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HomeMy WebLinkAbout10/20/2020 - Regular1 Vinton Town Council Regular Meeting Tuesday, October 20, 2020 at 7:00 p.m. PARTICIPATION WILL BE BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED, ORDINANCE NO. 1016 AND SECTION 4-0.01(G) OF CHAPTER 1289 OF THE 2020 ACTS OF THE VIRGINIA GENERAL ASSEMBLY The Vinton Town Council will hold its regular meeting at 7:00 p.m. on Tuesday, October 20, 2020, using electronic communication means without the public being present in the Council Chambers. Participation by Council members, staff, and the public will only be available through electronic means. The public will have access to observe this regular meeting of Town Council through a livestream on the Town’s Facebook page at www.facebook.com/vintonva. Citizens may register to speak at this Council Meeting by calling the Town Clerk’s Office at 540-983-0607 or sending an email to sjohnson@vintonva.gov by 12 Noon on Monday, October 19, 2020. Once registered, the citizen who wishes to address Council will be provided the Zoom meeting information and will be allowed to join the meeting and address Town Council by electronic means. AGENDA Consideration of: A. CALL TO ORDER B. CONFIRMATION THAT MEETING IS BEING HELD IN ACCORDANCE WITH ORDINANCE NO. 1016 AND SECTION 4-0.01(G) OF CHAPTER 1289 OF THE 2020 ACTS OF THE VIRGINIA GENERAL ASSEMBLY AND ROLL CALL C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG E. UPCOMING COMMUNITY EVENTS/ANNOUNCEMENTS F. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS G. CONSENT AGENDA 1. Consider approval of the minutes: a. Regular Council Meeting of August 18, 2020 b. Regular Council Meeting of September 1, 2020 c. Regular Council Meeting of September 15, 2020 d. Special Called Council Meeting of September 29, 2020 Sabrina M. McCarty, Vice Mayor Keith N. Liles, Council Member Laurie J. Mullins, Council Member Michael W. Stovall, Council Member Vinton Municipal Building 311 South Pollard Street Vinton, VA 24179 (540) 983-0607 2 2. Consider adoption of a Resolution appropriating funds in the amount of $23,980.00 from the ATF Forfeitures Restricted Account through the Re-Appropriated Fund Balance account to the Police Department Operating Budget Maintenance and Repairs to purchase Eagle 3 mounted radars. 3. Consider adoption of a Resolution appropriating funds in the amount of $7,314.40 from the DCJS Restricted Fund Balance Account to the Police Department Operating Budget Maintenance and Repair of Equipment for the purchase of a new Sally Bay Door. 4. Consider adoption of Resolution appropriating funds in the amount of $2,918.38 from Revenue Account Recoveries and Rebates to the Police Department Operating Budget Maintenance and Repair of Equipment for repairs to two police vehicles. 5. Consider adoption of Resolution appropriating funds in the amount of $150.00 received from First Baptist Church to the Police Department Operating Budget Employee Appreciation to purchase meals for the Police Department. 6. Consider adoption of a Resolution transferring funds in the amount of $35,000 from the Valley Metro Transportation account in the General Fund to the Council Special Project account and the Building Maintenance account for updates to the Council Chambers and Municipal Building. 7. Consider adoption of an Ordinance accepting and appropriating funds in the amount of $706,693 from the Commonwealth of Virginia for the second locally-based allocation distributed as a component of the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 H. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS 1. Recognition of Elaine Bays-Murphy, Director of Cable Access (RVTV-3) 2. Police Department 2019 Awards – Chief Drumond I. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. J. PUBLIC HEARING 1. Consideration of public comments regarding approving a Small Cell Franchise Agreement and Master License Agreement between the Town of Vinton and Cox Wireless Access, LLC, for the placement of small cell facilities throughout the Town of Vinton. a. Open Public Hearing • Report - Town Attorney • Receive public comments • Council discussion and questions b. Close Public Hearing c. Action to be taken on November 3, 2020 2. Consideration of public comments on the proposed Community Development Block Grant (CDBG) application to be submitted to the Virginia Department of Housing and Community Development (DHCD) for the Town of Vinton Cedar Ave and W. Cleveland Ave Housing and Community Infrastructure Rehabilitation Program a. Open Public Hearing 3 • Report from Staff – Nathan McClung • Receive public comments • Council discussion and questions b. Close Public Hearing c. Consider adoption of a Resolution K. TOWN ATTORNEY L. TOWN MANAGER 1. BRIEFINGS 1. Further discussion on NLC Service Line Warranty Program and ServLine Leak Protection Program – Anne Cantrell 2. ITEMS REQUIRING ACTION 3. PROJECT UPDATES/COMMENTS M. REPORTS FROM COUNCIL COMMITTEES 1. Economic Development Committee – Pete Peters 2. Finance Committee – Anne Cantrell 3. Public Works Committee – Joey Hiner N. MAYOR O. COUNCIL P. CLOSED SESSION 1. Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 (A) (1) of the 1950 Code of Virginia, as amended: a. for discussion regarding appointments to boards and commissions b. for discussion and consideration of the assignment, duties and performance of the Interim Chief of Police. Q. RECONVENE AND ADOPT CERTIFICATION OF CLOSED MEETING R. ADJOURNMENT NEXT COMMITTEE/TOWN COUNCIL MEETINGS: November 3, 2020 – 7:00 p.m. – Regular Council Meeting NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. efforts will be made to provide assistance or special arrangements to qualified individuals with disabilities in order to participate in or attend Town Council meetings. Please call (540) 983-0607 at least 48 hours prior to the meeting date so that proper arrangements may be made. 4 November 10, 2020 – 9:00 a.m. – Finance Committee Meeting November 18, 2020 – 8:30 a.m. – Public Works Committee Meeting Meeting Date October 20, 2020 Department Town Clerk Issue Consider approval of the minutes: a. Regular Council Meeting of August 18, 2020 b. Regular Council Meeting of September 1, 2020 c. Regular Council Meeting of September 15, 2020 d. Special Called Council Meeting of September 29, 2020 Summary None Attachments August 18, 2020 minutes September 1, 2020 minutes September 15, 2020 minutes September 29, 2020 minutes Recommendations Motion to approve minutes Town Council Agenda Summary 1 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, AUGUST 18, 2020, AT 7:00 P.M. BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED, AND ORDINANCE NO. 1016 MEMBERS PRESENT: Bradley E. Grose, Mayor Sabrina McCarty, Vice Mayor Keith N. Liles Laurie J. Mullins Michael W. Stovall STAFF PRESENT: Pete Peters, Acting Town Manager/Director of Economic Development Susan N. Johnson, Executive Assistant/Town Clerk Jeremy Carroll, Town Attorney Anne Cantrell, Finance Director/Treasurer Fabricio Drumond, Interim Police Chief Donna Collins, Human Resources Director/Risk Manager Anita McMillan, Planning & Zoning Director Brandon Gann, Financial Services Analyst Nathan McClung, Principal Planner The Vinton Town Council meeting was held via Virginia Government Facebook Page. The Mayor The Town Clerk called the roll with Council Member Liles, Council Member Mullins Member Stovall, Vice Mayor McCarty Grose present announced the names of staff and others present, confirmed that the meeting 2020 Reconvened Session of the Virginia General participating by electronic means. Roll call After a Moment of Silence, Council Member Liles led the Pledge of Allegiance to the U.S. Flag. Under upcoming community events/ announcements, Vice Mayor McCarty announced the following: August 22 - 7-10:00 p.m. – Mingle at the Market with Seven Mile Ford – Farmers’ Market; September 12 – 7-10:00 p.m. – Mingle at the Market with Harddrive Crew – Farmers’ Market; September 26 - 7-10:00 p.m. – Mingle at 2 Market and September 17 – Vinton Chamber of Commerce Golf Tournament – Botetourt. Stovall Tournament and the possibility of postponing it to Festival. Council Member Stovall made a motion to seconded by Council Member Liles and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Grose; Nays (0) – None. Approved minutes of the Regular Council Meeting of July 21, 2020; adopted Resolution No. 2373 approving the amended Title VI of the Civil Rights Act Implementation Plan The next item on the agenda was a briefing on Policy current Purchasing Policy since 2013. The changes that are being proposed manner. Current purchase benefits received from collecting multiple quotes on smaller items does not outweigh the cost and staff time in seeking out those additional quotes. Mr. Gann next which was a part of the agenda package and will be on permanent record. The Acting Town Manager commented the item was discussed with the Finance Committee and the The next item on the agenda was to consider adoption of an Ordinance permanently abandoning, vacating, and deeding an unnamed 12’ right-of-way to Longwood Apartments, LLC. Nathan McClung first commented that the original plat for the Midway Land Company in 1989 referred to Block No. 5. In Street to Bell Street was vacated by Ordinance No. 381. selling the property and the title search provide any concrete proof that the alley running east to west had been vacated. 3 on the plat that the alley was vacated, it was never properly done by an Ordinance. 15.2-2272.1 since the extent of Block 5 through a Deed of Vacation. Staff is recommending Deed. The T because we are using Section 15.2-2 around the vacated alley, Public Hearing. Council Member Liles made a motion to adopt the Ordinance as presented; the motion was seconded by Council Member Mullins and carrie following roll call vote, with all members voting: with all members voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Adopted Ordinance No. 1020 permanently unnamed 12’ right-of- Apartments, LLC The next item on the agenda was to consider adoption of a Resolution adopting the new Town of Vinton Employee Handbook. commented that Handbook. The previous handbook was updated in November of 2008 and takes into consideration 2020. One addition to the original draft was the 2001 Council approved Em Recognition Policy which was added as Addendum H. Council Member Mullins seconded by Council Member Stovall voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Adopted Resolution No. 2374 adopting the new Town of Vinton Employee Handbook The Acting Town Manager next commented that Development (DHCD). had a strong funding due to reallocating some towards COVID- 4 approximately $7 million. The Town had applied for $1.4 million of that total award. We have requested a debriefing with DHCD to review our application to gain some insight on where we could make some improvements and be more competitive at the next grant cycle. They are anticipating a second-round application cycle in were not used throughout the year and intend to reapply. The Acting Town Manager next commented that another allocation of funding from the CARES Act which brings our total to approximately $1.4 million Staff has been working extremely hard and this has touched every aspect of our local government. Mr. Peters next commented Department has established a process to work with Roanoke County. Because the recipient of the grant funds and we are the sub- recipient, for payment. Also, we have to obtain pre-approval with our auditors to make sure that the projects we are submitting meet the requirements of the CARES Act. O coordinating all of the contractors/vendors, keeping track of the different projects meeting with contractors overseeing the building rehab and remodeling projects in all of our facilities. Police Department and Council Chambers. We are making a significant upgrade to software to allow us to be teleworking when necessary or during an emergency and assist with teleworking so we do not have to be in community. Other items relate to water meter replacement and radio read antennas cons Act funding to who were on the front-line during this difficult time. 5 Under reports from Council Committees, the Acting Economic Development Committee met on August 12, 2020 and then reviewed Clerk’s Office as a part of the permanent record solicitation from an adjacent business owner about business and that the second slide showed what a potential concept of that space might look like. The Committee provided feedback on the proposal and he has reached back out to the business owner for their consideration. Mr. Peters next commented showing the proposed Gish Mill project. A $250,000 grant application was submitted for a DHR Grant to help stabilize the structure and a $600,000 application for an IRF Grant to be administered in the form of a loan to the developer to help rehab and renovate the structure. If we are successful in receiving these funds, it would almost assuredly allow us to move forward with the project and we are optimistic that we will get the funding. Mr. Peters next commented on slides showing the progress of Vinyard Station. The project is still on landscaping in late September. The owner o restaurant is considering using the War Memorial to do a job fair to hire 35- underway for the space you see on the slide as well as the former parts component. Mr. Peters next also discussed the Billy Byrd Annex. Through the EPA Assessment Grant, the Phase I lead paint and provide some information that the developer would want to move forward and submit a formal proposal Chief Drummond next provided a report on the Joint Public Safety/Highway Safety Committee 6 discuss a traffic concern by a resident of 130 Cedar Avenue and a request to have stop signs placed at the intersections of both 2nd Street and Cedar and 2nd make both of those intersections four-way stops. statistics from the Police Department applied to the intersection of 2nd Street and Cedar Avenue relating to speeding and crashes. The Department had recently installed the electronic speed limit signs on 2nd Hiner, Public Works Director, discussed recent road enhancements to 2nd Street of double-yellow striping from Walnut to Virginia Avenue, placement of two additional speed limit signs directions and stop bars at Virginia and Walnut Avenues. Mr. Varney from the Virginia Department of Transportation (VDOT) discussed roadway tendencies along with citizen accountability Varney’s comments illustrated that generally installing four-way stop signs does not alleviate the problem or but may actually stress the issue further increasing traffic-relevant concerns. Chief Drummond next commented that both Committees recommended be placed on both 2nd and 3rd Streets the quantity of traffic on the roadways. VDOT will be installing them for a week to allow a comparison since they are both truck routes. Anne Cantrell next provided a report on the Finance Committee Ms. Cantrell next reviewed a PowerPoint Ms. Cantrell commented that real estate, personal property and sales taxes, business license, VLF and interest income all came in above budget as of June 2020. Communications sales and use, bank stock and pari-mutuel taxes and fines and charges for services missed the mark. We had appropriated $500,000, but it looks like we may have to dip into the fund balance around $3- from the fund balance this year. 7 Mr. Cantrell next commented on debt set-off program. Each November the Finance Department sends a claim file to the St have outstanding bills for personal property and real estate taxes and utility bills. When those individuals file their State taxes throughout the year and there is a match on their Social Security Number, it puts a hold on their refund and we there is an amount still owed. Brandon Gann is in $48,000 in revenue and as of this year we have received $74,891 and processed 1,465 claims This does not include the 500 that he has handled that have already been paid or came to pay in the office to avoid the admin fee. Council Member Stovall made a motion to approve the May 2020 Financial Report motion was seconded by Council Member Mullins and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Approved May 2020 Financial Report The Mayor commented that Council wants to always adhere to the current rules and regulations that are in effect and we want our citizens and staff to be as safe as possible; however, we had to have two meetings in Council Chambers recently. The July 7th following the May elections. At that meeting we are and re- have them sign their Oaths of Office in person. At our July 16th m Interim Police Chief and have them sign their Oaths of Office in person. that were necessary at those two meetings. For meetings such as tonight when our business items are pretty general in nature, having them electronic during the Pandemic is preferred abundance of caution. The Mayor next expressed appreciation to staff and commented on Council Member Liles recent birthday. Comments from Council Members: Vice Mayor McCarty expressed appreciation to staff; Council Member Mullins commented on Vinyard Station; Council Member Stovall commented on the Finance Committee meeting and 8 beneficial to our citizens. Council Member Liles also expressed appreciation to staff and how they have pandemic and that he is very excited about all of the going on around Vinton. Council Member Liles made a motion to adjourn the meeting; the motion was seconded by Council Member Stovall 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 1 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, SEPTEMBER 1, 2020, AT 7:00 P.M. BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED, AND ORDINANCE NO. 1016 MEMBERS PRESENT: Bradley E. Grose, Mayor Sabrina McCarty, Vice Mayor Keith N. Liles Laurie J. Mullins Michael W. Stovall STAFF PRESENT: Pete Peters, Acting Town Manager/Director of Economic Development Susan N. Johnson, Executive Assistant/Town Clerk Jeremy Carroll, Town Attorney Anne Cantrell, Finance Director/Treasurer Fabricio Drumond, Interim Police Chief Donna Collins, Human Resources Director/Risk Manager Joey Hiner, Public Works Director Chasity Barbour, Community Programs & Facilities Director The Vinton Town Council meeting was held via Virginia Government Facebook Page. The Mayor The Town Clerk called the roll with Council Member Liles, Council Member Mullins Member Stovall, Vice Mayor McCarty Grose present announced the names of staff and others present, 2020 Reconvened Session of the Virginia General participating by electronic means. Roll call After a Moment of Silence, Council Member Liles led the Pledge of Allegiance to the U.S. Flag. Under upcoming community events/ announcements, Vice Mayor McCarty announced the following: September 12 – 7-10:00 p.m. – Mingle at the Market with Harddrive Crew – Farmers’ Market; September 17 – Chamber of Commerce Golf Tournament – Botetourt Golf & Swim; September 26 - 7-10:00 p.m. – 2 p.m.- Fall Festival; October 6 – 6-8:00 p.m. – National Night Out – Center and October 10 – Mingle at the Market with The Oddfellows Band – 7-10:00 p.m. – Farmers’ Market. Angie Chewning with the Vinton Chamber gave commented that the Chamber prepared 600 goodie bags for the teachers; updated the Menu book and distributed 200 and has commissioned a Vinton print with Red Bubble for items that be purchased directly on the website. Ms. Chewning Virginia’s Blue Ridge that they would stay in compliance with the CDC guidelines. the Chamber is offering all downtown businesses a free spot in front of their business and there has to participate. Ms. Barbour then gave an update the CDC guidelines during the Festival. With regard to the Christmas Parade, Ms. Vintage Vinton, a unique drive-through Christmas Parade. All parade entries will be stationary along the parade route and vehicles will similar to the Elks Home in Bedford. Food trucks will be at the line-up stations on Highland and the ballfield behind Billy Byrd Apartments. Individuals will also be asked to decorate their vehicles and they will be judged as well as the floats. Vinton Baptist Church will be decorating the storefronts prior to the parade. 2021. Under awards, introductions, presentations and proclamations, Anne Cantrell commented that the Town has received the Reporting for Fiscal Year Ended June 30, 2019 for the 24th year. The next item on the agenda was a briefing on the National League of Cities Residential Water and 3 Sewer Service Line Warranty and Water Loss Protection Program. Anne Cantrell first commented that the Virginia Municipal League had reached out to the Town at the beginning of the year regarding localities. She then turned the meeting over to Jim Golden and Jenna Hazelet and they PowerPoint presentation, which was agenda package and will be on Clerk’s Office as a part of the permanent record. The Mayor asked if the $2,500 mentioned referred to an adjustment in the water bill and responded that was correct. The Mayor next asked if there would be a waiting period once the program is implemented. Mr. Golden responded there is a 30- signs up to prevent someone from signing up to just go in and repair The Mayor next commented that would sign up for the program, the property owner or the tenant and who would benefit from it. Mr. Golden respo protection program, it would usually be the homeowner that would ultimately, they will be paying the bill. With regard to the water loss program, Ms. Hazelet responded that the individual whose name is on the water bill participate or not. The Mayor then asked how would the billing be handled and responded that marketing and billing for the service line Ms. Hazelet responded that the water loss program would be billed each month on the water bill. Each individual can opt out of the program at any time and come back at any time with a 30-day waiting period. Council Member Stovall commented this is a great program and opportunity because it is a sticker shock when you find out that you have a break. Also, most individuals just want the leak fixed program that repair the whole line. Council Member sewer and internal plumbing it would be 4 Council Member Liles commented that the program wo the education piece and reiterated Council Member shock. programs are very intriguing to her and should speak to first- wished she would have had it when she purchased her first home several years ago in Vinton and the Town definitely needs to offer it to our citizens. Mr. Peters commented that Ms. Cantrell will provide some additional information to Council on the rate structure of the programs that were presented this evening. The next item on the agenda was to consider adoption of a Resolution adopting the new Town of Vinton Purchasing Policy. reviewed the key components of the Policy. Council Member Stovall made a motion to adopt the Resolution as presented; the motion was seconded by Council Member Liles Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Adopted Resolution No. 2375 adopting the new Town of Vinton Purchasing Policy The next item on the agenda was to consider Agreement with Tyler Technologies, Inc. for Munis Software. Anne Cantrell commented that they currently have this software in a limited capacity for taxes and cashiering relating to that system and that it is During the time period of Finance Department was fully teleworking, there were instances where we were not able to get utility bill account balances for weeks go fully remote because our current software does not have an option for employees to log in and get their pay stubs and leave balances. allow a portal for employees where they can log in and get that information. It will also cover utility billing, enhance some of the different billing options that we can provide and will allow citizens to pay all 5 of their bills at one counter instead of having to separate. Because the full conversion will take approximately 18-20 months, we will not be able to accomplish the full software conversion by December 30; however, we have worked with the company to do a lot of the billing by December 30. Approximately $115- 150,000 of the cost will be covered by the CARES Act, which will leave us with approximately $150,000 for the Town to cover. Council know that the balance will be a part of the CIP budget for FY2022. Mr. Peters commented this is on which will expedite the procurement process. Vice Mayor McCarty Resolution as presented; the motion was seconded by Council Member Mullins Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Mr. Peters expressed appreciation to Council for their approval of this purchase. It became apparent during the COVID-19 Pandemic that o financial software package is quite antiquated and the software will make th more efficient and probably expand their abilities in ways we are not even sure yet that exist. Adopted Resolution No. 2376 authorizing and Services Technologies, Inc. for Munis Software The next item on the agenda was to consider funds and Gratitude Bonus from the General Fund up to the Fund up to the amount of $15,377.80 and from the Stormwater Fund up to the amount of $5,958.43. breakdown of the hazard pay and gratitude bonus by groups of employees, sources. With regard to the awarded leave, Ms. Collins commented that the amount of funds to work with for the gratitude bonus for employees. In order to equal out what we were able to do under the CARES Act for t safety officers, it was awarded leave would be given to those employees to be used through December of 2021. This covers th th 6 this year. If there were any employees that did not work that entire time period, then an adjustment will be made to allocate that accordingly. employees for all of the hard work they have done, especially during this time and that it is great for the sacrifices and adjustments that each of them have had to make personally and professionally. Vice Mayor McCarty Ordinance as presented; the motion was seconded by Council Member Liles Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Mr. Peters expressed appreciation on behalf of the Adopted Ordinance No. 1021 authorizing Hazard Pay up to the amount of $48,443.00 amount of $24,025.00, from the Utility Fund up to the amount of $15,377.80 and from the Stormwater Fund up to the amount of $5,958.43 The Acting Town Manager next commented that at the September 15th funding from the CARES Act, which will Town’s total up to $1.4 million. With regard to the Housing Rehab Grant that we were not successful DHCD and we learned some valuable information and realize that we are not very far off from getting funding. We are going to polish up our application and resubmit in late October. If we are successful in this second application cycle, we could be able to get underway in early Spring. With regard to the extension construction, this portion wi fields and will mea Greenway and terminate at the park. Phase IIB will that is already completed. Mr. Peters next commented that the crosswalks at completed 7 within the next 30 days those two intersections will become active. Roanoke County and Health are coordinating some public COVID testing dates to be held in Vinton with more details to come. The first tentative date is September 21st take place as a drive through testing location at the Vinton War Memorial. Mr. Peters expressed appreciation to Public Works for their work on Walnut Avenue on some stormwater infrastructur potential for high water this past weekend. In closing, Mr. Peters commented that staff in several bills that are potential concerns for the Town particularly with Public Safety and will provide updates to Council. The Mayor commented that this month on the inside cover of the Virginia Town and City Committee that won the Management Leadership Award. conducted in compliance with the restrictions and regulations of the CDC. Also, the CA funding that the Town has received cannot be spent to pay off debt. T economy during this difficult time and that is what it is doing by having those funds flow through the Town to other businesses and contractors. Comments from Council Members: Vice Mayor McCarty expressed appreciation to Angie Chewning and Chasity Barbour place in the community in the upcoming months; and commented on the Mayor’s update provided by Mr. Peters that was very informative. Council Member Liles again expressed appreciation to staff for all they have done during the COVID pandemic. Stovall expressed appreciation for those who worked on bonus for staff and adding the weeks’ vacation to show how much we appreciate our employees. All 8 her team and the Safety Committee on their awards. Council Member Mullins made a motion to adjourn the meeting; the motion was seconded by Council Member Stovall following vote, with all members voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None Regular Meeting adjourned APPROVED: ________________________________ Bradley E. Grose, Mayor ATTEST: ______________________________ Susan N. Johnson, CMC, Town Clerk 1 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, SEPTEMBER 15, 2020, AT 7:00 P.M. BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED, AND ORDINANCE NO. 1016 MEMBERS PRESENT: Bradley E. Grose, Mayor Sabrina McCarty, Vice Mayor Keith N. Liles Laurie J. Mullins Michael W. Stovall STAFF PRESENT: Pete Peters, Acting Town Manager/Director of Economic Development Susan N. Johnson, Executive Assistant/Town Clerk Jeremy Carroll, Town Attorney Anne Cantrell, Finance Director/Treasurer Fabricio Drumond, Interim Police Chief Joey Hiner, Public Works Director Chasity Barbour, Community Programs & Facilities Director The Vinton Town Council meeting was held via Zoom with Virginia Government Facebook Page. The Mayor The Town Clerk called the roll with Council Member Liles, Council Member Mullins Member Stovall, Vice Mayor McCarty Grose present announced the names of staff and others present, Amendment 28 to House Bil 2020 Reconvened Session of the Virginia General participating by electronic means. Roll call After a Moment of Silence, Council Member Liles led the Pledge of Allegiance to the U.S. Flag. announcements, Vice Mayor McCarty announced the following: September 8 – 7-10:00 p.m. - Berglund Center Presents "Play at Home Concert Series", featuring True Cadence livestream - Farmers' Market; September 26 - 7-10:00 p.m. – Mingle at the Market with Adam Rutledge – Farmers’ Market; October 3 - 10:00 a.m.