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HomeMy WebLinkAbout7/20/2021 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, July 20, 2021 AGENDA Consideration of: A. 6:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM B. MOMENT OF SILENCE C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D. UPCOMING COMMUNITY EVENTS/ANNOUNCEMENTS E. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS F. CONSENT AGENDA G. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS 1. Recognition of Elizabeth “Liz” H. Belcher, Roanoke Valley Greenway Coordinator, in her retirement – Council 2. Recognition of four Public Works employees for assisting a resident in need while in the performance of their duties – Bo Herndon H. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. I. PUBLIC HEARINGS 1. Consideration of public comments regarding a proposed amendment to Town of Vinton’s FY 2021-2022 budget to accept and appropriate funds in the amount of $4,204,017 for Federal Funding received from the American Rescue Plan Act (ARPA). a. Open Public Hearing • Report from Staff – Cody Sexton • Receive public comments • Council discussion and questions b. Close Public Hearing c. Consider adoption of a Resolution 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. Consideration of public comments regarding a proposed amendment to the Town of Vinton’s FY 2021-2022 budget to appropriate funding to cover capital improvement projects and additional position funding in an amount not to exceed $1,221,139. a. Open Public Hearing • Report from Staff – Anne Cantrell • Receive public comments • Council discussion and questions b. Close Public Hearing c. Consider adoption of a Resolution 3. Consideration of public comments regarding proposed Rate Changes for Contractual Police Services for the Vinton Police Department. a. Open Public Hearing • Report from Staff – Anne Cantrell • Receive public comments • Council discussion and questions b. Close Public Hearing c. Consider adoption of a Resolution 4. Consideration of public comments regarding the proposed conveyance of six parcels of real property located within and adjacent to the intersection of South Pollard Street, Cedar Avenue and 1st Street, identified as Tax Map ID 060.15-06-38.00-0000, 060.15- 06-39.00-0000, 060.15-06-40.00-0000, 060.15-06-41.00-0000, 060.15-06-42.00-0000 and 060.15-06-43.00-0000 in the Town of Vinton, upon certain terms and conditions. a. Open Public Hearing • Report from Staff – Town Manager • Receive public comments • Council discussion and questions b. Close Public Hearing c. Consider adoption of a Resolution J. TOWN ATTORNEY K. TOWN MANAGER 1. BRIEFINGS a. Briefing on the creation of three positions: Police Officer I, Capital Projects Manager, and Utility Clerk – Cody Sexton 2. ITEMS REQUIRING ACTION a. Consider adoption of a Resolution authorizing the Town Manager to file an application for the allocation of FY21 Virginia Stormwater Local Assistance Fund (SLAF) grant funds for The Woodland Place Stream Restoration Project. The Project will allow for the removal of pollutants (sediment, phosphorus, nitrogen, and suspended solids) in order to meet the Virginia Department of Environmental Quality (DEQ) Municipal Separate Stormwater Sewer System (MS4) Permit requirements – Anita McMillan b. Consider adoption of a Resolution approving a one-time payment of $3,427.00 to Vinton Baptist Church and authorizing the Town Manager to execute a 3 Parking and Maintenance Contribution Agreement between the Town and Vinton Baptist Church – Town Manager 3. PROJECT UPDATES/COMMENTS L. REPORTS FROM COUNCIL COMMITTEES 1. Finance Committee – Anne Cantrell 2. Public Works Committee – Bo Herndon M. COUNCIL N. MAYOR O. ADJOURNMENT NEXT COMMITTEE/TOWN COUNCIL MEETINGS: August 3, 2021 – 6:00 p.m. - National Night Out (No regular Council) – Vinton War Memorial/Charles R. Hill Community Center August 9, 2021 – 2:00 p.m. – Finance Committee Meeting August 17, 2021 – 6:00 p.m. – Regular Council Meeting NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. efforts will be made to provide assistance or special arrangements to qualified individuals with disabilities in order to participate in or attend Town Council meetings. Please call (540) 983-0607 at least 48 hours prior to the meeting date so that proper arrangements may be made. Meeting Date July 20, 2021 Department Council Issue Recognition of Elizabeth “Liz” H. Belcher, Roanoke Valley Greenway Coordinator, in her retirement Summary Liz Belcher will be retiring as the Roanoke Valley Greenway Coordinator on August 1, 2021 after 25 years of service. Council and staff will recognize her at the meeting Attachments Proclamation Recommendations Read Proclamation Town Council Agenda Summary PROCLAMATION WHEREAS, on August 1, 2021, Elizabeth “Liz” H. Belcher will be retiring as the Roanoke Valley Greenway Coordinator after 25 years of service to the Town of Vinton and the region; and WHEREAS, in August of 1996, Ms. Belcher was employed by the Fifth Planning District Commission (now called the Roanoke Valley-Alleghany Regional Commission) as the Roanoke Valley Greenway Coordinator; and WHEREAS, Ms. Belcher has been instrumental in preserving open space, advocating for outdoor recreation, and supporting the development of greenways and trails in the Roanoke Valley; and WHEREAS, during Ms. Belcher’s tenure, the Roanoke Valley Greenway Commission was established by the signing of an Intergovernmental Agreement in 1997 between Roanoke City, Roanoke County, City of Salem, and the Town of Vinton, which was amended and restated to include Botetourt County in 2016; and WHEREAS, during Ms. Belcher’s tenure, the Pathfinders for Greenways, Inc., a 501(c)(3) non-profit organization, was formed in 1997 to involve citizens with development of greenways including education and promotion, volunteer coordination for construction and maintenance, and fundraising; and WHEREAS, Ms. Belcher was responsible for updates of the 1995 Roanoke Valley Conceptual Greenway Plan in 2007 and 2018 that represent a vision for a comprehensive greenway network comprised of over 400 miles of existing greenways and trails; and WHEREAS, Ms. Belcher was a significant stakeholder in development of various long-range plans in the Town of Vinton, including, but not limited to the 2004-2024 Town of Vinton Comprehensive Plan and Economic and Community Development Plan, the 2010 Vinton Area Corridors Plan, the 2005 and 2012 Regional Bikeway Plan, the 2013 Roanoke River Blueway, and the 2015 Roanoke Valley/Blue Ridge Parkway Trail Plan; and WHEREAS, Ms. Belcher has played an integral role in the growth and development of greenways and trails in the Town of Vinton including but not limited to: • Wolf Creek Greenway in 1999 • Gladetown Trail in 2012 • Glade Creek Greenway Phase I in 2017 • Glade Creek Greenway Phase IIA in 2021 with Phase IIB to be completed in 2022 NOW, THEREFORE BE IT RESOLVED, that I, Bradley E. Grose, Mayor of the Town of Vinton, on behalf of Town Council and all our citizens, do hereby express sincere appreciation to, and honor the outstanding service and career of Elizabeth “Liz” H. Belcher in her role as the Roanoke Valley Greenway Coordinator and extend wishes to Ms. Belcher in her retirement and in all of her future endeavors. IN WITNESS WHEREOF, I have set my hand and caused the seal of the Town of Vinton, Virginia to be affixed on this 20th day of July, 2021. Bradley E. Grose, Mayor Meeting Date July 20, 2021 Department Public Works Issue Recognition of four Public Works employees for assisting a resident in need while in the performance of their duties Summary On June 29, 2021, while working a water break, Tyler Beard, Andrew Critcher, Kevin Orange and Robert Rowell assisted Pat Davidson, a resident on Callie Court who was having car trouble. Andrew called other employees over to assist getting Ms. Davidson’s vehicle started so she could get home safely and Tyler escorted her safely around the mud. Ms. Davidson commented that all of the employees were kind and helpful. Bo Herndon will be recognizing these four employees. Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date July 20, 2021 Department Administration Issue Consideration of public comments regarding a proposed amendment to Town of Vinton’s FY 2021-2022 budget to accept and appropriate funds in the amount of $4,204,017 for Federal Funding received from the American Rescue Plan Act (ARPA). Summary The Town has received its first disbursement of ARPA funding in the amount of $4,204,017. In order to help facilitate the use of these funds and to provide staff with flexibility in the funding’s allocation, staff are requesting the full amount to be appropriated to the Town’s Grant Fund. When projects are designated to use the funding, staff will request inter-fund transfers, as needed, to cover the funding of those projects. The second disbursement of ARPA funding, anticipated to be received in June 2022, and any remaining money from this fiscal year will be budgeted to the Grant Fund in FY 2022-2023, commencing on July 1, 2022. Section 15.2-2507 of the 1950 Code of Virginia, as amended, requires any locality to hold a Public Hearing in order to amend its budget when any such amendment exceeds one percent (1%) of the total expenditures show in the currently adopted budget. The Notice of this Public Hearing was advertised in The Vinton Messenger on July 8, 2021. Attachments Resolution Recommendations Conduct Public Hearing Motion to adopt Resolution Town Council Agenda Summary 1 RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, JULY 20, 2021 AT 6:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, on March 11, 2021 the President of the United States signed into law the American Rescue Plan Act (ARPA) to provide continued relief from the impact of the Covid- 19 pandemic; and WHEREAS, the Town of Vinton is eligible for funding from the Coronavirus State and Local Fiscal Recovery Funds of H.R. 1319 American Rescue Plan Act of 2021 (CSLRF); and WHEREAS, the Virginia General Assembly will provide for the distribution of funds to eligible Virginia municipalities; and WHEREAS, revenue received under the CSLRF must only be spent for purposes authorized by the CSLRF, and applicable regulations, and by state law; and WHEREAS, the Town of Vinton is expected to receive $8,408,035 in funding; such funding to be received in two allocations, approximately one half within 60 days of the plan passage, and the remaining funding approximately 12 months later, and WHEREAS, the Town of Vinton has received an initial funding in the amount of $4,204,017 identified as funding allocation of the first payment; and WHEREAS, Section 15.2-2507 of the 1950 Code of Virginia, as amended, requires any locality to hold a Public Hearing in order to amend its budget when any such amendment exceeds one percent (1%) of the total expenditures show in the currently adopted budget; and WHEREAS, the Notice of this Public Hearing was advertised in The Vinton Messenger on July 8, 2021. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby accept the allocation of funds in the amount of $4,204,017 from the Federal Government through the American Rescue Plan Act and approve the following transaction: BUDGET ENTRY: GENERAL LEDGER 250.25100 Estimated Revenue $4,204,017 250.25100 Appropriations $4,204,017 2 FROM REVENUE: 250.1150.001 ARPA CSLFRF NEU Revenue $4,204,017 TO EXPENDITURE: 250.1150.799 ARPA CSLFRF NEU Capital Outlay $4,204,017 TOTAL $4,204,017 THEREFORE, BE IT FURTHER RESOLVED that the Town of Vinton will adhere to the existing, additional, and amended guidelines as set forth by the federal government in the allocation or distribution of said funds. 