HomeMy WebLinkAbout3/3/2020 - Regular1
Vinton Town Council
Regular Meeting
Council Chambers
311 South Pollard Street
Tuesday, March 3, 2020
AGENDA
Consideration of:
A. 7:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM
B. MOMENT OF SILENCE
C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG
D. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS
E. UPCOMING COMMUNITY EVENTS/ANNOUNCEMENTS
F. CONSENT AGENDA
1. Consider approval of the minutes of the Regular Council meeting of February 18,
2020.
G. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS
H. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and
questions for issues not listed on the agenda.
I. TOWN ATTORNEY
J. TOWN MANAGER
1. BRIEFINGS
a. Briefing on a Quarterly Report for the EPA Community-wide Brownfield’s
Assessment Grant – Pete Peters/Lori Kroll, Draper Aden & Associates
b. Briefing on the Notice of Invitation for Bids (IFB) for the construction of the
Glade Creek Greenway Phase 2A and Intent to Award – Anita McMillan
Keith N. Liles, Vice Mayor
Sabrina McCarty, Council Member
Janet Scheid, Council Member
Michael W. Stovall, Council Member
311 South Pollard Street
Vinton, VA 24179
(540) 983-0607
2
2. ITEMS REQUIRING ACTION
a. Consider adoption of a Resolution approving the 2020-2021 operating
budget for the Roanoke Valley Regional Cable Television Committee –
Elaine Bays-Murphy
b. Consider adoption of a Resolution adopting Title VI of the Civil Rights Act
Implementation Plan - Anita McMillan
3. COMMENTS/UPDATES
K. REPORTS FROM COUNCIL COMMITTEES
1. Public Works Committee
L. MAYOR
M. COUNCIL
N. ADJOURNMENT
NEXT TOWN COUNCIL/COMMITTEE MEETINGS:
March 17, 2020 – 7:00 p.m. – Council Meeting - Council Chambers
NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT.
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
Meeting Date
March 3, 2020
Department
Town Clerk
Issue
Consider approval of the minutes of the Regular Council meeting of February 18, 2020
Summary
None
Attachments
February 18, 2020 minutes
Recommendations
Motion to approve minutes
Town Council
Agenda Summary
1
MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M.
ON TUESDAY, FEBRUARY 18, 2020, IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA
MEMBERS PRESENT: Bradley E. Grose, Mayor
Keith N. Liles, Vice Mayor
Sabrina McCarty
Janet Scheid
Michael W. Stovall
STAFF PRESENT: Barry W. Thompson, Town Manager
Susan N. Johnson, Executive Assistant/Town Clerk
Jeremy Carroll, Town Attorney
Pete Peters, Assistant Town Manager/Director of Economic
Development
Anne Cantrell, Finance Director/Treasurer
Tom Foster, Police Chief
Anita McMillan, Planning & Zoning Director
Joey Hiner, Public Works Director
Nathan McClung, Principal Planner
at 7:00 p.m. The Town Clerk called the roll with
Council Member McCarty,
Scheid, Council Member Stovall, Vice Mayor Liles
and Mayor Grose present.
Roll call
After a Moment of Silence, Melissa Mullins led
the Pledge of Allegiance to the U.S. Flag.
Under upcoming community events, Council
Member McCarty
February 21 – 8:00 a.m.-5:00 p.m. - Council
Retreat – War Memorial; March 2 – 7:00-9:00 p.m.
– WFJX Election Reception –
March 11 – 12:00-1:00 p.m. –
Lunch N Learn –
March 24 – 10:00 a.m.-2:00 p.m. – Senior Expo –
War Memorial and May 16 – 1:00-6:00 p.m. -
Vinton Chamber Grapes & Grain Festival – War
Memorial.
Council Member Stovall made a motion to
approve the Consent Agenda as presented
motion was seconded by Council Member Scheid
and carried by the following vote, with all members
voting: Vote 5-0; Yeas (5) – McCarty, Scheid,
Stovall, Liles, Grose; Nays (0) – None.
Approved minutes of the Regular Council
meeting of January 21, 2020; adopted
Resolution No. 2341 appropriating funds in
the amount of $1,230.56 received for scrap
metal to the Public Works budget; adopted
Resolution No. 2342 appropriating funds in
2
an insurance claim made on a Town
Vehicle involved in an accident
The next item on the agenda was the
c
community development and housing ne
(CDBG) funding for a project in our community. The
Mayor opened the Public Hearing at 7:04 p.m.
Pete Peters first commented that for approximately
develo
DHCD to develop a community-
program, primarily focused on housing and we are
and Engineering, who has been assisting the Town
with the design. Ms. Jonas first commented that
this was
Public Hearing would be held in a month. She next
presented a PowerPoint presentation, which was a
part of the agenda package and
record.
purchased and the houses were demolished would
would they be just for rehab. Ms. Jonas responded
production if there was a documented need.
shown of the project area.
that information would be released at the second
Public Hearing because this is a formalized process
first Public Hearing. At the second Public Hearing,
any feedback will be incorporated into the final
design and released at the second Public Hearing
on March 17th.
expressed her concerns that the date of the second
drafted and by the time Council and the public gets
to see that information, it is really too late.
Council
community surveys were
there were approximately 50 surveys returned. He
Public Hearing Opened
3
question that the Management Team had been
meeting for about a year and their primarily
discussion involved
blocks of Cedar and Cleveland. However, a
result of information provided tonight, that could be
adjusted before the application is submitted.
we intend to apply for is between $1-1.5 million and
Ms. Jonas responded that was correct.
Mr. Peters commented that one comment has been
neighboring community, which will be placed in the
file and her suggestions incorporated into the final
application. The comment was positive in support
of the
improvements.
was closed at 7:21 p.m.
taken on the Grant at the March 17, 2020 meeting.
Mr. Peters commented that he would send Council
Members some follow-up information
of the Management Team that has taken place over
feedback on the specific work area.
Council Member Sche
this process has been going on for several years
and
interest to Council to improving the housing stock.
Public Hearing closed
The next item on the agenda was a briefing on
the 2020 Roanoke County Real Estate
Reassessment. Ken
Estate Valuation Director, presented a PowerPoint
package and is on file in the Town Clerk’s Office as
a part of the permanent record.
commented that with
Price History-Single Family Residential, the figures
For the Town, the median sales price is
approximately $150,000.00. In closing, Mr. Fay
4
Council Member Scheid asked if the Median Sales
Price for Single Family Residential of $215,000
included Vinton. Mr. Fay responded that it did
percentage
the same as the County percentage-wise.
The next item on the agenda was a briefing on
the Small Cell Infrastructure Design Guidelines.
briefed at their November 5, 2019 meeting by Town
Communications’
rights-of-way and town-
facilities. Subsequently, at the December 3, 2019
meeting, the bid opening was held and only one bid
was received from Cox Communications. Council
was also briefed at that meeting
amendments to the Town
Ordinance in order to
Federal Communications Commission
requirements.
control anymore on
allow small cells by right or review through the site
plan development review process.
Ms. McMillan further commented on Council’s
concerns on the use of
downtown. At the December 17, 2019 Joint Public
H
Telecommunications Ordinance was adopted and
Council directed staff to come up with some Design
Guidelines, which were a part of the agenda
package. The Guidelines will be reviewed by the
Planning Commission at a Work Session on March
5th. Ms. McMillan next commented on several
sections in the Guidelines draft. Council Member
Scheid commented that she was pleased to see the
language in Section 3.2 that the co-location on the
discouraged.
The next item on the agenda was a briefing on
Plan. Anita McMillan first commented that the Town
has received federal-funds for several projects such
as the Glade Creek Greenway Phase 2A, hopefully
5
and Pedestrian improvement Project. Through the
certification program, we were
other loc
Title VI of the Civil Rights Act Implementation Plan
in place. In November of last year, VDOT Salem
District provided the localities with a sample Plan
and the majority of this draft came from that sample
The Roanoke Valley-
Commission adopted a similar Plan in November.
Ms. McMillan next commented that she had met
with a VDOT representative and f
meets all of their checklists. If Council or staff has
proposed, she will be glad to answer any questions
or make revisions. If any changes are made to this
draft, it has to be sent back to VDOT before it can
be adopted by Council.
Council Member Scheid asked if once this Plan is
adopted is it good for a certain period of time. Ms.
McMillan responded that an annual submittal has to
be done if we receive a complaint or have a meeting
requiring a NEPA
Protection Agency) document. Since the Walnut
Avenue project has a DBE goal of four percent, she
been made to the DBE firm. Once the Glade Creek
Greenway Phase 2A project begins, another report
will have to be
meeting the same DBE requirements
project. The Town Manager commented that once
the Plan is adopted by Council, it will not have to be
re-adopted unless there are changes in the law.
The next item on the agenda was to consider
records to a permanent file. Anne Cantrell
commented
collect these taxes. The department does collection
through the State debt-set-
very successful and in the case of
amounts they
the past years. We are asking to write-off
$6,496.13 in Personal Property taxes
6
Vehicle License Fees is $11,826.33 and that
collection rate is 92.88%.
Council Member McCarty
approve the Resolution as presented
was seconded by Vice Mayor Liles and carried by
the following vote, with all members voting: Vote 5-
0; Yeas (5) – McCarty, Scheid, Stovall, Liles, Grose;
Nays (0) – None.
Adopted Resolution No. 2343 allowing the
Town Treasurer/Finance Director to remove
taxes and Vehicle License Fees over five
years old from the active
permanent file
The next item on the agenda was to consider
water and sewer delinquent bills over five years old
from the active records to a permanent file. Anne
Cantrell commented that the State does not require
these bills to be written off, but we do because if we
impossible to collect. Th
individuals
difficult to collect. We do keep a record in case they
collect. The total write-off is $10,721.71, which is
less than what we wrote off last year. The billing for
that year was over $3 million with a collection rate
of over 99%.
Vice Mayor Liles made a motion to
Resolution as presented; the motion was seconded
by Council Member McCarty
following vote, with all members voting: Vote 5-0;
Yeas (5) –
Nays (0) – None.
Adopted Resolution No. 2344 allowing the
Town Treasurer/Finance Director to remove
outstanding
records to a permanent file
The next item on the agenda was to consider
adoption of
Understanding (MOU) between the Roanoke
County Treasurer’s Office and the Town of Vinton
for the issuance of Roanoke County animal tags in
the Town Treasurer’s Office.
Finance Committee and Council was briefed at their
January 21, 2020 meeting. Even though the MOU
is not enacted yet, it is already be
close to 100 tags have been issued since January.
Council Member Scheid
that better serves our citizens.
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Council Member Scheid made a motion to adopt
the Resolution as presented
seconded by Council Member Stovall
by the following vote, with all members voting: Vote
5-0; Yeas (5) – McCarty, Scheid, Stovall, Liles,
Grose; Nays (0) – None.
the Roanoke County Treasurer’s Office and
Roanoke County animal tags in the Town
The Town Manager commented that at the
Council Retreat on Friday, staff will be making a
This is based on a request from
Stovall to see if any improvements could be made
before we get to the Revenue Sharing Project due
to comments being made from citizens
condition of the road. The other presentation will be
Road intersection. We want to bring Council up to
date on what the issue is, how we can improve it
and
budget. Council Member Stovall
Vice Mayor Liles commented that he appreciated
the Town Manager looking into the
Clearview/Hardy Road intersection.
The Town Manager next commented that on
January 21, 2020 he asked Council to allow him to
plans for the future. He then read a letter
announcing his retirement date of January 1, 2021.
Under reports from Council Committees, Anne
Cantrell reviewed a PowerPoint presentation, which
was given to Council at the meeting and will be on
permanent record.
County Veteran’s Monument, staff has reviewed at
in fund balance and not dedicated to the Veteran’s
Monument. The Finance Committee is requesting
Council to authorize the funds to
restricted fund account for the Monument.
Council Member Scheid made a motion to approve
the December 2019 Financial Report; t
was seconded by Vice Mayor Liles and carried by
the following vote, with all members voting: Vote 5-
0; Yeas (5) – McCarty, Scheid, Stovall, Liles, Grose;
Approved the December
8
Council Member Scheid made a motion to
authorize the Finance
Ground Monument
Vice Mayor Liles and carried by the following vote,
with all members voting: Vote 5-0; Yeas (5) –
McCarty, Scheid, Stovall, Liles, Grose; Nays (0) –
None.
Director/Treasurer to
restricted account for the Vinton Veteran's
High Ground Monument
The Mayor made comments regarding the
retirement announcement from the Town Manager.
announcing that he would be seeking re-election for
recent passing of Doug Adams.
At the request of the Mayor, Pete Peters
announced that the Ironman Competition would be
in the Roanoke Valley on June 7th
commented on each component of the competition
and that part of the bike component will go through
Vinton. More information will be forthcoming.