-4:00 p.m.- Fall Festival; October 6 – 6-8:00 p.m. – 2 10 – Mingle at the Market with The Oddfellows Band – 7-10:00 p.m. – Farmers’ Market. Vice Mayor McCarty next asked for an update on this year’s Downtown Trick or Treating Barbour responded that instead of trick or treating, there will be a movie night on the lawn at the War Memorial. Vinton Baptist Church will be providing the prepackaged popcorn, water and juice and the tentative start time would be 7:00 p.m. The some contests. Pete Peters commented that the Town does not regulate door-to- treating and individuals would need decision if they want to hand out candy or go door- to-door with their children. The Mayor next commented that last week he had the pleasure of meeting Judah Clements, who is only six years old and Lemonade. explaining how Judah’s business got started and that all of his proceeds benefit the Angels of Assisi and Chasity Barbour also Judah is also selling. The next item on the agenda was to consider adoption of a Resolution Roanoke County for the Use of CARES Act Funds the total of both agreements to $1,413,386.00. The Agreement confirms that the funds would only be used on qualifying expenses as defined by the CARES Act. Any would be incurred by December 30th. The Town Attorney has reviewed the Agreement and County Board of Supervisors would officially approve it at their meeting next week. Council Member Stovall made a motion to adopt the Resolution as presented; the motion was seconded by Vice Mayor McCarty and carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Adopted Resolution No. 2377 authorizing Use of CARES Act Funds 3 The next item on the agenda was to consider adoption of a Resolution with Core & Main LP and Software as a Service and Spectrum Lease Agreement with Sensus USA Inc. for a fixed based meter reading system Cantrell commented that staff has identified that this Our auditors and Roanoke County. This project was originally delayed due to the fact that we had an 80% revenue loss from one of our top ten water customers. Staff had Davenport & Company to complete an analysis to continue into Phase II of the project because we are not going to be able to implement all of the meters by December 30th. The goal is to upgrade all of the business accounts employees without physically having to go out and read the meters more apparent that we need to move forward on this project because we still have citizens and exposed to possible risks. The bid had already been completed and we already recommends that Council authorize the Town Manager to sign the Contract which would allow us approves the second CARES Act Agreement. Council Member Liles made a motion to adopt the Resolution as presented; the motion was seconded by Council Member Mullins Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Adopted Resolution No. 2378 authorizing the Town Manager to execute Project Agreement with Core & Main LP and Software as a Service and Spectrum Lease Agreement with Sensus USA Inc. for a fixed based meter reading system The Acting Town Manager gave an update on the Staff has begun to work on the plan, but the primary focus right now is the CARES Act funding. We are going to be able to accomplish several of the items that Council had identified in the Strategic Plan sooner than we originally anticipated CARES Act funding such as the software update, meter replacements and improvements facilities. projects to get them 4 the first of the year, the Strategic Plan goals and objectives will be updated and a work session will be scheduled with Council. commented on his latest Mayor’s Updates provided to Council and asked if there were any questions. The Mayor first expressed appreciation to Town staff for all they are doing. He then commented on the December 3rd that it will be a reverse parade with the entries being stationary and vehicles driving through. Mr. Peters commented that a press release went out today and he would send a copy to Council. Comments from Council Members: Vice Mayor McCarty estate Council Members Liles and Mullins expressed appreciation to Town staff. Council Member Stovall also commented that Vinton is the best place to live He also expressed thanks to everyone that met with Christmas parade. Council Member Liles made a motion to adjourn the meeting; the motion was seconded by Council Member Stovall with all members voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None The meeting was adjourned at 7:55 p.m. Regular Meeting adjourned APPROVED: ________________________________ Bradley E. Grose, Mayor ATTEST: ______________________________ Susan N. Johnson, CMC, Town Clerk MINUTES OF A SPECIAL CALLED MEETING OF VINTON TOWN COUNCIL HELD AT 5:30 P.M. ON TUESDAY, SEPTEMBER 29, 2020 AT THE VINTON WAR MEMORIAL, LOCATED AT 814 WASHINGTON AVENUE, 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, Acting Town Manager/Director of Economic Development Fabricio Drumond, Interim Police Chief The Mayor called the meeting to order at 5:30 p.m. Mr. Peters called the roll with Council Member Liles, Council Member Mullins, Council Member Stovall, Vice Mayor McCarty and Mayor Grose present. Vice Mayor McCarty made a motion that Council go into a Closed Meeting pursuant to § 2.2-3711 A (1) of the 1950 Code of Virginia, as amended, to discuss and consider the assignment, duties and performance of the Interim Chief of Police. 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) – None. Council went into Closed Meeting at 5:35 p.m. At 7:53 p.m., the regular meeting reconvened and the Certification that the Closed Meeting was held in accordance with State Code requirements was approved on motion by Council Member Liles, seconded by Council Member Mullins and carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Council Member Liles made a motion to adjourn the meeting; the motion was seconded by Vice Mayor McCarty and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. The meeting was adjourned at 7:54 p.m. APPROVED: ________________________________ Bradley E. Grose, Mayor ATTEST: ___________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date October 20, 2020 Department Police Issue Consider adoption of a Resolution appropriating funds in the amount of $23,980.00 from the ATF Forfeitures Restricted Account through the Re-Appropriated Fund Balance account to the Police Department Operating Budget Maintenance and Repairs to purchase Eagle 3 mounted radars Summary The Police Department’s current radar units are over 20 years old and beginning to have operational errors. Kustom Signals has offered the Police Department a Certificate of Discount to purchase Eagle 3 mounted radars, said discount to expire on September 20, 2020. It is necessary for Council to appropriate funds from the ATF Forfeitures Restricted Account through the Re-Appropriated Fund Balance account 200.1899.008 in the amount of $23,980.00 to the Police Department Operating Budget Maintenance and Repairs 200.3101.304 for said purchase. 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, OCTOBER 20, 2020, AT 7:00 P.M., BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED WHEREAS, the Police Department’s current radar units are over 20 years old and beginning to have operational errors; and WHEREAS, Kustom Signals has offered the Police Department a Certificate of Discount to purchase Eagle 3 mounted radars, said discount to expire on September 20, 2020; and WHEREAS, it is necessary for the Vinton Town Council to appropriate funds from the ATF Forfeitures Restricted Account through the Re-Appropriated Fund Balance account 200.1899.008 in the amount of $23,980.00 to the Police Department Operating Budget Maintenance and Repairs 200.3101.304. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the following transaction: BUDGET ENTRY: GENERAL LEDGER 200.25000 Estimated Revenue $23,980.00 200.25100 Appropriations $23,980.00 FROM REVENUE: 200.1899.008 Re-Appropriated Fund Balance $23,980.00 TO EXPENDITURE: 200.3101.304 Maintenance & Repairs $23,980.00 TOTAL $23,980.00 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 October 20, 2020 Department Police Issue Consider adoption of a Resolution appropriating funds in the amount of $7,314.40 from the DCJS Restricted Fund Balance Account to the Police Department Operating Budget Maintenance and Repair of Equipment for the purchase of a new Sally Bay Door. Summary The mechanism holding up the Sally Bay door in the Police Department has failed, is beyond the point of repair and needs to be replaced as it is at risk of falling and causing serious bodily harm or damage to property. Because of the safety concerns, the Town Manager has determined that the repair would fall under the guidelines of an emergency purchase and Cox Garage Doors has been selected to install a new Sally Bay overhead rolling steel door. It is necessary for the Vinton Town Council to appropriate the funds from the DCJS Restricted Fund Balance Account in the amount of $7,314.40 to the Police Department Operating Budget Account Number 200.3101.304 – Maintenance and Repair of Equipment to purchase said Sally Bay Door. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary 1 RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, OCTOBER 20, 2020, AT 7:00 P.M., BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED WHEREAS, the mechanism holding up the Sally Bay door in the Police Department has failed, is beyond the point of repair and needs to be replaced as it is at risk of falling and causing serious bodily harm or damage to property; and WHEREAS, because of the safety concerns, the Town Manager has determined that the repair would fall under the guidelines of an emergency purchase and Cox Garage Doors has been selected to install a new Sally Bay overhead rolling steel door; and WHEREAS, in order for the installation work to be completed, it is necessary for Council to appropriate the funds from the DCJS Restricted Fund Balance Account in the amount of $7,314.40 to the Police Department Operating Budget Account Number 200.3101.304 – Maintenance and Repair of Equipment. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the following accounting transaction and authorizes the Police Department to pay for the installation of the new Sally Bay door: BUDGET ENTRY: GENERAL LEDGER 200.25000 Estimated Revenue $7,314.40 200.25100 Appropriations $7,314.40 FROM REVENUE: 200.1899.008 Re-Appropriated Fund Balance $7,314.40 TO EXPENDITURE: 200.3101.304 Maintenance & Repairs $7,314.40 TOTAL $7,314.40 This Resolution was adopted on motion made by Council Member ____________, seconded by Council Member _________________, with the following votes recorded: 2 AYES: NAYS: APPROVED: ______________________________ Bradley E. Grose, Mayor ATTEST: ______ Susan N. Johnson, CMC, Town Clerk Meeting Date October 20, 2020 Department Police Issue Consider adoption of Resolution appropriating funds in the amount of $2,918.38 from Revenue Account Recoveries and Rebates to the Police Department Operating Budget Maintenance and Repair of Equipment for repairs to two police vehicles. Summary On August 6, 2020, Unit 1132 was damaged and on August 7, 2020, Unit 1133 was damaged, both during a collision with a deer. The proper insurance filings were made to the Virginia Risk Sharing Association (VRSA) and has been received into the Revenue Account 200.1901.001 – Recoveries and Rebates in the amount of $2,918.38. It is necessary for the Vinton Town Council to appropriate the funds from the Revenue Account 200.1901.001 – Recoveries and Rebates in the amount of $2,918.38 to the Police Department Operating Budget Account Number 200.3101.304 – Maintenance and Repair of Equipment for said vehicle repairs. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary 1 RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, OCTOBER 20, 2020, AT 7:00 P.M., BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED WHEREAS, on August 6, 2020, Unit 1132 was damaged and on August 7, 2020, Unit 1133 was damaged, both during a collision with a deer; and WHEREAS, the proper insurance filings were made to the Virginia Risk Sharing Association (VRSA) and has been received into the Revenue Account 200.1901.001 – Recoveries and Rebates in the amount of $2,918.38; and WHEREAS, in order for the repair work to be completed, it is necessary for the Vinton Town Council to appropriate the funds from the Revenue Account 200.1901.001 – Recoveries and Rebates to the Police Department Operating Budget Account Number 200.3101.304 – Maintenance and Repair of Equipment. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the following transaction: BUDGET ENTRY GENERAL LEDGER: 200.25100 Appropriations $2,918.38 200.25000 Estimated Revenue 2,918.38 FROM REVENUE: 200.1901.001 Recoveries and Rebates $2,918.38 TO EXPENDITURE: 200.3101.304 Maintenance & Repair of Equipment $2,918.38 TOTAL $2,918.38 This Resolution was adopted on motion made by Council Member ____________, seconded by Council Member _________________, with the following votes recorded: AYES: NAYS: 2 APPROVED: ______________________________ Bradley E. Grose, Mayor ATTEST: ______ Susan N. Johnson, CMC, Town Clerk Meeting Date October 20, 2020 Department Police Issue Consider adoption of Resolution appropriating funds in the amount of $150.00 received from First Baptist Church to the Police Department Operating Budget Employee Appreciation to purchase meals for the Police Department. Summary First Baptist Church made a donation to the Vinton Police Department in the amount of $150.00 to purchase meals for the officers. It is necessary for Council to appropriate the funds from the Revenue Account 200.1899.016 – POL - Donations to the Expenditure Account – 200.3101.591 – Employee Appreciation. 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, OCTOBER 20, 2020, AT 7:00 P.M., BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED WHEREAS, First Baptist Church made a donation to the Vinton Police Department in the amount of $150.00 to purchase meals for the officers; and WHEREAS, the donation has been received into the Revenue Account 200.1899.016 – POL - Donations in the amount of $150.00; and WHEREAS, it is necessary for the Vinton Town Council to appropriate the funds from the Revenue Account 200.1899.016 – POL - Donations to the Expenditure Account – 200.3101.591 – Employee Appreciation. 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 $150.00 200.25100 APPROPRIATIONS $150.00 FROM REVENUE: 200.1899.016 POL - DONATIONS $150.00 TO EXPENDITURE: 200.3101.591 EMPLOYEE APPRECIATION $150.00 TOTAL $150.00 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 October 20, 2020 Department Treasurer/Finance Department Issue Consider adoption of a Resolution transferring funds in the amount of $35,000 from the Valley Metro Transportation account in the General Fund to the Council Special Project account and the Building Maintenance account for updates to the Council Chambers and Municipal Building. Summary The Greater Roanoke Transit Company (GRTC) Board has elected to waive local fares due to the pandemic and the ability to use federal CARES funding specific for transit. The Board does not anticipate collecting fees from the localities until early 2021. Staff is conservatively estimating an annual savings of $35,000 due to the action taken by the GRTC Board. Town Staff is recommending to re-allocate the available budget to complete needed upgrades to the Town Council Chambers and Municipal Building that are associated with renovations as a result of the COVID-19 Pandemic. These additional re-allocated funds will cover renovations that are not eligible for CARES Act funding. 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, OCTOBER 20, 2020, AT 7:00 P.M., BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED WHEREAS, the Greater Roanoke Transit Company (GRTC) Board has elected to waive local fares due to the pandemic and ability to use federal CARES Funding specific for transit; and WHEREAS, the Town of Vinton has identified several supplementary building upgrade projects for the Council Chambers and Municipal Building that are associated with alterations being made as a result of the COVID-19 Pandemic, although are not eligible for CARES Act funds; and WHEREAS, the Town of Vinton would like to re-allocate available budget from the Valley Metro Transportation account to the Council Special Projects and Building Maintenance. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the following accounting transaction and authorizes the Town Manager to transfer $35,000.00: BUDGET ENTRY: FROM EXPENDITURE: 200.8160.309 Valley Metro Bus Services $35,000.00 TO EXPENDITURE: 200.1100.709 Council Special Projects $10,187.00 200.4304.350 Building Maintenance $24,813.00 TOTAL $35,000.00 This Resolution adopted on motion made by Council Member , seconded by Council Member , with the following votes recorded: AYES: NAYS: APPROVED: Bradley E. Grose, Mayor ATTEST: _____________________________________ Susan N. Johnson, CMC, Town Clerk 1 Meeting Date October 20, 2020 Department Administration Issue Consider adoption of an Ordinance accepting and appropriating funds in the amount of $706,693 from the Commonwealth of Virginia for the second locally-based allocation distributed as a component of the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 Summary Congress passed and the President recently signed the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020. This Act provides funding for a number of different programs to address the COVID-19 pandemic. A primary component of the CARES Act is $150 billion in assistance to state, local, territorial, and tribal governments for the direct impact of the COVID-19 pandemic through the establishment of the Coronavirus Relief Fund (CRF). Allocations were sent to states based on population. Each state received 55 percent of its share based on total state population and the remaining 45 percent was based on the local populations of each state’s cities and counties. On July 28, 2020, Roanoke County's was notified that its second allocation of funds would be 1.1035% or $8,217,365. Counties must ensure that an equitable share of the CRF funds it receives are shared with and granted to each town within its jurisdiction. The County of Roanoke has agreed to share with the Town of Vinton a percentage of the second allocation of the CARES Act funds received based on the Town Population to the County Population, which would amount to 8.60% or $706,693. Attachments Ordinance Recommendations Motion to adopt Ordinance Town Council Agenda Summary 1 ORDINANCE NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, OCTOBER 20, 2020, AT 7:00 P.M. BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED WHEREAS, in response to the present Coronavirus pandemic, on April 7, 2020, the Vinton Town Council confirmed the Town Manager’s declaration of state of emergency effective March 16, 2020, subsequent to declarations of states of emergency by the President of the United States and the Governor of Virginia; and WHEREAS, following such declarations of emergency, the United States Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which established a $150 billion Coronavirus Relief Fund (CRF) to assist state, local, territorial and tribal governments with direct costs associated with the Coronavirus pandemic; and WHEREAS, Virginia’s allocation of these funds is $3.1 billion; and WHEREAS, on July 28, 2020, the Virginia Secretary of Finance notified Roanoke County that its second allocation of funds made available through the CARES Act is $8,217,365; and WHEREAS, Counties must ensure that an equitable share of the CRF funds it receives are shared with and granted to each town within its jurisdiction; and WHEREAS, the County of Roanoke has agreed to share with the Town of Vinton a percentage of the second allocation of CARES Act funds received based on the Town Population to the County Population, which would amount to 8.60% or $706,693; and WHEREAS, these funds may be used only for qualifying expenses; the CARES Act provides that payments from the CRF may only be used to cover costs that 1) are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus disease; 2) were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act); and 3) were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020. NOW, THEREFORE, BE IT ORDAINED that the Vinton Town Council hereby approves the following: 1. That the sum of $706,693 will be set aside in the County of Roanoke’s Grant Fund for the Town of Vinton in the Coronavirus Aid, Relief, and Economic Security Act, and is formally accepted by the Town of Vinton; and 2 2. The sum of $706,693 is hereby appropriated to the Town’s Grant Fund to account for entries required for the Coronavirus Aid, Relief, and Economic Security Act. NOW, THEREFORE, BE IT FURTHER ORDAINED that the Vinton Town Council does hereby approve the following transaction: BUDGET ENTRY GENERAL LEDGER: 250.25100 Appropriations $706,693 250.25000 Estimated Revenue $706,693 FROM REVENUE: 250.1100.001 CARES ACT Revenue $706,693 TO EXPENDITURE: 250.1100.553 CARES ACT Expenditures $706,693 This Ordinance shall take effect from and after passage. This Ordinance 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 October 20, 2020 Department Council Issue Recognition of Elaine Bays-Murphy, Director of Cable Access (RVTV-3) Summary Elaine Bays-Murphy retired from RVTV-3 on October 1, 2020. Council will recognize her at the meeting Attachments None Recommendations None Town Council Agenda Summary Meeting Date October 20, 2020 Department Police Issue Police Department 2019 Awards Summary Chief Drumond will make comments regarding the following 2019 Awards for the Police Department: • Traffic Safety Award • Traffic Safety DUI Award • Leadership Award • Officer of the Year Attachments None Recommendations No action required Town Council Agenda Summary 1 Meeting Date October 20, 2020 Department Town Attorney Issue Consideration of public comments regarding approving a Small Cell Franchise Agreement and Master License Agreement between the Town of Vinton and Cox Wireless Access, LLC, for the placement of small cell facilities throughout the Town of Vinton. Summary On November 14 and November 21, 2019, a Request for Proposals (RFP) for a non-exclusive, long-term franchise to use and occupy the Town’s public rights-of-ways and properties, for the purpose of constructing, installing, and maintaining wireless communication facilities and infrastructure was advertised in The Vinton Messenger. At the December 3, 2019, Council meeting, the bid opening was held and only one bid was received from Cox Communications. At that meeting, Town Attorney Mike Lockaby briefed Council on a proposed Ordinance for changes to Appendix B, Zoning of the Town Code in order for the Town to be in compliance with the current State Code and the Federal Communications Commission (FCC) regulations and on December 17, 2020, Council adopted said Ordinance. Planning and Zoning staff prepared a draft of the Small Cell Design Guidelines which was made available to the Planning Commission for their review and comments. The guidelines were also discussed by Town Council at their meeting on February 28, 2020. The Guidelines have now been completed and a copy is attached. The Town Attorney has worked with Cox Communications to finalize a Small Cell Franchise Agreement and Master License Agreement, both of which are attached. Town Council Agenda Summary 2 Attachments Small Cell Design Guidelines Proposed Wire Communications Facilities Master License & Pole Attachment Agreement Proposed Non-Exclusive Wireless Facilities Franchise Agreement Recommendations Conduct Public Hearing Action to be taken on November 3, 2020 TOWN OF VINTON SMALL CELL INFRASTRUCTURE DESIGN GUIDELINES January 2020 Vinton Small Cell Infrastructure Guidelines, March 2020 2 Table of Contents 1. INTRODUCTION _______________________________________________________________ 3 1.1 PURPOSE _______________________________________________________________________ 3 1.2 GOALS _________________________________________________________________________ 3 FIG. 1.1 MACRO CELL VS. SMALL CELL _____________________________________________________________3 1.3 DEFINITIONS ____________________________________________________________________ 4 2. GUIDELINES FOR NEW SMALL CELL INFRASTRUCTURE ________________________________ 5 2.1 PLACEMENT PREFERENCES _________________________________________________________ 5 PROXIMITY TO OTHER SMALL CELL INFRASTRUCTURE _______________________________________________5 PREFERRED PLACEMENT _______________________________________________________________________5 IMPACTS TO LANDSCAPING ____________________________________________________________________6 2.2 AESTHETIC GUIDELINES ____________________________________________________________ 6 NOISE ______________________________________________________________________________________7 DISPLAY OF SIGNS ON POLES AND ASSOCIATED EQUIPMENT __________________________________________7 FIG. 2.1 SMALL CELL TOWER WITH SEPARATE EQUIPMENT CABINET ____________________________________8 FIG. 2.2 SMALL CELL TOWER WITH EQUIPMENT CABINET INTEGRATED WITH POLE ________________________8 FINISH OF VISIBLE POLES AND ASSOCIATED EQUIPMENT ______________________________________________9 MAINTENANCE OF SMALL CELL INFRASTRUCTURE __________________________________________________9 3. STANDARDS FOR CO-LOCATING ON EXISTING STRUCTURES __________________________ 10 3.1 THIRD PARTY STRUCTURES ________________________________________________________ 10 3.2 TOWN-OWNED STREET LIGHTS _____________________________________________________ 10 3.3 TOWN PARKING FACILITIES ________________________________________________________ 11 Vinton Small Cell Infrastructure Guidelines, March 2020 3 1. INTRODUCTION 1.1 PURPOSE The purpose of these guidelines is to establish general standards, consistent with all applicable state and federal laws, for the design, aesthetics installation, placement, and co-location of small cell infrastructure in the Town of Vinton. This guidance specifically addresses small cell wireless infrastructure which consists of smaller poles, antennas, and associated equipment rather than taller macro cell towers, which have been the prevailing technology behind the wireless network for decades. Small cell wireless antennas, at the present time, have a range of approximately 400-500 feet which requires a more numerous and denser implementation in order to meet coverage and capacity demands (see figure 1.1). This guidance is intended for wireless service providers, wireless infrastructure providers, utility franchise holders, owners of small cell facilities and any applicant or person seeking a permit for a small cell installation in Vinton. 