HomeMy WebLinkAbout5/18/2021 - Regular
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Vinton Town Council
Regular Meeting
Tuesday, May 18, 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, May 18, 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, May 17, 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 approval of minutes:
a. Regular Meeting of April 6, 2021
b. Regular Meeting of April 20, 2021
Bradley E. Grose, Mayor
Sabrina M. McCarty, Vice Mayor
Keith N. Liles, Council Member
Laurie J. Mullins, Council Member
Michael W. Stovall, Council Member
Vinton Municipal Building
311 South Pollard Street
Vinton, VA 24179
(540) 983-0607
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2. Consider adoption of a Resolution appropriating $48,633 from AY21 DCJS BWC
Revenue Account to the AY21 DCJS BWC Materials and Supplies Account for
the Police Department to purchase 2021 Body Worn Cameras for the patrol
officers.
3. Consider adoption of a Resolution to accept the (VDOT) MAP-21 Transportation
Alternatives Fiscal Year 2021 Program funds in the amount of $380,800.00 to be
included in the FY2022 Budget and to approve the $30,000 match from
Pathfinders for the Greenways.
H. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS
1. Introduction of Assistant Town Manager – Town Manager
2. Proclamations:
a. National Police Week (May 9-15) – Video
b. National Public Works Week (May 16-22) – Video
c. Arbor Day (May 25) – Anita McMillan
I. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and
questions for issues not listed on the agenda.
J. TOWN ATTORNEY
K. TOWN MANAGER
1. BRIEFINGS
a. Briefing on proposed Performance Agreement and Industrial
Revitalization Fund Loan with Gish Mill Davii, LLC and a Memorandum of
Understanding with Roanoke County for financial support for the
rehabilitation and redevelopment of the historic Gish Mill property – Town
Manager
b. Briefing on proposed Paid Time Off (PTO) Policy – Donna Collins
c. Overview of Town Manager’s Recommended Budget for FY2021-2022 -
Town Manager
2. ITEMS REQUIRING ACTION
a. Consider adoption of a Resolution authorizing the Roanoke Valley-
Alleghany Regional Commission to amend its Charter to reduce
membership requirements – Town Manager
3. PROJECT UPDATES/COMMENTS
L. REPORTS FROM COUNCIL COMMITTEES
a. Finance Committee – Anne Cantrell
b. Public Works Committee – Bo Herndon
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M. MAYOR
N. COUNCIL
O. ADJOURNMENT
P. WORK SESSION
a. Further discussion of the Town Manager’s Recommended Budget for FY2021-
2022
NEXT COMMITTEE/TOWN COUNCIL MEETINGS:
June 1, 2021 – 7:00 p.m. – Regular Council Meeting
June 7, 2021 – 2:00 p.m. – Finance Committee Meeting
July 14, 2021 – 8:30 a.m. – Public Works Committee Meeting
NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. Reasonable
efforts will be made to provide assistance or special arrangements to qualified individuals with disabilities in
order to participate in or attend Town Council meetings. Please call (540) 983-0607 at least 48 hours prior
to the meeting date so that proper arrangements may be made.
Meeting Date
May 18, 2021
Department
Town Clerk
Issue
Consider approval of minutes:
a. Regular Meeting of April 6, 2021
b. Regular Meeting of April 20, 2021
Summary
None
Attachments
April 6, 2021 minutes
April 20, 2021 minutes
Recommendations
Motion to approve minutes
Town Council
Agenda Summary
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AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
APRIL 6, 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
MEMBERS PRESENT: Bradley E. Grose, Mayor
Sabrina McCarty, Vice Mayor
Keith N. Liles
Laurie J. Mullins
Michael W. Stovall
PLANNING COMMISSION
MEMBERS PRESENT: Keith N. Liles, Chairman
David R. Jones, Vice Chairman
Robert W. Benninger
Andrew Braxton
Sarah Reid
STAFF PRESENT: Pete Peters, Town Manager
Susan N. Johnson, Executive Assistant/Town Clerk
Jeremy Carroll, Town Attorney
Anne Cantrell, Finance Director/Treasurer
Fabricio Drumond, Police Chief
Anita McMillan, Planning & Zoning Director
Nathan McClung, Principal Planner
The Vinton Town Council meeting was held via
Virginia Government Facebook Page. The Mayor
The Town Clerk called the roll with Council
Member Liles, Council Member Mullins, Council
Member Stovall, Vice Mayor McCarty
Grose present. The Town Clerk announced there
was a quorum of Council. Anita McMillan, Planning
& Zoning Director, called the roll for the Planning
Chairman Liles present. Ms. McMillan announced
there was a quorum of the Plannin
The Town Clerk next announced the names of staff
and others present, confirmed that the meeting
was
Ordinance No. 1016 and Section 4-
General Assembly and that everyone present was
participating by electronic means.
Roll calls
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Planning Commissioner Benninger was not
present for the roll call and joined the meeting at
7:15 p.m.
After a Moment of Silence, Council Member
Liles led the Pledge of Allegiance to the U.S. Flag.
announcement, Vice Mayor McCarty announced the
following: April 10 – 9:00 a.m.–12 Noon – Annual
Clean Valley Day; April 23 – 6-10:00 p.m. – Concert
in conjunction with Dogwood Festival – Farmers’
Market and April 24 – 10:00 a.m.-4:00 p.m. – craft
vendors, car show, kids’ zone and crowning of the
Queen –
Vinton War Memorial; April 29 – 9:00 a.m. – Glade
Creek Greenway Ribbon Cutting
Tree Planting –
May 15 – 1-6:00 p.m. – Vinton Area Cha
Commerce Grapes and Grains Festival – location
TBA.
Council Member Mullins made a motion to
approve
motion was seconded by Vice Mayor McCarty and
voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall,
McCarty, Grose; Nays (0) – None.
Approved minutes of the Regular Meeting
of March 2, 2021
Under awards, introductions, presentations and
proclamations, Kathryn Sowers
Woman’s Club commented on the pinwheel garden
that was planted in front of the Municipal Building on
April 2, 2021
Department, Council and staff
Abuse Prevention Month. Ms. Sowers next made
comments regarding the history of the GFWC, some
statistics relating to child abuse and autism since
April 2nd was also World Autism Awareness Day.
Other members of the GFWC Woman’s Club who
were present electronically were
Camilla Cabiness and Vicky Newburn. After
comments from the Mayor, Council Member Mullins
read the Proclamation.
The next item on the agenda was a joint Public
Hearing with the Vinton Planning Commission for the
consideration of public comments
petition of the Town of Vinton to rezone the historic
Gish Mill properties from M-
Mixed Use Development (MUD) District, in order to
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accommodate restaurant, retail, residential, and
lodging uses, said properties being located at 350
and 0 Gus Nicks Boulevard, Vinton, Virginia, Tax
Map Numbers 060.11-04-22.00-0000 and 060.11-
04-23.00-0000.