Comments from Council: Council Member
Stovall commented
Manager and the Police Chief, two big positions that
will soon have to be filled. He also commented that
he is glad to be part of a great team and is looking
commented on the Town Manager’s retirement and
that she helped to hire both the Town Manager and
She next commented that
wonderful man and she missed
especially with Public Safety issues. Council
Member Scheid next commented that Clean Valley
Day is coming up on April 4th and since several will
be out-of-town on that day, she would like to move
the Town pick-up to March 28th and Council was in
agreement. Council Member McCarty commented
that she too would miss Doug Adams very much
and he
for Town Council. She will be envious of the Town
Manager
does. Vice Mayor Liles congratulated
Manager. He next made
announced formally that he would be seeking re-
election to Town Council. He also made comments
9
Vice Mayor Liles made a motion to adjourn the
meeting; the motion was seconded
Member Scheid
with all members voting: Vote 5-0; Yeas (5) –
McCarty, Scheid, Stovall, Liles, Grose; Nays (0) –
APPROVED:
________________________________
Bradley E. Grose, Mayor
ATTEST:
______________________________
Susan N. Johnson, CMC, Town Clerk
Meeting Date
March 3, 2020
Department
Administration
Issue
Briefing on a Quarterly Report for the EPA Community-wide Brownfield’s Assessment Grant
Summary
The Town of Vinton contracted with Draper Aden & Associates in November of 2019 as our
consultant for the $300,000 EPA Community-Wide Brownfields Assessment Grant. Staff and
Draper Aden kicked off the initial tasks associated with getting the grant underway and would like
to provide an update on progress made to date and provide an account of work that will take place
over the next several months.
As background, the purpose of this grant program is to evaluate unused or underused (a/k/a,
brownfields) sites throughout the Town in need of revitalization, particularly the primary
commercial corridors (Washington Avenue / Route 24, Virginia Avenue / Hardy Road, Walnut
Avenue and Pollard Street), in hopes of kick-starting redevelopment of these areas.
Successful grant applications include strong community involvement programs and input from
multiple stakeholders. Staff has already held an initial public stakeholder meeting and hopes that
the initial strategic planning group will continue a role with the Town as a Brownfields
Redevelopment Advisory Group to steer the efforts under this program.
Lori Kroll, with Draper Aden & Associates, will present a power-point presentation with more
details about the program and be available for questions.
Attachments
Program Overview
PowerPoint Presentation
Recommendations
No action required
Town Council
Agenda Summary
EPA BROWNFIELDS ASSESSMENT GRANT
Town of Vinton Council Briefing
March 3, 2020
In October 2019, the Town of Vinton was awarded
its 1st EPA Brownfields Assessment Grant. This
grant fund, overseen by EPA’s Brownfields and
Land Revitalization Branch, is a 20-year plus
program that has been instrumental in revitalizing
communities across the nation. The purpose of
the program is to return vacant or underutilized
properties to productive reuse by providing funds
for initial assessments and planning that will serve
to incentivize investment and jumpstart
redevelopment and revitalization.
Vinton received a total of $300,000 for sites potentially impacted by both hazardous substances
and petroleum. Activities covered by the funding include direct costs associated with:
• Cooperative agreement administration and required federal reporting, including
a travel budget for Town staff to attend national, regional and state brownfields,
housing or economic development conferences
• Community engagement, including targeted, site specific efforts as well as
broader community education about the program and its benefits
• Brownfields inventory, including initial site characterization, prioritization, access
coordination, eligibility determinations, etc.
• Environmental Site Assessments (ESAs), including Phase I (~8) and Phase II ESAs
(~3), asbestos / lead based paint assessments, geophysical studies, etc., along
with associated work plans required by the program
• Planning for site remediation and/or redevelopment, which can include a target
area or site-specific planning, such as feasibility studies, cost estimating, master
plans, concept plans, etc.
No direct match is required for this grant. Grantees provide in-kind services toward grant
oversight and contract with a qualified environmental consultant to carry out most of the
administrative and technical aspects of the program. EPA funds have also been successfully
used as match funding for other state and federal programs for which the Town is deemed
eligible.
The current 3-year grant cycle will end September 30, 2022, but many grantees have seen great
success in maintaining funding for many years with multiple grants.
EPA COMMUNITY-WIDE
BROWNFIELDS ASSESSMENT GRANT
FY 2020 –2022
About Draper Aden
Associates
What is a Brownfield?
About US EPA
Brownfields Grant
What Have We Done
So Far?
Overview
Draper Aden Associates
Multi-Discipline
Consulting Firm
Blacksburg,
Charlottesville,
Richmond, Manassas,
Newport News, and
Virginia Beach, VA
Raleigh and
Fayetteville, NC
46 Years of Experience
Aerial Services Construction Admin and
Materials Testing
Environmental Services
Geotechnical and
Geophysical
Site/Civil Engineering Structural Engineering
Surveying Utilities Engineering Utility Locating and
Mapping
EPA Brownfields Grant
Town of Vinton
Awarded October 2019
$300,000
3-Year Grant Cycle
No Match Required
What is a brownfield?
Real property with possibilities for
Expansion
Redevelopment
Reuse
Potential or perceived
presence of
Hazardous
Materials
Pollutants
Contaminants
Petroleum
Products
Perceptions can cloud the possibilities…
EPA Brownfields Grant
How can the
money be used?
GrantAdministration
CommunityEngagement
Inventory andPrioritization
Phase I ESA
Phase II ESA
Asbestos
Lead Based Paint
Structural
Geophysical
Habitat/Species
Historic Resources
Other
Environmental Assessments
Community Visioning
Area Master Plans
Cost Estimating
Remediation Planning
Marketing Studies
Feasibility Analyses
Economic Impact Studies
Other
Conceptual
Streetscape Plan
Princeton, NC
Renewal Planning
Former General Chemical
Foundry Site
Pulaski, VA
RemediationPlanning
Leveraging forRenewal
Virginia Tech Carilion
School of Medicine & Research Institute
Roanoke, Virginia
Leveraging forRenewal
What have we done so far?
2020-2022 Grant$300,000
•Signed contract with Town of Vinton
•Kick-Off Meeting
•Created Inventory
•Submitted 2 Property Approval Questionnaires (PAQs)(1 approved by EPA)
•Submitted required Quality Assurance Project Plan (QAPP)
•Compiled list of potential members for Brownfields Redevelopment Advisory Group (BRAG)
Inventory andPrioritization
Thank You
Questions?
Meeting Date
March 3, 2020
Department
Planning and Zoning
Issue
Briefing on the Notice of Invitation for Bids (IFB) for the construction of the Glade Creek Greenway
Phase 2A and Intent to Award.
Summary
With the first Invitation for Bids (IFB) that was advertised in The Roanoke Times on two consecutive
Sundays, November 10 and 17, 2019, the Town received eight (8) bids. However, the lowest bid
($468,936.00) did not meet the responsible and responsive requirements. The second lowest and
responsive bid was $545,475.00, which is 37% more than the estimated project cost of $396,093.91.
Virginia Department of Transportation (VDOT) federally funded projects require rebidding, if the
received bids were 10% above the project estimated cost.
The Project’s IFB was re-advertised in The Roanoke Times on January 12, and 19, 2020. Three IFB
were received prior to bid opening on Tuesday, February 11, 2020, as follows:
Contractor’s Name Total
1. Combs Land Solutions, LLC, DBA Summit Contracting $432,361.00
2. Holt, Inc. $491,810.25
3. S.C. Rossi & Company, Inc. $554,043.00
Combs Land Solutions, LLC, DBA Summit Contracting, has been deemed to be the apparent lowest
responsible and responsive bidder by the Town’s engineering consultant, Hurt & Proffitt. On February
20, 2020, a letter with supporting documents requesting VDOT’s authorization to award the
construction project to Combs Land Solution, LLC, DBA Summit Contracting, were submitted to
VDOT Salem District Locally Administered Project Coordinator for VDOT’s review and approval.
Attachments
Bid Tab for the IFB TOV PZ-2020-01 GCG Phase 2A
Town of Vinton Request Letter for VDOT’s Authorization to Award the Contract
Recommendations
No action required.
Town Council
Agenda Summary
JN: 20170891
Bids Opened: 11 February 2020
ITEM DESCRIPTION QTY.UNITS UNIT PRICE ITEM COST UNIT PRICE ITEM COST UNIT PRICE ITEM COST UNIT PRICE ITEM COST
MOBILIZATION 1 LS 33,000.00$ 33,000.00$ 35,580.00$ 35,580.00$ 100,000.00$ 100,000.00$ 40,825.00$ 40,825.00$
CONSTRUCTION SURVEY 1 LS 15,000.00$ 15,000.00$ 10,000.00$ 10,000.00$ 18,000.00$ 18,000.00$ 8,900.00$ 8,900.00$
CLEARING & GRUBBING 1.4 AC 7,500.00$ 10,500.00$ 20,260.00$ 20,260.00$ 10,000.00$ 14,000.00$ 31,280.00$ 43,792.00$
EARTHWORK (UP TO 2' EXCAVATION)700 CY 30.00$ 21,000.00$ 27.00$ 18,900.00$ 50.00$ 35,000.00$ 76.14$ 53,298.00$
EXTRA EXCAVATION 1351 CY 26.56$ 35,882.56$ 27.00$ 36,477.00$ 25.00$ 33,775.00$ 28.00$ 37,828.00$
GEOTEXTILE SUBGRADE STAB.1351 SY 0.85$ 1,148.35$ 11.06$ 14,942.06$ 18.00$ 24,318.00$ 3.50$ 4,728.50$
18" PIPE 99 LF 75.00$ 7,425.00$ 210.00$ 20,790.00$ 150.00$ 14,850.00$ 92.25$ 9,132.75$
18" END SECTION ES-1 OR 2 3 EA 1,400.00$ 4,200.00$ 700.00$ 2,100.00$ 1,200.00$ 3,600.00$ 864.00$ 2,592.00$
DROP INLET DI-7 1 EA 5,000.00$ 5,000.00$ 7,000.00$ 7,000.00$ 5,500.00$ 5,500.00$ 4,289.00$ 4,289.00$
EROS. CONSTR. STONE CL A1, EC-1 6 TON 65.00$ 390.00$ 300.00$ 1,800.00$ 30.00$ 180.00$ 78.00$ 468.00$
AGGR. MATL. NO. 1 912 TON 30.00$ 27,360.00$ 21.00$ 19,152.00$ 30.00$ 27,360.00$ 30.00$ 27,360.00$
AGGR. BASE MAT. TY. 1 NO 21A OR 21B 1823 TON 32.00$ 58,336.00$ 16.00$ 29,168.00$ 30.00$ 54,690.00$ 30.00$ 54,690.00$
CONSTRUCTION ENTRANCE 1 EA 2,500.00$ 2,500.00$ 2,300.00$ 2,300.00$ 1,200.00$ 1,200.00$ 3,600.00$ 3,600.00$
CONCRETE ENTRANCE PAVE. 7"17 SY 120.00$ 2,040.00$ 600.00$ 10,200.00$ 90.00$ 1,530.00$ 850.00$ 14,450.00$
NONSTANDARD RETAINING WALL (BIG BLOCK)924 VSF 85.00$ 78,540.00$ 65.00$ 60,060.00$ 70.00$ 64,680.00$ 75.00$ 69,300.00$
TEMPORARY TRAFFIC CONTROL 1 LS 2,500.00$ 2,500.00$ 6,000.00$ 6,000.00$ 15,000.00$ 15,000.00$ 850.00$ 850.00$
ASPH. CONC. TY. SM-9.5A 410 TON 130.00$ 53,300.00$ 155.00$ 63,550.00$ 140.00$ 57,400.00$ 137.00$ 56,170.00$
WOOD BARRIER FENCE 30 LF 55.00$ 1,650.00$ 93.33$ 2,799.90$ 80.00$ 2,400.00$ 50.00$ 1,500.00$
HIGH VISIBILITY FENCE, 4 FEET (TREE PROTECTION)30 LF 5.00$ 150.00$ 60.00$ 1,800.00$ 20.00$ 600.00$ 15.00$ 450.00$
HIGH VISIBILITY FENCE, 4 FEET (CONSTRUCTION LIMITS)500 LF 5.00$ 2,500.00$ 15.17$ 7,585.00$ 20.00$ 10,000.00$ 15.00$ 7,500.00$
DEMOLITION OF PAVEMENT COMBINATION 210 SY 6.00$ 1,260.00$ 39.14$ 8,219.40$ 9.00$ 1,890.00$ 11.00$ 2,310.00$
TEMPORARY UTILITY RELOCATION (GUY WIRE)1 LS 2,000.00$ 2,000.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 600.00$ 600.00$
PERMENANT SEEDING 1 LS 8,000.00$ 8,000.00$ 11,040.00$ 11,040.00$ 15,000.00$ 15,000.00$ 9,660.00$ 9,660.00$
CHECK DAM ROCK TY. II 6 LS 250.00$ 1,500.00$ 1,029.33$ 6,175.98$ 250.00$ 1,500.00$ 245.00$ 1,470.00$
INLET PROTECTION, TYPE A 1 LS 350.00$ 350.00$ 300.00$ 300.00$ 250.00$ 250.00$ 150.00$ 150.00$
TEMP. SILT FENCE TYPE A 2715 LS 3.00$ 8,145.00$ 5.00$ 13,575.00$ 6.00$ 16,290.00$ 5.00$ 13,575.00$
ADJUST EXIST FRAME & COVER (SANITARY)4 LS 600.00$ 2,400.00$ 300.00$ 1,200.00$ 300.00$ 1,200.00$ 430.00$ 1,720.00$
SIGN PANEL 8 LS 70.00$ 560.00$ 200.00$ 1,600.00$ 130.00$ 1,040.00$ 60.00$ 480.00$
SIGN POST WOOD 4" X 4"2 LS 100.00$ 200.00$ 450.00$ 900.00$ 300.00$ 600.00$ 250.00$ 500.00$
TYPE B CLASS IV PVMT LINE MRKG 4"224 LS 5.50$ 1,232.00$ 26.78$ 5,998.72$ 10.00$ 2,240.00$ 3.00$ 672.00$
PARKING BLOCKS (CLASS A3)11 LS 150.00$ 1,650.00$ 150.00$ 1,650.00$ 500.00$ 5,500.00$ 100.00$ 1,100.00$
NONSTANDARD RAILING (TIMBER GUARDRAIL)255 LS 25.00$ 6,375.00$ 38.16$ 9,730.80$ 90.00$ 22,950.00$ 70.00$ 17,850.00$
396,093.91$ 9.2%432,353.86$ 554,043.00$ 491,810.25$
432,361.00$ 554,043.00$ 491,810.25$
S.C. Rossi & Company, Inc.
