HomeMy WebLinkAbout3/16/2021 - Regular1
Vinton Town Council
Regular Meeting
Tuesday, March 16, 2021 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, March 16, 2021,
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, March 15, 2021.
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 adoption of a Resolution appropriating funds in the amount of
$1,175.00 for the receipt of funds from the Vinton Area Chamber of Commerce
for reimbursement for the purchase of event supplies for the IN Vinton
Illuminights 2020 Event.
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
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2. Consider adoption of a Resolution appropriating funds in the amount of $468.40
received for scrap metal to the Public Works budget.
H. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS
1. Update from the Roanoke Regional Partnership – John Hull
I. PUBLIC HEARINGS
1. Consideration of public comments concerning the proposed granting of a lease to
Cargill Animal Nutrition for three (3) lots lying on the south side of 11th Street
identified as 60.14-2-24, 60.14-2-25 and 60.14-2-26 and five (5) lots lying on
Railroad Avenue identified as 60.14-2-1, 60.14-2-2, 60.14-2-3, 60.14-2-4 and
60.14-2-5, all of which are located in the Town of Vinton, Virginia, said lease to
be for one 15 month period with the option to renew said lease for no more than
three additional one-year renewal terms.
a. Open Public Hearing
• Report from Staff – Town Manager
• Receive public comments
• Council discussion and questions
b. Close Public Hearing
c. Consider adoption of a Resolution
2. Consideration of public comments concerning the proposed issuance of bonds at
one time or from time to time by the Town of Vinton in the estimated maximum
amount of the bonds is $4,450,000 in the aggregate to pay costs of capital
improvements to the Town’s water and sewer facilities and costs of issuing the
bonds.
a. Open Public Hearing
• Report from Staff – Courtney Rogers/Davenport & Company
• Receive public comments
• Council discussion and questions
b. Close Public Hearing
c. Consider adoption of a Resolution
J. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and
questions for issues not listed on the agenda.
K. TOWN ATTORNEY
L. TOWN MANAGER
1. BRIEFINGS
a. Briefing on petition of the Town of Vinton, to rezone the historic Gish Mill
properties, from M-1 Limited Industrial to Mixed Use Development (MUD)
District, in order to redevelop them into a mixed-use property that will
accommodate restaurant, retail, and lodging uses, said properties being
located at 305 and 0 Gus Nicks Boulevard, Vinton, Virginia, Tax Map
Numbers 060.11-04-22.00-0000 and 060.11-04-23.00-0000.– Nathan
McClung
b. Briefing on proposed revisions to the Town’s General Fund Reserve
Policy – Anne Cantrell
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2. ITEMS REQUIRING ACTION
a. Consider adoption of a Resolution authorizing the Town Manager to
execute Amendment No. 3 to Agreement for Application Hosting and
Technology Support Services between Avenu Enterprise Solutions, LLC
and the Town for the Town’s current financial software – Anne Cantrell
b. Consider adoption of a Resolution to appropriate $35,000 from Fund
Balance to the Utility Fund Special Projects Expense Account for
unresolved change orders on the Glade Creek Sanitary Sewer Line
Relocation Project – Anne Cantrell
c. Consider adoption of a Resolution appropriating $1,041,971 from
Unrestricted Fund Balance and $150,000 from increased estimated
Revenue to the Town’s Capital Fund for Capital Improvement Plan (CIP)
and One-Time Projects – Anne Cantrell
d. Consider adoption of a Resolution approving Town of Vinton support of
financing by the Roanoke Valley Resource Authority – Town Manager
3. PROJECT UPDATES/COMMENTS
M. REPORTS FROM COUNCIL COMMITTEES
1. Finance Committee – Anne Cantrell
2. Public Works Committee – Town Manager
N. MAYOR
O. COUNCIL
P. ADJOURNMENT
NEXT COMMITTEE/TOWN COUNCIL MEETINGS:
April 6, 2021 – 7:00 p.m. – Regular Council Meeting
April 12, 2021 – 2:00 p.m. – Finance Committee Meeting
May 12, 2021 – 8:30 a.m. – Public Works Committee Meeting
NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT.
efforts will be made to provide assistance or special arrangements to qualified individuals with disabilities in
order to participate in or attend Town Council meetings. Please call (540) 983-0607 at least 48 hours prior
to the meeting date so that proper arrangements may be made.
Meeting Date
March 16, 2021
Department
Community Programs
Issue
Consider adoption of a Resolution appropriating funds in the amount of $1,175.00 for the receipt
of funds from the Vinton Area Chamber of Commerce for reimbursement for the purchase of event
supplies for the IN Vinton Illuminights 2020 Event
Summary
A check in the amount of $1,175.00 has been received from the Vinton Area Chamber of
Commerce for reimbursement for the purchase of event supplies for the IN Vinton Illuminights
2020 Event. Council needs to appropriate the funds from said Revenue Account to the Special
Events Supplies Expenditure Account – 200.7101.556 for Special Programs.
The Finance Committee reviewed this request at their March 11, 2021 meeting and recommends
approval.
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,
MARCH 16, 2021, AT 7:00 P.M., 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
WHEREAS, a check in the amount of $1,175.00 has been received from the Vinton Area
Chamber of Commerce for reimbursement for the purchase of event supplies for
the IN Vinton Illuminights 2020 Event; and
WHEREAS, the check has been received into the Revenue Account 200.1901.001 – Recoveries
and Rebates and it is necessary for Council to appropriate the funds from said
Revenue Account to the Special Events Supplies Expenditure Account –
200.7101.556 for Special Programs.
NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Vinton, Virginia
does herby approve the following transaction:
BUDGET ENTRY
GENERAL LEDGER
200.25100 Appropriations $1,175.00
200.25000 Estimated Revenue $1,175.00
FROM
REVENUE:
200.1901.001 Recoveries and Rebates $1,175.00
TO
EXPENDITURE:
200.7101.556 Special Events Supplies $1,175.00
This Resolution adopted on motion made by Council Member _____________ and seconded by
Council Member ________________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
___________________________________
Bradley E. Grose, Mayor
ATTEST:
_______________________________
Susan N. Johnson, CMC, Town Clerk
Meeting Date
March 16, 2021
Department
Public Works
Issue
Consider adoption of a Resolution appropriating funds in the amount of $468.40 received for scrap
metal to the Public Works budget.
Summary
Two checks totaling $468.40 has been received from D. H. Griffin Wrecking Co., Inc and deposited
in Revenue Account 200.1901.001 Recoveries and Rebates. The checks totaling $468.40 are for
scrap metal from the Public Works Department.
It is necessary to appropriate the $468.40 to Public Works Operating Budget Account Number
200.1221.350 Public Works Administration, Maintenance and Repairs Building.
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, MARCH 16, 2021 AT 7:00 P.M., 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
WHEREAS, the Town of Vinton had scrap metal from the Public Works Department through D.
H. Griffin Wrecking Co., Inc. ; and
WHEREAS, the revenue received from the scrap metal has been received into the Revenue
Account 200.1901.001– Recoveries and Rebates in the amount of $468.40; and
WHEREAS, in order that the money can be used for building needs and repair work in the Public
Works Department, it is necessary for the Vinton Town Council to appropriate the
funds from the Revenue Account 200.1901.001 – Recoveries and Rebates to the
Public Works Operating Budget Account Number 200.1221.350 Town Garage,
Maintenance and Repairs Building.
NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve
the following transaction:
BUDGET ENTRY
GENERAL LEDGER:
200.25100 Appropriations $468.40
200.25000 Estimated Revenue $468.40
FROM
REVENUE:
200.1901.001 Recoveries and Rebates $468.40
TO
EXPENDITURE:
200.1221.350 Maintenance & Repair Building $468.40
This Resolution adopted on motion made by Council Member______ , seconded by Council
Member ___________________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
Bradley E. Grose, Mayor
ATTEST:
______________________________________
Susan N. Johnson, CMC, Town Clerk
Meeting Date
March 16, 2021
Department
Administration
Issue
Update from the Roanoke Regional Partnership
Summary
John Hull, Executive Director, will be at the meeting to give an update on behalf of the Roanoke
Regional Partnership.
Attachments
None
Recommendations
No action required
Town Council
Agenda Summary
Meeting Date
March 16, 2021
Department
Administration
Issue
Consideration of public comments concerning the proposed granting of a lease to Cargill Animal
Nutrition for three (3) lots lying on the south side of 11th Street identified as 60.14-2-24, 60.14-2-
25 and 60.14-2-26 and five (5) lots lying on Railroad Avenue identified as 60.14-2-1, 60.14-2-2,
60.14-2-3, 60.14-2-4 and 60.14-2-5, all of which are located in the Town of Vinton, Virginia, said
lease to be for one 15 month period with the option to renew said lease for no more than three
additional one-year renewal terms.
Summary
Cargill Animal Nutrition would like to continue leasing eight vacant lots from the Town of Vinton
that are directly adjacent to the Mill on Walnut Ave. Three (3) lots are on the south side of 11th
Street identified as 60.14-2-24, 60.14-2-25 and 60.14-2-26 and five (5) lots are on Railroad Avenue
identified as 60.14-2-1, 60.14-2-2, 60.14-2-3, 60.14-2-4 and 60.14-2-5.
The term of the lease will be for one 15 month term to begin April 1st, 2021, with no more than
three additional one-year renewals at a total cost of $800 per year. Due to the property being
originally acquired by the town through a FEMA flood mitigation project, the entire annual lease
revenue will be donated to the Vinton Needy Family Program, Inc.
Attachments
Map of property
Lease Agreement
Resolution
Recommendations
Conduct Public Hearing and motion to adopt Resolution
Town Council
Agenda Summary
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THIS LEASE AGREEMENT, made and entered into this 1st day of April, 2021, by and
between the TOWN OF VINTON, VIRGINIA, a Virginia municipal corporation, herein “The
Town”, and CARGILL ANIMAL NUTRITION, a Virginia corporation, herein “Tenant”, whose
address is: Post Office Box 509, Vinton, Virginia 24179.
WITNESSETH:
WHEREAS, Tenant operates an animal feed manufacturing, storage, and shipping facility
on Railroad Avenue in the Town of Vinton, Virginia, and
WHEREAS, Tenant is in need of parking spaces for employees and also for trailers which
are used to ship Tenant’s products, and
WHEREAS the Town owns eight small lots (described below) on 11th Street and Railroad
Avenue and near Tenant’s facility which it has agreed to lease to Tenant for this purpose,
NOW THEREFORE, in consideration of the premises and the mutual covenants exchanged
hereby, the parties agree that:
1. The Town hereby agrees to lease to Tenant and Tenant hereby agrees to rent from
Town those certain three (3) lots lying on the south side of 11th Street identified as 60.14-2-24,
60.14-2-25 and 60.14-2-26 and those five (5) lots lying on Railroad Avenue identified as 60.14-2-1,
60.14-2-2, 60.14-2-3, 60.14-2-4 and 60.14-2-5, all of which are located in the Town of Vinton,
Virginia, referred to collective herein as “The Property”.
2. Tenant shall pay to the Town the sum of Eight Hundred and no/100 Dollars ($800.00)
each year as rental, which shall be due July 1st for each renewal year for this lease agreement. The
first year’s rental shall be paid to the Town upon the execution of this lease. Payment shall be made
at 311 South Pollard Street, Vinton, Virginia 24179.
3. Tenant’s exclusive use of the property shall be for the temporary parking of employee
vehicles and truck-trailers used for shipping.
4. Tenant acknowledges that The Property is an area designated by the Director of the
Federal Emergency Management Agency (FEMA) as a Special Flood Hazard Area, and that Tenant
is not permitted to construct any permanent improvements on The Property. Minimal leveling of the
lot and use of gravel for stabilizing the lot surface will be permitted.
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5. Tenant acknowledges that The Property was purchased by the Town with proceeds
from a federal flood mitigation grant and that The Property remains subject to certain conditions and
restrictions, including without limitation:
a) The Property shall be used only for purposes compatible with open space,
recreational, or wetland management practices, and other uses enumerated in 44 CFR § 206.434.
b) The Property is subject to inspection by FEMA, its representatives and
assigns, including the Commonwealth of Virginia.
c) The Property is subject to inspection by the Town to the extent necessary for
the Town to meet its reporting obligations established by the grant conditions.
Tenant covenants that it will cooperate fully with the Town, FEMA, and any
authorized government agency to ensure that no laws, statutes, ordinances or grant conditions are
violated.
6. Tenant hereby agrees to indemnify, defend and save harmless the Town from and
against all liabilities, claims, expenses, costs, losses and damages, including, but not limited to
reasonable attorney’s fees arising from or in connection with this lease and Tenant’s use of The
Property.
7. The term of this lease shall be for a period of 15 months. The lease shall renew itself
automatically on the same terms for no more than three additional one-year renewal terms, unless
either party shall give notice of intention not to renew within thirty days of the expiration of the
initial one-year term, or within thirty days of the expiration of any subsequent one-year renewal
term.
8. The Tenant agrees that if he fails to observe or perform any of the conditions or
covenants on his part to be observed or performed, and such default continues for thirty (30) days
after the receipt of a written notice from the Town, such written notice to be mailed by registered
mail to Tenant at Post Office Box 509, Vinton, Virginia 24179, the Town shall have the right to
declare this lease terminated, and upon so declaring the Town shall have the right to immediately
enter and possess the premises.
9. This lease contains the entire agreement between the parties and may be changed only
by a written amendment, signed by both parties. This lease shall be governed by the law of the
Commonwealth of Virginia. It shall not be assigned by Tenant without the prior written approval of
the Town.
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WITNESS the following signatures and seals:
TOWN OF VINTON, VIRGINIA Cargill Animal Nutrition
By:_________________________________ By:__________________________________
Richard W. Peters Jr. Matt Vanhoose
Town Manager Plant Manager
APPROVED AS TO FORM:
______________________________
Jeremy Carroll, Town Attorney
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
MARCH 16, 2021, AT 7:00 P.M., 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
WHEREAS, Cargill Animal Nutrition has requested to lease eight small lots from the Town
located on 11th Street and Railroad Avenue for parking; and
WHEREAS, during the negotiations and discussions between the Town staff, representatives of
Cargill and the Town Attorney, a proposal was negotiated to lease said eight lots for
the terms and conditions set forth in a Lease Agreement; and
WHEREAS, pursuant to Sections 15.2-1800 (B) et seq., of the 1950 Code of Virginia, as
amended, a public hearing was advertised and held on March 16, 2021 and all public
comments have been considered by Council; and
WHEREAS, Town staff recommends that said Lease Agreement between the Town and Cargill
Animal Nutrition be executed to formalize said agreement between the parties.
NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE TOWN OF
VINTON, VIRGINIA, AS FOLLOWS:
1. The Lease Agreement is hereby approved in a form substantially similar to the one
presented to Council and approved by the Town Attorney; and
2. The Town Manager is hereby authorized, for and on behalf of the Town, to execute and then
to deliver the Lease Agreement and any other necessary documents in furtherance of the
same; and
This Resolution adopted on motion made by Council Member _________________, seconded by
Council Member __________________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
___________________________________
Bradley E. Grose, Mayor
ATTEST:
_______
Susan N. Johnson, CMC,Town Clerk
Meeting Date
March 16, 2021
Department
Finance/Treasurer
Issue
Consideration of public comments concerning the proposed issuance of bonds at one time or from
time to time by the Town of Vinton in the estimated maximum amount of $8,900,000 in the
aggregate to (i) finance certain utility capital projects in the amount of $4.37 million; (ii)
potentially refinance approximately $4.49 million of existing Town debt; and (iii) pay the costs of
issuance associated with the financing.
Summary
Davenport & Company acting on behalf of the Town in the capacity of financial advisor has issued
a Request for Proposal (RFP) for debt funding to pay for capital projects, potentially re-finance
existing debt at a lower rate, and to pay the costs associated with the debt issuance.
The deadline for RFP responses to Davenport & Company was Thursday, March 11, 2021. A
representative of Davenport & Company will be reviewing the results of the RFP with Town
Council.
A draft Resolution is attached. Before Council takes action following the Public Hearing, the
blanks highlighted on the draft will be completed based on the recommendation from Davenport
& Company.
Attachments
Draft Resolution
Recommendations
Conduct Public Hearing and motion to adopt Resolution
Town Council
Agenda Summary
1
RESOLUTION NO. ___________
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
MARCH 16, 2021 AT 7:00 P.M., 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
RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL
OBLIGATION BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT
TO EXCEED $__________, AND PROVIDING FOR THE FORM, DETAILS
AND PAYMENT OF THE BONDS AND THE REFUNDING OF CERTAIN
PRIOR BONDS AND AUTHORIZING CERTAIN RELATED ACTIONS
The Town of Vinton, a political subdivision of the Commonwealth of Virginia (the “Town”),
has previously issued bonds, and the Council of the Town (the “Council”) desires to refund some or
all of the bonds.
The Council has also determined to make capital improvements to the Town’s water and
sewer facilities and on March 16, 2021, held a public hearing on the proposed issuance of bonds in
an amount not to exceed $4,450,000 to pay costs of the improvements, in accordance with Section
15.2-2606 of the Code of Virginia of 1950, as amended.
The Council desires to provide for the issuance of bonds, the proceeds of which will be used
to refund some or all of certain bonds of the Town, pay costs of the capital improvements to the
Town’s water and sewer facilities and pay the costs of issuing the bonds, to provide for the form,
details and payment of the bonds and to authorize certain related actions.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF
VINTON, VIRGINIA, AS FOLLOWS:
Section 1.1. Authorization of Bonds and Refunding.
(a) Subject to following paragraph, it is determined to be advisable, necessary and
expedient for the Town to borrow an amount not to exceed $_______________ (the “Maximum
Amount”) in the aggregate, to provide funds, together with other funds that may be available, to
refund the “Bonds to be Refunded,” as defined below, pay costs of capital improvements to the
Town’s water and sewer facilities, and pay the costs of issuing the bonds authorized by this
resolution. Pursuant to the Constitution of Virginia and the Public Finance Act of 1991 (Chapter 26,
Title 15.2, Code of Virginia of 1950, as amended) (the “Act”), there are authorized to be issued and
sold, at one time or from time to time, general obligation bonds or notes of the Town in an aggregate
principal amount not to exceed the Maximum Amount (the “Bonds”).
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(b) For purposes of this resolution, “Bonds to be Refunded” means principal installments
to be designated by the Mayor, Vice Mayor or Town Manager to be refunded or prepaid and are
owing under one or more of the following bonds of the Town:
General Obligation Sewer Bond, Series 2003, dated July 24, 2003, issued in the
original principal amount of $1,468,346;
General Obligation Bond, Series 2004, dated October 29, 2004, issued in the original
principal amount of $2,479,000;
General Obligation Bond, Series 2006, dated January 12, 2006, issued in the original
principal amount of $1,210,000;
General Obligation Public Improvement Bond, Series 2006, dated May 8, 2006, issued
in the original principal amount of $755,000;
General Obligation Capital Improvement Bond, Series 2013, dated June 27, 2013,
issued in the original principal amount of $1,993,151.54; and
Water and Sewer Revenue Refunding Bond, Series 2016B, dated May 25, 2016,
issued in the original principal amount of $1,786,000.
The Council authorizes and directs any one of the Mayor, Vice Mayor, and Town Manager to
determine which, if any, principal installments of the foregoing bonds will be refunded in accordance
with this resolution, and the principal installments so determined shall constitute the Bonds to be
Refunded. The Council finds that it is in the best interests of the Town to undertake the refunding of
the outstanding principal of and interest on the Bonds to be Refunded. The Council authorizes and
directs any one of the Mayor, Vice Mayor, and Town Manager Treasurer to take all actions necessary
or desirable to arrange for such refunding in accordance with this resolution, including but not
limited to the execution and delivery of an escrow agreement with a financial institution or corporate
trustee (the “Escrow Agreement”), in form approved by any of them to be adequate to defease any
one more of the Bonds to be Refunded in accordance with Section 15.2-2623 of the Act, whose
approval shall be evidenced conclusively by the execution and delivery of the Escrow Agreement.
(c) The Bonds shall be general obligations of the Town, the principal of, premium, if any,
and interest on which are payable from ad valorem taxes to be levied without limitation as to rate or
amount on all property in the Town subject to taxation, to the extent other funds of the Town are not
available and appropriated for such purpose, and a pledge of the full faith and credit of the Town.
(d) To the extent permitted by Section 15.2-2601 of the Act, the Council elects to issue
the Bonds under the provisions of the Act without regard to the requirements, restrictions or other
provisions contained in any charter or local or special act.
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Section 1.2. Details of Bonds. The Bonds shall be issued as fully registered bonds without
coupons. Each of the Bonds shall be in the principal amount and shall bear interest at the rate or
rates, and the principal thereof and interest thereon shall be repayable in the amounts, all as
established in accordance with Section 1.3 of this resolution.
Section 1.3. Principal Amount; Payment Dates and Other Details of the Bonds. Each of the
Mayor, Vice Mayor and Town Manager of the Town (the “Authorized Officers”) is authorized and
directed to determine, before the issuance of each of the Bonds, the principal amount of the Bond,
the date of the Bond, the interest rate or rates thereon or the means for determining such rate or rates,
and the due dates and amounts of the installments of principal of and interest on the Bond, the
provisions, if any, for optional redemption of the Bond, and all other details of the Bond; however:
a. the final maturity of each Bond shall not exceed fifteen years from the date of the
Bond;
b. the aggregate principal amount of all the Bonds shall not exceed the Maximum
Amount;
c. the Bonds issued to refund the Bonds to be Refunded shall be issued in a principal
amount not exceeding that necessary to amortize the principal of and premium, if
any, and interest on the Bonds to be Refunded and pay all expenses reasonably
incurred in the issuance of the refunding Bonds less the amount then in any sinking,
escrow and other funds which are available for the payment of the principal,
premium, if any, or interest on the Bonds to be Refunded; and
d. the Bonds issued to pay costs of capital improvements to the Town’s water and sewer
facilities and the costs of issuing such Bonds shall not exceed $4,450,000.
The execution of any Bond as described in Section 1.4 of this resolution shall conclusively evidence
the details thereof as having been so determined as authorized by this resolution.
Section 1.4. Execution of Bonds. The Bonds shall bear the manual or facsimile signature
of an Authorized Officer and shall bear a manually impressed or imprinted facsimile of the seal of
the Town, attested by the manual or facsimile signature of the Town Clerk of the Town. In case any
officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of
the Bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if the
officer had remained in office until such delivery. Any Bond may be signed by such persons as at the
actual time of its execution shall be the proper officers to sign such Bond although at the date of such
Bond such persons may not have been such officers.
Section 1.5. Form of Bonds. The Bonds shall be in substantially the following form, with
such appropriate variations, insertions and omissions as shall be consistent herewith:
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No. R-__ $[amount]
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
TOWN OF VINTON
General Obligation [Refunding] Bond
Series [designation]
Dated Date
[date]
Registered Owner: [owner]
Principal Amount: [amount] DOLLARS
The Town of Vinton, a political subdivision of the Commonwealth of Virginia (the “Town”),
for value received, acknowledges itself indebted and promises to pay to the registered owner named
above or registered assigns, on the maturity date shown above, the principal sum shown above and to
pay to the registered owner hereof, interest hereon until payment in full at the rate or rates per annum
determined as provided below, payable as follows: [payment provisions].
This bond shall bear interest at the per annum rate equal to [rate].
Interest on this bond shall be computed based on a 360-day year consisting of twelve 30-day
months.
Any payment on this bond shall be applied first to interest accrued to such payment date and
then to principal.
Principal, premium, if any, and interest shall be payable in lawful money of the United States
of America to the registered owner, at its address as it appears on the registration books kept for that
purpose at the principal office of the Treasurer of the Town, who has been appointed Registrar. In
case the date of maturity of the principal of this bond or the date fixed for the redemption of this
bond shall be a date on which banking institutions are authorized or obligated by law to close at the
place where the principal office of the Registrar is located, then payment of principal, premium, if
any, and interest need not be made on such date, but may be made on the next succeeding date which
is not such a date at the place where the principal office of the Registrar is located, and if made on
5
such next succeeding date no additional interest shall accrue for the period after such date of maturity
or date fixed for redemption.
This bond is issued pursuant to the Constitution and applicable statutes of the
Commonwealth of Virginia, including the Public Finance Act of 1991 (Chapter 26, Title 15.2, Code
of Virginia of 1950, as amended) (the “Act”) and a resolution adopted under the Act by the Council
of the Town on March 16, 2021 (the “Resolution”) to provide funds, together with other funds that
may be available, to [refund certain bonds of the Town] [to pay costs of capital improvements to the
Town’s water and sewer facilities], and to pay the cost of issuing this bond. Copies of the
Resolution are on file at the office of the Registrar. Reference is made to the Resolution and any
amendments to it for the provisions, among others, describing the pledge of the full faith and credit
of the Town and covenants securing this bond, the nature and extent of the security, the terms and
conditions upon which this bond is issued, the rights and obligations of the Town and the rights of
the holder of this bond.
This bond and the premium, if any, and interest thereon are payable from ad valorem taxes to
be levied without limitation as to rate or amount on all property in the Town subject to taxation to
the extent other funds of the Town are not available and appropriated for such purpose, and a pledge
of the full faith and credit of the Town. This bond and the premium, if any, and interest hereon shall
not be deemed to constitute a pledge of the faith and credit of the Commonwealth of Virginia or any
political subdivision thereof, except the Town. Neither the faith and credit nor the taxing power of
the Commonwealth of Virginia or any political subdivision thereof, except the Town, is pledged to
the payment of the principal of, or premium, if any, and interest on, this bond.
[The principal of this bond is subject to prepayment in whole or in part at any time at the
option of the Town without penalty or premium, after at least 30 days prior written notice thereof is
given to the registered owner of this Bond, and upon payment of the principal to be prepaid and
accrued interest thereon to the date of prepayment.] Prepayments of installments of principal shall
not affect the obligation of the Town to pay the remaining installments payable as provided above.
