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Home My WebLink About5/17/2022 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, May 17, 2022 AGENDA Consideration of: A. 6:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM B. MOMENT OF SILENCE C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D. UPCOMING COMMUNITY EVENTS/ANNOUNCEMENTS E. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS F. CONSENT AGENDA 1. Consider approval of minutes of the Regular Meeting of May 3, 2022 2. Consider adoption of a Resolution appropriating $25,654.00 from CESF Grant Revenue Account to the CESF Grant Expenditure Account for overtime accrued due to the Coronavirus in the Police Department 3. Consider adoption of a Resolution appropriating $2,767.00 from LOLE FFY18 Grant Revenue Account to the LOLE FFY18 Grant Expenditure Account for the Police Department to purchase 23 Streamlight Stinger flashlights 4. Consider adoption of a Resolution appropriating $2,582.00 from LOLE FFY19 Grant Revenue Account to the LOLE FFY19 Grant Expenditure Account for the Police Department to purchase a locker cabinet to store riot gear G. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS 1. Police Department Swearing-In Ceremony for Officer Shepherd – Chief Drumond/Captain Lawless/Town Clerk 2. Proclamations: a. National Public Works Week (May 15-21) – Bo Herndon b. Business Appreciation Month – Town Manager Bradley E. Grose, Mayor Sabrina M. McCarty, Vice Mayor Keith N. Liles, Council Member Laurie J. Mullins, Council Member Michael W . Stovall, Council Member Vinton Municipal Building 311 South Pollard Street Vinton, VA 24179 (540) 983-0607 2 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. Overview of Town Manager’s Recommended Budget for FY2022-2023 – Town Manager 2. ITEMS REQUIRING ACTION a. Consider adoption of a Resolution authorizing the Town Manager to execute a Performance Agreement to accept a $50,000 Virginia Brownfield’s Restoration and Economic Development Assistance Fund (VBAF) grant from the Virginia Resources Authority (VRA), the Virginia Economic Development Partnership (VDEP) and the Virginia Department of Environmental Equality (VDEQ) for a Soil Study, Groundwater Study and Sub-slab Vapor Conditions Study for the Vinton Drycleaners Property located at 100 West Virginia Avenue – Town Manager 3. PROJECT UPDATES/COMMENTS K. REPORTS FROM COMMITTEES 1. Finance Committee – Cody Sexton L. COUNCIL M. MAYOR N. ADJOURNMENT NEXT COMMITTEE/TOWN COUNCIL MEETINGS: May 17, 2022 - 3:30 p.m. – Finance Committee Meeting – TOV Conference Room – postponed from May 9, 2022 June 7, 2022 – 10:00 a.m. – Tour of Western Virginia Water Authority facilities – Carvins Cove June 7, 2022 – 2:00 p.m. – Special Called Council Meeting – Council Chambers June 7, 2022 – 6:00 p.m. – Regular Council Meeting – Council Chambers June 13, 2022 – 3:00 p.m. – Finance Committee Meeting – TOV Conference Room NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. efforts will be made to provide assistance or special arrangements to qualified individuals with disabilities in order to participate in or attend Town Council meetings. Please call (540) 983-0607 at least 48 hours prior to the meeting date so that proper arrangements may be made. Meeting Date May 17, 2022 Department Town Clerk Issue Consider approval of minutes of the Regular Meeting of May 3, 2022 Summary None Attachments May 3, 2022 minutes Recommendations Motion to approve minutes Town Council Agenda Summary 1 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 6:00 P.M. ON TUESDAY, MAY 3, 2022, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA MEMBERS PRESENT: Bradley E. Grose, Mayor Sabrina McCarty, Vice Mayor Keith N. Liles Laurie J. Mullins Michael W. Stovall STAFF PRESENT: Pete Peters, Town Manager Cody Sexton, Assistant Town Manager Susan N. Johnson, Executive Assistant/Town Clerk Jeremy Carroll, Town Attorney Fabricio Drumond, Police Chief Tim Lawless, Police Captain Jamie Hurt, Capital Projects Manager The Mayor called the meeting to order at 6:00 p.m. The Town Clerk called the roll with Council Member Liles, Council Member Mullins, Council Member Stovall, Vice Mayor McCarty and Mayor Grose present. Roll call After a Moment of Silence, Harper Dibble led the Pledge of Allegiance to the U.S. Flag. announcements, Vice Mayor McCarty announced the following: May 7 – 11:00 a..m.-12 Noon – Dulcimer Concert – Vinton History Museum; May 30 – Museum Closed for Memorial Day; June 4 – First Saturday Community Ice Cream Social – Vinton History Museum. comment Festival. Under requests to postpone, add to or change requested to add another Proclamation as Item C under Section 2. Proclamations. their consensus to add the additional item. Council Member Liles made a motion to approve the motion was seconded by Vice Mayor McCarty and voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Approved minutes of the Regular Meeting of April 19, 2022 The next item on the agenda was the swearing- in ceremony for Officer Jesse Dibble. The Town 2 Dibble. After Harper Dibble, daughter of Officer Dibble presented him with his badge Lawless made comments. The next item under awards, introductions, presentations and proclamations was a proclamation for National which Chief Drumond made brief comments. The second proclamation was for GBS/CIDP Awareness Month. Vice Mayor McCarty commented on the Proclamation following which Rick Forney, the GBS/CODP Mid-Atlantic made brief comments. The third proclamation that was added to the agenda was for Professional Municipal Clerks Week. The Town Manager read the Proclamation, which recognized the Town Clerk. The Mayor commented that Jim Cooper and Ethan Cooper were in attendance and Ethan merit badge toward his Eagle Scout award. The next item on the agenda was to consider adoption of a Resolution