Project Cost Analysis
Glade Creek Greenway Phase 2A,
Town of Vinton, VA
AS READ BASE BID
Holt Inc.Engineer's Estimate
Comb's Land Solutions DBA
Summit Contracting
TOTAL BASE BID
\\data01\projects\2017\20170891\Engineering\Bidding\Bid-Open\20170891_2020_0210_Bid_Tabulation.xlsx Page 1 of 1
TOWN OF VINTON
311 S. POLLARD STREET
VINTON, VIRGINIA 24179
PHONE: (540) 983-0605
FAX: (540) 983-0621 ANITA MCMILLAN EMAIL: amcmillan@vintonva.gov PLANNING AND ZONING DIRECTOR
February 20, 2020
Mr. Jessie C. Nester, PE
VDOT Locally Administered Project Coordinator
Salem District Location and Design
731 Harrison Avenue
Salem, VA 24153
Subject: Glade Creek Greenway Phase 2A Project
VDOT Project #: EN16-149-249, Federal #: TAP-5128(424), UPC #: 109611
Intent to Award Construction Contract
VDOT’s Authorization Request
Dear Mr. Nester:
The Notice of Invitation for sealed bids for the construction of the Glade Creek Greenway Phase 2A
was advertised in The Roanoke Times on Sunday, January 12 and Sunday, January 19, 2020. Please
see the attached copy of the advertisement and the Affidavit of Publication for the construction bids.
The construction bids for Glade Creek Greenway Phase 2A were received at the Vinton Municipal
Building, 311 S. Pollard Street, Vinton, prior to 3:00 p.m. on Tuesday, February 11, 2020. The
received bids were opened shortly after 3:00 p.m. on February 11th in the Vinton Council Chambers
and were read aloud by Tim Harvey, with Hurt & Proffitt, the engineering consultant firm retained
by the Town of Vinton. A total of three (3) construction bids were received.
This letter is to serve as a written request for VDOT’s authorization for the Town of Vinton to
award the construction contract to Combs Land Solutions LLC, DBA Summit Contracting, as
recommended by J. Michael Johnson, Project Manager, with Hurt & Proffitt. Based on Mr.
Johnson’s review and analysis, Combs Land Solutions LLC is the lowest responsible and
responsive bidder in the amount of: Base Bid $432,353.86. The bid was 9.2% above the estimated
construction costs for the Project. Contact information for Combs Land Solutions LLC, Virginia
State Contractor’s License # 2705152256, is as follows:
Matthew Combs
3464 Farmington Drive
Roanoke, VA 24018
540-765-7710
matt@summitcontractingroanoke.com
GCG Phase 2A Project: Intent to Award Authorization Request, UPC # 109611
Page 2 of 2
Please see the attached award recommendation letter from Mr. Johnson and all the required
documents:
1. Bid Tabulation with all bids received;
2. As-Read Bid Results;
3. A copy of Combs Land Solutions LLC, DBA Summit Contracting, Bid package including
the Bid Form, Bid Bond, and required VDOT forms C104, C105, C111, C112, C48, and C-
49; and
4. Copies of the business licensing and DBE certification searches performed by Hurt &
Proffitt.
Should you have any questions or need additional information, please feel free to call me at
540-283-7008. Thank you in advance for your attention to this request.
Sincerely,
Anita J. McMillan
Planning and Zoning Director/Project Administrator
c: Barry Thompson, Town Manager
Attachments
Meeting Date
March 3, 2020
Department
Administration
Issue
Consider adoption of a Resolution approving the 2020-2021 operating budget for the Roanoke
Valley Regional Cable Television Committee.
Summary
The annual operating budget of the Roanoke Valley Regional Cable Television must be
submitted for approval by each of the governing bodies after approval by the RVTV Committee.
Elaine Bays-Murphy will be present at the meeting to make comments and answer any questions.
Attachments
Letter
RVTV Operating Budget-FY2020-2021
Resolution
Recommendations
Motion to adopt Resolution
Town Council
Agenda Summary
To: Roanoke Regional Cable Television Committee
From: Elaine Bays-Murphy, Director of Cable Access
Date: February 5, 2020
Re: FY2020-2021 RVTV Approved Operating Budget
BACKGROUND INFORMATION:
Roanoke Valley Television, RVTV Channel 3, is a Government & Educational Access Station, serving the City
of Roanoke, Roanoke County, Town of Vinton, and their respective School Systems. In 1992, the three
localities signed an agreement to form the Station, and RVTV-3 was created in 1993. RVTV programming is
cablecast on Cox Cable, Channel 3, Roanoke, and on Comcast, Channel 3, in west Salem. RVTV is located at
the Jefferson Center (541 Luck Ave. SW). The operational budget for RVTV is provided by the three local
governments, and it is funded through the Virginia Communications Sales and Use Tax Revenue paid by Cox
Communications. The RVTV budget amount paid by each locality is based on the percentage of Cox Customers
located in each jurisdiction.
RVTV-3 produces Original Videos, Monthly Television Shows, and covers LIVE Government Meetings
(Roanoke City Council & Roanoke County Board of Supervisors). RVTV also provides the meeting signal for
video streaming & Facebook LIVE. Roanoke Valley Television produced the following in 2019:
• 80 Original Television Shows
(11) Inside Roanoke, (12) Roanoke County Today, (8) Spotlight On City Schools, (9) Accent
Excellence, (12) Roanoke County Business Partners, (4) Recreation Television, (12) BizRoanoke
(12) Libraries Happenings
• 58 Regular Government Meetings (Signal Streamed through County Website & City FB LIVE)
(24) Regular Roanoke City Council, (22) Regular Roanoke County Board of Supervisors, (12) City
Council Briefings
• 84 Video Productions
(List of Video Productions on Attachment Pages 4 & 5)
RVTV-3 Programming is uploaded to the RVTV Website & Social Media Sources. Additionally, RVTV-3
Programming is uploaded to the Websites & Social Media Sources for Roanoke City, Roanoke County, Town
of Vinton & their School Systems.
RVTV Website www.RVTV.org
RVTV YouTube Channel www.youtube.com/RoanokeValleyTV
RVTV Facebook Page (3,696 Likes) www.facebook.com/RoanokeValleyTelevision
RVTV Twitter www.twitter.com/RoanokeValleyTV
On May 10, 2019, the Digital Upgrade was completed for the RVTV Studio, Roanoke City Council Chambers,
and the Roanoke County Board of Supervisors Room, and all video is now recorded in HD.
FISCAL IMPACT:
The FY2020/2021 Operating Budget request is $481,538. Roanoke County is the fiscal agent for Roanoke
Valley Television, and RVTV Team Members are included in the County’s payroll and benefits system. The
budget includes a 4% salary increase if approved by the Board of Supervisors. For budgeting purposes, a 10%
increase for Group Health Insurance is included. The budget includes closed captioning services for Roanoke
City Council & Roanoke County Board of Supervisors meetings.
On January 1, 2007, the Virginia Communications Sales and Use Tax Act of 2006 (Va. Code 58.1-645 et seq.)
required Cox Communications, as well as other cable television providers, to pay a five percent (5%) sales or
use tax to the Commonwealth of Virginia in place of paying franchise fees to the localities, including the City of
Roanoke, County of Roanoke, and Town of Vinton. Under the Act, the Commonwealth pays the amount of
revenues it receives from cable television providers, like Cox, to the localities.
The operational budget for RVTV is provided by the three local governments, and it is funded through the
Virginia Communications Sales and Use Tax Revenue paid by Cox Communications. The RVTV budget
amount paid by each locality is based on the percentage of Cox Customers located in each jurisdiction.
Cox calculates the percentage of Subscribers (12/31/2019) in each locality as follows:
Locality 2019 Percentage 2018 Percentage
City 50% 52%
County 46% 44%
Vinton 4% 4%
Based on the above percentages, each member’s contribution to the FY2020/2021 budget of $481,538
is:
Locality 2019/2020 Budget 2020/2021 Budget
City $240,975 $240,769
County $203,902 $221,507
Vinton $18,536 $19,262
Total $463,413 $481,538
*In addition to the City’s share of the above budget of $481,538, the City will also pay $2,112 for closed
captioning for City Council Briefings.
RVTV Financial Report - Current Account Balances as of December 31, 2019
C817-9601 (Operating Budget) ...........................................................$233,703.53
C817-9603 (Cox Cable Capital Equipment Grant) ...............................$791,195.14
C817-9604 (Operating Reserve) ..........................................................$115,110.47
(Operating Reserve Balance to be maintained is 20% of the Operating Budget)
The Operating Reserve Account represents the unused funds from the Operating Budget since 1993. RVTV
does not lose these funds at the end of the fiscal year, rather they are rolled over into the Operating Reserve
Account.
ATTACHMENTS:
RVTV FY2020/2021 Operating Budget
Budget Budget
2019 -2020 2020 - 2021
101010 Regular (Actual $255,332 + 4%) 253,502.00 265,545.00
202100 FICA 19,393.00 20,314.00
202200 Retirement – VRS 31,231.00 32,715.00
202840 Deferred Comp Match 1,950.00 1,950.00
202300 Group Health Insurance 53,898.00 55,537.00
(Actual 50,488 + 10%)
202310 Group Dental Insurance (+2%) 2,388.00 2,436.00
202500 VRS Life 3,321.00 3,479.00
202500 LTD Insurance 718.00 769.00
202750 VRS Health Credit 761.00 797.00
300013 Professional Services – Other 22,526.00 22,000.00
(Closed Captioning)
300013A CC – City Council Briefings * City Only
320001 Repairs Vehicles (By Garage) 300.00 300.00
330005 Maintenance Service Contracts 3,275.00 3,450.00
(Telephone, Security, Website)
520010 Postage 150.00 150.00
520030 Telephone 4,500.00 5,000.00
520033 Internet & Adobe Cloud 2,104.00 2,376.00
520035 Cellular Phones (2 Smart Phones) 1,200.00 1,200.00
530005 Motor Vehicle Insurance 1,700.00 1,700.00
530008 General Liability Insurance 3,600.00 3,600.00
540010 Lease/Rent of Buildings 50,796.00 52,320.00
(8 x $4,316.86 4 x $4,446.37)
550001 Travel (Mileage) 100.00 100.00
601010 Office Supplies – General 600.00 600.00
601013 Small Equipment & Video Supplies 4,000.00 4,000.00
608080 Gas, Oil & Grease 1,200.00 1,000.00
609091 Tires,Tubes & Parts 200.00 200.00
Total $463,413.00 $481,538.00
*In addition to the City’s share of the above budget of $481,538 the City will also pay $2,112
for closed captioning for City Council Briefings. RVTV expended 95.5% of the 2018/2019 Budget.
RVTV Video Productions
Roanoke City Productions
Roanoke River Greenway Ribbon-Cutting
Franklin Road Dedication & Ribbon-Cutting
Public Works Job Fair PSA
Stormwater Education Video
“Global Harmony” Art Dedication
Teacher of the Year Banquet
Elmwood Park Art Walk
Nicus Software Grand Opening
After School Process Improvement
Roanoke Remembers-Healing the Wounds of Gun Violence
Orvis Ribbon-Cutting
New Melrose Library Ribbon-Cutting
Salt Foot Sanctuary Hotel Roanoke Ribbon-Cutting
Citizen of the Year PSA
Roanoke Police Recruitment PSA
Healthy Homes Lead Safe Roanoke
Leadership College Video
City Schools Convocation Ceremony
Virginia State Neighborhood Conference
Roanoke Welcoming Week Press Conference
State of the City Address
Rainwater Management Solutions Ribbon-Cutting
Rectangular Rapid Flashing Beacons PSA
Deschutes Tinker Creek Cleanup Recap Video
Neighborhood Awards Dinner
Stormwater Educational PSA (City of Roanoke & RVTV awarded Gold Summit Award, PRSA)
Leaf Collection PSA
Flood Insurance Education
Dickens of a Christmas Music Video
(5 Regional Videos)
Roanoke County Productions
Identify-a-Kid Program PSA
R.A.D. Self Defense Class PSA
Economic Development Projects Music Video
Arbor Day
Fire & Rescue Mental Health Training Conference
Richfield Expansion Groundbreaking
Catawba Farmers Market PSA
Semi-Annual Book Sale PSA
C.O.P.S. Camp Registration Video
2019 Orientation/Benefits Video
Roanoke Sheriff’s Office Community Outreach Programs
Treetop Quest Explore Park Ribbon-Cutting
Illuminights News Conference
Touch-A-Truck Event
Roanoke County Productions
Police Dept. Safe Firearms Storage PSA
VFP/Cox Ribbon-Cutting
County Schools Convocation Ceremony
Greenhill Highland Games
Carilion Children’s Announcement
Sheriff’s Office Child Safety Seat Video
(2) Foster Family PSAs
Oak Grove Center PSA
Glenvar H.S. Football Field Drone Video
Bricks 4 Kidz Ribbon-Cutting
Virginia Western STEM Building Grand Opening
HR Classification Plan Presentation
Workplace Safety Presentation
State of the County Address
Catawba Farmers Market Holiday Market
DSS Foster Care Holiday Wrapping Party
South County Christmas Tree Lighting
Your CBD Roanoke Store Ribbon-Cutting
County Investiture Ceremony
(5 Regional Videos)
Town of Vinton Productions
Arbor Day
Wolf Creek Greenway Anniversary
Vinton Refuse Collection
Big Lick Oktoberfest & Vinton Fall Festival
Billy Byrd Ribbon-Cutting
State of the Town Address
Vinton Projects Tour Video (Shown @ State of the Town)
(5 Regional Videos)
City, County, Town Productions
RCACP PetSmart Charities Grant “In Custody K9 Training” Program
Fostering Roanoke Valley Regional Kittens Music Video
Virginia’s Blue Ridge Annual Meeting
Regional Equipment Rodeo
Gauntlet Business Awards
Ironman News Conference
D-Day 75th Anniversary Video
Gun Safety Press Conference
Updated Visit Virginia’s Blue Ridge Video
Career Quest Event
CVC Earth Summit
Flood Insurance Education
Virginia Flood Open House PSA
New RVTV Website PSA
RVTV Facebook PSA
Video Productions
(Does not include Shows)
Productions City of Roanoke Roanoke County Town of Vinton
84 34 38 12
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
MARCH 3, 2020, AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179
WHEREAS, the Town of Vinton, along with Roanoke County and the City of Roanoke pursuant
to ordinance, have established the Roanoke Valley Regional Cable Television
Committee, in part to assist with the development of educational channels and
governmental access cable programming; and
WHEREAS, each member jurisdiction annually approves the operating budget prepared by the
Cable TV Government Access Director and recommended by the Roanoke Valley
Regional Cable Television Committee for operation of the cable access Channel 3.
NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve
the 2020-2021 operating budget for Roanoke Valley Regional Cable Television Committee in the
amount of $481,538, of which Vinton’s allocation based on subscribers is four percent (4%), or the
amount of $19,262 of the total budget.
This Resolution shall be effective from and after the date of its adoption.
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
Meeting Date
March 3, 2020
Department
Planning and Zoning
Issue
Consider adoption of a Resolution adopting Title VI of the Civil Rights Act Implementation Plan
Summary
The Town of Vinton, as a Local Public Agency (LPA) and a recipient of federal-aid funding, is
required to fulfill the provisions of Title VI of the Civil Rights Act of 1964, 49 Code of Federal
Regulation (CFR) Part 21, 23 CFR Part 200 and other applicable directives. These regulations
provide that no person in the United States shall, on the grounds of race, color or national origin
be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which a LPA receives federal assistance.
At the Town Council meeting on February 18, 2020, Council members were briefed by Staff on
the draft of the Town of Vinton Title VI of the Civil Rights Act Implementation Plan. The draft of
the plan has also been forwarded to and reviewed by VDOT Salem District Civil Rights Division
personnel. As required, the adopted plan along with the Council resolution will be forwarded to
VDOT Salem District Civil Right Division for their records.
Attachment
Town of Vinton Title VI Implementation Plan
Resolution
Recommendations
Motion to adopt Resolution
Town Council
Agenda Summary
TITLE VI IMPLEMENTATION PLAN
Agency Administrator
Barry W. Thompson, Town Manager
Prepared by: Anita J. McMillan
Planning and Zoning Director
Approved March 3, 2020
TABLE OF CONTENTS
TITLE VI STATEMENT OF COMMITMENT .........................................................................
I. INTRODUCTION ..................................................................................................................... 1
II. TITLE VI AND RELATED AUTHORITIES ................................................................. 1
III. ORGANIZATION AND STAFF RESPONSIBILITIES ............................................... 2
IV. TITLE VI PROGRAM IMPLEMENTATION .............................................................. 7
V. DISCRIMINATION COMPLAINT PROCEDURES .................................................. 16
VI. REVIEW OF TOWN DIRECTIVES ............................................................................. 20
VII. COMPLIANCE AND ENFORCEMENT PROCEDURES ......................................... 20
APPENDIX A: Clauses for Contractor ................................................................................... 24
APPENDIX B: Clauses for Deeds ............................................................................................ 25
APPENDIX C: Clauses for Transfer of Real Property .......................................................... 26
APPENDIX D: Clauses for Construction/Use/Access to Real Property ............................. 27
APPENDIX E: Contractor Title VI Assurances ................................................................... 28
APPENDIX F: Town of Vinton Departments List .................................................................. 29
APPENDIX G: Grievance Form and Complaint Log ............................................................. 30
APPENDIX H: Town of Vinton Demographics and LEP Encounter Log Form ................. 33
APPENDIX I: I Speak Cards..................................................................................................... 36
APPENDIX J: Employee Acknowledgement ........................................................................... 40
APPENDIX K: Public Involvement Survey ............................................................................. 42
TITLE VI STATEMENT OF COMMITMENT
The Town of Vinton, hereinafter also referred to as the Local Public Agency “LPA”, will effectuate
the provisions of Title VI of the Civil Rights Act of 1964, 49 Code of Federal Regulation (CFR) Part
21, 23 CFR Part 200 and other applicable directives. These authorities provide that no person in the
United States shall, on the grounds of race, color or national origin be excluded from participation in,
be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for
which LPA receives federal assistance.
Further, as a recipient of federal-aid funding, Town of Vinton strives to achieve nondiscrimination in
all its programs and activities whether or not those programs and activities are federally funded. These
efforts to prevent discrimination will address, but not be limited to, a program’s impact upon access,
benefits, participation, treatment, services, contracting opportunities, training opportunities,
investigation of complaints, allocation of funds, prioritization of projects, and the functions of right-
of-way, research, planning, design, construction, and project development. Town of Vinton will ensure
that every manager, supervisor, employee, and sub-recipient of federal-aid funds administered by the
LPA is aware of and applies the intent and spirit of Title VI of the Civil Rights Act of 1964 and other
nondiscrimination authorities in performing assigned duties.
Every employee and representative of Town of Vinton shall perform all official duties and actions in
full accord with Title VI of the Civil Rights Act of 1964, applicable statutes, executive orders,
regulations, and policies enunciated there under.
The Human Resources/Risk Management Director has been designated as the LPA’s Title VI and
Americans with Disabilities Act (ADA) Coordinator and is responsible for ensuring that all matters
relating to nondiscrimination are administered effectively.
Employees of the LPA, contractors or applicants with questions, problems or complaints regarding this
statement, and the implementation of the stated provisions, should contact Donna Collins, Human
Resources/Risk Management Director, at 311 S. Pollard Street, Vinton, VA 24179, 540-983-0604,
dcollins@vintonva.gov.
_ March 3, 2020
Barry W. Thompson, Town Manager / Date
Agency Administrator
Page 1 of 43
I. INTRODUCTION
The Town of Vinton’s mission is to excel at providing quality services for the benefit of all
residents while developing, maintaining, and enhancing the resources of the area. Title VI of the
Civil Rights Act of 1964 (Title VI) is a federal law that requires no person in the United States on
the grounds of race, color, or national origin, be excluded from, be denied the benefits or be
subjected to discrimination under any program or activity receiving federal financial assistance. The
Federal-Aid Highway Act of 1973 added the requirement that there be no discrimination on the
basis of sex. Title VI applies to recipients and sub-recipients of federal financial assistance. The
Civil Rights Restoration Act of 1987 makes clear that pursuant to Title VI discrimination is
prohibited throughout any department of a local agency that accepts Federal financial assistance.
The Town periodically receives federal funding from the Federal Highway Administration
(FHWA) and other federal program funding. As a recipient of such federal aid, the Town is
required to comply with Title VI and the related Department of Transportation regulations (Title 49
CFR Part 21).
This Title VI Implementation Plan is a part of Town of Vinton’s continual and ongoing effort to
proactively meet the minimum compliance requirements established under title VI of the Civil Rights
Act of 1964 (title VI), 49 CFR § 26, and the related anti-discrimination statutes and regulations. With
this Implementation Plan, the Town of Vinton seeks to provide continued transparency, clarity and
technical guide for internal and external constituents regarding its Title VI program.
II. TITLE VI AND RELATED AUTHORITIES
This section is a reference source of the applicable authorities related to Title VI of the Civil Rights
Act of 1964 as amended.
Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq) states the following: “No person in
the United States shall on the grounds of race, color or national origin, be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under any program or activity
receiving Federal financial assistance.”
Section 162(a) of the Federal-Aid Highway Act of 1973 (Section 324, Title 23 U.S.C.) prohibits
discrimination based on sex (gender).
The Civil Rights Restoration Act of 1987, P.L. 100-209, further clarified the intent of Title VI to
include all programs and activities of entities whether those programs and activities are federally
funded or not. Title IX of the Educational Amendments Act of 1972, the Age Discrimination Act of
1975, and Section 504 of the Rehabilitation Act of 1973.
49 CFR Part 21, the U.S. Department of Transportation’s Implementing Regulations of Title VI of
the Civil Rights Act of 1964.
Page 2 of 43
23 Code of Federal Regulations (CFR) Part 200, the Federal Highway Administration Title VI
Program Implementation and Review Procedures.
UDDOT Order 1050.2A
Executive Order 12898 (issued February 11, 1994) addresses Environmental Justice (EJ) regarding
minority and low-income populations. Agencies must develop strategies to address
disproportionately high and adverse human health or environmental effects of their programs on
minority and low-income populations; promote nondiscrimination in federal programs
substantially affecting human health and the environment; and provide minority and low-income
communities’ access to public information and an opportunity for public participation in matters
relating to human health or the environment.
Executive Order 13166 (issued August 16, 2000) improves access to services for persons with
limited English proficiency. Agencies are directed to evaluate services provided and implement
a system that ensures that Limited English Proficiency (LEP) persons are able to meaningfully
access the services provided, consistent with, and without unduly burdening the fundamental
mission of the local agency. Agencies are directed to ensure that recipients of federal financial
assistance provide meaningful access to programs, services and information to their LEP
applicants and beneficiaries free of charge. Language barriers have the potential of prohibiting
LEP persons from:
• Obtaining services and information relating to Town services, programs and projects.
• Taking advantage of Town programs and activities, which could affect their jobs and social
opportunities.
• Understanding the benefits to which they are entitled when their home or business is
acquired through eminent domain.
Limited English Proficient persons refer to persons for whom English is not their primary
language and who have a limited ability to read, write, speak or understand English. It includes
people who reported to the U.S. Census that they speak English less than very well, not well or
not at all.
LEP persons are entitled to language assistance under Title VI of the Civil Rights Act of 1964,
and federal assistance recipients shall take reasonable steps to ensure meaningful access to
benefits, services, information and other important portions of their programs and activities.
III. ORGANIZATION AND STAFF RESPONSIBILITIES
A. Relationship of Civil Rights Coordinator/Town Manager of the Town of Vinton
Town Administrator – The Town Manager is authorized to ensure compliance with
provisions of the Town’s policy of nondiscrimination and with the law, including the
requirements of 23 CFR Part 200 and 49 CFR Part 21. The Town’s grants compliance
function and Title VI coordination shall be performed under the authority of the Town
Administrator.
Page 3 of 43
Title VI and Americans with Disabilities Act (ADA) Coordinator – The Town of Vinton
Human Resources/Risk Management Director will perform the duties of the Title VI and
ADA Coordinator and ensure implementation of the Town’s Title VI Federally Funded
Transportation Program. The Town’s Title VI Coordinator has a direct reporting and access
to the Town Manager, the Town’s chief executive officer.
B. Statement of Responsibility and Authority of Title VI Coordinator
As authorized by the Town of Vinton Administrator, the Title VI Coordinator is responsible
for initiating, monitoring, and ensuring LPA compliance with Title VI requirements as
follows:
Program Administration
• Administer the Title VI Program and coordinate implementation of the plan.
• Ensure compliance with the assurances, policy, and program objectives.
• Perform Title VI Program reviews to assess administrative procedures, staffing, and
resources.
• Provide recommendations as required to the Town of Vinton Administrator.
Complaints
• Review written Title VI complaints that may be received by the Town Vinton
following the adopted procedural guidelines.
Data Collection
• Review the statistical data gathering process periodically to ensure sufficiency of data
for meeting the requirements of Title VI program administration.
Training Programs
• Conduct or facilitate training programs on Title VI issues and regulations for the
Town’s employees; and facilitate Title VI training for appropriate personnel, board
and committee members, contractors, and sub-recipients. A log or summary of
training conducted shall be kept.
Title VI Plan Update
• Review and update the Town’s Title VI Implementation Plan as needed or required.
• Present updated plan to the Town’s Administrator for approval.
• Publish/post the Title VI Implementation Plan.
Annual Accomplishment Report
• Prepare an annual report of Title VI accomplishments and changes to the program in
the preceding Federal fiscal year
• Identify goals and objectives for the upcoming year as required; and submit to VDOT.
Public Dissemination
• Work with Town’s personnel to develop and disseminate Title VI program
information to employees, board and committee members, council and sub-recipients,
Page 4 of 43
including contractors, subcontractors, consultants, and sub-consultants and
beneficiaries, as well as the general public.