This bond shall be governed by and construed in accordance with the laws of the
Commonwealth of Virginia.
All acts, conditions and things required by the Constitution and statutes of the
Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this
bond have happened, exist and have been performed, and this bond, together with all other
indebtedness of the Town, is within every debt and other limit prescribed by the Constitution and
statutes of the Commonwealth of Virginia.
IN WITNESS WHEREOF, the Town has caused this bond to bear the manual or facsimile
signature of the Mayor, Vice Mayor or Town Manager of the Town, its seal to be imprinted or
6
impressed on this bond and attested by the manual or facsimile signature of the Town Clerk of the
Town, and this bond to be dated the dated date shown above.
SEAL
Attest:
[SPECIMEN - DO NOT SIGN]
_________________________________
Town Clerk, Town of Vinton
[SPECIMEN - DO NOT SIGN]
_________________________________
Mayor, Town of Vinton
Section 1.6. Registrar. The Treasurer of the Town is appointed Registrar for the Bonds.
Section 1.7. Registration, Transfer and Exchange. The Town shall cause books for the
registration and transfer of the Bonds to be kept at the principal office of the Registrar, and the
Council instructs the Registrar to keep such books and to make such registrations and transfers under
such reasonable regulations as the Town or the Registrar may prescribe. Transfer of the Bonds may
be registered upon books maintained for this purpose at the office of the Registrar. Prior to due
presentment for registration of transfer the Registrar shall treat the registered owner as the person
exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all
other rights and powers of the owner.
Upon surrender for transfer or exchange of any Bond at such office, the Town shall execute
and deliver in the name of the transferee or transferee a new Bond for the aggregate principal amount
which the registered owner is entitled to receive, subject in each case to such reasonable regulations
as the Town or the Registrar may prescribe. Any Bond presented for transfer, exchange, or payment,
(if so required by the Town or the Registrar) shall be accompanied by a written instrument or
instruments of transfer or authorization for exchange, in form and substance reasonably satisfactory
to the Town and the Registrar, duly executed by the registered owner or by his duly authorized
attorney-in-fact or legal representative. No Bond may be registered to bearer.
The new Bond delivered upon any transfer or exchange shall be a valid obligation of the
Town, evidencing the same debt as the Bond surrendered, shall be secured by this Resolution and
entitled to all of the security and benefits hereof to the same extent as the Bond surrendered.
Section 1.8. Charges for Exchange or Transfer. No service charge shall be made for any
exchange or transfer of the Bonds, but the Town may require payment of a sum sufficient to cover
any tax or other governmental charge that may be imposed in relation thereto.
Section 1.9. Preparation and Sale of Bonds. The Council determines that it will be in the
best interests of the Town and the Commonwealth of Virginia to sell the Bonds at par to
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_______________, as recommended at this meeting by Davenport & Company LLC, the Town’s
financial advisor. The Authorized Officers and the Town Clerk of the Town are authorized and
directed to take all proper steps to have the Bonds prepared and executed in accordance with their
terms.
Section 1.10. Application of Proceeds of Bonds. The proceeds derived from the sale of the
Bonds shall be paid as follows:
(a) a portion of the proceeds of the Bonds issued to refund the Bonds to
be Refunded shall be paid to the holders of the Bonds to be Refunded
or to the Escrow Agent under the Escrow Agreement described in
Section 1.1(b) of this resolution and used to refund the Bonds to be
Refunded and the balance of such proceeds shall be applied to the
payment of the expenses reasonably incurred in issuing such
refunding Bonds; and
(b) the proceeds of the Bonds issued to pay the costs of capital
improvements to the Town’s water and sewer facilities (the “Project”)
shall be paid to, or at the direction of, the Town Manager or Treasurer
who shall apply them to the payment of expenses incurred in issuing
such Bonds and promptly deposit the balance of the funds in a bank
or other depository to the credit of the Town. Such proceeds shall be
accounted for through a fund designated “Town of Vinton Water and
Sewer Facilities Improvement Fund” (the “Fund”), to be applied to
the costs of the capital improvements and the costs of issuance of
such Bonds. Withdrawals shall be made from the Fund only after the
Town Manager or his designee has certified that the amount being
withdrawn from the Fund is being used to pay bona fide costs of the
Project or bona fide costs of issuing such Bonds.
The proceeds may be paid initially to the Town for deposit in the Town’s general fund and then
applied as described above. Each of the Treasurer and the Town Manager of the Town is authorized
and directed to receipt for such proceeds and to provide that the proceeds described in subclauses (a)
and (b) above are applied as required by this resolution. The Treasurer and the Town Manager of the
Town have reviewed the Information Statement describing the State Non-Arbitrage Program of the
Commonwealth of Virginia (“SNAP”) and the Contract Creating the State Non-Arbitrage Program
and the SNAP Fund Prospectus, and the Council has determined to authorize the Town Manager or
the Treasurer to use SNAP in connection with the investment of the proceeds of the Bonds until such
proceeds are used for their purposes, if either of such officers determines that the use of SNAP is in
the best interest of the Town.
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ARTICLE II
PARTICULAR COVENANTS
Section 2.1. Payment of Bond. The Town shall pay promptly, as provided herein, the
principal of, premium, if any, and interest on the Bonds. Nothing in the Bonds or in this Resolution
shall be deemed to create or constitute an indebtedness of the Commonwealth of Virginia or any
political subdivision thereof other than the Town, or a pledge of the full faith and credit of the
Commonwealth of Virginia or of any political subdivision thereof other than the Town.
Section 2.2. Tax Rate Covenant. The Council covenants and agrees that so long as any of
any of the Bonds is outstanding, to the extent other funds are not lawfully available and
appropriated for timely payment of the Bonds, the Council will levy and collect annually over and
above all other taxes authorized or limited by law, an ad valorem tax, without limitation as to rate or
amount, on all the taxable property in the Town in an amount sufficient to pay principal of, premium,
if any, and interest on the Bonds as the same become due and payable.
ARTICLE III
TAX-EXEMPT OBLIGATIONS
Section 3.1 Maintenance of Tax-Exempt Status.
(a) No Adverse Action. The Town shall not take any action that would adversely
affect the exemption of interest on the Bonds from Federal income taxation. The Town shall, to the
extent permitted by Virginia law, take all actions necessary to maintain the tax-exempt status of
interest on the Bonds under Federal or Virginia law, including all actions necessary to comply with
Section 103 or Sections 141 through 150 of the Internal Revenue Code of 1986, as amended (the
“Code”) or the regulations promulgated by the Treasury Department with respect thereto. Without
limiting the generality of the foregoing, the Town shall comply with any provision of law which may
require the Town at any time to rebate to the United States any part of the earnings derived from the
investment of the gross proceeds of the Bonds, unless the Town receives an opinion of nationally
recognized bond counsel that such compliance is not required to prevent interest on the Bonds from
being includable in the gross income for Federal income tax purposes of the registered owners
thereof under existing law.
(b) Arbitrage/Investment. The Authorized Officers and such other officers as may
be requested by them are authorized to sign appropriate certificates setting forth, among other things,
the expected use and investment of the proceeds of the Bonds in order to show that such expected
use and investment will not violate the provisions of Section 148 of the Code and regulations issued
pursuant thereto, applicable to “arbitrage bonds.” Such certificates may also contain certain
9
elections with regard to Section 148 of the Code and such officers are authorized to make such
elections on behalf of the Town and the Council. The Town shall not take or approve any action,
investment or use of the proceeds of the Bonds which would cause the Bonds to be “arbitrage bonds”
within the meaning of Section 148 of the Code and the regulations thereunder. The Town, barring
unforeseen circumstances, shall not request or approve the use of the proceeds of the Bonds other
than in accordance with the Town’s “non-arbitrage” certificate delivered at the time of the issuance
of the Bonds.
(c) Tax Compliance Agreement. Each of the Authorized Officers is authorized
and directed to execute and deliver a tax compliance agreement regarding any matters described in
Section 3.1 (a) and (b) and any other matters reasonably required by the initial purchaser of the
Bonds, which agreement shall be in such form and content as may be required by bond counsel to the
Town.
Section 3.2 Designation as Qualified Tax-Exempt Obligation. The Bonds are not private
activity bonds, and each of the Authorized Officers is authorized on the Council’s behalf to designate
the Bonds as Qualified Tax-Exempt Obligations, as defined in Section 265(b)(3) of the Code, if the
Authorized Officer deems such designation to be in the best interest of the Town. If the Bonds are so
designated, the following representations and covenants will apply:
(i) The Council will in no event designate more than $10,000,000
of obligations as qualified tax-exempt obligations in the current calendar year,
including the Bonds, for the purpose of Section 265(b)(3) of the Code;
(ii) The Town, all its “subordinate entities,” within the meaning of
Section 265(b)(3) of the Code, and all entities which issue Bonds on behalf of the
Town and such subordinate entities have together not authorized to be issued more
than $10,000,000 of tax-exempt obligations in the current calendar year (not
including “private activity bonds,” as defined in Section 141 of the Code), including
the Bonds;
(iii) Barring circumstances unforeseen as of the date of delivery of the
Bonds, the Town will not issue tax-exempt obligations itself or approve the issuance
of tax-exempt obligations of any of such other entities if the issuance of such tax-
exempt obligations would, when aggregated with all other tax-exempt obligations
theretofore issued by the Town and such other entities in the current calendar year,
result in the Town and such other entities having issued a total of more than
$10,000,000 of tax-exempt obligations in such year (not including private activity
bonds), including the Bonds; and
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(iv) The Council has no reason to believe that the Town and such
other entities will issue in the current calendar year tax-exempt obligations in an
aggregate amount that will exceed such $10,000,000 limit;
however, if the Town receives an opinion of nationally recognized bond counsel that compliance
with any covenant set forth in (i) or (iii) above is not required for the Bonds to be qualified tax-
exempt obligations, the Town need not comply with such restriction.
ARTICLE IV
MISCELLANEOUS
Section 4.1. Contract with Bondholders. The provisions of this resolution shall constitute a
contract between the Town and the holders of the Bonds for so long as the Bonds are outstanding.
Section 4.2. Authority of Officers and Agents. The officers and agents of the Town shall
do all acts and things required by them of this resolution and the Bonds for the complete and
punctual performance of all the terms, covenants and agreements contained in them. The appropriate
officers of the Town are further authorized and empowered to take such other action as they may
consider necessary or desirable to carry out the intent and purpose of this resolution, and the issuance
of the Bonds.
Section 4.3. Limitation of Liability of Officials of Town. No covenant, condition or
agreement contained herein shall be deemed to be a covenant, agreement or obligation of an officer,
employee or agent of the Town in his or her individual capacity, and no officer of the Town
executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or
accountability by reason of the issuance thereof. No officer, employee or agent of the Town shall
incur any personal liability with respect to any other action taken by him or her pursuant to this
resolution, provided he or she acts in good faith.
Section 4.4. Conditions Precedent. Upon the issuance of a Bond all acts, conditions and
things required by the Constitution and statutes of the Commonwealth of Virginia or this resolution
to have happened, exist and to have been performed precedent to or in the issuance of the Bond shall
have happened, exist and have been performed.
Section 4.5. Headings. Any headings in this resolution are solely for convenience of
reference and shall not constitute a part of the resolution nor shall they affect its meaning,
construction or effect.
Section 4.6. Severability. If any court of competent jurisdiction shall hold any provision of
this resolution to be invalid and unenforceable, such holding shall not invalidate any other provision
hereof.
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Section 4.7. Effective Date. This resolution shall take effect immediately. All ordinances,
resolutions or parts thereof in conflict herewith are repealed.
Section 4.8. Filing of Resolution. The Town Clerk is hereby authorized and directed to see
to the immediate filing of a certified copy of this resolution with the Circuit Court of Roanoke
County, Virginia, pursuant to Section 15.2-2607 of the Act.
This Resolution adopted on motion 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
March 16, 2021
Department
Planning and Zoning
Issue
Briefing on petition of the Town of Vinton, to rezone the historic Gish Mill properties, from M-1
Limited Industrial to Mixed Use Development (MUD) District, in order to redevelop them into a mixed-
use property that will accommodate restaurant, retail, residential, and lodging uses, said properties
being located at 305 and 0 Gus Nicks Boulevard, Vinton, Virginia, Tax Map Numbers 060.11-04-
22.00-0000 and 060.11-04-23.00-0000.
Summary
The proposed redevelopment of the historic Gish Mill property requires that the parcels involved be
rezoned in order to accommodate uses that will allow the project to be economically viable. The
developer’s intended use for the mill site is to incorporate several value-added compatible uses, which
launch from popular trends that work very well with the open format historic space. The building will
be designed to feature several uses that take advantage of the creekside location, the unconventional
construction methods, and varying dimensions and angles featured by the mill space. The specific uses
include a small restaurant, a seasonal market, a speakeasy in the basement, and the conversion of the
original mill structure, concrete silos, and, and upper floors of the original mill structure into lodging
with potential use for apartment units (3-10 rooms). The anticipated tenant to operate the restaurant
and lodge has already been secured for the project.
The redevelopment project will generate private investment in excess of $1.9 Million and establish the
creation of approximately 41 jobs and result in the rehabilitation of a historic, yet currently blighted
property that is located on one of three main gateway entrances into the Town with an average daily
traffic count of 21,000 vehicles per day according to 2019 VDOT traffic data.
The Development Team will present a 3-D rendering of the future interior and exterior renovations to
the property to Town Council during the briefing on this request. If the rezoning request for the parcels
is approved by the Town Council, a formal site plan for the Project must be submitted for review and
approval by the Town of Vinton and County of Roanoke.
Agenda Summary
2
Attachments
1. Staff report and supporting materials
2. PowerPoint Presentation
3. List of property owners to be notified and map
Recommendations
No action required
STAFF REPORT
PETITIONER: Town of Vinton, VA PREPARED BY: Nathaniel McClung
CASE NUMBER: PC-21-001 DATE: March 8, 2021
Application Information
Request: Rezoning Request (M-1 to MUD)
Owner: Town of Vinton
Applicant: Town of Vinton
Site Address/Location: 305 and 0 Gus Nicks Boulevard, Vinton, Virginia
Tax Parcel ID #: 060.11-04-22.00-0000 and 060.11-04-23.00-0000
Lot Area: 1.154 AC
Zoning: M-1 Limited Industrial District
Existing Land Use: Currently vacant; previous use was a farm supply retail store and
warehouse.
Proposed Land Use: Mixed-use property that will accommodate restaurant, retail,
residential, and lodging uses.
Specified Future Land Use: General Commercial
A. NATURE OF REQUEST
Petition of the Town of Vinton, to rezone the historic Gish Mill properties, from M-1 Limited Industrial
to Mixed Use Development (MUD) District, in order for the properties to be redeveloped into a mixed-
use property that will accommodate restaurant, retail, residential, and lodging uses. The properties are
located at 305 and 0 Gus Nicks Boulevard, Vinton, Virginia, Tax Map Numbers 060.11-04-22.00-0000
and 060.11-04-23.00-0000.
B. APPLICABLE REGULATIONS
The property is currently zoned M-1 Limited Industrial District which does not allow mixed uses to be
located within the same building. Mixed residential and business uses within the same building are
currently only allowed in the business districts such as GB General Business (under certain conditions),
CB Central Business (under certain conditions), PD Planned Development, or MUD Mixed Use Districts.
Mixed use is intended as an improvement over traditional, segregated-use zoning. It is a way of creating
a multi-use, multi-purpose building or set of buildings, incorporating some combination of residential,
commercial, industrial, office, institutional, or other land uses as part of the overall environment. The
Town’s Mixed Use Development (MUD) district was adopted on April 21, 2015. The intent of the Mixed
Use Development district is to encourage the orderly development of mixed residential/commercial sites
and to encourage innovative development patterns that create a desirable environment, particularly for
several vacant parcels, buildings, and underutilized properties located throughout the Town, which contain
a number of constraints to conventional development.
C. ANALYSIS OF EXISTING CONDITIONS
Background – Being the founding structure for the Town of Vinton, the Gish Mill site bears a substantial
amount of historical significance for the locality. In fact, the Mill is featured as the crown jewel of the
Town’s seal. Although the mill operated continuously since the 1770s, in its final years of occupancy it
was used as a farm supply retail store and warehouse which ultimately closed in December 2014.
Unfortunately, decades of deferred maintenance and exposure to the elements contributed to its current
deleterious condition and the necessity of major repairs and improvements.
Beyond its historical significance, the mill site is currently positioned both geographically and
strategically to have a catalytic impact on the area’s economic, vocational, and cultural growth. In addition
to being within the designated Downtown UDA, the project site is specifically located along the major
gateway to the Downtown corridor and is the first major landmark individuals see when they enter the
Town of Vinton on Gus Nicks Boulevard. Reactivating this commercial and historic mill at the gateway
to Vinton will provide a vibrant welcome to residents, and visitors, and to those passing through on their
way to Smith Mountain Lake and Blue Ridge Parkway.
The Town of Vinton purchased the 1.154 acres property in October of 2015, due to the historical
significance to the community and the Town’s eventual charter in 1884. Council’s desire has been to
preserve and encourage the structure to be rehabilitated and eventually returned to commercial use.
Following the issuance of a Request for Proposal (RFP) in 2019, the Town of Vinton received a formal
proposal from Gish Mill Davii, LLC, to convert the historic property into a mixed- use development with
the following uses: a small restaurant, a seasonal market, a speakeasy in the basement, and the conversion
of the original mill structure, concrete silos, and upper floors of the original mill structure into lodging
with potential use for apartment units (3-10 rooms). The anticipated tenant to operate the restaurant and
lodge has already been secured for the project.
Since the acquisition, the Town of Vinton has completed Phase I and Phase II environmental assessments,
has completed the historic reviews necessary for the property to be preliminary determined for individual
listing on the National Register by the Department of Historic Resources (DHR), and obtained grant funds
from two state government agencies which make the project financially feasible. The first grant from the
DHR Emergency Supplemental Historic Preservation Fund (ESHPF) grant program includes $250,000 in
available funding for repair and stabilization work to take place on the property. The second grant to the
Town is to be administered in the form of a loan of $468,750 through the Economic Development
Authority (EDA) from the Department of Housing and Community Development (DHCD) Industrial
Revitalization Fund (IRF).
The redevelopment project will generate private investment in excess of $1.9 Million and establish the
creation of approximately 41 jobs and result in the rehabilitation of a historic, yet currently-blighted
property that is located on one of four main gateway entrances into the Town with an average daily traffic
count of 21,000 vehicles per day based on 2019 Virginia Department of Transportation (VDOT) data.
The site is also located along the proposed Glade Creek Greenway extension, which will link Downtown
Vinton and Vinyard Park to the extensive Roanoke Valley Greenway system. The Town of Vinton has
also secured Virginia Department of Transportation (VDOT) Surface Transportation Block Grant (STBG)
funds to construct a pedestrian mid-block crossing on Gus Nicks Boulevard to provide a safe means of
travel to the Gish Mill site from the soon to be constructed Glade Creek Phase II project and the newly
redeveloped 84-unit apartment building (Billy Byrd Apartments).
Overall, this project is currently of the highest priority for the Town of Vinton in the realm of
redevelopment and there is not another vacant and deteriorated property that has the potential for the level
of economic and social impact that this site could bring to the area.
Location – 305 and 0 Gus Nicks Boulevard, Vinton, Virginia. Former Holdren’s County Store. The parcels
can be accessed from Gus Nicks Boulevard and West Madison Avenue.
Topography/Vegetation – The existing structure is located adjacent to Glade Creek on a level lot that is
comprised mostly of impervious surfaces. In relation to its special location, the Gish Mill, in serving its
historic milling purposes, is located in the regulatory floodway and Special Flood Hazard Areas (SFHA)
of the Glade Creek floodplain. Because the Town of Vinton is a FEMA Community Rating System (CRS)
Class 8 Community, Town staff are diligent in administering the highest forms of regulatory controls for
development and activities in the Town’s floodplain areas.
Adjacent Zoning and Land Uses – The land uses within the vicinity of the subject property are summarized
below.
Direction from Property Zoning District Land Use
(Chalaine’s) and Sign
Manufacturing (Sav’ On Signs)
D. ANALYSIS OF PROPOSED DEVELOPMENT
Site Layout/Architecture - The developer’s intended use for the mill site is to incorporate several value-
added compatible uses, which launch from popular trends that work very well with the open format
historic space. The building will be designed to feature several uses that take advantage of the creekside
location, the unconventional construction methods, and varying dimensions and angles featured by the
mill space. The specific uses include a small restaurant, a seasonal market, a speakeasy in the basement,
and the conversion of the original mill structure, concrete silos, and upper floors of the original mill
structure into lodging or apartments (3-10 units). The anticipated tenant to operate the restaurant and lodge
has already been secured for the project. The development also includes substantial outdoor spaces
including dining, deck, and patio space. The historic “sluice” will be utilized as an intimate seating area
with stairs that cascade down to the creek.
Based on the preliminary floor plans, the development will include:
(1) Restaurant (back of house, kitchen, and dining space): 5,030 square feet (First floor)
(2) Market: 1,250 square feet (First floor)
(3) Speakeasy: 1,296 square feet (Basement)
(4) Original Mill and silos converted into lodging/apartments: 5,800 square feet (Second and Third floor)
(5) Outdoor dining, deck and patio space: 3,564 square feet (incl. deck and addition to existing slab)
Many of the existing mature trees will be retained. The existing sidewalk connections will be retained
and will be extended into the site providing pedestrian access from each direction of Gus Nicks. The
existing asphalt parking areas will be redeveloped and landscaped for 28 off-street parking spaces
including two accessible spaces. Additionally, there exists an opportunity for a substantial overflow
parking area adjacent to West Madison Avenue.
The historic building will be preserved and sensitively adapted for mixed uses. The building will retain
its architectural character and its environmental setting. Visible changes to the exterior of the property and
building will be minor. The Mixed-Use Development District will allow this space to be used for flexible
space, offering opportunities for community activities, music, and special events perhaps including
“movie nights” utilizing the historic building façade for an outdoor projection area.
Please see attached survey, property map, aerial photography, and conceptual site plan including parking
areas and floor plans of the structure in Appendix A. The Development Team will present a conceptual 3-
D rendering of the future interior and exterior renovations to the property to Town Council during the
briefing on this request. If the rezoning request for the parcels is approved by the Town Council, a formal
site plan for the Project must be submitted for review and approval by the Town of Vinton and County of
Roanoke.
Parking – As shown in the submitted conceptual plan, the internal Gish Mill site will allow 28 off-street
parking spaces including two accessible spaces. There is also opportunity for parking adjacent to West
Madison Avenue that could potentially provide over 13 off-site spaces, which will bring the total parking
space count to about 41.
Site Access – The parcel can currently be accessed from Gus Nicks Boulevard and West Madison Avenue
via two (2) commercial entrances that accommodate for both ingress and egress. The Town of Vinton has
also secured VDOT Surface Transportation Block Grant (STBG) funds to construct a pedestrian mid-
block crossing on Gus Nicks Boulevard to provide a safe means of travel to the Gish Mill site from the
soon to be constructed Glade Creek Phase II project and the newly redeveloped 84-unit apartment building
(Billy Byrd Apartments).
Utilities – Public water and sewer services are available for the existing structure.
E. NO-RISE CERTIFICATION (HYDROLOGIC AND HYDRAULIC STUDY)
The Town utilized the consulting services of Draper Aden Associates to verify that the proposed
redevelopment project would not cause a rise in the base flood elevation. The consultants were able to
utilize the plans of the proposed improvements from the development team and implement them into the
flood models. The conclusion of this H&H study was that the proposed project will not cause a rise in
the base flood elevations. Both the “Memorandum” from the consultant and the signed “No-Rise
Certificate” can be found in Appendix B of this report.
The Gish Mill structure meets the definition of a “historic structure” set out in the definition section of
Division 13, FO Floodplain Overlay District, of the Vinton Zoning Ordinance. Specifically, the Gish Mill
structure meets the definition of subsection (a) pertaining to being “preliminary determined” for individual
listing on the National Register. The letter attached in Appendix C states that the Virginia “Department of
Historic Resources has evaluated the property and has determined that is appears to be eligible for
inclusion in the Virginia Landmarks Register. In accord with the provisions of Sec. 58.1-339.2 of the Code
of Virginia, then, the property is a certified historic structure.”
Both the Town of Vinton and the Development Team understand that meeting this definition does not
automatically exempt this project and its associated activities from the requirements of the floodplain
ordinance. However, specific variances from the floodplain ordinance are being requested by the Town of
Vinton with a public hearing of the Board of Zoning Appeals scheduled for March 30, 2021.
Additionally, the Town and the Development Team understand that Historic structures undergoing repair
or rehabilitation that would constitute a substantial improvement as defined above, must comply with all
requirements of this division that do not preclude the structure's continued designation as a historic
structure. Documentation that a specific ordinance requirement will cause removal of the structure from
the National Register of Historic Places or the state inventory of historic places must be obtained from the
Secretary of the Interior or the state historic preservation officer. Any exemption from ordinance
requirements will be the minimum necessary to preserve the historic character and design of the structure.
To aid in this process, all of the work being completed during both the repair and stabilization phase and
the overall redevelopment phase will be reviewed and approved of by the Department of Historic
Resources before it proceeds. In fact, this is a requirement of both the DHR grant guidelines and the
overarching commitment in seeking historic tax credits at the end of this redevelopment project.
F. COMPREHENSIVE PLAN/FUTURE LAND USE
The 2004 – 2024 Town Comprehensive Plan designates this property and the surrounding properties to
the southeast as a general commercial land use area. The properties to the west of this property (across
Gus Nicks Boulevard) are designated as parks and recreation, community facilities, and high density
residential uses. The properties to the west were rezoned to Mixed Use Development (MUD) in 2016 to
allow for the existing vacant school buildings to be adaptively reused as residential and recreational/small
business flex space.