1.2 GOALS The goals of these guidelines are to: • Ensure that small cell infrastructure will harmoniously blend into the existing environment and add value to the surrounding context to the greatest extent possible; • Enhance the capability of wireless service providers to deploy small cell technology safely, effectively, and efficiently in order for the residents, businesses, and visitors of the Town of Vinton to benefit from advanced wireless service ability; and • Comply with, not conflict with or preempt, all applicable state and federal laws. FIG. 1.1 MACRO CELL VS. SMALL CELL Macro cell towers can reach heights up to 199 feet tall and coverage that spans several miles. Small cell infrastructure is typically mounted no higher than 45 feet in the air and has a higher-quality, but limited coverage of a few hundred feet. Image source: “Small Cell Wireless Technology in Cities” by the National League of Cities. Vinton Small Cell Infrastructure Guidelines, March 2020 4 1.3 DEFINITIONS If any of the defined terms below or otherwise appearing in this document are in conflict with the applicable Virginia code or federal regulation, such definition as established under state or federal law, as applicable, shall control. Antenna – communications equipment that transmits or receives electromagnetic radio signals used in the provision of any type of wireless communications services. Amenity Zone – a linear portion of the right-of-way (ROW) in which street lights, utility poles, street trees, bicycle racks, parking meters, transit stops, street furniture, and signage is typically found. This area is typically located at the back of a curb to the edge of the pedestrian zone. Co-locate – to install, mount, maintain, modify, operate, or replace a wireless facility on, under, within, or adjacent to a structure that supports another service. “Co-location” has a corresponding meaning. Frontage Zone – a linear portion of the ROW closest to a building’s edge in which building projections, awnings, displays, and outdoor café seating may occur. Internal Installation – the small cell and all of its components are located within a structure that totally conceals its location allowing for the most appealing aesthetic and minimized visual clutter. Pedestrian Zone – a linear portion of the ROW in which there are limited obstructions allowing for an ease of pedestrian travel. Small Cell Facility – A wireless facility installation in which the antenna cannot exceed six cubic feet in volume and all other associated wireless equipment has a cumulative volume of no more than 28 cubic feet. Utility Pole – a structure owned, operated, or owned and operated by a public utility, local government or the Commonwealth of Virginia that is designed specifically for and used to carry lines, cables, or wires for communications, cable television or electricity. Wireless facility – equipment at a fixed location that enables wireless services between user equipment and a communications network. Wireless infrastructure provider – any person, including a person authorized to provide telecommunications service in the state, that builds or installs transmission equipment, wireless facilities, or wireless support structures. Wireless services provider – a provider of wireless service. Wireless support structure – a freestanding structure, such as a monopole, tower, either guyed or self-supporting, or suitable existing structure or alternative structure designed to support or capable of supporting wireless facilities. Vinton Small Cell Infrastructure Guidelines, March 2020 5 2. GUIDELINES FOR NEW SMALL CELL INFRASTRUCTURE Generally, an applicant should construct and maintain the small cell infrastructure in a manner that does not: 1. Adversely impact public safety or obstruct, impede or hinder travel; 2. Obstruct the legal use of the Right-of-Way (ROW) by other utility telecommunications, or information service providers; 3. Violate nondiscriminatory applicable codes or the federal regulatory of Americans with Disabilities Act; and/or 4. Violate or dispute with applicable Town Codes or standards, such as the zoning ordinance or the Virginia Department of Transportation (VDOT) and/or Public Works Specifications and Standards Manual. The Town desires to promote clean, organized, and streamlined infrastructure in an efficient and least intrusive means available to provide wireless services. The following sections enumerate the Town’s placement and design preferences for new small cell infrastructure. 2.1 PLACEMENT PREFERENCES PROXIMITY TO OTHER SMALL CELL INFRASTRUCTURE Small cell infrastructure should not be installed less than 250 feet apart. The applicant should either co- locate with an existing facility or demonstrate that a co-location is either not technically feasible or is not able to be accommodated on an existing structure. PREFERRED PLACEMENT The following entails the Town’s preferences for small cell infrastructure placement: • Small cell infrastructure should avoid areas of environmental sensitivity, such as areas prone to flooding. • Small cell infrastructure should avoid areas of historic or cultural sensitivity, such as historic buildings and cultural facilities. • In the downtown areas, opportunities for co-location on existing structures should be considered first and foremost before any new freestanding poles are requested, see Section 3 of these guidelines for co-location preferences. The Town-installed ornamental pedestrian street light poles shall not be utilized. • A minimum of 5 feet from existing garages or driveways should be maintained. • Along a roadway, the centerline of new poles should be installed and aligned with existing poles or street trees where present. • In no case should any portion of the equipment be less than 3 feet from the edge of the road travelway, sidewalk, bike lane, or shared use path. Vinton Small Cell Infrastructure Guidelines, March 2020 6 • Alley placement is preferred and encouraged. • Along frontages, align poles with common lot lines as much as possible. • Avoid infrastructure placement in front of built structures including windows, doors, balconies, porches, and stoops. • Placement should not obstruct any fire escapes, doors, gates, or other ingress/egress points to any building entrances/exits that would impede access or delivery to a building. • Avoid placement in the zone created by projecting a perpendicular extension of a primary street facing wall plane for residential building types. Primary wall planes will typically have a front door associated with the façade. • On street corners, small cell placement is preferred on the secondary street frontage. • Placement should not obstruct the operation, placement, or physical attributes of following: pedestrian signals, lighting, signage, streetlights, public transportation vehicles, bus shelters, bus stop locations, irrigation, barricades, bollards, bike racks, benches, trash receptacles, or other streetscape elements. • Equipment should not encroach on airspace beyond the ROW or over the travel way. • Small cell infrastructure should not be located within 25 feet of a fire station apron or other adjacent emergency service facilities. • Small cell infrastructure should not obstruct fire hydrant access. • Small cell infrastructure placement should not interfere with or obstruct the view of police cameras used for security or public safety purposes where present. • Placement must adhere to site distances and visibility triangle requirements in the current version of the Virginia Department of Transportation (VDOT) Specifications and Standards Manual to ensure safe movements in and around intersections. Similar considerations shall be given to entrances with a 30 feet throat length, alleys, and any other place in which vehicular conflict may occur due to differences in direction of travel and speed. • Refer to the Master Transportation Plan ultimate ROW widths in the most current version of the VDOT Specifications and Standards Manual when assessing placement in an existing ROW. IMPACTS TO LANDSCAPING • A minimum of 20 feet from existing mature trees should be maintained. • Existing mature, healthy trees should not be removed or otherwise impacted by the installation of small cell infrastructure. • Equipment placement and construction of small cell infrastructure should avoid the critical root zone of existing trees. No equipment or storage is permitted in this area. • Any turf areas disturbed by the installation of small cell infrastructure should be restored to original grade and reseeded. 2.2 AESTHETIC GUIDELINES • Small cell antennas should be shrouded with all wires and supporting equipment integrated with the pole. Vinton Small Cell Infrastructure Guidelines, March 2020 7 • Supporting meters, equipment, cabinets, housings, and fans should all be incorporated into the pole base or mounted to the pole at a height that will not create visual or physical obstructions. • In residential areas, a total maximum height of the small cell installation should not exceed 30 feet. • In commercial areas, a total maximum height of the small cell installation should not exceed 40 feet. • Total width or diameter of the pole should not exceed 24 inches. • Poles located within one-mile from the coast should be rated to withstand 130mph wind speeds. • Poles located beyond one-mile form the coast should be rated to withstand 110mph wind speeds. • Stainless steel mounting hardware should be used to mount all equipment, access doors, antennas, and equipment cabinets. • Poles should be set plumb and centered on foundations when installed. • The diameter of the antenna/enclosure should not exceed one and one-half times the diameter of the top of the wireless support pole, to the maximum extent possible. Ultimately, the antenna should appear as a seamless vertical extension of the pole. • Cylindrical antenna shrouds consistent in color with the pole are preferred. • All pole-mounted equipment should be grouped as closely together as possible on the same side of the pole (preferably opposite the travelway). • Cabinet tops should not have clear horizontal surfaces so that objects cannot be placed on top. NOISE • If mechanical fans or other cooling equipment are present, it should not emit more than 50dBA one meter (3.28 ft.) from the pole. DISPLAY OF SIGNS ON POLES AND ASSOCIATED EQUIPMENT • Signage including the wireless provider’s name, location identifier and emergency contact should be attached to the pole within 6 feet of the ground. Vinton Small Cell Infrastructure Guidelines, March 2020 8 FIG. 2.1 SMALL CELL TOWER WITH SEPARATE EQUIPMENT CABINET Example of an undesirable installation FIG. 2.2 SMALL CELL TOWER WITH EQUIPMENT CABINET INTEGRATED WITH POLE Example of a desirable installation Vinton Small Cell Infrastructure Guidelines, March 2020 9 FINISH OF VISIBLE POLES AND ASSOCIATED EQUIPMENT • 5.0 mils thick from the bottom to 8’ high, and 3.0 mils thick above that. • All handholes should have reinforced covers with stainless steel screws. • Any defects and scratches on small cell infrastructure should be primed and painted with a color-matching paint of the existing pole. If damages reach galvanized metal, then in-field re-galvanization will be required. • Finish colors of the poles, equipment shrouds and all public-facing support infrastructure located in the downtown areas should be the color Black. • Finish colors of the poles, equipment shrouds and all public-facing support infrastructure located on the grounds of the Vinton War Memorial/Charles R. Hill Community Center should be the color Brown. • Finish colors of the poles, equipment shrouds and all public-facing support infrastructure located in the vicinity of greenway and trail should be the color Dark Green. • Finish colors of the poles, equipment shrouds and all public-facing support infrastructure in all other parts of the Town should match the existing color of surrounding utilities or the context of the area where it is placed. MAINTENANCE OF SMALL CELL INFRASTRUCTURE The franchisee is responsible for maintaining its property within the ROW. This includes regular maintenance, periodic re-painting, graffiti or sticker removal and timely repairs or re-placement in the event of damage. Upon notification from the Town, any maintenance issue must be remedied within a reasonable period of time or the Town may either repair or remove the damaged equipment at the franchisee’s expense. In the event that the use of a small cell facility is abandoned for ninety (90) days, the Town may remove it at the franchisee’s expense. After due notice, as required under the provider’s franchise, the Town can recoup such cost by making claim against the franchisee’s Letter of Credit or Bond. Vinton Small Cell Infrastructure Guidelines, March 2020 10 3. STANDARDS FOR CO-LOCATING ON EXISTING STRUCTURES This section addresses the Town of Vinton’s preferences for co- locating new small cell infrastructure on existing poles and structures, both in and out of the public ROW. Existing structures that have been identified for potential co-location, in order of preference, are: 1. Third party existing structures (e.g. American Electric Power Poles, Verizon poles, privately-owned buildings). 2. Town-owned street lights. Other existing Town-owned poles, structures or facilities not addressed in this section will be considered on a case-by-case basis. 3.1 THIRD PARTY STRUCTURES American Electric Power (AEP) owns majority of the utility poles in the Town of Vinton and building heights in commercial areas often reach 30-40 feet tall. Based on the prevalence of third-party options across the Town, it is preferred that wireless providers first attempt to co-locate small cell infrastructure on non-Town-owned structures. 3.2 TOWN-OWNED STREET LIGHTS AEP owns and maintains the vast majority of the 505 street light fixtures in the Town of Vinton. This section addresses the light fixtures the Town solely owns and maintains. Most of the Town-owned street lights are located in municipal parking lots, Vinton War Memorial, Charles R. Hill Community Center, and downtown area. The following lists the primary locations of Town-owned street lights: Co-location on the 14-foot tall Town-owned ornamental pedestrian lights is prohibited . However, there are opportunities to co-locate small cell infrastructure on the taller Town-owned street lights if the following requirements are met: • In most cases, the poles and foundations supporting the existing street lights will not withstand the added weight of the small cell components and, therefore, the pole will need to be replaced. • The small cell antenna should add no more than six feet to the existing height of the street light. • The small cell antenna should be shrouded. All wires and supporting equipment should be integrated with the pole. • Small cell equipment cabinets, equipment housings, cabinets, and meter housings should be incorporated into a decorative pole base to the greatest extent possible. • Town-owned street lights are 208 three phase power. There typically is no neutral available on Town street light poles. A separate power source for all small cell equipment will be needed. Vinton Small Cell Infrastructure Guidelines, March 2020 11 • The Town must have a way to safely access and maintain the street lights. The ability for the Town to shut off the small cell operation when needed is desired. • The color and pole aesthetic of the street lights in certain areas is unique. Any co-located pole should match this aesthetic to the greatest extent possible. Weatherproof GFI fixtures are required 20 feet above ground on the pole to accommodate additional temporary lighting fixtures. Depending on the specific location, street lights may also need to accommodate banners, signs, flood lights, and speakers. • For street light pole design standards located outside the downtown area; the finish colors of the poles, equipment shrouds, and all public-facing support infrastructure should match the existing color of surrounding utilities or the context of the area where it is placed. 3.3 TOWN PARKING FACILITIES Some Town-owned parking lots could provide an opportunity for small cell infrastructure co-location. However, on-street parking spaces should not be displaced by small cell infrastructure. The following parking facilities could be considered for co-location: • Municipal Building • Farmers Market • Vinton War Memorial/Charles R. Hill Community Center • Public Works Department • Gearhart Park Small cell infrastructure co-located at a parking facility should make every effort to minimize the loss of parking spaces and blend into their surroundings. The removal of existing parking spaces will require written permission and compensation to the Town for lost revenue. WIRELESS COMMUNICATIONS FACILITIES MASTER LICENSE & POLE ATTACHMENT AGREEMENT THIS WIRELESS COMMUNICATIONS FACILITIES MASTER LICENSE AGREEMENT ("Agreement") is entered into this ____ day of _________, 2020 ("Effective Date"), by and between the Town of Vinton, Virginia, a municipal corporation of the Commonwealth of Virginia (the "Town" or "Licensor"), and Cox Wireless Access, LLC, a Delaware limited liability company ("Licensee"). Licensor and Licensee are at times collectively referred to hereinafter as the "Parties" or individually as a "Party." RECITALS A. Licensor manages the public rights-of-way situated within its jurisdictional boundaries and owns as its personal property a certain number of poles and related facilities located in the public rights-of- way. B. Licensee owns and/or controls, maintains, and operates a wireless communications network, for which Licensee desires to install, attach, operate, and maintain wireless communication facilities on structures owned by the Town in the public rights-of-way on the terms and conditions provided herein. AGREEMENT 1. Definitions. For purposes of this Agreement, the capitalized terms below shall have the following meanings ascribed to them. Code means the Code of Virginia, 1950, as amended, and Town Code of the Town of Vinton, 1999, as amended. Control shall mean ownership of more than fifty percent (50%) of the outstanding voting stock of a corporation or other majority equity and control interest if not a corporation and the possession of power to direct or cause the direction of the management and policy of such corporation or other entity, whether through the ownership of voting securities, by statute or according to the provisions of a contract. Equipment means the radios, antennas, transmitters, and other wireless transmission or transport devices attached, mounted, or installed on a pole located in Rights-of-Way, in addition to related control boxes, fiber optic and other cables, wires, conduit, power sources, grounding equipment, signage, battery backup and other equipment, structures, and appurtenances to the point where the Equipment terminates and interconnects with wireline transport infrastructure. This definition shall include new types of communications equipment that may evolve or be adopted using wireless or backhaul technologies. Franchise means that certain agreement between the Town and the Licensee entitled “Non- Exclusive Wireless Facilities Franchise Agreement” dated “__________,” and any updates, renewals, or amendments thereof. Government Building means any building or structure owned by the Town that is outside the Rights-of-Way that is or may be made to be suitable for location or collocation of small wireless facilities. 2 Laws means any and all applicable statutes, constitutions, charters, ordinances, resolutions, regulations, judicial decisions, rules, tariffs, franchises, administrative orders, certificates, orders, or other requirements of the Town or other governmental or judicial authority having the force and effect of law that determines the legal standing of a matter relating to the parties and/or this Agreement. Make-ready costs are those actual costs incurred by the Town, together with a good-faith estimate of the in-kind and labor costs to the Town of the use of its own forces, to make a Town Pole or Government Building ready to receive a small wireless facility and associated equipment. Rights-of-Way means the surface of, and the space above and below, any public street, road, highway, freeway, lane, public way or place, alley, court, sidewalk, boulevard, drive, bridge, tunnel, parkway, or easement now or hereafter held by, or over which, the Town or other public entity exercises any rights of management or control. Small wireless facility or small cell facility means a facility that meets each of the following conditions: (1) The facilities: a. Are mounted on structures 50 feet or less in height including their antennas; b. Are mounted on structures no more than 10 percent taller than other adjacent structures; or c. Do not extend existing structures on which they are located to a height of more than 50 feet or more than 10 percent, whichever is greater; (2) Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume; (3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume; and (4) The facilities do not require antenna registration with the FAA. Third-Party Poles means any utility pole or other structure owned by a third party and capable of supporting a small cell facility attachment. Town Pole(s) means any existing structure owned by the Town that meets the definition of "Existing Structure" as defined in Sections 56-484.26 and 15.2-2316.3 of the Code of Virginia, 1950, as amended. Town Pole Application means a document substantially in the form attached hereto as Exhibit A (or in another form reasonably acceptable to the Parties) that will be used to identify the Town Pole(s) for installation of Equipment and describe the characteristics of the Equipment, which shall be accompanied with other relevant information and documents as required hereunder. Town Pole License means a Town Pole Application that has been approved by the Town pursuant to Section 5 below. 2. Grant of Authority. 3 2.1. Grant of License. Licensor hereby grants Licensee a nonexclusive license to use Town Poles and Government Buildings for the purpose of attaching the Equipment based on the then-current inventory of Town Poles and Government Buildings pursuant to the provisions of this Agreement, with the exception of those Town Poles and pieces of Government Property set forth in Section 5.1. 2.2. Installation on Town Poles and Town Buildings. Equipment may be installed on and around the Town Poles and on Town Buildings only under the terms of this Agreement pursuant to a Town Property Use License, or on Third-Party Poles or the Licensee’s own proprietary poles under the terms of the Franchise (and the terms of conditions of any agreement with the owner of such Third-Party Pole). 2.3. Non-Exclusive Grant. Licensee's right to use and occupy the Rights-of-Way and attach to Town Poles or Government Buildings shall not be exclusive, and the Town reserves the right to grant a similar use of same to itself or any person or entity at any time during the Term, consistent with the terms of this Agreement. 2.4. No Property Interest in Town Poles or Government Buildings. Nothing under this Agreement shall be interpreted to create or vest in Licensee any easement or other ownership or property interest to any Town property, including but not limited to replacement poles, Town Poles, Government Buildings, Town property owned in fee, or Rights-of-Way. Neither this Agreement, nor any Town Pole License or Building Use License granted under this Agreement, shall constitute an assignment to Licensee of any of the Town's rights to Town property or Rights-of-Way. 2.5. Waiver of Claims. In consideration for the rights granted under this Agreement, Licensee waives all claims, demands, causes of action, and rights it may assert against the Town and Town officials, personnel, agents, and representatives because of any loss, damage, or injury to any Equipment or any loss or degradation of service resulting from the installation, operation, maintenance, or malfunction of Equipment regardless of cause, except with respect to claims, demands, causes of action, and rights resulting from the gross negligence or willful misconduct of the Town or any Town official, personnel, agent, or representative. 3. Term and Termination. 3.1. Term of Agreement. The initial term of this Agreement shall be ten (10) years, commencing on the date of approval of this Agreement by the Town Council (the “Initial Term”). Unless either party gives ninety (90) days’ written notice of its intention to terminate the Agreement prior to the end of the Initial Term, the Agreement shall thereafter automatically renew for three additional five-year terms (each a “Renewal Term”); provided, however, that either party may, upon giving ninety (90) days’ written notice prior to the end of the Initial Term or any Renewal Term, as applicable, terminate the Agreement. Notwithstanding the foregoing, after the expiration of this Agreement, its terms and conditions shall survive and govern with respect to all Licenses entered into hereunder until the expiration or termination of such Licenses. 3.2. Term of Town Pole and Government Building Licenses. The term of each Town Pole License or Government Building License shall be ten (10) years beginning on the date the License is issued by the Town (the "Commencement Date"). If the Equipment is not substantially installed within six (6) months of the Commencement Date, the License shall 4 lapse and a new Property Use Application must be filed and approved in order to proceed. However, in such event Licensee shall receive a credit for any Annual Fee already paid towards the newly issued license. Unless Licensee is in material breach of this Agreement beyond the applicable cure period or Licensee provides written notice to the Town prior to the expiration of the then-current term that Licensee will not renew the term, the term will automatically renew for three (3) consecutive five (5) year periods, upon the same terms and conditions set forth in this Agreement, and shall survive the termination of this Agreement unless otherwise provided, such that termination of this Agreement shall prevent future licenses from being governed by it, but then-existing licenses shall continue, unless otherwise agreed by the Parties. 3.3. Termination of Town Pole and Government Building Licenses. A Town Pole License or Government Building License may be terminated prior to the expiration of its term: (i) by Licensor upon notice to Licensee, if Licensee fails to pay any amount when due under such License and such failure continues for thirty (30) days after Licensee's receipt of written notice of default from Licensor; (ii) by Licensor if Licensee fails to substantially install Equipment within six (6) months of issuance of a Town Pole License or Government Building License, or if Equipment is not operational within twelve (12) months of issuance of a License; (iii) by either Party upon notice to the other Party, if such other Party materially breaches any provision of this Agreement concerning the applicable Equipment and the breach is not cured within sixty (60) days after receipt of written notice of the breach from the non-breaching Party or, if the breach cannot reasonably be remedied in such time, if the failing Party does not commence a remedy within such time and diligently pursue the cure to completion; (iv) by Licensee at any time without cause upon notice to Licensor; or (v) by Licensee in the event that (a) any applications for any governmental approvals necessary for the Equipment are finally rejected; (b) by either Party if any governmental approval is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority, but not by governmental action of either Party; or (c) Licensee determines that such governmental approvals may not be obtained in a timely manner. 