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Home My WebLink About6/7/2022 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, June 7, 2022 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 1. Consider approval of minutes of the Regular Meeting of May 17, 2022 G. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS 1. Proclamation – National Safety Month – Donna Collins H. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. I. PUBLIC HEARING 1. Consideration of public comments regarding the proposed FY 2022-2023 Town of Vinton Budget. a. Open Public Hearing • Report from Staff – Town Manager • Receive public comments • Council discussion and questions b. Close Public Hearing c. Action to be taken on June 21, 2022 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 concerning the proposed amendment to the Town of Vinton’s FY 2021-2022 budget to appropriate funding for VML 2017 Equipment Lease Purchase payoff, VML 2018 Knuckleboom Lease Purchase, VRA Virginia Water Facilities Revolving Fund GO Bond, street maintenance projects, and projected operational expenditures in the total amount of $1,371,790.38 in the General Fund, Utility Fund, and Capital Fund. 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 J. TOWN ATTORNEY K. TOWN MANAGER 1. BRIEFINGS 2. ITEMS REQUIRING ACTION a. Consider adoption of a Resolution authorizing the Town Manager to execute a Grant Subrecipient between the Town of Vinton and the Western Virginia Water Authority for the award of ARPA Funds to the Authority in the amount of up to $5.7 million – Cody Sexton b. Consider adoption of a Resolution authorizing the Town Manager to execute a Public Right-of-Way Development and Maintenance Agreement between Greenway Construction, Inc. and the Town of Vinton for access to two properties owned by Greenway Construction, Inc. – 1323 and 1325 Duke Drive, from an undeveloped public right-of-way, extending from Duke Drive along the western boundary of the two properties – Anita McMillan 3. PROJECT UPDATES/COMMENTS L. REPORTS FROM COMMITTEES M. COUNCIL N. MAYOR O. ADJOURNMENT NEXT COMMITTEE/TOWN COUNCIL MEETINGS: June 13, 2022 – 3:00 p.m. – Finance Committee Meeting – TOV Conference Room June 21, 2022 – 6:00 p.m. – Regular Council Meeting – Council Chambers 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 June 7, 2022 Department Town Clerk Issue Consider approval of minutes of the Regular Meeting of May 17, 2022 Summary None Attachments May 17, 2022 minutes Recommendations Motion to approve minutes Town Council Agenda Summary 1 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 6:00 P.M. ON TUESDAY, MAY 17, 2022, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA MEMBERS PRESENT: Bradley E. Grose, Mayor Sabrina McCarty, Vice Mayor Keith N. Liles Laurie J. Mullins Michael W. Stovall STAFF PRESENT: Pete Peters, Town Manager Cody Sexton, Assistant Town Manager Susan N. Johnson, Executive Assistant/Town Clerk Jeremy Carroll, Town Attorney Fabricio Drumond, Police Chief Tim Lawless, Police Captain Bo Herndon, Public Works Director Chasity Barbour, Community Programs Director The Mayor called the meeting to order at 6:00 p.m. The Town Clerk called the roll with Council Member Liles, Council Member Mullins, Council Member Stovall, Vice Mayor McCarty and Mayor Grose present. Roll call After a Moment of Silence, Maddie Shepherd led the U.S. Flag. announcements, Vice Mayor McCarty announced the following: June 4 – First Saturday Community Ice Cream Social – Vinton History Museum; Saturdays from May – October- 9:00 a.m.-1:00 p.m. - Produce vendors- Farmer’s Market; May 20 – 8:00 p.m. - Kemistry, May 21 – 8:00 p.m. - Karlee Raye Band and May 27- 8:00 p.m. - Any Burnette Trio, all at Rosie’s; every Wednesday - 6:30 p.m. – Bingo, every Thursday - 6:30 p.m. -Trivia; May 20 – 6:30 p.m. - Betsy in the Sky and May 27 – 6:30 p.m. - These tow Tims June 5 – Ironman Triathlon; June 11 – 7-10:00 p.m. – Mingle at the Market with 5 Shades of Grey – Farmer’s Market; August 21 - Vinton Palazzo - Vinton War Memorial Council Member Stovall made a motion to approve the motion was seconded by Council Member Liles members voting: Vote 5-0; Yeas (5) – Liles, May 3, 2022; adopted Resolution No. 2496. Grant Revenue Account to the CESF Grant 2 Mullins, Stovall, McCarty, Grose; Nays (0) – None. Department; Resolution No. 2497 appropriating $2,767.00 from LOLE FFY18 Grant Revenue Account to the LOLE FFY18 Stinger flashlights; Resolution Grant Revenue Account to the LOLE FFY19 Department to purchase a locker cabinet to store riot gear The next item on the agenda was the swearing-in ceremony for Officer Grant Shepherd. After comments by Captain Lawless, the Town Clerk administered the Oath of Office to Officer Shepherd. Officer Shepherd, pinned on his badge. The next item under awards, introductions, presentations and proclamations was a proclamation for National Public Works Council Member Mullins read the Proclamation After comments from Bo Herndon were made by the Mayor and Council. The second proclamation was for Business Appreciation Month. Council Member Liles read the Proclamation. of the Town Manager’s Recommended Budget for FY2022-2023. The Town Manager first reviewed a PowerPoint presentatio be on file in the Town Clerk’s Office as a part of the permanent record. The Town Manager commented that with regard to the General Fund FY24- FY25 and $0.5 million in FY26. The large spike in the trend for Personal Property Taxes in FY22 is based on the escalated