G. STAFF CONCLUSION
Approval of the proposed rezoning from M-1 Limited Industrial to Mixed Use Development (MUD)
District would allow the existing Gish Mill property to be redeveloped into a mixed-use property that will
accommodate restaurant, retail, residential, and lodging uses. The proposed redevelopment of the historic
Gish Mill property would be consistent with the existing uses of the adjoining properties to the west and
southeast which contain both residential and commercial uses.
The redevelopment of the property will promote and encourage the economic vitality of the community
and preserve a historic building while providing increased economic investment. Additionally, the
proposed uses will not adversely affect adjoining properties and will enhance the neighborhood by taking
an important historical structure and repurposing it for a suitable alternative use that maintains the historic
architecture and setting of the buildings. Adequate utilities and public facilities are already in place to
serve the proposed end uses.
Overall, the rezoning of the parcels included in the Gish Mill site will be the third MUD rezoning process
in the Town of Vinton. The other two projects that involved the rezoning of parcels to MUD in the Town
of Vinton included the Roland E. Cook Lofts and the Billy Byrd Apartment projects, which were formerly
owned by Roanoke County Board of Supervisors. The Roland E. Cook Lofts and Billy Byrd Apartments
projects have proven to be a benchmark of success in the revitalization of historic buildings through the
utilization of historic tax credit programs and local governmental (County of Roanoke and Town of
Vinton) coordination.
Attachment A
Redevelopment Project Survey, Property Map, Aerial Photography, and Conceptual Site Plan
with 3-D Renderings of Potential Interior and Exterior Renovations
914.5 ABOVE
902.0 BELOW
915.25 F.F.E.
915.0
913.5
908.10
914.75
RAMP
913
5%
911.5
DECK
3' CONC
WALK
BELOW
+
+
+
++
+
+
A
L101 L201
ex. SLUICE
DECK
B
L101 L201
CONC.
HEARTH
FIRE
exist.
exist.
exist.
exist.
exist.
D
L101 L201
901
BELOW
+
(3)2 x12 SYP NO. 2
@1'-4" OC
2 x12 JOISTS SYP NO. 2
@1'-4" OC
(3)2 x12
8x8 WOOD POST TYP
W/ MPB 88 Z MOMENT POST BASE
W/ 2'-6" DIA CONCRETE CAISSON REINF.
W/8 #4S VERTICAL, #3 TIES @ 6"OC
2 x12 JOISTS SYP NO. 2
@1'-4" OC
(3)2 x12 BAND
TYP
5%
904.5 +
5%
902
BELOW+
+915
ex. sw
NEW 3' CONC SW
MATCH EXIST.
908.5
+
906.5
+
5%
5%
SUPPLEMENTAL
CONTOUR DATA
FROM COUNTY GIS
SUPPLEMENTAL
CONTOUR DATA
FROM COUNTY GIS
DN
UP
UNIT 1 UNIT 2
TOILETSVEST
BACK OF HOUSE
DINING KITCHEN
TOILETS
MARKET
UNIT 3
DINING
PLANTING
SCREENED
PORCH
915.25 F.F.E.
HISTORIC PROPERTY LINE:
1988 SURVEY
ex. TREES
TYP
28
ON-SITE PARKING
CANOPY
ABOVE
exist.
sw
ex. pipe
ex. OHU
ex. inlet REPAVE EX.
PARKING AREA
REMOVE EX PVMT
ex. guardrail
FUTURE CROSSWALK CONNECTION
TO
GREENWAY & THE BILLY BYRD
Date:
Revisions:
Review By:
Project No.
Drawn By:
Sheet No.
STUDIO
HILL
Landscape Architecture
Architecture
Community Planning
Historic Preservation
120 W. Campbell Ave. SW
Roanoke, VA 24011
tel: 540-342-5263 fax: 540-345-5625
www.hillstudio.com
Seal
10 9 8 7 6 5 4 3 2 1
G
F
E
C
B
GISH MILL
REVITALIZATION
TOWN OF VINTON
ROANOKE
COUNTY, VA
GISH MILL
DAVII
A 5 4 3 2 1109876
CLL
DPH
1957.01
3/12/2021
Title:
0
SCALE IN FEET
1"= '-0"
10 5 10 20 30
10
LAYOUT AND
L-101
MATERIALS
PLAN
SEE SHEET L102 FOR
CONTINUATION
FFE 916.41
ex.914.21
5%5%
+
C
L102 L201
DECK
REMOVE PORTION
OF STRUCTURE
exist. conc slab
exist.
DECK
ABOVE
NEW CONC. REVETMENT WALL
8x8 WOOD POST TYP
W/ MPB 88 Z MOMENT POST BASE
W/ 2'-6" DIA CONCRETE CAISSON REINF.
W/8 #4S VERTICAL, #3 TIES @ 6"OC
2 x12 JOISTS SYP NO. 2
@1'-4" OC
(3)2 x12 BAND
TYP
STREAMBANK
STABILIZATION
SUPPLEMENTAL
CONTOUR DATA
FROM COUNTY GIS
DN
DN
TOILETS
MARKET
FUTURE TRAIL CONNECTION
STREAMBANK STABILIZATION
915.25 F.F.E.
HISTORIC PROPERTY LINE
1988 SURVEY
ex. TREES
TYP
OFF-SITE PARKING
13
28
ON-SITE PARKING
SHOPS
HISTORIC PROPERTY LINE
1988 SURVEY
FUT
U
R
E
T
R
A
I
L
C
O
N
N
E
C
T
I
O
N
REPAVE EX.
PARKING AREA
Date:
Revisions:
Review By:
Project No.
Drawn By:
Sheet No.
STUDIO
HILL
Landscape Architecture
Architecture
Community Planning
Historic Preservation
120 W. Campbell Ave. SW
Roanoke, VA 24011
tel: 540-342-5263 fax: 540-345-5625
www.hillstudio.com
Seal
10 9 8 7 6 5 4 3 2 1
G
F
E
C
B
GISH MILL
REVITALIZATION
TOWN OF VINTON
ROANOKE
COUNTY, VA
GISH MILL
DAVII
A 5 4 3 2 1109876
CLL
DPH
1957.01
3/12/2021
Title:
0
SCALE IN FEET
1"= '-0"
10 5 10 20 30
10
LAYOUT AND
L-102
MATERIALS
PLAN
SEE SHEET L101 FOR
CONTINUATION
DN
DN
DN
UP
UNIT 1 UNIT 2
TOILETSVEST
BACK OF HOUSE
DINING KITCHEN
TOILETS
MARKET
UNIT 3
DINING
GREENWAY CORRIDOR
HISTORIC PROPERTY LINE
1988 SURVEY
FUTURE TRAIL CONNECTION
THE
BILLY
BYRD
SHOPS
THE GISH MILL
Date:
Revisions:
Review By:
Project No.
Drawn By:
Sheet No.
STUDIO
HILL
Landscape Architecture
Architecture
Community Planning
Historic Preservation
120 W. Campbell Ave. SW
Roanoke, VA 24011
tel: 540-342-5263 fax: 540-345-5625
www.hillstudio.com
Seal
10 9 8 7 6 5 4 3 2 1
G
F
E
C
B
GISH MILL
REVITALIZATION
TOWN OF VINTON
ROANOKE
COUNTY, VA
GISH MILL
DAVII
A 5 4 3 2 1109876
CLL
DPH
1957.01
3/12/2021
Title:
LAYOUT AND
L-103
CONTEXT
PLAN
0
SCALE IN FEET
1"= '-0"
30 15 30 60 90
30
DN
DN
DN
UP
UNIT 1 UNIT 2
TOILETSVEST
BACK OF HOUSE
DINING KITCHEN
TOILETS
MARKET
UNIT 3
DINING
HISTORIC PROPERTY LINE
1988 SURVEY
SHOPS
THE GISH MILL
Date:
Revisions:
Review By:
Project No.
Drawn By:
Sheet No.
STUDIO
HILL
Landscape Architecture
Architecture
Community Planning
Historic Preservation
120 W. Campbell Ave. SW
Roanoke, VA 24011
tel: 540-342-5263 fax: 540-345-5625
www.hillstudio.com
Seal
10 9 8 7 6 5 4 3 2 1
G
F
E
C
B
GISH MILL
REVITALIZATION
TOWN OF VINTON
ROANOKE
COUNTY, VA
GISH MILL
DAVII
A 5 4 3 2 1109876
CLL
DPH
1957.01
3/12/2021
Title:
ENVIRONMENTAL
L-104
CONTEXT
MAP
0
SCALE IN FEET
1"= '-0"
20 10 20 40 60
20
425'
995'
530'
730'
DN
DN
DN
UP
UNIT 1 UNIT 2
TOILETSVEST
BACK OF HOUSE
DINING KITCHEN
TOILETS
MARKET
UNIT 3
DINING
PROJECT AREA
2.5%
5%
Date:
Revisions:
Review By:
Project No.
Drawn By:
Sheet No.
STUDIO
HILL
Landscape Architecture
Architecture
Community Planning
Historic Preservation
120 W. Campbell Ave. SW
Roanoke, VA 24011
tel: 540-342-5263 fax: 540-345-5625
www.hillstudio.com
Seal
10 9 8 7 6 5 4 3 2 1
G
F
E
C
B
GISH MILL
REVITALIZATION
TOWN OF VINTON
ROANOKE
COUNTY, VA
GISH MILL
DAVII
A 5 4 3 2 1109876
CLL
DPH
1957.01
3/12/2021
Title:
W.V.W.A.
L-105
& SIGHT
DISTANCES
0
SCALE IN FEET
1"= '-0"
50 25 50 100 150
50
Attachment B
No-Rise Certification: No-Rise Certificate (Signed) and Memorandum of H&H Study
ENGINEERING "NO-RISE" CERTIFICATION
This is to certify that I am a duly qualified engineer licensed to practice
in the State of .
It is to further certify that the attached technical data supports the fact that
proposed _will
(Name of Development)
not impact the 100-year flood elevations, floodway elevations and floodway
widths on at published sections
(Name of Stream)
in the Flood Insurance Study for ,
(Name of Community)
dated _ and will not impact the 100-year
flood elevations, floodway elevations, and floodway widths at unpublished
cross-sections in the vicinity of the proposed development.
Attached are the following documents that support my findings:
_____________________________________________________________
(Date)
(Signature) (Title)
(Address)
(Seal)
2206 South Main Street • Blacksburg, VA • 24060 • 540.552.0444 • www.daa.com
Charlottesville • Manassas • Newport News • Richmond • Virginia Beach
Fayetteville • Raleigh
P:\2021\00100\2100128\03-SDI\REPORTS\MEM - 21 0305 - 2100128 - Gish Mill No-Rise - AJH-CAH.docx
Memorandum
To:Mr. Nathan McClung
Principal Planner
Town of Vinton
From: Carolyn Howard, PE, Draper Aden Associates
Date: March 5, 2021
Project Name:Gish Mill Revitalization
Project Number: 2100128-03
Subject:Glade Creek No-Rise Certification
cc: Hill Studio: David Hill
Draper Aden Associates: Andrew Hemmen
Background
Gish Mill Davii is proposing to renovate the exiting Gish Mill into a commercial and residential
development. Gish Mill is an historic structure adjacent to Glade Creek and is within the creek’s
regulatory floodplain and floodway. The proposed improvements were analyzed to confirm the impacts
will not cause a rise in the base flood elevation. The proposed work is within a Special Flood Hazard
Zone, identified as Zone AE on the attached FEMA Flood Insurance Rate Map No. 51161C0167G dated
September 28, 2007.
Flood Modeling
As the first step, a duplicate effective model (DEM) was run using HEC-RAS 5.0 to check for changes in
the base flood elevation (BFE) between the model and the original HEC-2 output, as provided by the
Town. The following table shows the difference between the HEC-2 and DEM base flood elevations.
Station HEC-2 BFE,
feet
DEM BFE, feet
4048 919.0 919.5
918.7
4500 919.8 920.1
4950 924.0 924.1
5034 924.7 924.8
5046 924.7 925.0
The DEM was revised to include a new, existing conditions cross-sections at river station 4250; this is
the corrected effective model (CEM). Elevations for the new cross-section was determined using the
topography provided for this project; the elevations were adjusted by 0.65 feet to match the datum of
MEMORANDUM to the Town of Vinton
March 5, 2021
Page 2 of 2
the existing flood model. The following table shows the difference between the DEM and CEM base
flood elevations.
Station DEM BFE, feet CEM BFE, feet
4048 919.5 919.5
4250 - 919.6
4500 920.1 919.5
4950 924.1 924.1
5034 924.8 924.8
5046 925.0 925.0
Cross-sections 4150 and 4250 were adjusted for proposed improvements as shown in the plans Gish
Mill Revitalization, Sheet L-101 and L-201, dated January 25, 2021; this is the proposed model (PCM).
The following table shows the difference between the CEM and PM base flood elevations.
Station CEM BFE, feet
Proposed BFE,
feet
4048 919.5 919.5 0.0
4150 919.3 919.3 0.0
4250 919.6 919.6
4500 919.5 919.5 0.0
4950 924.1 924.1 0.0
5034 924.8 924.8 0.0
5046 925.0 925.0 0.0
Therefore the proposed project, based in the information received, does not cause a rise in the base
flood elevation.
ATTACHMENTS
1. FEMA FIRM 51161C0167G
2. Floodplain Overlay Map
3. Gish Mill Revitalization, Sheet L-101, dated January 25, 2021
4. Glade Creek HEC-RAS Summary Table (CEM and Proposed)
5. Glade Creek HEC-RAS Cross-Sections (CEM and Proposed)
DESIGNED: AJH
DRAWN: AJH
CHECKED: CAH
DATE: 3/5/2021
FIGURE
FLOODPLAIN OVERLAY MAP
NEW CROSS SECTION K1
STREAM STATION 4250
GISH MILL DEVELOPMENT
SECTION:L
STA:4500
SECTION:K
STA:4150
SECTION:J
STA:3500
Virginia Geographic Information Network (VGIN)
¯
X
SCALE: 1" = 200'
PROJECT: 2100128
GISH MILL REVITALIZATION
GLADE CREEK
NO RISE CERTIFICATION
Draper Aden Associates
Engineering Surveying Environmental Services
2206 South Main Street
Blacksburg, VA 24060
540-552-0444 Fax: 540-552-0291
Richmond, VA
Charlottesville, VA
Hampton Roads, VA
Raleigh, NC
Fayetteville, NC
Northern Virginia
Virginia Beach, VA
Legend
PROPOSED CROSS-
SECTIONS
EXISTING CROSS-
SECTIONS
1% Annual Chance Flood
Hazard
Regulatory Floodway
Special Floodway
Area of Undetermined
Flood Hazard
0.2% Annual Chance Flood
Hazard
Future Conditions 1%
Annual Chance Flood
Hazard
Area with Reduced Risk
Due to Levee
0 200 400100
Feet
HEC-RAS River: RIVER-1 Reach: Reach-1 Profile: PF 1
Reach River Sta Profile Plan Q Total Min Ch El W.S. Elev Crit W.S. E.G. Elev E.G. Slope Vel Chnl Flow Area Top Width Froude # Chl
(cfs) (ft)(ft)(ft)(ft) (ft/ft) (ft/s) (sq ft) (ft)
Reach-1 1 PF 1 CEM-CAH 12700.00 887.00 909.90 902.36 910.76 0.003281 9.12 2361.24 217.25 0.35
Reach-1 1 PF 1 PCM-CAH 12700.00 887.00 909.90 902.36 910.76 0.003281 9.12 2361.24 217.25 0.35
Reach-1 5 PF 1 CEM-CAH 12700.00 887.00 909.92 910.77 0.003267 9.11 2365.42 217.39 0.35
Reach-1 5 PF 1 PCM-CAH 12700.00 887.00 909.92 910.77 0.003267 9.11 2365.42 217.39 0.35
Reach-1 15 PF 1 CEM-CAH 12700.00 887.00 909.96 910.81 0.003238 9.08 2374.08 217.69 0.35
Reach-1 15 PF 1 PCM-CAH 12700.00 887.00 909.96 910.81 0.003238 9.08 2374.08 217.69 0.35
Reach-1 45 PF 1 CEM-CAH 12700.00 887.10 910.06 910.91 0.003237 9.08 2374.18 217.70 0.35
Reach-1 45 PF 1 PCM-CAH 12700.00 887.10 910.06 910.91 0.003237 9.08 2374.18 217.70 0.35
Reach-1 100 PF 1 CEM-CAH 12700.00 887.20 910.26 911.09 0.003166 9.01 2395.81 218.44 0.35
Reach-1 100 PF 1 PCM-CAH 12700.00 887.20 910.26 911.09 0.003166 9.01 2395.81 218.44 0.35
Reach-1 460 PF 1 CEM-CAH 12700.00 888.30 911.33 912.48 0.003909 10.11 2145.30 225.97 0.39
Reach-1 460 PF 1 PCM-CAH 12700.00 888.30 911.33 912.48 0.003909 10.11 2145.30 225.97 0.39
Reach-1 837 PF 1 CEM-CAH 12570.00 889.10 913.14 913.49 0.001451 6.43 3960.44 385.72 0.24
Reach-1 837 PF 1 PCM-CAH 12570.00 889.10 913.14 913.49 0.001451 6.43 3960.44 385.72 0.24
Reach-1 887 PF 1 CEM-CAH 12570.00 890.00 913.36 902.63 913.57 0.000963 4.98 4444.19 354.41 0.18
Reach-1 887 PF 1 PCM-CAH 12570.00 890.00 913.36 902.63 913.57 0.000963 4.98 4444.19 354.41 0.18
Reach-1 900 Bridge
Reach-1 913 PF 1 CEM-CAH 12570.00 890.00 913.45 902.63 913.65 0.000946 4.95 4475.12 355.85 0.18
Reach-1 913 PF 1 PCM-CAH 12570.00 890.00 913.45 902.63 913.65 0.000946 4.95 4475.12 355.85 0.18
Reach-1 977 PF 1 CEM-CAH 12570.00 889.50 913.43 901.63 913.78 0.001170 5.27 3516.95 325.44 0.21
Reach-1 977 PF 1 PCM-CAH 12570.00 889.50 913.43 901.63 913.78 0.001170 5.27 3516.95 325.44 0.21
Reach-1 989.5 Bridge
Reach-1 1002 PF 1 CEM-CAH 12570.00 889.50 913.61 901.63 913.94 0.001125 5.19 3573.92 326.23 0.20
Reach-1 1002 PF 1 PCM-CAH 12570.00 889.50 913.61 901.63 913.94 0.001125 5.19 3573.92 326.23 0.20
Reach-1 1052 PF 1 CEM-CAH 12570.00 889.60 913.14 914.40 0.003618 10.20 2024.21 217.91 0.39
Reach-1 1052 PF 1 PCM-CAH 12570.00 889.60 913.14 914.40 0.003618 10.20 2024.21 217.91 0.39
Reach-1 1100 PF 1 CEM-CAH 12570.00 889.70 914.10 914.66 0.001700 7.27 2943.00 240.33 0.27
Reach-1 1100 PF 1 PCM-CAH 12570.00 889.70 914.10 914.66 0.001700 7.27 2943.00 240.33 0.27
Reach-1 1435 PF 1 CEM-CAH 12570.00 890.30 914.62 915.29 0.001851 7.68 2645.11 208.96 0.28
Reach-1 1435 PF 1 PCM-CAH 12570.00 890.30 914.62 915.29 0.001851 7.68 2645.11 208.96 0.28
Reach-1 1620 PF 1 CEM-CAH 12570.00 890.80 914.94 915.69 0.002089 8.04 2564.30 239.04 0.30
Reach-1 1620 PF 1 PCM-CAH 12570.00 890.80 914.94 915.69 0.002089 8.04 2564.30 239.04 0.30
Reach-1 1700 PF 1 CEM-CAH 12570.00 891.00 915.01 915.94 0.002440 8.68 2241.07 220.89 0.32
Reach-1 1700 PF 1 PCM-CAH 12570.00 891.00 915.01 915.94 0.002440 8.68 2241.07 220.89 0.32
Reach-1 2160 PF 1 CEM-CAH 12400.00 892.00 916.23 917.07 0.002355 8.34 2351.02 234.44 0.31
Reach-1 2160 PF 1 PCM-CAH 12400.00 892.00 916.23 917.07 0.002355 8.34 2351.02 234.44 0.31
Reach-1 3500 PF 1 CEM-CAH 12400.00 894.80 918.75 918.91 0.000791 4.60 5299.46 468.85 0.17
Reach-1 3500 PF 1 PCM-CAH 12400.00 894.80 918.75 918.91 0.000791 4.60 5299.46 468.85 0.17
Reach-1 3790 PF 1 CEM-CAH 12200.00 895.00 918.90 919.28 0.001536 6.38 3865.89 463.08 0.24
Reach-1 3790 PF 1 PCM-CAH 12200.00 895.00 918.90 919.28 0.001536 6.38 3865.89 463.08 0.24
Reach-1 3951 PF 1 CEM-CAH 12160.00 896.00 919.29 908.39 919.46 0.000688 4.19 5503.24 616.81 0.17
Reach-1 3951 PF 1 PCM-CAH 12160.00 896.00 919.29 908.39 919.46 0.000688 4.19 5503.24 616.81 0.17
Reach-1 3999.5 Bridge
Reach-1 4048 PF 1 CEM-CAH 12160.00 896.00 919.45 908.40 919.61 0.000659 4.12 5600.96 620.50 0.16
Reach-1 4048 PF 1 PCM-CAH 12160.00 896.00 919.45 908.40 919.61 0.000659 4.12 5600.96 620.50 0.16
Reach-1 4150 PF 1 CEM-CAH 12160.00 898.26 919.33 919.88 0.001948 6.86 2957.51 332.26 0.28
Reach-1 4150 PF 1 PCM-CAH 12160.00 898.26 919.33 919.87 0.001908 6.84 3003.40 332.34 0.28
Reach-1 4210 PF 1 CEM-CAH 12160.00 897.77 919.48 919.99 0.001675 6.25 2948.67 374.78 0.25
Reach-1 4210 PF 1 PCM-CAH 12160.00 897.77 919.46 919.98 0.001692 6.27 2927.01 385.56 0.25
Reach-1 4250 PF 1 CEM-CAH 12160.00 897.77 919.55 920.06 0.001644 6.20 2977.11 375.50 0.25
Reach-1 4250 PF 1 PCM-CAH 12160.00 897.77 919.61 908.77 920.12 0.001628 6.19 2986.83 387.05 0.25
Reach-1 4500 PF 1 CEM-CAH 12160.00 901.00 919.46 921.53 0.010281 12.60 1411.30 203.96 0.58
Reach-1 4500 PF 1 PCM-CAH 12160.00 901.00 919.53 921.57 0.010069 12.51 1425.64 205.50 0.58
HEC-RAS River: RIVER-1 Reach: Reach-1 Profile: PF 1 (Continued)
Reach River Sta Profile Plan Q Total Min Ch El W.S. Elev Crit W.S. E.G. Elev E.G. Slope Vel Chnl Flow Area Top Width Froude # Chl
(cfs) (ft)(ft)(ft)(ft) (ft/ft) (ft/s) (sq ft) (ft)
Reach-1 4950 PF 1 CEM-CAH 12160.00 905.00 924.10 925.01 0.005194 9.54 2257.69 287.23 0.41
Reach-1 4950 PF 1 PCM-CAH 12160.00 905.00 924.10 925.01 0.005191 9.54 2258.06 287.24 0.41
Reach-1 5034 PF 1 CEM-CAH 12160.00 905.00 924.78 919.87 925.42 0.003570 8.18 2600.80 291.05 0.35
Reach-1 5034 PF 1 PCM-CAH 12160.00 905.00 924.78 919.87 925.43 0.003569 8.18 2601.08 291.06 0.35
Reach-1 5040 Bridge
Reach-1 5046 PF 1 CEM-CAH 12160.00 905.00 924.95 919.88 925.57 0.003406 8.04 2648.74 292.53 0.34
Reach-1 5046 PF 1 PCM-CAH 12160.00 905.00 924.95 919.88 925.57 0.003408 8.04 2648.31 292.52 0.34
Reach-1 5095 PF 1 CEM-CAH 12160.00 904.00 924.77 926.05 0.006324 10.74 1910.11 248.30 0.47
Reach-1 5095 PF 1 PCM-CAH 12160.00 904.00 924.77 926.05 0.006327 10.74 1909.73 248.29 0.47
Reach-1 5348 PF 1 CEM-CAH 12160.00 904.00 926.39 912.06 926.50 0.000339 2.87 5606.84 454.14 0.11
Reach-1 5348 PF 1 PCM-CAH 12160.00 904.00 926.39 912.06 926.50 0.000339 2.87 5606.45 454.13 0.11
