, he shall be compensated for all unused accrued vacation leave at the rate of pay of the date of separation up to the maximum carry over according to the Town of Vinton Employee Handbook as amended from time to time. D. Work Hours. It is recognized that this position is of significant responsibility where overtime work is often the norm rather than the exception and the EMPLOYEE must devote a great deal of time outside the normal office hours to the business for TOWN, and to that end, the EMPLOYEE may be granted time off on a discretionary basis during said normal office hours as long as prior approval has been received from the Mayor or the Mayor’s designee. EMPLOYEE is in an Exempt position classification under the federal Fair Labor Standards Act and similar state laws; therefore, EMPLOYEE shall not receive additional compensation or compensatory time off for working in excess of 40 hours in a workweek. Section 6. General Business Expenses A. TOWN acknowledges the value of having EMPLOYEE participate and be directly involved in memberships that will enhance and contribute to the professional development of EMPLOYEE. {00386360.DOC } 4 TOWN agrees to budget for and to pay for professional dues and subscriptions of EMPLOYEE for continuing and full participation in national, regional, state, and local associations, and organizations necessary and desirable for EMPLOYEE'S continued professional participation, growth, and advancement, and for the good of TOWN. TOWN shall review EMPLOYEE'S requests for membership, professional development, and attendant travel thereto during the normal budget review process. A determination of whether a professional association or organization is necessary and desirable is within the sole discretion of TOWN. B. TOWN agrees to budget and pay for travel and subsistence expenses of Employee for professional and official travel, meetings, and occasions to adequately continue the professional development of Employee and to pursue necessary official functions for TOWN, including but not limited to national, regional, state and local affiliate conferences or meetings. Section 7: Vehicle and Professional Business Allowances A. TOWN agrees to pay to the EMPLOYEE in addition to other salary and benefits herein provided, the sum of Six-Hundred Dollars ($600) per month, as a vehicle and fuel allowance to be used to purchase, lease, or own, operate and maintain a vehicle. The EMPLOYEE shall be responsible for paying for liability, property damage, and comprehensive insurance coverage upon such vehicle and shall further be responsible for all expense’s attendant to the purchase, operation, maintenance, repair, and regular replacement. Approved business travel beyond a 60 mile radius of Town limits, will be eligible for additional reimbursement as a travel expense. B. Recognizing the importance of constant communication and maximum productivity of the EMPLOYEE'S duties while working outside of the office and outside of typical business hours, TOWN shall provide EMPLOYEE with a laptop or tablet and a One-Hundred and Twenty-Five Dollars ($125.00) per month allowance for remote and mobile communication expenses (at- home internet and cell phone). Section 8: Performance Evaluation A. It is mutually agreed that the adopted operating budget for each fiscal year generally contains the goals and objectives developed by TOWN. B. Within ninety (90) days of the date of this Agreement, or at some other mutually agreeable time, EMPLOYEE and the Town Council will establish performance goals for EMPLOYEE. C. TOWN shall thereafter annually review the performance of the EMPLOYEE in July, subject to a process, form, criteria, and format for the evaluation which shall be mutually agreed upon by the TOWN and EMPLOYEE. D. If the Town Council concludes EMPLOYEE'S job performance warrants a salary increase for merit, the Council may grant a merit adjustment in an amount determined by the Council, to be effective at the beginning of each fiscal year. E. Unless otherwise agreed by the TOWN and the EMPLOYEE, the TOWN’S evaluation of the EMPLOYEE shall be conducted in executive session and shall be considered confidential to the extent permitted by law. Nothing herein shall prohibit the TOWN or EMPLOYEE from sharing the content of the EMPLOYEE’S evaluation with their respective legal counsel. F. In the event the TOWN deems the evaluation instrument, format and/or procedure is to be modified by the TOWN and such modifications would require new or different performance expectations, then the EMPLOYEE shall be provided a reasonable period of time to demonstrate such expected performance before being evaluated. {00386360.DOC } 5 Section 9: Separation of Employment A. EMPLOYEE may voluntarily separate from TOWN service by delivering a letter of resignation to the Town Council not less than thirty (30) days prior to the effective date of the resignation. This Agreement to provide a thirty (30) day notice of resignation is an additional consideration for various benefits provided herein to EMPLOYEE. B. This Agreement shall terminate upon Town Council's determination, within its sole purview, that one of the following events has occurred: (i) the death of EMPLOYEE; (ii) the loss by EMPLOYEE of legal capacity; (iii) commission and/or conviction of a felony or misdemeanor involving moral turpitude or an illegal act