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 July 20, 2021 Department Finance/Treasurer Issue Consideration of public comments regarding a proposed amendment to the Town of Vinton’s FY 2021- 2022 budget to appropriate funding to cover capital improvement projects and additional position funding in an amount not to exceed $1,221,139. Summary At the end of fiscal year (FY) 2021, several capital projects appropriated by the Town Council were in an incomplete status and are expected to be completed in the current fiscal year. Unspent budget appropriations are not automatically rolled forward at fiscal year end, and must be taken for official approval and current year budget appropriation. In addition to capital projects, the Town is also requesting additional position funding in the Capital Fund and Utility Fund to align with the vision and mission of the Town Council. This budget transfer does not authorize the positions, , but provides the mechanism to fund those positions should they be approved. Council will be briefed on the request for the additional positions during the Town Manager section of this agenda. Section 15.2-2507 of the 1950 Code of Virginia, as amended, requires any locality to hold a Public Hearing in order to amend its budget when any such amendment exceeds one percent (1%) of the total expenditures show in the currently adopted budget. The Notice of this Public Hearing was advertised in The Vinton Messenger on July 8, 2021. Attachments Resolution Recommendations Conduct Public Hearing Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, JULY 20, 2021 AT 6:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, several capital projects appropriated in Fiscal Year (FY) 2021 were in an incomplete status at the end of the fiscal year; and WHEREAS, the Town is requesting position funding to be appropriated to the Capital Fund and Utility Fund to align with the vision of the Town Council; and WHEREAS, Section 15.2-2507 of the 1950 Code of Virginia, as amended, requires any locality to hold a Public Hearing in order to amend its budget when any such amendment exceeds one percent (1%) of the total expenditures show in the currently adopted budget; and WHEREAS, the Notice of this Public Hearing was advertised in The Vinton Messenger on July 8, 2021. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the transfers as shown on the attached FY 2021-2022 Budget Transfers. This Resolution adopted on motion made by __________________________, seconded by ____________________, with the following votes recorded: AYES: NAYS: APPROVED: ___________________________________ Bradley E. Grose, Mayor ATTEST: ______________________________________ Susan N. Johnson, CMC, Town Clerk BUDGET TRANSFERS - COUNCIL ACTION ITEM GENERAL LEDGER GL Account Description Amount 200.25100 Estimated Revenue (13,288.00) 200.25100 Appropriations 13,288.00 MOVE FUNDS TO: GL Account Description Amount 200.8101.545 Greenway Expenditures 13,288.00 13,288.00 MOVE FUNDS FROM: GL Account Description Amount 200.1899.008 Re-Appropriated Fund Balance 13,288.00 13,288.00 GENERAL FUND GENERAL LEDGER GL Account Description Amount 300.25100 Estimated Revenue (68,359.00) 300.25100 Appropriations 68,359.00 MOVE FUNDS TO: GL Account Description Amount 300.9405.101 Salaries & Wages 45,400.00 300.9405.102 Overtime 500.00 300.9405.201 SS & Medicare 3,511.00 300.9405.202 VRS Retirement 5,651.00 300.9405.203 VRS GL Insurance 608.00 300.9405.204 Nationwide Plan 120.00 300.9405.205 Medical Insurance 12,143.00 300.9405.207 ST Disability Insurance 376.00 300.9405.211 Worker's Compensation Insurance 50.00 68,359.00 MOVE FUNDS FROM: GL Account Description Amount 300.1899.009 Re-Appropriated Fund Balance 68,359.00 68,359.00 GENERAL LEDGER GL Account Description Amount 400.25100 Estimated Revenue (1,039,492.00) 400.25100 Appropriations 1,039,492.00 MOVE FUNDS TO: GL Account Description Amount 400.9103.101 Salaries & Wages 67,255.00 400.9103.102 Overtime 4,470.00 400.9103.201 SS & Medicare 5,487.00 400.9103.202 VRS Retirement 8,373.00 400.9103.203 VRS GL Insurance 900.00 400.9103.204 Nationwide Plan 120.00 400.9103.205 Medical Insurance 12,143.00 400.9103.207 ST Disability Insurance 558.00 400.9103.211 Worker's Compensation Insurance 692.00 400.4101.701 Mountain View Road Grant Match 525,000.00 400.4101.781 Hardy Road Paving Project 423,971.00 UTILITY FUND CAPITAL FUND 400.4304.799 Building & Grounds Capital Outlay 18,485.00 400.8101.545 Greenway Expenditures Match 30,000.00 400.8150.724 Gish Mill Delivery 42,038.00 1,139,492.00 MOVE FUNDS FROM: GL Account Description Amount 400.1214.302 Software Upgrade 100,000.00 400.1899.010 Re-Appropriated Fund Balance 1,039,492.00 1,139,492.00 Meeting Date July 20, 2021 Department Finance/Treasurer Issue Consideration of public comments concerning the proposed rate changes for the Contractual Police Services for the Vinton Police Department Summary The Police Department staff has identified rates that need to be adjusted to meet operational expenses associated with services and bring charges in line with neighboring jurisdictions. The Finance Committee reviewed the rate changes at their July 12, 2021 meeting and recommends approval by Council. Attachments Resolution Recommendations Conduct Public Hearing Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, JULY 20, 2021 AT 6:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, Vinton Town Council has authorized a rate of $48.00 per hour with a two-hour minimum for contractual police services, which is part of the FY 2021-2022 published Taxes, Licenses and Fees Schedule; and WHEREAS, the Police Department has requested an increase in said rate to $52.00 per hour with a two-hour minimum to cover costs associated with overtime compensation and to align our rate with neighboring jurisdictions, said rate to be effective immediately; and WHEREAS, the Finance Committee of the Vinton Town Council has reviewed the request from the Police Department and recommends approval by Council. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the request to increase the rate for contractual police services from $48.00 per hour to $52.00 per hour with a two-hour minimum, effective immediately. 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 July 20, 2021 Department Administration Issue Consideration of public comments regarding the proposed conveyance of six parcels of real property located within and adjacent to the intersection of South Pollard Street, Cedar Avenue and 1st Street, identified as Tax Map ID 060.15-06-38.00-0000, 060.15-06-39.00-0000, 060.15-06-40.00-0000, 060.15-06-41.00-0000, 060.15-06-42.00-0000 and 060.15-06-43.00-0000 in the Town of Vinton, upon certain terms and conditions. Summary The Town of Vinton purchased six parcels of property located within and adjacent to the intersection of South Pollard Street, Cedar Avenue and 1st Street in 2018 and 2019, for the purpose of recruiting a hotel to be constructed on the site. Since the acquisition, the Town of Vinton has completed phase I and phase II environmental assessments, has demolished existing structures on the property, conducted several hotel market studies and established a conceptual plan for the site. Following the issuance of a Request for Proposal (RFP) in May of 2021, the Town of Vinton received two formal proposals to develop a limited service hotel at the site. The Town’s Economic Development Committee reviewed the proposals and directed staff to attempt to negotiate acceptable terms with the McDevitt Company proposal. A Contract of Sale for the property with the McDevitt Company has been agreed to in principle and will include a six (6) month due diligence period that will include negotiating acceptable terms of a performance agreement with the Town (development incentive grants), finalizing building plans, site improvements and securing a hotel franchise for the project. Attachments Contract of Sale Resolution Recommendations Conduct Public Hearing Motion to adopt Resolution Town Council Agenda Summary 1 CONTRACT OF SALE THIS CONTRACT OF SALE (“Contract”), made this ___ day of ________ 2021, by and between the Town of Vinton, Virginia, a municipality in the Commonwealth of Virginia (“Seller”), and The McDevitt Company, a Pennsylvania Corporation (“Buyer”). WITNESSETH: WHEREAS, Buyer desires to purchase from Seller the following six parcels of land located within and adjacent to the intersection of South Pollard Street, Cedar Ave and 1st Street in the Town of Vinton (“Property”): Property Addresses: 0 Cedar Avenue, Vinton, VA 24179 0 Cedar Avenue, Vinton, VA 24179 35 Cedar Avenue, Vinton, VA 24179 509 South Pollard Street, Vinton, VA 24179 0 South Pollard Street, Vinton, VA 24179 537 South Pollard Street, Vinton, VA 24179 Property Parcel IDs: Roanoke County: 060.15-06-38.00-0000 Roanoke County: 060.15-06-39.00-0000 Roanoke County: 060.15-06-40.00-0000 Roanoke County: 060.15-06-41.00-0000 Roanoke County: 060.15-06-42.00-0000 Roanoke County: 060.15-06-43.00-0000 and WHEREAS, Buyer intends to develop the Property into a Hotel with between 90 and 120 rooms, consisting of a limited service hotel brand such as a Hilton, Marriott or Wyndham property, but without any obligation for any particular brand, with the majority of the exterior being constructed of natural stone or brick construction materials to include amenities such as a swimming pool, business center, rooftop deck/lounge, meeting space, fitness center and outdoor green spaces with landscaping, but without any obligation for any particular amenities, and with at least one-fourth (¼ ) of its total parking being contained underground and within the building’s footprint (“Project”); and WHEREAS, Seller intends to close and abandon a portion of 1st Street between East Virginia Avenue and Cedar Avenue (the “Vacated Street”) and deed the Vacated Street to the Buyer for the Project; and WHEREAS, Seller desires to sell the Property to Buyer, provided Buyer agrees to be bound by a mutually-agreeable Performance Agreement concerning the development of the Project. 2 NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the Buyer and Seller agree as follows: 1. Transfer. Seller shall, at Closing, convey to Buyer by Special Warranty Deed the fee simple interest in the Property, provided that all conditions contained in this Contract have been satisfied and all pre-Closing conditions in the Performance Agreement have been satisfied. For clarity, if Buyer fails to perform any pre-Closing conditions contained in this Contract or the referenced Performance Agreement, then Seller may terminate this Contract and will have no further obligation to Buyer. 2. Purchase Price. The purchase price for the Property shall be ten dollars and 00/100 cents ($10.00). Buyer shall place into escrow with the Seller’s agent a deposit of ten dollars and 00/100 cents ($10.00) (“Deposit”) upon execution of this Contract. 3. Due Diligence. The Buyer shall have until December 31, 2021 (“Due Diligence Period”), to perform all desired and necessary due diligence and to determine that the Property (including the Vacated Street) is suitable for the Project and that the Project is economically viable. The Due Diligence Period may be extended by up to an additional fifteen (15) months (to no later than March 31, 2023), if Buyer needs additional time to complete its investigations to determine the viability of the Project. Buyer may extend the Due Diligence Period by providing written notice to Seller prior on or before December 31, 2021. If, prior to the end of the Due Diligence Period (as same may have been extended), Buyer notifies Seller that the results of the due diligence are unsatisfactory to Buyer, in Buyer’s sole discretion, then Buyer may cancel this Contract, in which case Seller shall refund the Deposit to Buyer (without interest) and the parties shall have no further obligation to each other concerning this Contract. During the Due Diligence Period, Buyer, its agents, employees, representatives, and contractors, may, at Buyer’s sole cost and expense, perform such tests, inspections, and examinations of the Property as Buyer deems advisable, including without limitation, investigations with regard to title, physical condition, environmental matters, geotechnical conditions, traffic studies, matters of survey, flood plain, access to utilities, zoning, building code and other applicable governmental requirements, financing requirements, and development requirements. Buyer shall not damage or materially alter the Property while conducting its inspections, tests, and studies. Buyer shall indemnify, defend, and hold Seller harmless for any damages or claims that arise from or relate to the due diligence undertaken by Buyer concerning the Property and/or the Project. Seller shall grant Buyer, its agents, or assigns reasonable access to the Property for such purposes. 