3.4. Surrender. Within ninety (90) days of the expiration or earlier termination of any License, Licensee shall remove all corresponding Equipment attached to Town Poles or Government Buildings, at its sole expense, shall repair any damage to Town Poles or the Rights-of-Way caused by such removal, and shall restore the same to the condition in which they existed prior to the installation of such Equipment, reasonable wear and tear and loss by casualty or other causes beyond Licensee's control excepted. Equipment installed on third-party or Licensee's proprietary poles, which are subject to a separate agreement with the pole owner or an encroachment permit or other similar authorization with the Town as required under the Code, as the case may be, shall not be subject to removal under this Agreement. 4. Fees and Charges. 4.1. Pole Attachment Fees. Licensee shall pay to Licensor an annual fee of $270.00 ("Annual Fee") per approved Town Pole upon which Licensee installs Equipment. The Annual Fee is based on the Federal Communication Commission ("FCC") 2018 Declaratory Ruling and Third Report and Order, WT Docket No. 17-79; WC Docket No. 17-84, with an effective date of January 14, 2019 (the "Order"). Should the Order not become effective, be overturned in whole or in substantial part by a superior appellate court and all further appeals have been exhausted, or a future FCC action impact the Annual Fee guidelines, the 5 Parties agree to reassess the Annual Fee amount at that time and set a fair and reasonable fee. If the Town grants or has granted another attacher of small wireless facilities an Annual Fee that is less than what is stated in this Section 4.1, Licensee’s Annual Fee shall be automatically reduced to equal the lowest such Annual Fee of other attachers. 4.2. Government Building Attachment Fees. As an inducement to promote placement of Equipment on government buildings rather than Town Poles, placement of such Equipment on government buildings shall be at an annual fee in an amount to be negotiated by the parties but which shall by in an amount less than the Annual Fee set forth in Section 4.1 above. 4.3. Timing and Manner of Payments. Payment of the initial annual fee payment shall be made within ninety (90) days of the Commencement Date and thereafter each subsequent annual fee payment shall be made on or before each anniversary of the Commencement Date. Licensor shall provide Licensee a completed, current Internal Revenue Service Form W-9 and state and local withholding forms if required. Licensee may make payments by check made out to the order of the Treasurer, Town of Vinton and sent to the following address or through electronic transfer subject to the Town’s approval and necessary bank routing instructions. Town of Vinton c/o Anne Cantrell, Treasurer 311 S. Pollard Street Vinton, Virginia 24179 4.4. No Waiver. The fees and charges hereunder are in addition to any others that are not duplicative of and are solely governed by the requirements of, and imposed by, the Code. 4.5. Taxes. If Licensor is required by law to collect any federal, state, or local tax, fee, or other governmental imposition (each a "Tax") from Licensee with respect to the transactions contemplated by this Agreement, then Licensor shall bill such Tax to Licensee in the manner and for the amount required by law, Licensee shall promptly pay such billed amount of Tax to Licensor, and Licensor shall remit such Tax to the appropriate tax authorities as required by law; provided, however, that Licensor shall not bill to or otherwise attempt to collect from Licensee any Tax with respect to which Licensee has provided Licensor with an exemption certificate or other reasonable basis for relieving Licensor of its responsibility to collect such tax from Licensee. Licensee shall be responsible for all Taxes that are assessed against or are otherwise the legal responsibility of Licensee with respect to itself and its property. 4.6. Electrical Utility Service. Licensee shall be responsible for securing and paying all charges for any electricity service furnished to the Equipment. Subject to the Town's approval of location and design, Licensee may install or cause to be installed a separate electric meter on a Town Pole to which it attaches Equipment, or on a ground mounted pedestal or on Licensee's pad mounted equipment cabinet as required by the electric provider for the operation of its Equipment. Town reserves the right to limit electrical meters to no more than two (2) meters per pole location. 5. Town Pole Application Process. 6 5.1. Licensee shall file with the Town a Town Land Use Application for each Town Pole or Government Building where Licensee desires to install Equipment. Within thirty (30) days of the receipt of a complete Town Pole Application, which period may be extended by mutual written consent, the Town shall, in writing, either approve the Town Pole Application, request more information, or reject the application by identifying the specific reasons why the Town Pole Application has not been approved. Licensor may reject a Town Pole Application for one or more of the following reasons: 5.1.1. For reasons related to capacity, safety, reliability, or generally applicable engineering practices. 5.1.2. The Town Pole Application remains incomplete after Licensee receives notice thereof and such incompleteness is not remedied for sixty (60) days. 5.1.3. The Equipment proposed to be attached to the Town Pole does not meet the definition of "Small cell facility" promulgated in Va. Code §56-484.26, as amended. 5.1.4. The design documents attached to the Town Property Use Application: (a) Do not comply with the contractual requirements under this Agreement. (b) Show non-compliance with the Town's pole attachment ordinances, regulations or standards for traffic light poles, including replacement of an electric meter with dual meters, if and as applicable. (c) Show interference with the Town's public safety radio system, Public Works radio system, water and sewer SCADA communications system, traffic signal light system, or other communications components. (d) Do not contain a certification by a Professional Engineer licensed by the Commonwealth of Virginia that the general public exposure to Radio Frequency Emissions will not exceed the maximum permissible exposure level to the general public recommended by the FCC's Human Exposure to Radio Frequency Fields: Guidelines for Cellular and PCS Sites Guide (https://www.fcc.gov/consumers/guides/human-exposure-radio- frequency-fields-guidelines-cellular-and-pcs-sites), as amended, revised, or replaced. 5.1.5. The Town Property Use Application does not include a load bearing study for the purpose of determining whether the attachment of the Equipment may proceed without pole modification or whether the installation will require pole reinforcement or replacement. If pole reinforcement or replacement is necessary, Licensee shall provide, at Licensee's sole expense, engineering design and specification drawings made by a Professional Engineer licensed in the Commonwealth of Virginia demonstrating the proposed alteration to the pole. Any alterations or modifications to an existing Town Pole, up to and including full replacement of Town Pole (a "Replacement Pole"), shall not affect the Town's ownership interest. All Replacement Poles will continue to be owned by the Town, and the Town will continue to have proprietary rights to such poles. Any existing Town Pole that is replaced by the Licensee shall remain the property of the Town. 7 The Licensee will remove, and transport such pole to a location designated by the Town within the Town's limits. As appropriate, Licensor may require Licensee to make design modifications in order to comply with applicable requirements. Failure to make the requested design modifications shall result in an incomplete application. 5.1.6. The Town Pole Application does not comply with any other requirement of this Agreement. 5.1.7. Does not comply with the Town's design guidelines for the streetscape plan at the location proposed for installation or the Town's Planning and Zoning Department rules and regulations, or the provisions of the Town Zoning or Subdivision Ordinances. 5.2. Any replacement, addition, enhancement, or change of any kind to the Equipment previously approved by the Town that increases the size or alters the transmitting frequency or location of the equipment will require submission of a new Town Pole Application. 6. Make-Ready Costs. If requested by the Licensee, the Licensor shall give an itemized estimate of make-ready costs as part of its approval of the Licensee’s deployment of a small wireless facility on a Town Pole or Government Building. The estimate will be as accurate as possible based upon the information provided, but will be subject to modification based upon actual costs to the Licensor to carry out make-ready work. The Licensee may elect at any time to carry out make-ready work with its own forces or its own contractors, in which case the make-ready costs will be eliminated for such portion of the make-ready work; provided, however, that all such work must be done to the satisfaction of the County of Roanoke/Town Building Official and the Town Department of Public Works. The agreement of the Licensee and Licensor with respect to financial responsibility and responsibility to carry out make-ready work shall be memorialized in the permit to deploy the small wireless facility. The Licensee shall pay all reasonable make-ready costs of the Licensor as agreed. 7. Additional Permits Required by Code. To the extent not in contravention of any applicable Law, all of the Equipment will be installed, operated, and maintained by or on behalf of Licensee in accordance with applicable provisions of the Code regulating wireless communications facilities. Licensee may be required to apply for and obtain permits that are required of other occupants of the Rights-of-Way for work performed within the Rights-of-Way, and the Rights-of-Way will be used according to the plans submitted by Licensee and approved by the Town in issuing a permit. Licensor may impose on the permit issued under this Agreement only those conditions that are necessary to protect structures in the Rights-of-Way, to ensure the proper restoration of the Rights- of-Way and any structures located therein, to provide for protection and the continuity of pedestrian and vehicular traffic, and otherwise to protect the safety of the public's use of the Rights-of-Way. In no event shall Licensor treat Licensee's Town Pole Applications or permit applications in a more burdensome manner than Licensor treats Rights-of-Way access permits of other public utilities and telecommunications services providers. The requirements of the Code are in addition to the requirements of this Agreement. 8. Interference. 8.1. RF Interference. Licensee shall ensure that the Equipment will not cause radio frequency interference with Licensor traffic, public safety, or other communications signal equipment 8 existing at the time of installation of the Equipment, consistent with the applicable FCC rules in place at such time. 8.2. Existing Uses. Licensee shall not interfere in any manner with the existing uses of Licensor's property, including sanitary sewers, water mains, storm drains, gas mains, poles, greenway/trail, aerial and underground electric and telephone wires, streetlight fixtures, cable television, and other utility and municipal property without the express written approval of the owner(s) of the affected property or properties. 8.3. Licensor Interference. Licensor reserves the right, but not the obligation, to maintain and operate its facilities in such reasonable manner as will best enable Licensor to fulfill its own service requirements or obligations. However, Licensor agrees that Licensor and/or any other tenants, licensees, or users of the Rights-of-Way who currently have or in the future take possession of space within the Rights-of-Way will be permitted to install only such equipment that is of the type and frequency that will not cause interference to the then existing Equipment of Licensee, consistent with the applicable FCC rules in place at such time, and will not interfere with Licensee's use unless necessary for an essential public purpose, e.g., public safety radio. 8.4 Remedies. Without limiting any other rights or remedies, if interference occurs and continues for a period in excess of 48 hours following notice to the interfering party via telephone to Licensee's Network Operations Center at 1-877-897-2475 or to Licensor, during business operating hours of 8:00 a.m. to 4:30 p.m. at 1-540-983-0646 or, if after hours, at 1-540-562-3265, the interfering party shall reduce power or cease operations of the interfering equipment until the interference is cured, with the exception of operations necessary to test and/or cure the interference. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Section and therefore the Parties shall have the right to equitable remedies such as, without limitation, injunctive relief and specific performance. 9. Emergencies. 9.1. Emergency Events. In case of an emergency due to interference, failure of traffic light signal system, or other similar unforeseen events, Licensor may act to protect the public health and safety of its citizens, and to protect public and private property, notwithstanding any provision in this Agreement. In case of a network emergency, Licensee may access its Equipment without first obtaining any otherwise necessary permit(s) or authorization(s) provided Licensee has conducted network trouble-shooting and diagnostic tests and has reasonably identified the point or points of network failure or malfunction. Licensee shall conduct its activities within the Rights-of-Way in such a manner as to protect public and private property. Each Party will make every reasonable effort to coordinate its emergency response with the other Party. 9.2. Emergency Contacts. Licensee's network operations center may be reached at 1-877-897- 2475. Licensor's 24/7 emergency contact information is 1-540-983-0646. Each Party will maintain the emergency contact information current at all times with the other Party. 10. Maintenance and Alterations; Safety. 10.1 Safe Installation of Equipment. All attachments and associated equipment of Licensee installed on Town Poles or Government Buildings shall be installed in accordance with the 9 National Electric Safety Code (NESC), Uniform Statewide Building Code (USBC), or FCC safety provisions applicable thereto (collectively the “Building Codes”). All such attachments and equipment must be installed and at all times maintained by Licensee so as to comply at least with the minimum requirements of the Building Codes in effect at the time of installation and any other applicable regulations or codes promulgated by state, local, or other governmental authority having jurisdiction thereover. Licensee shall take any necessary precautions by the installation of protective equipment or other means, to protect all persons and property of all kinds against injury or damage occurring by reason of Licensee’s attachments on Licensor’s poles or Government Buildings. Licensor shall be the sole judge as to the requirements for the present or future use of Town Poles or Government Buildings and of any interference therewith. 10.2 New Town Poles. In any case where Licensor locates a new Town Pole on which Licensee proposes to install attachments at the time of construction, and in Licensor’s judgment, to provide adequate space or strength to accommodate such attachments (either at the request of Licensee or to comply with the aforesaid codes and regulations) such pole must be taller and/or stronger than would be necessary to accommodate the facilities of Licensor and of other persons who have previously indicated that they desire to make attachments on such pole, or with whom Licensor has an agreement providing for joint or shared ownership of poles, the cost of such extra height and/or strength shall be paid to Licensor by Licensee. Such cost shall be the difference between the cost in place of a pole considered by Licensor to be adequate for the facilities of Licensor and the cost in place of a pole with extra height and/or strength required due to Licensee’s requirements. 10.3 Replacement of Town Poles by Licensee. Where in Licensor’s judgment a new Town Pole must be erected to replace an existing Town Pole solely to adequately provide for Licensee’s proposed attachments, Licensee agrees to pay the total cost to Licensor including all materials, labor, and overheads, for setting the pole and removing the old pole, and the cost of disposal thereof. Credit may be allowed for any salvage value of such pole if any accrues to the Licensor. In the event that subsequent to the installation on any pole of Licensee’s attachments Licensor requires additional space or strength for its facilities and in Licensor’s judgment the pole would have sufficient size or strength for such facilities in the absence of Licensee’s attachments, then Licensor shall replace such pole and Licensee shall pay to Licensor the amounts provided for in the preceding sentence. If a third party on the pole has previously lent a portion of its space to the Licensee so the Licensee may attach to the pole without a premature pole replacement, and the third party later requires its full space, the Licensee shall have the option of either moving its attachments or reimbursing Licensor in a manner consistent with the first sentence of this section. In all cases, Licensee shall also pay to Licensor and to any other owner of existing attachments on the pole the cost of removing each of their respective facilities or attachments from the existing pole and reestablishing the same or like facilities or attachments on the newly installed pole. Where a new pole of the same size as the existing pole is installed to replace an existing pole jointly used hereunder due to damage or decay, and the old pole was taller or stronger than considered by Licensor to be adequate to accommodate the existing attachments of Licensor and its other licensees for the purpose of adequately accommodating the existing attachments of Licensee in accordance with the Building Codes, Licensee shall pay a sum equal to the difference between the cost in place of such new pole and the current cost in place of a pole considered by Licensor to be adequate to accommodate the attachments of Licensor and its other licensees. 10 10.4 Rearrangement of Equipment on Town Poles. If Licensee’s desired attachments can be accommodated on existing Town Poles by rearranging facilities of Licensor or existing attachments thereon of any other person, Licensee shall reimburse Licensor the expense incurred in making such rearrangement. 10.5 Guying. Any additional guying or pole stabilization or strengthening devices required by reason of the attachments of Licensee, as reasonably determined by the Licensor, shall be installed by and at the expense of Licensee and shall meet requirements of all applicable codes or regulations, but in no event shall any such guying or devices be installed without the prior written consent of the Town’s Director of Public Works. Use of Licensor’s guys and anchors by Licensee is not permitted. 10.6 Location of Antennas & Equipment on Government Buildings. The Licensee may, subject to review by the Town Department of Public Works, locate equipment and attachments on Government Buildings. In the event the Director of Public Works determines that reinforcement of a Government Building will be necessary to bear the weight of the equipment and attachments, the Licensee shall cause such reinforcements to be designed and the Licensor shall have the reinforcements installed at the Licensee’s cost. Locations of equipment and attachments on Government Buildings shall be screened from public view in the same manner as other rooftop mechanical or adjacent mechanical facilities on or around the same structure. 10.7 Inspection of Equipment & Attachments. 10.7.1 Licensor reserves the right to inspect each new or proposed installation of Licensee on Licensor’s poles. In addition, Licensor may make periodic inspections, as conditions may warrant, for the purpose of determining compliance with sections 4 and 11 of this Article III hereof, and the Licensee shall, on demand, reimburse Licensor for the expense thereof. Licensor’s right to make any inspections and any inspection made pursuant to such right shall not relieve Licensee of any responsibility, obligation or liability assumed under this Agreement. These inspections are not to be confused with the General Inspection in subsection (b) below. 10.7.2 The Licensor may conduct a complete field inspection of its poles for the purpose of verifying the number, location, and character of all attachments of Licensee in the area covered by this Agreement. Licensor shall give to Licensee at least thirty (30) days’ prior notice of such inspection and not less than fourteen (14) days prior to the scheduled date of such inspection. Licensee shall advise Licensor if Licensee desires to make a joint inspection with Licensor. If the Licensor finds installations that are not fully permitted under this Agreement, Licensee shall pay, as an estimate of the damages incurred by Licensor and not as a penalty, one year’s back pole attachment fee and the liquidated sum of $1,000. Licensor shall upon request furnish a summary report of such inspection within a reasonable time after its completion. Nothing contained herein shall be construed as limiting Licensor’s right to inspect its poles at any time at no cost to Licensee, nor shall it be construed as an election of remedies in the case of an unlawful or unpermitted attachment by Licensee. 10.8 Maintenance. Licensee shall keep and maintain all Equipment installed on Town Pole(s) in commercially reasonable condition and in accordance with any applicable standard maintenance requirements of Licensor throughout the Term, normal wear and tear and casualty excepted. Licensee shall have the right to conduct testing and maintenance 11 activities, and repair and replace damaged or malfunctioning Equipment at any time during the Term. 10.9 Alterations. If Licensee proposes to install or upgrade Equipment that materially differs from the then-existing and approved Equipment on a Town Pole, as determined by Licensee in its commercially reasonably discretion, then Licensee shall submit a new Town Pole Application in accordance with Section 5 .2 above. In addition to any other submittal requirements, and if requested by Licensor, Licensee shall provide "load" (structural) calculations for all Town Poles upon which it intends to modify Equipment. Licensee may, without prior written approval of the Licensor, make any modifications to its Equipment that do not result in a material change from the then-existing and approved Equipment on a Town Pole. 10.10 Safety. Licensee shall insure that all Equipment installed by it or on its behalf on Town Poles(s) shall be equipped with a method to depower all such Equipment in the event that Town staff, its agent or subcontractor needs to access the Town Pole(s) and determines, in its sole discretion, that such Equipment should be depowered for safety reasons. 10.11 Depowering Process. The parties agree to the following process for temporary site shutdown for the purpose of the maintenance work on Town Poles: 10.11.1 Emergency and Call-out: (a) Town employee/contractor will immediately depower the site. (b) Town employee/contractor will call posted NOC number to provide information and the projected length of time of the outage. (c) Once work is complete, Town employee/contractor will call NOC and let them know that power has been restored to the site. 10.11.2 Routine Maintenance: (a) Town dispatch will call NOC to provide 24-48 hours’ notice of depowering. (b) Upon arriving at the site, the Town employee/contractor will call posted NOC number to provide information that the site is being depowered and will provide the projected length of time of the outage. (c) Once work is complete, Town employee/contractor will call NOC and let them know that power has been restored to the site. 11. Removal and Relocation of Equipment. 11.1 Licensee shall remove and relocate the Equipment on a Town Pole at its own expense to an alternative location made available by Licensor and acceptable to Licensee no later than one hundred eighty (180) days after receiving written notice that removal, relocation, and/or alteration of the Equipment is necessary due to: (i) construction, expansion, repair, relocation, or maintenance of a street or other public improvement project; or (ii) maintenance, upgrade, expansion, replacement, or relocation of Town traffic light poles and/or traffic signal light system; (iii) permanent closure of a street or sale of Town 12 property; or, (iv) at the sole discretion of Town, intentional or unintentional inoperation of Equipment for a period in excess of six (6) months. 11.2 If Licensee shall fail to relocate any Equipment as requested by the Licensor in accordance with the foregoing provision, Licensor shall, upon prior notice, be entitled to remove or relocate the Equipment at Licensee's sole cost and expense. Licensee shall pay to the Licensor actual costs and expenses incurred by the Licensor in performing any removal work and any storage of Licensee's property after removal within forty-five (45) days of the date of a written demand for this payment from the Licensor. Nothing in this Section shall be construed as preventing Licensee from recovering the costs of removal and/or relocation of its facilities from a nongovernmental third-party responsible for the removal and/or relocation. 11.3 Licensee and Licensor shall cooperate to the extent possible to assure continuity of service during relocation of Equipment. Licensor shall use reasonable efforts to afford Licensee a reasonably equivalent alternative location. 12. Indemnity. 12.1 Licensee shall indemnify, defend, and hold the Town, its employees, officers, elected officials, agents, and contractors (the "Indemnified Parties") harmless from and against all injury, loss, damage, liability, costs, or expenses arising from any third party claims resulting from the installation, use, maintenance, repair, or removal of the Equipment or Licensee's breach of any provision of this Agreement. The indemnity provided for in this paragraph shall not apply to any liability resulting from the negligence or willful misconduct of the Town or other Indemnified Party. 12.2 The Town shall give prompt written notice to Licensee of any claim for which the Town seeks indemnification. Licensee shall have the right to investigate these claims with prompt notice to the Town Attorney. Licensee shall not settle any claim subject to this Section without the consent of the Town, unless the settlement (i) will be fully funded by Licensee, and (ii) does not contain an admission of liability or wrongdoing by any Indemnified Party. Any required approval shall not be unreasonably withheld, delayed or conditioned. 12.3 Neither party will be liable under this Agreement for consequential, indirect, or punitive damages (including lost revenues, loss of equipment, interruption, loss of service, or loss of data) for any cause of action, whether in contract, tort, or otherwise, even if the party was or should have been aware of the possibility of these damages, whether under theory of contract, tort (including negligence), strict liability, or otherwise. 13. Insurance. 13.1 Licensee and its subcontractors shall carry during the Term, at their own cost and expense, the following insurance: (i) commercial general liability insurance in an amount of $3,000,000 per occurrence and $4,000,000 general aggregate and which provides coverage for bodily injury, death, damage to or destruction of property of others, including loss of use thereof, and including products and completed operations; (ii) Workers' Compensation Insurance as required by law; and (iii) employers' liability insurance in an amount of $500,000 bodily injury each accident, $500,000 disease each employee, and $500,000 disease policy limit. 