value of vehicles due to the supply chain shortages. Our Personal Property Tax Relief was set about 20% higher than the funding provided by the State. This will provide some addition relief to our Vinton residents over and above what is being provided by Roanoke County. The revenue and next year we have budgeted it as flat 3 finalized the budget on Friday, the State still had not passed their budget, so favorable to the localities and anything we receive will be above and beyond what we have budgeted. followed Roanoke County’s lead and they have unless we hear confidently otherwise. With regard to the debt schedule, in FY22 we are a from Roanoke County or the WVWA utility system transfer. This will free up approximately $187,000 of operating funds in the FY23 budget. In total we have $213,704.41 in debt remaining and prior to that it was upwards of approximately $11.5 million. appreciation to the Finance/Budget Committee and appreciation to Anne Cantrell, the former Finance did before she left the Town to get us as far along as she could. Members reiterated that a Public Hearing will be held on June 7, 2022 provide an express their concerns and ask any questions. The Mayor commented that he is glad to see that we are able to have a Capital Improvement Fund to make an investment in our community of approximately $2.7 million. The next item on the agenda was to consider adoption of a Resolution authorizing the Town Manager to execute a Performance Agreement to Economic Development Partnership (VDEP) and 4 Equality (VDEQ) for a Soil Study, Groundwater Study and Sub- West Virginia Avenue. The Town Manager commented that we are continuing to do environmental assessments Drycleaners site, which is in direct proximity to the hotel development. The Town has partnered with the owners of the already done Phase I and Phase II. There were some items of concern in Phase II and allow additional soil and groundwater analyses so that the property can have a clean bill of health should someone want to purchase tear it down and rebuild dictate to the owners, but trying to provide them with the information they need so they can take action on the additional public investment on the hotel property. Council Member Mullins adopt the Resolution as presented was seconded by Vice Mayor McCarty and members voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Adopted Resolution No. 2499 authorizing the Development Assistance Fund (VBAF) grant from the Virginia Resources Authority (VRA), Partn (VDEQ) for a Soil Study, Groundwater Study and Sub-slab Vapor Conditions Study for the West Virginia Avenue The Town Manager commented that one bid was received for the Walnut Avenue Phase I this met with the V Transportation (VDOT) and our engineering consultants and they have recommended that we reject that bid. Several contrac concerns of the schedule due to the getting materials. We will adjust our bid process and re-bid the project in early summer based on a timeline that has been approved by both VDOT and the consultant. With the modifications we are going to make, we believe we will get much closer to the budget. Jamie Hurt, our new Capital Projects Manager, has been working to update our on-call architect and engineer contracts for small design projects Mr. Hurt is also McClung parking lot behind the Farmers’ Market Once the new CIP becomes available on July 1st, 5 work completed and we can get those projects moving forward. Anita Sexton have consultant who will be designing Boulevard and the Pedestrian Crosswalks. The Town Manager next commented that he and Cody Sexton attended a ground breaking for the WVWA digester plant upgrade. The Town did participate in acquiring debt for this upgrade, transfer to the WVWA on July 1st. The Town Manager reminded Council that on June 7th at 10:00 a.m. there will be a tour WVWA Facilities at Carvins Cove followed by a Special Called Council Meeting at 2:00 p.m. He urged citizens to pay close attention to all of the information that will be forthcoming in the mail and concerning the utility transfer. Under reports from Council Committees, Cody Committee met this afternoon at 3:30 p.m. prior to the Council Meeting. the three items that were already approved under the Consent Agenda overview of the proposed FY23 budget. With regard to the March cash on hand is just over $10.2 represents February and another decrease will be expected in April, which are the last two months before our collecting for personal property taxes, real estate taxes and bank stock taxes in May in addition to the Utility collections and once we get to May and June, the cash will pick back up. Restricted cash is at $4.5 million, which is made up mostly of ARPF funds and the investments are at $3.3 million. With regard to the General Fund, revenues are at $356,991 above where we would expect them to be for March, which is the 75% mark for the fiscal year. A more up-to-date projection using current 6 out, we do expect those revenues to continue to run strong through the rest of the year. On the expenditure side, we are running $1,019,853 under budget departments. Several areas wh larger amounts is paving and vacancy savings in Public Works and vacancy savings in Departments In the Utility Fund, the revenues are running strong. We have a billing that is due May 18th and another billing due in June, which is starting to get WVWA the Utility Fund would end in a positive position. The Grant, Capital, and Stormwater Funds are doing well. We will be holding a Public Hearing to amend our FY22 budget at the June 7th approve a Resolution for appropriations of some of funds and expenditure savings to allocate toward programs and to pay off existing debt. Council Member Stovall made a motion to approve the March 31, 2022 Financial Report as presented; the motion was seconded by Council Member Mullins and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Approved the March 2022 Financial Report Council Members commented on the presentation on the proposed FY23 budget. Vice May 22 – 6-9:00 p.m. - Character Extravaganza and on May 28 – 10:00 p.m.