4. Closing of Contract. This Contract is void if closing on this Contract (“Closing”) does not occur on or before 12:00 p.m. on the last day of the Due Diligence Period, or any extension thereof. Closing shall be at a location selected by Buyer. 5. Obligations of the Parties. The parties shall perform their respective obligations as follows: A. Obligations of the Seller: 3 i. Seller will reasonably assist Buyer, at no cost to Buyer, in obtaining ratification by the Town of Vinton, Roanoke County, and the Economic Development Authority of Roanoke County of a Performance Agreement on terms and conditions that are acceptable to all of those parties. The parties intend for the Performance Agreement to require specific investments from Buyer, though the nature and extent of those required investments cannot be determined until additional planning is completed for the Project. Buyer and Seller agree that this Contract will not be effective, and neither Seller nor Buyer will have any obligation to carry-out the transactions contemplated in this Contract, unless and until a Performance Agreement agreeable to both Buyer and Seller has been executed. For clarity, the execution by Buyer of a binding Performance Agreement acceptable to Seller and the performance by Buyer of all pre-Closing obligations that may be required under that Performance Agreement are conditions precedent to Seller’s obligation to convey the Property to Buyer. ii. Within five (5) days of the execution of this Contract, Seller will provide Buyer with copies of any existing due diligence items concerning the Property (including the Vacated Street) requested by Buyer and which are in Seller’s possession. These materials may include, but are not necessarily limited to, surveys and plats of the Property, photos and building plans, environmental studies and reports, communications with governmental authorities concerning the Property, any title commitment or policy for the Property, inspection reports for the Property, and any warranties applicable to improvements on the Property. iii. Seller agrees that it will, if necessary, be an applicant or co-applicant, as described in the Performance Agreement, on Project grant applications, if any, and will coordinate with Buyer to the extent necessary to complete and file any such applications. iv. Seller agrees to close and abandon a portion of 1st Street between East Virginia Avenue and Cedar Avenue and deed the property to the Buyer for the Project at the Closing, simultaneously with the conveyance of the Property. v. Seller shall pay the fees and expenses of its legal counsel. vi. Within ten (10) days of the execution of this Contract, Seller will provide Buyer with copies and conclusions of the completed Phase 1 and Phase II Environmental Site Assessment (“ESA”) reports of the Property. vii. Seller shall continue to maintain in full force and effect casualty and liability insurance on or with respect to the Property as it maintains in the ordinary course of business, it being understood and agreed that all risk of loss with respect to the Property, except as may be caused by the acts or omissions of 4 Buyer or its employees, agents, or contractors, shall remain with Seller through Closing. In the event that, prior to Closing, the improvements on the Property are materially damaged, destroyed, or rendered unusable by fire, casualty, or other cause, then Buyer may, at its option, terminate this Contract, and the Deposit shall be refunded to Buyer, or upon mutual agreement of the parties, the Buyer may affirm the Contract, in which event the Buyer shall be entitled to the insurance proceeds solely applicable to the Project expenses. viii. Seller shall use good faith efforts to seek all approvals, votes, and ordinances that are required under applicable law for the sale of municipal property, including those set forth in Virginia Code Sections 15.2-1800 et seq. and 15.2-2100 et seq. B. Obligations of the Buyer: i. If Buyer proceeds to Closing, thereafter, Buyer will construct a limited service 90-120 room hotel of a Hilton, Marriott, Wyndham or like brand franchise. ii. Buyer shall perform necessary or desirable due diligence to determine that the Property is suitable for the Project. iii. Buyer shall pay all fees and expenses of Buyer’s legal counsel and consultants and advisers. iv. Buyer shall provide reasonably detailed status reports in writing to Seller every sixty (60) days during the Due Diligence Period prior to Closing. Such reports shall describe Buyer’s due diligence inspections and results as well as Buyer’s efforts to obtain financing. v. Closing of the construction financing and the sale of the Property will occur simultaneously. 6. Real Estate Commission. Seller represents and warrants to Buyer, and Buyer represents and warrants to Seller, that neither party has engaged any real estate broker, salesperson, or other intermediary to assist in the transfer of the Property from Seller to Buyer. 7. Condition of Property. Buyer will accept the Property (to include Vacated Street) in an “as is, where is” condition with all faults. Seller makes no representation or warranty whatsoever, whether express, implied, or arising by operation of law, with respect to the Property, the condition of the Property, the suitability of the Property for the Project, or of any portion, aspect, or component of any of the foregoing, and expressly disclaims the same. Likewise, Seller makes no representation or warranty whatsoever, whether express, implied, or arising by operation of law, with respect to any documents, reports, or materials provided or made available to Buyer by Seller or its agents, or the accuracy of the information contained therein, and expressly 5 disclaims the same. The foregoing disclaimers include, but are not limited to, matters of title, survey, financial performance, physical condition (including, without limitation, environmental condition or presence or absence of hazardous substances), zoning, tax status or consequences, fitness for a particular purpose or use, compliance with governmental requirements, access to the Property, and availability of utilities. 8. Termination of Contract. Buyer may terminate this Contract by giving Seller written notice of termination at any time prior to the expiration of the Due Diligence Period, or any extension thereof, if the results of the due diligence are not satisfactory to Buyer, in Buyer’s sole discretion. Buyer will commence such inspections forthwith upon execution of this Contract. If Buyer fails to give Seller written notice of termination before the expiration of the Due Diligence Period, or any extension thereof, then, and in such event, the Buyer shall be deemed to have accepted the results of such inspections and shall proceed to Closing in accordance with the terms of the Contract. Buyer may proceed to Closing sooner than the expiration of the Due Diligence Period; provided, however that in doing so Buyer waives any right to perform any additional due diligence. In the event that this Contract is terminated before the Closing, neither Buyer nor Seller shall have any obligation to the other, and each party shall then be responsible for its own expenses, including, but not limited to, legal fees and expenses incurred in connection herewith. Seller shall pay for preparation of the Deed for the Property, which shall be a Special Warranty Deed, and shall pay any grantor’s taxes that are imposed thereon. Buyer shall pay all other recording taxes and will accept and comply with the terms of said sale as herein set forth, provided the title is marketable. In the event of failure by Buyer to perform and comply with any of the terms and provisions of this Agreement to be performed and complied with by Buyer within the time or times provided herein, other than the Buyer’s obligation to indemnify, defend and hold Seller harmless under Sections 3 and 10.D. of this Agreement, following notice to Buyer thereof, and Buyer’s failure to cure same within 10 days thereafter, Seller shall have as its sole remedy the right to receive or retain the Deposit as assessed and liquidated damages and not as a penalty, whereupon all rights, duties, obligations, and remedies of the parties hereunder shall terminate and Seller shall have no other remedy against Buyer. For clarity, this provision shall not limit Seller’s remedies under Sections 3 and 10.D. of this Agreement concerning any damages or claims that arise from or relate to the due diligence undertaken by Buyer concerning the Property and/or the Project. In the event of failure by Seller to perform and comply with any of the terms and provisions of this Agreement to be performed and complied with by Seller within the time or times provided herein, following notice to Seller thereof, and Seller’s failure to cure same within 10 days thereafter, Buyer shall be entitled, as its sole remedy, to either (i) terminate this Agreement and receive a return of the Deposit, or (ii) an action of specific performance to enforce Seller’s obligations hereunder. Buyer shall have no other remedy against Seller. 9. Possession of Property. This sale is made subject to restrictions, covenants, agreements, and easements of record. Seller states that there are no known outstanding lease agreements, or other possession rights with respect to the Property in favor of any party other than Seller, as of the execution date of this Contract. Seller shall not enter into any lease, license or other agreement which encumbers the Property, runs with the land of the Property, or would be binding upon Buyer at Closing. This sale is conditioned upon the improvements on the Property 6 being in substantially the same condition on the date of Closing as the same are in on the date of this Contract. All rents, taxes, and other pro ratable items shall be prorated as of the Closing date. 10. Miscellaneous: A. This Contract constitutes the entire understanding among the parties, and shall be deemed to supersede all prior written or verbal communications among the parties. This Contract may not be modified or terminated, unless in writing signed by the Buyer and Seller. B. This Contract and the provisions hereof shall be binding upon and shall inure to the benefit of the Seller and Buyer and its respective heirs, executors, administrators, personal representatives, successors, and assigns. C. The representations, warranties, and indemnities of Buyer and Seller under this Contract shall survive Closing and delivery of the Deed or the termination of this Contract for any reason. D. Buyer shall indemnify, defend, and hold Seller free and harmless for and from any and all claims, causes of action, damages or any liability of any type, including reasonable attorneys’ fees, on account of any claims by or any injury or damage to any persons or property growing out of or directly or indirectly resulting or arising in any way out of any actions, omissions or activities of Buyer or its agents, employees or representatives or arising out of or connected in any way to any of the matters involved in this Contract or its performance; but not to the extent arising from the negligence or willful misconduct of Seller, or Seller’s employees, agents or contractors. E. This Contract may not be assigned by either party without the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayed; however, Buyer is permitted, without Seller consent, to assign this Contract to another entity in which Buyer has an ownership, managerial