awarding a construction engineering, management and inspection services Bicycle and Pedestrian Accommodations Project – 5th Street to Town's West Limits. Anita McMillan commented that the Proposals (RFP) for these services was advertised on October 22, 2021. proposals and a Selection Committee interviewed each firm and recommended contract to WRA. All of the documents have been reviewed by the Town Attorney. The contract is for ten months, but they are hopeful that the project can be completed in eight months. The contract price is not to exceed $255,200. Construction bids were due on May 5th, but have been extended to May 10th. Council Member Stovall made a motion to adopt the Resolution as presented; the motion was seconded by Council Member Mullins and carried Adopted Resolution No. 2494 construction engineering, management and inspection services contract and authorizing the Town Manager to execute the contract 3 voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. 5th Street to Town's West Limits The next item on the agenda was to consider Manager to execute a Parking Lot Lease and Real Property Purchase Right of First Refusal between David S. McClung, II and the Town for Avenue, Vinton, Virginia. The Town Manager first commented that Council was briefed matter at their February 15, 2022 meeting. The lease is for ten years for the purpose of developing a parking l downtown businesses as well as our community events. available for sale. Jamie Hurt, our Capital Projects Manager, will be managing this project. property is slightly less than 1-1/2 acres. The initial purchase price is $400,000, which is based on the assessed value. The lease will increase by 2.5% annually and there is a mechanism to calculate the purchase price because there is an escalator built in so that the property values continue to increase over time. does have renewal terms and if the Town should decide to keep the lease in place, we can continue refusal. However, the Town Manager has the expectation as some point of exercising that right. The Town Manager further commen formula to exercise the right to purchase is spelled out in the document for the initial ten years and if we extend the lease with an option to purchase the property later, that is also spelled out. Council Member Mullins adopt the Resolution as presented; the motion was seconded by Vice Mayor McCarty and carried by Vote 5-0; Yeas (5) – Liles, McCarty, Grose; Nays (0) – None. Adopted Resolution No. 2495 authorizing the Lease and Real Property Purchase Right of First Refusal between David S. McClung, II and the Town for approximately 1.463 acres located at 7 Walnut Avenue, Vinton, Virginia Council Members and the Mayor commented on the success of the Dogwood Festival and Arbor 4 Council Member Mullins made a motion to adjourn the meeting; the motion was seconded by Council Member Liles and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) APPROVED: _________________________________ Bradley E. Grose, Mayor ATTEST: _________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date May 17, 2022 Department Police Issue Consider adoption of a Resolution appropriating $25,654.00 from CESF Grant Revenue Account to the CESF Grant Expenditure Account for overtime accrued due to the Coronavirus in the Police Department. Summary On December 27, 2021 the Department of Criminal Justice Services (DCJS) approved a grant for the Police Department in the amount of $25,654.00, no match required, to be paid out of the Police Department’s operating budget. The Police Department will use these grant funds for overtime accrued due to the Coronavirus. The Finance Committee will review this item at their May 17, 2022 meeting. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, MAY 17, 2022 AT 6:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179. WHEREAS, on December 27, 2021 the Department of Criminal Justice Services (DCJS) approved a grant for the Police Department in the amount of $25,654.00, no match required, to be paid out of the Police Department’s operating budget; and WHEREAS, the Police Department will use these grant funds for overtime accrued due to the Coronavirus; and WHEREAS, it is necessary for the Vinton Town Council to appropriate the funds from the General Fund Revenue Account in the amount of $25,654.00. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the following accounting transaction: BUDGET ENTRY GENERAL LEDGER: 200.25000 ESTIMATED REVENUE $25,654.00 200.25100 APPROPRIATIONS $25,654.00 FROM REVENUE: 250.1003.001 POL – CESF Grant $25,654.00 TO EXPENDITURE: 250.1003.102 POL – CESF Grant $25,654.00 TOTAL $25,654.00 This Resolution was 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 May 17, 2022 Department Police Issue Consider adoption of a Resolution appropriating $2,767.00 from LOLE FFY18 Grant Revenue Account to the LOLE FFY18 Grant Expenditure Account for the Police Department to purchase 23 Streamlight Stinger flashlights. Summary On October 28, 2021 the Department of Criminal Justice Services (DCJS) approved a grant for the Police Department in the amount of $2,767.00, no match required, to be paid out of the Police Department’s operating budget. The Police Department will use these grant funds to purchase 23 Streamlight Stinger Flashlights. The Finance Committee will review this item at their May 17, 2022 meeting. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, MAY 17, 2022 AT 6:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179. WHEREAS, on October 28, 2021 the Department of Criminal Justice Services (DCJS) approved a grant for the Police Department in the amount of $2,767.00, no match required, to be paid out of the Police Department’s operating budget; and WHEREAS, the Police Department will use these grant funds to purchase 23 Streamlight Stinger Flashlights; and WHEREAS, it is necessary for the Vinton Town Council to appropriate the funds from the General Fund Revenue Account in the amount of $2,767.00. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the following accounting transaction: BUDGET ENTRY GENERAL LEDGER: 200.25000 ESTIMATED REVENUE $2,767.00 200.25100 APPROPRIATIONS $2,767.00 FROM REVENUE: 250.1027.001 POL – LOLE FFY18 Grant $2,767.00 TO EXPENDITURE: 250.1027.716 POL – LOLE FFY18 Grant $2,767.00 TOTAL $2,767.00 This Resolution was 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 May 17, 2022 Department Police Issue Consider adoption of a Resolution appropriating $2,582.00 from LOLE FFY19 Grant Revenue Account to the LOLE FFY19 Grant Expenditure Account for the Police Department to purchase a locker cabinet to store riot gear Summary On January 13, 2022 the Department of Criminal Justice Services (DCJS) approved a grant for the Police Department in the amount of $2,582.00, no match required, to be paid out of the Police Department’s operating budget. The Police Department will use these grant funds to purchase a locker cabinet to store riot gear. The Finance Committee will review this item at their May 17, 2022 meeting. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, MAY 17, 2022 AT 6:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179. WHEREAS, on January 13, 2022 the Department of Criminal Justice Services (DCJS) approved a grant for the Police Department in the amount of $2,582.00, no match required, to be paid out of the Police Department’s operating budget; and WHEREAS, the Police Department will use these grant funds to purchase a locker cabinet to store riot gear; and WHEREAS, it is necessary for the Vinton Town Council to appropriate the funds from the General Fund Revenue Account in the amount of $2,582.00. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the following accounting transaction: BUDGET ENTRY GENERAL LEDGER: 200.25000 ESTIMATED REVENUE $2,582.00 200.25100 APPROPRIATIONS $2,582.00 FROM REVENUE: 250.1028.001 POL – LOLE FFY19 Grant $2,582.00 TO EXPENDITURE: 250.1028.716 POL – LOLE FFY19 Grant $2,582.00 TOTAL $2,582.00 This Resolution was 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 May 17, 2022 Department Police Issue 1. Police Department a. Swearing In Ceremony – Officer Shepherd Summary The Town Clerk will assist Chief Drumond in swearing in Grant William Shepherd as a new Officer in the Department. Attachments None Recommendations No Action Required Town Council Agenda Summary Meeting Date May 17, 2022 Department Public Works Issue Proclamation – National Public Works Week Summary The American Public Works Association advocates the recognition and celebration of Public Works Week in all cities, counties, and towns across the U.S. The Week proudly honors the vital contribution Public Works professionals make every day to communities all across North America, and invites the public to celebrate their quiet dedication and crucial influence on our society. From providing water to disposing of solid waste, to maintaining our roads and bridges, removing snow on our roadways or devising emergency management strategies, Public Works services help determine the quality of life of our community. "Ready and Resilient" is the theme for the 2022 National Public Works Week. This year’s theme showcases the superheroes that lie within each and every public works professional. Always READY to serve their communities, and RESILIENT as ever in their abilities to pick themselves up off the ground after encountering challenges. For sixty-two years, this celebration has highlighted the impact that public works has on our daily lives. Our community, 8,000 citizens in the Town and another 5,000 in the East Roanoke County utility service area, depends on the men and women of the public works profession who work tirelessly every day and often at night and on weekends, under all weather conditions with quiet dedication to serve and support our community. Traditionally, the week is recognized by proclamations from the U. S. Senate, U.S. House, and Governor of Virginia. This will be the seventeenth year of celebration in the Town of Vinton. Attachments Proclamation Recommendations Read and present Proclamation Town Council Agenda Summary PROCLAMATION WHEREAS, Public Works services provided in the Town are an integral part of our citizens, institutions, businesses, and industries everyday lives and well-being; and WHEREAS, public support of the importance of effective and efficient Public Works services such as street maintenance, sidewalk repair, solid waste collection, recycling, traffic signal & sign maintenance, snow & ice removal, stormwater collection, water production & distribution, and wastewater collection improves morale and performance of Public Works staff; and WHEREAS, the health, safety, economic growth, and quality of life in our Town greatly depend on these vital Public Works services; and WHEREAS, Public Works staff also provide critical response capabilities, experience, and support in times of emergency; and WHEREAS, the efficiency of the qualified and dedicated people who staff Public Works is positively influenced by the citizens’ attitude and understanding of the important services the staff provides. NOW, THEREFORE, I, Bradley E. Grose, Mayor of the Town of Vinton, and on behalf of Town Council and all our citizens, do hereby proclaim May 15 to May 21, 2022 as NATIONAL PubLIC WORkS WEEk in the Town of Vinton. IN WITNESS WHEREOF, I have set my hand and caused the seal of the Town of Vinton, Virginia to be affixed on this 17th day of May, 2022. Bradley E. Grose, Mayor Meeting Date May 17, 2022 Department Administration Issue Proclamations – Business Appreciation Month Summary This month recognizes all businesses for their contributions