Reach-1 5360 Bridge
Reach-1 5372 PF 1 CEM-CAH 12160.00 904.00 926.50 912.07 926.61 0.000364 2.88 5546.30 455.00 0.12
Reach-1 5372 PF 1 PCM-CAH 12160.00 904.00 926.50 912.07 926.61 0.000364 2.88 5545.92 454.99 0.12
Reach-1 5385 PF 1 CEM-CAH 12160.00 904.00 926.35 926.72 0.002382 6.70 3245.40 327.52 0.29
Reach-1 5385 PF 1 PCM-CAH 12160.00 904.00 926.35 926.72 0.002383 6.70 3245.10 327.52 0.29
Reach-1 5610 PF 1 CEM-CAH 12160.00 906.00 926.93 927.66 0.004184 8.66 2441.65 309.29 0.37
Reach-1 5610 PF 1 PCM-CAH 12160.00 906.00 926.93 927.66 0.004185 8.66 2441.41 309.29 0.37
Reach-1 6470 PF 1 CEM-CAH 12160.00 909.00 928.40 928.43 0.000296 2.25 9946.10 1061.11 0.10
Reach-1 6470 PF 1 PCM-CAH 12160.00 909.00 928.40 928.43 0.000296 2.25 9945.58 1061.10 0.10
Reach-1 7850 PF 1 CEM-CAH 12160.00 911.60 929.11 929.21 0.001326 4.13 5559.22 783.48 0.20
Reach-1 7850 PF 1 PCM-CAH 12160.00 911.60 929.11 929.21 0.001326 4.13 5558.93 783.47 0.20
Reach-1 8350 PF 1 CEM-CAH 12160.00 912.00 929.91 930.73 0.006017 8.83 2914.62 819.19 0.44
Reach-1 8350 PF 1 PCM-CAH 12160.00 912.00 929.91 930.73 0.006017 8.83 2914.47 819.19 0.44
Reach-1 8398 PF 1 CEM-CAH 12160.00 913.00 930.60 927.27 931.00 0.002721 6.58 4131.65 880.02 0.29
Reach-1 8398 PF 1 PCM-CAH 12160.00 913.00 930.60 927.27 931.00 0.002721 6.58 4131.54 880.02 0.29
Reach-1 8410 Bridge
Reach-1 8422 PF 1 CEM-CAH 12160.00 913.00 930.82 927.04 931.26 0.003074 6.79 3937.31 884.44 0.30
Reach-1 8422 PF 1 PCM-CAH 12160.00 913.00 930.82 927.04 931.26 0.003074 6.79 3937.20 884.43 0.30
Reach-1 8460 PF 1 CEM-CAH 12160.00 912.00 931.11 931.38 0.001796 5.62 4568.91 725.01 0.26
Reach-1 8460 PF 1 PCM-CAH 12160.00 912.00 931.11 931.38 0.001796 5.62 4568.87 725.01 0.26
Reach-1 8800 PF 1 CEM-CAH 12160.00 912.00 931.63 931.72 0.000708 3.94 7259.69 957.45 0.17
Reach-1 8800 PF 1 PCM-CAH 12160.00 912.00 931.63 931.72 0.000708 3.94 7259.69 957.45 0.17
Reach-1 10265 PF 1 CEM-CAH 12160.00 918.00 933.41 933.91 0.004136 7.73 3063.31 466.15 0.38
Reach-1 10265 PF 1 PCM-CAH 12160.00 918.00 933.41 933.91 0.004136 7.73 3063.31 466.15 0.38
Reach-1 11560 PF 1 CEM-CAH 12160.00 922.00 936.37 936.54 0.001480 4.71 4988.35 659.58 0.23
Reach-1 11560 PF 1 PCM-CAH 12160.00 922.00 936.37 936.54 0.001480 4.71 4988.35 659.58 0.23
Reach-1 12030 PF 1 CEM-CAH 11679.00 922.00 936.92 937.05 0.001213 4.31 5661.44 833.15 0.21
Reach-1 12030 PF 1 PCM-CAH 11679.00 922.00 936.92 937.05 0.001213 4.31 5661.44 833.15 0.21
Reach-1 12070 PF 1 CEM-CAH 11679.00 922.00 936.30 933.16 937.64 0.009230 9.29 1257.69 825.74 0.55
Reach-1 12070 PF 1 PCM-CAH 11679.00 922.00 936.30 933.16 937.64 0.009230 9.29 1257.69 825.74 0.55
Reach-1 12080 Bridge
Reach-1 12090 PF 1 CEM-CAH 11679.00 922.00 940.40 933.03 940.51 0.000869 3.39 6194.33 878.46 0.17
Reach-1 12090 PF 1 PCM-CAH 11679.00 922.00 940.40 933.03 940.51 0.000869 3.39 6194.33 878.46 0.17
Reach-1 12215 PF 1 CEM-CAH 11679.00 923.00 940.45 940.84 0.003638 8.17 2976.13 339.41 0.36
Reach-1 12215 PF 1 PCM-CAH 11679.00 923.00 940.45 940.84 0.003638 8.17 2976.13 339.41 0.36
Reach-1 13040 PF 1 CEM-CAH 11679.00 926.60 942.47 942.57 0.001322 4.47 5345.01 645.21 0.20
Reach-1 13040 PF 1 PCM-CAH 11679.00 926.60 942.47 942.57 0.001322 4.47 5345.01 645.21 0.20
Reach-1 14450 PF 1 CEM-CAH 11679.00 930.60 945.18 945.69 0.004637 8.31 3290.49 643.31 0.40
Reach-1 14450 PF 1 PCM-CAH 11679.00 930.60 945.18 945.69 0.004637 8.31 3290.49 643.31 0.40
Reach-1 15520 PF 1 CEM-CAH 11679.00 933.50 949.85 950.76 0.005306 9.27 2284.77 373.56 0.44
Reach-1 15520 PF 1 PCM-CAH 11679.00 933.50 949.85 950.76 0.005306 9.27 2284.77 373.56 0.44
Reach-1 16130 PF 1 CEM-CAH 11679.00 934.30 953.08 954.60 0.006717 11.82 1770.54 239.17 0.51
HEC-RAS River: RIVER-1 Reach: Reach-1 Profile: PF 1 (Continued)
Reach River Sta Profile Plan Q Total Min Ch El W.S. Elev Crit W.S. E.G. Elev E.G. Slope Vel Chnl Flow Area Top Width Froude # Chl
(cfs) (ft)(ft)(ft)(ft) (ft/ft) (ft/s) (sq ft) (ft)
Reach-1 16130 PF 1 PCM-CAH 11679.00 934.30 953.08 954.60 0.006717 11.82 1770.54 239.17 0.51
Reach-1 16425 PF 1 CEM-CAH 11679.00 936.00 955.00 956.58 0.006551 12.14 2081.66 437.00 0.51
Reach-1 16425 PF 1 PCM-CAH 11679.00 936.00 955.00 956.58 0.006551 12.14 2081.66 437.00 0.51
Reach-1 16920 PF 1 CEM-CAH 11679.00 939.00 957.69 957.92 0.001105 5.00 4191.62 537.74 0.21
Reach-1 16920 PF 1 PCM-CAH 11679.00 939.00 957.69 957.92 0.001105 5.00 4191.62 537.74 0.21
Reach-1 18500 PF 1 CEM-CAH 11450.00 943.10 960.11 960.37 0.002359 6.01 3650.95 495.00 0.28
Reach-1 18500 PF 1 PCM-CAH 11450.00 943.10 960.11 960.37 0.002359 6.01 3650.95 495.00 0.28
Reach-1 19530 PF 1 CEM-CAH 11450.00 947.00 962.11 962.25 0.001726 5.12 4842.84 663.00 0.25
Reach-1 19530 PF 1 PCM-CAH 11450.00 947.00 962.11 962.25 0.001726 5.12 4842.84 663.00 0.25
Reach-1 20710 PF 1 CEM-CAH 11450.00 951.80 964.19 964.52 0.003969 6.67 3366.26 576.84 0.36
Reach-1 20710 PF 1 PCM-CAH 11450.00 951.80 964.19 964.52 0.003969 6.67 3366.26 576.84 0.36
Reach-1 20860 PF 1 CEM-CAH 11450.00 953.00 964.23 965.82 0.008967 10.61 1429.42 269.81 0.57
Reach-1 20860 PF 1 PCM-CAH 11450.00 953.00 964.23 965.82 0.008967 10.61 1429.42 269.81 0.57
Reach-1 20880 PF 1 CEM-CAH 11450.00 953.00 964.18 961.00 966.22 0.013488 11.46 999.02 267.11 0.61
Reach-1 20880 PF 1 PCM-CAH 11450.00 953.00 964.18 961.00 966.22 0.013488 11.46 999.02 267.11 0.61
Reach-1 20890 Bridge
Reach-1 20900 PF 1 CEM-CAH 11450.00 953.00 964.89 961.00 966.69 0.011178 10.78 1062.30 294.70 0.55
Reach-1 20900 PF 1 PCM-CAH 11450.00 953.00 964.89 961.00 966.69 0.011178 10.78 1062.30 294.70 0.55
Reach-1 20910 PF 1 CEM-CAH 11450.00 953.00 966.63 967.04 0.003839 7.33 3426.29 643.96 0.37
Reach-1 20910 PF 1 PCM-CAH 11450.00 953.00 966.63 967.04 0.003839 7.33 3426.29 643.96 0.37
Reach-1 21100 PF 1 CEM-CAH 11450.00 953.00 967.31 967.80 0.003905 7.67 2962.33 452.93 0.38
Reach-1 21100 PF 1 PCM-CAH 11450.00 953.00 967.31 967.80 0.003905 7.67 2962.33 452.93 0.38
Reach-1 21970 PF 1 CEM-CAH 11450.00 955.00 969.95 970.15 0.002216 5.61 4492.26 718.22 0.28
Reach-1 21970 PF 1 PCM-CAH 11450.00 955.00 969.95 970.15 0.002216 5.61 4492.26 718.22 0.28
Reach-1 22650 PF 1 CEM-CAH 11450.00 958.00 971.93 972.67 0.005905 9.29 2379.42 363.42 0.46
Reach-1 22650 PF 1 PCM-CAH 11450.00 958.00 971.93 972.67 0.005905 9.29 2379.42 363.42 0.46
Reach-1 23610 PF 1 CEM-CAH 11450.00 961.00 977.27 978.43 0.006455 10.05 1808.02 250.18 0.48
Reach-1 23610 PF 1 PCM-CAH 11450.00 961.00 977.27 978.43 0.006455 10.05 1808.02 250.18 0.48
Reach-1 24560 PF 1 CEM-CAH 11450.00 968.00 981.28 981.56 0.001968 5.54 3442.83 421.41 0.27
Reach-1 24560 PF 1 PCM-CAH 11450.00 968.00 981.28 981.56 0.001968 5.54 3442.83 421.41 0.27
Reach-1 24590 PF 1 CEM-CAH 11450.00 968.00 981.34 977.32 981.61 0.001946 5.53 3463.81 386.60 0.27
Reach-1 24590 PF 1 PCM-CAH 11450.00 968.00 981.34 977.32 981.61 0.001946 5.53 3463.81 386.60 0.27
Reach-1 24600 Bridge
Reach-1 24610 PF 1 CEM-CAH 11450.00 968.00 983.38 977.32 983.56 0.001079 4.54 4283.00 414.55 0.21
Reach-1 24610 PF 1 PCM-CAH 11450.00 968.00 983.38 977.32 983.56 0.001079 4.54 4283.00 414.55 0.21
Reach-1 24660 PF 1 CEM-CAH 11450.00 968.30 982.81 984.14 0.007478 10.32 1771.32 329.35 0.51
Reach-1 24660 PF 1 PCM-CAH 11450.00 968.30 982.81 984.14 0.007478 10.32 1771.32 329.35 0.51
Reach-1 24805 PF 1 CEM-CAH 11450.00 968.30 984.19 985.07 0.004540 8.62 2261.93 378.11 0.41
Reach-1 24805 PF 1 PCM-CAH 11450.00 968.30 984.19 985.07 0.004540 8.62 2261.93 378.11 0.41
Reach-1 24955 PF 1 CEM-CAH 11450.00 968.00 984.82 985.61 0.002772 7.20 1738.76 201.41 0.31
Reach-1 24955 PF 1 PCM-CAH 11450.00 968.00 984.82 985.61 0.002772 7.20 1738.76 201.41 0.31
Reach-1 24960 PF 1 CEM-CAH 11450.00 968.00 984.83 975.79 985.62 0.002762 7.19 1742.03 202.34 0.31
Reach-1 24960 PF 1 PCM-CAH 11450.00 968.00 984.83 975.79 985.62 0.002762 7.19 1742.03 202.34 0.31
Reach-1 24967.5 Bridge
Reach-1 24975 PF 1 CEM-CAH 11450.00 968.00 985.11 975.79 985.92 0.002707 7.19 1591.62 218.40 0.31
Reach-1 24975 PF 1 PCM-CAH 11450.00 968.00 985.11 975.79 985.92 0.002707 7.19 1591.62 218.40 0.31
Reach-1 24995 PF 1 CEM-CAH 11450.00 968.00 985.24 975.79 985.98 0.002530 6.99 1828.86 225.50 0.30
Reach-1 24995 PF 1 PCM-CAH 11450.00 968.00 985.24 975.79 985.98 0.002530 6.99 1828.86 225.50 0.30
Reach-1 25002.5 Bridge
Reach-1 25010 PF 1 CEM-CAH 11450.00 968.00 985.54 975.79 986.30 0.002495 7.02 1631.04 242.59 0.30
Reach-1 25010 PF 1 PCM-CAH 11450.00 968.00 985.54 975.79 986.30 0.002495 7.02 1631.04 242.59 0.30
Reach-1 25050 PF 1 CEM-CAH 11383.00 965.20 984.86 987.04 0.008761 12.24 1164.06 148.47 0.51
Reach-1 25050 PF 1 PCM-CAH 11383.00 965.20 984.86 987.04 0.008761 12.24 1164.06 148.47 0.51
HEC-RAS River: RIVER-1 Reach: Reach-1 Profile: PF 1 (Continued)
Reach River Sta Profile Plan Q Total Min Ch El W.S. Elev Crit W.S. E.G. Elev E.G. Slope Vel Chnl Flow Area Top Width Froude # Chl
(cfs) (ft)(ft)(ft)(ft) (ft/ft) (ft/s) (sq ft) (ft)
Reach-1 25165 PF 1 CEM-CAH 11383.00 965.70 985.97 988.22 0.011554 13.58 1359.33 216.19 0.57
Reach-1 25165 PF 1 PCM-CAH 11383.00 965.70 985.97 988.22 0.011554 13.58 1359.33 216.19 0.57
Reach-1 26040 PF 1 CEM-CAH 10090.00 970.20 993.05 993.53 0.003118 7.60 2617.21 327.04 0.30
Reach-1 26040 PF 1 PCM-CAH 10090.00 970.20 993.05 993.53 0.003118 7.60 2617.21 327.04 0.30
Reach-1 26920 PF 1 CEM-CAH 10090.00 975.30 994.87 995.08 0.001196 5.01 3945.54 460.60 0.21
Reach-1 26920 PF 1 PCM-CAH 10090.00 975.30 994.87 995.08 0.001196 5.01 3945.54 460.60 0.21
Reach-1 27020 PF 1 CEM-CAH 10090.00 975.00 995.06 988.32 995.21 0.001261 4.66 4199.47 472.45 0.18
Reach-1 27020 PF 1 PCM-CAH 10090.00 975.00 995.06 988.32 995.21 0.001261 4.66 4199.47 472.45 0.18
Reach-1 27026 Bridge
Reach-1 27032 PF 1 CEM-CAH 10090.00 975.00 995.15 988.31 995.31 0.001223 4.61 4245.79 473.23 0.18
Reach-1 27032 PF 1 PCM-CAH 10090.00 975.00 995.15 988.31 995.31 0.001223 4.61 4245.79 473.23 0.18
Reach-1 27060 PF 1 CEM-CAH 10090.00 975.20 994.94 995.50 0.000988 7.24 3303.65 418.50 0.31
Reach-1 27060 PF 1 PCM-CAH 10090.00 975.20 994.94 995.50 0.000988 7.24 3303.65 418.50 0.31
Reach-1 27734 PF 1 CEM-CAH 10090.00 977.90 995.68 996.74 0.002799 12.42 2957.72 430.86 0.53
Reach-1 27734 PF 1 PCM-CAH 10090.00 977.90 995.68 996.74 0.002799 12.42 2957.72 430.86 0.53
Reach-1 27778 PF 1 CEM-CAH 10090.00 979.00 996.10 991.80 996.90 0.002249 9.20 2777.92 417.69 0.42
Reach-1 27778 PF 1 PCM-CAH 10090.00 979.00 996.10 991.80 996.90 0.002249 9.20 2777.92 417.69 0.42
Reach-1 27790 Bridge
Reach-1 27802 PF 1 CEM-CAH 10090.00 979.00 996.25 991.69 996.97 0.002192 8.82 2870.11 422.11 0.40
Reach-1 27802 PF 1 PCM-CAH 10090.00 979.00 996.25 991.69 996.97 0.002192 8.82 2870.11 422.11 0.40
Reach-1 27836 PF 1 CEM-CAH 10090.00 978.60 996.08 997.20 0.001956 9.85 2313.99 331.76 0.44
Reach-1 27836 PF 1 PCM-CAH 10090.00 978.60 996.08 997.20 0.001956 9.85 2313.99 331.76 0.44
Reach-1 28980 PF 1 CEM-CAH 10090.00 982.40 998.74 997.81 1001.55 0.006222 14.75 1301.64 236.93 0.73
Reach-1 28980 PF 1 PCM-CAH 10090.00 982.40 998.74 997.81 1001.55 0.006222 14.75 1301.64 236.93 0.73
0 100 200 300 400 500
980
985
990
995
1000
1005
1010
GladeCreek Plan: 1) CEM-CAH 3/5/2021 2) PCM-CAH 3/5/2021
RS = 28980
Station (ft)
El
e
v
a
t
i
o
n
(
f
t
)
Legend
EG PF 1 - CEM-CAH
EG PF 1 - PCM-CAH
WS PF 1 - PCM-CAH
WS PF 1 - CEM-CAH
Crit PF 1 - CEM-CAH
Crit PF 1 - PCM-CAH
Ground
Bank Sta
.12 .04 .12
100 150 200 250 300 350 400 450
905
910
915
920
925
930
GladeCreek Plan: 1) CEM-CAH 3/5/2021 2) PCM-CAH 3/5/2021
RS = 5046 This is a REPEATED section.
Station (ft)
El
e
v
a
t
i
o
n
(
f
t
)
Legend
EG PF 1 - CEM-CAH
EG PF 1 - PCM-CAH
WS PF 1 - CEM-CAH
WS PF 1 - PCM-CAH
Crit PF 1 - CEM-CAH
Crit PF 1 - PCM-CAH
Ground
Ineff
Bank Sta
.11 .065 .11
100 150 200 250 300 350 400 450
905
910
915
920
925
930
GladeCreek Plan: 1) CEM-CAH 3/5/2021 2) PCM-CAH 3/5/2021
RS = 5040 BR Bridge #4
Station (ft)
El
e
v
a
t
i
o
n
(
f
t
)
Legend
EG PF 1 - CEM-CAH
EG PF 1 - PCM-CAH
WS PF 1 - CEM-CAH
WS PF 1 - PCM-CAH
Crit PF 1 - CEM-CAH
Crit PF 1 - PCM-CAH
Ground
Ineff
Bank Sta
.11 .065 .11
100 150 200 250 300 350 400 450
905
910
915
920
925
930
GladeCreek Plan: 1) CEM-CAH 3/5/2021 2) PCM-CAH 3/5/2021
RS = 5040 BR Bridge #4
Station (ft)
El
e
v
a
t
i
o
n
(
f
t
)
Legend
EG PF 1 - PCM-CAH
EG PF 1 - CEM-CAH
WS PF 1 - PCM-CAH
WS PF 1 - CEM-CAH
Crit PF 1 - CEM-CAH
Crit PF 1 - PCM-CAH
Ground
Ineff
Bank Sta
.11 .065 .11
100 150 200 250 300 350 400 450
905
910
915
920
925
930
GladeCreek Plan: 1) CEM-CAH 3/5/2021 2) PCM-CAH 3/5/2021
RS = 5034
Station (ft)
El
e
v
a
t
i
o
n
(
f
t
)
Legend
EG PF 1 - PCM-CAH
EG PF 1 - CEM-CAH
WS PF 1 - PCM-CAH
WS PF 1 - CEM-CAH
Crit PF 1 - CEM-CAH
Crit PF 1 - PCM-CAH
Ground
Ineff
Bank Sta
.11 .065 .11
50 100 150 200 250 300 350 400 450
905
910
915
920
925
930
GladeCreek Plan: 1) CEM-CAH 3/5/2021 2) PCM-CAH 3/5/2021
RS = 4950
Station (ft)
El
e
v
a
t
i
o
n
(
f
t
)
Legend
EG PF 1 - PCM-CAH
EG PF 1 - CEM-CAH
WS PF 1 - PCM-CAH
WS PF 1 - CEM-CAH
Ground
Bank Sta
.11 .065 .11
750 800 850 900 950 1000 1050 1100 1150
900
905
910
915
920
925
930
935
GladeCreek Plan: 1) CEM-CAH 3/5/2021 2) PCM-CAH 3/5/2021
RS = 4500
Station (ft)
El
e
v
a
t
i
o
n
(
f
t
)
Legend
EG PF 1 - PCM-CAH
EG PF 1 - CEM-CAH
WS PF 1 - PCM-CAH
WS PF 1 - CEM-CAH
Ground
Bank Sta
.11 .065 .11
0 200 400 600 800 1000
890
900
910
920
930
940
950
960
970
GladeCreek Plan: 1) CEM-CAH 3/5/2021 2) PCM-CAH 3/5/2021
RS = 4250 New Cross Section - Adj. to NGVD27 (+0.65')
Station (ft)
El
e
v
a
t
i
o
n
(
f
t
)
Legend
EG PF 1 - PCM-CAH
EG PF 1 - CEM-CAH
WS PF 1 - PCM-CAH
WS PF 1 - CEM-CAH
Crit PF 1 - PCM-CAH
Ground
Bank Sta
.11 .065 .11
0 200 400 600 800 1000
890
900
910
920
930
940
950
960
970
GladeCreek Plan: 1) CEM-CAH 3/5/2021 2) PCM-CAH 3/5/2021
RS = 4235 BR Gish Mill Deck
Station (ft)
El
e
v
a
t
i
o
n
(
f
t
)
Legend
EG PF 1 - PCM-CAH
WS PF 1 - PCM-CAH
Crit PF 1 - PCM-CAH
Ground
Bank Sta
.11 .065 .11
0 200 400 600 800 1000
890
900
910
920
930
940
950
960
970
GladeCreek Plan: 1) CEM-CAH 3/5/2021 2) PCM-CAH 3/5/2021
RS = 4235 BR Gish Mill Deck
Station (ft)
El
e
v
a
t
i
o
n
(
f
t
)
Legend
EG PF 1 - PCM-CAH
WS PF 1 - PCM-CAH
Crit PF 1 - PCM-CAH
Ground
Bank Sta
.11 .065 .11
0 200 400 600 800 1000
890
900
910
920
930
940
950
960
970
GladeCreek Plan: 1) CEM-CAH 3/5/2021 2) PCM-CAH 3/5/2021
RS = 4210 Copy of Section 4250
Station (ft)
El
e
v
a
t
i
o
n
(
f
t
)
Legend
EG PF 1 - CEM-CAH
EG PF 1 - PCM-CAH
WS PF 1 - CEM-CAH
WS PF 1 - PCM-CAH
Ground
Bank Sta
.11 .065 .11
0 200 400 600 800 1000
890
900
910
920
930
940
950
GladeCreek Plan: 1) CEM-CAH 3/5/2021 2) PCM-CAH 3/5/2021
RS = 4150 Section adjusted per survey Adj. to NGVD27 (+0.65')
Station (ft)
El
e
v
a
t
i
o
n
(
f
t
)
Legend
EG PF 1 - CEM-CAH
EG PF 1 - PCM-CAH
WS PF 1 - PCM-CAH
WS PF 1 - CEM-CAH
Ground
Bank Sta
.11 .065 .11
0 200 400 600 800 1000
895
900
905
910
915
920
925
930
935
GladeCreek Plan: 1) CEM-CAH 3/5/2021 2) PCM-CAH 3/5/2021
RS = 4048 This is a REPEATED section.
Station (ft)
El
e
v
a
t
i
o
n
(
f
t
)
Legend
EG PF 1 - CEM-CAH
EG PF 1 - PCM-CAH
WS PF 1 - PCM-CAH
WS PF 1 - CEM-CAH
Crit PF 1 - CEM-CAH
Crit PF 1 - PCM-CAH
Ground
Ineff
Bank Sta
.11 .065 .11
Attachment C
Letter from the Department of Historic Resources Concerning Historic Designation of Gish Mill
Property
Gish Mill Redevelopment Project
March 16, 2020
Town of Vinton Rezoning Request
Town Council Briefing
Nature of Request
•Petition of the Town of Vinton, to rezone the historic Gish Mill properties, from M-1 Limited
Industrial to Mixed Use Development (MUD) District, in order for the properties to be
redeveloped into a mixed-use property that will accommodate restaurant, retail, residential,
and lodging uses. The properties are located at 305 and 0 Gus Nicks Boulevard, Vinton,
Virginia, Tax Map Numbers 060.11-04-22.00-0000 and 060.11-04-23.00-0000.
2 Planning and Zoning Department
Timeline of Events
•October 23, 2015: Town of Vinton purchases Gish Mill property.
•2019: Issuance of a Request for Proposal (RFP), which the Gish Mill Davii, LLC responded to
with a formal proposal to convert the historic property into a mixed-use development.
•April 8, 2020: Contract of Sale between Town and Development Team is signed.
•Fall 2020: Town awarded grant funds from two state government agencies.
•The first grant from the Department of Historic Resources (DHR) Emergency Supplemental Historic
Preservation Fund (ESHPF) grant program includes $250,000 in available funding for repair and
stabilization work to take place on the property.
•The second grant to the Town is to be administered in the form of a loan of $468,750 through the
Economic Development Authority (EDA) from the Department of Housing and Community Development
(DHCD) Industrial Revitalization Fund (IRF).
3 Planning and Zoning Department
Timeline of Events
•March 5, 2021: No-rise certification attained after the completion of a H&H study by Draper
Aden Associates.
•March 16, 2021: Notification letters sent out to adjoining property owners.
Upcoming Events:
•March 25, 2021: Planning Commission work session.
•March 30, 2021: BZA public hearing on variance request by the Town of Vinton.
•April 6, 2021: Joint public hearing of the Planning Commission and Town Council on the
rezoning request.
4 Planning and Zoning Department
Basic Information on Properties
•Location: 305 and 0 Gus Nicks Boulevard, Vinton, Virginia. Former Holdren’s County Store.