Hearing at 7:29 p.m.
Nathan McClung first commented that Council was
meeting and the Planning Commission had a Work
Session on March 25, 2021. After recognizing David
electronically at the meeting, Mr. McClung reviewed
a PowerPoint presentation on the rezoning request,
which was a part of the agenda package and will be
permanent record.
M
Appeals approved the variance request from certain
regulations in the floodplain ordinance on March 30,
2021 and that s
proposed rezoning from M-
Mixed Use Development (MUD) District.
There were no public comments.
Council Member Liles, Council Member Stovall and
the Mayor expressed appreciation to David Hill for
taking on this exciting project
important for the Town. Planning Commission Vice
commented that the total investment made
Town was $126,000, which included costs and legal
fees.
Hearing no further comments, the Mayor closed the
Public Hearing at 7:53 p.m.
Planning Commission Chairman Liles made a
motion to recommend that the proposed Ordinance
be adopted as presented; the motion was seconded
by Vice Chairman Jones and carried by the following
roll call vote, with all members voting: Vote 5-0;
Yeas (5) – Benninger, Braxton, Reid, Jones, Liles;
Nays (0) – None.
Vice Mayor McCarty made a motion to a
Ordinance as presented; the motion was seconded
by Council Member Mullins
Public Hearing Opened
Public Hearing Closed
Adopted Ordinance No. 1030 to rezone the
historic Gish Mill properties, from M-1
redevelop them into a mixed-use property
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5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty,
Grose; Nays (0) – None. Numbers 060.11-04-22.00-
Planning Commission Chairman Liles made a
motion to adjourn the Planning Commission; the
motion was seconded by Vice Chairman Jones and
carried by the following roll call
members voting: Vote 5-0; Yeas (5) – Benninger,
Braxton, Reid, Jones, Liles; Nays (0) – None. The
Planning Commission was adjourned at 7:56 p.m.
Planning Commission adjourned
The next item on the agenda was the
consideration of public comments regarding setting
of the real estate, personal property and machinery
and tools tax rates for calendar year 2021. The
Mayor opened the Public Hearing at 7:57 p.m.
estate assessment less new construction increased
breakdown of the total increase. The net increase
for calendar year 2021 would be $17,459.00. The
rate adjustment does not correlate into an increase
decided to drop the tax rate to $.06, the Town would
actually lose $36,000 of revenue compared to last
year because the
change the tax rate calculation.
The Public Hearing was advertised
Messenger on March 4, 2021 due to the fact that we
had to give a 30-day notice since the increase was
over 1%. Staff recommends keeping the real estate
tax rate of $.07 per $100.00 of assessed value and
the personal property tax rate of $1.00 per $100.00.
Hearing no public comments, the Mayor closed the
Public Hearing at 8:01 p.m.
Council Member Stovall made a motion to adopt the
Ordinance setting the real estate tax rate as
presented; the motion was seconded by Council
Member Liles and carried by the following
vote, with all members voting: Vote 5-0; Yeas (5) –
Liles, Mullins, Stovall, McCarty, Grose; Nays (0) –
None.
Council Member Liles made a motion to adopt the
Ordinance setting the personal property tax rate as
presented; the motion was seconded by Council
Public Hearing Opened
Public Hearing Closed
real estate tax rate for calendar year 2021
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vote, with all members voting: Vote 5-0; Yeas (5) –
Liles, Mullins, Stovall, McCarty, Grose; Nays (0) –
None.
personal property tax rate for calendar year
2021
The next item on the agenda was to consider
adoption of a Resolution
percentage for Personal Property Tax Relief in the
Town of Vinton for the 2021 tax year. Anne Cantrell
commented that the
Act (PPTRA) was established in 1998 to subsidize
the localities’ personal property tax. The State was
not able to continue fully funding the program and in
2006 the amount that each locality receives was
frozen, which is the same amount we are receiving
today. The Town like most other localities uses an
allocation model based on historical
five-
reimbursement rate. Once again, the County
Finance staff assisted in the Town’s calculation and
provided that information in a spreadsheet. This
year’s percentage of 53.95% covers anything up to
$20,000 in assessed value. The rate for 2020 was
54.96%.
Council Member Stovall made a motion to adopt the
Resolution as presented; the motion was seconded
by Vice Mayor McCarty and carried by the following
roll call vote, with all members voting: Vote 5-0;
Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose;
Nays (0) – None.
Adopted Resolution No. 2420 setting the
Property Tax Relief in the Town of Vinton
for the 2021 tax year
The next item on the agenda was to consider
adoption of a Resolution approving a new General
Fund Unassigned Fund Balance Policy. Anne
Cantrell commented that Council was briefed on this
item at their March 16, 2021 meeting. The main
changes in the Policy are the
General Fund budgeted revenues. Town Staff will
begin to create similar policies in the future for other
funds and balances. After brief comments Council
Member Stovall
Resolution as presented; the motion was seconded
by Council Member Mullins
following vote, with all members voting: Vote 5-0;
Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose;
Nays (0) – None.
Adopted Resolution No. 2421 approving a
Balance Policy
The Mayor expressed appreciation to the
Dogwood Festival Committee for all of their work on
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the upcoming Dogwood Festival this weekend and
to the GFWC Woman’s Club of Vinton for their work
on the Child Abuse Prevention Month.
Comments from Council: Vice Mayor McCarty
commented on the
asked everyone to share the Dogwood Festival post
on their personal Facebook page. Council Member
Council Member Mullins commented on the Gish Mill
Redevelopment and expressed appreciation to all of
Town Staff.
Due to timing of their project, Roa
recently offered to return approximately $900,000 of
STBG funds and the TPO endorsed allocating some
of those available funds to two Town projects that
estimated construction budgets and need additional
additional grant funds, the Town would be able move
forward with Glade Creek Greenway Phase 2b and
Gus Nicks Signalized Crosswalk. Council Member
Stovall also
Prevention Month, the recent loss of the two Capitol
Police Officers and e
Council Member Mullins made a motion to
adjourn the meeting; the motion was seconded by
Council Member Liles and carried by the following
vote, with all members voting: Vote 5-0; Yeas (5) –
Liles, Mullins, Stovall, McCarty, Grose; Nays (0) –
APPROVED:
_________________________________
Bradley E. Grose, Mayor
ATTEST:
______________________________
Susan N. Johnson, CMC, Town Clerk
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AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
APRIL 20, 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
MEMBERS PRESENT: Bradley E. Grose, Mayor
Sabrina McCarty, Vice Mayor
Keith N. Liles
Michael W. Stovall
MEMBERS ABSENT: Laurie J. Mullins
STAFF PRESENT: Pete Peters, Town Manager
Susan N. Johnson, Executive Assistant/Town Clerk
Jeremy Carroll, Town Attorney
Anne Cantrell, Finance Director/Treasurer
Fabricio Drumond, Police Chief
Donna Collins, Human Resources/Risk Management Director
Bo Herndon, Public Works Director
The Vinton Town Council meeting was held via
The Town Clerk called the roll with Council
Member Liles, Council Member Stovall, Vice Mayor
McCarty and Mayor Grose present and announced
there was a quorum of Council.