to fostering an attractive and prosperous economic environment in the Town of Vinton. Attachments Proclamation Recommendations Read and present Proclamation Town Council Agenda Summary PROCLAMATION WHEREAS, the Town of Vinton is proud to have a dynamic mix of 535 active businesses serving within the Town of Vinton; and WHEREAS, these businesses contribute to the economy through private investment, providing countless employment opportunities for our residents and contribute to the quality of life through access to convenient and quality services and products; and WHEREAS, the Town of Vinton recognizes the essential role our local businesses serve in strengthening our community through their charitable and civic contributions; and WHEREAS, the Town of Vinton recognizes the many leadership roles that the owners and employees of our local businesses serve throughout our community; and WHEREAS, the Town of Vinton recognizes the accomplishments and resilience of entrepreneurs; small, minority and women-owned business, and the major employers that contribute greatly to our economic vitality and the well-being of our citizens. NOW, THEREFORE, I, Bradley E. Grose, Mayor of the Town of Vinton and on behalf of Town Council and all our citizens do hereby proclaim the month of May 2022 as BUSINESS APPRECIATION MONTH in the Town of Vinton and encourages all the citizens to support the many businesses located within the Town and the greater Vinton Community. IN WITNESS WHEREOF, I have set my hand and caused the seal of the Town of Vinton, Virginia to be affixed on this 17th day of May, 2022. Bradley E. Grose, Mayor Meeting Date May 17, 2022 Department Administration Issue Overview of Town Manager’s Recommended Budget for FY2022-2023 Summary The Town Manager will present the overview of the recommended budget that was delivered electronically to Council on Friday, May 13, 2022. The FY2022-2023 proposed budget will also be placed in the Town’s Dropbox and on the Town’s website. Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date May 17, 2022 Department Administration Issue Consider adoption of a Resolution authorizing the Town Manager to execute a Performance Agreement to accept a $50,000 Virginia Brownfield’s Restoration and Economic Development Assistance Fund (VBAF) grant from the Virginia Resources Authority (VRA), the Virginia Economic Development Partnership (VDEP) and the Virginia Department of Environmental Equality (VDEQ) for a Soil Study, Groundwater Study and Sub-slab Vapor Conditions Study for the Vinton Drycleaners Property located at 100 West Virginia Avenue Summary Vinton staff applied for the VBAF Grant in October of 2021 for additional environmental studies for the Vinton Drycleaner property to assist with the redevelopment in concert with the Vinton Hotel Project. The Town was recently notified that our grant request was approved (additional environmental testing) and execution of a Performance Agreement is required to receive the funds and confirm acceptance of the grant requirements associated with the project’s completion. The Town’s existing expenses associated with completed environmental testing and use of the EPA Brownfield Assessment Grant is sufficient to meet the required local match. Attachments Performance Agreement Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary Page 1 of 18 VIRGINIA BROWNFIELDS RESTORATION AND ECONOMIC REDEVELOPMENT ASSISTANCE FUND PROGRAM SITE ASSESSMENT AND PLANNING GRANT PERFORMANCE AGREEMENT Executive Summary Effective Date: January 28, 2022 Grantee: The Town of Vinton, Virginia, a political subdivision of the Commonwealth of Virginia Project: Soil Study; Groundwater Study; & Sub-Slab Vapor Conditions Study Site: Property known as the former Vinton Dry Cleaners property located at 100 West Virginia Avenue, Vinton, Virginia 24179 (Tax Parcel ID # 060.51- 04-33.00) Grant: $50,000 Local Match: $58,033 as detailed in Exhibit A Performance Date: March 31, 2023 Variations: N/A Notices: if to the Grantee: Mr. Richard Peters, Town Manager Town of Vinton, VA 311 South Pollard Street Vinton, VA 24179 Phone: 540-343-1508 Email: rpeters@vintonva.gov [SIGNATURES APPEAR ON FOLLOWING PAGE, FOLLOWED BY BODY OF AGREEMENT] Page 2 of 18 WITNESS the following signatures as of the effective date, each having the same force and effect as if set forth at the end of this agreement. VIRGINIA ECONOMIC DEVELOPMENT PARTNERSHIP AUTHORITY By: ______________________________ Name: Katherine Goodwin Title: Interim Vice President, Incentives Date: ___________________ TOWN OF VINTON, VIRGINIA By: ______________________________ Name: _____________________ Title: _____________________ Date: _____________________ SEEN AND ACKNOWLEDGED: VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY By: ________________________ Name: Kathryn Perszyk Title: Director, Division of Land Protection and Revitalization Date: _____________________ VIRGINIA RESOURCES AUTHORITY By: ________________________ Name: _____________________ Title: _____________________ Date: _____________________ Page 3 of 18 This PERFORMANCE AGREEMENT (this “Agreement”), dated as of the Effective Date, by and between the VIRGINIA ECONOMIC DEVELOPMENT PARTNERSHIP AUTHORITY (“VEDP”), a political subdivision of the Commonwealth of Virginia (the “Commonwealth”), and the GRANTEE identified in the Executive Summary above, recites and provides as follows: Recitals: 1. The Virginia Brownfields Restoration and Economic Redevelopment Assistance Fund (the “VBAF”) was established pursuant to § 10.1-1237 of the Code of Virginia of 1950, as amended (the “Virginia Code”), to promote the restoration and redevelopment of brownfield sites in the Commonwealth and to address environmental problems or obstacles to reuse so that such sites can be effectively marketed to new economic development