or controlling interest. F. No covenant, agreement or obligation contained in this Contract shall be deemed to be a covenant, agreement or obligation of any present or future director, officer, employee or agent of Seller in his or her individual capacity, and no officer, employee or agent of Seller executing this Contract or any related instrument shall be liable personally on this Contract or such instrument or be subject to any personal liability or accountability by reason of the execution and delivery thereof. G. This Contract shall be construed according to the laws of the Commonwealth of Virginia without regard to its principles of conflicts of laws. H. This Contract has been jointly drafted by the parties, and is to be construed as jointly drafted and not be construed against any of the parties as the drafter. This Contract is severable, and if any provision is found to be invalid by any court of competent jurisdiction, the remainder shall survive. The section and paragraph headings in this Contract are for convenience of reference only and do not modify or restrict any provisions hereof and shall not be used to construe any provisions of this Contract. I. The parties warrant that the signatories below have full authority, and have undertaken such legal actions as may be necessary to ensure such authority, to bind the entities of which they are representatives to the full extent permitted by law. This Contract may be executed by facsimile, electronic or original signature of the 7 parties and in counterparts, which, assuming no modification or alteration, shall constitute an original and when taken together, shall constitute one and the same instrument. J. Time is of the essence of all obligations set forth herein for which a time is stated. K. The failure of any Party to this Contract to insist upon strict compliance with any term herein shall not be construed to be a waiver of that requirement. L. Nothing in this Contract, express or implied, is intended to confer any rights or remedies upon any person, other than the Parties hereto and, subject to the restrictions on assignment herein contained, their respective successors and assigns. WITNESS the following signatures and seals as of the date first above written: SELLER: ________________________________________ ____________________________ TOWN OF VINTON DATE BUYER: ________________________________________ ____________________________ THE MCDEVITT COMPANY. DATE Approved as to form: _______________________________ Town Attorney 8 Commonwealth of Virginia County of Roanoke I, ______________________________, do certify that the foregoing Contract of Sale was acknowledged before me this _______ day of _________ 2021 by _________________ ____________ of the Town of Vinton, a municipality in the Commonwealth of Virginia. He/she is personally known to me or has produced identification. __________________________________________ Notary Public Registration Number: _______________________ My commission expires: _____________________ Commonwealth of Pennsylvania City/County of Philadelphia I, ______________________________, do certify that the foregoing Contract of Sale was acknowledged before me this _______ day of ________ 2021 by _____________________ ________ of The McDevitt Company, a Pennsylvania Corporation, on behalf of the corporation. He/she is personally known to me or has produced identification. __________________________________________ Notary Public Registration Number: _______________________ My commission expires: _____________________ 1 RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, JULY 20, 2021 AT 6:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, The Town of Vinton purchased six parcels of property located within and adjacent to the intersection of South Pollard Street, Cedar Avenue and 1st Street in 2018 and 2019, for the purpose of recruiting a hotel to be constructed on the site; and WHEREAS, the Town of Vinton has completed phase I and phase II environmental assessments, has demolished existing structures on the property, conducted several hotel market studies and established a conceptual plan for the site.; and WHEREAS, the Town of Vinton issued a Request for Proposal in May of 2021 and received two formal proposals to develop a limited service hotel at the site and after reviewing the proposals with the Town’s Economic Development Committee, staff was directed to attempt to negotiate acceptable terms with The McDevitt Company; and WHEREAS, the developer has agreed to terms of a Contract of Sale that provides a six (6) month due diligence period that will include negotiating acceptable terms of a performance agreement with the Town (development incentive grants), finalizing building plans, site improvements and securing a hotel franchise for the project; and WHEREAS, Section 15.2-1800 (B) of the 1950 Code of Virginia, as amended, requires that no town-owned real estate be sold without first holding a Public Hearing; and WHEREAS, a duly-advertised Public Hearing was held on July 20, 2021 and all citizen comments were considered by Council. NOW THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE TOWN OF VINTON, VIRGINIA, AS FOLLOWS: 1. The Contract of Sale 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 deliver the Contract of Sale and any other necessary documents in furtherance of the same. This Resolution adopted on motion made by ________________________, seconded by ______________________, with the following votes recorded: AYES: NAYS: 2 APPROVED: ______________________________ Bradley E. Grose, Mayor ATTEST: _____________________________ Susan N. Johnson, CMC, Town Clerk 1 Meeting Date July 20, 2021 Department Administration Issue Briefing on the creation of three positions: Police Officer I, Capital Projects Manager, and Utility Clerk Summary As a combined result of the availability of funds from the American Rescue Plan Act of 2021 (ARPA) and the desire to implement best management practices, Town staff are requesting the creation of three positions in the Police and Public Works Department. The Police Department is requesting the creation of a Police Officer I position. This position would be a reinstatement of a lost position due to budget adjustments made during the COVID-19 pandemic. This additional Police Officer I position would give the Department its full complement of positions in order to meet Departmental and Town objectives as articulated by Chief Drumond and Town leadership. The estimated total cost of the salary and benefits of this position is $69,785. Based on guidance from the federal government, the Town may use ARPA funding to offset the cost of this position reinstatement for the duration of the ARPA grant period. The Public Works Department is requesting the creation of a Capital Projects Manager position and a Utility Clerk position. The need for a Capital Projects Manager has arisen as a result of the success of the funding of the Capital Fund and the availability of ARPA funding for major infrastructure projects. Currently, capital project management is decentralized throughout the various Town departments and is balanced against daily work and operations demands. With an approximately $4.2 million seven-year Capital Improvement Plan (CIP) and an $8.4 million ARPA grant, most of which can be used for capital projects, the need for a dedicated Capital Projects Manager has become particularly acute. The position would be responsible for ensuring the on- time and on-budget delivery of the Town’s capital projects, working closely with other Town staff, contractors, and the public. The estimated total cost of the salary and benefits of this position is $100,000.00. The funding for this position is available due to savings in the Capital Fund from offsets created by ARPA funding. Town Council Agenda Summary 2 The need for the Utility Clerk position has arisen as a result of the need to implement some best management practices for utility billing and to meet the administrative demands of the utilities division in the Public Works Department. Currently, utility billing is housed in the Finance Department, which both creates the bills and collects on the bills. By moving this function to Public Works, there will be a separation between those two functions, allowing each department’s staff to specialize in their appropriate pieces of the tasks. Moreover, the administrative capacity of this position housed in Public Works will allow for a realignment of responsibilities of existing administrative staff in the Department in order to provide a higher level of service both to the public and to staff in the field. The estimated total cost of the salary and benefits of this position is $68,000.00. The funding for this position is available due to fund balance in the Utility Fund and budget savings in the Finance and Public Works Departments resulting from staff reorganization. This item will be brought back to Council at their August 17, 2021 meeting for action. The approval of the creation of these positions does not bind Town staff to immediately advertise and fill these positions. If approved, the Town Manager and department heads will work closely together to ensure that the timing of the filling of these positions aligns with the needs and goals of the Town and the respective departments. Attachments None Recommendations No action required Meeting Date July 20, 2021 Department Planning and Zoning Issue Consider adoption of a Resolution authorizing the Town Manager to file an application for the allocation of FY21 Virginia Stormwater Local Assistance Fund (SLAF) grant funds for The Woodland Place Stream Restoration Project. The Project will allow for the removal of pollutants (sediment, phosphorus, nitrogen, and suspended solids) in order to meet the Virginia Department of Environmental Quality (DEQ) Municipal Separate Stormwater Sewer System (MS4) Permit requirements. Summary Town Council was briefed on the program grant funding availability and submittal requirements on July 6, 2021. This grant request is for the stream restoration along the northern portion of The Woodland Place’s property, located off of Niagara Road. The proposed restoration may encompass up to 685 linear feet. Left unmitigated, the Town’s engineering consultant believes further severe erosion would persist, as the stream evolves to create a new floodplain. The estimated annual sediment load for this site is about 950 tons per year with total phosphorus load reduction of 848 pounds per year, nitrogen load reduction of 1,920 pounds per year and total suspended solids load reduction of 1,614,657 pounds per year. The estimated total Project cost is $570,000.00. Grant funding in the amount of $285,000.00 (50%) will be requested, with the remaining $285,000.00 in funding to be provided by the required 50% local match. $160,000 has been budgeted under the current FY21 Capital Improvement Program (CIP). Attachment Resolution SLAF Grant Application SLAF Program Guidelines Recommendations Motion to adopt Resolution Town Council Agenda Summary 1 RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, JULY 20, 2021 AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA THE WOODLAND PLACE STREAM RESTORATION A RESOLUTION authorizing the Town Manager for and on behalf of the Town of Vinton, to file an application for the allocation of FY21 Virginia Stormwater Local Assistance Fund (SLAF) grant funds for The Woodland Place Stream Restoration Project that will allow for the removal of pollutants (sediment, phosphorus, nitrogen, and suspended solids) in order to meet the Virginia Department of Environmental Quality (DEQ) Municipal Separate Stormwater Sewer System (MS4) Permit requirements. WHEREAS, personnel from the Town and from Wetland Studies and Solutions, Inc., the Town’s engineering consultant, evaluated several potential sites for the development of a conceptual stream restoration plan for the SLAF grant application to reduce the non-point source of pollution from stormwater runoff; and WHEREAS, the Project team discussed multiple goals and objectives for potential restoration sites including sediment load reductions, flood mitigation, infrastructure protection, habitat creation, and recreational opportunity enhancement; and WHEREAS, due to the desire to seek state funding from the Virginia Department of Environmental Quality (DEQ) Stormwater Local Assistance Fund (SLAF) grant program, achievable sediment load reduction relative to project cost (calculated on a dollars/pound basis) was a major driver in assessing the viability of individuals sites; and WHEREAS, based on further analysis, The Woodland Place site was determined to offer the greatest potential for load reductions; and WHEREAS, on July 6, 2021, Vinton Town Council was briefed on the availability of the Virginia Stormwater Local Assistance Fund (SLAF) grant funds. NOW, THEREFORE, BE IT RESOLVED, the Council of the Town of Vinton hereby endorses The Woodland Place Stream Restoration Project and directs staff to formally apply for the grant. BE IT FURTHER RESOLVED, that the Town Manager is hereby authorized to sign and submit the appropriate documents for the submittal of Virginia Department of Environmental Quality (DEQ) Stormwater Local Assistance Fund (SLAF) grant program. 