-1:00 a.m. – Sip and Skate to 70’s and 80’s – both at Firehouse Skate “N Play. Also, in keeping with promoting a Vinton Restaurant, she commented on Joe Goodpies. The Mayor commented on the budget. He also commented that even though there were some savings through vacancies maintained. adjourn the meeting; the motion was seconded by 7 vote, with all members voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) APPROVED: _________________________________ Bradley E. Grose, Mayor ATTEST: _________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date June 7, 20221 Department Human Resources/Risk Management Issue Proclamation – National Safety Month Summary The National Safety Council recognizes the month of June as National Safety Month. This is the 26th anniversary of National Safety Month. The nation's leading safety advocate for more than 100 years, the National Safety Council is a nonprofit organization with the mission of eliminating preventable deaths at work, in homes and communities, and on the road through leadership, research, education and advocacy. NSC advances this mission by engaging businesses, government agencies, elected officials and the public to help prevent the fourth leading cause of death in the U.S. – preventable injuries. Each week in June is dedicated to a different topic. This year NSC is focusing on musculoskeletal disorders, workplace impairment, injury prevention and slips, trips, and falls. The over-all goal is to bring awareness to complacency, prevent deaths, and stop loved ones and coworkers from becoming a statistic. Studies show three people in the U.S. are killed every ten minutes in preventable incidents. This will be the fifth year of celebration in the Town of Vinton. Attachments Proclamation Recommendations Read Proclamation Town Council Agenda Summary PROCLAMATION WHEREAS, safe and healthy workplaces are vital to our well-being and the economic prosperity of the commonwealth; and WHEREAS, each year, more than 80,000 Virginia workers suffer serious job-related injuries or illnesses and more than 100 Virginia workers die in work-related incidents; and WHEREAS, workplace safety requires the cooperation of all levels of government, business, and industry, as well as the general public; and WHEREAS, implementing health and safety programs can improve Virginia’s business performance and contribute to the local economy and job force; and WHEREAS, workplace injuries lead to increased medical and worker compensation costs, and diminishes productivity of employees; and WHEREAS, accidents and injuries in the workplace are preventable, and employees and employers must be engaged, educated, and aware of safety practices and policies; and WHEREAS, the National Safety Council has designated June as National Safety Month for 2022, and provides resources to promote safety in the workplace, by recognizing hazards, potential slips, trips, and falls, combating fatigue and impairment. NOW, THEREFORE, I, Bradley E. Grose, Mayor of the Town of Vinton, and on behalf of Town Council and all our citizens, do hereby recognize the month of June 2022 as NATIONAL SAFETY MONTH in the Town of Vinton and call upon all citizens and employees of the Town of Vinton to promote good workplace safety and health practices. IN WITNESS WHEREOF, I have set my hand and caused the seal of the Town of Vinton, Virginia to be affixed on this 7th day of June, 2022. Bradley E. Grose, Mayor Meeting Date June 7, 2022 Department Administration Issue Consideration of public comments regarding the proposed FY2022-2023 Town of Vinton Budget Summary This year’s budget represents a balanced budget with an optimistic outlook despite the modest concerns of an elevated inflationary national outlook and the potential for enduring COVID-19 variants. The proposed FY23 Budget for the General Fund totals $10,246,696, which represents an increase of 27.6% or $2,214,438 over the previous fiscal year. The proposed FY23 Budget for all funds totals $17,744,709. RECOMMENDED BUDGET ALLOCATION BY FUND Allocation by fund, as well as a comparison to the previous FY22 budget, is as follows: Adopted FY22 Proposed FY23 $ Variance % Variance Total 13,818,750 17,744,709 3,925,959 28.4% The Notice of this Public Hearing was advertised in The Vinton Messenger on May 19 and May 26, 2022. A more detailed presentation will be given to Council by staff during the Public Hearing. Attachments Power Point Presentation Draft Ordinance Recommendations Conduct Public Hearing Action to be taken on June 21, 2022 Town Council Agenda Summary FY23 Budget Public Hearing Town Council Meeting –June 7, 2022 2 FY2023 BUDGET On June 16, 2020, Town Council approved and ratified the Town of Vinton Strategic Plan for 2020-2025. Preparation of this Budget was guided by the following three goals established in the Strategic Plan: 1.Enhance the Town’s infrastructure and livability 