•Topography/Vegetation –The existing structure is located adjacent to Glade Creek on a level lot
that is comprised mostly of pervious surfaces. In relation to its special location, the Gish Mill, in
serving its historic purposes, is located in the regulatory floodway and Special Flood Hazard
Areas (SFHA) of the Glade Creek floodplain.
•Site Access: The parcels can be accessed from Gus Nicks Boulevard and West Madison Avenue.
•Adjacent Zoning and Land Uses:
5
Direction from Property Zoning District Land Use
North N/A Glade Creek/ Roanoke City Parcel (RM-1)
West MUD Apartment Building/ Future Business Flex
Space
Southeast M-1 Limited Industrial Clothing embroidery (Chalaine’s) and Sign
Manufacturing (Sav’ On Signs) Businesses
South N/A Right-of-way
Planning and Zoning Department
Adjacent Zoning and Land Uses
6 Planning and Zoning Department
Regulatory Floodway and Special Flood Hazard Areas (SFHA)
7 Planning and Zoning Department
No-Rise Certification
•The Town utilized the consulting services of Draper
Aden Associates to verify that the proposed
redevelopment project would not cause a rise in the
base flood elevation.The consultants were able to
utilize the plans of the proposed improvements from
the development team and implement them into the
flood models.The conclusion of this H&H study was
that the proposed project will not cause a rise in the
base flood elevations.
8 Planning and Zoning Department
Floodplain Variance Process (BZA)
•The Gish Mill structure meets the definition of a “historic structure” set out in the
definition section of Division 13, FO Floodplain Overlay District, of the Vinton Zoning
Ordinance. Specifically, the Gish Mill structure meets the definition of subsection (a)
pertaining to being “preliminary determined” for individual listing on the National
Register.
•Both the Town of Vinton and the Development Team understand that meeting this
definition does not automatically exempt this project and its associated activities
from the requirements of the floodplain ordinance. However, specific variances
from the floodplain ordinance are being requested by the Town of Vinton with a
public hearing of the Board of Zoning Appeals scheduled for March 30, 2021.
9 Planning and Zoning Department
Current Conditions of Property
10 Planning and Zoning Department
Current Conditions of Property
Planning and Zoning Department11
Current Conditions of Property
12 Planning and Zoning Department
Current Conditions of Property
13 Planning and Zoning Department
Current Conditions of Property
14 Planning and Zoning Department
Current Conditions of Property
15 Planning and Zoning Department
Current Conditions of Property
16 Planning and Zoning Department
Analysis of Proposed
Redevelopment
The Gish Mill Davii, LLC &
Hill Studio, PC
Presented by:
Overview
•The developer’s intended use for the mill site is to incorporate several value-added
compatible uses, which launch from popular trends that work very well with the open format
historic space.The building will be designed to feature several uses that take advantage of
the creekside location,the unconventional construction methods,and varying dimensions
and angles featured by the mill space.The specific uses include a small restaurant, a seasonal
market,a speakeasy in the basement, and the conversion of the original mill structure,
concrete silos,and upper floors of the original mill structure into lodging or apartments (3-10
units).
•The anticipated tenant to operate the restaurant and lodge has already been secured for the
project.The development also includes substantial outdoor spaces including dining, deck,
and patio space.The historic “sluice” will be utilized as an intimate seating area with stairs
that cascade down to the creek.
18
Square Footage of Uses
•Based on the preliminary floor plans, the development will include:
•(1) Restaurant (back of house, kitchen,and dining space): 5,030 square feet (First floor)
•(2)Market:1,250 square feet (First floor)
•(3)Speakeasy:1,296 square feet (Basement)
•(4)Original Mill and silos converted into lodging/apartments: 5,800 square feet (Second
and Third floor)
•(5) Outdoor dining, deck and patio space: 3,564 square feet (incl.deck and addition to
existing slab)
19
Comprehensive Plan/Future Land Use
•The 2004 –2024 Town Comprehensive Plan designates this property and
the surrounding properties to the southeast as a general commercial land
use area. The properties to the west of this property (across Gus Nicks
Boulevard)are designated as parks and recreation,community facilities,
and high density residential uses.The properties to the west were rezoned
to Mixed Use Development (MUD)in 2016 to allow for the existing vacant
school buildings to be adaptively reused as residential and
recreational/small business flex space.
34 Planning and Zoning Department
Staff Conclusion
•Approval of the proposed rezoning from M-1 Limited Industrial to Mixed Use
Development (MUD) District would allow the existing Gish Mill property to be
redeveloped into a mixed-use property that will accommodate restaurant, retail,
residential, and lodging uses. The proposed redevelopment of the historic Gish Mill
property would be consistent with the existing uses of the adjoining properties to
the west and southeast which contain both residential and commercial uses.
•The redevelopment of the property will promote and encourage the economic
vitality of the community and preserve a historic building while providing increased
economic investment. Additionally, the proposed uses will not adversely affect
adjoining properties and will enhance the neighborhood by taking an important
historical structure and repurposing it for a suitable alternative use that maintains
the historic architecture and setting of the buildings. Adequate utilities and public
facilities are already in place to serve the proposed end uses.
35 Planning and Zoning Department
Staff Conclusion (cont.)
•Overall, the rezoning of the parcels included in the Gish Mill site will be the third MUD
rezoning process in the Town of Vinton. The other two projects that involved the
rezoning of parcels to MUD in the Town of Vinton included the Roland E. Cook Lofts and
the Billy Byrd Apartment projects, which were formerly owned by Roanoke County Board
of Supervisors. The Roland E. Cook Lofts and Billy Byrd Apartments projects have proven
to be a benchmark of success in the revitalization of historic buildings through the
utilization of historic tax credit programs and local governmental (County of Roanoke
and Town of Vinton) coordination.
36 Planning and Zoning Department
Questions?
Planning and Zoning Department
Owners Notified for Public Hearing
Tax Parcel ID Address Owner Name Owner Mailing Address City/State Zip
060.15-01-27 210 Highland Rd BRALLEY VICTOR L 210 HIGHLAND RD VINTON VA 24179
060.15-01-32 209 Highland Rd BRYANT WALLACE B; BRYANT AVON DA A 209 HIGHLAND RD VINTON VA 24179
N/A Various CITY OF ROANOKE PLANNING DEPARTMENT 215 CHURCH AVE SW RM. 166 ROANOKE VA 24011
060.15-01-28 204 Highland Rd HALE ALAN D ; HALE KATYE R 204 HIGHLAND ROAD VINTON VA 24179
060.11-04-20 100 Highland Rd HALL RESIDENTIAL-BILLY BYRD PROPERTY MGT. 3797 PETERS CREEK RD EXT ROANOKE VA 24018
060.15-01-33 181 Highland Rd HATCHER JACKIE BOYD 181 HIGHLAND RD VINTON VA 24179
060.11-04-32 161 Highland Rd JAMES LINDA M 161 HIGHLAND RD VINTON VA 24179
060.15-01-24+ 24.01 329+0 Highland Rd JONES JERRY; JONES LILLIAN L 675 CHURCH RD BUCHANAN VA 24066
236+0 W Madison
060.11-04-24.01 +24.03 Ave LESLIE CHARLES E * 2146 FEATHER ROAD VINTON VA 24179
202+210+214+220
060.11-04-12+13+14+15+16 +224 Marlou St MOUNTAIN CREST LAND COMPANY 23 FRANKLIN RD ROANOKE VA 24011
060.15-01-31 215 Highland Rd PATRICK KYNDAL 215 HIGHLAND RD VINTON VA 24179
107+111 Highland
060.11-04-28 Rd PAXTON MITZI KIM * 111 HIGHLAND RD VINTON VA 24179
060.15-01-35 177 Highland Rd REPPMANN RAELENE R 177 HIGHLAND RD VINTON VA 24179
060.11-04-17 301 Gus Nicks Blvd ROANOKE CO BOARD OF SUPERVISORS * P O BOX 29800 ROANOKE VA 24018
060.11-04-17 301 Gus Nicks Rd ROANOKE COUNTY COMMUNITY DEVELOPMENT P O BOX 29800 ROANOKE VA 24018
060.11-04-17 301 Gus Nicks Rd ROANOKE COUNTY PARKS RECREATION TOURISM 1206 KESSLER MILL RD SALEM VA 24153
060.15-01-25 222 Highland Rd ROBINSON DENISE LYNNE 222 HIGHLAND RD VINTON VA 24179
060.15-01-26 216 Highland Rd SCHNEIDER PROPERTIES LLC 2482 WOLF RUN VINTON VA 24179
060.15-01-30 221 Highland Rd SCHNEIDER WENDY JEWEL 221 HIGHLAND RD VINTON VA 24179
060.15-01-29 227 Highland Rd STANLEY BARRY J 227 HIGHLAND RD VINTON VA 24179
101+117+127
060.11-04-27+29+30 Highland Rd STCLAIR THOMAS S; STCLAIR TERRI E * 3972 BLANDFIELD DR VINTON VA 24179
0+0+0 Gus Nicks
060.11-04-21+24+25 Blvd TOWN OF VINTON 311 SOUTH POLLARD ST VINTON VA 24179
060.11-04-20 100 Highland Rd WM BYRD LLC * 230 E BANK ST PETERSBURG VA 23803
060.11-04-31 151 Highland Rd YOUNG JEFFREY S; YOUNG JOYCE B 151 HIGHLAND RD VINTON VA 24179
Meeting Date
March 16, 2021
Department
Finance/Treasurer
Issue
Briefing on proposed revisions to the Town’s General Fund Reserve Policy
Summary
As a part of the budget process, Town Staff has reviewed the General Fund Reserve Policy
(Unrestricted Fund Balance) and has proposed updates to bring the policy in line to the current
financial climate. The main changes of the policy include the creation of a policy floor of two (2)
months General Fund budgeted revenues, and a policy target of four (4) months General Fund
budgeted revenues. The dollar limit restriction on use of fund balance has been removed to align
with the current cash flow practices and a pooled cash method. Unrestricted Fund Balance in
excess of the policy target can be used to fund one-time projects or capital needs that were unable
to be funded in the previous or current budget. The policy recommends an annual or bi-annual
review in conjunction with the budget process.
Attachments
General Fund Reserve Policy (with track changes)
General Fund Reserve Policy (clean copy)
Recommendations
No action required
Town Council
Agenda Summary
1
Town of Vinton, Virginia
General Fund Unassigned Fund BalanceReserve Policy
Purpose:
The Town of Vinton establishes its General Fund Reserve Unassigned Fund Balance
policy as additional insurance against disasters, emergencies and unforeseen
expenditures.to maintain adequate levels of fund balance to mitigate current and future
risks and to ensure stable tax rates.
Reserve Level:
The Town Council hereby establishes the following minimum General Fund reserve
target:
1. The Town shall strive to maintain a General Fund reserve equal to 2 months of
discretionary General Fund revenues. Unassigned Fund Balance not to fall below
two months of budgeted General Fund Revenues, the policy floor, and the Town
will target to maintain an Unassigned Fund Balance equal to four months of
budgeted General Fund Revenues, the policy target. These funds are set-aside to
address potential needs in the following areasidentified risks:
a. A Reserve for Economic Uncertainty – funds designated to mitigate periodic
revenue shortfalls due to downturn in economic cycles, thereby avoiding the
need for service-level reductions within the fiscal year or budget year. A
high percentage of Town Revenues are based on consumer driven
spending versus assessed property taxes. Adequate Unassigned Fund
Balance will allow the Town to be prepared for rises and falls in the local
economy, and will help mitigate the need for tax increases to offset losses.
b. An Emergency Reserve – Unplanned natural disasters and unforeseeable
emergencies can create a difficult situation without appropriate Unassigned
Fund Balance or cash reserves to pay unplanned costs. The Town strives
to maintain an adequate level of Unassigned Fund Balance to allow quick
recovery from an extreme event.funds designated to mitigate costs of
unforeseeable emergencies and natural disasters.
c. Working Capital – to provide the Town sufficient cash flow without having
to borrow to meet operating expenses.The Town Revenue sources are
lower during the first six months or the year although budgeted expenditures
are planned on a more consistent basis. Maintaining an adequate level of
Unassigned Fund provides the Town with appropriate reserves for cash flow
to keep consistent spending and decrease the occurrence of spending
freezes.
2
2. The appropriate level of General Fund reserves shall be reviewed every
year.annually each year during the budget preparation.
For the purpose of this section, discretionary General Fund revenues include all taxes,
permits and fees, fines and forfeitures, use of money and property, charges for services,
miscellaneous services, recovered cost, non-categorical aid, and categorical aid that are
not restricted as to their use.
Use of Reserve Funds:
Reserve for Economic Uncertainty – Funds reserved under this category shall be used to
mitigate annual revenue shortfalls (actual revenues less than projected revenues) due to
slowdown in general local economic conditions as well as reductions in revenues caused
by actions by State/Federal governments. Should any unanticipated reductions in
revenues be deemed to be recurring, adjustments will be made in the following budget
so as to reflect revised revenue projections.
Any reserve funds expended within this category that result in year-end reserves below
the established policy floor level shall be restored in the subsequent budget year.
However, if the reserve level falls to below ten percent (10%) of budgeted General Fund
Revenues, the Town Council may restore funds over a multi-year period.
Emergency Reserve - Funds reserved under this category shall be used to mitigate costs
associated with unforeseen emergencies, including natural disasters. Should unforeseen
and unavoidable events occur that require expenditure of Town resources beyond those
provided for in the annual budget, the Town Manager shall have the authority to approve
appropriation of Emergency Reserve Funds. The Town Manager shall then present to
the Town Council – no later than its first regularly scheduled meeting – a resolution
confirming the nature of the emergency and formally authorizing the appropriation of
reserve funds.
Working Capital – The Town Treasurer can transfer to the Town’s Operating Account up
to a total of $1,000,000 during any fiscal year in order to meet operating expenditures and
maintain cash flow during periods such as the first six months of the fiscal year. The
Finance Committee will be apprised during the year of the status of the transfers from the
Reserve Fund. This money must be replaced in the Reserve Fund by the second Council
meeting in June of the Fiscal Year in which it was transferred. In the event that the
transferred money cannot be restored in the Reserve Fund a report to Council will need
to be given so a formal action plan can be enacted. The Town uses a pooled cash method
of accounting, which accounts for funds separately on the General Ledger, but allows
cash balances to be combined in banking institutions for ease of use and/or higher interest
earnings. The Town Treasurer may use the Unassigned Fund Balance during the year to
3
provide adequate cash flow for expenditure needs during low periods of revenue
collection or to account for reimbursable expenditures. If the Unassigned Fund Balance
is not adequate to meet anticipated cash flow needs, the Treasurer will work with the
impacted Departments to create a plan of action to avoid overspending of available cash
reserves.
Excess Fund Balance:
Aftert the end of each fiscal year, the Treasurer’s Office/Finance Department will report
on the audited year-end budgetary fiscal results. Should actual General Fund revenues
exceed expenditures, a year-end operating surplus shall be reported. Any year-end
operating surplus which results in the General Fund balance exceeding the level policy
target level required by the reserve policy shall be deemed available for allocation for the
following, subject to Council approval:
1. Transfer to the Capital Reserve Fund for appropriation within the Capital
Improvement Program Budget and/or Deferred Maintenance Program for non-
recurring needs or establishing a balance for future Capital Projects.
2. Re-evaluate items from the subsequent year’s operating budget that were not
funded because of concern of budget shortfalls and provide for one-time, non-
recurring needs.
It is the intent of the Town Council to limit use of fund balances in the General Fund to
address unanticipated one-time needs. Fund Balances shall not be applied to recurring
annual operating expenditures.
Other Funds:
In conjunction with approving the General Fund Reserve Policy, the Town Council
expresses its intent to evaluate the Utility (Enterprise) Fund as to the appropriateness of
developing a formal fund-specific reserve policy.[AC1]
Adopted by Vinton Town Council on ________________November 7, 2017 by Resolution
No. ____________2223
1
Town of Vinton, Virginia
General Fund Unassigned Fund Balance Policy
Purpose:
The Town of Vinton establishes its General Fund Unassigned Fund Balance policy to
maintain adequate levels of fund balance to mitigate current and future risks and to ensure
stable tax rates.
Reserve Level:
The Town Council hereby establishes the following minimum General Fund reserve
target:
1. The Town shall strive to maintain a General Fund Unassigned Fund Balance not
to fall below two months of budgeted General Fund Revenues, the policy floor, and
the Town will target to maintain an Unassigned Fund Balance equal to four months
of budgeted General Fund Revenues, the policy target. These funds are set-aside
to address potential identified risks:
a. Economic Uncertainty – A high percentage of Town Revenues are based
on consumer driven spending versus assessed property taxes. Adequate
Unassigned Fund Balance will allow the Town to be prepared for rises and
falls in the local economy, and will help mitigate the need for tax increases
to offset losses.
b. Emergency Reserve – Unplanned natural disasters and unforeseeable
emergencies can create a difficult situation without appropriate Unassigned
Fund Balance or cash reserves to pay unplanned costs. The Town strives
to maintain an adequate level of Unassigned Fund Balance to allow quick
recovery from an extreme event.
c. Working Capital – The Town Revenue sources are lower during the first six
months or the year although budgeted expenditures are planned on a more
consistent basis. Maintaining an adequate level of Unassigned Fund
provides the Town with appropriate reserves for cash flow to keep
consistent spending and decrease the occurrence of spending freezes.
2. The appropriate level of General Fund reserves shall be reviewed annually each
year during the budget preparation.
2
Use of Reserve Funds:
Economic Uncertainty – Funds reserved under this category shall be used to mitigate
annual revenue shortfalls (actual revenues less than projected revenues) due to
slowdown in local economic conditions as well as reductions in revenues caused by
actions by State/Federal governments. Should any unanticipated reductions in revenues
be deemed to be recurring, adjustments will be made in the following budget so as to
reflect revised revenue projections.
Any reserve funds expended within this category that result in year-end reserves below
the established policy floor level shall be restored in the subsequent budget year.
However, if the reserve level falls to below ten percent (10%) of budgeted General Fund
Revenues, the Town Council may restore funds over a multi-year period.
Emergency Reserve - Funds reserved under this category shall be used to mitigate costs
associated with unforeseen emergencies, including natural disasters. Should unforeseen
and unavoidable events occur that require expenditure of Town resources beyond those
provided for in the annual budget, the Town Manager shall have the authority to approve
appropriation of Emergency Reserve Funds. The Town Manager shall then present to
the Town Council – no later than its first regularly scheduled meeting – a resolution
confirming the nature of the emergency and formally authorizing the appropriation of
reserve funds.
Working Capital – The Town uses a pooled cash method of accounting, which accounts
for funds separately on the General Ledger, but allows cash balances to be combined in
banking institutions for ease of use and/or higher interest earnings. The Town Treasurer
may use the Unassigned Fund Balance during the year to provide adequate cash flow for
expenditure needs during low periods of revenue collection or to account for reimbursable
expenditures. If the Unassigned Fund Balance is not adequate to meet anticipated cash
flow needs, the Treasurer will work with the impacted Departments to create a plan of
action to avoid overspending of available cash reserves.
Excess Fund Balance:
After the end of each fiscal year, the Treasurer’s Office/Finance Department will report
on the audited year-end budgetary fiscal results. Should actual General Fund revenues
exceed expenditures, a year-end operating surplus shall be reported. Any year-end
operating surplus which results in the General Fund balance exceeding the policy target
level shall be deemed available for allocation for the following, subject to Council
approval:
1. Transfer to the Capital Fund for appropriation within the Capital Improvement
Program Budget and/or Deferred Maintenance Program for non-recurring needs
or establishing a balance for future Capital Projects.
3
2. Re-evaluate items from the subsequent year’s operating budget that were not
funded because of concern of budget shortfalls and provide for one-time, non-
recurring needs.
It is the intent of the Town Council to limit use of fund balances in the General Fund to
address unanticipated one-time needs. Fund Balances shall not be applied to recurring
annual operating expenditures.
Adopted by Vinton Town Council on ________________ by Resolution No.
____________
Meeting Date
March 16, 2021
Department
Finance/Treasurer
Issue
Consider adoption of a Resolution authorizing the Town Manager to execute Amendment No. 3
to Agreement for Application Hosting and Technology Support Services between Avenu
Enterprise Solutions, LLC and the Town for the Town’s current financial software
Summary
The Town of Vinton entered into an agreement with ACS Enterprise Solutions, Inc. on November
1, 2011. Based on the agreement, ACS is to provide remote hosting and service of software that
was previously hosted locally at the Town. The ownership of ACS Enterprise Solutions, Inc. has
changed multiple times since the original agreement and price increases from the original
agreement have been included in the budget process. In 2018, Avenu Holdings, LLC became the
current owner of the hosting agreement and Amendment No. 3 to the Agreement makes necessary
updates to the Agreement and renews the current pricing terms with the Town.
The Town is in process of upgrading its ERP Software to Tyler Munis, but does not anticipate a
full conversion until January 2022. The Town will need to continue to maintain its existing
software agreement until a transition is completed and data is extracted from the original system
for archive purposes. Finance staff recommended an internal budget transfer to cover the
unplanned increase for FY21, and will request additional funding for the increase during the FY22
budget process.
Council was briefed on this matter at their March 2, 2021 meeting.
Attachments
Amendment No. 3
Resolution
Recommendations
Motion to adopt Resolution
Town Council
Agenda Summary
APPROVED AS TO FORM:
___________________________
Town Attorney
Richard W. Peters, Jr.
Town Manager
March 17, 2021
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
MARCH 16, 2021, AT 7:00 P.M., 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
WHEREAS, the Town of Vinton entered into an agreement with ACS Enterprise Solutions, Inc. on
November 1, 2011 for ACS is to provide remote hosting and service of software that was
previously hosted locally at the Town; and
WHEREAS, the ownership of ACS Enterprise Solutions, Inc. has changed multiple times since the
original agreement and in 2018, Avenu Holdings, LLC became the current owner of the
hosting agreement; and
WHEREAS, the Town is in process of upgrading its ERP Software to Tyler Munis, but does not
anticipate a full conversion until January 2022 and will need to continue to maintain its
existing software agreement until a transition is completed and data is extracted from the
original system for archive purposes; and
WHEREAS, Amendment No. 3 to the Agreement makes necessary updates to the Agreement and
renews the current pricing terms with the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF VINTON,
VIRGINIA, AS FOLLOWS:
1. The Amendment No. 3 to Agreement for Application Hosting and Technology Support
Services is hereby approved in a form substantially similar to the one presented to Council
and approved by the Town Attorney.
2. The Town Manager is hereby authorized, for and on behalf of the Town, to execute and
then deliver the Amendment No. 3 and any other necessary documents in furtherance of
the same.
This Resolution adopted on motion made by Council Member _______________, seconded by Council
Member __________________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
_______________________________
Bradley E. Grose, Mayor
ATTEST:
______________________________________
Susan N. Johnson, CMC, Town Clerk
Meeting Date
March 16, 2021
Department
Finance/Treasurer
Issue
Consider adoption of a Resolution appropriating $35,000 from Fund Balance to the Utility Fund
Special Projects Expense Account for unresolved change orders on the Glade Creek Sanitary
Sewer Line Relocation Project
Summary
The funding for the Glade Creek Sanitary Sewer Line Relocation Project in the amount of
$14,450.00 and a contract for the Glade Creek Streambank Restoration Project in the amount of
$59,980.00, with a total project cost not to exceed $89,430.00 was approved by Council on April
21, 2020. Council also authorized the Town Manager to approve change orders on this project not
to exceed a total amount of $10,000.00.
Due to delays in permitting and re-certification for Responsible Land Disturber (RLD), only
$3,285.00 of said funds were used by the end of FY2019-2020 and Council approved to re-
appropriate the remaining funds of $86,145.00.
Because of unforeseen circumstances, the Town of Vinton had to change vendors, which resulted
in additional unplanned charges. During the relocation project, the contractor encountered rock
charges not accounted for during the original contract price and has invoiced the Town of Vinton
for these charges.
Council was briefed on this matter at their March 2, 2021 meeting.
Attachments
Resolution
Recommendations
Motion to adopt Resolution
Town Council
Agenda Summary
1
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
MARCH 16, 2021 AT 7:00 P.M., 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
WHEREAS, the funding for the Glade Creek Sanitary Sewer Line Relocation Project in the
amount of $14,450.00 and a contract for the Glade Creek Streambank Restoration
Project in the amount of $59,980.00, with a total project cost not to exceed
$89,430.00 was approved by Council on April 21, 2020; and
WHEREAS, Council authorized the Town Manager to approve change orders on this project
not to exceed a total amount of $10,000.00; and
WHEREAS, due to delays in permitting and re-certification for Responsible Land Disturber
(RLD), only $3,285.00 of said funds were used by the end of FY2019-2020 and
Council approved to re-appropriate the remaining funds of $86,145.00; and
WHEREAS, due to unforeseen circumstances, the Town of Vinton had to change vendors to
complete the project, which resulted in additional unplanned charges; and
WHEREAS, during the relocation project, the contractor encountered rock charges not
accounted for during the original contract price and has invoiced the Town of
Vinton for these charges; and
WHEREAS, Town Council has been notified of the change order and has been asked to
approve additional funding in the amount of $35,000.00.
NOW THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby approve
the change order for Varney’s contract dated September 15, 2020, and does hereby approve the
following transaction:
BUDGET ENTRY
GENERAL LEDGER
300.25100 Appropriations $35,000.00
300.25000 Estimated Revenue $35,000.00
FROM
REVENUE
300.1899.009 Re-appropriated Fund Balance $35,000.00
TO
EXPENDITURE
300.9500.722 Special Projects $35,000.00
2
This Resolution adopted on motion made by Council Member ______________, seconded by
Council Member ________________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
____________________________________
Bradley E. Grose, Mayor
ATTEST:
________________________________
Susan N. Johnson, CMC, Town Clerk
Meeting Date
March 16, 2021
Department
Finance/Treasurer
Issue
Consider adoption of a Resolution appropriating $1,041,971 from Unrestricted Fund Balance and
$150,000 from increased estimated Revenue to the Town’s Capital Fund for Capital Improvement
Plan (CIP) and One-Time Projects.