2 BE IT FURTHER RESOLVED that the Town of Vinton hereby agrees to provide a minimum 50 percent matching contribution for this Project. This Resolution adopted on motion made by Council Member _____________ and seconded by Council Member ________________, with the following votes recorded: AYES: NAYS: APPROVED: ___________________________________ Bradley E. Grose, Mayor ATTEST: _____________________________ Susan N. Johnson, CMC, Town Clerk SLAF Grant Application Page 1 of 4 540-983-0605 703-679-5718 Name of Project: Name of Applicant: Applicant Address: DEPARTMENT OF ENVIRONMENTAL QUALITY APPLICATION FOR STORMWATER LOCAL ASSISTANCE FUND (SLAF) STORMWATER CAPITAL PROJECTS SECTION A - ORGANIZATIONAL DATA Contact Person: Phone: Name of Engineer: Engineer Address: Email: Contact Person: Phone: Email: SECTION B - PROPOSED FUNDING PROJECT FUNDING a) Amount of SLAF Grant Funds Requested Source of Local Match Funds Amount CHECK BOX IF 1 160,000 ✔ 2 125,000 ✔ 3 b) Total Other Funding Available (1 + 2 + 3...)* c) Total Project Cost (a + b) *This amount must be at least equal to the amount of Grant Funds being requested. SECTION C – WATER QUALITY DATA Location of Project Latitude Longitude (Latitude and Longitude of project is a required entry on this application) Name of Stream / Waterbody impacted by stormwater runoff being addressed by the project River Basin for Receiving Stream / Waterbody Roanoke River Woodland Place Stream Restoration Planning and Zoning Department 311 S. Pollard Street Vinton, VA 24179 Anita J. McMillan, Planning and Zoning Director amcmillan@vintonva.gov Nathan A. Staley 285,000 SLAF Grant Application Page 2 of 4 848 SECTION D -BRIEF PROJECT DESCRIPTION AND STATEMENT OF NEED (attach additional pages if necessary) SECTION E -POLLUTANT REDUCTION The calculated Total Pounds (Per Year) of Total Phosphorous reduced from stormwater as a result of this project = pounds per year SECTION F - READINESS-TO-PROCEED ANTICIPATED SCHEDULE Schedule Item Description Date a. Notice to Proceed on Design December 9, 2021 b. Completion of Plans/Specifications June 10, 2022 c. Plans and Specs Approved September 9, 2022 d. Advertise for Bids October 7, 2022 e. Bid Opening November 7, 2022 f. Award Contracts December 8, 2022 g. Estimated Construction Time (expressed in months) 6 The Town of Vinton has a TMDL for sediment for the Roanoke River. Woodland Place Outfall is an unnamed tributary of Tinker Creek and Tinker Creek is a tributary of the Roanoke River that is experiencing bank erosion. Woodland Outfall is located south of Hardy Road (Route 24) along Niagara Road, and flows almost entirely through a mature hardwood forest. The study area is adjacent to “The Woodland Place” (hence forth TWP), an event and wedding venue. The stream originates at a 54-inch and a 36-inch outfall, both of which direct flow south, parallel to Niagara Road. After approximately 100 feet, the stream makes a hard-right bend away from Niagara Road and flows west along TWP’s auxiliary parking lot for approximately 125 feet. Moderate erosion is occurring in the upper 225-foot section, with banks averaging approximately 3-4 feet in height. At the western edge of the parking lot, the stream depth increases dramatically to approximately 20 feet, cascading across existing bedrock (Figure 2). The severe drop is the result of a headcut, which has migrated upstream and stopped at the bedrock. Banks in this section are experiencing extreme erosion and are as high as 20 feet in places, with a nearly vertical slope. Historic aerials indicate the headcut is a result of stream relocation across a large fill slope in the early 1970’s. The severely eroded headcut runs for approximately 125 feet, at which point the stream slope flattens (corresponding to the bottom of the fill slope) and runs for another 300 feet before entering a flood control basin. Roughly 50 feet upstream of the basin, an unnamed tributary of similar size joins the study stream. The lower 300 feet consists of actively eroding banks, typically 4 to 8 feet in height (Figure 3). In total, the restoration may encompass up to approximately 685 linear feet. Left unmitigated, WSSI believes further severe erosion would persist, as the stream evolves to create a new floodplain. Please see Attachment A for the Conceptual Stream Restoration for Woodland Place/Outfall, prepared by Wetland Studies and Solutions, Inc. SLAF Grant Application Page 3 of 4 SECTION F - READINESS-TO-PROCEED PROJECT STATUS Check One 1. Final Designs approved by Locality? 2. Design Plans submitted and under review by Locality? 3. Preliminary / Concept Engineering complete? ✔ 4. Executed engineering contract with approved task order and notice to proceed issued for the project? TMDL Action Plan? Yes No 7. Is acquisition of land and/or easements necessary to complete project? ✔ 8. Has the land and/or easements necessary for the project already been acquired? ✔ SECTION G -PROJECT BUDGET INFORMATION Legal / Administration $10,000.00 Land, Right-of-Way $10,000.00 Architectural Engineering Basic Fees $78,000.00 Project Inspection Fees $7,500.00 Other (Explain) Stormwater BMP Construction $445,000.00 Contingencies $19,500.00 TOTAL* $570,000.00 *This amount should be the exact same as the amount in Item c) Total Project Cost, Section B, Page 1. SLAF Grant Application Page 4 of 4 SECTION H Yes No N/A Has applicant adopted a dedicated source of revenue to implement a stormwater control program in accordance with §15.2-2114? (If so, attach documentation) ✔ Is the applicant subject to an MS4 discharge permit in accordance with §62.1-44.5? ✔ Does the project address requirements of your MS4 permit? ✔ If yes, explain: Name of MS4 Permittee if different from Applicant SECTION I - ASSURANCES AND CERTIFICATIONS The undersigned representative of the applicant certifies that the information contained herein and the attached statements and exhibits are true, correct and complete to the best of their knowledge and belief. The undersigned also agrees to clarify or supplement information pertaining to this application upon request. Name: Signature: Title: Date: SECTION J - ATTACHMENTS Include all required attachments appropriate for your application. The following is a list of potential attachments: 1) Commonwealth of Virginia substitute W -9 form from DEQ web site (required of all applications, Section A) – Attached. 2) Documentation of project costs for conventional technology and for green technology (only required if applicant chooses incremental cost option for a green infrastructure project, Section B). – Not Applicable. 3) Documentation supporting site selection process and photographs of the reach of stream (only required for stream restoration projects, Section D). – See Attachment A. 4) Documentation supporting the Pollution Reduction methodology, calculations, text, etc. (Section E) – See Attachment A. 5) Documentation of highest project status option. (Section F) – See Attachment B. 6) Information substantiating project budget figures. (Section G) – See Attachment B. 7) Documentation of Dedicated Revenue Source for Stormwater Management Program. (Section H) – Not Applicable. Pollutant removal /reduction of sediment, phosphorus, nitrogen, suspended solids. The Town of Vinton has a MS4 permit (VAR040026) that requires the Town to make reasonable progress towards meeting the sediment TMDL in the Roanoke River. Tinker Creek is a tributary to the Roanoke River. Decreasing bank erosion is a cost-effective means of reducing sediment delivered to the Roanoke River. Virginia Department of Environmental Quality Instructions for the Application for the Stormwater Local Assistance Fund Section A – Organizational Data Provide the project name as it appears (or will appear) on the design plans. Provide the contact information for the locality and for the engineering firm that will be designing the project if available. Documentation: Commonwealth of Virginia substitute W-9 form must be provided. Section B – Proposed Funding Provide the amount of SLAF funds requested. Provide the source(s) and amount(s) of local match funds. Check the box on each line if these funds have been committed for this project. Provide the total amount of local match funds. Provide the total project cost. SLAF grants provide up to 50% of eligible project costs. The applicant must identify anticipated source(s) and amounts(s) of local match funds. [If the project is a green infrastructure project (such as a green roof or permeable pavement) that is in place of a conventional technology, the applicant has the option of requesting funding for only the incremental project costs if desired. If so, the applicant must provide both the projected cost of the conventional technology and the green technology to substantiate the request for the incremental costs. The incremental costs will then be used to determine the project's cost effectiveness as well as the SLAF grant amount requested.] Section C – Water Quality Data Provide the latitude and longitude for the center of the project, in decimal degrees. Provide the name of the stream / waterbody that is being addressed by the project. Provide the river basin for the above mentioned stream / waterbody. Section D – Project Description & Statement of Need Provide a description of the proposed project, including the type of project (BMP), area treated by the BMP in acres, any TMDL or impaired water addressed by the project, if the project is relevant to a TMDL Implementation Plan, and other relevant information pertaining to the project. Describe the need for the proposed project. Needs should be in the areas of restoring, protecting, or preventing pollution in State waters. [If the project is a stream restoration, you must also provide a written description of the site selection process for the project, including documentation (e.g. Rosgen stream channel classification, watershed study, conceptual design plans, existing BMPs within the watershed, etc.) and photographs of the reach of stream to be restored.] Section E: Pollutant Reduction The established methodology for calculating the TP reduction is outlined in Attachment A of the SLAF Guidelines. Documentation: To verify pollutant reduction calculations, the following information is required with the application: 1. Print out the Site Data tab of the Virginia Reduction Method spreadsheet showing the data entered and the resultant TP load. Supporting documentation with rationale for parameter selection must be provided to demonstrate that the parameter estimates are valid for the project. 