Mullins was absent.
confirmed that the meeting was
Section 4-0.01(g) of Chapter 1289 of the 2020 Acts
of the Virginia General Assembly and that everyone
present was participating by electronic means.
Roll call
After a Moment of Silence, Council Member Liles
led the Pledge of Allegiance to the U.S. Flag.
Under upcoming community events/
announcement, Vice Mayor McCarty announced the
following: April 23 – 6-10:00 p.m. –
conjunction with Dogwood Festival – Farmers’ Market
and April 24 – 10:00 a.m.-4:00 p.m. – craft vendors,
car show, kids’ zone and crowning of the Queen –
Memorial; April 29 – 9:00 a.m. –
Greenway Ribbon Cutting
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7:00 p.m. - Melt Yoga - Vinton Farmers’ Market Stage;
beginning May 1 – Tuesday-Friday 9:00 am-5:00 p.m.
and Saturday, 9:00 a.m. to 1:00 p.m. – Farmers’
Market Open with local produce and crafters and May
15 – 1-6:00 p.m. - Vinton Area Chamber of Commerce,
Grapes & Grains Festival – location TBA.
Council Member Liles made a motion to approve
seconded by Vice Mayor McCarty and carried by the
following vote, with all members voting: Vote 4-0;
Yeas (4) – Liles, Stovall, McCarty, Grose; Nays (0) –
None; Absent (1) - Mullins.
Approved minutes of the Council Retreat
of March 5, 2021 and the Regular
Council
adopted Resolution
appropriating $21,772.00 from DCJS–
Recoveries Restricted Cash Account
Department Operating Budget-Other
Equipment in order to purchase 6 new
replacement TASERs and accessories;
adopted Resolution No. 2423
Transportation
Under awards, introductions, presentations and
proclamations, Chief Drumond
recipients of the 2020 Police Department Awards and
made brief comments about each recipient and their
award: Distinguished Service-Traffic Safety
Award and Drug Safety Award-
Shrewsbury; Distinguished Service-Traffic
Enforcement-Officer Christopher Shively; Leadership
Award–Corporal Brandon Alterio; Officer of the Year-
Corporal Andrew DiCarlo and Life Saving Award–
Officer Justin Baker.
electronically.
The next item under awards, introductions,
Proclamation for
Telecommunications Week. Bill Hunter, Roanoke
Technology
introduced Bekki Craft, the new Emergency
Communications Manager. Ms. Craft then made brief
comments following which
read the Proclamation.
The next item under awards, introductions,
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Proclamation for National Drinking Water Week. Bo
Herndon made brief comments after which Council
Member Liles read the Proclamation.
The next item on the agenda was a briefing on a
request from the Roanoke Valley-Alleghany Regional
Commission (RVARC) to amend its Charter to reduce
membership requirements
Commission’s Board. The RVARC currently has the
second largest Board within t
Commonwealth.
In February of 2021, a Restructuring Committee was
established that studied the matter, considered how
other Planning District Commissions within the State
were organized and provided two options. Wayne
Strickland, the RVARC Executive Director
the options with the Chief Appointed Officers for each
member locality and their preference was that the
members per locality. The Committee then made a
recommendation to the Board t
locality would appoint two members with at least one
being an elected official and the other option being the
CAO. Localities with a population between 25,000 and
50,000 would receive one additional appointment for a
total of three and localities with a population over
50,000 would receive a fourth appointed member for a
total of four. Alternate members could also be
appointed to attend meetings if the primary members
were going to be absent for a meeting. The Town will
retain two members, Roanoke City
Botetourt County, Alleghany County and Salem would
each lose one and Covington, Craig, Rocky Mount and
Clifton Forge would remain the same
total reduction of 8 members from 38 to 30. All local
amendment before it can be implemented. Council will
be asked to take action on the matter at
meeting.
The next item on the agenda was to consider
adoption of a Resolution approving the 2021-2022
Cable Television Committee. Scott Ramsburg first
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government and educational access station serving
the City of Roanoke, Roanoke County, Town of Vinton
and their respective school systems. Since 1993 they
have provided media productive services for all three
localities and currently cablecast on Cox Cable
commented on the types of media content generated
by their five-person staff.
The Town’s representatives are Council Member
Laurie Mullins, Town Clerk Susan Johnson and citizen
representative Ray Sandifer. In the past year RVTV
has produced unique media projects for the Town and
Mr. Ramsburg highlighted a few of those projects.
RVTV’s capital budget is provided throug
franchise agreements and has been recently invested
in
equipment to better serve public relations initiatives
The annual operational budget is provided by the three
governments through their portion of
the Virginia’s Communications Sales and Use Tax and
EG fees from local communication providers. The
Town’s percentage of subscribers based on last year’s
numbers is 4%, which is
annual operating budget of $470,802.22.
Vice Mayor McCarty
Resolution as presented; the motion was seconded by
Council Member
Town Clerk commented on
Board and working
Staff and expressed appreciation for all they are doing
carried by the following roll call vote, with all members
voting: Vote 4-0; Yeas (4) – Liles, Stovall, McCarty,
Grose; Nays (0) – None; Absent (1) - Mullins.
Adopted Resolution No. 2424 approving
the 2021-2022 operating budget for the
Television Committee
The next item on the agenda was to consider
adoption of a Resolution approving the 2021-2022
Authority. Dan Miles, Chief Executive Officer, first
regional solid waste management for the disposal of
the waste that is collected and that t
member communities of which the Town of Vinton is
one along with the City of Roanoke, Roanoke County
and the City of Salem.
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The budget for the upcoming fiscal year totals
$14,874,72, which is an increase of almost $2.3 million
or 18.1%. The total operating budget is being reduced
by approximately $1.4 million and
approximately $2.6 million. The net result
going toward replenishing the reserve funds. Over the
past several years, they have been having to use the
reserve funds to balance the
raising the tipping fees. This year they
projecting they will be increasing the contribution to the
reserve by approximately $3 million. The net result is
coming about through the operational change in
converting the transportation system from a rail mode
of moving solid waste to the landfill to using tractor
trailers to haul the solid waste.
Mr. Miles further commented that they anticipate the
road will become operational by mid-summer. The rail
track has been removed and they are moving forward
with getting a road in place. In the meantime, all of the
garbage is being hauled from the region to the New
River Resource Authority’s landfill in Dublin. They are
excited about the project and believe they are going to
have a system that the region is going to be extremely
proud of.