2.Maintain an efficient and high-performing government 3.Ensure the Town’s continued financial viability by actively pursuing quality economic development 3 FY2023 BUDGET Proposed Budget Highlights •Balanced Budget •Investment in Personnel •5.0% Cost of Living Adjustment for all employees •No change to Employee Health Plan Premiums •Continued support for Economic Development Projects •Paid off debt to free up operating budget capacity •Absorb admin costs associated with selling the Utility System •Full allocation for an aggressive Capital Improvement Plan •Fund new positions to fill service delivery gaps •Police (1), Community Programs (1), CIP (1), Econ Dev/PIO (1) •Net Reduction of 4 due to loss of Utility System •Cost Share Budget Reduction w/ Roanoke County (Refuse/E911) 4 FY2023 BUDGET Adopted FY22 Proposed FY23 % Variance General Fund $8,032,258 $10,246,696 27.6% Grant Fund $384,800 $4,208,017 993.6% Utility Fund $4,152364 $0 (100%) Capital Fund $835,000 $2,669,000 219.6% Stormwater Fund $414,328 $620,996 49.9% Total $13,818,750 $17,744,709 28.4% 5 FY2023 BUDGET TOWN OF VINTON FY2023 TOTAL BUDGET General Fund Grant Fund Utility Fund Capital Fund StmWater Fund Total %of Total Expenditures Personnel --32.5% Operating --14.9% Capital 276,323 42.7% Debt --6.6% Transfers ---3.3% Contingency ----- Total Expenditures $620,996 100.00% 6 FY2023 BUDGET Personnel 32% Operating 15% Capital 43% 7%3%0% Personnel Operating Capital Debt Transfers Contingency 7 FY2023 BUDGET *Net Reduction of 4 Staff General Fund 8 9 FY2023 GENERAL FUND REVENUE - 2,000.00 4,000.00 6,000.00 8,000.00 10,000.00 12,000.00 14,000.00 FY18 FY19 FY20 FY21 FY22 Trend FY23 Forecast FY24 Forecast FY25 Forecast FY26 Forecast Th o u s a n d s General Fund Revenues Budget Actual *WVWA Payments FY24 -FY26 10 FY2023 Revenue Summary 11 Expenditure Summary Proposed FY 22-23 % Budget General Administration 1,587,851 Public Safety 2,911,491 Public Works 2,611,432 Special Programs 591,313 Community Development 623,419 Debt Retirement 1,171,674 Performance Agreements 154,720 Retiree Insurance 4,800 Transfers 589,996 10,246,696 * PD / PW Represent 54% of total budget Grant Fund 12 13 14 Capital Fund 15 16 17 18 FY23 Community Blight Abatement & Acquisition 250,000 Mountain View Rd Engineering & Design 150,000 3rd Street Geotech & Review 30,000 Glade Creek Greenway 2b Gap Funding 275,000 Pool Closure /Park Development Phase 1 125,000 War Memorial Audio & Visual Equipment Updates 95,000 Community Programs -Holiday & Banner Décor 45,000 Traffic Signal Improvements, (3) Hardy, Bypass, Vinyard, Niagara 166,000 Virginia/Hardy Traffic Signalization Study 60,000 Walnut Ave Public Parking Construction 350,000 Museum Repairs 15,000 Wood Chipper 52,000 Mini Excavator w/ Trailer 125,000 19 Enclosed PD Firearms Trailer 11,000 Curb, Gutter and Sidewalk Construction-Cleveland 100,000 Gish Mill Utility Connection 40,000 Hotel Site Development 50,000 South Pollard Commercial Development Incentives 125,000 Update Fuel Pump System and Software Public Works Generator Switchgear Stormwater Inventory and Needs Assessment Private Stormwater Repair & Replacement Street Sign Replacement Program Additional Paving Allocation ($1.1M Total) TOTAL Storm Water Fund 20 21 22 Debt Summary 23 24 25 FY2023 BUDGET BUDGET CALENDAR REMAINING JUNE 7, 2022 Public Hearing on FY2023 Proposed Budget JUNE 21, 2022 Adoption of FY2023 Budget Questions? Thank you! 26 PROPOSED ORDINANCE NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, JUNE 21, 2022 AT 6:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. WHEREAS, the Town Charter requires that a budget be adopted by July 1st for the new fiscal year; and WHEREAS, the Council has reviewed the proposed budget and is of the opinion that the Town government can operate for the twelve-month period beginning July 1, 2022 to June 30, 2023, with the revenues and expenditures contained in the attached budget; and WHEREAS, any funds appropriated in this budget to any Town department may be used as participating funds in any Federal Aid Programs for like purposes, with the prior approval of the Town Council. NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Vinton, Virginia, that the budget for the fiscal year beginning July 1, 2022 and ending June 30, 2023 be set forth herein. BE IT FURTHER ORDAINED that this ordinance provides for the daily operation of the department of law and the department of finance, and in an emergency. BE IT FURTHER ORDAINED that this Ordinance takes effect July 1, 2022. This Ordinance adopted on motion made by _____________________ and seconded by _____________________. AYES: NAYS: APPROVED: __________________________________ Bradley E. Grose, Mayor ATTEST: _____________________________________ Susan N. Johnson, CMC, Town Clerk Revenues Total All Funds Total Revenues $17,744,709 Expenditures General Fund: Total General Fund $10,246,696 Grant Fund: Total Grant Fund $4,208,017 Capital Fund: Total Grant Fund $2,669,000 Stormwater Fund Total Stormwater Fund $620,996 Total Combined Expenditures $17,744,709 Meeting Date June 7, 2022 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 for VML 2017 Equipment Lease Purchase payoff, VML 2018 Knuckleboom Lease Purchase payoff, VRA Virginia Water Facilities Revolving Fund GO Bond, street maintenance projects, and projected operational expenditures in the total amount of $1,371,790.38 in the General Fund, Utility Fund, and Capital Fund. Summary As the end of the current fiscal year approaches, staff have been projecting the end-of-year revenues and departmental expenditures. Additionally, the Town recently closed on a new bond for the Town’s payments to the Western Virginia Water Authority for an ongoing capital project at the regional wastewater treatment plant and needs to budget and appropriate those bond proceeds. As a result, utilizing revenue streams that are projected to exceed budget and expenditure accounts that are projected to be under budget in the current FY 2021-2022, Town Staff would recommend amending the budget and appropriating additional funding for VML 2017 Equipment Lease Purchase payoff, VML 2018 Knuckleboom Lease Purchase payoff, VRA Virginia Water Facilities Revolving Fund GO Bond, street maintenance projects, and projected operational expenditures. 