2. Provide a narrative explaining which pollution reduction calculation methodology was selected, why it is appropriate for the project, the calculated phosphorus load reduction, any assumptions with supporting documentation, and parameters selected with rationale for selection (must be provided to demonstrate that the estimates are valid for the project.) All supporting calculations must be provided. 3. If the project is a retrofit of an existing BMP, provide photographs showing the BMP before the upgrade. Provide a narrative describing the upgrade / enhance- ment and the incremental phosphorus reduction achieved utilizing the SLAF Guideline references, with supporting documentation. Rationale and calculated estimates for the BMP's current (former) efficiency must be provided. Section F – Readiness-To-Proceed For items 1-6, choose the highest (most advanced) project status option that accurately reflects the current status of the project. For items 7-8, check either yes or no, as appropriate. Documentation: Only provide documentation of the highest (most advanced) status option: - For item 1, provide final design plans and local approval. - For item 2, provide design plans. - For item 3, provide concept engineering plan. - For item 4, provide executed contract, task order, and notice to proceed. - For item 6, provide Comprehensive SWM Plan, Watershed Management Plan, or TMDL Action Plan. - For item 8, attach documentation of acquisition. Section G – Project Budget Information Provide a breakdown of the project budget. The contin- gency amount should be no more than 5% of the Storm- water BMP Construction amount. Ensure that the total is the same amount as the Total Project Cost in Section B of the application. Documentation: Provide information such as profes- sional services task orders, engineer's opinion of probable cost, and appraisals/basic administrative reports to substantiate the project budget figures. Section H: Locality stormwater data Check questions on the locality's dedicated revenue source for stormwater and MS4 permit and explain the project's relationship to the MS4 permit if applicable. Documentation: Attach evidence of the dedicated revenue source for a stormwater management program. Section I – Assurances and Certifications Provide name, title, signature, and date. Section J – Attachments Provide all appropriate attachments. Stormwater Local Assistance Fund Guidelines Page 1 of 10 June 2021 STORMWATER LOCAL ASSISTANCE FUND P R O G R A M G U I D E L I N E S STORMWATER LOCAL ASSISTANCE FUND -ENABLING LEGISLATION In order to reduce non-point source pollution from stormwater runoff, the Virginia General Assembly included Item 360 in Chapter 860 of the Acts of Assembly (the Commonwealth’s 2013-2014 Budget) which created and set forth specific parameters for the administration of the Stormwater Local Assistance Fund (SLAF). With the consolidation of water quality programs with the State Water Control Board (SWCB) through HB 2048 (2013) and SB 1279 (2013), administration of the SLAF resides with the SWCB and the Department of Environmental Quality (DEQ). The following is the text of Item 360: N.1. There is hereby established in the state treasury a special nonreverting fund to be known as the Stormwater Local Assistance Fund, hereby referred to as the “Fund.” The Fund shall be established on the books of the State Comptroller and shall consist of bond proceeds from bonds authorized by the General Assembly and issued pursuant to Item C-39.40 of this act, sums appropriated to it by the General Assembly and other grants, gifts, and moneys as may be made available to it from any other source, public or private. Interest earned on the moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. 2. The purpose of the Fund is to provide matching grants to local governments for the planning, design, and implementation of stormwater best management practices that address cost efficiency and commitments related to reducing water quality pollutant loads. Moneys in the Fund shall be used to meet: i) obligations related to the Chesapeake Bay total maximum daily load (TMDL) requirements; ii) requirements for local impaired stream TMDLs; iii) water quality requirements of the Chesapeake Bay Watershed Implementation Plan (WIP); and iv) water quality requirements related to the permitting of small municipal stormwater sewer systems. The grants shall be used solely for capital projects meeting all pre-requirements for implementation, including but not limited to: i) new stormwater best management practices; ii) stormwater best management practice retrofits; iii) stream restoration; iv) low impact development projects; v) buffer restoration; vi) pond retrofits; and vii) wetlands restoration. 3. The Virginia Soil and Water Conservation Board shall issue guidelines for the distribution of moneys from the Fund. The process for development of guidelines shall, at a minimum, include (a) a 60-day public comment period on the draft guidelines; (b) written responses to all comments received; and (c) notice of the availability of draft guidelines and final guidelines to all who request such notice. O. The grants shall be used solely for capital projects meeting all pre-requirements for implementation, including but not limited to: i) new stormwater best management practices; ii) stormwater best management practice retrofits; iii) stream restoration; iv) low impact development projects; v) buffer restoration; vi) pond retrofits; and vii) wetlands restoration. Such grants shall be in accordance with eligibility determinations made by the Virginia Soil and Water Conservation Board under the authority of the Department of Conservation and Recreation. Stormwater Local Assistance Fund Guidelines Page 2 of 10 June 2021 DEQ’s Clean Water Financing and Assistance Program, on behalf of the SWCB, has developed these guidelines and will administer the Stormwater Local Assistance Fund (SLAF). These Guidelines and the grant agreements awarding funds from the SLAF are supplemental to the State Water Control Law, Chapter 3.1, Title 62.1 of the Code of Virginia (1950), as amended, and do not limit in any way the other water quality restoration, protection and enhancement, or enforcement authority of the State Water Control Board, the Department of Environmental Quality (DEQ), or the Director of DEQ. GRANTAPPLICATION /AWARD PROCESS Applications for SLAF grants will be solicited once each year that a state appropriation is available. The completed application form and all necessary support documentation should be mailed to: Clean Water Financing and Assistance Program Department of Environmental Quality 1111 East Main Street, Suite 1400 P.O. Box 1105 Richmond, Virginia 23219 Applications will be reviewed and ranked in accordance with the priority ranking criteria provided in these guidelines. Based on that ranking process and with consideration to providing the greatest financial and environmental benefit to as many communities as practicable, the DEQ Director will authorize a project funding list. The authorized funding list (including recipient name, grant amount, and priority point totals) will be posted on the DEQ website. DEQ will then issue Letters of Commitment to all recipients on the authorized project funding list so that they may proceed with their projects with the certainty of a funding commitment. DEQ staff will work with the authorized grant recipients as they complete the program requirements and advertise for construction bids. Upon approval of all program requirements, the receipt of construction bids, and the development and approval of a final project budget based on as-bid or contractual costs, a grant will be awarded. In the case where a grantee has multiple projects, DEQ will execute one grant agreement per project. For each solicitation period, the Director of DEQ may establish a date by which program requirements must be met and a grant agreement must be executed or authorized funds will expire. ELIGIBLE APPLICANTS Local governments, meaning any county, city, town, municipal corporation, authority, district, commission, or political subdivision created by the General Assembly or pursuant to the Constitution or laws of the Commonwealth, are eligible to apply for cost-share from the SLAF. ELIGIBLE PROJECTS Capital projects for reducing and treating stormwater runoff as identified in Attachment A. Urban Stream Restoration projects must receive an Army Corps. Of Engineers Nationwide 27 or Individual Permit to be eligible for funding. The Stormwater Local Assistance Fund has been authorized in Chapter 780 Item 370 (C) (D) (effective July1, 2017) to fund the purchase of non-point source nutrient credits. The purchase of non-point source nutrient credits Stormwater Local Assistance Fund Guidelines Page 3 of 10 June 2021 will be eligible only in funding cycles where the appropriation language does not preclude its eligibility. Only permanent non-point source nutrient credits that have been certified by DEQ will be considered eligible for SLAF funding. Funding for the purchase of certified non-point source nutrient credits will be limited to no more than 25% of available funds in a given funding cycle. The DEQ Director reserves the right to set a maximum allowed cost per pound of Total Phosphorous (TP) removed (or purchased) based on the pool of applications received during any given funding cycle. GRANT PERCENTAGE The Director of the Department of Environmental Quality will authorize grants of up to 50% of the eligible costs of planning, design, and installation of stormwater best management practices. The recipient must be able to demonstrate the availability of the 50% local match. The Virginia Clean Water Revolving Loan Fund can be used as a source for the local match under the guidelines issued for that program. ALLOWABLE GRANT AMOUNT The minimum grant amount per local government is $50,000 and the maximum grant amount per local government is $5,000,000. This means that a locality must have at least $100,000 in eligible project costs to be considered and any locality that exceeds $10,000,000 in eligible project costs will receive no more than $5,000,000. The minimum and maximum grant amounts may be adjusted at the discretion of the Director of DEQ. GRANT ELIGIBLE EXPENSES The SLAF program allows for any reasonable and necessary costs associated with the stormwater management project, including all associated planning, design, permitting, inspection, and construction costs. Grant proposals must be supported by a need which addresses an existing stormwater pollution problem or prevents a future environmental problem due to stormwater runoff. Grant requests received which are solely supported by the economic development needs of an area or an entity may be excluded from funding participation. DEQ may reduce grant eligibility and/or the scope and size of a project to ensure the greatest financial and environmental benefit to as many communities as possible. DEQ may set a date before which construction may not have started in order for the project to be considered eligible for funding. Planning and design expenses incurred on an approved project prior to the execution of a grant agreement are eligible costs provided they are necessary and directly attributable to the project and any services or contracts are secured in accordance with State procurement requirements. Professional services (planning, design, and construction oversight) expenses are limited to 35% of construction costs. If the total cost of professional services expenses exceed 35% of the construction costs, the project will still be eligible for funding but DEQ will limit its 50% cost share participation in these services to no more than 35% of the construction cost. INELIGIBLE GRANT COSTS The following expenses cannot be included when determining the allowable amount of a SLAF grant: 1.Salaries and other expenses of municipal employees are not allowable expenses for reimbursement under the program. In addition, the cost of Force Account Labor is ineligible. 2.Administrative costs such as supplies, rent, grant administration, and/or travel. Stormwater Local Assistance Fund Guidelines Page 4 of 10 June 2021 3.Changes in the approved project scope without DEQ concurrence. 