• Ensure public service announcements or notices are posted of proposed projects,
hearings, meetings, or formation of public advisory boards, in newspapers or other
media reaching the affected community.
• Ensure the full utilization of available minority publications or media.
• Ensure written or verbal information in languages other than English is being
provided, where appropriate.
Elimination of Discrimination
• Work with the Town’s program areas to establish procedures for promptly resolving
deficiencies, as needed.
• Recommend procedures to identify and eliminate discrimination that may be
discovered in any of the Town’s processes.
Maintain Legislative and Procedural Information
• Keep informed about Federal laws, rules, and regulations, Federal Highway
Administration (FHWA) or Virginia Department of Transportation (VDOT)
guidelines that may affect the current Agency Title VI Plan and administration of the
Agency’s Title VI Program.
• Ensure information is made available to the public as requested or required.
C. Program Administration
Multidisciplinary Approach of Title VI
To ensure the Town complies with Title VI of the Civil Rights Act of 1964 and other related
statutes, the Town will establish a Title VI Multidisciplinary Team. The Team will use the
systematic approach, communication and continuous interaction to proactively ensure
nondiscrimination in all of Town’s programs and activities. The multidisciplinary approach
focuses on team efforts to ensuring nondiscrimination in all of the Town’s programs and
activities. In implementing this approach, the Town will employ the guidance provided by the
FHWA. The Town will designate specific staff from applicable departments that are
administering federal grants and/or providing programs and activities funded from federal
assistance or other types of transportation related funding as Title VI Specialist(s). The
members of the team consist of the Title VI Coordinator and Title VI Specialists. The Team’s
focus is to:
• Foster awareness of nondiscrimination requirements
• Participate in the development and implementation of the Title VI Program
• Identify areas of need requiring mitigation measures
• Formulate and prioritize strategies to address areas of mitigation
• Recommend revisions to the Title VI Implementation Plan.
• Develop a Title VI Work Plan
• Implement Title VI Program Plan
• Continuously assess and recommend adjustments to the Title VI Implementation Plan
as necessary for effectiveness.
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Title VI Specialists – Additionally, the Town has designated Title VI Specialists in special
emphasis program areas. The Specialists shall work in concert with the Title VI Coordinator.
These key programs areas are subject to receiving federal assistance through grants or other
types of transportation related funding. The Title VI Specialists will work with the
Coordinator to ensure their respective departments and programs comply with Title VI
regulations and assurances, meet the Title VI Method of Administration as laid out on this
Title VI Plan, meet federal and state reporting requirements, and provide adequate training
opportunities for applicable staff.
Title VI Specialists will also work with the Coordinator to ascertain Title VI compliance by
contractors, subcontractors, consultants, suppliers and other sub-recipients under federally
funded projects or programs. Specialists will ensure applicable Title VI provisions and
requirements are included in contractual agreements to prime contractors and sub-recipients.
Title VI Specialists will work with the Coordinator to obtain statistical data on race, color,
national origin, handicap/disability, age and sex of participants in, and beneficiaries of the
Town’s federally funded transportation programs. Each of the Specialists will maintain data
relative to their respective special emphasis program area, designated below. The Coordinator
shall use the data to complete annual Title VI reports and for other administrative needs.
TITLE VI SPECIALISTS DESIGNEES
Economic Development
Finance/Purchasing
Planning and Zoning
Public Works
Police/Law Enforcement
Community Programs and
Vinton War Memorial
Financial Services Analyst
Planning and Zoning Director
Public Works Director or Administrative Manager
Executive Assistant to the Chief of Police
Community Programs and Facilities Director
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D. Organizational Chart
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IV. TITLE VI PROGRAM IMPLEMENTATION
A. Town of Vinton Equal Opportunity and Nondiscrimination Policy
The Town is committed to providing equal opportunities to all employees, applicants,
residents, customers, and persons doing business with the Town and will ensure that people may
participate in, enjoy the benefits of, and be free from discrimination under any program or activity
it administers without regard to any protected status, including:
• Age
• Ancestry
• Color
• Gender
• Gender Expression
• Gender Identify
• Genetic Information
• Marital Status
• Medical Condition
• Mental Disability
• Military and Veteran Status
• National Origin
• Physical Disability
• Sex (includes pregnancy, childbirth, breastfeeding and/or medical conditions)
• Sexual Orientation
B. Title VI Statement
The Town, under Title VI of the Civil Rights Act of 1964, is committed to operating its programs,
activities, and services in such a way that no person shall be excluded from the equal distribution
of its services and amenities based on their race, color, national origin, sex, disability, or age. The
Town has developed a notice to the public informing them of their rights under Title VI. Any
person who believes she or he has been aggrieved by any unlawful discriminatory practice under
Title VI may file a complaint with the Town of Vinton and/or Federal Highway Administration.
The Town’s complaint process and complaint forms are included in Appendix G.
The Town’s objective is to:
• Ensure that the level of quality of programs, projects and services are provided without regard
to race, color, national origin, sex, disability or age;
• Promote the full and fair participation of all affected populations in decision making;
• Prevent the denial, reduction, or delay in benefits related programs and activities that benefit
minority populations or low-income populations; and
• Ensure meaningful access to programs and activities for persons with Limited English
Proficiency (LEP).
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The Town is committed to complying with Title VI requirements for all programs and services
delivered to the public. The Title VI Program (Program) serves as a guide and reflection of the
Town’s commitment to preserving the civil rights for all individual and group benefactors of
Town’s program and services. The Town's Title VI Assurances, executed pursuant to Department
of Transportation (DOT) Order No. 1050.2A, are included.
C. Town Governance
The Town is governed by an elected Council of five members. The Town provides main services
with over 75 full and part-time employees and seven departments. Other services and programs
are also provided by Roanoke County.
D. Title VI and ADA Coordinator
The Town’s Title VI/ADA Coordinator, the Human Resources/Risk Management Director, is
responsible for the overall Title VI Program. The Title VI Coordinator provides guidance and
technical assistance on Title VI matters and has overall program responsibility for preparing
reports and developing program procedures. Additional assistance is provided by the Planning
and Zoning Director (e.g., transportation and greenway projects). The Title VI Coordinator
responsibilities include:
a. Promptly processing and resolving Title VI complaints;
b. Collecting demographic data (race, color, national origin) of participants in and beneficiaries
of the Town’s Federal-aid programs, activities, and services;
c. Promptly resolving areas of deficiency;
d. Conducting periodic Title VI audits;
e. Ensuring that Title VI requirements are included in policy directives and that the procedures
used have built-in safeguards to prevent discrimination;
f. Coordinating the development and implementation of staff training regarding the Town’s
Title VI program; and
g. Developing and coordinating Title VI information for public dissemination, including where
appropriate in languages other than English.
E. Education and Training
To ensure compliance through education and training, the Town’s VI and ADA Coordinator will:
• Distribute information to personnel, board and committee members, and council on training
programs regarding Title VI and related nondiscrimination authorities.
• Offer training to staff in Title VI nondiscrimination and implementation.
• Track Title VI nondiscrimination training of staff and board and committee members.
• Develop Title VI educational information for dissemination to the general public.
F. Communications and Public Participation Plan
The Town is committed to ensuring that projects, programs, and services delivered by the Town
are sensitive to the various demographic backgrounds within the Town. The Town Public
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Participation Plan (PPP) is for use by the Town to promote public involvement in the planning
and decision-making process of projects, programs, and services.
As a recipient of Federal funding, the Town is required to adhere to Title VI of the Civil Rights
Act of 1964 and to integrate the PPP into its Title VI Program. The PPP provides guidelines for
involving the public to ensure that all groups are represented and their needs considered. The
Town is committed to ensuring it serves the residents and businesses of the Town fairly,
consistently, and in the most cost-efficient and appropriate manner within available resources.
The Town endeavors to communicate with and provide opportunities for minority, low-income,
and disabled persons to participate. To ensure Title VI compliance in communications and public
participation, the Town will:
• Include contact information for people needing accommodations in notifications of
opportunities for public participation.
• Include the following statement in public notices and on the website:
“The Town of Vinton fully complies with Title VI of the Civil Rights Act of 1964 and
related statutes and regulations in all programs and activities. The Town provides
reasonable accommodations for persons who require special assistance to participate
in public involvement opportunities. For more information, or to obtain a
Discrimination Complaint Form, contact (540) 983-0601 or www.vintonva.gov.”
• Provide reasonable accommodations for persons who require special assistance to participate
in public involvement opportunities.
• Collect and monitor demographic data during public input opportunities, conducting
additional target outreach if the data show a deficiency in public input from particular groups.
• Recruit diverse applicants, including minorities, low-income persons, and disabled, to
opportunities for public participation and to serve on committees.
The Town is committed to document and analyze the impacts of transportation projects on
minority and low-income populations as a normal part of analysis efforts. A key aspect of the
analysis is to ensure the involvement of affected communities in the project development process.
The Town has developed Guidelines to provide Environmental, Planning, Right-of-Way,
Location and Design, Civil Rights and any other applicable with a consistent framework for
developing an effective public involvement strategy. They contain only principles and general
procedures, which means that the specific approach must be tailored to the unique circumstances
of each project and those communities affected by it. If the procedures do not seem appropriate
for a particular project, then the team will develop a more suitable approach.
Goals and Objectives
The goal of the Town’s PPP is to offer a variety of opportunities for the public to engage in
planning and decision-making activities. To meet this goal, the objectives of the PPP are as
follows:
• To determine what non-English languages and/or other barriers may exist to public
participation within the Town service area.
• To provide a general notification of meetings for public input, in a manner that is
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understandable to all populations in the service area.
• To hold meetings at times and in locations that are accessible and reasonably
welcoming to all area residents, including, but not limited to minority, Limited English
Proficiency (LEP), and low-income members of the public.
• To utilize a variety of communication methods to capture public input from populations
that are not likely to attend or engage in public meetings.
Public Comment Process Offered by the Town Council
The public has a right to express their opinion during the regular Council meetings held the
first and third Tuesday of every month at 7:00 p.m. in the Council chambers at 311 S. Pollard
Street, Vinton, VA. The public also has the right to express their opinion at the meetings of
the Town's committees and commissions. Information about Town Council as well as the Town's
committees and commissions is available on the Town website at:
https://www.vintonva.gov/243/Public-Hearings-Special-Meetings
Forms will be available to attendees to register their presence and desire to speak. Public hearings
will begin with a reading of the public notice, purpose and proposed action which necessitated the
public hearing. After an explanation of the proposed action is completed, the public will be
invited to offer their comment. If and when requested, translators should be present, as
appropriate, to help communicate information and attain feedback. Limitations may be
established on the length of oral presentations in order to afford all members of the public a
reasonable opportunity to speak. After all registered persons have commented, a final opportunity
will be offered for any additional public comment. This offering will precede the close of the
public hearing.
At the close of the public hearing, it will be announced where the item will next be heard, either
before a committee or the Council. Where appropriate, the Town Manager, or designee, will
provide a report summarizing and responding to key comments made by the public at a
subsequent committee or Council meeting.
All relevant comments received verbally or in writing at a public hearing, or as otherwise
conveyed to the Town prior to the established deadline, will be entered into the public record of
the comment process.
Outreach Efforts
The Town will use multiple techniques to actively solicit policy input in the planning process for
a project. The Town will engage the community through the Town’s website, social media, and
brochures placed at the library, community center, greenways, and recreation areas within the
communities. Appropriate techniques among the following will be used to inform, educate, and
gain input from the public about the Town’s projects, services, or activities:
• Surveys or questionnaires - mail-in, online, telephone, personal interview
• Articles or press releases in the appropriate publications
• Time consultation with advisory committees
• Distribution of informal reports, flyers, or brochures
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• Collaboration with community-based organizations
• Informal presentations at community forums
• Publication of information about meetings, public hearings, and special events on the
Town’s website
• Direct mailings to those expressing interest in or commenting about certain topics
• General mailings with posters and flyers to area post offices and appropriate agencies,
offices, and organizations for distribution to citizens
Low-income, minority, and limited English proficient (LEP) individuals often face additional
barriers to participating in public decision-making processes. To promote reasonable
opportunities for participation by low-income, minority, and LEP individuals to provide input on
plans and programs, the Town will identify low-income, minority, and LEP populations within
the service area and engage in targeted outreach to such populations where appropriate. The low-
income threshold will be defined as households with a per capita income of 80 percent or less of
the national average.
G. Planning and Programming
To ensure compliance in planning and programming processes, Town personnel will:
• Prepare and update publicly available demographic profiles of the region and/or Roanoke
County using the most current and appropriate statistical information.
• Consider a high-level overview of benefits and burdens of transportation projects on minority
and low-income populations, using maps and geographic demographic data to determine
projects that could impact such populations. Lead agencies in individual projects are
responsible for in-depth analyses of environmental justice as they move forward.
• Conduct an environmental justice analysis during the development of the Town
transportation’s related plans, analyzing the relative distribution of costs and benefits from
transportation investment strategies and policies on minority or low-income populations.
• Review directives to determine if there are Title VI implications and interpret how directives
impact Title VI program areas.
• Include environmental justice aspects of performance measures in transportation
performance-based planning and programming, when relevant.
H. Limited English Proficiency (LEP)
Individuals who do not speak English as their primary language and who have a limited ability to
read, speak, write, or understand English are Limited English Proficient (LEP). For a LEP person,
language can present a barrier to accessing benefits and services, understanding and exercising
important rights, complying with applicable responsibilities, or understanding other information
provided by federally funded programs and activities. LEP persons may be entitled to language
assistance at no cost to them with respect to a service, benefit, or encounter.