involving personal gain; (iv) the willful breach of material duty by the EMPLOYEE in the course of his employment; (v) repeated and protracted unexcused absences from the Town Manager's office and duties; (vi) commission of an unethical act; (vii) unsatisfactory completion of standard pre-employment physical and drug/alcohol screening; or (viii) unsatisfactory completion of a criminal background check. Termination under this Subsection shall be considered “’termination for cause.” C. In the event of the termination of this Agreement for one of the causes enumerated in Paragraph B of this Section 9, the EMPLOYEE shall be entitled to the compensation earned by him prior to the date of termination as provided for in this Agreement computed pro rata up to and including that date; the EMPLOYEE shall be entitled to no further compensation after the date of termination. D. Notwithstanding any provision of this Agreement to the contrary, the TOWN may terminate EMPLOYEE’s without cause at any time, with or without notice; provided, however, the severance payments in Section 10 shall apply. Termination under this Subsection shall be considered “’termination without cause.” Section 10: Severance A. In the event EMPLOYEE is terminated by the Town Council without cause (i.e., for reasons other than those enumerated in Paragraph B of Section 9 above), EMPLOYEE shall be entitled to receive severance pay of six (6) months. B. Severance pay is in addition to any accrued vacation leave benefits owing at the time of termination. For the purpose of this Agreement, "severance" shall include salary and maintaining health benefits, life insurance, and retirement contributions for the time period applicable herein. C. The amount of severance for salary shall be paid in a lump sum payment to EMPLOYEE by TOWN within fifteen (15) working days after the effective date of EMPLOYEE'S involuntary resignation or termination or in a continuation of salary on the existing bi-weekly basis, at the EMPLOYEE’S option. Section 11: Outside Employment A. The employment provided for by this Agreement shall be EMPLOYEE'S primary employment. While outside employment is not prohibited, any employment must not interfere with the performance of EMPLOYEE'S job or conflict of one's responsibility to TOWN. B. Prior to any outside work (either self-employed or as an employee) EMPLOYEE must submit his request in writing to Town Council for approval. If at any time, it is determined by TOWN that the outside employment is harmful to the efficient performance of EMPLOYEE'S daily {00386360.DOC } 6 responsibilities, or is a conflict of interest, EMPLOYEE must discontinue the outside employment or resign his position with TOWN. C. TOWN recognizes that certain outside teaching opportunities provide indirect benefits to TOWN and the community; therefore, the EMPLOYEE may elect to accept limited teaching opportunities with the understanding that such arrangements shall not constitute interference with nor a conflict of interest with EMPLOYEE'S responsibilities under the Agreement. Section 12: Indemnification and Bonding A. Indemnification. To the extent permitted by applicable law, TOWN shall defend, save harmless and indemnify EMPLOYEE against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of EMPLOYEE'S duties as Town Manager, unless the act or omission involved willful or wanton conduct. To invoke the indemnification provisions of this Paragraph, EMPLOYEE must notify TOWN’S Mayor and the Town Attorney of any claim or demand or other legal action within seven (7) days of his first receiving notice of such claim. If no attorney is provided to EMPLOYEE by an insurance company or like plan, TOWN shall retain legal representation for EMPLOYEE at TOWN'S expense. EMPLOYEE shall retain the right to hire additional legal counsel at his own expense. Legal representation, provided by TOWN for EMPLOYEE, shall extend until a final determination of the legal action including any appeals brought by either party. To the extent permitted by applicable law, TOWN shall indemnify EMPLOYEE against any and all losses, damages, judgments , interest, settlements, fines, court costs and other reasonable costs and expenses of legal proceedings including attorney’s fees, and any other liabilities incurred by, imposed upon, or suffered by such EMPLOYEE in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performance of his duties as Town Manager unless the act or omission involved willful or wanton conduct. Any settlement of any claim must be made with prior approval of TOWN in order for indemnification, as provided in this Section, to be available. EMPLOYEE recognizes that TOWN shall have the right to compromise and settle any claim or suit; unless, said compromise or settlement involves an obligation on the part of EMPLOYEE of a personal nature. Further, TOWN agrees to pay all reasonable litigation expenses of EMPLOYEE throughout the pendency of any litigation to which EMPLOYEE is a witness or advisor to TOWN. Such expense payments shall continue beyond EMPLOYEE'S service as Town Manager as long as litigation is pending and shall include reasonable consulting fees if EMPLOYEE is no longer serving as Town Manager and is serving as an advisor. B. Bonding. TOWN shall bear the full costs of any fidelity or other bonds required of EMPLOYEE pursuant to Section 4.10 of the Town Charter. Section 13: General Provisions A. Entire Agreement. This Agreement sets forth and establishes the entire understanding between TOWN and EMPLOYEE relating to the employment of EMPLOYEE by the TOWN. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written agreement may amend any provision of this Agreement during the life of the Agreement. Such amendments shall be incorporated and made a part of this Agreement. This Agreement supersedes any and all other agreements, whether oral or in writing, between the parties hereto with respect to the employment of {00386360.DOC } 7 EMPLOYEE by TOWN and contains all of the covenants and agreements between the parties with respect to such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement will be effective only if it is in writing signed by the party to be charged. B. Death. If EMPLOYEE dies while still employed as Town Manager for TOWN, any monies that may be due him from TOWN under this Agreement as of the date of his death shall be paid to his executors, administrators, heirs, personal representatives, successors, and assigns. C. Severability. If any provision, or any portion thereof, contained in this Agreement, is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable and shall not be affected, but shall remain in full force and effect. The invalidity or partial invalidity or any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision. D. Precedence. In the event of any conflict between the terms, conditions and provisions of this Agreement and the provisions of TOWN’S policies, or TOWN’S ordinance or TOWN’S rules and regulations, or any permissive state or federal law, then, unless otherwise prohibited by law, the terms of this Agreement must take precedence over contrary provisions of TOWN’S policies, ordinances, rules and regulations or any such permissive law during the term of this Agreement. E. Written Materials. All written or printed materials used by EMPLOYEE in performing duties for TOWN are and shall remain the property of TOWN. Upon termination of employment, EMPLOYEE shall return such written or printed material to TOWN. F. Waiver. The parties hereto shall not be deemed to have waived any of their respective rights under this Agreement unless the waiver is in writing and signed by such waiving party. G. Effective Date. This Agreement shall become effective upon execution by both parties. H. Notices. Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: TOWN OF VINTON: Vinton Town Council Attention: Mayor 311 Pollard Street Vinton, VA 24179 EMPLOYEE: Richard W. Peters, Jr. 466 Thornblade Way Blue Ridge, VA 24064 Alternatively, notices required pursuant to this Agreement, may be personally served in the same manner as is applicable to civil judicial practice. {00386360.DOC } 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year set forth below. _____________________________ _______________________________________ DATE Richard W. Peters, Jr. _____________________________ _______________________________________ DATE Bradley E. Grose, Mayor Town of Vinton ATTEST: _____________________________ _______________________________________ DATE Susan N. Johnson, Town Clerk Town of Vinton Approved as to form: _____________________________ Town Attorney RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, JANUARY 5, 2021, AT 7:00 P.M., BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED WHEREAS, on December 1, 2020, Vinton Town Council appointed Richard W. Peters, Jr. as Town Manager effective January 1, 2021; and WHEREAS, Vinton Town Council and the Town Manager have negotiated an Employment Agreement and it is necessary that Town Council approve and authorize the Mayor and Town Clerk to execute said Employment Agreement, retroactive back to January 1, 2021. NOW THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE TOWN OF VINTON, VIRGINIA, AS FOLLOWS: 1. The Employment Agreement, retroactive to January 1, 2021, is hereby approved in a form substantially similar to the one presented to Council and approved by the Town Attorney. 2. The Mayor is hereby authorized to execute and the Town Clerk is authorized to attest the Employment Agreement on behalf of Vinton Town Council. 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 January 5, 2021 Department Finance Issue Consider adoption of a Resolution verifying and approving utility accounts receivable arrearages are in excess of one percent of annual operating revenues. Summary During the 2020 Special Session I (Appropriation Act Amendments, Item 4-14) the Virginia General Assembly approved specific procedures and requirements for utility service applicable in the coronavirus- related declared state of emergency, including provisions related to customer assistance grants, utility shutoffs for nonpayment, and customer utility debt repayment plans. After March 2020, the Town of Vinton issued a self-imposed disconnect moratorium and did not charge customers a late payment penalty until August 2020. The Town has always worked to assist customers in a fiscally responsible manner to pay utility bills with flexible repayment plans where appropriate. The Utility Fund’s only source of revenue is from charges for services provided, without reserve for payment forgiveness. The Town utilizes industry-standard collection processes for unpaid bills, including disconnection of water, which has