4.Change orders not attributable to the stormwater project or involving duplication of effort or work. 5.Any cost or expenditure that is determined to be unnecessary and/or unreasonable. 6.Costs to operate or maintain the project. 7.Any interest costs associated with funds borrowed for the planning, design, or construction of the project. 8.Costs associated with post-construction monitoring of the project. REIMBURSEMENT Disbursement of grant funds will be made on a periodic reimbursement basis. Invoices must be submitted which fully substantiate all requests for disbursement of grant funds. All reimbursement requests must be reviewed and approved by DEQ staff prior to actual disbursement of funds. An original signed reimbursement request must be submitted to DEQ’s Clean Water Financing and Assistance Program and one copy submitted to the appropriate DEQ regional office. PROGRAM REQUIREMENTS The following requirements are applicable to all projects funded through the Stormwater Local Assistance Fund: 1.Procurement of all funded goods/services must be made in conformance with the requirements of the Virginia Public Procurement Act, regardless of population size. DEQ will allow certification of engineering and/or construction procurement in order to streamline submittals. 2.When SLAF is participating in land acquisition costs, the grantee must submit copies of the basic administrative reports and/or appraisals to substantiate the value of the land being purchased. 3.Stormwater best management practices (BMPs) listed on the Virginia Stormwater BMP Clearinghouse website shall be designed and constructed in accordance with all applicable standards and specifications provided by the Virginia Stormwater BMP Clearinghouse. Stormwater management facilities accepted for use by the USEPA Chesapeake Bay Program shall be designed and constructed in accordance with all applicable standards and specifications provided by the Chesapeake Bay Program. If the BMP is a retrofit that cannot fully meet the applicable design specifications, then it must meet them to the degree feasible, given space constraints and other limitations. However, cost should not be a limiting factor. 4.Provisions for the long-term responsibility and maintenance of the stormwater management facilities and other techniques specified to manage the quantity and quality of runoff, including an inspection and maintenance schedule, shall be developed and implemented for all projects funded through the SLAF. These provisions shall include, at a minimum, a description of the requirements for maintenance of the stormwater management facilities, a recommended schedule of inspection and maintenance, and the identification of a person or persons who will be responsible for maintenance. Long-term responsibility and maintenance requirements for stormwater management facilities located on private property shall be set forth in an instrument recorded in the local land records and shall be consistent with 9VAC25-870-112 of the Virginia Stormwater Management Program (VSMP) Permit Regulations. 5.For the purchase of certified non-point source nutrient credits, DEQ will require a purchase contract. Stormwater Local Assistance Fund Guidelines Page 5 of 10 June 2021 PRIORITY RANKING CRITERIA DEQ will prioritize applications for grant assistance on a statewide basis. Stormwater projects or non-point source nutrient credit purchases which are expected to provide the greatest water quality benefit will be given the highest funding priority. HIGHEST TOTAL POSSIBLE SCORE = 600 PTS I.POLLUTANT REDUCTION (MAXIMUM 100 points) Points will be based on the calculated reduction of total phosphorous (TP) as a result of the proposed project. TP is the representative pollutant for stormwater in the Commonwealth and serves as a surrogate for other pollutants of concern. The established methodology for calculating the TP reduction for stormwater management projects is outlined in Attachment A. For the purchase of non-point source nutrient credits, the number of pounds of TP proposed for purchase will be the pollutant reduction amount. II.COST EFFECTIVENESS (MAXIMUM 200 points) Points will be based on the projected cost of the project divided by the calculated amount of TP reduction or the proposed pounds of TP to be purchased for non-point source nutrient credits. III.IMPAIRED WATER BODIES (MAXIMUM 100 points) Points will be based on the location and impact of the proposed project in relation to priority water bodies in the state. Note: These categories (a – b) are additive. a.Project is directly related to the requirements of the Chesapeake Bay TMDL 60 pts. b.Project is directly related to requirements of a local impaired stream TMDL 40 pts. or Project is directly related to a local impaired stream without a TMDL 20 pts. IV. FISCAL STRESS-(COLG Composite Stress Index) (MAXIMUM 75 points) 50 of the points for county and city applicants will be based on the latest available Commission on Local Government composite fiscal stress index. Town applicants will be assigned the points of the surrounding county. Any applicant with a project serving more than one jurisdiction (such as public service authorities or towns located in two counties) will be assigned a weighted average from the component scores. An additional 25 points will be awarded to applicants that have established a dedicated local funding/revenue mechanism for stormwater capital projects. Stormwater Local Assistance Fund Guidelines Page 6 of 10 June 2021 V. READINESS TO PROCEED (MAXIMUM 100 points) Because it is important that grant recipients proceed quickly with their proposed projects, applicants that can proceed immediately with their proposed projects, or demonstrate an advanced state of readiness, will be given the highest points under this category. Stormwater Management Projects: Final design plans approved by the locality 75 pts. Design plans submitted and under review by the locality 70 pts. Preliminary / Concept engineering completed 55 pts. Executed engineering contract with approved task order and notice to proceed issued for this project 40 pts. Project included in current year Capital Improvement Plan 25 pts. Project identified in Comprehensive Stormwater Management plan, Watershed Management Plan, or TMDL Action Plan 15 pts. An additional 15 points will be awarded if all funding is in place for the local match and another 10 points will be awarded if land and easements necessary for the project have already been acquired or if land and easement acquisitions are not required. Non-Point Source Nutrient Credit Purchases: Applicant has signed a contract with a bank to purchase a number of non-point source nutrient credits for a specific cost and are immediately available Applicant has signed a contract with a bank to purchase a number of non-point source nutrient credits for a specific cost and are available within 6 months. 75 pts. 60 pts. Written contract with a bank has been drafted for the purchase of non-point source nutrient credits 40 pts. Applicant has obtained written proposal(s) for the purchase of non-point source nutrient credits 25 pts. An additional 25 points will be awarded if all funding is in place for the local match. VI. PHASE II (SMALL) MS4 (MAXIMUM 25 points) Applicants that are regulated under the General Permit for the Discharge of Stormwater from Small Municipal Separate Storm Sewer Systems will receive 25 points. Stormwater Local Assistance Fund Guidelines Page 7 of 10 June 2021 Attachment A METHODOLOGY FOR CALCULATING TOTAL PHOSPHORUS REDUCTION For the purpose of determining pollution reduction rankings, applicants shall submit expected reductions of Total Phosphorus (TP) only. This shall be calculated as follows: 1)For Virginia BMP Clearinghouse BMPs, USEPA Chesapeake Bay Program BMPs, and BMP retrofits: a)Initial TP loads (in pounds) shall be calculated on the Site Data tab of the Virginia Runoff Reduction Method Spreadsheet (Version 3.0, April 2016; 2011 or 2013 BMP Stds & Specs). Instructions for using the Spreadsheet can be found in Guidance Memo No. 16-2001 Virginia Runoff Reduction Method Compliance Spreadsheet User’s Guide & Documentation (April 2016). b)TP load reductions (in pounds) shall be determined using the following methods, as specified: i)If the proposed BMP is on the Attachment A list, then the TP load reduction shall be calculated using the TP removal efficiency assigned to the selected BMP in the table. ii)If the BMP being installed, enhanced, or converted cannot fully meet the design specifications for an Attachment A BMP, then the TP load reduction shall be determined using the retrofit equations or performance curves developed in the Recommendations of the Expert Panel to Define Removal Rates for Urban Stormwater Retrofit Projects (January 2015), on the Chesapeake Bay Program website at: http://chesapeakebay.net/documents/Final-CBP-Approved-Expert-Panel-Report-on-Stormwater- Retrofits-long_012015.pdf 2)Land Use Change: If the project constitutes a land use change (e.g., planting trees where impervious surface once existed, etc.), the initial TP load shall be calculated as directed in paragraph 1a above. The reduction shall be calculated using the Site Data tab of the Virginia Runoff Reduction Method Spreadsheet. The initial TP load calculated using this tab of the Spreadsheet shall be compared to the TP load calculated after reflecting the changes in the land cover cells. 3)Stream Restoration Default Rate: For Urban Stream Restoration projects that are in the conceptual design stage at the time of application for SLAF funds, TP load reduction may be calculated using the interim default rate, however, the reduction must be recalculated using the protocols when final design plans and calculations are submitted to DEQ prior to grant execution. Urban Stream Restoration projects that have progressed beyond the conceptual design stage at the time of application must calculate and submit TP load reductions using the protocols as listed in the table on page 10 of this document. 4)Stream Restoration Required Information: Applications for stream restoration projects must include a written description of the site selection process for the project including documentation (i.e. Rosgen stream channel classification, watershed study, conceptual design plans, BMPs within the watershed, etc.) and photographs of the reach of stream to be restored. 