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 May 26, 2022. 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, JUNE 7, 2022, AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179. WHEREAS, as the end of the current fiscal year approaches, staff have been projecting the end-of-year revenues and departmental expenditures; and WHEREAS, the Town recently closed on a new bond for the Town’s payments to the Western Virginia Water Authority for an ongoing capital project at the regional wastewater treatment plant and needs to budget and appropriate those bond proceeds; and WHEREAS, utilizing revenue streams that are projected to exceed budget and expenditure accounts that are projected to be under budget in the current FY 2021-2022, Town Staff would recommend amending the budget and appropriating additional funding for VML 2017 Equipment Lease Purchase payoff, VML 2018 Knuckleboom Lease Purchase payoff, VRA Virginia Water Facilities Revolving Fund GO Bond, street maintenance projects, and projected operational expenditures. 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 May 26, 2022. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the transfers as shown on the attached: 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 GENERAL LEDGER GL Account Description Debit Credit 200.25100 Appropriations 619,443.91 200.25000 Estimated Revenue 619,443.91 MOVE FUNDS TO: GL Account Description 200.1100.101 Salaries & Wages 8,000.00 200.1200.101 Salaries & Wages 25,000.00 200.1203.534 Risk Management 6,000.00 200.4101.719 Pavement Striping and Marking 100,000.00 200.4203.304 Maintenance & Repairs Equip 20,000.00 200.4203.548 Gas, Oil, Grease & Antifreeze 5,000.00 200.4206.101 Salaries & Wages 20,000.00 200.4206.304 Maintenance & Repairs Equip 8,000.00 200.7103.305 Maintenance Service Contract 18,000.00 200.8800.931 2017 Lease Purchase Principle 349,584.50 200.8800.933 2018 VML Knuckleboom Principle 87,859.41 200.9950.905 Transfer to Capital Fund 200,000.00 847,443.91 MOVE FUNDS FROM: GL Account Description 200.1103.001 Current Personal Prop. Taxes 200,000.00 200.1203.001 Contracting 26,000.00 200.1203.002 Retail Sales 34,000.00 200.1203.004 Repairs, Personal & Bus. Ser.51,000.00 200.1203.006 Miscellaneous 26,000.00 200.1205.002 Vehicle License Fee 10,000.00 200.1206.001 Bank Stock Taxes 69,082.00 200.1207.001 Pari-Mutuel Tax 94,192.91 200.1211.001 Prepared Food Tax 100,000.00 200.1212.001 Cigarette Tax 11,169.00 200.1401.001 Court Fines & Forfeitures 13,000.00 200.1614.001 WM Hall Income 20,000.00 654,443.91 200.1214.101 Salaries & Wages 15,000.00 200.3101.101 Salaries & Wages 100,000.00 200.3101.201 SS/Medicare 10,000.00 200.3101.202 Retirement Contribution - VRS 10,000.00 200.4101.101 Salaries & Wages 28,000.00 200.4101.205 Medical Insurance 30,000.00 193,000.00 GENERAL LEDGER GL Account Description Debit Credit 300.25100 Appropriations 324,346.47 300.25000 Estimated Revenue 324,346.47 MOVE FUNDS TO: GL Account Description 300.9500.726 Regional WWTP - Upgrade 324,346.47 MOVE FUNDS FROM: GL Account Description 300.1899.015 Proceeds - 2021 VRA Loan 324,346.47 GENERAL LEDGER GL Account Description Debit Credit 400.25100 Appropriations 200,000.00 400.25000 Estimated Revenue 200,000.00 MOVE FUNDS TO: GL Account Description 400.4101.701 Mountain View Road Improvements 100,000.00 400.4101.799 Capital Outlay 100,000.00 200,000.00 MOVE FUNDS FROM: GL Account Description 400.4105.001 Transfer from General Fund 200,000.00 BUDGET TRANSFERS - COUNCIL ACTION ITEM - JUNE 7, 2022 GENERAL FUND UTILITY FUND CAPITAL FUND Meeting Date June 7, 2022 Department Administration Issue Consider adoption of a Resolution authorizing the Town Manager to execute a Grant Subrecipient between the Town of Vinton and the Western Virginia Water Authority for the award of ARPA Funds to the Authority in the amount of up to $5.7 million Summary Council at their meeting on December 7, 2021 adopted Resolution No. 2468 certifying its intention to have formal discussions with the Western Virginia Water Authority (the “Authority”) regarding the Authority’s ownership and operation of the Town’s public water distribution and treatment system and the sanitary sewer collection system. The Western Virginia Water Authority Board at their meeting on April 21, 2022 adopted Resolution No. 445 approving a Transfer Agreement and Council at their special called meeting on June 7, 2022 adopted Resolution No. ____ approving said Transfer Agreement. As a part of the transfer of the Town’s water and sanitary sewer system to the Authority, the Town has agreed to award $5,700,000 from its allotment of ARPA funding (the “ARPA Funds”) to the Authority, as a subrecipient, and the Authority has agreed to use those ARPA Funds, after July 1, 2022, to make water and sewer infrastructure improvements in the area currently serviced by the Town’s water and wastewater system that are eligible for using ARPA Funds. All parties have negotiated a Grant Subrecipient Agreement and Town staff recommends that the Grant Subrecipient Agreement be executed to formalize said agreement between the parties with an effective date of July 1, 2022. Council will be provided a copy of the Grant Subrecipient Agreement prior to the meeting. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary 1 RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, JUNE 7, 2022, AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179. WHEREAS, Vinton Town Council at their meeting on December 7, 2021 adopted Resolution No. 2468 certifying its intention to have formal discussions with the Western Virginia Water Authority (the “Authority”) regarding the Authority’s ownership and operation of the Town’s public water distribution and treatment system and the sanitary sewer collection system; and WHEREAS, the Western Virginia Water Authority Board at their meeting on April 21, 2022 adopted Resolution No. 445 approving a Transfer Agreement and Vinton Town Council at their special called meeting on June 7, 2022 adopted Resolution No. ____ approving said Transfer Agreement; and WHEREAS, as a part of the transfer of the Town’s water and sanitary sewer system to the Authority, the Town has agreed to award $5,700,000 from its allotment of ARPA funding (the “ARPA Funds”) to the Authority, as a subrecipient, and the Authority has agreed to use those ARPA Funds, after July 1, 2022, to make water and sewer infrastructure improvements in the area currently serviced by the Town’s water and wastewater system that are eligible for using ARPA Funds; and WHEREAS, the Executive Director of the Authority and Staff, the Town Manager and Staff along with their respective attorneys have negotiated a Grant Subrecipient Agreement and Town staff recommends that the Grant Subrecipient Agreement be executed to formalize said agreement between the parties with an effective date of July 1, 2022. NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE TOWN OF VINTON, VIRGINIA, AS FOLLOWS: 1. The Grant Subrecipient Agreement is hereby approved in a form substantially similar to the one presented to Council and approved by the Town Attorney; and 2. The Town Manager is hereby authorized, for and on behalf of the Town, to execute the Grant Subrecipient Agreement and to take all such further action as may be necessary in connection with any other necessary documents in furtherance of the same. This Resolution was adopted by motion made by Council Member , seconded by Council Member , with the following votes recorded: 2 AYES: NAYS: APPROVED: Bradley E. Grose, Mayor ATTEST: ______ Susan N. Johnson, CMC, Town Clerk Meeting Date June 7, 2022 Department Planning and Zoning Issue Consider adoption of a Resolution authorizing the Town Manager to execute a Public Right-of-Way Development and Maintenance Agreement between Greenway Construction, Inc. and the Town of Vinton for access to two properties owned by Greenway Construction, Inc. – 1323 and 1325 Duke Drive, from an undeveloped public right-of-way, extending from Duke Drive along the western boundary of the two properties. Summary On January 19, 2022, Mr. Greenway, of Greenway Construction, Inc., contacted Town staff regarding the buildability of a vacant parcel (1323 Duke Drive) and accessibility to the parcel. In February 2022, Mr. Tim Greenway, purchased two properties; which included an existing structure and the vacant parcel. It is noted that the existing structure located at 1325 Duke Drive and the vacant parcel (1323 Duke Drive) front an undeveloped right-of-way that extends from Duke Drive. The Public Right-of-Way Development and Maintenance Agreement will authorize access for the two properties and will serve as the instrument to permanently record the conditions associated with the authorization. Terms of the agreement include: it will be incumbent of owner(s) to make all necessary improvements to utilize the undeveloped right-of-way to access the parcels; the Town will not accept the road in to the Town’s road system; the Town will not be responsible to maintain the road or any future improvements to the road; the owner(s) will be responsible for snow removal; and the owner(s) will be responsible for placing and collecting refuse carts at the intersection of the undeveloped right-of- way and Duke Drive as necessary for refuse collection provided by the Town. Attachments 1323 and 1325 Duke Drive Aerial Map Plat Book 3, Page 95, Dated December 5, 1955 Deed Book 832, Page 42 to Page 45 Public Right of Way Development and Maintenance Agreement Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary Roanoke County, Va 2022, Roanoke County, Source: Esri, Maxar, EarthstarGeographics, and the GIS User Community07014035Feet Date: 6/1/2022 ² 1325 and 1323 DukeDrive Disclaimer: It is understood that the data displayedthrough this application is subject to constant changeand that its accuracy cannot be guaranteed. Themaps have been created from information providedby various government and private sources at variouslevels of accuracy. The data is provided to you as is;with no warranty, representation or guaranty as to thecontent, sequence, accuracy, timeliness orcompleteness of any of theinformation providedherein. It is theresponsibility of the user ofthe data to be aware of thedata’s limitations and toutilize the data in anappropriate manner. 