Summary
At the Council Retreat on March 5, 2021, the Town Staff briefed the Town Council on available
current year revenue and unrestricted fund balance available to complete needed one time projects
and capital improvement items. The Town’s General Reserve Policy allows for use of excess
unrestricted fund balance for one time projects and capital with approval and appropriation by the
Town Council.
Current year projects would include several Municipal Building improvements such as window
replacement, HVAC replacement, parking lot repaving, lighting upgrade, furniture and equipment
upgrade. Other current year projects include Clearview traffic signal upgrades, Hardy Road
repaving, Gish Mill delivery, and Glade Creek Streambank Stabilization. An additional $285,000
in funding would be proposed to add additional projects to the FY2022 Capital Improvement
Program (CIP). Any additional or available funding after project completions would remain in the
Capital Fund and accounted for as a designated fund balance.
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,
MARCH 16, 2021 AT 7:00 P.M., 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
WHEREAS, as of the June 30, 2020 Audited Financial Statements, the Town had an
Unrestricted Fund Balance of $3,668,974; and
WHEREAS, the Town’s General Fund Reserve Policy allows for use of excess Unrestricted
Fund Balance above the required level to be appropriated by Town Council to
fund additional capital improvement plan items or one-time projects; and
WHEREAS, Town Staff briefed the Town Council on an updated capital improvement plan
and one-time project needs at the Town Council Retreat on March 5, 2021; and
WHEREAS, an appropriation of $906,971 is proposed to be transferred from the General Fund
to the Capital Fund to complete the capital items such as upgrades to the
Municipal Building to include window replacement, HVAC replacement, parking
lot repaving, lighting upgrade, furniture and equipment upgrade, and additional
upgrades to include Clearview traffic signal upgrades, Hardy Road repaving,
Gish Mill delivery, Storm Water Engineering Analysis and Glade Creek
Streambank Stabilization; and
WHEREAS, an additional $285,000 of funding is proposed to be transferred from the General
Fund to the Capital Fund for additional capital projects included in the Capital
Improvement Program (CIP) to be completed in FY2022; and
WHEREAS, funding for projects not completed at the fiscal year end of 2021 will be rolled
forward in the Fund Balance designated in the Capital Fund for project
completion in the following fiscal year(s).
NOW THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby approve
the following transaction:
BUDGET ENTRY
GENERAL LEDGER
200.25100 Appropriations $1,191,971
200.25000 Estimated Revenue $1,191,971
400.25100 Appropriations $1,031,971
400.25000 Estimated Revenue $1,031,971
600.25100 Appropriations $160,000
600.25000 Estimated Revenue $160,000
TOTAL $2,383,942 $2,383,942
2
REVENUE
200.1899.009 Re-Appropriated Fund Balance $1,041,971
200.2402.001 State Sales Tax $150,000
400.4105.001 Transfer from General Fund $1,031,971
600.4105.001 Transfer from General Fund $160,000
TOTAL $2,383,942
EXPENDITURE
200.9950.905 Transfer to Capital Fund $1,031,971
200.9950.900 Transfer to Storm Water Fund $160,000
400.4304.720 Muni. Bldg. Window Replacement $35,000
400.4304.725 Muni. Bldg. HVAC Replacement $13,000
400.4304.781 Muni. Bldg. Parking Lot Repaving $110,000
400.4304.722 Lighting Upgrade $20,000
400.4304.702 Muni. Bldg. Furniture & Equipment $30,000
400.4108.799 Clearview Traffic Signal Updates $65,000
400.4101.781 Hardy Road Paving $423,971
400.8150.724 Gish Mill Delivery $50,000
400.9950.910 Non-Department Transfers $285,000
600.6205.799 Glade Creek Streambank Stabilization $160,000
TOTAL $2,383,942
This Resolution adopted on motion made by Council Member ______________, seconded by
Council Member ________________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
____________________________________
Bradley E. Grose, Mayor
ATTEST:
________________________________
Susan N. Johnson, CMC, Town Clerk
Meeting Date
March 16, 2021
Department
Administration
Issue
Consider adoption of a Resolution approving Town of Vinton support of financing by the Roanoke
Valley Resource Authority
Summary
The Roanoke Valley Resource Authority (RVRA) was established upon agreement of the
governing bodies of the County of Roanoke, City of Roanoke, Town of Vinton and City of Salem.
The Board of Directors of RVRA has determined that it is necessary to issue Solid Waste Revenue
Bonds in the amount of $10 million, plus an amount necessary to pay the cost of issuance, and to
use the proceeds to finance the costs related to the RVRA Facilities Modifications &
Improvements Project Phase III.
RVRA has applied to the Virginia Resources Authority (VRA) for the purchase of the bonds, and
VRA has indicated its willingness to purchase such bonds from the proceeds of one or more series
of its Infrastructure and State Moral Obligation Revenue Bonds (Virginia Pooled Financing
Program). Subject to final credit approval by VRA, the bonds will be secured by a pledge of the
net revenue derived from RVRA operations and if requested by VRA, by Support Agreements
among VRA, RVRA, and one or more of the RVRA participating jurisdictions.
The Town Attorney has reviewed these documents and the Finance Committee was briefed at the
March 11, 2021 meeting.
Attachments
Support Agreement
Resolution
Recommendations
Motion to adopt Resolution
Town Council
Agenda Summary
{00403597.DOCX } 1
SUPPORT AGREEMENT
ROANOKE VALLEY RESOURCE AUTHORITY
This SUPPORT AGREEMENT is made as of _________________, 2021, between the
COUNCIL OF THE TOWN OF VINTON, VIRGINIA (the "Council" or the “Town”), the
ROANOKE VALLEY RESOURCE AUTHORITY (the "Authority"), and the VIRGINIA
RESOURCES AUTHORITY ("VRA"), as purchaser of the Local Bond, as hereinafter defined,
pursuant to a Financing Agreement, as hereinafter defined.
RECITALS
WHEREAS, the Authority was created by the County, the City of Roanoke, Virginia, the
Town of Vinton, Virginia, and the City of Salem, Virginia, pursuant to the Virginia Water and
Waste Authorities Act (Chapter 51, Title 15.2, Code of Virginia of 1950, as amended) and owns
and operates a solid waste disposal system (as more particularly defined in the Financing
Agreement, the "System"); and
WHEREAS, pursuant to Section 5.7 of the Amended and Restated Roanoke Valley
Resource Authority Members and Facilities Use Agreement (attached hereto as Exhibit A),
Roanoke County, Roanoke City, the Town of Vinton, and the City of Salem, agreed to pay pro-
rata shares of the Authority’s annual operating deficit, according to percentages set forth in Section
5.7(a); and
WHEREAS, the Authority has determined that it is in its best interest to issue and sell its
[___________] Bond, Series 2021, in the original principal amount of $10,000,000 (the "Local
Bond") to VRA pursuant to the terms of a Local Bond Sale and Financing Agreement dated as of
April 2, 2021 (the "Financing Agreement"), between the Authority and VRA to finance/refinance
the Authority’s Facilities Improvements Project: Phase III for the conversion of the Authority’s
regional solid waste transportation system (collectively, the "Project"); and
WHEREAS, the Town adopted on March 16, 2021, a Resolution authorizing, among other
things, the execution of this support agreement providing for a non-binding obligation of the Town
to consider certain appropriations in support of the Local Bond and the Project; and
WHEREAS, the City of Roanoke, Roanoke County, and the City of Salem have likewise
adopted resolutions authorizing the execution of such support agreements, and will accordingly
enter into support agreements in a form substantially similar to this agreement.
AGREEMENT
NOW, THEREFORE, for and in consideration of the issuance of the Local Bond by the
Authority, the purchase of the Local Bond by VRA and of the mutual covenants herein set forth,
the parties hereto agree as follows:
1. Unless otherwise defined, each capitalized term used in this Agreement (this
"Agreement") shall have the meaning given it in the Financing Agreement.
{00403597.DOCX } 2
2. The Authority shall use its best efforts to issue the Local Bond and to use the
proceeds thereof to finance the costs of the Project.
3. No later than May 15 of each year, beginning May 15, 2022, the Authority shall
notify the Town of the amount, if any (the "Annual Deficiency Amount") by which the Authority
reasonably expects the Revenues to be insufficient to pay (i) the debt service obligations under the
Financing Agreement and the Local Bond, (ii) the Operation and Maintenance Expenses, and (iii)
any other payments due and owing by the Authority under the Financing Agreement (the
"Additional Payments") in full as and when due during the Town's fiscal year beginning the
following July 1. The Authority shall likewise provide such notification to the City of Roanoke,
Roanoke County, and the City of Salem. The Annual Deficiency will be apportioned to Roanoke
County, the City of Roanoke, the Town of Vinton, and the City of Salem, pursuant to the localities’
pro rata share percentages, as set forth in Section 5.7(a) of the Amended and Restated Roanoke
Valley Resource Authority Members and Facilities Use Agreement.
4. The Town Manager shall include the Town’s pro rata share of the Annual
Deficiency Amount in his budget submitted to the Council for the following fiscal year as an
amount to be appropriated to or on behalf of the Authority. The Town Manager shall deliver to
VRA within 10 days after the adoption of the Town’s budget for each fiscal year, but not later than
July 15 of each year, a certificate stating whether the Council has appropriated to or on behalf of
the Authority an amount equal to the Town’s pro rata share of the Annual Deficiency Amount.
5. If at any time Revenues shall be insufficient to make any of the payments referred
to in paragraph 3 hereof, the Authority shall notify the Town Manager and VRA of the amount of
such insufficiency and the Town Manager shall request a supplemental appropriation from the
Council in the amount necessary to make such payment.
6. The Town Manager shall present each request for appropriation pursuant to
paragraph 5 above to the Council and the Council shall consider such request at the Council’s next
regularly scheduled meeting at which it is possible to satisfy any applicable notification
requirement. Promptly after such meeting, the Town Manager shall notify VRA as to whether the
amount so requested was appropriated. If the Council shall fail to make any such appropriation,
the Town Manager shall add the amount of such requested appropriation to the Annual Deficiency
Amount reported to the Council by the Town Manager for the Town’s next fiscal year.
7. The Town hereby undertakes a non-binding obligation to appropriate such amounts
as may be requested from time to time pursuant to paragraphs 4 and 5 above, to the fullest degree
and in such manner as is consistent with the Constitution and laws of the Commonwealth of
Virginia. The Town, while recognizing that it is not empowered to make any binding commitment
to make such appropriations in future fiscal years, hereby states its intent to make such
appropriations in future fiscal years, and hereby recommends that future Council do likewise.
8. The Town and the Authority acknowledge that (i) the Local Bond may be payable
from and will be secured by amounts derived pursuant to this Agreement, (ii) VRA would not
purchase the Local Bond without the security and credit enhancement provided by this Agreement,
and (iii) VRA is treating this Agreement as a "local obligation" within the meaning of Section
62.1-199 of the Code of Virginia of 1950, as amended (the "Virginia Code"), which in the event
{00403597.DOCX } 3
of a nonpayment hereunder authorizes VRA or the Trustee to file an affidavit with the Governor
that such nonpayment has occurred pursuant to Section 62.1-216.1 of the Virginia Code. In
purchasing the Local Bond, VRA is further relying on Section 62.1-216.1 of the Virginia Code,
which provides that if the Governor is satisfied that the nonpayment has occurred, the Governor
will immediately make an order directing the Comptroller to withhold all further payment to the
Town of all funds, or of any part of them, appropriated and payable by the Commonwealth of
Virginia to the Town for any and all purposes, and the Governor will, while the nonpayment
continues, direct in writing the payment of all sums withheld by the Comptroller, or as much of
them as is necessary, to VRA, so as to cure, or cure insofar as possible, such nonpayment.
9. Nothing herein contained is or shall be deemed to be a lending of the credit of the
Town to the Authority, VRA or to any holder of the Local Bond or to any other person, and nothing
herein contained is or shall be deemed to be a pledge of the faith and credit or the taxing power of
the Town, nor shall anything herein contained legally bind or obligate the Town to appropriate
funds for the purposes described herein.
10. Any notices or requests required to be given hereunder shall be deemed given if
sent by registered or certified mail, postage prepaid, addressed (i) if to the Town, to the Vinton
Town Council, Attention: Town Manager, Richard W. Peters, Jr., 311 South Pollard Street, Vinton,
VA 24179, (ii) if to the Authority, to the Roanoke Valley Resource Authority Board of Directors,
Attention: Chief Executive Officer, Daniel D. Miles, 1020 Hollins Rd., NE, Roanoke, VA 24012,
and (iii) if to VRA, to 1111 East Main Street, Suite 1920, Richmond, Virginia 23219, Attention:
Executive Director. Any party may designate any other address for notices or requests by giving
notice.
11. It is the intent of the parties hereto that this Agreement shall be governed by the
laws of the Commonwealth of Virginia.
12. This Agreement shall remain in full force and effect until the Local Bond and all
other amounts payable by the Authority under the Financing Agreement have been paid in full.
13. This Agreement may be executed in any number of counterparts, each of which
shall be an original and all of which together shall constitute but one and the same instrument.
[Signature Page Follows]
{00403597.DOCX } [Signature Page to Support Agreement]
IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be
executed in their respective names as of the date first above written.
TOWN OF VINTON, VIRGINIA
By: _____________________________________
Richard W. Peters, Jr., Town Manager
Approved as to form:
___________________________
Town Attorney
{00403597.DOCX } [Signature Page to Support Agreement – Authority]
ROANOKE VALLEY RESOURCE
AUTHORITY
By: _____________________________________
Title: ____________________________________
{00403597.DOCX } [Signature Page to Support Agreement – VRA]
VIRGINIA RESOURCES AUTHORITY
By: _____________________________________
Stephanie L. Hamlett, Executive Director
060816
AMENDED AND RESTATED
ROANOKE VALLEY RESOURCE AUTHORITY
MEMBERS AND FACILITIES USE AGREEMENT
THIS AMENDED AND RESTATED MEMBERS AND FACILITIES USE
AGREEMENT ( "Agreement ") dated as of the I" day of July 1, 2016, by and between the
Roanoke Valley Resource Authority, ( "Authority "), a public body politic and corporate, and the
County of Roanoke, a political subdivision of the Commonwealth of Virginia, ( "County "), the
City of Roanoke, a municipal corporation of the Commonwealth of Virginia, ( "City "), the Town
of Vinton, a municipal corporation of the Commonwealth of Virginia ( "Town "), and the City of
Salem, a municipal corporation of the Commonwealth of Virginia ( "Salem ").
RECITALS
WHEREAS, the members of the Roanoke Valley Resource Authority, the Board of
Supervisors of Roanoke County, the City Council of the City of Roanoke, the Town Council of
the Town of Vinton, have signified their intention to amend the Articles of Incorporation of the
Roanoke Valley Resource Authority to provide that the City of Salem shall become a member of
the Authority pursuant to the Virginia Water and Waste Authorities Act (Chapter 51, Title 15.2,
Code of Virginia (1950), as amended ( "Act "). A copy of the proposed Amended and Restated
Articles of Incorporation for the Authority is attached hereto and incorporated by reference
herein as Exhibit "A ";
WHEREAS, the Authority, the County, the City, and the Town have previously entered
into this Members Use Agreement originally dated October 23, 1991, as amended by five (5)
amendments dated June 1, 1992 (First Amendment), December 2, 1996 (Second Amendment),
February 1, 1999 (Third Amendment), April 1, 2005 (Fourth Amendment), and March 23, 2009
Fifth Amendment) (collectively referred to as the "Original Agreement "), and now desire to
further amend and restate the Original Agreement with this Agreement to make provisions for
Salem becoming a member of the Authority and to make certain other changes as set forth
herein;
WHEREAS, the parties have developed and plan to further develop, construct, modify,
and \or expand through the Authority, the Landfill, Transfer Stations, and Facilities including
Facilities related to the transportation and disposal of Acceptable Waste, including exercise of
any and all powers granted by the Act;
WHEREAS, the parties intend through the Authority to contract for a supply of
Acceptable Waste to be delivered to the Facilities;
WHEREAS, the City, County, Town, and Salem wish to contract with the Authority to
obtain rights to dispose of Acceptable Waste generated within their respective jurisdictions;
EXHIBIT A
WHEREAS, pursuant to this Agreement, the City, County, Town, and Salem desire to set
forth the terms and conditions of the disposal of Acceptable Waste through use of the Facilities;
and,
WHEREAS, the purpose for which the Authority has been formed is to exercise any and
all powers granted by the Act, including, without limitation, to acquire, finance, construct,
operate, manage, and maintain a garbage and refuse collection and disposal system and related
facilities.
AGREEMENT
NOW, THEREFORE, the parties to this Agreement agree as follows:
INTRODUCTION
a) The above whereas clauses are hereby incorporated into and made a part of this Agreement.
b) This Agreement shall be known as The Amended and Restated Roanoke Valley Resource
Authority Members and Facilities Use Agreement dated as of July 1, 2016.
ARTICLE I
DEFINITIONS
Unless otherwise defined, each capitalized term used in this Agreement shall have the
meaning set forth below.
Acceptable Waste" means non - hazardous "municipal solid waste ", "industrial waste"
and "agricultural waste ", "construction waste ", "debris waste ", "demolition waste ", as defined in
the Virginia Department of Waste Management Solid Waste Management Regulations, as
amended, (the "DWM Regulations "), and such other wastes as Authority shall agree in writing to
accept from time to time, subject to such limitations and exclusions as are imposed by
Applicable Law and excluding all Unacceptable Wastes.
Act" means the Virginia Water and Waste Authorities Act, Chapter 51, Title 15.2,
Sections 15.2 -5100, et seq., Code of Virginia of 1950, as amended.
Annual Budget" means the annual budget of the Authority as described in Section 5.9.
Annual Deficit" means any actual deficit at the end of a Fiscal Year consisting of an
excess of Operating Costs over Operating Revenues for such Fiscal Year incurred by the
Authority acting pursuant to an Annual Budget and any amendments thereto approved in
advance by all Users in accordance with Section 5.9.
Applicable Law" means any law, regulation, requirement (including but not limited to
permit and governmental approval requirements) or order of any local, state or federal agency,
court or other governmental body, applicable from time to time to the acquisition, design,
construction, equipping, testing, start-up, financing, ownership, possessor or operation (including
but not limited to closure and post - closure operations) of the Facilities or the performance of any
obligations under any agreement entered into in connection therewith.
Articles of Incorporation" means the Articles of Incorporation of the Authority as theymaybeamendedandrestatedfromtimetotime.
Authority Default" means any of the events of default described in Section 6.2.
Bonds" means any Revenue Bonds, or other obligation, issued by the Authority to
finance the acquisition, construction, improvement, and equipping of the Facility /Facilities,
including any revenue bonds issued to refund such Bonds.
Bylaws" means the Bylaws of the Authority, as they may be amended from time to
time.
Capital Expenditure" means any single expenditure intended to benefit and be
amortized over 5 or more accounting periods under Generally Accepted Accounting Principles.
Charter Member Users" or "Charter Member User" means Roanoke County, the City
of Roanoke, and the Town of Vinton, as the context may require.
Contract Municipal Customer(s)" means any local government entity, located wholly
or partially within a sixty (60) mile radius of a Facility and under contractual obligation with
the Authority or permitted to bring Acceptable Waste generated within said local government
entity's jurisdiction to a Facility.
Debt Service Payments" means the payments of principal, premium, if any, and interest
required to be made by the Authority with respect to the Bonds.
Designated Hauler" means any person (other than a User) (1) who is authorized to
deliver Acceptable Waste to the Facility on behalf of a User or a Contract Municipal Customer
and originating from User's or Contract Municipal Customer's jurisdiction, for a fee paid by theUser; or, (2) who collects Acceptable Waste pursuant to contract with or franchise from the User
and is designated to the Authority as such by the User in writing.
Event of Default" means the events of default set forth in Section 6.2 and 63.
Facility" and/or "Facilities" as the context may require, means the Landfill located in
Roanoke County; and/or, as the context may require, Transfer Station; and /or, any other
operation/structure owned and operated by, or on the behalf of, the Authority.
Fiscal Year" means the period from July 1 of one year to June 30 of the next year.
Hazardous Waste" means (i) "hazardous waste" as such term is defined in the DWM
Regulations, (ii) "hazardous waste" as such term is defined in the Resource Conservation and
Recovery Act, 42 U.S.C. § §6901 et seq. as amended from time to time; and (iii) solid waste that
because of its quantity, concentration, or physical, chemical or infectious characteristics may
pose or significantly contribute to a substantial present or potential hazard to human health, the
Facility, or the environment when treated, stored, transported, or disposed of or otherwise
managed.
Host Community Fee" means the annual fee paid by the Authority to a Charter
Member User or a User for hosting the Facilities as set forth in Section 7.1.
Indenture" means any Indenture of Trust or other document, entered into by the
Authority pursuant to which Bonds are issued.
Landfill" means the regional landfill to be developed and operated by the Authority on
one or more sites for the disposal and fill of Acceptable Waste in accordance with the special use
permit provided pursuant to County item 62789 -10 and Resolution 62789 -12, each dated June
27, 1989.
Leachate" means wastewater generated at and by Facilities.
Maximum Annual Tonnage" means the maximum annual total tonnage of Acceptable
Waste disposed of at the Landfill agreed by the Authority and Users to be 330,000 tons per year.
New Member(s)" means all local government entities that are members of the
Authority, other than the Charter Member Users, in accordance with Section 4.4.
Operating Costs" means all actual costs of the Authority properly allocable to acquiring,
constructing, equipping, maintaining and operating the Facility and set forth in the Annual
Budget, including, but not limited to:
1) Salaries and fringe benefits of employees;
2) Utilities, fuel, equipment (including but not limited to trucks and heavy
equipment) tools and supplies;
3) Engineering, testing, and consulting costs for design and operation, testing,
monitoring, and closure;
4) All costs for compliance with all permit conditions and compliance with
Applicable Law, including costs for treatment and disposal of Leachate or materials
inappropriately disposed or delivered to the Facility;
5) Debt Service Payments;
6) Legal costs incurred in connection with the zoning, permitting, financing,
operating and defending of The Facility and the Authority;
7) Insurance costs and the costs of bonds, letters of credit, escrows or other
financial assurance or allowance for environmental monitoring and assurance,
closure, post- closure or property value guarantees or for compliance with
Applicable Law;
8) Reasonable host community allowances as identified and set forth in the
special use permit for the Landfill Roanoke County item 62789 -10, and Resolution
62789- 12, each dated June 27, 1989; and as set forth in the Solid Waste Transfer
Facility Design Criteria, dated March 19, 1991, and Solid Waste Transfer Facility
Operating Criteria, dated May 21, 1991, as approved by the City Planning
Commission on June 5, 1991 and /or as provided in this Agreement;
9) Capital Expenditures necessary for compliance with Applicable Law, Capital
Expenditures necessary for normal maintenance and reasonable periodic expansion
of the Facility and Capital Expenditures incurred in connection with
Uncontrollable circumstances;
10) Purchase and maintenance costs of equipment and maintenance of the
Facility;
11) All taxes, including but not limited to those on real property, equipment or
income;
12) All accounting and bookkeeping fees and charges;
13) All costs associated with uncollectible accounts;
14) The Authority's costs for Transportation Services; and
15) All amounts required to be paid by the Authority to replenish deficits in the
Debt Service Reserve Fund or the Rate Stabilization Fund, or any similar funds,
created pursuant to the Indenture.
Operating Revenues" means all income and revenues derived by the Authority from the
ownership or operation of the Facilities, including the receipts of Tipping Fees from the Users,
Private Haulers and Designated Haulers (but excluding any payments of any User's Pro Rata
Share) and income from the investment of money held by or on behalf of the Authority.
Private Hauler" means any person (other than a User or a Designated Hauler) who
disposes of Acceptable Waste originating from User's or Contract Municipal Customer's
jurisdiction at the Facilities, including individuals delivering household waste in privately owned
vehicles.
Pro Rata Share" means that share of the Annual Deficit which is in the same proportion
that the estimated population of the respective User bears to the total estimated population of all
jurisdictions then members of the Authority which are then subject to payment of a Pro Rata
Share, both as most recently projected on an annual basis by the Center For Public Service at the
University of Virginia.
Transportation Services" means Authority- contracted transportation services provided
by the Norfolk Southern Railway, and any other Authority- contracted service provider, for the
transportation of Acceptable Waste and Leachate.
Reciprocating Local Government Entity" means any local government entity entering
into a reciprocal, contractual agreement with the Authority for purposes of managing or
disposing of all or a portion of each entity's Acceptable Waste, respectively.
Recycled Waste" means material diverted from the waste stream for separate
processing in accordance with the applicable requirements of state and federal law and
implementing regulations.
Roanoke Transfer Station" means the Transfer Station located in the City of Roanoke,
sited pursuant to and subject to the terms and conditions of the Solid Waste Transfer Facility
Design Criteria, dated March 19, 1991, and the Solid Waste Transfer Facility Operating Criteria,
dated May 21, 1991, as approved by the City Planning Commission on June 5, 1991.
Tipping Fee" means the per -ton fee, or otherwise proportionate rate as published in the
Authority's posted rate schedule, payable to Authority for the disposal of Acceptable Waste.
Ton" or "ton" means a unit of weight equal to 2000 pounds.
Transfer Station" means any facility, fully permitted by the Commonwealth of Virginia
and owned and operated by, or on the behalf of, the Authority, only for the transfer of
Acceptable Waste by Transportation Services to the Landfill, or other temporary, emergency
designated disposal facilities as provided in Sections 4. L(a) and 4.4.1.