The Town provides meaningful access to programs and activities by giving LEP persons adequate
and understandable information to participate in programs and activities and by taking reasonable
steps to remove barriers for LEP persons.
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Statement of Commitment
Meaningful access to LEP persons means ensuring that LEP persons can communicate effectively
and act appropriately based on that communication. The Town will take reasonable steps to
ensure LEP persons have meaningful access to programs, activities, services, and information that
are normally provided in English. Failure to ensure that LEP persons can effectively participate in
federally assisted programs and activities may violate the prohibition against national origin
discrimination under Title VI of the Civil Rights Act of 1964.
Implementation
Implementation guidelines describe as what should be done when an LEP person is encountered
or an LEP request is made as well as what activities should be done routinely to keep information
and training up to date. When staff encounter LEP persons or request for language assistance, the
guidelines described below will be used to determine what assistance can be provided.
The language assistance services available to the Town are:
• Translation services available through Roanoke Spanish ($0.15/word or $85/page)
• The Town bilingual employees fluent in Spanish: As of 2020, Town’s employees, Fabricio
Drumond is fluent in Spanish and Portuguese; Samuel Mitchell is fluent in Spanish; and
Lydia Verdillo, is fluent in Tagalog.
• Future contract with CyraCom: A Pay-As-You-Go account with CyraCom – On Demand
Over-the-Phone Interpretation (www.cyracom.com). CyraCom maintains telephone assisted
interpretation capability for over 100 languages ($2.98/minute) and written translation
services for a fee.
The need for LEP services depends on the type of contact:
• In-person Contact: Use the Language Identification Flashcard, posted in the Town entrance,
to attempt to identify the language spoken. Enlist the assistance of bilingual staff to obtain the
LEP person’s name and contact information.
• Telephone Contact: Enlist the assistance of bilingual staff as needed.
• Written Contact or Documents: Engage translation service such as Roanoke Spanish.
• Request for translation at a meeting: Use translation service.
Cost alone will not determine whether a request is granted. Language assistance services deemed
appropriate will be made available at the expense of the Town.
• Requests for under $100: Will be granted. For Spanish, a phone call that might last up to 30
minutes or a document that is 1 typed page in English is likely to fit this criterion.
• Requests for over $100: Title VI/ADA Coordinator and the Town Manager review based on
the four-factor analysis and grant if deemed vital.
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Routine LEP Implementation Activities
The Title VI/ADA Coordinator will:
• Post written notices on the website and/or in a public area regarding the right to free language
assistance for persons conducting business with the Town in the most likely to be encountered
languages (as determined using the four-factor analysis).
• Ensure that public notices and publications include statements that the Town provides
reasonable accommodations for persons who require special assistance to participate in public
involvement opportunities.
• Maintain the language assistance resource list, updating with current resources.
• Ensure staff understand:
o The right to free language assistance for LEP persons.
o How to use language assistance resources.
o To include statements in public notices and publications that the Town provides
reasonable accommodations.
Monitoring and Updating
The Town will monitor its LEP policies and practices, review them regularly with the four-factor
analysis, and update as needed.
To monitor LEP policies and practices, the Title VI/ADA Coordinator will:
• Review Town’s activities on a regular basis for providing meaningful access to LEP persons.
• Document requests for translation services and encounters with LEP persons and provide
reports when requested.
Four-factor analysis
The four-factor analysis is used to assess the need for language assistance services:
a. Demography – number and proportion of LEP persons served and languages spoken in
service area.
b. Frequency – rate of contact with service or program.
c. Importance – nature and importance of program/service to people’s lives.
d. Resources – available resources, including language assistance services.
The Title VI/ADA Coordinator will:
• Regularly review demographic data based on the four-factor analysis. If a language other than
English is the primary language of >5% of the population, the LEP guidelines may need to be
modified to meet the new needs.
• Collect and maintain demographic statistics on persons who participate in their programs and
services.
• Solicit feedback from locality social service departments and community-based organizations
serving LEP persons to evaluate how well its practices meet their needs.
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Locality social service departments and community-based organizations serving LEP persons
include:
• Roanoke Refugee Partnership
• Roanoke Spanish
• Roanoke County Department of Social Services
• Virginia Department of Social Services
• Council of Community Services
The feedback solicited from these departments and organizations may include:
• Nature and importance of programs, services, and activities to LEP persons
• The effectiveness of current language assistance measures in meeting the needs of LEP
persons
• The effectiveness of staff LEP trainings and agency-wide language assistance protocol
• Changes in the frequency of contact with LEP language groups
• Changes in the availability of resources, including technological advances or financial
resources
I. Environmental Justice
In accordance with Executive Order 12898 (Federal Actions to Address Environmental Justice
in Minority Populations and Low-Income Populations), the Town will identify and address the
disproportionately high and adverse human health or environmental effects of its programs,
policies, and activities on minority and low-income populations. The Town will consider
demographic data into their project design and involve the public in the planning and
development process to assess the environmental impacts of projects on the community. The
public’s input and data analysis enable the Town to develop measures to mitigate any potential
adverse effects on minority and low-income populations. The Town is not required to conduct
environmental justice analyses of projects where NEPA documentation is not required.
J. Contracts and Agreements
The Town reviews its federally assisted contracts for inclusion of applicable forms and
provisions.
Consultant Contracts Administration
The Town is responsible for the selection, negotiation, and administration of its consultant
contracts. The Town complies with all relevant federal and state laws in contract selection. Town
personnel evaluate and monitor consultant contracts for compliance with nondiscrimination
authorities. Town personnel will:
• Ensure inclusion of nondiscrimination language in contracts and Requests for Proposals.
• Ensure that all consultants verify their compliance with nondiscrimination authorities,
procedures, and requirements.
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• Work with the recipient or sub-recipient, if found to be not in compliance with
nondiscrimination authorities, to resolve the deficiency status and write a remedial action if
necessary.
• Review outreach activities to ensure small, disadvantaged, minority, women, and disabled
veteran businesses are not excluded to participate in opportunities to compete for consulting
contracts.
Disadvantaged Business Enterprise
Disadvantaged Business Enterprises (DBE) are for-profit small business concerns where socially
and economically disadvantaged individuals own at least a 51% interest and also control
management and daily business operations. African Americans, Hispanics, Native Americans,
Asian-Pacific and Subcontinent Asian Americans, and women are presumed to be socially and
economically disadvantaged. Other individuals can also qualify as socially and economically
disadvantaged on a case-by-case basis. The U.S. Department of Transportation’s DBE regulations
require state and local transportation agencies that receive federal financial assistance to establish
goals for the participation of DBEs.
The Town supports the objectives of the DBE Program:
• To ensure nondiscrimination in the award and administration of Federal Highway
Administration assisted contracts.
• To create a level playing field on which DBEs can compete fairly for Federal Highway
Administration-assisted contracts.
• To ensure the DBE Program is narrowly tailored in accordance with applicable law.
• To ensure that only firms that fully meet 49 CFR, Part 26 eligibility standards are permitted to
participate as DBEs.
• To help remove barriers to the participation of DBEs in Federal Highway Administration-
assisted contracts.
• To assist the development of firms that can compete successfully in the marketplace outside
of the DBE Program.
• To provide appropriate flexibility to recipients of federal financial assistance in establishing
and providing opportunities for DBEs.
Sub-recipients - Reviews and Monitoring Procedures
The Town will conduct Title VI compliance reviews and monitoring of its sub-recipients of
Federal-aid highway or other Federal funds, to ensure adherence to Title VI requirements. The
Town‘s staff will periodically review operational guidelines provided to consultants, contractors,
and sub-recipients, including Title VI language, provisions, and related requirements, as
applicable.
The Town will also conduct periodic post grant reviews of select recipients of Federal highway
funds or other Federal funds, for roads, sidewalks, bridges, municipal construction, etc. to ensure
adherence to Title VI requirements.
When irregularities occur in the administration of Federal-aid highway programs at sub-recipient
levels, corrective action will be taken to resolve identified Title VI issues. The Town will seek the
cooperation of the consultant, contractor or other sub-recipient in correcting deficiencies found
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during periodic reviews. The Town will provide technical assistance and guidance, upon request,
to support voluntary compliance by the sub-recipient.
When a sub-recipient fails or refuses to voluntarily comply with requirements, The Town will
submit to VDOT’s Civil Rights Administrator -Title VI Coordinator copies of the case file and a
recommendation that the sub-recipient be found in noncompliance.
A follow-up review will be conducted to ascertain if the sub-recipient has complied with the Title
VI Program requirements in correcting deficiencies previously identified. If the sub-recipient
refuses to comply, The Town and VDOT may, with FHWA’s concurrence, initiate sanctions per
49 CFR 21.
V. DISCRIMINATION COMPLAINT PROCEDURES
Any person who believes she or he has been discriminated against on the basis of race, color,
national origin, sex, disability or age by the Town of Vinton (hereinafter referred to as “the Town”)
may file a Title VI complaint by completing and submitting the agency’s Title VI Complaint Form.
The Town will investigate the complaint according to the procedures detailed in Appendix G.
Where can one file?
Complaints related to the Federal-aid highway program may be filed with VDOT, FHWA
Division Office, the FHWA Headquarters Office of Civil Rights (HCR), the USDOT
Departmental Office of Civil Rights, or the USDOJ.
When must one file?
According to USDOT regulations, 49 CFR §21.11(b), a complaint must be filed not later than 180
days after the date of the last instance of alleged discrimination, unless the time for filing is
extended by the processing agency.
What should a complaint look like?
Complaints should be in writing and signed and may be filed by mail, fax, in person, or e-mail.
However, the complainant may call the receiving agency and provide the allegations by
telephone, and the agency should transcribe the allegations of the complaint as provided over the
telephone and send a written complaint to the complainant for correction and signature. A
complaint should contain the following information:
• A written explanation of the alleged discriminatory actions;
• The complainant’s contact information, including, if available: full name, postal
address, phone number, and email address;
• The basis of the complaint (e.g., race, color, national origin);
• The names of specific persons and respondents (e.g., agencies/organizations) alleged
to have discriminated;
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• Sufficient information to understand the facts that led the complainant to believe that
discrimination occurred in a program or activity that receives Federal financial
assistance; and
• The date(s) of the alleged discriminatory act(s) and whether the alleged discrimination
is on-going.
How are complaints routed?
FHWA Division Offices do not investigate Title VI complaints. Likewise, State DOTs and its
Subrecipients do not investigate complaints filed against themselves. Finally, FHWA is
responsible for all decisions regarding whether a complaint should be accepted, dismissed, or
referred to another agency.
With this understanding, complaints should be routed in the following ways:
• All complaints will be routed to the FHWA Headquarters Office of Civil Rights
(HCR) for processing. HCR is responsible for all determinations regarding whether to
accept, dismiss, or transfer Title VI complaints filed against the Town (a Subrecipient
of Federal financial assistance).
• Complaints should be forwarded from the initial receiving agency through the Federal-
aid highway oversight hierarchy until the complaint reaches HCR. For example, if a
complaint is filed with the Town, the Town will forward the complaint to VDOT,
which will forward the complaint to the VDOT’s FHWA Division Office, which will
forward the complaint to HCR. If a complaint is filed with VDOT, VDOT will
forward the complaint to the VDOT’s FHWA Division Office, which should forward
the complaint to HCR.
• VDOT and the Town will log all complaints received.
• When HCR decides on whether to accept, dismiss, or transfer the complaint, HCR will
notify the Complainant, the FHWA Division Office, VDOT, and the Town.
Complaints may also be sent to HCR directly at:
U.S. Department of Transportation Office of Civil Rights
1200 New Jersey Avenue, SE
8th Floor E81-105
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What are the potential outcomes for processing a complaint?
There are four potential outcomes for processing complaints:
• Accept: if a complaint is timely filed, contains sufficient information to support a
claim under Title VI, and concerns matters under FHWA’s jurisdiction, then HCR will
send to the complainant, the respondent agency, and the FHWA Division Office a
written notice that it has accepted the complaint for investigation.
• Preliminary review: if it is unclear whether the complaint allegations are sufficient to
support a claim under Title VI, then HCR may (1) dismiss it or (2) engage in a
preliminary review to acquire additional information from the complainant and/or
respondent before deciding whether to accept, dismiss, or refer the complaint.
• Procedural Dismissal: if a complaint is not timely filed, is not in writing and signed, or
features other procedural/practical defects, then HCR will send the complainant,
respondent, and FHWA Division Office a written notice that it is dismissing the
complaint.
• Referral\Dismissal: if the complaint is procedurally sufficient but FHWA (1) lacks
jurisdiction over the subject matter or (2) lacks jurisdiction over the respondent entity,
then HCR will either dismiss the complaint or refer it to another agency that does have
jurisdiction. If HCR dismisses the complaint, it will send the complainant, respondent,
and FHWA Division Office a copy of the written dismissal notice. For referrals,
FHWA will send a written referral notice with a copy of the complaint to the proper
Federal agency and a copy to the USDOT Departmental Office of Civil Rights.
The HCR is responsible for conducting all investigations of State DOTs and other primary
Recipients. In the case of a complaint filed against a Subrecipient, HCR may either conduct the
investigation itself, or it may delegate the investigation to VDOT. If HCR chooses to delegate the
investigation of a Subrecipient, HCR will communicate its acceptance of the complaint to the
complainant and respondent, but VDOT will conduct all data requests, interviews, and analysis.