1:1,128 {00468063.DOCX } Page 1 of 6 PUBLIC RIGHT-OF-WAY DEVELOPMENT AND MAINTENANCE AGREEMENT THIS PUBLIC RIGHT-OF-WAY DEVELOPMENT AND MAINTENANCE AGREEMENT (the "Agreement") is made and entered into this ___ of June, 2022, by and between GREENWAY CONSTRUCTION, INC. (the "Owner") and the TOWN COUNCIL OF THE TOWN OF VINTON, its successors or assigns (the "Town"). W I T N E S S E T H WHEREAS, Owner owns those parcels of land designated in the land records of Roanoke County as Tax Map Nos. 061.18-01-03.00-0000 and 061.18-01-02.00-000, which parcels also are referred to as 1325 Duke Drive and 1323 Duke Drive, respectively, in the Town of Vinton (collectively, the "Properties"); and WHEREAS, the Properties are located in Town of Vinton and Roanoke County; and WHEREAS, the only access to the Properties is over an undeveloped public right-of-way, extending from the developed portion of Duke Drive along the northwestern boundary of the Properties; and WHEREAS, the undeveloped public right-of-way is shown and more particularly described on the Plat recorded at Plat Book 3, Page 195, dated December 5, 1955 ("Plat"), and the Deed recorded at Deed Book 832, Pages 42 to Page 45, dated June 14, 1967 ("Deed"), with the portion of the undeveloped public right-of-way that is the subject of this Agreement being the strip of land located adjacent to the Properties to the northwest of Lot 6, Block 2, Ridgevue Map No. 1 (which is 1325 Duke Drive) and to the northwest of the 0.305 acre parcel that is the northeast portion of Tract A, Block 2, Ridgevue Map No. 1 (which is 1323 Duke Drive) (The Plat and Deed are attached hereto and incorporated herein by reference); and WHEREAS, this public right-of-way is unimproved and has not been accepted into the {00468063.DOCX } Page 2 of 6 road system by the Town of Vinton; and WHEREAS, this public right-of-way was originally dedicated to Town of Vinton for future use as a connecting street to the Properties and to the parcel that is the southeast portion of Tract A, Block 2, Ridgevue Map No. 1 (which does not currently have a street address); and WHEREAS, the Town of Vinton has no plan to develop and maintain the undeveloped public right-of-way, nor does it have any plan to vacate the undeveloped public right-of-way; and WHEREAS, the Owner has purchased the Properties and has requested authorization to develop an access to the Properties; and WHEREAS, the Town has agreed to authorize the Owner to develop an access to the Properties in accordance with the covenants and conditions in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, conditions, and agreements contained herein, the parties hereby agree as follows: 1. The Owner will develop the public right-of-way in accordance with reasonable design and construction standards; provided, however, the parties agree that the right-of-way need not be developed to meet Virginia Department of Transportation ("VDOT") standards. The Owner's development obligation under this Agreement begins at the point where the developed portion of Duke Drive currently ends and runs along the western boundary of the Properties to the southwest corner of the parcel identified as Tax Map No. 061.18-01-02.00-000, which parcel is also referred to as 1323 Duke Drive. The Owner will be responsible for all costs of developing the entire length of the public right-of-way in accordance with the development obligation in this Section. The Town will not accept the public right-of-way into the Town’s road system. 2. The Owner will maintain the entire length of the public right-of-way subject to the development obligation in Section 1 in good repair and condition and shall be solely responsible for all costs associated with the repair and maintenance of the public right-of-way. Without {00468063.DOCX } Page 3 of 6 limiting the foregoing general maintenance and repair obligation, the Owner will be responsible for snow removal to the extent necessary for its own use. 3. The Town will pick up the Owner's trash along the developed portion of Duke Drive near its intersection with the public right-of-way being developed by the Owner under Section 1 of this Agreement. The Town will not extend trash collection services down the public right-of- way. The Owner will place the trash receptacles at locations established by the Vinton Public Works Department. The Owner will be responsible for placing and then retrieving trash receptacles in accordance with the Town’s trash collection schedule and regulations. 4. In the event that the Town should authorize any additional property owner(s) to use the public right-of-way to access their property, the Owner will negotiate in good faith with such additional property owner(s) to enter into a road maintenance agreement with such additional property owner(s) to allocate responsibilities for repair and maintenance costs related to the public right-of-way. 5. The Owner hereby releases, waives and forever discharges the Town, and will indemnify, defend, and hold harmless the Town, and its council members, agents, servants, employees, successors or assigns, from and against any and all liability, loss, claims, demands, damages, expenses, or actions and causes of action whatsoever, either legal or equitable, whether known or unknown, including court costs and reasonable attorneys' fees, and further including any environmental contamination, as a result of any claim of liability, damage, loss, injury or death to any person, animal, or property arising from, related to or in any way connected to the public right- of-way or the development, repair, maintenance and/or use of the public right-of-way. This paragraph 5 does not apply to any action solely caused by the negligence or gross negligence of the Town, its agents, servants, employees, successors or assigns. 