Unacceptable Waste" means waste which the Facility is precluded by Applicable Law
from accepting, including, without limitation, medical wastes, hazardous wastes, waste as
proscribed by applicable federal, state or local law or regulations, or waste otherwise prohibited
by the Authority.
Uncontrollable Circumstance" means any event or condition, whether affecting the
Facility, any User or the Authority, that interferes with the acquisition, design, construction,
equipping, start-up, operation, ownership or possession of the Facility or other performance
required hereunder, if such event or condition is beyond the reasonable control, and not the result
of willful action of the party relying thereon as justification for any nonperformance including
but not limited to an act of God, storm, flood, landslide, earthquake, fire or other casualty, war,
blockade, insurrection, riot, the order or judgment of any local, state, or federal court,
administrative agency or governmental officer or body, a strike, lockout or other similar labor
action .
User" or "Users" means the Charter Member Users, and New Members constituting the
Authority under the terms of this Agreement, if applicable, as the context may require.
User Default" means any of the events of default described in Section 6.3.
ARTICLE II
TERM OF AGREEMENT
Section 2.1. Term. This Agreement shall become effective upon its execution, subject
to the terms and conditions contained herein, and shall be effective and the Authority shall have
existence until January 1, 2066, unless further extended pursuant to the provisions of the Act,
provided that the Authority and this Agreement shall in any event continue until adequate closure
and post - closure obligations and responsibilities with respect to the Facilities have been met.
Users covenant and agree to undertake in good faith and in a timely manner all actions
necessary for the establishment of the Authority and the establishment and operation of the
Facility as set forth herein.
Section 2.2. Applicability; Amendments. The Authority and Users covenant and agree
that except as stated herein the terms, conditions and requirements contained in this Agreement
shall apply equally to each User and further covenant and agree that this Agreement and the
Articles of Incorporation shall not be amended or changed in any way without the consent of
Authority and the consent of the governing body of each User. The parties hereto further
covenant and agree that, except in case of an Uncontrollable Circumstance, the Authority shall
engage in the collection and disposal of garbage and refuse at and through the Facilities , and that
the Authority shall be authorized to engage in or provide for commercial and /or residential
garbage and refuse collection activities or services.
Authority shall also be authorized to engage in recycling activities with regard to
Acceptable Waste for which Authority has accepted title in accordance with Section 4.5 of this
Agreement, provided, however, that Authority shall not require any specific recycling
methodology, goals, limits or standards for a User without such User's consent and provided
further that Authority shall not in any manner subsidize any User's recycling program except for
incentive programs to encourage recycling that benefits all Users proportionately on the basis of
population.
ARTICLE III
FACILITY CONSTRUCTION AND OPERATION
Section 3.1. Facility Construction and Operation
IN
a) Subject to the provisions of this Section, Authority agrees that it will construct
and equip the Facilities. Authority further agrees to use its best efforts to obtain the necessary
permits and approvals required under Applicable Law to construct and equip the Facilities as
described.
b) Authority shall construct and maintain at its expense any facilities, improvements,
and buildings necessary for the operation of the Facilities and shall furnish all labor, tools, and
equipment necessary to operate the Facilities, in accordance with Applicable Law.
Section 3.2. Use of Facilities. The Authority and the Users covenant and agree that,
except as provided in section 4.4.1 Emergency Temporary Use of Authority's Facilities, below,
the Facilities provided for herein may only be utilized by the Users, the Designated Haulers, and
the Private Haulers, Contract Municipal Customers, and properly authorized persons and entities
disposing of Acceptable Waste generated within their respective jurisdictions. The Authority and
Users further covenant and agree that, except as provided in section 4.4.1 Emergency Temporary
Use of Authority's Facilities, below, any Facility shall not be utilized by any other person or
entity without the express prior consent of the Authority and the governing body of the User
where the Facility is located.
Use and operation of the Landfill shall be subject to and in compliance with the terms
and conditions in the special use permit provided pursuant to Roanoke County Item 62789 -10,
and Resolution 62789 -12, each dated June 27, 1989. Use and operation of the Roanoke Transfer
Station shall be subject to and in compliance with the terms and conditions in the Solid Waste
Transfer Facility Design Criteria, dated March 19, 1991, and the Solid Waste Transfer Facility
Operating Criteria, dated May 21, 1991, as approved by the City Planning Commission on June
5, 1991, all as amended from time to time.
ARTICLE IV
OBLIGATIONS RELATING TO DELIVERY AND
ACCEPTANCE OF WASTE; OPERATING PROCEDURES
Section 4.1. Delivery and Acceptance.
a) Throughout the term of this Agreement, Authority agrees to accept and dispose of
Acceptable Waste delivered by or on behalf of the Users in accordance with the terms of this
Agreement and agrees to do so at and through the Facilities unless an Uncontrollable
Circumstance renders all or a portion of the Facilities inoperable. In such case the Authority may
and is authorized to provide by separate agreement between the Authority and any local
government owned and operated solid waste disposal or transfer facility located within sixty (60)
miles of the Facilities, for the reciprocal, emergency, temporary disposal of all or part of the
Authority's Acceptable Waste at said local government's solid waste disposal facility /facilities.
The Authority further agrees to use its best efforts to operate the Facilities as economically as
possible and to maintain a competitive Tipping Fee structure to encourage use of the Facilities by
Private Haulers and Contract Municipal Customers.
b) Each User shall have the right to deliver, or cause to be delivered, to the Facilities
all Acceptable Waste generated within its political jurisdiction. Except in the case of an
Uncontrollable Circumstance, each User, that is party hereto, further agrees to deliver, or cause
to be delivered, to the Facilities, all Acceptable Waste, except Recycled Waste, which is
generated or collected by the User, collected by a Designated Hauler, or collected by any other
waste hauler who collects Acceptable Waste on behalf of the User, and each User agrees to do so
to provide a constant revenue stream to the Authority in recognition of the fact that Private
Haulers have no legal obligation to use the Facilities.
Section 4.2. Operating Rules. The Authority shall promulgate specific rules and
procedures for the use and operation of the Facilities, which shall be deemed a part of this
Agreement following notice to the Users of such rules. The rules and procedures may be
modified by Authority from time to time upon notice to the Users from Authority. A copy of
such operating rules shall be available at the Facilities upon request. The parties agree to be
bound to such rules and procedures in all respects. The rules may include fines for attempts to
dispose of Unacceptable Waste in the Facilities and procedures for banning Designated Haulers
and any other persons who violate the rules. Authority and Users agree that such rules and
procedures shall not be inconsistent with this Agreement. In the event of a conflict between such
rules and procedures and this Agreement or the Articles of Incorporation, this Agreement or the
Articles of Incorporation shall prevail.
Section 4.3. Voting Representation. Notwithstanding any contrary provision in the
Articles of Incorporation, Bylaws, or this Agreement, Authority, the Charter Member Users, and
Salem covenant and agree that the initial voting representation on the Authority shall consist of 5
representatives from the County, 2 representatives from the City of Roanoke, 1 representative
from the Town, and 1 representative from the City of Salem and that neither of the following
actions shall be taken or permitted to occur by the Authority without the express consent of
Roanoke County and the City of Roanoke, as expressed by the affirmative vote of all Roanoke
County and City of Roanoke representatives on the Authority:
1) Any change in the terms or conditions of design or operation of the Roanoke
Transfer Station located in the city as set forth in the Solid Waste Transfer
Facility Design Criteria, dated March 19, 1991, and the Solid Waste Transfer
Facility Operating Criteria, dated May 21, 1991, as approved by the City
Planning Commission on June 5, 1991, and the Part A and Part B applications
for the Roanoke Transfer Station as approved by the Commonwealth of
Virginia, or any expansion or modification of the Transfer Station; or,
2) Any change in the terms or conditions of design or operation of the Landfill
located in the County of Roanoke as set forth in the special use permit approved
pursuant to Roanoke County item 62789 -10, and Resolution 62789 -12, each dated
June 27, 1989, and the Part A and Part B applications for the Landfill as approved
by the Commonwealth of Virginia, or any expansion or modification of the
Landfill.
D
Section 4.4. New Members. Because the Landfill is a scarce and valuable resource and
because all Users have a common interest in insuring that the Landfill is utilized only for the
proper disposal of Acceptable Waste and because Authority and Users desire to make the best
possible and most efficient use of the Landfill, Users and Authority covenant and agree as
follows:
1) No person or entity shall be permitted to utilize the Facilities except pursuant to
the general terms and conditions of this Agreement;
2) Except as provided in Section 4.4.1 Emergency Temporary Use of Authority' s
Facilities, below, only Users, Designated Haulers, and Private Haulers, disposing
of Acceptable Waste generated within the Users' jurisdictions, and Contract
Municipal Customers shall be permitted to utilize the Facilities;
3) Additional Users may join the Authority by a simple majority vote of the
Authority and compliance with Applicable Law, provided that the following
conditions have been met:
a) The additional volume of Acceptable Waste that would be disposed of at the
Landfill as a result of such proposed new User's joining is not projected to
cause the total aggregate amount from all User jurisdictions and Contract
Municipal Customers to exceed the Maximum Annual Tonnage.
b) The proposed new User jurisdiction shall be responsible for all the costs and
expenses of such waste stream as determined to be necessary by Authority.
c) Each New Member joining the Authority will be entitled to one voting
representative on the Authority and Roanoke County shall be entitled to one
additional voting representative for each such New Member joining the
Authority, as necessary, to maintain its majority.
d) The proposed new User shall execute and deliver an agreement substantially
similar to this Agreement as required by the Authority.
e) As applicable to the City of Salem becoming a New Member and upon
issuance by the State Corporation Commission of a Certificate of Joinder
and /or Restatement:
i.) Subject to the items in (ii) below, the Authority will pay the City
of Salem the total sum of One Million, Seven Hundred and Eighty -
One Thousand, Four Hundred and Seventy -Three and 22/100
Dollars ($1,781,473.22), which is the amount Salem has identified
as necessary to retire any and all outstanding debt owed on the City
of Salem's existing transfer station;
ii.) The City of Salem will convey good and marketable title of the
City of Salem's existing transfer station and all related existing
equipment, real property, and existing site work as is, as described
in Exhibit `B" , such that said transfer station becomes a Facility,
and such real property is not subject to any material environmental
issues as determined by the Authority.
Section 4.4.1 Reciprocal Emergency Temporary Use of Authority's Facilities. The
Authority hereby allows for the reciprocal, emergency, temporary use of the Transfer Station for
the disposal at the Landfill of only Acceptable Waste which originates within the Reciprocating
Local Government Entity's jurisdiction, subject to and upon the following terms and conditions:
1) Authority and the Reciprocating Local Government Entity shall enter into
an appropriate reciprocal agreement in form approved by the Authority for the temporary
emergency use of each other's waste disposal facilities. Prior to any delivery of waste by the
Reciprocating Local Government Entity at the Transfer Station, the Reciprocating Local
Government Entity shall provide advance written notice to the Authority's Chief Executive
Officer of (i) the nature of the emergency; (ii) the estimated duration of the emergency use; and,
iii) the estimated daily amount of municipal solid waste requested to be delivered for disposal.
2) Such use shall be subject to prior written approval of the Authority's Chief
Executive Officer and the Reciprocating Local Government Entity's compliance with all
Applicable Laws, rules, regulations, and procedures, including, without limitation, the
Authority's Operating Rules, regulations and procedures.
3) The fees and charges applicable to such use shall be as established by the
Authority from time to time.
4) Under no circumstances shall the Authority accept or be deemed to have
accepted for disposal or title to any Hazardous Waste or Unacceptable Waste.
5) The Reciprocating Local Government Entity shall be responsible for and
shall pay any and all claims, suits, damages, fines, penalties, loss, or liability, including any
required cleanup or remediation, for damage to property, death or personal injury of any kind
resulting from or arising out of. (i) the operation or presence on Authority premises by the
Reciprocating Local Government Entity, its employees, agents, and contractors; (ii) the delivery
to the Facilities or handling of Hazardous Waste or Unacceptable Waste; or, (iii) any violation
of any law, rule, regulation, or procedure.
Section 4.5. Title to Acceptable Waste. Upon Authority's acceptance of any
Acceptable Waste, Authority shall receive title to such Acceptable Waste. Authority may, at its
sole election, take title to Acceptable Waste at an earlier time if it notifies the affected User of
the exercise of such election. Authority shall never be deemed to have title to Unacceptable
Waste unless it specifically represents that it is aware the waste is Unacceptable Waste and it is
specifically taking title to the same. Inoperability of Authority's scales shall not affect the
11
transfer of title. In the event of any dispute regarding transfer of title, the affected User shall join
with Authority in defense of such title.
Section 4.6. Disposal of Unacceptable Waste. Authority shall notify any person
delivering waste found before discharge into any Facility to contain Unacceptable Waste that the
waste cannot be disposed at the Facility. If Unacceptable Waste is disposed of by or on behalf of
any User, and time and operations permit, Authority shall notify such User and such User shall
promptly cause the Unacceptable Waste to be removed from the Facility and disposed of in
accordance with Applicable Laws. In the event time and operations do not permit such notice or
such User does not promptly remove the Unacceptable Waste, Authority may, at its option, cause
the same to be removed, and disposed of in accordance with Applicable Law and such User shall
be liable for the costs thereof. The affected User shall reimburse Authority for the actual costs,
expenses, fines, penalties and liability resulting from the deposit of such Unacceptable Waste
identified to have been disposed of by such User in the Facility, and, upon submission of
satisfactory evidence of such costs, shall pay all such costs within 45 days of an invoice therefor;
provided that the Authority shall not pay or agree to pay any fine or penalty, or acknowledge any
liability unless the affected User is given an opportunity to participate and defend any such
action seeking to impose a fine, penalty, or liability.
Section 4.7. Household Hazardous Waste Collection Facility. Notwithstanding any other
provision of this Agreement, the Authority shall be authorized to operate a household hazardous
waste collection facility and operation at Transfer Station site(s) for the on -going collection,
storage, and off -site disposal of household hazardous waste originating from the residential
households located within the Users' jurisdictions, or Contract Municipal Customer's
jurisdiction if Authorized by the Authority. Such household hazardous waste facility and all
related activities, including, without limitation, the collection, storage, and transportation and
off -site disposal of household hazardous waste, shall be in compliance with all applicable local,
state and federal rules, laws, and regulations.
ARTICLE V
TIPPING FEES; OTHER CHARGES
Section 5.1. Tipping Fees. Authority shall charge Tipping Fees for Acceptable Waste
delivered to the Facilities and accepted by Authority for disposal. The Tipping Fees shall be
established and adjusted from time to time in accordance with the requirements of the Act and
any Indenture. Subject to the terms and conditions of this Agreement, Authority and Users
recognize and agree that there may be numerous separate classes of users of the Facilities
including (1)Users, (2)Contract Municipal Customers, (3) Designated Haulers, and (4) various
categories of Private Haulers with different Tipping Fees for each class. Because the Landfill is a
scarce and valuable resource, and Users and Authority intend to preserve its use to the maximum
degree possible, Authority may establish different Tipping Fees for entities other than the Users
who use the Facilities. Users shall be liable for any Tipping Fees payable by their respective
Designated Haulers.
Section 5.2. Payments; Liability of Users.
a) All amounts payable hereunder shall be invoiced on a monthly basis
unless otherwise indicated. Amounts invoiced shall be due 20 days after the date of receipt of
the invoice. Each invoice shall list all deliveries made during the applicable period and all
information on the related weight records.
b) Authority may maintain separate records for the amounts payable by
each person and entity under this Agreement.
Section 5.3. Payment for Out -of -Hours Deliveries. Authority may charge such amounts
as it deems appropriate for deliveries at times other than the Facility's normal hours of operation.
Section 5.4. Late Payment. Any amount payable under this Agreement by Users,
Designated Haulers, Private Haulers, or Commercial Contract Customers that is not paid when
due in accordance with this Agreement shall bear interest compounded monthly at the lesser of -
i) 21 % or (ii) the highest rate allowed by law.
Section 5. 5. Tipping Fee Adjustment. Until the resolution of any disagreement about
any Tipping Fee adjustment, Users shall pay the Authority's proposed adjustment. Authority
shall, immediately after the resolution, reimburse User and Designated Haulers for the
aggregate amount of any overpayment, if any, occurring as a result of the subject matter of the
disagreement.
Section 5.6. Relative Charges. The Authority and Users covenant and agree that Users
shall be charged the same Tipping Fees for use of the Facilities. Subject to the foregoing, Users
shall pay to Authority the Tipping Fees set forth in the fee schedule adopted by Authority in
accordance with the Act and this Agreement. The Authority may establish fees for special wastes
as defined by the rules and procedures promulgated by the Authority pursuant to section 4.2,
tires for Private Haulers, and for individuals delivering household waste in privately owned
automobiles and pick -up trucks as it deems appropriate.
Section 5.7. Obligation to Pay Pro Rata Share.
a) Subject to the terms and conditions of this Agreement, each User shall pay to the
Authority or such other person as the Authority may designate its Pro Rata Share of any
Annual Deficit not less than thirty (30) days after receipt of written request therefor from the
Authority. The Authority shall compute each year's Pro Rata Share in accordance with this
Section and send notice to each User of its Pro Rata Share within thirty days after the close of
each Fiscal Year. Each Pro Rata Share shall be the proportionate obligation of each User to
pay the Annual Deficit computed on a pro rata basis based on the percentage the User's
population', as of the close of the preceding Fiscal Year as projected by the Center for Public
Service at the University of Virginia, bears to the total population of all Users which are then
subject to payment of a Pro Rata Share. The initial Pro Rata Share of each User shall be based
on the following percentages:
Roanoke County 41.70%
13
City of Roanoke 43.50%
Town of Vinton 3.59%
City of Salem 11.21%
b) The obligation of each User to make payments of its Pro Rata Share under this
Section shall be subject to and contingent upon the provisions of Section 5.9 and appropriations
being made for such purpose by the governing body of the User. Nothing in this Section or this
Agreement shall constitute a pledge of the full faith and credit of any User under any provisions
of its charter or the Constitution of Virginia or a bond or debt of any User within the meaning of
any provision of the Constitution of Virginia or such User's charter. Subject to the provisions of
this Agreement, the obligations of each User to make payments under this Section and to observe
and perform all other covenants and agreements under this Agreement are unconditional,
irrespective of any rights of set -off, recoupment, or counterclaim that any User may have, jointly
or individually, against the Authority.
c) At the option of any User, such User may terminate its obligation to make
payments of it Pro Rata Share, but only if the annual reports required by Section 5. 8 shall show
that:
i) no Annual Deficit has occurred for the five
preceding Fiscal Years; and
ii) Operating Revenues have been equal to at least
110% of Operating Costs for the two preceding
Fiscal Years.
Section 5.8. Books and Records. The Authority shall maintain all books, records and
accounts necessary to record all matters affecting the Tipping Fees or other amounts payable by
or to Users and the Authority under this Agreement. All such books, records and accounts shall
be maintained in accordance with generally accepted accounting principles, shall accurately,
fairly and in reasonable detail reflect all Authority's dealings and transactions under this
Agreement and shall be sufficient to enable those dealings and transactions to be audited in
accordance with generally accepted accounting principles. Within one hundred twenty (120)
days after the close of each Fiscal Year, the Authority shall deliver to each User an annual report
accompanied by a certificate of an independent certified public accountant, including, among
other things, a statement of the financial position of the Authority at the end of such Fiscal Year,
a statement of Operating Revenues and Operating Costs under this Agreement, and the amount,
if any, of the Annual Deficit. All such books, records and accounts shall be available for
inspection and photocopying by any User on reasonable notice so that it can verify Tipping Fees
or other amounts payable under this Agreement. All such books, records and accounts shall be
kept by the Authority for at least six years (or any longer period required by Applicable Law).
Section 5.9. Annual Budget. The Authority shall provide to the Users for approval,
on or before each April 1, its Annual Budget for the upcoming year. The Authority shall also
provide to the Users for approval in advance any amendment of any kind to the Annual Budget.
The Annual Budget shall set forth (i) the budgeted Operating Costs for such Fiscal Year,
itemizing each category of expenditure, including the amount of Debt Service Payments coming
due in the next Fiscal Year, if applicable; and, (ii) the budgeted Operating Revenues for such
Fiscal Year; and (iii) the budgeted Tipping Fees necessary to balance the Annual Budget. The
Authority shall also provide Operating Costs and Operating Revenues for the then current
Fiscal Year. The Annual Budget for an upcoming Fiscal Year and any amendments thereto shall
not be effective and no expenditures shall be made by Authority under the proposed Annual
Budget unless and until such Annual Budget and any amendments have been approved by the
governing bodies of Users, such approval not to be unreasonably withheld. The Authority shall
continue operating within the expenditure levels approved under the Annual Budget for the
immediately preceding Fiscal Year, excluding any Capital Expenditures, until such time as a
new Annual Budget is approved.
ARTICLE VI
DEFAULT AND TERMINATION
Section 6.1. Remedies for Default.
a) In the event of the breach by any party of an obligation under this Agreement,
the right to recover damages or to be reimbursed will ordinarily constitute an adequate remedy.
The parties hereto agree that as long as any Bonds remain unpaid or their payment has not been
provided for in accordance with the Indenture, no party may terminate its obligations under this
Agreement.
b) The Authority may refuse to accept any Acceptable Waste that is collected by
a User if such User fails to pay any amount due hereunder until the amount and any late
payment interest on it have been paid if the Authority has mailed a written notice of the failure
to pay the amount due under this Agreement to such User at the address to which invoices are
sent by certified mail accompanied by a copy of the invoice for the unpaid amount.
c) The parties hereto acknowledge that, in the event of any Event of Default the
non - defaulting party shall be entitled to recover, to the extent proven, all of their respective
damages, including incidental and consequential damages, caused by such Event of Default.
The parties hereto agree that damages for any such Event of Default may include, without
limitation: (i) amounts payable under this Agreement (including, without limitation, Tipping
Fees); (ii) lost revenues and damages under any contract unable to be performed or realized, in
whole or in part, by reason of such Event of Default; (iii) accelerated amounts if required under
any contract or agreement as a result of an Event of Default specified in Section 6.3(a); (iv)
interest from the date of payment on any amounts borrowed or required to be advanced in
connection with such Event of Default, including interest on amounts paid to mitigate damages
or prevent a default from arising under any agreement relating to the Facilities or its operations;
v) increased Operating Costs, and (vi) reimbursement for all reasonable expenses and costs,
including the fees and expenses of its counsel, incurred in connection with any proceeding
brought to recover such damages or to enforce the provisions of this Agreement. To the extent
permitted by Applicable Law, the parties hereto hereby waive the right to trial by jury in any
action or proceeding brought to enforce, construe or recover damages for any breach of this
Agreement.
Section 6.2. Events of Default by Authority. The following shall constitute an Event
of Default by the Authority ( "Authority Default "):
The Authority's persistent or repeated failure or refusal substantially to fulfill any of its
material obligations to any User in accordance with this Agreement unless such failure or refusal
shall be excused or justified by an Uncontrollable Circumstance or a default by a User
hereunder; provided, however, that no such failure or refusal shall constitute an Authority
Default unless and until:
i) Such User has given written notice to Authority stating that in its opinion
a particular default or defaults (described in reasonable detail in such notice) exist
that will, unless corrected, constitute a material breach of this Agreement by the
Authority and that will in its opinion give User a right to reimbursement or to
recover damages under this Agreement, or after all Bonds have been paid or their
payment provided for, a right to terminate its obligations hereunder, unless such
default is corrected within a reasonable period of time, and
ii) Authority has neither corrected such default nor initiated reasonable steps
to correct it within a reasonable period of time (which shall in any event be not
less than thirty days from the date of receipt of the notice given pursuant to clause
i) of this Section); provided that if the Authority has commenced to take
reasonable steps to correct such default within such reasonable period of time, it
shall not constitute an Authority Event of Default for as long as the Authority is
continuing to take reasonable steps to correct it; or
Section 6.3. Events of Default by Users. Each of the following shall constitute an
Event of Default by a User ( "User Default "):
a) The failure by a User to pay any amount under this Agreement within 60 days after
receipt of written invoice therefor; or,
b) The failure or refusal by a User to fulfill any of its obligations to Authority in
accordance with this Agreement unless such failure or refusal is excused or justified by an
Uncontrollable Circumstance; provided that no such failure or refusal shall constitute an Event of
Default unless and until
i) Authority has given prior written notice to such User stating that in its
opinion a particular default or defaults (described in reasonable detail in such notice)
exist which will, unless corrected, constitute a material breach of this Agreement on the
part of the User and which will in its opinion give Authority a right to reimbursement,
recover damages or refuse service under this Agreement for cause under this Section
unless such default is corrected within a reasonable period of time, and
ii) Such User has neither corrected such default nor initiated reasonable steps
to correct it within a reasonable period of time (which in any event shall not be less than
five days from the date of the notice given pursuant to clause (i) of this Section);
provided that if User has commenced to take reasonable steps to correct such default
within such reasonable period of time, it shall not constitute an Event of Default for as
long as User is continuing to take reasonable steps to correct it, unless such default
creates an emergency situation which may endanger public health or safety, threaten the
environment or endanger the continued operation of any Facility, in which case an Event
of Default shall be deemed to have occurred if such default is not corrected within ten
days or less.
Section 6.4. Termination on Default. After all Bonds have been paid or their payment
provided for and they are no longer considered outstanding under any applicable Indenture, any
User, after giving written notice to all parties, may terminate this Agreement with respect to
itself upon the occurrence of an Authority Default to the extent permitted by Applicable Law.
The termination of this Agreement by any User shall not terminate this Agreement as to any
other User. The proper exercise of the right of termination shall be in addition to and not in
substitution for, such other remedies, whether damages or otherwise, of the party exercising the
right of termination.
Subject to the terms and conditions of this Agreement, if any User fails to pay its Tipping
Fees or its Pro Rata Share after appropriations therefore have been made, such User shall remain
liable for such amounts and shall continue to be bound by this Agreement.