historically proven effective in minimizing revenue losses. Town staff has prepared a written analysis from the accounting records to document that current receivable balances exceed the 1% of annual operating revenue budget. Language in the 2020 Special Session I by the Virginia General Assembly allows for the utility to seek an exemption from the disconnection moratorium for a utility with arrearages that exceed 1% of annual operating revenues. Based on the latest data, the Town’s receivables balance was approximately 4.44% of the FY21 Revenue Budget and qualifies to seek exemption. Attachments Written Analysis Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary WRITTEN ANALYSIS ON RECEIVABLE BALANCE TOWN OF VINTON 12/29/2020 FY21 Budget 3,826,500.00$ Receivable Over 30 Day Over 60 Day Over 90 Day Over 120 Day Total 12/15/2020 51,013.80 22,852.62 8,279.47 90,142.10 172,287.99 12/29/2020 46,272.52 23,195.93 9,833.07 90,691.98 169,993.50 Receivable % of Budget 12/15/2020 4.50% 12/29/2020 4.44% 1 RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, JANUARY 5, 2021, AT 7:00 P.M., BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED RESOLUTION VERIFYING AND APPROVING UTILITY ACCOUNTS RECEIVABLE ARREARAGES ARE IN EXCESS OF ONE PERCENT OF ANNUAL OPERATING REVENUES WHEREAS, during the 2020 Special Session I (Appropriation Act Amendments, Item 4-14) the Virginia General Assembly approved specific procedures and requirements for utility service applicable in the coronavirus-related declared state of emergency, including provisions related to customer assistance grants, utility shutoffs for nonpayment, and customer utility debt repayment plans; and WHEREAS, the Town of Vinton is well-positioned to implement these new procedures and requirements because the Town of Vinton has always worked to assist customers in a fiscally responsible manner to pay utility bills with flexible repayment plans where appropriate; and WHEREAS, the Utility’s only source of revenue is from charges for services provided, which are generally based on rates necessary to recover the full cost of operations without reserve for forgiveness of payment due for such services; and WHEREAS, the Utility employs industry-standard collection process for unpaid bills including disconnection of water service in appropriate cases, which historically has proven effective in minimizing losses; and WHEREAS, the Utility self-imposed a moratorium on disconnection of water service for unpaid bills in response to the coronavirus pandemic and continued to offer customers the opportunity to enter into reasonable repayment plans; and WHEREAS, during the disconnection moratorium period to date, customers generally have not availed themselves of repayment plan opportunities and instead have accumulated increasing debt; and WHEREAS, a significant number of accounts have increasing overdue balances such that customers may find their repayment responsibility difficult to manage without undertaking an effort now to begin paying down balances over time through a reasonable repayment plan; and WHEREAS, the Utility determined and documented in a written analysis from accounting records that account receivable arrearages exceed one percent of annual operating revenues and also provided such analysis to the Vinton Town Council as the Utility’s governing body; and WHEREAS, the Utility contemporaneously made the associated working papers verifying such facts available for public inspection. 2 NOW THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE TOWN OF VINTON, VIRGINIA, that it has reviewed the calculations of account receivable arrearages and verifies that the arrearages exceed one percent of annual operating revenues. BE IT FURTHER RESOLVED that the Utility resume normal collection procedures including disconnection of water service where necessary to achieve customer response, while also continuing normal procedures to avoid disconnecting water service for customers that request and implement repayment plans to bring accounts current over time. BE IT FURTHER RESOLVED that the Town Manager shall have the necessary authority to undertake all reasonable efforts and required processes to request, receive, and apply available state and federal customer assistance funding offered through the State Corporation Commission and the Virginia Department of Housing and Community Development, including appropriate modifications to normal billing and collection procedures as needed to facilitate such state and federal assistance. 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 January 5, 2021 Department Council Issue Appointments to Boards/Commissions/Committees Summary Council needs to make appointments to the following: Board of Zoning Appeals Allen Kasey’s term on the Board of Zoning Appeals expires on January 16, 2021. Mr. Kasey is interested in being re-appointed. Council needs to re-appoint Allen Kasey to a new five-year term beginning January 17, 2021 and ending January 16, 2026. Planning Commission Robert Benninger’s term on the Planning Commission expired on January 2, 2021. Mr. Benninger is interested in being re-appointed. Council needs to re-appoint Robert Benninger to a new four-year term beginning January 5, 2021 and ending January 4, 2025. Attachments None Recommendations Nominate and motion to appoint individuals Town Council Agenda Summary