6. This Agreement provides Owner no greater access or use rights over the public {00468063.DOCX } Page 4 of 6 right-of-way than allowed to the general public. For the avoidance of doubt, the general public shall have the same rights to access and use the public right-of-way as the Owner. Likewise, the owner(s) and/or occupant(s) of the parcel that is the southeast portion of Tract A, Block 2, Ridgevue Map No. 1 (which does not currently have a street address) have the same right to access and use the public right-of-way. 7. If Owner fails to maintain the public right-of-way in good condition and repair, then the Town may terminate this Agreement and close the public right-of-way. 8. This Agreement may be transferred or assigned to subsequent owners of the Properties, subject at all times to the terms of this Agreement. Upon Owner's transfer or conveyance of said Properties, Owner will be released from any further rights or obligations under this Agreement, provided that the subsequent owner of the Properties enters into a substantially similar agreement with the Town for continued maintenance of the public right-of-way. The parties agree that this Agreement may be placed on record in the Roanoke County Circuit Court Clerk's Office, with the party recording the document paying any costs associated therewith. 9. This Agreement may be terminated by either party, for any reason, by giving written notice to the other party at least 90 days prior to the effective date of such termination and placing such notice on record among the land records in the Roanoke County Circuit Court Clerk's Office. BY EXECUTION HEREOF, THE OWNER REPRESENTS AND WARRANTS THAT IT OWNS THE PROPERTIES AND THAT ITS AGENTS AND OFFICERS HAVE READ THE FOREGOING AGREEMENT, AND THAT THEY FULLY UNDERSTAND IT, AND THEY HAVE TAKEN THE APPROPRIATE MEASURES TO AUTHORIZE THE EXECUTION OF THIS AGREEMENT. {00468063.DOCX } Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year indicated below. Greenway Construction, Inc. (SEAL) By: Its: COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF ROANOKE, to-wit: The foregoing instrument was acknowledged before me this day of , 2022, by , in his/her capacity as , on behalf of Greenway Construction, Inc. Notary Public ______________________ Registration Number My commission expires: _______________________________ TOWN COUNCIL OF TOWN OF VINTON, VIRGINIA (SEAL) By: Richard W. Peters, Jr. Its: Town Manager COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF ROANOKE, to-wit: The foregoing instrument was acknowledged before me this day of , 2022, by Richard W. Peters, Jr., Town Manager, on behalf of the Town Council of Town of Vinton, Virginia. __________________________________________ Notary Public Registration Number My commission expires: ________________ {00468063.DOCX } Page 6 of 6 Approved as to Form: Jeremy E. Carroll Town Attorney 1 RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, JUNE 7, 2022, AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, LOCATED AT 3ll S. POLLARD STREET, VINTON, VIRGINIA WHEREAS, on January 19, 2022, Timothy Greenway DBA Greenway Construction, Inc., contacted Staff concerning the buildability of a vacant parcel for a single-family dwelling, identified as Tax Map Number 061.18-01-02.00-0000, 1323 Duke Drive, that does not have an adequate road frontage; and WHEREAS, Staff informed Mr. Greenway that further research indicates that the parcel meets the definition of a “nonconforming lot of record” that permits development of the parcel for a single-family dwelling with other conditions to be met; and WHEREAS, Mr. Greenway also purchased an existing single-family dwelling located at 1325 Duke Drive, identified as Tax Map Number 061.18-01-03.00-0000; located to the north of this vacant parcel; and WHEREAS, the only access to the properties is over an undeveloped right-of-way, extending from Duke Drive along the western boundary of the properties; and WHEREAS, this public right-of-way is unimproved and has not been accepted into the road system by the Town of Vinton; and WHEREAS, this public right-of-way was originally dedicated to Town of Vinton for future use as a connecting street to the Properties; and WHEREAS, the Mr. Greenway has accordingly requested authorization to use the unimproved right-of-way for access and driveway to the property; and WHEREAS, the Town has agreed to authorize such access in accordance with the covenants and conditions as stated in the Public Right-of-Way Development and Maintenance Agreement. NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE TOWN OF VINTON, VIRGINIA, AS FOLLOWS: 1. The Agreement 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 Agreement and any other necessary documents in furtherance of the same. This Resolution adopted on motion made by __________________, seconded by ______________, with the following votes recorded: 2 AYES: NAYS: APPROVED: ____________________________________ Bradley E. Grose, Mayor ATTEST: ______________________________________ Susan N. Johnson, CMC, Town Clerk