prospects; 2. The VBAF is administered by the Virginia Resources Authority (“VRA”), and VEDP directs the distribution of grants from the VBAF; 3. VEDP, in consultation with the Virginia Department of Environmental Quality (“DEQ”), has established guidelines for the awarding of Site Assessment and Planning Grants from the VBAF; 4. The Grantee submitted an application for a Site Assessment and Planning Grant (the “Grant”) to assist with the Investment (set forth in Exhibit A attached hereto) being made by or on behalf of the Grantee for the Project at the Site; 5. VEDP, in consultation with DEQ and based upon the VBAF priorities, has awarded the Grant to the Grantee for the Project; 6. VEDP and the Grantee desire to set forth their mutual understanding and agreement as to the payout of the Grant, the use of the Grant proceeds, the obligations of the Grantee, and the repayment by the Grantee of all or part of the Grant proceeds under certain circumstances, all of which shall be governed by this Agreement; and 7. The restoration and redevelopment of brownfield sites and addressing environmental problems or obstacles to reuse of such sites constitutes a valid public purpose for the expenditure of public funds and is the animating purpose in making the Grant: NOW, THEREFORE, in consideration of the foregoing, the mutual benefits, promises and undertakings of the parties to this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree as follows. Page 4 of 18 Section 1. Construction and Definitions. (a) Incorporated Terms: The Executive Summary, signature page and recitals above, and exhibits attached hereto, all constitute integral parts of this Agreement and are hereby incorporated by reference. (b) Variations: To the extent any terms and conditions set forth in the Variations section of the Executive Summary, if applicable, conflict with the terms and conditions set forth below, the terms and conditions set forth in the Variations section of the Executive Summary shall prevail. (c) Definitions: As used in this Agreement, terms set forth in the first column of the Executive Summary shall have the meanings ascribed thereto in the second column, and the following terms shall have the following meanings: “Asbestos Abatement Report” means a report in the form of Exhibit C attached hereto, to be delivered by the Grantee in accordance with Section 4(c) (if applicable). “Grant Report” means a report in the form of Exhibit B attached hereto, to be delivered by the Grantee in accordance with Section 4(b). “Investment” means expenditures by or on behalf of the Grantee associated with the Project, including the Grant proceeds and the Local Match, to be made in accordance with Exhibit A attached hereto. “Local Match” means the required one-to-one match by the Grantee of the amount of the Grant from public and/or private sources in either cash or documented reasonable and necessary costs associated with the Project, to be included in the Investment, as identified in the Executive Summary and Exhibit A attached hereto. “Performance Date” means the date designated as such in the Executive Summary, which is the date by which the Grantee expects to have completed the Project. If VEDP, in consultation with DEQ, deems that good faith and reasonable efforts have been made and are being made by the Grantee to complete the Project, the Performance Date may be extended by up to 15 months and the date to which the Performance Date has been extended shall be the “Performance Date” for the purposes of this Agreement. Section 2. The Grant. (a) The Grant: VEDP, in consultation with DEQ and based upon the VBAF priorities, has awarded the Grant to the Grantee for the Project. (b) Disbursement: Promptly after the full execution and delivery of this Agreement, VEDP will forward a fully-executed copy of this Agreement to VRA, together with a direction to Page 5 of 18 disburse the full amount of the Grant in one lump sum to the Grantee, by wire transfer in accordance with the ACH instructions previously provided by the Grantee. (c) Use of Grant Proceeds: The Grantee will expend the proceeds of the Grant only as permitted by § 10.1-1237 of the Virginia Code and as part of the Investment in accordance with Exhibit A attached hereto. Section 3. Investment. (a) Investment: The Grantee expects to make the Investment and complete the Project on or before the Performance Date. As the Project is undertaken, adjustments to the Investment may be needed. Except for de minimis adjustments (impacting, in the aggregate, less than 10% of the Grant proceeds), adjustments to the Investment require the prior written approval of VEDP and must be reflected on a revised Exhibit A provided to VEDP. (b) Local Match: The Grantee will contribute the required Local Match toward the Investment on or before the Performance Date. Section 4. Reporting. (a) Interim Reports: The Grantee shall provide an interim report on the progress of the Project at such times as VEDP and DEQ may request. (b) Grant Report: Promptly after completion of the Project, the Grantee will deliver the Grant Report to VEDP. Such report must be completed, signed by an authorized representative of the Grantee, and have copies of invoices and all other required supporting documentation attached. (c) Asbestos Abatement Report (if Applicable): If the Project involves the removal of asbestos-containing material, the Grantee will, promptly after completion of the Project, deliver the Asbestos Abatement Report to VEDP. Such report must be completed, signed by an authorized representative of the Grantee, and have all required supporting documentation attached. (d) Status Reports: After the Performance Date, at such times as VEDP and DEQ may request, the Grantee shall provide a written detailed report satisfactory to VEDP and DEQ providing an