13 13.2 The insurance coverages identified in this Section: (i) except the workers' compensation insurance, shall include the Town as an additional insured as their interests may appears under this Agreement; (ii) will be primary and non-contributory with respect to any self- insurance or other insurance maintained by the Town; (iii) contain a waiver of subrogation for the Town's benefit; and (iv) will be obtained from insurance carriers having an A.M Best rating of at least A-VII. 13.3 Prior to any work being performed hereunder, Licensee shall provide the Town with a Certificate of Insurance to provide evidence of the coverage required by this Section in a form reasonably acceptable to the Town. 13.4 Licensee will endeavor to provide the Town with thirty (30) days prior written notice of cancellation upon receipt of notice thereof from its insurer(s). 14. Transfers by Licensee. 14.1 Consent Required. Licensee shall not assign or otherwise transfer all or any part of Licensee's interest, rights, and duties in this Agreement, or sublet the area licensed hereunder or any portion thereof to be occupied by anyone other than Licensee, without Licensor's prior written consent in each instance, which consent shall not be unreasonably withheld, conditioned, or delayed. Any transfer that is not in compliance with this Section shall be void. 14.2 Permitted Transfers. Notwithstanding the foregoing, Licensee may, without the consent of Licensor, assign this Agreement, any Town Pole License, and/or related permits to any entity which (i) shall Control, be under the Control of, or be under common Control with Licensee; (ii) is a successor to Licensee either by merger or other consolidation of Licensee; or (iii) acquires all or substantially all of the Licensee's assets in the market defined by the FCC in which the Municipal Facility is located, provided that such entity is bound by all of the terms and conditions of this Agreement. Licensee shall provide the Town notice of any such assignment within a reasonable period of time after the consummation thereof. 14.3 Change of Control; Security Interests; Capacity. The following shall not constitute a transfer pursuant to this Section or require consent: (i) a change of stock ownership, partnership interest, or control of Licensee or transfer upon partnership or corporate dissolution of Licensee; (ii) a mortgage or grant of security interest to any mortgagees or holders of security interest, including their successors or assigns, provided such holders of interests are subject to all of the terms of this Agreement; or (iii) the provision of capacity, bandwidth, or grant of use in the Equipment, or any portion thereof, to another person, provided that Licensee shall at all times retain control over the entire Equipment and remain fully responsible for compliance with the terms of this Agreement; Licensor hereby acknowledges the ability to lease capacity under legal compulsion, based on certain current provisions of applicable law, as interpreted by the Federal Communications Commission (FCC) in its Report and Order (CS Docket No. 97-151), FCC 98-20 released and adopted February 6, 1998. 15. Miscellaneous. 15.1 Governing Law. This Agreement shall be governed by the laws of the Commonwealth of Virginia and applicable federal laws. 14 15.2 Change of Law Not Specific to Agreement. If, at any time during the term of this Agreement, any federal, state or local law or regulation or any binding judicial interpretation thereof sets forth a term or provision applicable to the subject matter hereof, which is inconsistent with, or different than, a term or provision of this Agreement, then the Parties agree to promptly amend the Agreement to effect the term or provision set forth under the law, regulation, or binding judicial interpretation, as the case may be. 15.3 No Waiver. None of the material provisions of this Agreement may be waived or modified except expressly in writing signed by the Licensee and Licensor. Failure of either Party to require the performance of any term in this Agreement or the waiver by either Party of any breach thereof shall not prevent subsequent enforcement of this term and shall not be construed or deemed a waiver of any subsequent breach. 15.4 Notices. Notices required by this Agreement may be given by registered or certified mail by depositing the same in the United States mail or with a commercial courier. Either Party shall have the right, by giving written notice to the other, to change the address at which its notices are to be received. Until any such change is made, notices shall be delivered as follows: If to Licensor: With a copy to: c/o Town Manager 311 S. Pollard Street Vinton, Virginia 24179 Guynn, Waddell, Carroll & Lockaby 415 South College Avenue Salem, Virginia 24153 Attn: Jeremy E. Carroll, Esq. With a copy to: Cox Communications Attn: Vice President, Government Affairs 6205B Peachtree-Dunwoody Road Notices shall be deemed effective upon delivery or refusal of delivery. The addresses set forth in this paragraph may be amended by sending of notice to the addresses set forth in this paragraph. 15.5 Counterparts and Electronic Copies. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be an original for all purposes, but all such counterparts shall together constitute but one and the same instrument. A scanned or electronically reproduced copy of this fully executed Agreement shall have the same legal effect as an original signed version of this Agreement. 15.6 Severability upon Finding of Invalidity. If one or more provision in this Agreement is found to be invalid, illegal or otherwise unenforceable, all other provisions will remain unaffected and shall be deemed to be in full force and effect, except as set out in Section 14.2. If any provision in this Agreement is found to be invalid, illegal, or otherwise unenforceable, the Parties shall negotiate in good faith to modify this Agreement so as to effect the original 15 intent of the Parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally intended by the Parties. 15.7 Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective successors and permitted assigns, and shall not be modified except by an express written agreement signed by a duly authorized representative of both Parties. 15.8 Force Majeure. Neither Party shall be responsible for delays in the performance of its obligations caused by events beyond the Party's reasonable control, including, but not limited to, strikes, riots, insurrection, failure of essential governmental permits not under the control of one of the Parties, and acts of God. 15.9 Attachments and Exhibits. All attachments and exhibits to this Agreement are hereby made a part hereof as if fully set out herein. 15.10 Entire Agreement. This Agreement embodies the complete agreement of the Parties, superseding all oral or written previous and contemporary agreements between the Parties relating to this Agreement. In the event of any conflict in contractual interpretation between this Town Pole License and the Agreement, the terms and conditions of the Town Pole License shall govern, provided however that any future amendments or modifications to the Agreement shall simultaneously apply and serve to amend or modify the Town Pole License without the need by either Party to provide notice of such to the other. 15.11 Authority to Execute. Any individual executing this Agreement on behalf of a Party represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of such Party, and this Agreement is binding upon such Party in accordance with its terms. [Remainder of page intentionally left blank; signature page to follow.] 16 Witness the following signatures: Grantor: Town of Vinton, Virginia ________________________ (Seal) By: Richard W. Peters, Jr. Its: Acting Town Manager Grantee: Cox Wireless Access, LLC ________________________ (Seal) By: Its: 17 ATTACHMENT A PREFERRED AND PROHIBITED SITES Licensee is encouraged to place, attach, or colocate equipment and antennas on: • Government Buildings in a manner such that equipment may make maximum use or parapets or other camouflaging opportunities • Traffic light poles Licensee is prohibited from placings, attaching, or colocating equipment and antennas on, replacing, or guying: • Decorative Ornamental pedestrian street light poles • Other structures built or improved under the terms of the 2015 Community Development Block Grant (CDBG) {00378026.DOCX } 1 NON-EXCLUSIVE WIRELESS FACILITIES FRANCHISE AGREEMENT This Non-Exclusive Wireless Facilities Franchise Agreement (“Agreement”) is made and entered into as of this ___ day of ___________, 2020, by and between the Town of Vinton, Virginia, a Virginia municipal corporation (the “Town,” “Grantor,” or “Lessor”), and Cox Wireless Access, LLC, a Delaware limited liability company domesticated in the Commonwealth of Virginia (“Cox Communications,” “Grantee,” or “Lessee”), having an office at 1341 Crossways Boulevard, Chesapeake, Virginia 23320. WHEREAS, Cox Communications has requested the right to install, operate, and maintain Wire- less Facilities in the Town's Public Ways to provide Wireless Services within certain areas of the Town; and WHEREAS, the Town owns and/or manages the Public Ways in the Town, and is authorized by Article VII, § 9 of the Virginia Constitution, Article 1 of Chapter 21 of Title 15.2 of the Code of Virginia, 1950, as amended, and Section 15.2-2030 of the Code of Virginia, 1950, as amended, to lease and/or fran- chise the use of the Public Ways and the airspace above same, under certain terms and conditions further set forth in Chapter 15.1 of Title 56 of the Code of Virginia, 1950, as amended, and federal law pertaining to the same topics; and WHEREAS, the Town is agreeable to leasing and franchising to Cox Communications the use of the Town's Public Ways subject to certain terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing premises, which are expressly incorpo- rated herein, and the mutual promises and covenants herein contained, the Town and Cox Communications agree as follows: Section 1. Grant of Authority. (a) Subject to the terms of this Agreement, the Town hereby grants to Grantee a non-exclusive revocable license to construct, install, maintain, locate, move, operate, place, protect, reconstruct, reinstall, relocate, remove, and replace wireless support structures, Utility Poles, above-ground equipment cabinets, fiber optic or other cable, antennas, conduits, pipes, and related facilities for the provision of Wireless Services in, on, over, under, and through the public streets and public rights-of-way of the Town of Vinton, except the area where prohibited, (for the avoidance of doubt, the Parties acknowledge and agree that the license granted to Grantee expressly includes the right to attach its equipment and Wireless Facilities, as applicable, onto existing Utility Poles, existing Third Party Poles, existing Company Poles, and non-Town- owned street lights or non-Town-owned traffic-control structures within the public streets and rights-of- way). Grantee shall be solely responsible for obtaining any required consents or property rights from state agencies or private persons if and to the extent required by law. Nothing in this Agreement shall be con- strued as consent by the Town for Grantee to provide Cable Service within the Town. (b) Grantee acknowledges that this license is for the benefit of Grantee only, and that Grantee is not authorized to lease, sublease, assign, or otherwise allow any other person (other than an Affiliate of the Grantee) to use or occupy the public streets and public rights-of-way except in accordance with the provisions of this Agreement. (c) Grantee acknowledges that, to the extent allowed by state and federal law, the Town has the authority to adopt ordinances regulating the use of the public streets and public rights-of-way, so long as such ordinances are non-discriminatory, apply equally to all similarly-situated persons, and are related to using the public streets and public rights-of-way of the Town. Grantee agrees to be bound by all such future lawful ordinances so long as it operates infrastructure services or has property or equipment within the public streets or public rights-of-way within the Town. Additionally, the parties acknowledge and agree that if any federal, state, or local law or regulation (including, but not limited to, those issued by the Federal {00378026.DOCX } 2 Communications Commission or its successor agency) and any binding judicial interpretation thereof (col- lectively “Laws”) that govern any aspect of the rights and obligations of the parties under this Agreement shall change after the Effective Date of this Agreement, and such change makes any aspect of the rights or obligations under this Agreement inconsistent with then-effective Laws, then the parties agree to promptly amend the Agreement as may reasonably be required to accommodate and/or ensure compliance with any such change in the Laws. (d) This Agreement is not a grant by the Town of any fee simple or other property interest except as expressly set forth in this Agreement and is made subject and subordinate to the prior and contin- uing right of the Town to use the public streets and public rights-of-way occupied by Grantee for the pur- pose of laying, installing, maintaining, repairing, protecting, replacing, and removing sanitary sewers, water mains, storm drains, gas mains, poles, greenways or trails, and other equipment for municipal uses and with the paramount property right of the Town and the public of ingress and egress along, above, over, across, and in said public streets and public rights-of-way. Section 2. Term of the Agreement. (a) The Initial Term of this Agreement shall commence from and after such date (the “Com- mencement Date”) that (i) the Agreement has been approved by the Town Council and (ii) all required bonds, letters of credit, certificates of insurance, and other instruments required by this Agreement have been filed with, and accepted and approved by, the Town, which acceptance and approval shall not be unreasonably delayed, conditioned, or withheld. (b) The initial term of this Agreement shall be ten (10) years, commencing on the date of ap- proval of this Agreement by the Town Council (the “Initial Term”). Unless either party gives ninety (90) days’ written notice of its intention to terminate the Agreement prior to the end of the Initial Term, the Agreement shall thereafter automatically renew for three additional five-year terms (each a “Renewal Term”); provided, however, that either party may, upon giving ninety (90) days’ written notice prior to the end of the Initial Term or any Renewal Term, as applicable, terminate the Agreement. Upon termination of this Agreement as herein provided, and unless the parties are in active good-faith negotiation of a replace- ment agreement or otherwise agree in writing to an extension, Grantee shall be prohibited from further access to the public streets and public rights-of-way of the Town of Vinton for the purposes set forth in this Agreement. The Initial Term and all Renewal Terms may collectively herein be referred to as the “Term” of this Agreement. Notwithstanding anything herein, after the expiration or termination of this Agreement, its terms and conditions shall survive and govern with respect to any remaining Permits in effect until their expiration or termination. (c) Either the Town or the Grantee may terminate this Agreement for an uncured material breach by the other. The non-breaching party must first provide written notice of the existence of a material breach to the breaching party. Such notice shall state the grounds for termination in reasonable detail. The party receiving notice of termination for cause shall thereafter have ninety (90) days to cure, or commence and vigorously pursue good-faith efforts to cure, the alleged material breach. (d) Upon the expiration of this Agreement (including any Renewal Term), or if any portion of Grantee’s facilities are abandoned for a period of time exceeding ninety (90) days, Grantee shall remove its Wireless Facilities and any other equipment permitted to occupy the public streets and public rights-of-way of the Town under this license at its own expense. The Town agrees and acknowledges that all of the equipment, conduits, fixtures, and personal property of Grantee shall remain the personal property of the Grantee and Grantee shall have the right to remove the same at any time during the Term, whether or not said items are considered fixtures and attachments to real property under applicable laws. If, in the event the Grantee fails to remove its facilities after the expiration of the ninety (90) day period and within thirty (30) days following written notice from the requiring removal, the Town may cause such facilities to be removed, without further notice, and charge the actual cost of removal to Grantee, which Grantee shall pay {00378026.DOCX } 3 such costs within thirty (30) days after the Town’s written demand to do so. The Town may collect such costs, expenses, and reasonable attorney’s fees for collecting said costs by bringing action in any court of competent jurisdiction. Section 3. Definitions. For the purposes of this Agreement and the interpretation and enforcement thereof, the following words and phrases have the following meanings, unless the context of the sentence in which they are located manifestly demands otherwise: Affiliate means a person or entity that directly or indirectly or through one or more intermediaries owns, controls, is owned or controlled by, or is under common ownership or control with, another person or entity. Cable Service has the same meaning as it is given in 47 U.S.C. § 522, as amended, and is synony- mous with the term “cable television service.” Conduit means any materials, such as metal or plastic pipe, that protects wire, cable, lines, fiber optic cable, or other technology for the provision of telecommunications services. Duct means a pipe, tube, channel, or similar item for carrying wires, lines, cables, fiber optic cable, or other wireline technology for the provision of telecommunications services. Fiber optic or other cable and related facilities means fiber optic cables or other cables, facilities, conduits, converters, splice boxes, handholds, manholes, vaults, equipment, drains, surface location mark- ers, appurtenances, and related facilities located or to be located by Grantee in the public streets or public rights-of-way of the Town used or useful for the transmission of telecommunications services. Micro-wireless facility means a small wireless facility that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, not longer than 11 inches. Public streets and public rights-of-way or public ways means the surface of and the space above and below any public street, road, highway, avenue, sidewalk, way, greenway/trail, bridge, viaduct, alley, or other public right-of-way, including unimproved surfaces, now or hereafter held by the Town for the purpose of public travel, communications, alarms, street lighting, power distribution, water or sewer service or other public use, whether present or future, to the extent of the Town’s right, title, interest, or authority to grant a franchise to occupy and use such streets and easements for the purpose of providing telecommu- nication infrastructure services. Public works project or public improvements means, without limitation, the construction, recon- struction, realignment, paving, repaving, or other work on any public street or public right-of-way, change of grade or alignment of any public street or public right-of-way, the construction or reconstruction of any water, sanitary sewer, storm sewer, force main, drainage, greenway/trail, or communications facility of the Town. Small wireless facility or small cell facility means a facility that meets each of the following con- ditions: (1) The facilities: a. Are mounted on structures 50 feet or less in height including their antennas; b. Are mounted on structures no more than 10 percent taller than other adjacent struc- tures; or c. Do not extend existing structures on which they are located to a height of more than 50 feet or more than 10 percent, whichever is greater; {00378026.DOCX } 4 (2) Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume; (3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume; and (4) The facilities do not require antenna registration with the FAA. Telecommunications facilities means the plant, equipment, and property, including but not limited to the poles, light poles, Utility Poles, pipes, mains, conduits, ducts, fiber optic and other cables, circuits, and wires, antennas, radios, new wireless support structures and any other equipment and property used by Grantee to provide telecommunication infrastructure services. Telecommunications Facilities permitted hereunder expressly include fiber cable in, on, or over the public streets or public rights-of-way that may be installed by Grantee. Additionally, Grantee may use the fiber optic cable of any telecommunications service provider that is franchised by the Town, with the valid authorization of such third-party provider and in accordance with the applicable permitting requirements of the Town. The term Telecommunications Facilities also includes Wireless Facilities. Telecommunications Services means the providing or offering for rent, sale, or lease, or in exchange for other value received, the transmittal of signals, including but not limited to, voice, data, image, graphic, or video or other programming information, except cable television service, between or among points by wire, lines, cable, fiber optics, circuits, laser, infrared, microwave, radio, satellite or other Telecommunica- tions Facilities, but in no case includes cable television service. Third Party Pole means any existing structure that is not owned, in whole or in part, by the Town or the Grantee, and is installed within the public streets and public rights-of-way. Utility Pole means a structure owned, operated, or owned and operated by a public utility, local government (other than the Town), or the Commonwealth that is designed specifically for and used to carry lines, cables, or wires for communications, cable television, or electricity. Section 4. Compliance with Laws. The parties shall at all times during the Term of this Agreement comply with all applicable federal, state, and local laws, ordinances, and regulations. Expressly reserved to the Town is the right to adopt, in addition to the provisions of this Agreement and existing laws, such additional ordinances and regulations as it may deem necessary for the lawful exercise of its police power for the benefit and safety of the public, as set forth in Section 1.c. Section 5. Construction; Location or Relocation of Facilities. All facilities of the Grantee shall be constructed, installed, and located in accordance with the following terms and conditions, unless other- wise required by law or written order of the Town based on sound engineering considerations. (a) Whenever existing overhead electric utilities, cable facilities, or telecommunications facil- ities are relocated underground within a particular segment of a public street or public right-of-way, the Town may also require the Grantee to relocate its wireless facilities underground, provided that: (i) such relocation does not prohibit, or have the effect of prohibiting, Grantee’s Wireless Services in such locations; (ii) the relocation is commercially reasonable, taking into account both costs and grants or other funds available for such undergrounding; (iii) the Town complies with the Undergrounding Notice Requirements as provided in this Agreement; and (iv) the additional incremental costs of such underground relocation (as compared to aerial) shall be paid by the Town. Any such relocation, if required, shall be made concurrently with other utilities following “dig once” practices so as to minimize costs and disruption of the public streets or public rights-of-way. The Undergrounding Notice Requirements are as follows: {00378026.DOCX } 5 • The Town shall first notify Grantee in writing that it intends to require relocation of certain of the Grantee’s Wireless Facilities pursuant to this Section. • Grantee shall thereafter have thirty (30) days to respond to the Town in writing, specifying a good-faith estimate of the project costs associated with such relocation with reasonable itemi- zation of costs in order for the Town to analyze cost avoidance it might undertake. • If the parties conclude in writing that such relocation is commercially reasonable, and deter- mine to proceed with the relocation, Grantee shall have ninety (90) days thereafter to effectuate same; provided, however, that if Grantee determines, in good faith, that additional time is re- quired to complete the relocation, this timeframe shall be reasonably extended as necessary. • Once the relocation is complete, Grantee shall submit an invoice to the Town, together with documentation therefor, for the costs payable by the Town pursuant to this Section, and the Town shall promptly remit payment to the Grantee. For the avoidance of doubt, the parties acknowledge and agree that this Section, and any relocation require- ment hereunder shall not apply to Small Wireless Facilities and their support structures, including those that are located on structures such as street lights, traffic-control structures, and buildings, that must be located above ground due to the nature of such facilities and their ability to provide Wireless Services. If, during the term of this Agreement, technology changes such that such facilities may serve their function while remaining underground, this clause may be renegotiated upon the Town’s proposal of a new public works project requiring undergrounding. (b) Grantee shall obtain all required permits for the construction or installation of its Wireless Facilities as required in this Agreement; provided, however, that nothing in this Agreement shall be con- strued to prohibit the Town and the Grantee from agreeing to an alternative plan to review future town permit and construction procedures, provided such alternative procedures do not present an undue hardship to Grantee and provide substantially equivalent safeguards for responsible construction practices. (c) In the performance and exercise of its rights and obligations under this Agreement, Grantee shall not interfere in any manner with the existence and operation of any public street or public or private right-of-way, sanitary sewer, water line, storm drain, gas main, pole, overhead or underground electric or telephone wires, television cables, public works, facilities of other telecommunications or information ser- vices providers, or Town property, without the prior approval of the Town. (d) Except as may be expressly provided herein, nothing in this Agreement shall be construed to abrogate or limit the right of the Town of Vinton to perform any public works or public improvements. If any Wireless Facilities interfere with construction, operation, maintenance, repair, or removal of such public works or public improvements, within one hundred eighty (180) days following Grantee’s receipt of written notice from the Town (or such other time period as may be set forth in Section 5(e) or as may be agreed by the Town and the Grantee) Grantee shall, at its own expense, protect, alter, remove, or relocate its facilities, as directed by the Town through its authorized agents. If the Grantee fails so to protect, alter, remove, or relocate equipment within such period, the Town may break through, remove, alter, or relocate the Wireless Facilities without any liability to the Town, and the Grantee shall pay to the Town the actual costs it incurs in connection with such breaking through, removal, alteration, or relocation. Grantee shall also reimburse the Town for or bear any additional cost actually incurred by the Town as a result of Grantee’s failure to comply with the Town’s request to protect, alter, or remove equipment or Facilities under this Agreement. The Town may collect actual costs it has incurred in collecting such costs as debts owed to the Town, by bringing action in any court of competent jurisdiction or exercising the Town’s rights to draw on bonds or letters of credit, or in any other lawful manner, individually or in combination. (e) In the event of a life-threatening emergency, the Town retains the right and privilege to cut or move any Wireless Facilities located within the public rights-of-way as the Town may deem necessary, appropriate, or