Section 6.5. Survival of Certain Rights and Obligations. This Agreement shall remain
in full force and effect as long as any Bonds remain unpaid or their payment has not been
provided for under any applicable Indenture. Thereafter, this Agreement may be terminated, but
no termination of this Agreement shall limit or otherwise affect the rights and obligations of any
party that have accrued before the date of such termination. Additionally, all obligations of
Users with regard to any Unacceptable Wastes shall survive the termination of this Agreement.
Section 6. 6. Resolution of Disputes. The parties agree that should any question arise
between the Authority and a User who is a signatory to this Agreement relative to either
engineering or accounting, it shall be resolved as follows:
a) If as to engineering, then by a majority of a committee of three composed of an
engineer appointed by the Authority, an engineer appointed by the User affected, and an
independent engineer, to be chosen by the foregoing two; provided, however, should the first two
appointees not be able to select the third appointee within thirty (30) days following the date of
appointment of the last of the first two appointees, then and in that event, application for
appointment of the third arbitrator shall be made to the Circuit Court judges of the 23rd Judicial
Circuit of the Commonwealth of Virginia which shall appoint the third arbitrator.
b) If as to accounting, then by a majority of a committee of three composed of the
Chief Financial Officer of the affected User, the Authority's chief financial officer, and an
independent certified public accountant, to be chosen by the foregoing two; provided, however
17
should the first two appointees not be able to select the third appointee within thirty (30) days
following the date of appointment of the last of the first two appointees, then application for
appointment of the third arbitrator shall be made to the Circuit Court judges of the 23rd Judicial
Circuit of the Commonwealth of Virginia which shall appoint the third arbitrator.
c) In either case, the charge of the independent individual shall be borne equally by
the affected User and the Authority.
ARTICLE VII
MISCELLANEOUS
Section 7.1. Host Community Fees. The Authority covenants and agrees to pay to each
User hosting the Landfill, the amount of $350,000 annually, for as long as the Landfill remains
operational, and to each User hosting a Transfer Station, the amount of $150,000 annually, for as
long as such Transfer Station remains operational. Any Charter Member User not hosting a
Facility shall be paid a Host Community Fee annually in the amount of $5,000, for as long as
they are a User, for their continued long -term support of the Facilities. Host Community Fees
will be paid within 30 days after the close of each Fiscal Year in consideration of the location of
the Facility in their respective jurisdiction or as otherwise provided herein.
Section 7.2. Extent of Agreement; Modification. This Agreement represents the entire
and integrated agreement between the Users and Authority and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be amended only by a
written agreement signed by Users, and Authority. Authority and Users expressly covenant and
agree that this Agreement shall not be changed or amended in any manner and the Authority
shall not be dissolved or any User permitted to withdraw, except as provided in Section 6.4,
without the written consent of the governing bodies of the Users.
Section 7.3. Assignment. No assignment of this Agreement, or any right occurring
under this Agreement, shall be made in whole or part by any User without Authority's express
written consent. Users shall not resell to any entity the right to dispose of Acceptable Waste at
the Facilities, either directly through a User or indirectly through a Designated Hauler, for an
amount greater than is paid by such User to Authority for such disposal by User (whether such
charge is direct or additive), without the express written consent of Authority, which consent
may be withheld by Authority at its sole discretion.
Section 7.4. Partnership. - Nothing herein shall be construed to constitute a joint venture
between Authority and any User or the formation of a partnership.
Section 7.5. Authority as Successor to Roanoke County_ Resource Authority. The
parties hereto agree and covenant that the Authority is the successor to the Roanoke County
Resource Authority.
Section 7.6. Severability of Invalid Provisions. If any clause, provision or section of
this Agreement is held to be illegal or invalid by any court, the invalidity of the clause, provision
or section will not affect any of the remaining clauses, provisions or sections, and this
Agreement will be construed and enforced as if the illegal or invalid clause, provision or section
had not been contained in it.
Section 7.7. Notices. All notices, certificates, requests or other communications under
this Agreement must be in writing and will be deemed given, unless otherwise required, when
mailed by first -class mail, postage prepaid, to the addresses set forth below:
If to the Authority: 1020 Hollins Rd., N.E.
Roanoke, Virginia 24012
Attention: Chair, RVRA Board of Directors
If to the City of Roanoke: 215 Church Avenue, S.W., Room 364
Municipal Building
Roanoke, Virginia 24011
Attention: City Manager
If to the County of Roanoke: P.O. Box 29800
Roanoke, Virginia 24018 -0798
Attention: County Administrator
If to the Town of Vinton: P.O. Box 338
Vinton, Virginia 24179
Attention: Town Manager
If to the City of Salem: 114 North Broad St.
P.O. Box 869
Salem, Virginia 24153
Attention: City Manager
The parties may by notice given under this Section, designate such other addresses as they may
deem appropriate for the receipt of notices under this Agreement. If, by reason of the suspension
of or irregularities in regular mail service, it is impractical to mail notice of any event when
notice is required to be given, then any manner of giving notice which is satisfactory to the
intended recipient will be deemed to be sufficient .
Section 7.8. Litigation. The Authority is not a party to any legal, administrative,
arbitration or other proceeding or controversy pending, or, to the best of the Authority's
knowledge, threatened, which would materially adversely affect the Authority's ability to
perform under this Agreement. Each User represents as to itself that it is not a party to any legal,
administrative, arbitration, or other proceeding or controversy pending, or, to the best of its
knowledge, threatened, which would materially and adversely affect its ability to perform under
this Agreement.
IM
Section 7.9. Further Documents and Data. The parties to this Agreement will execute
and deliver all documents and perform all further acts that may be reasonably necessary to
perform the obligations and consummate the transactions contemplated by this Agreement.
Section 7.10. Counterparts. This Agreement may be executed in any number of
counterparts, each of which, when so executed and delivered, will be an original, and the
counterparts taken together will constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have each caused this Agreement to be signed as
of the date above written.
ROANO V LLEY ESOURCE AUTHORITY
By:
IiS:
APPROVED TO FORM:
Nonoke Valley Resource Authority Attorney
COUNTY OF O NOK , VI GINIA
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Roanoke County Attorney
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TOWN OF VINTON, VIRGINIA
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CITY OF SAL , VIRGINIA
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21
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ATTEST:
Exhibit "A"
AMENDED AND RESTATED ARTICLES OF INCORPORATION
OF THE
ROANOKE VALLEY RESOURCE AUTHORITY
The Board of Supervisors of Roanoke County, the Town Council of the Town of Vinton,
the City Council of the City of Roanoke, and the City Council of the City of Salem have by
concurrent resolution adopted the following Amended and Restated Articles of Incorporation of
the Roanoke Valley Resource Authority pursuant to the Virginia Water and Waste Authorities
Act, Chapter 28, Title 15.2, sections 15.2 -5100, et seq. of the Code of Virginia (1950), as
amended, ( "Act"):
1) The name of the Authority shall be the Roanoke Valley Resource Authority and
the address of its principal office is 1020 Hollins Road, N.E., Roanoke, Virginia 24012.
2) The names of the participating political subdivisions are the County of Roanoke,
Virginia; the City of Roanoke, Virginia; the Town of Vinton, Virginia; and the City of Salem,
Virginia. The County of Roanoke, the City of Roanoke, the Town of Vinton, and the City of
Salem, as the incorporating political subdivisions, hereby acknowledge, covenant, and agree that
these Amended and Restated Articles of Incorporation shall not be further amended or changed
without the express agreement of each of the governing bodies of each of the incorporating
political subdivisions.
Neither of the following actions shall be taken or permitted to occur by the Authority
without the consent of the City of Roanoke and the County of Roanoke as expressed by the
affirmative vote of all City and County representatives on the Authority:
a) Any change in the terms and conditions of design or operation of the
Transfer Station located in the City of Roanoke as set forth in the Solid Waste Transfer
Facility Design Criteria, dated March 19, 1991, and the Solid Waste Transfer Facility
Operating Criteria, dated May 21, 1991, as approved by the Roanoke City Planning
Commission on June 5, 1991, and the Part A and Part B applications for the Transfer
Station as approved by the Commonwealth of Virginia, or use by any persons or entities
other than City of Roanoke, County of Roanoke, Town of Vinton, the City of Salem or
any other local government entity, located wholly or partially within a sixty (60) mile
radius of the Authority's property and under contractual obligation with the Authority to
bring acceptable waste generated within said local government entity's jurisdiction to an
Authority facility;
b) Any change in the terms and conditions of the design or operation of the
Landfill located in Roanoke County as set forth in the special use permit and the Landfill
Permit Conditions and Operating Policies, Action 62789 -10 and Resolution 62789 -12,
each dated June 27, 1989, and the Part A and Part B applications for the Landfill as
approved by the Commonwealth of Virginia.
c) Since the Landfill and Transfer Station are scarce and valuable resources,
and because the participating political subdivisions have a common interest in insuring
that the Landfill is used in the best possible and most efficient manner, the participating
political subdivisions agree that Authority membership and operation and use of the
Transfer Station and Landfill shall be governed by the terms and conditions of the
Amended and Restated Roanoke Valley Resource Authority Members and Facilities Use
Agreement ( "Use Agreement "), dated as of July 1, 2016, and as such Use Agreement
may be further amended from time to time.
23
3) The names, addresses, and initial terms of office of the members of the Board of
the Roanoke Valley Resource Authority ( "Authority ") are as follows:
Name Address Term Expires
1. Anne -Marie Green Roanoke County 12/31/2019
1216 Kessler Mill Road
Salem, Virginia
Roanoke County)
2. Rebecca Owens Roanoke County 12/ 31/2018
P.O. Box 29800
Roanoke, Virginia 24018
Roanoke County)
3. Keith Garman 8538 Bradshaw Road 12/ 31/2017
Salem, Virginia
Roanoke County)
4. Dennis Nalley 8301 Berrybrook Drive 12/ 31/2017
Salem, Virginia 24153
Roanoke County)
5. Thomas C. Gates 5204 Bernard Drive 12/ 31/2019
Roanoke, Virginia 24018
Roanoke County)
6. Michael Shockley City of Roanoke 12/31/2018
215 Church Avenue, SW
Room 354
Roanoke, Virginia 24011
Roanoke City)
7. Robert "Bobby" Edwards 3045 Poplar Lane 12/31/2019
Roanoke, Virginia 24014
Roanoke City)
8. Joey Hiner Town of Vinton 12/ 31/2019
311 S. Pollard Street
Vinton, Virginia 24179
Town of Vinton)
9. Norman Michael Tyler 114 N. Broad Street 12/ 31/2019
Salem, Virginia 24153
City of Salem)
The terms of office of each of the members shall become effective on the date of issuance
of a certificate of joinder for the Authority by the State Corporation Commission in accordance
with Section 15.2 -5112 of the Act and shall expire on the date indicated above. Upon expiration
of the foregoing terms, the governing body of each participating political subdivision shall
appoint the number of members, who may be members of the governing body, set forth opposite
its name below:
County of Roanoke — five
City of Roanoke — two
Town of Vinton — one
City of Salem — one
It being the intention of these Articles that the governing body of the County of Roanoke
shall always appoint a majority of the members, whenever an additional political subdivision
shall join the Authority, the governing body of the County of Roanoke shall be entitled to
appoint one or more additional members in order to maintain such majority. After expiration of
the terms set forth above, each member shall be appointed for a four -year term or until his
successor is appointed and qualified. Any additional members appointed by the County of
Roanoke to maintain its majority shall also be appointed for four -year terms. The governing
body of each political subdivision shall be empowered to remove at any time, without cause, any
member appointed by it and appoint a successor member to fill the unexpired portion of the
removed member's term. Each member may be reimbursed by the Authority for the amount of
actual expenses incurred by him or her in the performance of his or her duties.
4) The purpose for which the Authority is to be formed is to exercise all the powers
granted to the Authority to acquire, finance, construct, operate, manage, and maintain a garbage
and refuse collection and disposal system and related facilities pursuant to the Act. For purposes
25
of these Articles, and any contracts or documents entered into on behalf of the Authority,
garbage and refuse collection and disposal system and related facilities" shall mean the
collection and disposal of garbage and refuse at and through one or more transfer facilities
owned and operated by the Authority and the associated landfill or disposal operations and
including the authority to engage in or provide for residential and/or commercial garbage and
refuse collection services. The Authority shall contract with the County of Roanoke, the City of
Roanoke, the Town of Vinton, and the City of Salem to furnish garbage and refuse collection and
disposal services upon identical terms and conditions including the same schedule of service
rates, fees, and charges of all types which shall be uniformly applicable to all such political
subdivisions. Subject to the terms of the Use Agreement, the Authority may contract with other
political subdivisions to furnish garbage and trash disposal services upon such terms as the
Authority shall determine. The Authority may contract to make host locality payments to
Roanoke County, the City of Roanoke, the City of Salem, and the Town of Vinton to compensate
such localities in consideration of location of facilities within their communities and \or for their
support of the Authority. It is not practicable to set forth herein information regarding
preliminary estimates of capital costs, proposals for specific projects to be undertaken, or initial
rates for proposed projects.
5) The Authority shall serve the County of Roanoke, the City of Roanoke, the Town
of Vinton, the City of Salem, and to the extent permitted by the Act and by the terms of these
Articles and the Use Agreement, such other public or private entities as the Authority may
determine upon the terms and conditions established pursuant to such contracts.
6) The Authority shall cause an annual audit of its books and records to be made by
the State Auditor of Public Accounts or by an independent certified public accountant at the end
of each fiscal year and a certified copy thereof to be filed promptly with the governing body of
each of the participating political subdivisions.
IN WITNESS WHEREOF the Board of Supervisors of Roanoke County, Virginia, the
Town Council of the Town of Vinton, the City Council of the City of Roanoke, Virginia, the
City Council of the City of Salem, Virginia, and the Board of Directors of the Roanoke Valley
Resource Authority have caused these Amended and Restated Articles of Incorporation to be
executed in their respective names, and their respective seals have been affixed hereto and
attested by the respective secretaries and /or clerks of each.
ROANOKE VALLEY RESOURCE CITY OF ROANOKE, VIRGINIA
AUTHORITY
C
Name: Anne Marie Green
Chair
Attest: SEAL)
Peggy Bishop, Secretary
ROANOKE COUNTY, VIRGINIA
By:
Name: P. Jason Peters
Chairman, Board of Supervisors
Attest: (SEAL)
Deborah C. Jacks, Chief Deputy Clerk
27
Name: David A. Bowers
Mayor
Attest: (SEAL)
Stephanie M. Moon Reynolds, City Clerk
CITY OF SALEM, VIRGINIA
By:
Name: Byron Randolph Foley
Mayor
Attest: (SEAL)
James E. Taliferro, Clerk of Council
TOWN OF VINTON, VIRGINIA
Ron
Name: Bradley E. Grose
Mayor
Attest: (SEAL)
Susan N. Johnson, Town Clerk
End of Form of Articles]
Exhibit "B"
Asset # Item Serial # Capitalization
Date
Stationary Equipment
2973 Compactor No. 1 153060 1/31/2007
2982 Compactor No. 2 153061 1/31/2007
2975 40' 60 -Ton Flat Top Truck Scale 836040HD1 1/31/2007
2976 60' 100 -ton Flat Top Truck Scale 8410060HD 1/31/2007
2974 Compuweigh Sys, Software NA 1/31/2007
2963 Gateway E -9515R Server 36751391 7/6/2006
2915 Corrugated Cardboard Baler SE- 504842 -830 3/23/2006
Subtotal
Rolling Equipment
08 -07005 1989 John Deere 544 Wheel Loader DW544ED525242 7/29/2008
2966 1989 John Deere 544 Wheel Loader DW544EB517602 7/17/2006
2878 2006 Ottowa 30 Commando Switch Truck 314679 9/ 8/2006
2419 1999 Chev. K1500 Pickup Truck 1GCEK14V9XZ112863 12/ 3/1998
2140 2003 863G Bobcat Skid Steer Loader 514451115 1/1/1999
2703 1991 Mazda B26001 Pickup Truck JM2UF4143M0115203 8/29/1994
2964 2007 Bobcat S220K Skid Steer Loader w /60" Bucket 530712472. 9/11/2006
2965 2007 Bobcat S220K Skid Steer Loader w/72" Sweeper 530712488 9/11/2006
15 -10001 1993 Ottowa YT30 Shuttle Truck 4484800968767 10/15/2015
Subtotal
39 -L001 Land - approx. 5 acres 6/30/1977
Note: Salem to retain out - parcel across the street; the
total acreage subject to final survey
Buildings and Site Work
39 -13002 Windows & Doors 1/31/2007
39 -13003 Fence 1/31/2007
39 -13004 Parking Lots & Paving 1/31/2007
39 -6005 Plumbing 1/31/2007
39 -13006 Roofing 1/31/ 2007
39 -13007 Buildings 1/31/2007
39 -13008 Sprinkler System 1/31/2007
39 -1001 Water System 1/31/2007
39 -1002 • Sanitary Sewer System 1/31/2007
39 -1003 Storm Drain 1/31/ 2007
39 -1004 Sidewalks 1/31/2007
39 -1005 Retaining Wall 1/31/ 2007
39 -1006 Landscaping 1/31/ 2007
1
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
MARCH 16, 2021, AT 7:00 P.M., 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
RESOLUTION OF THE COUNCIL OF THE TOWN OF VINTON,
VIRGINIA IN RELATION TO APPROVING TOWN OF VINTON
SUPPORT OF FINANCING BY THE ROANOKE VALLEY RESOURCE
AUTHORITY
WHEREAS, the Town of Vinton is a member jurisdiction of the Roanoke Valley Resource
Authority (the "RVRA") pursuant to the Amended and Restated Roanoke Valley Resource
Authority Member and Facilities Use Agreement dated as of July 1, 2016, among the RVRA, the
County of Roanoke, Virginia ("Roanoke County"), the City of Roanoke ("Roanoke City"), the
Town of Vinton, Virginia ("Vinton") and the City of Salem, Virginia ("Salem") (together, the
“Member Localities”); and
WHEREAS, the Town Council (the “Council”) has been informed that the RVRA intends
to pursue Phase III of its Facilities Modifications & Improvements Project, which will, among
other things, improve direct truck access to the Authority's Smith Gap Regional Landfill and
related improvements (the "Project"); and
WHEREAS, the RVRA has applied to the Virginia Resources Authority (the "VRA") for
financing assistance in connection with the Project; and
WHEREAS, the VRA's approval of the RVRA's application is subject to final credit
approval, which final credit approval is expected to include a moral obligation pledge of each of
the Member Localities that would be evidenced in separate support agreements between the
Member Localities and the VRA; and
WHEREAS, the RVRA desires to proceed with the Project and has requested that the
Town of Vinton provide its approval to the RVRA pursuing financing for the Project through the
VRA, and for the Council to authorize the Town Manager to execute a support agreement in
support of the financing (collectively, the “Plan of Finance”).
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF
VINTON, VIRGINIA, AS FOLLOWS:
1. Council hereby approves of the Plan of Finance and hereby authorizes the Town
Manager to execute a support agreement that would enable the RVRA to obtain
financing to proceed with the Project. Council recognizes that the attached support
agreement may require some modifications prior to approval and acceptance by the
VRA, and authorizes the Town Manager to execute the support agreement in such
final form, as approved to form by the Town Attorney.
2
2. This Resolution shall take effect upon adoption.
This Resolution adopted on motion made by Council Member _______________, seconded by
Council Member __________________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
_______________________________
Bradley E. Grose, Mayor
ATTEST:
______________________________________
Susan N. Johnson, CMC, Town Clerk
Meeting Date
March 16, 2021
Department
Finance/Treasurer
Issue
Finance Committee
Summary
The Finance Committee met on March 11, 2021 and the following items were discussed at the
meeting:
• Chamber Illuminights Budget Resolution
• Scrap Metal Budget Resolution
• Capital Projects Budget Resolution
• General Fund Reserve Policy
• January 2021 Financial Statements
• RVRA Moral Obligation
• Debt Per Capita Comparison
Attachments
PowerPoint presentation
January 2021 Financial Report Summary
Recommendations
Motion to approve January 2021 Financial Report
Town Council
Agenda Summary
Report from Finance Committee
Town Council Meeting 3/16/2021
Items of Discussion
•Chamber Illuminights Budget Resolution
•Scrap Metal Budget Resolution
•Capital Projects Budget Resolution
•General Fund Reserve Policy
•January 2021 Financial Statements
•RVRA Moral Obligation
•Debt Per Capita Comparison
2 Finance Department/Treasurer’s Office
Financial Report for January 2021
General Fund
•Revenues at 118% of Budget Expectations
•Expenditures at 84% of Budget Expectations
Grant Fund
•Revenues at 38% of Budget Expectations
•Expenditures at 38% of Budget Expectations
3 Finance Department/Treasurer’s Office
Financial Report for January 2021
Utility Fund
•Revenues at 115% of Budget Expectations
•Expenditures at 101% of Budget Expectations
Capital Fund
•Revenues at 17% of Budget Expectations
•Expenditures at 53% of Budget Expectations
Stormwater Fund
•Revenues at 100% of Budget Expectations
•Expenditures at 78% of Budget Expectations
4 Finance Department/Treasurer’s Office
Financial Report for January 2021
5 Finance Department/Treasurer’s Office
Account Balance
General Fund Cash $2,411,940.78
Grant Fund Cash (199,823.37)
Utility Fund Cash 1,545,326.49
Capital Fund Cash 215,546.12
Stormwater Fund Cash 107,860.82
Total Cash $4,080,850.84
Restricted Funds $509,329.02
Police Evidence Fund $26,676.13
Account Balance
General Fund Investments $2,311,765.31
Utility Fund Investments 980,809.93
Total Investments $3,292,575.24
Total Cash & Investments $7,373,426.08
Other Items
•Chamber Illuminights Budget Resolution
•Move to Council Consent Agenda
•Scrap Metal Budget Resolution
•Move to Council Consent Agenda
•Capital Projects Budget Resolution
•Move to Council Action Item
•General Fund Reserve Policy
•Move to Council Briefing
•RVRA Moral Obligation
•Move to Council Action Item
6 Finance Department/Treasurer’s Office
Other Items
•Debt Per Capita Comparison before Additional Debt: #30 out of 35
7 Finance Department/Treasurer’s Office
Rank Locality Net Debt Balance Population Per Capita
1 Purcellville $62,222,039 9,897 $6,287
2 Broadway $20,989,570 3,891 $5,394
….….….….….
8 Bedford $27,916,018 6,562 $4,254
9 Wytheville $30,754,118 7,957 $3,865
….….….….….
29 Ashland $10,994,246 7,750 $1,419
30 Vinton $11,016,987 8,083 $1,363
….….….….….
35 Smithfield $7,031,778 8,367 $840
Other Items
•Debt Per Capita Comparison after Additional Debt: #23 out of 35
8 Finance Department/Treasurer’s Office
Rank Locality Net Debt Balance Population Per Capita
1 Purcellville $62,222,039 9,897 $6,287
2 Broadway $20,989,570 3,891 $5,394
….….….….….
8 Bedford $27,916,018 6,562 $4,254
9 Wytheville $30,754,118 7,957 $3,865
….….….….….
22 Bluefield $9,572,077 4,907 $1,951
23 Vinton $15,366,987 8,083 $1,901
….….….….….
35 Smithfield $7,031,778 8,367 $840
Action Item
•Motion to approve January 2021 Financial Report
9 Finance Department/Treasurer’s Office
Financial Report Summary
January 31, 2021
Budget Budget Posted Posted Balance YTD
General Fund 200
Revenues 7,168,550 3,095,502 410,065 3,640,666 545,164 118%
Expenditures 7,168,550 4,329,377 153,394 3,618,231 (711,146) 84%
Revenues over/(under) Expenditures (1,233,875) 256,671 22,435
Grant Fund 250
Revenues 4,000 4,395,942 875,894 1,652,110 (2,743,832) 38%
Expenditures 4,000 4,395,942 1,338,417 1,688,286 (2,707,656) 38%
Revenues over/(under) Expenditures - (462,523) (36,176)
Utility Fund 300
Revenues 3,826,500 1,967,419 111,707 2,256,418 288,999 115%
Expenditures 3,826,500 2,285,135 289,295 2,297,829 12,694 101%
Revenues over/(under) Expenditures (317,716) (177,588) (41,411)
Capital Fund 400
Revenues 175,000 593,797 14,583 102,083 (491,713) 17%
Expenditures 175,000 593,832 42,500 316,326 (277,505) 53%
Revenues over/(under) Expenditures (35) (27,917) (214,243)
Stormwater Fund 600
Revenues 499,477 291,245 41,623 291,362 117 100%
Expenditures 499,477 300,483 26,836 233,919 (66,564) 78%
Revenues over/(under) Expenditures (9,238) 14,788 57,443
Total All Funds
Revenues 11,673,527 10,343,904 1,453,872 7,942,639 (2,401,265) 77%
Expenditures 11,673,527 11,904,768 1,850,442 8,154,591 (3,750,177) 68%
Revenues over/(under) Expenditures (1,560,864) (396,570) (211,952)
Meeting Date
March 16, 2021
Department
Public Works
Issue
Public Works Committee
Summary
The Public Works Committee met on March 10, 2021 and the following items were discussed at
the meeting:
• Bulk Refuse Update
• Refuse Operational Adjustment Update
Attachments
PowerPoint presentation
Recommendations
No action required
Town Council
Agenda Summary
Public Works Committee
Meeting
Town Council Meeting 3/16/2021
2 Town Manager’s Office
Public Works Committee
Meeting Held Virtually on March 10, 2021
Vice-Mayor Sabrina McCarty
Council Member Keith Liles
Pete Peters, Bo Herndon, Jill Acker
1.Bulk Collection Update
2.Refuse Operational Adjustment Update
Next Meeting, 8:30am May 12, 2021