update on the Site, including whether (i) the Site was successfully marketed to a new economic development prospect, and (ii) the Project generated any additional private investment and job creation. (e) Costs of Reporting: The costs of reporting shall be borne by the Grantee. Page 6 of 18 Section 5. Repayment Obligations. (a) If Investment is Less than Expected: If the Grant Report indicates that the Grantee was able to complete the Project for less than the expected Investment, such that the amount of the Grant proceeds exceeds the Local Match or the Grantee will not need all of the Grant proceeds previously disbursed to the Grantee, the Grantee must repay to VEDP an amount equal to the excess amount or the amount of the Grant proceeds no longer required. (b) If Grant Proceeds are Misspent: If the Grant Report indicates, or any evidence gathered by VEDP reveals, that any Grant proceeds have been expended on anything other than the Investment, the Grantee must repay to VEDP the amount so misspent. (c) Failure to Complete by Performance Date: If it is determined that the Grantee is unable to complete the Project and expend the Grant proceeds by the Performance Date and the Performance Date is not extended, the Grantee must repay to VEDP the unspent proceeds of the Grant as of the Performance Date. (d) Repayments to Fund: VEDP will provide written notification to the Grantee if any repayment is due from the Grantee to VEDP under this Agreement. Within 60 days of receiving such notification, the Grantee will make the repayment to VEDP, subject to appropriation. Any repayment received by VEDP will be promptly transferred by VEDP to the VRA for redeposit to the VBAF. Section 6. Notices. Formal notices and communications among the parties shall be given either by (i) personal service, (ii) delivery by a reputable document delivery service that provides a receipt showing date and time of delivery, (iii) mailing utilizing a certified or first class mail postage prepaid service of the United States Postal Service that provides a receipt showing date and time of delivery, or (iv) delivery by email with transmittal confirmation and confirmation of delivery, addressed as noted below. Notices and communications personally delivered or delivered by document delivery service shall be deemed effective upon receipt. Notices and communications mailed shall be deemed effective on the second business day following deposit in the United States mail. Notices and communications delivered by email shall be deemed effective the next business day, not less than 24 hours, following the date of transmittal and confirmation of delivery to the intended recipient. Such written notices and communications shall be addressed to: if to the Grantee: [see Executive Summary] if to VEDP, to: with a copy to: Virginia Economic Development Partnership Virginia Economic Development Partnership One James Center, Suite 900 One James Center, Suite 900 901 East Cary Street 901 East Cary Street Page 7 of 18 Richmond, Virginia 23219 Richmond, Virginia 23219 Email: kellett@vedp.org Email: jcanup@vedp.org Attention: Director of Compliance Attention: Assistant General Counsel Section 7. Miscellaneous. (a) Compliance with Laws: The Grantee hereby agrees that all proceeds of the Grant shall be used for the Investment, and all work and activities associated with the Project will be performed and conducted in full compliance with all applicable laws, rules, and regulations. (b) Entire Agreement; Amendments: This Agreement constitutes the entire agreement between the parties hereto as to the Grant, and may not be amended or modified, except in writing, signed by each of the parties hereto. This Agreement shall be binding upon and i nure to the benefit of the parties hereto and their respective successors and assigns. The Grantee may not assign its rights and obligations under this Agreement without the prior written consent of VEDP. (c) Governing Law; Venue: This Agreement is made, and is intended to be performed, in the Commonwealth and shall be construed and enforced in accordance with the laws of the Commonwealth. Jurisdiction and venue for any litigation arising out of or involving this Agreement shall lie in the Circuit Court of the City of Richmond, and such litigation shall be brought only in such court. In the event this Agreement is subject to litigation, each party shall be responsible for its own attorneys’ fees. (d) Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be an original, and all of which together shall be one and the same instrument. (e) Severability: If any provision of this Agreement is determined to be unenforceable, invalid, or illegal, then the enforceability, validity and legality of the remaining provisions will not in any way be affected or impaired, and such provision will be deemed to be restated to reflect the original intentions of the parties as nearly as possible in accordance with applicable law. [SIGNATURES APPEAR ON PAGE 2] Exhibit A: Investment Exhibit B: Form of Grant Report Exhibit C: Form of Asbestos Abatement Report Page 8 of 18 EXHIBIT A INVESTMENT Scope of Work: Soil Study; Groundwater Study; & Sub-Slab Vapor Conditions Study Project Budget: [ATTACHED] Town of Vinton Vinton Dry Cleaners Site, 100 West Virginia Avenue FY 2022 VBAF Assessment & Planning Grant Application ATTACHMENTS FY 2022 Virginia Brownfields Assistance Fund (VBAF) Site Assessment and Planning Grant Application Town of Vinton Vinton Dry Cleaners Site 100 West Virginia Avenue, Vinton (Roanoke County), VA October 10, 2021 ATTACHMENT III-3 – PROJECT BUDGET (APPLICATION EXHIBIT B) Page 10 of 18 EXHIBIT B FORM OF GRANT REPORT [ATTACHED] Page 11 of 18 VIRGINIA BROWNFIELDS RESTORATION AND ECONOMIC REDEVELOPMENT ASSISTANCE FUND PROGRAM SITE ASSESSMENT AND PLANNING GRANT GRANT REPORT Project