Council Member Liles
Resolution as presented; the motion was seconded by
Council Member Stovall and carried by the following
roll call vote, with all members voting: Vote 4-0; Yeas
(4) – Liles, Stovall, McCarty, Grose; Nays (0) – None;
Absent (1) - Mullins.
The Town Manager commented that the RVRA has
Tinker Creek Transfer Station during the construction
period which has been a huge benefit to the Town.
Adopted Resolution No. 2425 approving
the 2021-2022
Roanoke Valley Resource Authority
The next item on the agenda was to consider
adoption of a Resolution authorizing the renewal of the
contract year July 1, 2021 through June 30, 2022
Donna Collins commented that this year th
received a 4% decrease in the renewal rates due to
COVID-19 and the Key Advantage 500 and the Key
Advantage 1000 Plans will continue to be offered as in
the previous year. Council Member Stovall
motion to adopt the Resolution as presented; the
motion was seconded by Vice Mayor McCarty and
Adopted Resolution
authorizing the renewal of the Town of
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voting: Vote 4-0; Yeas (4) – Liles, Stovall, McCarty,
Grose; Nays (0) – None; Absent (1) – Mullins.
July 1, 2021 through June 30, 2022
The next item on the agenda was to consider
adoption of a Resolution authorizing the execution of
Town and Virginia Resources Authority (VRA)
administrator of the Virginia Water Facilities Revolving
Fund, and amendments to certain bonds of the Town
to decrease the interest rates, or cost of funds, on the
bonds. Anne Cantrell commented that this relates to
the bond issuances for our water and sewer fund that
were Series 2003, 2004 and 2006. On April 1, 2021
that VRA informed Town Staff that the Department of
Environmental Quality (DEQ) had authorized Cost of
Funds reductions on these bonds to 1% per year. The
current rate on these bonds were anywhere from 3%
to 3.3%. Council needs to approve the Resolution to
interest rates.
Council Member Liles
Resolution as presented; the motion was seconded by
Vice Mayor McCarty and carried by the following roll
call vote, with all members voting: Vote 4-0; Yeas (4)
– Liles, Stovall, McCarty, Grose; Nays (0) – None;
Absent (1) - Mullins.
Adopted Resolution
Resources Authority, as administrator of
Fund, and amendments to certain bonds
rates, or cost of funds, on the bonds
The next item on the agenda was to consider
adoption of an Ordinance amending certain sections
of Chapter 86, Taxation, of the Vinton Town Code
Anne Cantrell
meeting to correct a transposition of a Code number
and to add language that this Ordinance would repeal
the previous Ordinance No. 1017 which allowed for the
Town to extend the date that penalty and interest was
applied for personal property taxes. Ms. Cantrell next
commented on the proposed changes.
Council Member Stovall made a motion to adopt the
Ordinance as revised
Council Member Liles and carried by the following roll
call vote, with all members voting: Vote 4-0; Yeas (4)
– Liles, Stovall, McCarty, Grose; Nays (0) – None;
Absent (1) - Mullins.
Adopted Ordinance No. 1033
revised,
Chapter 86, Taxation, of the Vinton Town
Code
The Town Manager commented that the activity at
pedestrian walkway and the Dogwood Restaurant has
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expansion. With regard to the Gish Mill project, the
Town has hired a contractor to do some clean-up
property to the new owners prior to closing.
The Town Manager next commented that at the
request of Mayor Grose, he polled Council regarding
the new law that moved local elections from May to
November. It was the consensus of Council that we
members would extend their term by six months. The
next election would occur in November of 2022.
Staff is closely monitoring the American Rescue Plan
funding that the Town expects to get and we anticipate
getting our first allotment in June of this year. Staff will
give Council a full briefing
date.
The Town Manager announced
was successful in receiving the DCJS Bodycam Grant
Award in the amount of $49,000.00, which covers 50%
of the total cost.
With regard to getting back to in-person meetings in
Council Chambers, staff is doing research on the
ability
replay them for the general public. There are some
legal requirements for providing closed captioning for
public meetings and we want to make sure we have
the proper infrastructure in place.
Town Staff and the Historical Society have recognized
approximately $37,000 of improvements needed at
the Museum relating to electrical upgrades, sealing of
the basement and repairing the back porch. Council
was gracious to appropriate revenues
improvements and the Historical Society is also
contributing to the cost of these improvements, which
should all be completed by mid-summer.
Cody Sexton, the new Assi
begin work on May 3rd.
Under appointments to Boards/Commissions/
Committees, Vice Mayor McCarty made a motion to
adopt the 2021 Proposed Slate of VML Policy
Committee Members
seconded by Council Member Liles and carried by the
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4-0; Yeas (4) – Liles, Stovall, McCarty, Grose; Nays
(0) – None; Absent (1) - Mullins.
Under reports from Council Committees, Anne
Cantrell provided a report on the Finance Committee
which met on April 12
reviewed a PowerPoint presentation, which was a part
of the agenda package and will be on file in the Town
Clerk’s Office as a part of the permanent record. Ms.
100% of budget expectations because when budget
amendments are loaded into the system, they apply
fully to the month they upload to and they have been
transferring them monthly. With regard to the FY22,
Ms. Cantrell commented that we do have a balanced
budget which will be presented to Council in May and
after a Public Hearing will be adopted
June 1st or June 15th Council meeting. She is hearing
because there are to many questions up in the air.
Council Member Stovall made a motion to approve the
March 2021 Financial Report as presented; the motion
was seconded by Vice Mayor McCarty and carried by
the following vote, with all members voting: Vote 4-0;
Yeas (4) – Liles, Stovall, McCarty, Grose; Nays (0) –
None; Absent (1) - Mullins.
Approved March 2021 Financial Report
The Mayor expressed appreciation to the Town
Manager and staff and commented on the upcoming
Dogwood Festival.
Comments from Council: Council Member Stovall
commented on the upcoming wedding of his son and
and the hiring of Cody Sexton as the Assistant Town
Manager. Vice May
Adams for coming out for the Clean Valley Day and
doing an article.
Council Member Liles made a motion to adjourn
the meeting; the motion was seconded by Vice Mayor
McCarty
members voting: Vote 4-0; Yeas (4) – Liles, Stovall,
McCarty, Grose; Nays (0) – None; Absent (1) - Mullins.
The meeting was adjourned at 8:29 p.m.
9
APPROVED:
_________________________________
Bradley E. Grose, Mayor
ATTEST:
______________________________
Susan N. Johnson, CMC, Town Clerk
Meeting Date
May 18, 2021
Department
Police
Issue
Consider adoption of a Resolution appropriating $48,633 from AY21 DCJS BWC Revenue
Account to the AY21 DCJS BWC Materials and Supplies Account for the Police Department to
purchase 2021 Body Worn Cameras for the patrol officers.