useful in response to such emergency. The Town will endeavor to notify the Grantee of such {00378026.DOCX } 6 emergencies which may impact its Wireless Facilities. Nothing herein shall create any duties or obligations on the Town to so notify Grantee, nor shall the Town, its officers, agents, employees, or volunteers be liable for any failure so to notify the Grantee. (f) The Wireless Facilities shall be located so as not to interfere with public safety or, to the extent possible, with the convenience of persons using the public streets or rights-of-way for transient or transportation purposes. Grantee shall construct, maintain, and locate Wireless Facilities so as not to inter- fere with construction, location, and maintenance of sewer, water, drainage, electrical, signal, and fiber optic facilities of the Town. (g) Except in the case of emergencies, Grantee shall not move, alter, change or extend any of its telecommunications infrastructure system in any public street or public right-of-way unless prior written notice of its intention to do so is given to the Town and permission in writing to do so is granted, or such requirement is waived, by the Town Manager. The Town shall use its best efforts to either approve or deny Grantee's request to relocate the Wireless Facilities within fifteen (15) days of receipt of Grantee's request. Such permission shall be conditioned upon compliance with the terms and conditions of this Agreement, with such other terms and conditions as will preserve, protect and promote the safety of the public using the public ways, and as will prevent undue interference with or obstruction of the use of the public ways by the public, the Town or by any other public utility, public service corporation, or cable television service operator for their respective purposes and functions. Such work by Grantee shall also be coordinated with the Town’s annual paving program through the Town Department of Public Works. (h) Grantee shall not open, disturb, or obstruct, at any time, any more of the public streets or public rights-of-way than is reasonably necessary to enable it to proceed in laying or repairing its telecom- munications infrastructure system. Grantee shall not permit any public street or public right-of-way so opened, disturbed or obstructed by it to remain open, disturbed or obstructed for a longer period of time than shall be reasonably necessary. In all cases where any public street or public right-of-way is excavated, disturbed or obstructed by Grantee, Grantee shall take all precautions necessary or proper for the protection of the public and shall maintain adequate warning signs, barricades, signals and other devices necessary or proper to adequately give notice, protection and warning to the public of the existence of all actual condi- tions present. (i) After the installation, removal, relocation or construction or maintenance of the Wireless Facilities is completed, Grantee shall, at its own cost, repair and return the public streets or public rights- of-way to a minimum of the same or similar condition existing before such installation, removal, relocation construction or maintenance, in a manner as may be reasonably specified by the Town and to the reasonable satisfaction of the Town. Grantee shall be responsible for damage to Town street pavements, existing util- ities, curbs, gutters, and sidewalks due to Grantee's installation, construction, maintenance, repair or re- moval of its Wireless Facilities in the public streets, public rights-of-way, and shall repair, replace and restore in kind, the said damaged property at its sole expense. Upon failure of Grantee to repair, replace, and restore said damaged property, in a manner as may be reasonably specified by the Town and to the reasonable satisfaction of the Town, after thirty (30) days' notice in writing shall have been given by the Town, or a different time frame to which Grantee and the Town reasonably agree, the Town may cause such necessary repairs to be made ("Self Help Repairs") and may collect the costs incurred from Grantee, including but not limited to, exercising the Town's rights to draw on bonds or letters of credit. The Town may collect such costs, and any expenses and attorney fees incurred in collecting such costs, as debts owed to the Town, by bringing action in any court of competent jurisdiction or in any manner allowed by law. (j) Except as otherwise necessitated by installation, operation and maintenance of the Wireless Facilities contemplated by this Agreement, neither Grantee, nor any person acting on Grantee's behalf, shall take any action or permit any action to be done which may impair or damage any Town Property, including, but not limited to, any public street, public right-of-way or other property located in, on or adjacent thereto. As stated supra, Grantee shall, at its own cost, repair and return any Town Property to the same or similar {00378026.DOCX } 7 condition existing before such installation, removal, relocation construction or maintenance, in a manner as may be reasonably specified by the Town and to the reasonable satisfaction of the Town. Notwithstand- ing this provision, Grantee shall not be responsible for impairment or damage to Town Property caused by Self Help Repairs. (k) In the event of an unexpected repair or emergency, Grantee may commence such repair and emergency response work as required under the circumstances, provided, however, that Grantee shall notify the Town as promptly as possible, before such repair or emergency work is started (or as soon there- after as possible if advance notice is not practicable). (l) Grantee shall maintain its Wireless Facilities in good and safe condition and in a manner that complies with all applicable federal, state and local requirements, laws, ordinances, and regulations. (m) Grantee shall at all times employ a high standard of care and shall install and maintain and use approved methods and devices for preventing failure or accidents which are likely to cause damages, injuries, or nuisances to the public. (n) Grantee shall obtain all required permits from the Town and any other governmental entity having jurisdiction prior to commencing work of any nature and shall comply with all terms and conditions of any such permit. Grantee shall furnish detailed plans of the work and other required information, and shall pay all required fees prior to issuance of a permit in accordance with the rates in effect at the time of payment. Grantee shall comply with all applicable ordinances and permitting requirements. The Town shall issue all permits in accordance with applicable law, including Chapter 15.1 of Title 56 of the Code of Virginia, 1950, as amended. A single permit may be issued for multiple excavations, pole installations, or pole attachments to be made in public streets and rights-of way; provided, however, any applicable fees established by the Town shall apply to each such excavation, pole installation or pole attachment unless otherwise provided by law. Ex- ceptions to the requirement for a written permit may be allowed in cases of emergencies involving public safety or restoration of service. In the case of emergency excavations or pole-related repairs made in a public street or public right-of-way without a permit, Grantee shall make a report of each such excavation or pole-related repair to the Town within two (2) business days and pay any applicable administrative fee (without penalty). Any permit application and inspection related to repair of excavations or pole-related repairs shall be promptly acted upon by the Town so as not to unreasonably delay Grantee in efficiently discharging its public service obligation and in any event shall be granted or denied within thirty (30) days from submission and, if denied, accompanied by a written explanation of the reasons the permit was denied and the actions required to cure the denial. (o) Restoration of roads. (1) Promptly after installation, repair or extension of a telecommunications infrastructure system or any portion thereof or any pavement cut by Grantee in any public way of the Town, the incidental trenches or excavations shall be refilled by Grantee in a manner reasonably acceptable to the Town. Pavement, sidewalks, curbs, gutters, or any other portions of public ways damaged, disturbed or destroyed by such work shall be promptly restored and replaced with like materials to their former condition by Grantee at its own expense; however, where it is necessary, and if authorized by the Town, in order to achieve the former conditions, Grantee shall use materials whose type, speci- fication and quantities exceed or are different from those used in the installation, then Grantee, at its own expense, shall provide such different materials. Where a cut or disturbance is made in a section of sidewalk or paving, rather than replacing only the area actually cut, Grantee shall replace the full width of the existing sidewalk or ap- propriate sections of paving as determined by the Town Department of Public Works {00378026.DOCX } 8 and the full length of the section or sections cut, a section being defined as that area marked by expansion joints or scoring or as determined by the Town Department of Public Works. Grantee shall maintain, repair and keep in good condition for a period of one (1) year following such disturbance all portions of public ways disturbed by Grantee, provided such maintenance and repair shall be necessary because of defective workmanship or materials supplied by Grantee. (2) All trees, landscaping and grounds removed, damaged or disturbed as a result of the construction, installation maintenance, repair or replacement of Wireless Facilities shall be replaced or restored, as nearly as may be practicable, to the condition existing prior to performance of work. All restoration work within the public ways or other areas shall be done in accordance with landscape plans approved by the Town. (p) Restoration of utilities. (1) Grantee shall promptly remove or correct any obstruction, damage, or defect in any public street or public right-of-way caused by Grantee in the installation, operation, maintenance or extension of Grantee's telecommunications infrastructure system. Any such obstruction, damage, or defect which is not promptly removed, repaired or cor- rected by Grantee within thirty (30) days following proper written notice to do so, given by the Town to Grantee, may be removed or corrected by the Town, and the cost thereof shall be charged against Grantee and payable on demand. Any expense, cost, or damages incurred for repair, relocation, or replacement to Town water, sanitary sewer, storm sewer, storm drainage, telecommunication facilities, or other property resulting from construction or maintenance of Grantee's telecommunications infra- structure system shall be borne by Grantee, and any and all expense and cost incurred in connection therewith by the Town shall be fully reimbursed by Grantee to the Town. (2) If weather or other conditions do not permit the complete restoration required by this Section, Grantee shall temporarily restore the affected property. Such temporary res- toration shall be at Grantee's sole expense and Grantee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. (3) Grantee or other person acting in its behalf shall use suitable barricades, flags, flaggers, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such ways or property and shall comply with all federal, state, and local laws and regulations, including, but not limited to, the flagging requirements of the Virginia Department of Transportation. (q) Except in the case of the Town's negligence or intentional or willful misconduct, the Town, its officers, agents, or employees, shall not be liable for any damage to or loss of any of Grantee's telecom- munications services or Wireless Facilities within the public ways or any other areas of the Town as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work or activity or lack of any activity of any kind by or on behalf of the Town. (r) Grantee shall cooperate with the Town in coordinating its construction activities as follows: (1) Grantee shall provide the Town with a schedule of its proposed construction activities prior to commencing any expansion of its backbone system; (2) Upon request, Grantee shall meet with the Town and other users of the public rights- of-way to coordinate construction; and {00378026.DOCX } 9 (3) All construction locations, activities and schedules shall be coordinated, as directed by the Town Department of Public Works, to minimize public inconvenience, disruption or damages. Grantee shall submit a written construction schedule to the Town at least ten (10) business days before commencing any work in or about the public streets or public rights-of-way. Grantee shall further notify the Town not less than five (5) work- ing days in advance of such excavation or work and shall comply with the provisions of the Virginia Underground Utility Damage Prevention Act, Section 56-265.14 et seq. of the Code of Virginia, 1950, as amended. (s) Notwithstanding anything to the contrary in this Section, the installation, placement, maintenance, or replacement of Micro-Wireless Facilities that are suspended on cables or lines that are strung between existing utility poles in compliance with national safety codes shall be exempt from locality- imposed permitting requirements and fees. Section 6. Compensation. Subject to and without waiving the Town’s property rights in superja- cent airspace, pursuant to Section 56-484.29(B) of the Code of Virginia, 1950, as amended, there shall be no compensation due to the Town from the Grantee in connection with Wireless Facilities installed on existing structures not owned by the Town. Locations of new small Wireless Facilities in the public right- of-way shall pay $270 per year in compensation. In the event that preemption of Virginia state franchising laws by the Federal Communications Commission shall cease or be modified in a manner that respects the proprietary rights of the Commonwealth in its public property, the rates shall be: (a) $1,000 for any small wireless facility below 50 feet in height; (b) $1,500 for any small wireless facility above 50 feet in height but not more than 120 feet in height; (c) $5,000 for any structure exceeding 120 feet in height; and (d) $1.00 per square foot for any associated equipment shelter, cabinets, or base station on the ground. These rates shall be adjusted every five years, as of January 1 of that year, in an amount equal to the annual increases in that five-year period in the United States Average Consumer Price Index for all items, all urban consumers (CPI-U), as published by the Bureau of Labor Statistics for the U.S. Department of Labor, rounded to the nearest whole dollar. Rent for runs of aerial wires or cables or runs of underground conduit shall be as set forth in the Virginia Public Rights-of-Way Use Fee, as amended from time to time. Section 7. Mapping. (a) Grantee shall maintain an accurate map of its Wireless Facilities. Grantee shall provide the Town with "as built" drawings and an accurate map or maps showing the location of the Wireless Facilities, including pole lines and conduit lines and any other details reasonably requested by the Town, to include a digitized map(s) in both printed and electronic form readable by the current version of Auto CAD and tied to the Virginia State Plane Coordinate System and tied to the Town's Survey Control monuments and geo- graphic information system certifying the location of all Wireless Facilities within the Town. Grantee shall, upon request, provide updated maps annually. (b) If any of the requested information of Grantee in this Agreement is considered proprietary, confidential or a trade secret, Grantee will notify the Town of this opinion and the Town will keep such information confidential to the extent permitted by the Virginia Freedom of Information Act (Sections 2.2- 3700 through -3714 of the Code of Virginia, 1950, as amended) or other any successor statute or law. Grantee will submit an existing facilities map as a condition precedent to the Town's approval of this Agree- ment. As for new installations, after the effective date of this franchise, Grantee shall submit the proposed mapping of its plans for new construction to the Town prior to any construction. As-built drawings of any {00378026.DOCX } 10 new construction of Wireless Facilities shall be furnished to the Town within sixty (60) days of completion of such construction. All as-built maps and drawings shall be drawn to scale and reference to a physical Town benchmark to the extent the physical benchmark is in reasonable proximity to Grantee's new instal- lation. All mapping shall be provided in a format compatible to the Town's present and future mapping systems. Alternatively, Grantee will pay for the cost of making the mapping compatible. (c) Prior to its installation of any Wireless Facilities in the public streets or public rights-of- way and after Grantee provides the Town with its proposed plans for the facilities, the Town may in its discretion designate certain locations to be excluded from use by Grantee for its Wireless Facilities, includ- ing, but not limited to, ornamental or similar specially designed street lights or other facilities or locations which, in the reasonable judgment of the Town Department of Public Works, do not have electrical service adequate for or appropriate for Grantee's Wireless Facilities or cannot safely bear the weight or wind load- ing thereof, or any other facility or location that in the reasonable judgment of the Town Department of Public Works is incompatible with the proposed Wireless Facilities or would be rendered unsafe or unstable by the installation. The Town Department of Public Works may further exclude certain other facilities that have been designated or planned for other use or are not otherwise proprietary, legal, or other limitations or restrictions as may be reasonably determined by the Town. In the event such exclusions conflict with reasonable requirements of Grantee, the Town will cooperate in good faith with Grantee to attempt to find suitable alternatives, if available, provided that the Town shall not be required to incur financial costs nor require the Town to acquire new locations for Grantee. Grantee shall, prior to any excavation or installation within the public streets or public rights-of-way, provide sufficient notification and joint installation oppor- tunity on a shared cost basis to potential users of the public streets or public rights-of-way as may be pro- vided for by a separate Town policy. Such notification and adopted policies shall be designed to maximize co-location of providers to minimize the disturbance to the public streets or public rights-of-way and max- imize its useable capacity. Section 8. Insurance Requirements. At all times during the Term of this Agreement, Grantee shall, at its expense, maintain the insurance policies listed herein. Any required policy obtained through a third-party insurer shall be in a form and with an insurance company authorized or permitted to do business in the Commonwealth of Virginia and have a rating of no less than A- VII by A.M. Best Co. Although Grantee is not currently self-insured, the Town acknowledges and agrees that Grantee may elect to self- insure during the Term of this Agreement if: (a) Grantee meets the self-insurance requirements promulgated under Virginia law; and (b) Grantee has processed any necessary applications and/or materials with the state of Virginia required to self-insure (and has provided copies of same to the Town). (a) Commercial General Liability. Grantee shall procure and maintain throughout the Term of this Agreement commercial general liability insurance with limits of five million dollars ($5,000,000.00) for bodily injury (including death), and for property damage (each occurrence). Grantee agrees that it will include the Town as an additional insured as its interest may appear under this Agreement. However, the parties acknowledge that Grantee may meet the policy limit in this Section by combination of Grantee's General Commercial Liability Policy and Grantee's Umbrella or Excess Liability Policy. (b) Contractual Liability. Broad form Contractual Liability insurance, including the indemni- fication obligations of Grantee set forth in this Agreement. (c) Workers’ Compensation. Statutory limits. (d) Commercial Automobile Liability. Commercial Automobile Liability insurance having a combined single limit of liability of One Million Dollars ($1,000,000) applicable to owned or non-owned vehicles used in the performance of any work under this Agreement. (e) Pollution Liability Insurance. Grantee shall maintain during the life of this Agreement Pol- lution Liability Insurance in the amount of One Million Dollars ($1,000,000) for each occurrence. Coverage {00378026.DOCX } 11 shall be provided for bodily injury and property damage resulting from pollutants which are discharged suddenly and accidentally. Such insurance shall also provide coverage for cleanup costs. (f) Grantee shall, prior to commencing construction pursuant to the execution of this Agree- ment or within ten (10) business days after the granting of a permit contemplated by this Agreement, which- ever is sooner, furnish to the Town certificates of insurance, showing the type, amount, effective dates and date of expiration of the policies, and thereafter prior to the expiration of any such policy or change in the amount or conditions, of coverage. Such certificate or certificates and evidence of insurance shall include the Town, its officers, and employees as additional insureds as their interest may appear under this agree- ment excluding Worker's Compensation and Employer's Liability. Section 9. Surety. Within thirty (30) days after this Agreement is approved by the Town Council, and prior to the issuance of any permits for construction by Grantee, Grantee shall furnish and file with the Town a performance bond, in a form approved by the Town Attorney, and written by a surety authorized or permitted to do business in the Commonwealth of Virginia, in the sum of Fifty Thousand Dollars ($50,000). The rights reserved to the Town with respect to such performance bond shall be in addition to all other rights Grantor may have under this Agreement or any other law. Section 10. Transfer of ownership. Notwithstanding any provision of this Agreement, Grantee may not assign, transfer, lease, or sell any of the rights and privileges granted hereunder without the ap- proval of the Town Manager, which approval shall not be unreasonably withheld, conditioned, or delayed; provided, however, that no such consent need be obtained if Grantee assigns, transfers, leases or sells any rights and privileges granted hereunder to any of its principal, affiliates, subsidiaries of its principal, or to any entity which acquires all or substantially all of Grantee's assets by reason of a merger, acquisition, or other business reorganization ( each a "Permitted Transfer"). Notwithstanding anything contained herein to the contrary, a Permitted Transfer shall not be effective until such transferee has filed with the Town of Vinton a duly executed instrument reciting the fact of such assignment, transfer, lease, or sale and accepting the terms of this Agreement and agreeing to perform all of the conditions hereof. The Town and Grantee acknowledge and agree that, notwithstanding anything in this Agreement to the contrary, certain Wireless Facilities deployed by Grantee in the rights-of-way pursuant to this Agreement may be owned and/or oper- ated by Grantee's third-party wireless carrier customers ("Carriers") and installed and maintained by Grantee pursuant to license agreements between Grantee and such Carriers. Such facilities shall be treated as Grantee's Wireless Facilities for all purposes under this Agreement provided that (i) Grantee remains responsible and liable for all performance obligations under this Agreement with respect to such facilities; (ii) the Town's sole point of contact regarding such facilities shall be Grantee; and (iii) Grantee shall have the right to remove and relocate said facilities. Section 11. Indemnification. Grantee agrees to indemnify, defend, and hold harmless the Town, its officers, employees, and agents from and against all claims, demands, losses, damages, liabilities, fines, and penalties, and all actual costs and expenses incurred in connection therewith, including, without limi- tation, reasonable attorney's fees and costs of defense (collectively the losses) arising out of any breach by Grantee of the terms and conditions of this Agreement, except to the extent proximately caused by the negligence or willful misconduct of the Town of Vinton, its officers, employees and agents. In addition, Grantee shall protect, indemnify, and hold harmless the Town, its officers, agents, and employees, from any and all demands for fees, claims, suits, actions, causes of action, or judgments based on the alleged infringement or violation of any patent, invention, article, arrangement, or other apparatus that may be used in the performance of any work or activity arising out of the use of any facilities or the provision of service, except to the extent proximately caused by the negligence or willful misconduct of the Town of Vinton, its officers, employees or agents. Notwithstanding any provision of this Agreement, to the extent permitted by law and without waiving the Town's sovereign immunity, neither the Grantor nor the Grantee shall be liable to the other for consequential, indirect, or punitive damages (including lost revenue, loss of equipment, interruption, loss of service, or loss of data) for any cause of action, whether in contract, tort, or otherwise, {00378026.DOCX } 12 even if the Town or Grantee was or should have been aware of the possibility of these damages, whether under theory of contract, tort (including negligence), strict liability, or otherwise. Section 12. Hazardous Substances. In its performance of this Agreement, Grantee shall not transport, dispose of or release any hazardous substance, material, or waste, except as reasonably necessary to allow Grantee in performance of its work under this Agreement or to reliably provide its services, and in any event Grantee shall comply with all federal, state, and local laws, rules, regulations, and ordinances controlling air, water, noise, solid wastes, and other pollution, and relating to the storage, transport, release, or disposal of hazardous material, substances or waste. Regardless of the Town's acquiescence, Grantee shall indemnify and hold the Town, its officers, agents, employees, and volunteers harmless from all costs, claims, damages, causes of action, liabilities, fines or penalties, including reasonable attorney's fees, result- ing from Grantee's violation of this Section and agrees to reimburse the Town for all costs and expenses incurred by the Town in eliminating or remedying such violations. Grantee also agrees to reimburse the Town and hold the Town, its officers, agents, employees, and volunteers harmless from any and all costs, expenses, attorney's fees, and all penalties or civil judgments obtained against any of them as a result of Grantee's use or release of any hazardous substance or waste onto the ground, or into the water or air from, near or upon the Town's premises. Grantee shall not be responsible for any condition, including the release of a hazardous material, substance or waste to the extent that such existed on the effective date of this Agreement or that otherwise did not result from Grantee's activities. For purposes of this Section, the fol- lowing definitions shall apply: "Hazardous Substances" means asbestos and any and all pollutants, dangerous substances, toxic substances, hazardous wastes, hazardous materials, and hazardous substances as referenced or defined in, or pursuant to, any federal, state, local, or other applicable environmental law, statute, ordinance, rule, order, regulation, or standard in effect on the date of a release including, without limitation, the Resource Conservation and Recovery Act (42 U.S.C § 6901 et seq.), as amended, the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. § 135 et seq.), as