5)Existing BMPs: If an applicant proposes to enhance or convert an existing pond or other BMP that was in place on or before June 30, 2009 (the baseline date for the Chesapeake Bay TMDL load allocations), only the incremental increase in pollution treatment capacity will be eligible for scoring for this grant process. Proposals to increase the treatment capacity of a BMP that was lost due to lack of routine maintenance being performed will not be eligible for grant funds. Stormwater Local Assistance Fund Guidelines Page 8 of 10 June 2021 Virginia Stormwater BMP Clearinghouse Non-Proprietary BMPs BMP Clearinghouse Specification #Practice Total Phosphorus Mass Load Removal (TR, as %) 2 Sheetflow to Conservation Area 50 to 751 Sheetflow to Vegetated Filter Strip 50 3 Grass Channel 24 to 411 5 Vegetated Roof Level 1 45 Vegetated Roof Level 2 60 7 Permeable Pavement Level 1 59 Permeable Pavement Level 2 81 8 Infiltration Level 1 63 Infiltration Level 2 93 9 Bioretention Level 1 55 Bioretention Level 2 90 Urban Bioretention 55 10 Dry Swale Level 1 52 Dry Swale Level 2 76 11 Wet Swale Level 1 20 Wet Swale Level 2 40 12 Filtering Practice Level 1 60 Filtering Practice Level 2 65 13 Constructed Wetland Level 1 50 Constructed Wetland Level 2 75 14 Wet Pond Level 1 50 (45 for coastal plain)2 Wet Pond Level 2 75 (65 for coastal plain)2 15 Extended Detention Pond Level 1 15 Extended Detention Pond Level 2 31 Virginia Stormwater BMP Clearinghouse Proprietary Devices Device Type Device Name Total Phosphorus Mass Load Removal (TR, as %) Hydrodynamic Manufactured Devices Aqua-Swirl Stormwater Treatment System 20 BaySaver Barracuda 20 BaySeparator 20 Continuous Deflective Separator (CDS)20 Downstream Defender 20 Dual Vortex Separator (DVS)20 First Defense 20 Hydroguard 20 HydroStorm 20 Nutrient Separating Baffle Box 20 SciClone Hydrodynamic Separator 20 Stormceptor OSR 20 Stormceptor STC 20 StormPro 20 Storm Water Quality Unit 20 Terre Kleen Hydrodynamic Separator 20 Stormwater Local Assistance Fund Guidelines Page 9 of 10 June 2021 V2B1 20 The Vortechs System 20 CrystalClean Separator – Single Vault 25 Virginia Stormwater BMP Clearinghouse Proprietary Devices Device Type Device Name Total Phosphorus Mass Load Removal (TR, as %) Filtering Manufactured Devices R-Tank Module Treatment/Maintenance Row 20 StormTank Module Debris Row 20 Aqua Filter Stormwater Filtration System 40 StormKeeper Sediment Strip 40 StormKleener Filter Cartridge System 40 StormTech Isolator Row 40 Up-Flo Filter with CPZ Media 40 The Stormwater Management Stormfilter with ZPG Media 45 BayFilter Stormwater Cartridge System 50 BioPod Biofilter System with StormMix Media 50 Filterra Bioretention Systems 50 FocalPoint High Performance Modular Biofiltration System 50 Jellyfish Filter 50 Kraken Stormwater Filtration Systems 50 Modular Wetland System Linear (MWS-Linear)50 Perk Filter 50 Silva Cell Suspended Pavement System with Bioretention (Silva Cell)50 StormGarden Biofiltration System 50 The Stormwater Management StormFilter with Phosphosorb media 50 Up-Flo Filter with Ribbon 50 Chesapeake Bay Program BMPs, Established Efficiencies Practice Total Phosphorus Mass Load Removal (TR, as %) Wet Ponds and Wetlands 45 Dry Detention Ponds and Hydrodynamic Structures 10 Dry Extended Detention Ponds 20 Infiltration Practices w/o Sand, Veg.85 Infiltration Practices w/ Sand, Veg.85 Filtering Practices 60 Bioretention C/D soils, underdrain 45 Bioretention A/B soils, underdrain 75 Bioretention, A/B soils, no underdrain 85 Vegetated Open Channels, C/D soils, no underdrain 10 Vegetated Open Channels, A/B soils, no underdrain 45 Bioswale 75 Permeable Pavement w/o Sand, Veg. C/D soils, underdrain 20 Permeable Pavement w/o Sand, Veg. A/B soils, underdrain 50 Permeable Pavement w/o Sand, Veg. A/B soils, no underdrain 80 Permeable Pavement w/ Sand, Veg. C/D soils, underdrain 20 Stormwater Local Assistance Fund Guidelines Page 10 of 10 June 2021 Permeable Pavement w/ Sand, Veg. A/B soils, underdrain 50 Permeable Pavement w/ Sand, Veg. A/B soils, no underdrain 80 Chesapeake Bay Program BMPs Hydrogeomorphic Region Impacted Efficiencies Practice Hydrogeomorphic Region(s)Total Phosphorus Mass Load Removal (TR, as %) Wetland Restoration Appalachian Plateau Siliciclastic 12 Wetland Restoration Coastal Plain Dissected Uplands; Coastal Plain Uplands; Coastal Plain Lowlands 50 Wetland Restoration Blue Ridge; Mesozoic Lowlands; Piedmont Crystalline; Piedmont Carbonate; Valley and Ridge Siliciclastic; Valley and Ridge Carbonate 26 Other Practices Practice Expert Panel Report for Determining Total Phosphorus Removal Urban Stream Restoration Protocol 1: Consensus Recommendations for Improving the Application of the Prevented Sediment Protocol for Urban Stream Restoration Projects Built for Pollutant Removal Credit (February 2020) to Improve Protocols 2 and 3 forProtocol 3: Consensus Recommendations Defining Stream Restoration Pollutant Removal Credits (October 2020) Dry Channel Regenerative Stormwater Conveyance Protocol 4: Recommendations of the Expert Panel to Define Removal Rates for Individual Stream Restoration Projects (September 2014) Living Shoreline Recommendations of the Expert Panel to Define Removal Rates for Shoreline Management Projects (November 2019) Outfall and Gully Stabilization Protocol 5: Recommendations for Crediting Outfall and Gully Stabilization Projects in the Chesapeake Bay Watershed (October 2019) Notes: 1 See design specifications for more information. 2 Lower nutrient removal in parentheses applies to wet ponds in coastal plain terrain Meeting Date July 20, 2021 Department Administration Issue Consider adoption of a Resolution approving a one-time payment of $3,427.00 to Vinton Baptist Church and authorizing the Town Manager to execute a Parking and Maintenance Contribution Agreement between the Town and Vinton Baptist Church Summary The Town has worked closely with Vinton Baptist Church to have their parking lot available to the public for special events and downtown merchant parking. To this end, the Town will provide a financial contribution to assist in the maintenance activities, including crack sealing, spray sealant over the entire parking lot and restriping. Use of the parking lot has been a critical component of the many Town sponsored festivals and special events, as well as use of employees of downtown merchants during the work week. As proposed, the Town would contribute a one-time payment of $3,427 which is 50% of the total estimate received to perform the above-mentioned maintenance tasks for a three-year period. Council was briefed on this matter at their July 6, 2021 meeting. Attachments Parking and Maintenance Agreement Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary 1 PARKING AND MAINTENANCE CONTRIBUTION AGREEMENT THIS AGREEMENT is entered into this ____ day of _________, 2021, by and between the TOWN OF VINTON (hereinafter, "TOWN"), 311 South Pollard Street, Vinton, VA 24179 and the VINTON BAPTIST CHURCH, (hereinafter, "CHURCH"), 219 Washington Avenue, Vinton, VA 24179. WITNESSETH: WHEREAS, the TOWN has requested permission for the public to use the CHURCH’s parking lot located at 291 Washington Avenue in the Town of Vinton for public parking for various TOWN sponsored Festivals and Special Events; and WHEREAS, the TOWN has requested permission for downtown merchants to use the CHURCH’s parking lot located at 291 Washington Avenue in the Town of Vinton for employee parking; and WHEREAS, the CHURCH agreed to allow its private parking lot to be used for public parking for these two aforementioned purposes; and WHEREAS, in consideration of this agreement with the CHURCH, the TOWN agreed to contribute one-half of $6,853.70 estimate for re-sealing and restriping the parking lot; NOW, THEREFORE AND IN CONSIDERATION of the above, the parties memorialize their agreement as follows: 1. PARKING. CHURCH agrees that it shall allow the general public to use it private parking lot for various TOWN sponsored Festivals and Special Events. In addition, CHURCH shall allow the public to use its parking lot for downtown merchant employee parking. 2. PARKING LOT MAINTENANCE ASSISTANCE. TOWN agrees to pay CHURCH a one-time fee of Three-Thousand Four Hundred Twenty- Seven Dollars and No/100 ($3,427.00) to assist with the cost of resealing, restriping, and maintaining the CHURCH parking lot. This fee equates to one-half of the anticipated cost to reseal and restripe the church parking lot. 3. TERM OF AGREEMENT. TOWN and CHURCH agree that this Agreement will take effect upon payment by the TOWN of the contribution for parking lot maintenance as set forth herein, and shall continue for a period of thirty-six (36) months thereafter as set forth below. 2 4. INSURANCE. TOWN shall carry public liability insurance for its sponsored activities and name the CHURCH as additional insured. 5. ENTIRE AGREMENT. This Agreement contains the entire agreement between the parties and may be changed only by a written amendment, signed by both parties. This Agreement shall be governed by the laws of the Commonwealth of Virginia. It shall not be assigned by Lessee without the prior written approval of Lessor. 6. TERMINATION. Either party may terminate this Agreement by giving the other party written notice at least thirty (30) days prior to the expiration of this Agreement or any subsequent renewal thereof. 7. NOTICES. All notices pertaining to this Agreement shall be in writing and shall be transmitted either by personal hand delivery or through the U.S. Postal Service by certified mail, return receipt requested. The addresses set forth above for the respective parties shall be the places where notices shall be sent, unless written notice of a change of address is given. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed this ________ day of _______________, 2021. TOWN OF VINTON VINTON BAPTIST CHURCH ___________________________________ ___________________________________ By: Richard W. Peters, Jr. By Its: Town Manager Its:________________________________ APPROVED AS TO FORM: ____________________________________ Town Attorney RESOLUTION NO AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, JULY 20, 2021 AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. WHEREAS, for many years, the Town of Vinton (“Town”) has worked closely with Vinton Baptist Church (“Church”) for the public to use the Church’s parking lot at 291 Washington Avenue for special events and downtown merchant parking; and WHEREAS, because of the Town’s use of said parking lot, the Town will make a financial contribution to assist in the maintenance to include crack sealing, spray sealant over the entire parking lot and restriping; and WHEREAS, the Town has agreed to pay the Church a one-time fee to assist with said parking lot maintenance in the amount of $3,427.00 which is 50% of the total cost; and WHEREAS, Town staff recommends that a Parking and Maintenance Contribution Agreement be executed to formalize said agreement between the parties. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the one-time payment of $3,427.00 to the Church and authorizes the Town Manager to execute the Parking and Maintenance Contribution Agreement as presented to Council and approved as to form by the Town Attorney. 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 July 20, 2021 Department Finance/Treasurer Issue Finance Committee Summary The Finance Committee met on July 12, 2021 and the following items were discussed at the meeting: • PSN Vinton Presentation • FY22 Budget Rollovers • Contractual Police Services Rate • May 31, 2021 Financial Statements • War Memorial Rental Waivers (Informational) Attachments May 2021 Financial Report Summary Recommendations Motion to approve May 2021 Financial Report Town Council Agenda Summary Financial Report Summary May 31, 2021 Adopted Revised YTD MTD YTD Remaining % Budget Budget Posted Posted Balance YTD Revenues 7,168,550 7,364,226 1,495,950 7,354,170 (10,056) 100% Expenditures 7,168,550 7,966,135 1,138,472 7,183,091 (783,044) 90% Revenues over/(under) Expenditures (601,909) 357,478 171,079 Revenues 4,000 4,445,939 (114,678) 1,783,093 (2,662,846) 40% Expenditures 4,000 4,445,939 57,653 1,868,551 (2,577,388) 42% Revenues over/(under) Expenditures - (172,331) (85,458) Revenues 3,826,500 3,327,354 117,608 3,655,177 327,823 110% Expenditures 3,826,500 3,384,549 264,354 3,393,530 8,981 100% Revenues over/(under) Expenditures (57,195) (146,746) 261,647 Revenues 175,000 1,714,078 354,535 1,344,190 (369,888) 78% Expenditures 175,000 1,714,130 125,913 629,083 (1,085,047) 37% Revenues over/(under) Expenditures (52) 228,622 715,107 Revenues 499,477 617,671 81,623 577,854 (39,817) 94% Expenditures 499,477 603,493 21,706 344,063 (259,430) 57% Revenues over/(under) Expenditures 14,178 59,917 233,791 Revenues 11,673,527 17,469,268 1,935,038 14,714,484 (2,754,784) 84% Expenditures 11,673,527 18,114,246 1,608,098 13,418,318 (4,695,928) 74% Revenues over/(under) Expenditures (644,978) 326,940 1,296,166 Meeting Date July 20, 2021 Department Public Works Issue Public Works Committee Summary The Public Works Committee met on July 14, 2021 and the following items were discussed at the meeting: • Paving Update • Bulk Update • ROW Mowing (overgrowth) • Private Stormwater Infrastructure Repair and Replacement Grant (Shepherd) • Mountain View Rd Project Scoping • Utility Improvement Project Updates (Lift Station / SCADA / Meters) • Lindenwood and Stone Acres Utility Project Discussion (possible ARPA candidates) Attachments None Recommendations No action required Town Council Agenda Summary