Summary
The Department of Criminal Justice Services (DCJS) has approved the 2021 Body Worn Camera
Grant for the Police Department in the amount of $97,326, to include a local match of $48,663, to be
paid from the Capital Fund Budget. The Police Department would use these grant funds to purchase
Body Worn Cameras to outfit the patrol officers.
It is necessary for the Vinton Town Council to appropriate the funds from the General Fund Revenue
Account in the amount of $48,663.
Attachments
Resolution
Recommendations
Motion to adopt Resolution
Town Council
Agenda Summary
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
MAY 18, 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 Department of Criminal Justice Services (DCJS) has approved the 2021 Body
Worn Camera Grant for the Police Department in the amount of $97,326, to include
a local match of $48,663, to be paid from the Capital Fund Budget; and
WHEREAS, the Police Department would use these grant funds to purchase Body Worn Cameras
to outfit the patrol officers; and
WHEREAS, it is necessary for the Vinton Town Council to appropriate the funds from the
General Fund Revenue Account in the amount of $48,663.
NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby authorize
the Finance Director to appropriate grant budget funding to include any fiscal year budget rollover
with the following accounting transaction:
BUDGET ENTRY
GENERAL LEDGER:
250.25000 ESTIMATED REVENUE $48,663
250.25100 APPROPRIATIONS $48,663
FROM
REVENUE:
250.1230.001 AY21 DCJS BWC Revenue $48,663
TO
EXPENDITURE:
250.1230.553 AY21 DCJS BWC Materials and Supplies $48,663
TOTAL $48,663
This Resolution was adopted on motion made by Council Member , seconded by
Council Member , with the following votes recorded:
AYES:
NAYS:
APPROVED:
Bradley E. Grose, Mayor
ATTEST:
______
Susan N. Johnson, CMC, Town Clerk
Meeting Date
May 18, 2021
Department
Planning and Zoning
Issue
Consider adoption of a Resolution to accept the (VDOT) MAP-21 Transportation Alternatives
Fiscal Year 2021 Program funds in the amount of $380,800.00 to be included in the FY2022 Budget
and to approve the $30,000 match from Pathfinders for the Greenways
Summary
On September 17, 2019, Vinton Town Council adopted a resolution, authorizing the Town Manager
to submit an application in the amount of $380,800.00, for VDOT MAP-21 Transportation
Alternatives (TA) funds allocation, for the construction of Glade Creek Greenway Phase 2B from
Walnut Avenue to Gearhart Park. The total estimated cost for this greenway is $476,000.00.
At its October 20, 2020, the Commonwealth Transportation Board (CTB) approved allocations for
the FY 2021 TA Programs Projects and Glade Creek Greenway Phase 2B Project is one of the
approved projects. On January 29, 2021, and February 8, 2021, the Project Administrative
Agreement and Appendix A for the Project were fully executed by both the Town Manager and
authorized VDOT Officials. In accordance with CTB Policy, the Project must be under construction
by November 1, 2024.
The grant requires a minimum of twenty percent (20%) local match, which is to be funded by the
Town of Vinton and Pathfinders for the Greenways.
Attachments
Resolution
Recommendation
Motion to adopt Resolution
Town Council
Agenda Summary
1
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON
TUESDAY, MAY 18, 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
GLADE CREEK GREENWAY PHASE 2B
WHEREAS, on September 17, 2019, Resolution No. 2320 was adopted by Vinton Town Council
authorizing the Town Manager to file an application for allocation of Virginia
Department of Transportation (VDOT) MAP-21 Transportation Alternatives Fiscal
Year 2021 Program funds; establishing the Project title; setting the amount of funds
requested and setting forth the amount of in-kind matching costs that are part of the
total Project cost; and
WHEREAS, the Commonwealth Transportation Board (CTB), at their October 20, 2020,
meeting approved and obligated the grant funds requested in the amount of
$380,800.00 for the aforementioned Project with an estimated total cost of
$476,000.00; and
WHEREAS, on January 29, 2021, the Town Manager executed the Standard Project
Administration Agreement Federal-aid Projects and Appendix A for the Project;
and
WHEREAS, the Standard Project Administration Agreement Federal-aid Projects and Appendix
A for the Project were executed by VDOT authorized officials on February 8, 2021;
and
WHEREAS, the Town agrees to provide the administrative services to manage the grant through
the completion of the Project; and
WHEREAS, the said grant requires a minimum local match of twenty percent (20%); and
WHEREAS, said match is to be funded by $95,200.00 from the Town’s capital improvement
program in Fiscal Year 2022 and Fiscal Year 2023, and also by a $30,000 cash
donation from Pathfinders for the Greenways.
NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby accept
the (VDOT) MAP-21 Transportation Alternatives Fiscal Year 2021 Program funds in the amount
of $380,800.00 to be included in the FY2022 Budget and approves the following transaction to
record the $30,000 Pathfinders match:
2
BUDGET ENTRY
GENERAL LEDGER:
400.25000 ESTIMATED REVENUE $30,000
400.25100 APPROPRIATIONS $30,000
FROM REVENUE:
400.1901.001 RECOVERIES AND REBATES $30,000
TO EXPENDITURE:
400.8101.545 GREENWAY EXP MATCH $30,000
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
May 18, 2021
Department
Administration
Issue
Introduction of Assistant Town Manager
Summary
The Town Manager will introduce Cody Sexton, the new Assistant Town Manager.
Attachments
None
Recommendations
No Action Required
Town Council
Agenda Summary
Meeting Date
May 18, 2021
Department
Council
Issue
Proclamation - National Police Week (May 9-15)
Summary
In 1962, President John F. Kennedy declared May 15 as Peace Officers Memorial Day, and the
week in which it falls as National Police Week. On April 29th with the assistance of RVTV, the
Mayor, Vice Mayor and Police Chief along with other members of the Police Department recorded
a video declaring May 9-15, 2021 as National Police Week in the Town.
Attachments
None
Recommendations
Show video
Town Council
Agenda Summary
Meeting Date
May 18, 2021
Department
Council
Issue
Proclamations - National Public Works Week (May 16-22)
Summary
The American Public Works Association advocates the recognition and celebration of Public
Works Week in all cities, counties, and towns across the U.S The year 2021 marks the 61st annual
National Public Works Week sponsored by the American Public Works Association. On April
29th with the assistance of RVTV, the Mayor, Vice Mayor and Public Works Director along with
other members of the Public Works Department recorded a video declaring May 16-22, 2021 as
National Public Works Week in the Town.
Attachments
None
Recommendations
Show video
Town Council
Agenda Summary
Meeting Date
May 18, 2021
Department
Planning and Zoning
Issue
Proclamation – Arbor Day (May 25)
Summary
The Town of Vinton has been designated as a Tree City USA for the past 19 years. In order to
retain the Tree City USA designation, the Town is required to hold an Arbor Day Celebration,
along with tree plantings and tree education outreach each year.