amended, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. § 9601 et seq.), as amended, and the Toxic Substance Control Act (15 U.S.C. § 2601, et seq.), as amended. "Release" includes the placing, releasing, depositing, spilling, leaking, pumping, emitting, empty- ing, discharging, injecting, escaping, leaching, disposing, or dumping of any substance. Section 13. Applicability of State Law. (a) This Agreement may cover existing wireless support structures and the installation and maintenance of Small Wireless Facilities on existing structures as provided in Chapter 15.1 of Title 56 of the Virginia Code. As of the effective date of this Agreement, the Town does not permit attachment of any Small Cell Facility on Grantor Poles except pursuant to separate Master Lease Agreement. If, during the term of this Agreement, the Town of Vinton allows third-party Small Cell Facility attachment to Grantor Poles, then Grantee shall have the right to install or relocate Telecommunications Facilities to Grantor Poles at Grantee's expense, upon request of Grantee and execution of a separate Master Lease Agreement between Grantee and the Town on terms and conditions satisfactory to the parties. (b) In the event of any conflict between this Agreement and the provisions of state law, state law shall control. Section 14. General Provisions. (a) Authority. Grantee warrants and represents that it has obtained all necessary and appropri- ate authority and approval from all applicable federal and state agencies or authorities to provide all Wire- less Facilities and services it intends to provide within the Town, and upon request by the Town will provide evidence of such authority. {00378026.DOCX } 13 (b) Other remedies. Nothing in this Agreement shall be construed as waiving or limiting any rights or remedies that the Town or Grantee may have, at law or in equity, for enforcement of this Agree- ment. (c) Severability. If any section, subsection, sentence, clause, phrase, or other portion of this Agreement, or its application to any person, is, for any reason, declared invalid, in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining por- tions hereof. (d) Non-waiver. Neither party shall be excused from complying with any of the provisions of this Agreement by any failure of the other party, upon any one or more occasions, to insist upon strict performance of this Agreement or to seek the other party's compliance with any one or more of such terms or conditions of this Agreement. (e) Conflicts of law. If there is a conflict between the provisions of this Agreement and any law, whether federal, state, or local, including all future laws and ordinances, the law and conflicting Agree- ment provision will, to the extent reasonably possible, be construed so as to be consistent with each other and if such construction is not reasonably possible, the conflicting provision of this Agreement shall be deemed superseded by such law and have no effect, notwithstanding the contract clause of the Virginia or United States Constitutions. (f) Controlling law and venue. By virtue of entering into this Agreement, Grantee agrees and submits itself to a court of competent jurisdiction in Roanoke County, Virginia or in the United States District Court for the Western District of Virginia, Roanoke Division, and further agrees that this Agree- ment is controlled by the laws of the Commonwealth of Virginia or any applicable federal laws and that all claims, disputes and other matters shall be decided only by such court according to the laws of the Com- monwealth of Virginia or any applicable federal laws or by any regulatory body with jurisdiction, including, to the extent such jurisdiction might exist, the Federal Communications Commission. (g) Captions. The section captions and headings in this Agreement are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. (h) Nondiscrimination. During the performance of this Agreement, Grantee agrees that it will not discriminate against any employee or applicant for employment on the basis of race, religion, color, sex, disability, or national origin. Grantee agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Grantee in all solicitations or advertisements for employees placed by or on behalf of Grantee, will state that Grantee is an equal opportunity employer. Notices, advertisements and solicitations placed in accordance with fed- eral law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements herein. (i) Notices. Notices to be given pursuant to this Agreement shall be in writing and addressed as follows: To the Town: Town Manager 311 South Pollard Street Vinton, Virginia 24179 With a copy to: Town Attorney Guynn, Waddell, Carroll & Lockaby 415 South College Ave. Salem, Virginia 24153 {00378026.DOCX } 14 To Town Department of Public Works: Vinton Department of Public Works 804 Third Street Vinton, Virginia 24179 jhiner@vintonva.gov To Grantee: Cox Wireless Access, LLC 1341 Crossways Boulevard Chesapeake, Virginia 23320 With a copy to: Cox Communications Attn: Vice President, Government Affairs 6205B Peachtree-Dunwoody Road Atlanta, Georgia 30328 Witness the following signatures: Grantor: Town of Vinton, Virginia ________________________ (Seal) By: Richard W. Peters, Jr. Its: Acting Town Manager COUNTY OF ROANOKE/TOWN OF VINTON COMMONWEALTH OF VIRGINIA, The foregoing instrument was acknowledged before me this _____ day of _________________, 2020, by Richard W. Peters, Jr., Acting Town Manager, on behalf of the Town of Vinton, Virginia. My commission expires: _______________ Notary registration number: _______________ ____________________________________ Notary Public {00378026.DOCX } 15 Grantee: Cox Wireless Access, LLC ________________________ (Seal) By: Its: CITY/COUNTY OF ____________________________, COMMONWEALTH OF VIRGINIA, The foregoing instrument was acknowledged before me this _____ day of _________________, 2020, by __________________________, ______________________, on behalf of Cox Wireless Access, LLC. My commission expires: _______________ Notary registration number: _______________ ____________________________________ Notary Public Meeting Date October 20, 2020 Department Planning and Zoning Department Issue Consideration of public comments on the proposed Community Development Block Grant (CDBG) application to be submitted to the Virginia Department of Housing and Community Development (DHCD) for the Town of Vinton Cedar Ave and W. Cleveland Ave Housing and Community Infrastructure Rehabilitation Program. Summary Staff originally submitted an application for this project in April of 2020, although our project was not selected during the first round of grant awards. The Town intends to re-apply for $1,311,672 through the CDBG grant program to fund the Cedar Avenue and West Cleveland Avenue Housing and Community Infrastructure Rehabilitation Project. The proposal will contain at least the following activities: 1. Housing Rehabilitation for 8 homes, including both owner-occupied and investor-owned units; 2. Acquisition of properties in the floodplain, relocation of the affected residents, demolition of the units, and clearance of all built structures; 3. Infrastructure improvements to water supply facilities; 4. Infrastructure improvements to ADA Accessible Pedestrian facilities (sidewalks); 5. Blight removal. Council has been previously briefed and Public Hearings were also held at the February 18, 2020 and April 7, 2020 Council Meetings, prior to the initial application. Attachments Fact Sheet Resolution Recommendations Conduct Public Hearing Motion to adopt the Resolution Town Council Agenda Summary TOWN OF VINTON CEDAR AVE AND W. CLEVELAND AVE HOUSING AND COMMUNITY INFRASTRUCTURE REHABILIATATION PROGRAM 2nd PUBLIC HEARING OCTOBER 20, 2020, 7:00PM This public hearing is being held to solicit public input on local community development and housing needs in relation to Community Development Block Grant Funding for a project in Vinton, Virginia. Program Background: • The Community Development Block Grant (CDBG) program is a federal program created by the Housing and Community Development Act of 1974. • Administered by the Virginia Department of Housing and Community Development (DHCD). • The program provides funding for local governments to address and meet community development needs: 1. Improve the economic and physical environment in Virginia's communities through implementation of activities which benefit low- and moderate-income persons, 2. Prevent or eliminate slums and blighting conditions, or 3. Meet urgent needs which threaten the welfare of citizens. • Approximately $27,750,000 was made available for the 2020 CDBG Grant Program: 1. Approximately $15,330,000 total allocated for Competitive Grants. 2. There are 281 eligible towns, cities, and counties in Virginia. 3. Typically 50-60 communities apply and 12-20 of these receive funding. 4. Approximately $7,000,000 was allocated in the Spring 2020 application round. 5. There is up to $4,000,000 available for the Fall 2020 application round. • A wide range of activities can be pursued with CDBG funds. The five primary project types under the Competitive CIG program are: 1. Comprehensive Community Development 2. Housing 3. Economic Development 4. Community Facility 5. Community Service Facility Vinton’s Past Use of CDBG funds: The Town has utilized CDBG funds to implement economic development projects in Vinton. Most recently, the Town has utilized CDBG funds for: Downtown Business Revitalization Improvements and Virginia Individual Development Account Program (VIDA). Vinton’s Proposed Use of CDBG funds: The Town plans to (re)submit a revised application on or before October 20, 2020 for a CDBG grant of $1,311,672 for the Cedar Ave and W. Cleveland Ave Housing and Community Infrastructure Rehabilitation Project. The proposal will contain at least the following activities: 1. Housing Rehabilitation of 8 homes, including both owner-occupied and investor- owned units; 2. Acquisition of properties in the floodplain, relocation of the affected residents, demolition of the units, and clearance of all built structures; 3. Infrastructure improvements to the water supply facilities; 4. Infrastructure improvements to ADA Accessible Pedestrian facilities (sidewalks); 5. Blight removal. The Town is working closely with residents, property owners, commercial businesses, and other interested parties on the scope and character of the project. Displacement Regulations: Any residential displacement or relocation resulting from the implementation of a CDBG project must comply with Federal Guidelines as set forth in the "Uniform Relocation Assistance and Real Properties Acquisition Policies Act.” The Act seeks to minimize displacement of people from their homes and requires the offering of advisory services and financial compensation to those impacted. The Town anticipates limited displacement requiring relocation as a result of this project and will make every effort to minimize the impact to affected residents. PUBLIC INPUT REQUIREMENTS: Any citizen comment on the following will be considered: 1. General local housing and community development needs 2. The Town’s past use of CDBG funds over the last five years 3. The Town’s proposed CDBG project Oral and written comments will be accepted. Information related to the Town's past and proposed use of CDBG funds is available to the public prior to and following application submission. The Town will maintain files demonstrating the public hearings were properly advertised, a list of citizens attending the hearings, and written and/or recorded minutes of the hearings. For additional information, contact Richard Peters, Assistant Town Manager at (540) 343-1508 or rpeters@vintonva.gov. Comments and grievances can be submitted in writing to the Town Manager’s Office, Town of Vinton, Virginia at 311 South Pollard Street, Vinton, VA 24179 or by phone at (540) 983-0607, or Virginia Relay Service 711 until October 27, 2020 at 5pm. Persons requiring special assistance to attend and participate at this public meeting should contact the Town Manager’s office at (540) 983-0607. 1 RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, OCTOBER 20, 2020, AT 7:00 P.M., BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED AUTHORIZING THE PREPARATION AND FILING OF AN APPLICATION FOR COMMUNITY IMPROVEMENT GRANT FUNDS THROUGH THE VIRGINIA COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the Town of Vinton has previously participated in the Community Development Block Grant (CDBG) program as administered by the Virginia Department of Housing Community Development (VDHCD) in order to address the Town’s priority community development needs; and WHEREAS, the Town of Vinton has identified revitalization of the Town as a priority need to be addressed through projects over the previous years and more specifically has identified the Cedar / W. Cleveland area consisting of Cedar Avenue, W. Cleveland Avenue, 1st, 2nd, 3rd, 4th, and 5th Streets, Glade Street, and Etna Street to be the area of most significant need due to the deteriorated and dilapidated condition of the residential properties, the presence of the floodplain affecting residential structures during significant rain events, the high percentage of rental units, the periodic flooding which impacts the area, and the inadequate infrastructure in the area; and WHEREAS, the Town applied for and received a CDBG Planning Grant in the amount of $30,000 from VDHCD in FY 2017 to undertake a neighborhood revitalization study to identify needs, develop a proposed improvement program and budget, identify additional funding resources to implement said program, and conduct the additional work necessary to submit a 2020 CDBG Community Improvement Grant application; and WHEREAS, the Town is eligible for and wishes to submit a 2020 CDBG Community Improvement Grant application for the Cedar Ave and W. Cleveland Ave Housing and Community Infrastructure Rehabilitation Project for a total of $1,311,672 to VDHCD by October 30, 2020; and WHEREAS, the Town conducted public and stakeholder meetings; formed a Project Management Team which met on a regular basis; completed a physical needs assessment of the targeted portion of the Town and surrounding properties; conducted a Housing Occupancy Survey of the owner- occupants and tenant-occupants within the targeted portion of the Cedar and W. Cleveland neighborhood; solicited and received Preliminary Applications for Housing Assistance from owner- occupants and tenant-occupants and preliminary Landlord Participation Agreements within the final delineated project area; solicited and received options to acquire and demolish properties located in the floodplain, relocate affected residents to adequate housing, and to remove blighted structures throughout the project area; completed a Preliminary Engineering Report and cost estimate for the stormwater drainage system and improvements to the water, sewer, and street utilities within the targeted and final delineated project area; and WHEREAS, said needs assessment and surveys identified deteriorating and dilapidated residential property as a significant problem in the targeted portion of the Cedar Ave and W. Cleveland Ave Neighborhood, indicated interest in assistance to incentivize homeownership, indicated a number of housing units located in the floodplain and a number of blighted structures throughout the area, 2 indicated significant instance of water odor and color issues, and further indicated that periodic flooding caused by the inadequate storm drainage system in the area is a blighting influence and an ongoing threat to public health, safety, and welfare; and WHEREAS, a Cedar Ave and W. Cleveland Ave Housing and Community Infrastructure Neighborhood Rehabilitation Project for physical improvements has been developed by the Town in cooperation with property owners and related stakeholders pursuant to requirements for funding set forth by VDHCD including a report on the estimated housing rehabilitation costs within the final delineated project area; a preliminary Housing Rehabilitation Program Design requiring private investment by investor-owners of rental property; an Acquisition, Relocation, and Clearance Plan identifying households eligible for mitigation; and a Preliminary Engineering Report (PER) with a cost estimates for replacing those portions of the storm drainage system responsible for the poor drainage conditions, and improvements to the associated water, sewer, and street utilities in the target area; and WHEREAS, the Town of Vinton is in receipt of seven (7) Preliminary Applications for Housing Assistance from residents within the final delineated project area of which seven (7) or 100% represent LMI households, one (1) Landlord Participation Agreement from investor-owner of residential property in the area where said property owner has indicated that they will provide 10% of the cost of rehabilitating their property plus amounts over eligible cost limits for a total of at least $5,000 in private investment, and fifteen (15) applications from owners of property and housing units located in the floodplain who have indicated interest in relocation, acquisition, and clearance to mitigate flood loss; and WHEREAS, the proposed Housing Rehabilitation Program will provide one hundred percent (100%) direct benefit for seven (7) LMI owner-occupied housing units/households with ten (10) persons and for one (1) LMI tenant-occupied housing units/households with approximately one (1) person; and the planned relocation, acquisition, and clearance will provide one hundred percent (100%) direct benefit for nineteen (19) LMI tenant-occupied units with nineteen (19) inhabitants (at full occupancy) to relocate from substandard and at-risk locations to adequate housing and to remove blight; and the planned water system improvements will provide direct benefit for approximately twenty residential units/households with twenty (20) inhabitants; and the proposed pedestrian improvements will provide direct benefit for all of the neighborhood residents, Town residents, and visitors by connecting bus routes, the greenway, and the neighborhood to the Town for safe access to retail, services, recreation, and work; and WHEREAS, the Town of Vinton has or will secure financial commitments for the final delineated project area including: 1) $664,875 in Pre-Disaster Mitigation (PDM) Funds through the Virginia Department of Emergency Management (VDEM) for acquisition, demolition, and clearance of residential structures located in the Glade Creek/Tinker Creek floodway and relocation of affected residents; 2) $77,545 of its Streets Fund Budget for street improvements during Fiscal Years 2022 and 2023; 3) at least $5,000 from participating investor-owner for housing rehabilitation to their properties in the area; 4) $3,000 from its General Fund Budget for neighborhood cleanups during Fiscal Years 2022 and 2023; 5) $100,000 in Facility Development funds from Southeast RCAP to upgrade household water delivery systems and; 6) $214,397 to be raised with a bond for water supply infrastructure improvements in the 1st Street Corridor; and 7) invest its workforce and equipment to assist with neighborhood clean-up, street improvements, and demolitions, at an estimated value of $19,342; for a total non-CDBG and Town investment of $1,084,159; and 3 WHEREAS, the Town of Vinton has properly advertised and conducted public hearings on February 18, 2020 and October 20, 2020 which addressed the CDBG program and the CDBG project application, thereby meeting citizen participation requirements; and WHEREAS, the residents and property owners in the targeted portion of the Town of Vinton and the Management Team have requested the Town to proceed post haste in resolving the problems identified in the final delineated Cedar Ave and W. Cleveland Ave project area and in securing necessary funding to carry out the Cedar Ave and W. Cleveland Ave Housing and Community Infrastructure Neighborhood Rehabilitation Project. NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Vinton, Virginia that: 1. The Town of Vinton wishes to apply for a 2020 CDBG Community Improvement Grant in the amount of $1,311,672 for the Cedar Ave and W. Cleveland Ave Housing and Community Infrastructure Neighborhood Rehabilitation Project; and hereby commits a total of $314,284 in Town investment combined with a solicited $769,875 in other public and private investment for a total project cost of $2,395,831 for the purpose of rehabilitating eight (8) residential housing units through a Housing Rehabilitation Program; acquiring and clearing nine (9) properties containing nineteen (19) residences located in the floodplain and relocating residents to suitable housing units; and providing infrastructure upgrades to water and street systems in the delineated project area in order to meet program-eligible housing rehabilitation needs, mitigate loss due to flooding, and eliminate the blight/blighting influences in the final delineated project area. 2. The Town hereby authorizes the Acting Town Manager, the Town’s chief administrative official, to execute and file all appropriate documents necessary for submission of the Town of Vinton’s 2020 Community Development Block Grant application on or before October 30, 2020 and to provide such additional information as may be required by the Virginia Department of Housing and Community Development. This Resolution adopted on motion made by Council Member , seconded by Council Member , with the following votes recorded: AYES: NAYS: APPROVED: Bradley E. Grose, Mayor ATTEST: ______________________________ Susan N. Johnson, CMC, Town Clerk 1 Meeting Date October 20, 2020 Department Finance/Treasurer Issue Further discussion on NLC Service Line Warranty Program and ServLine Leak Protection Program Summary On September 1, 2020 Council heard a presentation from Jim Golden and Jenna Hazelet on the NLC Service Line Warranty Program and ServLine Leak Protection Program. Staff will give a brief overview of the presentation and be available to answer any questions that Council might have. Attachments NLC Service Line Warranty Program flyer ServLine Leak Protection Program flyer ServLine Warranty Pricing Marketing Agreement with SLWA ServLine Proposal Recommendations No action required Town Council Agenda Summary Water Line The NLC Service Line Warranty Program offers affordably priced emergency repair/replacement plans to address aging private sewer and water infrastructure. Customers call to receive prompt emergency repairs provided by local, licensed and insured contractors. For more information contact: 1-866-974-4801 or partnerships@utilitysp.net Sewer Line Interior Plumbing Benefits to Homeowners Many homeowners are not aware of their responsibility for their service lines until they have a repair emergency. When they call the city, they often find that they are faced with a costly repair and that the city can’t help them. Over the past three years, we have performed over 1.2 million repairs, saving our customers over $394 million! Experience in Virginia • 6 partners • Over 160,000 customers • $6.2 million in repairs in the last three yearsPeace of Mind/Trust • Fully vetted, licensed and insured local contractors • Covered repairs guaranteed for one year Financial Protection • No deductibles or trip fees • Affordably priced coverage • 30-day money-back guarantee with ability to cancel at any time Convenience • 24/7/365 claims hotline, including holidays • No need to search for a qualified contractor in an emergency What We Do NLC Service Line WarrantyProgram Overview Benefits to the City The NLC Service Line Warranty Program offers comprehensive programs that provide these important benefits: Customer Education • Increasing homeowner awareness of their responsibility reduces calls to the city/utility and customer dissatisfaction with the city for not offering a solution • The program is offered at no cost to the city • Use of City logo promotes trust Funding for Key Initiatives Many partners participate in a share of the revenue often utilized for: • Low-income assistance and affordability programs • Conservation initiatives • Offsetting rate increases • Infrastructure improvement projects Customer Satisfaction • 98% customer satisfaction rating • 9 out of 10 customers surveyed would recommend the program to friends, family and neighbors • More than 90% of customers trust the program because of the partnership with the city Unbelievably excellent service all around. There is nothing more I could have asked for. Your service greatly exceeded all expectations. Thank you. Dewitt S. Lewisburg, WV I have had three sewer line calls and one real disaster. Each time the problem was handled promptly. This is the best peace of mind a single woman can purchase for a reasonable premium.Pat S.Wheeling, WV For more information contact: 1-866-974-4801 or partnerships@utilitysp.net Offering utilities and their customers ongoing protection from the high costs of customer water leaks Serving your local community HomeServe has: 900+ Partners 1.3 Million Repairs performed in the past three years 4 Million+ Customers 7 Million+ Service Contracts $454 Million in repair costs saved by customers in the past three years Aging infrastructure is causing more and more water leaks each year. Customer water leaks can negatively impact utility budgets, efficiency and customer perception. When a customer receives an abnormally high water bill resulting from a leaking pipe or fixture, the utility is not responsible but, in many cases, will partially adjust the bill. However, the portion the resident must cover can still be beyond their means, leaving them with a long payment plan and a feeling of dissatisfaction with the water utility. The ServLine Leak Protection Program is a win-win for water utilities and their customers. Designed to protect all qualifying customers from this potentially costly expense, ServLine also helps water utilities recapture lost revenue and bad debt associated with customer water leaks. Additionally, the program unburdens the utility from the stress, effort and time involved in the administration of the leak adjustment process. An affiliate partner of the National Rural Water Association and numerous State Rural Water Associations, ServLine helps utilities lower costs while enhancing customer peace of mind and satisfaction. Overview www.servline.com COL_20_0810_1PCBSL Frequently Asked Questions Who else offers this type of program? Currently ServLine is the only company in the country offering this as an insurance-backed program that is vetted and partnered with the National Rural Water Association and multiple state associations. The program has paid 100% of claims that have met the utility’s leak guidelines. Why is this an opt-out program? There was concern that a portion of the customer base would miss the notice information, so an opt-out approach prevents those customers from “falling through the cracks” and facing an unexpected and expensive charge. Will this cause more work for utility staff? Once implemented, the program will simplify the utility staff’s workload and should decrease the amount of time and effort spent on leak adjustments. There is setup and training that takes place during the launch process. However, a ServLine team personally guides the staff through this process and will continue to be a resource to the utility staff after launch. How do customers respond to the program? Across the nation, we have over a 96% participation rate because most customers appreciate the robust benefit and peace of mind it provides for a small charge. I was, at first, skeptical about the monthly cost and wisdom of purchasing ServLine. Then I had one of those unfortunate incidents of corrosion eating through a fitting just downline of my meter. As soon as I received the first high water bill, I located the leak and repaired it. The claim process was as expected as to required information, and payment was fast. I have had several of these water line breaks over the years in various places. I believe ServLine is a great answer to cost containment for water loss beyond my control. Castalian Springs-Bethpage Water Utility Customer Quick Facts The ServLine Leak Protection Program provides numerous benefits to utilities and their customers. Benefits to customers: Financial Protection • Up to $2,500 in protection from excess water bill • No deductible Better Experience • Seamless processing of claims • Staff to ensure customer satisfaction Increased Awareness • Materials sent to residents about responsibility • Questions answered by ServLine • Peace of mind that unexpected expenses will be fully covered Benefits to utilities: Costs • Customers’ excess bills get paid up to $2,500 by ServLine • Utility recaptures lost revenue from adjustments and bad debts Administration • Staff workload is reduced and becomes simplified and consistent Customer Satisfaction • Public relations improved • Greater satisfaction with utility HomeServe is a leading provider of repair service programs with over 4 million customers in North America and over 900 municipal and utility partners. HomeServe, an A+ Better Business Bureau-rated company, is dedicated to providing best-in- class services and an exceptional customer experience. About To learn more about the ServLine Leak Protection Program, visit www.servline.com or call 866-974-4801. Make a Difference in Your Community Insurance for the ServLine program is issued to utilities and placed through HomeServe USA Repair Management Corp. (HSRM), a licensed insurance agency. In California, HSRM does business as HomeServe NA Insurance Services (California License # 0F79326). ServLine® is a registered trademark of HomeServe. PAGE 5 • Educational – Educates homeowners on their responsibilities • “Optional” – Homeowner decides if coverage is needed • Homeowners can cancel at any time NLC Program Pricing Monthly Annual With $0.50 Royalty With No Royalty With $0.50 Royalty With No Royalty Water – including extension $5.75 $5.25 $64.00 $58.00 Sewer $7.75 $7.25 $88.00 $82.00 Interior Plumbing $9.99 $9.49 $114.99 $108.99 Low Homeowner Cost – High Protection Coverage from Inside House to City Main . 