Summary Grantee: The Town of Vinton, Virginia, a political subdivision of the Commonwealth of Virginia Site: Property known as the former Vinton Dry Cleaners property located at 100 West Virginia Avenue, Vinton, Virginia 24179 (Tax Parcel ID # 060.51-04-33.00) Grant Amount: $50,000 Effective Date of Performance Agreement: January 28, 2022 Performance Date: March 31, 2023 Project Report 1. Project Summary. Provide a brief summary of the outcome of the Project: Page 12 of 18 2. Adjustments to Scope of Work. In the table below, report any adjustments to the scope of work for the Project (as set forth in Exhibit A to the Performance Agreement) and associated costs (or check the box if no adjustments were made). ☐ There were no adjustments to the Scope of Work for the Project. ADJUSTMENTS TO SCOPE OF WORK FOR PROJECT Scope of Work Adjustment Budget Source Local Match EPA Grant Share VBAF Grant Share TOTAL $____________ $____________ $____________ $____________ 3. Enhanced Value. Provide assessment values for the Site before the Grant and after completion of the Project: Before Grant After Project Completion Assessed Property Value: $____________ $____________ 4. Reports. Attach complete copies of all studies and reports performed and obtained in connection with the Project. Such studies and reports will be subject to review and requests for supporting documentation and additional materials. Page 13 of 18 5. VRP Enrollment. The Site is enrolled in the Virginia Voluntary Remediation Program (the “VRP”) (check appropriate box): Yes ☐ No ☐ 6. Invoices. Attach complete copies of all invoices for the Project. 7. Site Photographs. Attach before and after photographs of the Site. CERTIFICATION BY A REPRESENTATIVE OF THE GRANTEE: By my signature below, I hereby certify that: (i) I have examined this Grant Report and the information provided is true, correct, and complete in all respects, and all required documentation is attached; (ii) data collected with respect to the Site reflects certification by the Virginia Division of Consolidated Laboratory Services (DCLS) Virginia Environmental Laboratory Accreditation Program (VELAP); (iii) if the Site is not enrolled in the VRP, the Project has met appropriate standards of care for reuse of the Site in accordance with the VRP, and the Grantee will maintain all records for facilitating potential future brownfields revitalization of th e Site, to demonstrate appropriate care, and to facilitate potential future enrollment in the VRP if necessary; (iv) the Grant proceeds have been used exclusively for the Project in accordance with the Performance Agreement, and any unused Grant proceeds will be promptly repaid to VEDP; (v) the Grantee is delivering a signed and complete Asbestos Abatement Report simultaneously with this Grant Report (if applicable); and (vi) all work and activities associated with the Project were performed and conducted in full compliance with all applicable laws, rules, and regulations. WITNESS the following signature. Grantee: TOWN OF VINTON, VIRGINIA Submitted by: ________________________________________ _______________ Signature of Official Title Name: __________________________________________ Print Name Date: _________________________ Page 14 of 18 EXHIBIT C FORM OF ASBESTOS ABATEMENT REPORT [ATTACHED] [MAY OR MAY NOT APPLY CHECK APPLICATION AND LEAVE IN REGARDLESS] Page 15 of 18 Asbestos Abatement Report 1. Introduction and Project Description. Provide a brief summary of the asbestos abatement portion of the Project and its outcome (based on the Asbestos Survey Report): 2. Notifications. In the space below, describe any notifications received from the Environmental Protection Agency (EPA) and/or the Virginia Occupational Health and Safety Compliance Program (VOSH) (or check the box if no such notifications were received). ☐ No such notifications were received in connection with the Project. Page 16 of 18 3. General Observations. In the space below, provide any general observations of which the VBAF Review Committee should be aware regarding the asbestos and any lead paint abatement processes for this Project. 4. Air Monitoring Reports. In the space below, generally summarize the findings set forth in the Asbestos Air Monitoring Report(s) obtained in connection with this Project, including any abatement and clearance. 5. Special Waste Shipments. In the space below, summarize any special waste shipments associated with the Project, including the identity of any hauling contractors involved. Page 17 of 18 6. Waste Disposal. In the space below, report the total quantities of waste materials that required or require disposal in connection with the Project, and identify landfills utilized. 7. Attachments. Complete copies of all of the following Project documents must be labeled and attached to this Asbestos Abatement Report in the following order: Attachment Description A Accreditation Documentation (DPOR Licenses) B Site Map (Abatement Locations) C Daily Field Reports (Abatement Activities) D Asbestos Air Monitoring Reports (PCM) E Asbestos Clearance Reports (TEM) F Photograph Log (Abatement Process) G CDL Licenses (Special Waste Endorsement) H Shipping Documentation (DOT) I Disposal Records (Landfill) J Building Permit Application (City Code Compliance) K Asbestos Survey Report (Type and Location of Asbestos) 8. Note on ACMs and Lead Paint. Projects involving the removal of asbestos-containing materials (ACMs) and lead paint abatement may require specific permitting and licensing requirements and these criteria must be met. Please check with the Department of Labor and Industry at 804.371.2327 regarding notification requirements and the Department of Professional and Occupational Regulation at 804.367.8595 regarding licensing Page 18 of 18 requirements. Removal of ACMs and lead paint abatement must