Staff has been responsible for securing Virginia Department of Forestry grant funding each year,
including this year (20 years), by partnering with Valley Beautiful and Roanoke Valley-Alleghany
Regional Commission (RVARC) in submitting the grant request with the Town providing the
required matching funds. These funds have enabled the Town to plant trees on public properties,
including the elementary schools in Vinton, Wolf Creek Greenway, M.A. Banks Park, on the
grounds of Vinton Public Works, Vinton War Memorial, Vinton Municipal Building, Craig
Avenue Recreation Center, and Glade Creek Greenway.
For this year’s 2021 Arbor Day Celebration, the event will be celebrated in conjunction with the
Glade Creek Greenway Phase II Ribbon Cutting at the Glade Creek Greenway Trailhead. The
event will be held on Tuesday, May 25, 2021 beginning at 9:00 a.m.
Attachments
Invitation
Program
Proclamation
Recommendations
Present Proclamation
Town Council
Agenda Summary
GLADE CREEK GREENWAY PHASE II RIBBON CUTTING
& ARBOR DAY 2021 CELEBRATION
Tuesday, May 25 | 9:00 AM | Glade Creek Phase II Trailhead
WELCOME & INTRODUCTION OF GUESTS
Richard “Pete” Peters
Town Manager, Town of Vinton
RECOGNITION OF CONTRIBUTORS & VOLUNTEERS
Bradley E. Grose
Mayor, Town of Vinton
GUEST SPEAKERS
P. Jason Peters
Chairman, Roanoke County Board of Supervisors
Frank Simms
Chairman, Roanoke Valley Greenway Commission
ARBOR DAY PROCLAMATION & TREE PLANTING
Dennis “Denny” McCarthy
Forester, Virginia Department of Forestry
CLOSING REMARKS & GREENWAY RIBBON CUTTING
Bradley E. Grose
Mayor, Town of Vinton
\-1 ... ··;·"·l.j
. ,
; : ' ;
.
, •
IATION
WH£R£AS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special
day be set aside for the planting of trees; and
WH£REAS, this holiday, called Arbor Day, was first observed with the planting of more than a
million trees in Nebraska; and
WHER£AS, Arbor Day is now observed throughout the nation and the world; and
WHE.R£AS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and
cooling costs, moderate the temperature, clean the air, produce oxygen and provide
habitat for wildlife; and
WH£R£AS, trees are a renewable source giving us paper, wood for our homes, fuel for our fires
and countless other wood products; and
WHEREAS, trees in our town increase property values, enhance the economic vitality of business
areas, and beautify our community; and
WHER£AS, trees, wherever they are planted, are a source of joy and spiritual renewal.
NOW, TH£REFOR£. I, Bradley E. Grose, Mayor of the Town of Vinton, and on behalf of Town Council
and all our citizens, do hereby proclaim May 25, 2021 as ARBOR DAY in the Town of Vinton, and
urge all citizens to plant trees to gladden the hearts and promote the well-being of this and future
generations.
IN WITNESS WHER£0F, I have set my hand and caused the seal of the Town of Vinton, Virginia to be
affixed on this 18th of May, 2021.
Bradley E. Grose, Mayor
1
Meeting Date
May 18, 2021
Department
Administration
Issue
Briefing on proposed Performance Agreement and Industrial Revitalization Fund Loan with Gish
Mill Davii, LLC and a Memorandum of Understanding with Roanoke County for financial support
for the rehabilitation and redevelopment of the historic Gish Mill property.
Summary
The proposed Gish Mill redevelopment project will generate new and increased revenue for the
Town of Vinton through the collection of Prepared Food & Beverage Tax, Sales Tax, Transient
Occupancy Tax, Personal Property Tax, Business License Tax and Real Estate Tax. The proposed
project is also projected to generate new and increased revenue for Roanoke County through the
collection of Sales Tax, Personal Property Tax and Real Estate Tax. In total, the Gish Mill project
is expected to generate in excess of $165,000 annually in combined increased tax revenues for the
Town and County.
The total private investment towards the purchase and renovation of Gish Mill is anticipated to be
in excess of $2.7 million and will create nearly 14,000 square feet of move-in ready leasable
commercial and residential space, generate in excess of 40 jobs and serve as a more defined and
attractive gateway in to the Town’s Central Business District.
1. Performance Agreement
The Town of Vinton, in partnership with the Roanoke County Economic Development
Authority, has negotiated terms of a Performance Agreement with Gish Mill Davii, LLC
(Company). The agreement is valued up to $910,000 over a ten year period, which is
intended to incentivize the redevelopment of the Gish Mill property for the benefit of
encouraging the mixed-use commercial, residential and retail development.
2
Financial Terms of the Agreement include:
•A single lump sum payment at closing for public infrastructure, gateway and
parking improvements in the amount of $250,000
•Reimbursement of all Permitting and Utility Connection Fees paid to the Town by
the Company, not to exceed $40,000
•Reimbursement of all Building Permitting Fees paid to the County by the Company,
not to exceed $20,000
•Five equal payments of $80,000 each year in the initial 5 years (years 1-5) of the
agreement
•Five equal payments of $40,000 each year in the last 5 years (yeas 6-10) of the
agreement
•Providing a $468,500 Industrial Redevelopment Loan (IRF)
Performance Terms of the Agreement include:
•A minimum investment of $2,700,000
•Creation and maintaining at least 37 new jobs for 10 years
•Generating and paying at least $40,000 annually in meals taxes to the Town for 10
years
•Repayment of the IRF loan in full to the Town
2.Industrial Revitalization Fund
The Town of Vinton has been awarded an Industrial Revitalization Fund (IRF) in the
amount of $486,750 from the Virginia Department of Housing and Community
Development (DHCD). The Town in partnership with the Roanoke County Economic
Development Authority, intends to provide these funds to Gish Mill Davii, LLC. in the
form of a 30-year loan with a 2.5% Interest Rate and a 20- year deferment.
Upon repayment of the loan, plus interest, the Town may redirect the loan proceeds back
in to a future redevelopment project within the Central Business District. Should the
developer sell the property before the term of the loan is completed, Gish Mill Davii, LLC.,
may pay off the loan in full at the time of closing, or reassign the loan to the new owner
with Town and EDA approval. The Loan also requires a restrictive deed requiring the
property to be maintained for the intended purpose of the loan for the duration of the loan
agreement.
3.Memorandum of Understanding
Roanoke County has agreed to a funding agreement in the form of a Memorandum of
Understanding (MOU) to reimburse the Town for a portion of the Incentive Grant for Gish
Mill in the amount of $40,000, which is to be paid in annual installments over a five (5)
year period. The installments will be based on the net revenue that the County
expects to generate as a result of the redevelopment project. The MOU will also
reimburse up to$20,000 of building permit fees paid to the County.
3
Attachments
PowerPoint Presentation
Performance Agreement with Roanoke County EDA and Gish Mill Davii, LLC.