1 MARKETING AGREEMENT This MARKETING AGREEMENT ("Agreement") is entered into as of ___________, ("Effective Date"), by and between the Town of Vinton, Virginia ("Town"), and Utility ("Company"), herein collectively RECITALS: WHEREAS, sewer and water line laterals between the mainlines and the connection on dual residential property owners residing in the Property Owner"); and WHEREAS, Town desires to offer Property Owners the opportunity, but not the as -to-time by the Parties (each, a "Product" and Products"); and WHEREAS, Company, a subsidiary of HomeServe USA Corp., is the administrator of Warranty Program and has agreed to make the NOW, THEREFORE, in consideration of the foregoing recitals, and for other good and , the receipt and sufficiency of which is hereby acknowledged, and with Purpose. Town hereby grants to Company the right to offer and market the Products to to the terms and conditions herein. Town Obligations. Grant of License. Town hereby grants to Company a non-exclusive license ("License") to use Town's name and logo or other branding ("Marks"), on letters, bills and marketing materials to to Property Owners from time to time, and to be used in advertising (including on the ner Data. If Town elects to do so, Town may provide Company with Property furtherance of the advertisement, marketing, and sale of the . 2 Property Owner Data For any Property Owner Data provided by Town to ed in Applicable Laws"); and Town is permitted y to provide Property Owner Data to A Property Owner who has purchased a Product is a member ("Member") and, l or possession relating to Members is Term. The term of this Agreement ("Initial Term") shall be for three (3) years from the Renewal Term", and collectively with the Initial Term, the "Term") unless one of the Parties gives the other written notice at least ninety (90) days prior to end of the Initial Term or of a Renewal Term that the Party does not intend to renew this Agreement. In the event that permitted to complete any marketing Confidentiality. Each party will treat all non-public, confidential and trade secret ng, the Town shall not be liable for any disclosure of confidential information that is Code Change. The Parties understand that the pricing of the Products and compensation Indemnification. Each Party (the "Indemnifying Party") hereby agrees to protect, ually, "Indemnitee") harmless from and against any and all third Claim"), which an Indemnitee ma its officers, employees, . 3 Notice. Any notice required to be given hereunder shall be deemed to have been given when he receiving Party), or (iii) To: Town: ATTN: Mayor Bradley Grose Town of Vinton City Hall Vinton, VA 24179 Email: bgrose@vintonva.gov Phone: (540) 983-0607 To: Company: ATTN: Chief Sales Officer Utility Service Partners Private Label of Virginia, Inc. 4000 Town Center Boulevard, Suite 400 Canonsburg, PA 15317 Phone: (866) 974-4801 Modifications or Amendments/Entire Agreement. e Parties in writing and all be binding upon a Party unless in writing signed by that Assignment. Neither Party may assign its rights or delegate its duties under this Agreement Counterparts/Electronic Delivery; No Third Party Beneficiary. same contract and the e-mail and upon receipt . 4 Choice of Law/Attorney Fees. The Parties shall maintain compliance with all Applicable IONALLY Incorporation of Recitals and Exhibits. The above Recitals and Exhibit A a . 5 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and t written above. TOWN OF VINTON _____________________________ Name: Title: UTILITY SERVICE PARTNERS PRIVATE LABEL OF _____________________________ Name: Michael Backus . 6 Exhibit A NLC Service Line Warranty Program Town of Vinton Term Sheet November 14, 2019 Town logo and name on letterhead, advertising, signature line, billing and marketing materials. In exchange for the license conditions above, Company will offer the following a. External water service line plan (initially, $5.25 per month) b. External sewer/septic line plan (initially, $7.25 per month) c. Interior plumbing and drainage plan (initially, $9.49 per month) -month period, unless otherwise agreed by the Parties in f Coverage. a. External water service line plan: - the home. - Covers thawing of frozen external water lines. - Covers well service lines if applicable. b. External sewer/septic line plan: - Property Owner responsibility: From the external wall of the home to the main. - Covers septic lines if applicable. c. Interior plumbing and drainage plan: - Water supply pipes and drainage pipes within the interior of the home. six mailings and such other channels as may be mutually agreed. - …………………………………………………………………………………………… PROPOSAL …………………………………………………………………………………………… SERVLINE UTILITIES PROTECTION We pay for high water bills caused by customer leaks HOMESERVE USA 7134 Lee Highway, Chattanooga, TN 37421 1 (866) 974-4801, info@servline.com, www.servline.com Prepared For TOWN OF VINTON 311 S. Pollard St Vinton, VA 24179 Proposal Issued: August 31, 2020 Proposal Valid: 30 Days from Issue Date This proposal shows the premiums for the general coverage described, but exclusions of policies as actually issued. Premiums shown are based program is issued to utilities and placed through HomeServe USA Repair Management Corp. (HSRM), a licensed insurance agency. In California, HSRM does business as HomeServe NA Insurance Services 1 | PAGE EXECUTIVE SUMMARY – UTILITY & COMMUNITY PROTECTION TOWN OF VINTON We understand that you are tirelessly working to improve and supply the best overall product while also often thanklessly striving to offer excellent customer service. DESPITE ALL YOUR EFFORT – CUSTOMER LEAKS STILL CAUSE • Financial Strain • Administrative and Customer Burden • Issues to Undermine Public Perception …………………………………………………………………………………………………………………….. MEET SERVLINE BY HOMESERVE ServLine is a full-service customer leak solution. We pay for high water bills caused by customer leaks by insuring the Utility. More specifically, by insuring the Leak Protection Program and then administering it on your behalf. • Financial Assistance • Administrative Support & Customer Relief • Public Relations Credibility 2 | PAGE PROTECTION PLANS PRICING SNAPSHOT LEAK PROTECTION PLANS PRICING Limit Residential Commercial Single-Occupancy Commercial Multiple-Occupancy $500 $1.30 $3.60 $7.20 $1,000 $1.55 $4.30 $8.60 $2,500 $1.80 $5.00 $10.00 Limit Residential Commercial Single-Occupancy Commercial Multiple-Occupancy $500 $1.30 $3.60 $7.20 $1,000 $1.55 $4.30 $8.60 $2,500 $1.80 $5.00 $10.00 Limit Residential Commercial Single-Occupancy Commercial Multiple-Occupancy $500 $2.20 $6.10 $12.20 $1,000 $2.65 $7.30 $14.60 $2,500 $3.05 $8.50 $17.00 3 | PAGE PROGRAM COMPARISON SIDE BY SIDE – LAP & LPP COMPARISON TERMS • LAP: Leak Adjustment Policy • LPP: Leak Protection Program • Frequency: Determined by the number of times an adjustment can be filed in a given time • Qualifications: Determined by whether or not there is a limit that must be met prior to allowing for an adjustment • Benefits are reflective of your current Leak Adjustment Policy & data • Benefits are determined by how customer leaks are being adjusted. Unprovided benefits will not be covered BENEFIT FREQUENCY BENEFIT FREQUENCY Ex. 1 billing cycle (month bill), 2 billing cycles (months) BENEFIT QUALIFIER BENEFIT QUALIFIER ADDITIONAL COVERED BENEFITS ADDITIONAL COVERED BENEFITS Running Toilets/ Commodes Running Toilets/ Commodes 4 | PAGE PROPOSED LEAK PROTECTION PROGRAM POLICY (LPP) TOWN OF VINTON PROPOSED LEAK PROTECTION PROGRAM POLICY Town of Vinton is changing our Leak Adjustment Policy effective DATE 1, 2020. The following are qualifications for leak adjustments for the Town of Vinton: 1. It is the customer's responsibility to keep his plumbing system in good working order. 2. No customer shall receive more than one (1) leak adjustment that could incorporate a maximum of two (2) billing cycles during any twelve (12) month period. 3. In order to qualify for a leak adjustment, the eligible plumbing leak must generate a minimum additional charge of 2 (x) times the average of the twelve (12) month bill. 4. Adjustments on water bills will NOT be made on the following: a. Residential Customers who do not have their own water meter. b. Commercial or Industrial Customers. (OPTIONAL) c. Premises left or abandoned without reasonable care for the plumbing system. d. Leaks on irrigation systems or irrigation lines, leaks in water features such as fountains, etc., leaks on any water lines coming off the primary water service line, plumbing leaks in any structure other than the primary residence. e. Negligent acts such as leaving water running. f. Excess water charges not directly resulting from a qualifying plumbing leak. g. Filling of swimming pools or leaks in swimming pools. h. Watering of lawns or gardens. 5. The Town of Vinton shall not be obligated to make adjustments of any bills not submitted for adjustment within ninety (90) days from the billing date. 6. Customers must present proof that a leak has been repaired before an adjustment will be made. (i.e. copy of invoice for materials or bill from plumber) 7. In any case where a customer might incur a leak before there is three months of average usage, an adjustment will not be made until they have established three months of average usage. 8. Any residential customer may decline to participate in our ServLine Leak Protection Program by calling Phone Number. Any customer declining to participate in the program will be responsible for the full amount of their water bill with no adjustments being made. Our new Town of Vinton ServLine Program is the only way qualifying leak adjustments will be made for leaks occurring after DATE 1, 2020. 5 | PAGE LEAK PROTECTION PROGRAM Imagine what you could do if you were paid for every customer's high water bill — and no longer had to 6 | PAGE WATER LEAK PROTECTION Limit of Protection Residential Rate Commercial Rate Single-Occupancy Commercial Rate Multiple-Occupancy $500 (Per Occurrence) $1.30 $3.60 $7.20 $1,000 (Per Occurrence) $1.55 $4.30 $8.60 $2,500 (Per Occurrence) $1.80 $5.00 $10.00 Deductible Waived Reporting Conditions Customer Schedule Reporting & Adjustment Period Monthly Special Terms and Conditions • Coverage will be designed to reflect Town of Vinton’s Leak Protection Guidelines and eligibility established with ServLine. • Master Metered Habitational (Residential Only) $2.50 per unit • Limit Applies to Property Only and does not apply to units directly. Note: 10% Discount on rates if following coverages are offered by electing to include in your base rate. 7 | PAGE SEWER LEAK PROTECTION Limit of Protection Residential Rate Commercial Rate Single-Occupancy Commercial Rate Multiple-Occupancy $500 (Per Occurrence) $1.30 $3.60 $7.20 $1,000 (Per Occurrence) $1.55 $4.30 $8.60 $2,500 (Per Occurrence) $1.80 $5.00 $10.00 Deductible Waived Reporting Conditions Customer Schedule Reporting & Adjustment Period Monthly Special Terms and Conditions • Coverage will be designed to reflect Town of Vinton’s Leak Protection Guidelines and eligibility established with ServLine. • Master Metered Habitational (Residential Only) $2.50 per unit • Limit Applies to Property Only and does not apply to units directly. Note: 10% Discount on rates if following coverages are offered by electing to include in your base rate. 8 | PAGE WATER & SEWER LEAK PROTECTION COMBINED Limit of Protection Residential Rate Commercial Rate Single-Occupancy Commercial Rate Multiple-Occupancy $500 (Per Occurrence) $2.20 $6.10 $12.20 $1,000 (Per Occurrence) $2.65 $7.30 $14.60 $2,500 (Per Occurrence) $3.05 $8.50 $17.00 Deductible Waived Reporting Conditions Customer Schedule Reporting & Adjustment Period Monthly Special Terms and Conditions • Coverage will be designed to reflect Town of Vinton’s Leak Protection Guidelines and eligibility established with ServLine. • Master Metered Habitational (Residential Only) $5.00 per unit • Limit Applies to Property Only and does not apply to units directly. Note: 10% Discount on rates if following coverages are offered by electing to include in your base rate. 9 | PAGE APPENDIX 10 | PAGE LEAK PROTECTION PROGRAM DEFINITIONS • Water Leak Protection Water Leak Protection covers excess water bills caused by a qualifying leak on the customer’s side of the meter/point of responsibility. Developed in cooperation with ServLine and set according to the Utility’s newly established Leak Protection Guidelines. • Sewer Leak Protection Sewer Leak Protection covers excess sewer bills in the event of a qualifying leak at the customer’s point of responsibility. Developed in cooperation with ServLine and set according to the Utility’s newly established Leak Protection Guidelines. • Residential Residential is defined as 2” meters or less with a single residential unit occupied as a residency. A qualifying unit must have a single meter to which it can be accounted for independently. • Commercial Commercial is defined as 2” meters or less with business or agricultural occupancy excluding master- metered habitational. A qualifying unit must have a single meter to which it can be accounted for independently. Single Occupancy – Building has one business occupying space. Multiple Occupancy – Building has more than one business occupying space. • Master-Metered Habitational Multi-Unit residential property with a master-meter measuring usage for all units. • Farms Residential Farm: Any farm that is a hobby or that does not derive additional income. There is no Agriculture meter or separate metered structures on the property and meets residential definition of the insurance company. Commercial Farm: Any Farm that has an Agriculture meter/meter that services barns, cattle troughs, or other structures. Any Farm who derives income from the activities of the farm. • Rates w/ Data The rates furnished in this Proposal are determined by the data you have provided. It is mutually understood that the data produced, along with your explanation of how to interpret what is included in your data is done so in good faith and is complete and true to the best of your knowledge. All other factors have been determined in partnership with ServLine. • Leak Protection Program The ServLine Leak Protection Program enhances your current Leak Adjustment Policy and acts as a superseding document which will overlay your existing policy with the given enhancements. All qualifying customer leaks would adhere first to your ServLine Leak Protection Program and then would be addressed by your existing Leak Adjustment Policy. As a recommendation - Your Leak Adjustment Policy would be updated to address unqualifying leaks rather than qualifying customers who choose to decline protection. 11 | PAGE SUMMARY FOR LEAK PROTECTION PROGRAM BILLING Agency Monthly Reporting PROJECT SCOPE & PROCESS • Approval of ServLine • Program Implementation • Utility Staff Training • Announcement Materials • Setup and Integration • ServLine Administers Leak Protection Program • ServLine Handles Claims, Payments and Customer Service TERMS AND CONDITIONS Terms and conditions outlined in the quote may differ from the specifications submitted; please review the specific coverage part for details on coverage and exclusions. Average claims payment is between 10 – 20 Days. Claims volume is due to change with seasons or other unforeseen events. Pricing Does not Include taxes. Reports & Premium due by the 15th of the month following a reporting period. Example: Participating Customers for Month of January would be due no later than February 15th. Premium payments include all participating customers and are not dependent on customer payment to the utility nor pending claims payments. This quote is valid for thirty (30) days from the date of this letter. All rates are per participating customer per month. THANK YOU Thank you for your interest in becoming a valuable client of ServLine. We exist to make your utility stronger and help you achieve your goals. One of our chief goals is to serve you and to earn the privilege of being one of your favorite service providers. The ServLine team is always looking to establish long-term meaningful relationships with the opportunity to serve your utility and your customers with integrity and excellence. DISCLAIMER This proposal shows the premiums for the general coverage described, but in no way changes or affects any terms, conditions or exclusions of policies as actually issued. Premiums shown are based on information furnished to the company. 12 | PAGE TERRORISM RISK INSURANCE ACT We are under mandate to present and offer the final two pages of this proposal. The following is terrorism insurance coverage. Please either accept or decline if you proceed with ServLine. Note: This is a separate coverage that insures payment for losses that occur a the result of a certified act of terrorism. Please inquire for additional information. 13 | PAGE TERRORISM RISK INSURANCE ACT OF 2002 DISCLOSURE The “Terrorism Risk Insurance Act of 2002” establishes a program within the Department of Treasury in which the Federal Government will share the risk of loss from terrorist attacks with the insurance industry. Federal participation will be triggered when the Secretary of the Treasury certifies an act of terrorism, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism committed by an individual(s) acting on behalf of any foreign interest, provided the terrorist act results in aggregate losses in excess of $5 million. With respect to insured losses resulting from a certified act of terrorism, the Federal Government will reimburse individual insures for 90% of the losses in excess of the insurer’s retention, which is based on a specified percentage of the insurer’s earned premium for the year preceding the loss. Insured losses covered by the program are capped at $100 billion per year unless subsequent action of Congress changes that amount; this provision serves to limit insurers’ liability for losses. All insurers providing commercial property insurance are required to participate in the program to the extent of offering and making available coverage for certified acts of terrorism in accordance with the terms and conditions of coverage which apply to other perils. Terrorism Premium: $ 1% of premium This quote outlines coverages and does not necessarily include all coverages requested on the application provided. Only coverages outlined above will be provided. 14 | PAGE NAME OF APPLICANT: TOWN OF VINTON DATE OF NOTICE: AUGUST 31, 2020 POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE You are hereby notified that under the Terrorism Risk Insurance Act, as reauthorized and amended, that you have a right to purchase insurance coverage for losses resulting from acts of terrorism, as defined in Section 102(1) of the Act: The term "act of terrorism" means any act that is certified by the Secretary of the Treasury - in concurrence with the Secretary of State, and the Attorney General of the United States - to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THIS FORMULA, THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 85% OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS REAUTHORIZED AND AMENDED, CONTAINS A $100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS’ LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS $100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED $100 BILLION, YOUR COVERAGE MAY BE REDUCED. Acceptance or Rejection of Terrorism Insurance Coverage (Please Initial and Sign): I hereby elect to purchase Terrorism coverage for certified acts of terrorism for a prospective premium of $ 1% of premium I hereby decline to purchase terrorism coverage for certified acts of terrorism. I understand that I will have no coverage for losses resulting from certified acts of terrorism. Policy Holder Name ______________________________ ______________________________ 15 | PAGE CLIENTS & PARTNERS ASSOCIATION PARTNERS INCLUDE National Rural Water Association (NRWA), Tennessee Association of Utility Districts (TAUD), Georgia Rural Water Association (GRWA), North Carolina Rural Water Association (NCRWA), Alabama Rural Water Association (ARWA), Alliance of Indiana Rural Water Association (AIRWA), Illinois Rural Water Association (IRWA), Iowa Rural Water Association (IRWA), Rural Water Association of Arizona (RWAA), Arkansas Rural Water Association (ARWA), California Rural Water Association (CRWA), Michigan Rural Water Association (MRWA), Delaware Rural Water Association (DRWA), Kentucky Rural Water Association (KRWA), Maryland Rural Water Association (MRWA), New Mexico Rural Water Association (NMRWA), Mississippi Rural Water Association (MRWA), Ohio Rural Water Association (ORWA), Virginia Rural Water Association (VRWA), Rural Water Association of Utah (RWAU), Idaho Rural Water Association (IRWA). INSURANCE PROVIDERS INCLUDE Hanover Insurance Company, Sompo Insurance Company 16 | PAGE THANK YOU Meeting Date October 20, 2020 Department Administration Issue Economic Development Committee Summary The Economic Development Committee met through electronic means on October 5, 2020 and the following items were discussed at the meeting: • Hotel Site Marketing Proposal • Farmburguesa • Dogwood Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date October 20, 2020 Department Finance/Treasurer Issue Finance Committee Summary The Finance Committee met on September 16, 2020 and the following items were discussed at the meeting: • Budget Resolution New Radar Units • Budget Resolution Sally Bay Door • Budget Resolution 1132 and 1133 PD Vehicle Repair • June 2020 Preliminary Financial Statements • July 2020 Financial Statements The Finance Committee met on October 12, 2020 and the following items were discussed at the meeting: • Budget Resolution Police Department Donation • Budget Resolution Transfer for Building Projects • Budget Resolution 2nd Cares Act Distribution • August 2020 Preliminary Financial Statements • 2008 – 2020 Top Revenues Analysis Attachments June 2020 Preliminary Financial Report Summary July 2020 Financial Report Summary August 2020 Financial Report Summary Recommendations Motion to approve Preliminary June 2020, July 2020, and August 2020 Financial Reports Town Council Agenda Summary Financial Report Summary June 29, 2020 Preliminary Report Adopted Revised YTD MTD YTD Remaining % Budget Budget Posted Posted Balance YTD Revenues 7,527,870 8,012,160 1,041,188 7,840,159 (172,000) 98% Expenditures 7,527,870 8,193,403 653,408 7,700,893 (492,510) 94% Revenues over/(under) Expenditures (181,244) 387,780 139,266 Revenues 4,000 3,946,663 220,644 436,916 (3,509,747) 11% Expenditures 4,000 3,946,663 157,094 605,547 (3,341,116) 15% Revenues over/(under) Expenditures - 63,551 (168,631) Revenues 3,722,500 3,728,028 564,115 3,775,193 47,165 101% Expenditures 3,722,500 3,707,055 469,008 3,423,497 (283,558) 92% Revenues over/(under) Expenditures 20,974 95,108 351,697 Revenues 500,012 600,012 50,001 600,012 - 100% Expenditures 500,012 600,012 - 202,741 (397,271) 34% Revenues over/(under) Expenditures - 50,001 397,271 Revenues 460,210 460,210 38,351 460,210 - 100% Expenditures 460,210 453,575 23,430 332,956 (120,618) 73% Revenues over/(under) Expenditures 6,635 14,921 127,254 Revenues 12,214,592 16,747,072 1,914,300 13,112,491 (3,634,582) 78% Expenditures 12,214,592 16,900,707 1,302,939 12,265,634 (4,635,073) 73% Revenues over/(under) Expenditures (153,635) 611,360 846,857 Financial Report Summary 31-Jul-20 Adopted Revised YTD MTD YTD Remaining % Budget Budget Posted Posted Balance YTD Revenues 7,168,550 111,688 145,115 145,115 33,426 130% Expenditures 7,168,550 611,360 552,306 552,306 (59,054) 90% Revenues over/(under) Expenditures (499,672) (407,191) (407,191) Revenues 4,000 333 12,143 12,143 11,810 3644% Expenditures 4,000 333 4,632 4,632 4,299 1390% Revenues over/(under) Expenditures - 7,511 7,511 Revenues 3,826,500 193,273 147,204 147,204 (46,069) 76% Expenditures 3,826,500 611,621 180,337 180,337 (431,284) 29% Revenues over/(under) Expenditures (418,349) (33,133) (33,133) Revenues 175,000 14,578 14,583 14,583 6 100% Expenditures 175,000 14,578 - - (14,578) 0% Revenues over/(under) Expenditures - 14,583 14,583 Revenues 499,477 41,606 41,623 41,623 17 100% Expenditures 499,477 33,716 27,496 27,496 (6,220) 82% Revenues over/(under) Expenditures 7,890 14,127 14,127 Revenues 11,673,527 361,478 360,668 360,668 (810) 100% Expenditures 11,673,527 1,271,608 764,772 764,771 (506,837) 60% Revenues over/(under) Expenditures (910,130) (404,104) (404,103) Financial Report Summary August 31, 2020 Adopted Revised YTD MTD YTD Remaining % Budget Budget Posted Posted Balance YTD Revenues 7,168,550 450,853 374,340 519,455 68,602 115% Expenditures 7,168,550 1,230,751 514,438 1,066,744 (164,007) 87% Revenues over/(under) Expenditures (779,898) (140,098) (547,289) Revenues 4,000 666 33,572 45,715 45,049 6860% Expenditures 4,000 666 104,550 109,183 108,516 16384% Revenues over/(under) Expenditures - (70,978) (63,467) Revenues 3,826,500 680,484 622,941 770,145 89,661 113% Expenditures 3,826,500 876,097 397,357 577,694 (298,404) 66% Revenues over/(under) Expenditures (195,614) 225,584 192,451 Revenues 175,000 29,155 14,583 29,167 12 100% Expenditures 175,000 29,155 - - (29,155) 0% Revenues over/(under) Expenditures - 14,583 29,167 Revenues 499,477 83,213 41,623 83,246 33 100% Expenditures 499,477 77,685 32,080 59,577 (18,108) 77% Revenues over/(under) Expenditures 5,528 9,543 23,669 Revenues 11,673,527 1,244,370 1,087,059 1,447,728 203,357 116% Expenditures 11,673,527 2,214,355 1,048,425 1,813,197 (401,157) 82% Revenues over/(under) Expenditures (969,984) 38,634 (365,470) Meeting Date October 20, 2020 Department Public Works Issue Public Works Committee Summary The Public Works Committee met through electronic means on September 16, 2020 and the following items were discussed at the meeting: 1. Projects updates a. Walnut Avenue – Intersection markings; Bike and Ped accommodations b. Glade Creek Greenway Sewer c. Traffic Signals d. Paving e. 2nd St Traffic Study f. Bulk Collection g. Right-of-Way Mowing ordinance 2. RVRA Transportation Option Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date October 20, 2020 Department Council Issue 1. Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 (A) (1) of the 1950 Code of Virginia, as amended: a. for discussion regarding appointments to boards and commissions b. for discussion and consideration of the assignment, duties and performance of the Interim Chief of Police. Summary None Attachments Certification of Closed Meeting Recommendations None Town Council Agenda Summary