be conducted pursuant to applicable federal and state laws and regulations, including but not limited to, the National Emission Standards for Hazardous Pollutants (NESHAP), Occupational Safety and Health Administration (OSHA), Residential Lead-Based Paint Hazard Reduction Act of 1992, Toxic Substances Control Act of 1976, VOSH, and Virginia Regulations for Asbestos Emissions Standards for Demolition and Renovation. CERTIFICATION BY A REPRESENTATIVE OF THE GRANTEE: By my signature below, I hereby certify that: (i) I have examined this Asbestos Abatement Report and the information provided is true, correct, and complete in all respects, and all required documentation is attached, and (ii) all work and activities associated with the removal of ACMs and/or lead paint abatement and related to the Project were performed and conducted in all respects in full compliance with all applicable laws, rules, and regulations. WITNESS the following signature. Grantee: TOWN OF VINTON, VIRGINIA Submitted by: ________________________________________ _______________ Signature of Official Title Name: __________________________________________ Print Name Date: _________________________ 1 RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, MAY 17, 2022 AT 6:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179. WHEREAS, the Virginia Brownfields Restoration and Economic Redevelopment Assistance Fund (VBAF) was established pursuant to § 10.1-1237 of the Code of Virginia of 1950, to promote the restoration and redevelopment of brownfield sites in the Commonwealth and to address environmental problems or obstacles to reuse so that such sites can be effectively marketed to new economic development prospects; and WHEREAS, The VBAF is administered by the Virginia Resources Authority (“VRA”), and the VEDP directs the distribution of the grants from the VBAF; and WHEREAS, VEDP, in consultation with the Virginia Department of Environmental Quality (DEQ), has established guidelines for the awarding of Site Assessment and Planning Grants from the VBAF; and WHEREAS, the Town of Vinton submitted an application for a Site Remediation Grant to assist with redevelopment efforts of the Vinton Drycleaner Property located at 100 West Virginia Avenue; and WHEREAS, VEDP, in consultation with DEQ and based upon the VBAF Program priorities, has awarded the Grant to the Town of Vinton for the Project; and WHEREAS, VEDP and the Town of Vinton desire to set forth their understanding and agreement as to the payout of the Grant, the use of the Grant proceeds, the obligations of the Grantee, and the repayment by the Grantee of all or part of the Grant under certain circumstances; and WHEREAS, the restoration and redevelopment of brownfield sites and addressing environmental problems or obstacles to reuse constitutes a valid public purpose for the expenditure of public funds and is the animating purpose in making the Grant. NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE TOWN OF VINTON, VIRGINIA, AS FOLLOWS: 1. The Performance Agreement is hereby approved in a form substantially similar to the one presented to Council and approved by the Town Attorney. 2. The Town Manager is hereby authorized, for and behalf of the Town, to execute and then deliver the Performance Agreement in furtherance of the same. 2 NOW THEREFORE, BE IT FURTHER RESOLVED, that the Vinton Town Council does hereby approve the following accounting transaction: BUDGET ENTRY GENERAL LEDGER: 250.25000 Estimated Revenue $50,000.00 250.25100 Appropriations $50,000.00 FROM REVENUE: 250.1065.001 Brownfield Grant Revenue $50,000.00 TO EXPENDITURE: 250.1065.302 Brownfield Grant Expenditure $50,000.00 TOTAL $50,000.00 This Resolution was 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 May 17, 2022 Department Finance/Treasurer Issue Finance Committee Summary The Finance Committee will meet on May 17, 2022 at 3:30 p.m. and discuss the following items: • March 31, 2022 Financial Statements • Resolution-DCJS Grant overtime accrued due to COVID • Resolution-DCJS Grant to purchase 23 Streamlight Stinger Flashlights • Resolution-DCJS Grant to purchase locker cabinet for riot gear • Public Hearing and Resolution-Amendment to FY2022 budget to appropriate funding for VML Lease purchase pay-offs, VRA bond and street maintenance project • Overview of the FY2022-2023 budget Attachments March 31, 2022 Financial Report Summary Recommendations Motion to approve March 2022 Financial Report Town Council Agenda Summary Financial Report Summary March 31, 2022 Adopted Revised YTD MTD YTD Remaining % Budget Budget Posted Posted Balance YTD General Fund 200 Revenues 8,032,258 5,840,856 1,074,867 6,197,847 356,991 106% Expenditures 8,032,258 6,669,364 672,982 5,649,511 (1,019,853) 85% Revenues over/(under) Expenditures (828,508) 401,885 548,337 Grant Fund 250 Revenues 384,800 8,573,935 109,650 4,470,505 (4,103,430) 52% Expenditures 384,800 8,566,015 150,429 519,997 (8,046,017) 6% Revenues over/(under) Expenditures 7,920 (40,779) 3,950,508 Utility Fund 300 Revenues 4,513,595 3,121,085 124,356 3,098,053 (23,032) 99% Expenditures 4,513,595 3,530,600 982,986 3,780,578 249,977 107% Revenues over/(under) Expenditures (409,516) (858,630) (682,525) Capital Fund 400 Revenues 835,000 1,691,239 45,833 412,499 (1,278,740) 24% Expenditures 835,000 1,696,004 73,395 594,572 (1,101,432) 35% Revenues over/(under) Expenditures (4,765) (27,562) (182,073) Stormwater Fund 600 Revenues 414,328 710,622 34,527 310,746 (399,876) 44% Expenditures 414,328 711,446 23,762 389,239 (322,208) 55% Revenues over/(under) Expenditures (825) 10,765 (78,493) Total All Funds Revenues 14,179,981 19,937,736 1,389,234 14,489,650 (5,448,086) 73% Expenditures 14,179,981 21,173,429 1,903,555 10,933,897 (10,239,532) 52% Revenues over/(under) Expenditures (1,235,693) (514,321) 3,555,754