IRF Loan Agreement
MOU with Roanoke County
Recommendations
No action required
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{00411779.DOCX } 1
LOCAL ECONOMIC DEVELOPMENT
PERFORMANCE AGREEMENT
This Performance Agreement (“Agreement”) is made and entered into this ___ day
of _________________, 2021, by, between, and among the Town of Vinton, Virginia, a
municipality in the Commonwealth of Virginia (the “Town”), the Economic Development
Authority of Roanoke County, Virginia, a political subdivision of the Commonwealth of
Virginia created under the Industrial Development and Revenue Bond Act (the
“Authority”), and Gish Mill Davii, LLC, a limited liability company validly organized and
existing under the laws of the Commonwealth of Virginia (the “Company”). Collectively,
the Town, Authority, and Company may be referred to herein as the “Parties.”
RECITALS:
WHEREAS, the Company has entered into a Contract of Sale with the Town of
Vinton dated April 8, 2020, to acquire certain real property, together with all improvements
thereon and all rights and appurtenances thereunto pertaining, located in the County of
Roanoke, Virginia, Parcels ID 060.11-04-22.00-0000 (350 Gus Nicks Blvd) and 060.11-04-
23.00-0000 (0 Gus Nicks Blvd), and located in the City of Roanoke, Virginia, Parcel ID
3410617 (0 Brook St. NE); and commonly known as Gish Mill (collectively the “Property”);
and
WHEREAS, the Company intends to renovate the Property and lease to Tenants.
The Company, directly or indirectly through its Tenants, will be making a significant
Capital Investment, as hereinafter defined, in the Town, will be creating and maintaining
a significant number of New Jobs, as hereinafter defined, in the Town, and will be
collecting and remitting to the Town Meals Tax Revenue, as hereinafter defined (the
“Project”); and
WHEREAS, the Town and the Authority recognize that the Company’s renovation
and leasing of the Property will promote economic development in the Town and provide
additional tax revenue, employment opportunities, and contribute to the vitality of the
area; and
WHEREAS, the Town is willing to provide funds to the Authority for the Authority
to provide a Local Economic Development Incentive Grant to the Company (the “Local
Grant”) for the purpose of inducing the Company to renovate the Property for use by
Tenants and Tenants’ customers, thereby directly and indirectly making a significant
Capital Investment in the Town, creating and maintaining a significant number of New
Jobs in the Town, and generating Meals Tax Revenue in the Town; and
WHEREAS, the Virginia Department of Housing & Community Development (the
“DHCD”) awarded to the Town of Vinton an Industrial Revitalization Fund grant
(“IRF Grant”) in the amount of $468,750 for ultimate use by the Company to renovate the
Property into the finished Project as described herein; and
{00411779.DOCX } 2
WHEREAS, on _________________, 2021, the Town entered into an agreement
with the DHCD for an IRF Grant with the understanding that the Authority will act as a
pass-through entity for the IRF Grant in the form of a Loan to allow Company to undertake
and complete the Project on the Property; and
WHEREAS, the Town is willing to provide the IRF Grant funds to the Authority for
the Authority to provide a Loan to the Company (the “IRF Loan”) as per terms of the Loan
Agreement for the purpose of the Company to renovate the Property for use by Tenants
and Tenants’ customers, thereby directly and indirectly making a significant Capital
Investment in the Town, creating and maintaining a significant number of New Jobs in the
Town, and generating Meals Tax Revenue in the Town; and
WHEREAS, as the Loan is repaid by the Company to the Authority, the Authority
will pay the funds to the Town so the Town may use the funds on future redevelopment
projects; and
WHEREAS, the acquisition, renovation, and development of the Property will
require a Capital Investment by the Company and its Tenants of at least $2,700,000,
inclusive of the Local Grant and IRF Loan provided pursuant to this Agreement; and
WHEREAS, the Company and its Tenants will create and maintain at least 37 full-
time equivalent New Jobs; and
WHEREAS, the stimulation of additional tax revenue and economic activity to be
generated by the Capital Investment, New Jobs and Meals Tax Revenue constitute valid
public purposes for the expenditure of public funds and is the animating purpose for the
Local Grant and the IRF Loan:
WITNESSETH:
NOW THEREFORE, in consideration of the foregoing premises, the mutual
benefits, promises, and undertakings of the parties to this Agreement as set forth below,
and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Parties do covenant and agree as follows:
I. Definitions.
For the purposes of this Agreement, the following terms shall have the following
definitions, unless the context or manifest purpose of this Agreement indicate otherwise:
Capital Investment means an expenditure by the Company, directly or indirectly
through its Tenants, in an amount not less than $2,700,000 for the renovation of the
Property, including engineering, architectural, developer and legal fees, building
construction costs, and furniture, fixtures and equipment, all of which must be incurred
and paid no later than the Capital Investment Performance Date.
{00411779.DOCX } 3
Lease means the lease of at least 33% of the leasable space within the building
located on the Property to one or more Tenants of the Company, which must be under
lease no later than the Leased Premises Performance Date.
Maintain means that the New Jobs created pursuant to this Agreement with the
assistance of the Local Grant and IRF Loan will continue without interruption from the Job
Creation Performance Date through the Job Maintenance Performance Date.
New Jobs means new permanent full-time equivalent employment of an indefinite
duration at the Property for which the Company or its Tenant pays an average hourly
wage of at least $10.00. Each New Job must require a minimum of either (i) 35 hours per
week of an employee’s time for the Tenant’s normal year, which “normal year” must
consist of at least 48 weeks, or (ii) 1,680 hours per year. Part-time positions may be
aggregated to equal a full-time equivalent position. Seasonal or temporary positions with
construction contractors, vendors, suppliers, and similar multiplier or spin-off jobs shall
not qualify as New Jobs. All New Jobs must be created no later than the Job Creation
Performance Date and maintained through the Job Maintenance Performance Date.
Meals Tax Revenue means the annual amount of tax revenue collected by the
Town of Vinton on meals purchased from the Company and/or its Tenants under Article
V, Tax on Prepared Food and Beverages, of Chapter 86 of the Vinton Town Code, as
amended.
Performance Date means, for each respective Target, the following:
a. Capital Investment Performance Date – the date on which Company or
any of its Tenants makes its first taxable sale of food and/or beverages
(the “Opening Date”), which date shall be no later than December, 31,
2022,
b. Leased Premises Performance Date – the Opening Date, which date
shall be no later than December, 31, 2022,
c. Job Creation Performance Date – the Opening Date, which date shall
be no later than December, 31, 2022,
d. Job Maintenance Performance Date – that date which is ten (10) years
after the Opening Date, which date shall be no later than December, 31,
2032, and
e. Meals Tax Revenue Performance Date – that date which is ten (10)
years after the Opening Date, which date shall be no later than
December, 31, 2032.