VDOT will then create a Report of Investigation (ROI), which it will send to HCR. Finally, HCR
will review the ROI and compose a Letter of Finding based on the ROI.
What are the timeframes for investigation?
For FHWA, there is no regulatory timeframe for completing investigations. However, FHWA
strives to complete all tasks within 180 days from the date of acceptance.
If VDOT is delegated an investigation from FHWA, VDOT must complete the investigation
within 60 days of receipt (meaning the date it receives the delegated complaint from FHWA) as
stipulated in 23 CFR §200.9(b)(3)
How does the Investigating Agency gather information?
There are no regulatory requirements for how information is gathered, but VDOT and the Town
are required to keep detailed records on how they comply with Title VI and to provide USDOT
with access to documents and persons with relevant information. 49 CFR §21.9. Typically, the
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respondent will receive at least one Request for Information (RFI) and Position Statement to
gather documents, and additional requests if necessary. Concurrently, the HCR or VDOT
investigator will schedule interviews with relevant parties and conduct site visits as necessary.
Once FHWA starts an investigation, what are the potential outcomes?
First, at any time during the investigation, either FHWA or the respondent may initiate informal
negotiations to resolve the issues. The FHWA always strives to resolve Title VI complaints
informally, if possible.
In the absence of such negotiations, HCR (or an investigator for VDOT) will draft a Report of
Investigation, which should contain all relevant data and findings, with legal conclusions and
potentially include recommendations for action. FHWA is responsible for the final disposition of
all complaints, including initiation and conduct of informal negotiations and the issuance of
Letters of Finding (LOFs).
There are five potential outcomes for concluding an investigation:
a. The FHWA makes a finding of no violation and the case will be closed with no further
action. The FHWA will issue an LOF stating in sufficient detail the reasons for the
determination of no violation.
b. If, by a preponderance of the evidence, FHWA determines the respondent has failed to
comply with its Title VI requirements or threatens to fail to comply by action or
inaction, then FHWA will inform the respondent and the matter will be resolved by
informal means whenever possible.
o If FHWA informally resolves the matter with the respondent by agreement, then
FHWA will hold the complaint in abeyance until the respondent completes its
corrective actions. If the corrective actions are completed to the FHWA’s
satisfaction, then the complaint will be dismissed with no further action.
o If FHWA cannot informally resolve the matter or the respondent does not
complete agreed upon corrective actions, then FHWA may issue a LOF stating that
the Recipient is in noncompliance with its Title VI obligations.
c. If FHWA issues a LOF of noncompliance to the respondent, the LOF will request that
the respondent provide to FHWA, within 90 days, an action plan that implements the
recommendations in the LOF.
d. If FHWA approves the action plan, then the respondent will be given a reasonable
amount of time to implement the plan. At the end of the implementation period,
FHWA will assess whether the respondent has sufficiently corrected the deficiencies.
e. If FHWA does not approve the action plan, or the respondent is
nonresponsive/uncooperative, then FHWA may seek administrative sanctions,
including, but not limited to, suspension or termination of Federal funds or any other
means authorized by law such as referral to USDOJ for enforcement.
o If USDOT seeks to suspend or terminate funds, it must provide the respondent
with an opportunity for a hearing on the record. If the Secretary of Transportation
determines that the respondent has not complied with Title VI and voluntary
compliance cannot be secured, USDOT must notify Congress before that finding
goes into effect. 49 CFR.
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VI. REVIEW OF TOWN DIRECTIVES
The Title VI Staff employs the following process to review the Town directives, policies and
practices:
• The Title VI/ADA Coordinator works collaboratively with a Title VI Specialists - a group
consisting of department directors or their appointees, who help to make and implement
policies. The committee works to ensure the Town directives are in keeping with Title VI of
the Civil Rights Act of 1964 and other federal nondiscrimination mandates;
• The Title VI/ADA Coordinator is included in the review process when Town directives are
drafted and polices implemented. This process affords the Title VI/ADA Coordinator an
opportunity to review for any possible Title VI issues.
• The Title VI/ADA Coordinator reviews all environmental documents, public meeting and
hearing transcripts to ensure staff is aware of any potential Title VI issues.
• The Title VI/ADA Coordinator serves on decision‐making committees as a Civil Rights
Advisor to ensure the Town directives are in accordance with the federal and state
nondiscrimination laws, rules, and regulations; and,
• The Title VI/ADA Coordinator works cooperatively with FHWA Division Civil Rights staff
to implement federal nondiscrimination directives.
VII. COMPLIANCE AND ENFORCEMENT PROCEDURES
Remedial Action
The goal for Title VI and regulatory enforcement is to achieve voluntary compliance. If
deficiencies are found during a Title VI review, the Compliance Review Report will include a
draft corrective action plan (CAP) with projected due dates. The program area staff/Title VI
Liaison or the Subrecipient will be able to propose remedial actions to correct the deficiencies.
Program areas and Subrecipients are expected to correct all deficiencies according to their CAP
and provide periodic updates to the Title VI Coordinator assigned to the review. The Title VI
Coordinator will provide technical assistance, as needed, and work with the (program area’s) Title
VI Liaison or Subrecipient’s Title VI Coordinator to ensure implementation of the CAP. When
the Title VI Coordinator has determined that a sub- recipient’s deficiencies are sufficiently
corrected, the program area Title VI Liaison or the Subrecipient will be notified that the review
process is complete and no further progress reporting is needed. The Subrecipient will receive an
official Closeout Letter signed by the Town’s Title VI Coordinator.
Affecting Compliance
When an internal program area refuses to cooperate or comply with Title VI, the Title VI
Specialist will elevate the matter to the Coordinator, after which, the matter may be referred to the
State DOT Civil Rights Manager or responsible USDOT Operating Administration (OA).
When a Subrecipient fails to take appropriate corrective action in response to the findings of
deficiencies in the compliance report, the Subrecipient moves from a “deficiency status” to
noncompliance; the Town will submit two copies of the case file to the State DOT or FHWA with
a recommendation that the sub- recipient be found in noncompliance; and/or, may, with the
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concurrence of the State DOT or FHWA (or other USDOT OA), initiate proceedings to impose
sanctions for noncompliance.
Sanctions
In the event that a Subrecipient or contractor (“recipient’) fails or refuses to comply with Title VI,
the first step taken by the internal program area with oversight of the recipient will be the Town
attempts the resolve the issue using the program area’s normal administrative solutions. However,
the Town may take any or all of the following steps, with the concurrence of VDOT or USDOT
(i.e., FHWA), if the recipient is uncooperative or nonresponsive during attempts by the Town to
voluntarily resolve the compliance issue:
a. Cancel, terminate, or suspend the contract or agreement in whole or in part;
b. Refrain from extending any further assistance to the recipient under the program with
respect to which the failure or refusal occurred until satisfactory assurance of future
compliance has been received from the recipient;
c. Take such other action that may be deemed appropriate under the circumstances, until
compliance or remedial action has been accomplished by the recipient; and/or,
d. Refer the case to the appropriate federal agency for appropriate administrative or legal
proceedings. Other means authorized by law.
I. TITLE VI ASSURANCES (STANDARD DOT TITLE VI ASSURANCES – US DOT
1050.2A)
TITLE VI/NONDISCRIMINATION ASSURANCES
DOT Order No. 1050.2A
The Town of Vinton, (herein referred to as the “Recipient”), HEREBY AGREES THAT, as a
condition to receiving any Federal financial assistance from the U.S. Department of Transportation
(DOT), through the Federal Highway Administration, is subject to and will comply with the following:
Statutory/Regulatory Authorities
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin);
• 49 C.F.R. Part 21 (entitled Nondiscrimination in Federally-Assisted Programs of the Department
of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964);
• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI
of the Civil Rights Act of 1964);
The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations,"
respectively.
General Assurances
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy,
memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any
measures necessary to ensure that:
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"No person in the United States shall, on the grounds of race, color, or national origin, be
excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity," for which the Recipient receives Federal financial
assistance from DOT, including the Federal Highway Administration.
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to
Title VI and other Nondiscrimination requirements (The Age Discrimination Act of 1975, and
Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and
coverage of these nondiscrimination statutes and requirements to include all programs and activities
of the Recipient, so long as any portion of the program is Federally assisted.
Specific Assurances
More specifically, and without limiting the above general Assurance, the Recipient agrees with
and gives the following Assurances with respect to its federally assisted Highway Program:
1. The Recipient agrees that each "activity," "facility," or "program," as defined in §§ 21.23
(b) and 21.23 (e) of 49 C.F.R. § 21 will be (with regard to an "activity") facilitated, or will
be (with regard to a "facility") operated, or will be (with regard to a "program") conducted in
compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests for
Proposals for work, or material subject to the Acts and the Regulations made in connection
with all Federal-Aid Highway Program and, in adapted form, in all proposals for negotiated
agreements regardless of funding source:
"The Town of Vinton in accordance with the provisions of Title VI of the Civil
Rights Act of 1964 (78 Stat. 252, 42 US.C.§§ 2000d to 2000d-4) and the Regulations,
hereby notifies all bidders that it will affirmatively ensure that any contract entered
into pursuant to this advertisement, disadvantaged business enterprises will be
afforded full and fair opportunity to submit bids in response to this invitation and
will not be discriminated against on the grounds of race, color, or national origin in
consideration for an award."
3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract
or agreement subject to the Acts and the Regulations.
4. The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running
with the land, in any deed from the United States effecting or recording a transfer of real
property, structures, use, or improvements thereon or interest therein to a Recipient.
5. That where the Recipient receives Federal financial assistance to construct a facility, or part
of a facility, the Assurance will extend to the entire facility and facilities operated in connection
therewith.
6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition
of real property or an interest in real property, the Assurance will extend the rights to space
on, over, or under such property.
7. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this
Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits,
or similar instruments entered into by the Recipient with other parties:
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a. for the subsequent transfer of real property acquired or improved under the applicable
activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired
or improved under the applicable activity, project, or program.
8. That this Assurance obligates the Recipient for the period during which Federal financial
assistance is extended to the program, except where the Federal financial assistance is to
provide, or is in the form of, personal property, or real property, or interest therein, or structures
or improvements thereon, in which case the Assurance obligates the Recipient, or any
transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial
assistance is extended, or for another purpose involving the provision of similar services
or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.
9. The Recipient will provide for such methods of administration for the program as are found
by the Secretary of Transportation or the official to whom he/she delegates specific authority
to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors,
subcontractors, consultants, transferees, successors in interest, and other participants of Federal
financial assistance under such program will comply with all requirements imposed or pursuant
to the Acts, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard
to any matter arising under the Acts, the Regulations, and this Assurance.
By signing this ASSURANCE, the Town of Vinton also agrees to comply (and require any sub-
recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all
applicable provisions governing the USDOT access to records, accounts, documents, information,
facilities, and staff. You also recognize that you must comply with any program or compliance reviews,
and/or complaint investigations conducted by the USDOT. You must keep records, reports, and submit
the material for review upon request to USDOT, or its designee in a timely, complete, and accurate
way. Additionally, you must comply with all other reporting, data collection, and evaluation
requirements, as prescribed by law or detailed in program guidance.
The Town of Vinton gives this ASSURANCE in consideration of and for obtaining any Federal
grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal
financial assistance extended after the date hereof to the recipients by the U.S. Department of
Transportation under the Federal-Aid Highway Program. This ASSURANCE is binding on the
Commonwealth of Virginia, other recipients, sub-recipients, sub-grantees, contractors, subcontractors
and their subcontractors, transferees, successors in interest, and any other participants in the Federal-
Aid Highway Program. The person(s) signing below is authorized to sign this ASSURANCE on behalf
of the Recipient.
Town of Vinton
By: Barry Thompson, Town Manager
Dated: 3/3/2020
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APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts
and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department
of Transportation, the Federal Highway Administration, as they may be amended from time to time, which
are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, will
not discriminate on the grounds of race, color, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The contractor will not
participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations,
including employment practices when the contract covers any activity, project, or program set forth in
Appendix B of 49 CFR Part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,
either by competitive bidding, or negotiation made by the contractor for work to be performed under
a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor
or supplier will be notified by the contractor of the contractor's obligations under this contract and the
Acts and the Regulations relative to Nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor will provide all information and reports required by the Acts,
the Regulations, and directives issued pursuant thereto and will permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the Recipient or the
Federal Highway Administration to be pertinent to ascertain compliance with such Acts, Regulations,
and instructions. Where any information required of a contractor is in the exclusive possession of
another who fails or refuses to furnish the information, the contractor will so certify to the Recipient
or the Federal Highway Administration, as appropriate, and will set forth what efforts it has made to
obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination
provisions of this contract, the Recipient will impose such contract sanctions as it or the Federal
Highway Administration may determine to be appropriate, including, but not limited to:
a. withholding payments to the contractor under the contract until the contractor complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six
in every subcontract, including procurements of materials and leases of equipment, unless exempt by
the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with
respect to any subcontract or procurement as the Recipient or the Federal Highway Administration may
direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that
if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier
because of such direction, the contractor may request the Recipient to enter into any litigation to
protect the interests of the Recipient. In addition, the contractor may request the United States to enter
into the litigation to protect the interests of the United States.
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APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures,
or improvements thereon, or granting interest therein from the United States pursuant to the provisions of
Assurance 4:
NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that
the Town of Vinton will accept title to the lands and maintain the project constructed thereon in accordance
with the Virginia General Assembly, the Regulations for the Administration of the Federal-Aid Highway
Program and the policies and procedures prescribed by the Federal Highway Administration of the U.S.
Department of Transportation in accordance and in compliance with all requirements imposed by Title 49,
Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally-assisted programs of the U.S Department of Transportation pertaining to and
effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to
2000d-4), does hereby remise, release, quitclaim and convey unto the Town of Vinton all the right, title and
interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto
and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the Town of Vinton and its successors
forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as
follows, which will remain in effect for the period during which the real property or structures are used for a
purpose for which Federal financial assistance is extended or for another purpose involving the provision of
similar services or benefits and will be binding on the Town of Vinton, its successors and assigns.
The Town of Vinton in consideration of the conveyance of said lands and interests in lands, does hereby
covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person
will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits
of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or
under such lands hereby conveyed [,] [and]* (2) that the Town of Vinton will use the lands and interests in
lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title
49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part
21, Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation
of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in
the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a
right to enter or re-enter said lands and facilities on said land, and that above described land and facilities will
thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and
its assigns as such interest existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary in
order to make clear the purpose of Title VI.)
Page 26 of 43
APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE
ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into
by the Town of Vinton pursuant to the provisions of Assurance 7(a):
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property described
in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of
Transportation activity, facility, or program is extended or for another purpose involving the
provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will
maintain and operate such facilities and services in compliance with all requirements imposed
by the Acts and Regulations (as may be amended) such that no person on the grounds of race,
color, or national origin, will be excluded from participation in, denied the benefits of, or be
otherwise subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination
covenants, the Town of Vinton will have the right to terminate the (lease, license, permit, etc.) and to
enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license,
permit, etc.) had never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Nondiscrimination covenants, the Town
of Vinton will have the right to enter or re-enter the lands and facilities thereon, and the above described
lands and facilities will there upon revert to and vest in and become the absolute property of the Town of
Vinton and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary
to make clear the purpose of Title VI.)
Page 27 of 43
APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER
THE ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered
into by the Town of Vinton pursuant to the provisions of Assurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree (in the case of deeds and leases add, "as a covenant running with the land") that (1) no
person on the ground of race, color, or national origin, will be excluded from participation in, denied the
benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the
construction of any improvements on, over, or under such land, and the furnishing of services thereon, no
person on the ground of race, color, or national origin, will be excluded from participation in, denied the
benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee,
etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts
and Regulations, as amended, set forth in this Assurance.
B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above
Nondiscrimination covenants, the Town of Vinton will have the right to terminate the (license, permit,
etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold
the same as if said (license, permit, etc., as appropriate) had never been made or issued.*
C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the Town
of Vinton will there upon revert to and vest in and become the absolute property of the Town of
Vinton and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary
to make clear the purpose of Title VI.)
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APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the "contractor") agrees to comply with the following
nondiscrimination statutes and authorities; including but not limited to:
Pertinent Nondiscrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21;
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975
and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or activities" to include all of the programs or activities of the Federal-aid recipients,
sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the
basis of disability in the operation of public entities, public and private transportation systems,
places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title
VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your
programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
Page 29 of 43
APPENDIX F
Town of Vinton Departments List
Town Manager Barry Thompson 540-983-0607
Assistant Town Manager/Economic
Development
Richard “Pete” Peters 540-343-1508
Community Programs & Vinton War Memorial Chasity Barbour 540-983-0613
Town Council Bradley Grose, Mayor
Keith Liles, Vice Mayor
Sabrina McCarty
Janet Scheid
Page 30 of 43
APPENDIX G
Grievance Form and Complaint Log
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TOWN OF VINTON GRIEVANCE FORM
Instructions: Please fill out this form completely in blue or black ink or type. Sign and submit to the
ADA & Title VI Coordinator, 311 S. Pollard Street, Vinton, VA 24179. For assistance please call 540-983-
0604.
THIS FORM IS OPTIONAL AND IS PROVIDED FOR YOUR CONVENIENCE.
Grievant Name:
Address: E-mail:
Home Telephone: Work: Cell:
If an authorized representative is filing this grievance on behalf of another person, his/her personal
information must also be included:
Representative Name:
Address: E-mail:
Home Telephone: Work: Cell:
Please tell us why you believe the discrimination occurred: Race, Color, Gender, Age, Disability, National
Origin, Other (Specify):
Date of Incident: Time of Incident:
Location or Address of Incident:
Describe your grievance:
What type of corrective action would you like to see be taken?
If the incident involved a Town of Vinton employee, please list his/her name:
Names and contact information of witnesses:
If your grievance is being filed on behalf of another person or group of people, all grievants must be
identified by name:
Grievant Signature: Date:
Authorized Representative Signature: Date:
Page 32 of 43
TOWN OF VINTON TITLE VI COMPLAINT LOG
No. recipient Category Filed Final
Page 33 of 43
APPENDIX H
Demographic and LEP Encounter Log Form
Page 34 of 43
TOWN OF VINTON DEMOGRAPHICS
2010 CENSUS POPULATION
Total Population 8,098
One Race 7,934 98%
White 7,285 90%
Black or African American 452 5.6%
American Indian and Alaska Native 9 0.1%
Asian 78 1.0%
Native Hawaiian and Other Pacific Islander 4 0.0%
Some other race 118 1.5%
Two or More Races 164 2.0%
Hispanic or Latino (of any race) 230 2.8%
2017 American County Survey (ACS) DEMOGRAPHIC ESTIMATES
One Race 7,886 97.7%
White 7,007 86.8%
Black or African American 475 5.9%
American Indian and Alaska Native 0 0.0%
Asian 351 4.3%
Native Hawaiian and Other Pacific Islander 0 0.0%
Some other race 53 0.7%
Two or More Races 183 2.3%
Hispanic or Latino (of any race) 221 2.7%
2017 American Community Survey (ACS) LANGUAGE SPOKEN AT HOME
English Only 7,284 94.3%
Language other than English 437 5.7%
Speak English less than “very well” 99 1.3%
Spanish 174 2.3%
Speak English less than “very well” 8 4.6%
Other Indo-European languages 122 1.6%
Speak English less than “very well” 18 14.8%
Asian and Pacific Islander languages 120 1.6%
Speak English less than “very well” 520 43.3%
Page 35 of 43
LIMITED ENGLISH PROFICIENCY (LEP) ENCOUNTER LOG FORM
Date of Encounter:
Encounter was: In-person By-phone Other:
Reason person was in your department:
Describe how (if) communication as accomplished:
Department Head’s Signature:
---------------------------------------------------------------------------------------------------------------------
LIMITED ENGLISH PROFICIENCY (LEP) ENCOUNTER LOG FORM
Date of Encounter:
Encounter was: In-person By-phone Other:
Reason person was in your department:
Describe how (if) communication as accomplished:
Department Head’s Signature:
Page 36 of 43
APPENDIX I
I Speak Cards
Page 37 of 43
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APPENDIX J
Employee Acknowledgement
Page 41 of 43
An Equal Opportunity Employer
Town of Vinton values each individual’s civil rights and intends to provide equal opportunity and
equitable service for the citizens of this Town. As a recipient of federal funds, Town of Vinton will
conform to Title VI of the Civil Rights Act of 1964 as amended, and all related statutes, regulations, and
directives, which provide that no person shall be excluded from participation in, denied benefits of, or
subjected to discrimination on the grounds of race, color, age, sex, sexual orientation, gender identity,
disability, national origin, religion, income status, or limited English proficiency. Town of Vinton further
assures every effort will be made to ensure nondiscrimination in all of its programs and activities,
regardless of whether those programs and activities are federally funded.
All Town of Vinton employees are expected to consider, respect and observe nondiscrimination laws and
Town of Vinton’s Nondiscrimination policies in their daily work responsibilities and interactions with
other employees and the public. Town of Vinton employees should work to prevent and alleviate any
barriers to service or public use that would restrict public access or usage and take prompt and reasonable
action to avoid or minimize discrimination incidences. If another employee or citizen approaches with a
question, concern or complaint regarding discrimination, please refer them to Town of Vinton’s ADA &
Title VI Coordinator:
Donna Collins
ADA & Title VI Coordinator
Human Resources/Risk Management Director
311 S. Pollard Street
Vinton, VA 24179
Office: (540) 983-0604
Fax: (540) 283-6727
E-mail: dcollins@vintonva.gov
Employee Name: ___________________________________ Date: ______________________
(Please Print)
Employee Signature: ________________________________ Dept: _____________________
Employee signature confirms receipt and understanding of Town of Vinton’s Title VI policy.
Page 42 of 43
APPENDIX K
Public Involvement Survey
Page 43 of 43
VOLUNTARY TITLE VI
PUBLIC INVOLVEMENT SURVEY
Town of Vinton, Virginia
Completing this form is voluntary but encouraged. You are not required to provide the
information requested in order to participate in this meeting.
Title VI of the Civil Rights Act of 1964 states that “no person in the United States shall on the
ground of race, color, or national origin be excluded from participation in, be denied benefits of, or
otherwise be subjected to discrimination under any program, service, or activity receiving
federal financial assistance.” As a recipient of federal funds, Town of Vinton must provide
opportunity for the public to comment on programs, projects and activities that may affect them and the
Town. By completing this form, you are helping Town of Vinton to collect statistical data to aid in
assessing the Town’s outreach efforts to those who are affected and/or interested in Town programs,
projects and activities.
If you have any questions or concerns regarding this form, please contact Town of Vinton’s Title VI/ADA
Coordinator, Donna Collins, 311 S. Pollard St., Vinton, VA 24179; Office (540) 983-0604; E-mail
dcollins@vintonva.gov; fax (540) 283-6727.
Please fold and place the completed survey in the box provided or you may mail, E-mail, or fax
to the Title VI Coordinator. Thank you for your participation!
Meeting attended:
□ Council Meeting ☐ Commission Meeting ☐ Other:______________________
Gender: ☐ Female ☐ Male Ethnicity: ☐ Hispanic or Latino ☐ Not Hispanic or Latino
☐ USA ☐ Other
Race: ☐ American Indian or Alaska Native ☐ Asian ☐ Black or African-American
□ Native Hawaiian or Other Pacific Islander ☐ White ☐ Multiracial
☐ 1-21 ☐ 22-40 ☐ 41-65 ☐ 65+ Disability: ☐ Yes ☐ No
Household income:
□ 0 - $12,000 ☐ $12,001 - $24,000 ☐ $24,001 - $36,000
□ $36,001 - $48,000 ☐ $48,001 - $60,000 ☐ $60,001 +
Comments:
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
MARCH 3, 2020, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON,
VIRGINIA
RESOLUTION TO AUTHORIZE PREPARATION AND SUBMITTAL OF
THE TOWN OF VINTON TITLE VI IMPLEMENTATION PLAN TO
VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT).
WHEREAS, the Town of Vinton has actively pursued and received Virginia Department of
Transportation (VDOT) funds that are funded through the Federal Highway Administration
(FHWA) for its greenways and road improvement projects; and
WHEREAS, the Town of Vinton, as a Local Public Agency (LPA) and a recipient of federal-aid
funding, is required to fulfill the provisions of Title VI of the Civil Rights Act of 1964, 49 Code
of Federal Regulation (CFR) Part 21, 23 CFR Part 200 and other applicable directives; and
WHEREAS, these provisions provide that no person in the United States shall, on the grounds
of race, color or national origin be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program or activity for which a LPA receives
federal assistance; and
WHEREAS, as a recipient of federal-aid and other types of funding, the Town of Vinton strives
to achieve nondiscrimination in all its programs and activities whether or not those programs and
activities are federally funded; and
WHEREAS, these efforts to prevent discrimination will address, but not be limited to, a
program’s impact upon access, benefits, participation, treatment, services, contracting
opportunities, training opportunities, investigation of complaints, allocation of funds, prioritization
of projects, and the functions of right-of-way, research, planning, design, construction, and project
development; and
WHEREAS, Town of Vinton will ensure that every manager, supervisor, employee, and sub-
recipient of federal-aid funds administered by the LPA is aware of and applies the intent and spirit
of Title VI of the Civil Rights Act of 1964 and other nondiscrimination authorities in performing
assigned duties; and
WHEREAS, every employee and representative of Town of Vinton shall perform all official
duties and actions in full accord with Title VI of the Civil Rights Act of 1964, applicable statutes,
executive orders, regulations, and policies enunciated in the Town of Vinton Title VI
Implementation Plan.
2
NOW, THEREFORE, BE IT RESOLVED, that the Vinton Town Council has authorized the
Town Manager or his authorized agent to develop the Title VI Implementation Plan identified
herein for Town Council’s approval and adoption prior to the submittal to Virginia Department of
Transportation Civil Rights Division.
BE IT FURTHER RESOLVED, that the Vinton Town Council does hereby approve and adopt
the Town of Vinton Title VI Implementation Plan.
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
March 3, 2020
Department
Public Works
Issue
Public Works Committee
Summary
The Public Works Committee met on February 27, 2020 and the following items were discussed
at the meeting:
• Right-of-Way Ordinance
• Paving
• Cardboard Collection
• CIP
Attachments
None
Recommendations
No action required
Town Council
Agenda Summary