If the Town deems that good faith and reasonable efforts have been made and are
being made by the Company and its Tenants to achieve the Target(s) by the respective
Performance Date, the Town may, in its sole discretion, extend any or all of the
{00411779.DOCX } 4
Performance Dates by up to 12 months. If any Performance Date is extended, the Town
shall send written notice of the extension to the Authority and the Company and the date
to which any Performance Date has been extended shall become the new “Performance
Date” for the Target that is the subject of the extended Performance Date.
Target means the Company’s obligations pursuant to this Agreement to: (i) make,
directly or indirectly through its Tenants, Capital Investments in the Property of at least
$2,700,000; (ii) lease at least 33% of leasable space within the building located on the
Property to Tenants; (iii) create, directly or indirectly through its Tenants, at least 37 New
Jobs at the Property; (iv) maintain, directly or indirectly through its Tenants, at least 37
New Jobs at the Property; and (v) annually collect and remit to the Town a minimum of
$40,000 in Meals Tax Revenue from the Property, all as of the respective Performance
Dates.
Tenants mean the entity or entities that lease all or portions of the Property, make
Capital Investments in the Property, create and Maintain New Jobs at the Property, and
collect and remit to the Town Meals Tax Revenue from the Property. The Company shall
be credited for any Capital Investment at the Property made by Tenants as of the Capital
Investment Performance Date, any New Jobs at the Property created by Tenants as of
the Job Creation Performance Date, any New Jobs Maintained at the Property by Tenants
as of the Job Maintenance Performance Date, and any Meals Tax Revenue collected by
Tenants at the Property and remitted to the Town by the Meals Tax Revenue Performance
Date.
Year, for the purposes of this Agreement, means any 12 month period
commencing on the Opening Date, or anniversary of the Opening Date.
II. Targets.
The Company will, directly or indirectly through its Tenants, make a Capital
Investment of not less than $2,700,000 in the Property by the Capital Investment
Performance Date. The development must be undertaken pursuant to plan presented to
and approved by the Town, provided that such approval by the Town shall not be
unreasonably withheld, conditioned, or delayed.
The Company will Lease at least 33% of the leasable space within the building
located on the Property to Tenants by the Leased Premises Performance Date.
The Company will, directly or indirectly through its Tenants, create 37 New Jobs
at the Property by the Job Creation Performance Date.
The Company will, directly or indirectly through its Tenants, maintain 37 Jobs at
the Property from the Job Creation Performance Date through the Job Maintenance
Performance Date. On each anniversary of the Job Creation Performance Date, until the
Job Maintenance Performance Date, the Company will annually report to the Town and
the Authority whether it has continued to Maintain, directly or indirectly through its
Tenants, 37 New Jobs at the Property.
{00411779.DOCX } 5
The Company will, directly or indirectly through its Tenants, collect from the
Property and remit to the Town a minimum of $40,000 annually in Meals Tax Revenue.
Annual Local Grant payments under Section III of this Agreement will be reduced by the
difference between $40,000 and the amount of Meals Tax Revenue actually collected
and remitted in any Year. For example, if the Company, directly or indirectly through its
Tenants, collects and remits $35,000 in Meals Tax Revenue in any Year, then its next
ensuing annual Local Grant payment will be reduced by $5,000 .
III. Local Grant.
The Local Grant will be paid by the Authority to the Company in multiple
installments as an inducement to the Company to achieve and Maintain the Targets. The
Town will provide the funds to the Authority for the purpose of making the Local Grant as
set forth herein. The Company shall use the Local Grant proceeds only for expenses
directly related to achieving and Maintaining the Targets, and for no other purpose. The
maximum amount of the Local Grant shall be $910,000.
Upon receipt of the Local Grant proceeds from the Town, the Authority shall
disburse the Grant proceeds in multiple payments to the Company as follows:
A. Payment at Closing: At the time the Town and Company close on the
conveyance of the Property under the April 8, 2020 Contract of Sale, the Town will pay to
the Authority and the Authority will pay to the Company a single lump sum grant for public
infrastructure and parking improvements in the amount of $250,000.
B. Payment Upon Tenant Opening: When the Property’s first Tenant opens for
business, the Town will pay to the Authority and the Authority will pay to the Company a
grant equal to the amount of all the Permitting and Utility Connection Fees paid to the
Town by the Company and/or its Tenants, which grant amount will not exceed $40,000;
and the Town will pay to the Authority and the Authority will pay to the Company a grant
equal to the amount of Building Permitting Fees paid to the County by the Company
and/or its Tenants, which grant amount will not exceed $20,000. The total amount granted
to Company for permitting and connections fees shall not exceed $60,000.
C. Annual Payments: (i) Commencing one (1) Year after the Opening Date
and continuing for four consecutive years thereafter, the Town will pay to the Authority
and the Authority will pay to the Company four equal installments from the Local Grant
proceeds, each in the amount of $80,000; and (ii) Commencing six (6) Years after the
Opening Date and continuing for four consecutive years thereafter, the Town will pay to
the Authority and the Authority will pay to the Company four equal installments from the
Local Grant proceeds, each in the amount of $40,000, provided the Company has
delivered to the Town and the Authority notice and evidence satisfactory of the
Company’s achieving and Maintaining the Targets as follows:
a. On or before the Opening Date, the Company shall provide notice and
evidence reasonably satisfactory to the Town and the Authority of the amount of
{00411779.DOCX } 6
Capital Investment that it has made at the Property, either directly or indirectly
through its Tenants.
b. On or before the Opening Date, the Company shall provide notice and
evidence reasonably satisfactory to the Town and the Authority of the Leases that
have been executed for the Property, including the aggregate percentage of the
Property that is under Lease, the Tenants under the Leases, and the durations of
the Leases.
c. On or before the Opening Date, the Company shall provide notice and
evidence reasonably satisfactory to the Town and the Authority of the number of
New Jobs that it has created at the Property, either directly or indirectly through its
Tenants.
d. On or before each anniversary of the Opening Date, until the Job Maintenance
Performance Date, the Company shall provide notice and evidence reasonably
satisfactory to the Town and the Authority that it has, either directly or indirectly through
its Tenants, Maintained 37 New Jobs at the Property from the Job Creation Performance
Date through the date of the notice and evidence.
e. On or before each anniversary of the Opening Date, until the Meals Tax
Revenue Performance Date, the Company shall provide notice and evidence
reasonably satisfactory to the Town and the Authority of the amount of Meals Tax
Revenue it has collected from the Property and remitted to the Town, either directly
or indirectly through its Tenants.
f. All of the foregoing evidence will be subject to verification by the Town and
the Authority, and the Town and Authority reserve the right to request additional
information from the Company as necessary for such verification. The Company
will be solely responsible for obtaining from Tenants and delivering to the Town
and Authority any and all information needed to verify the Targets.
Within 30 days of its receipt of any of the foregoing Local Grant proceeds from the
Town, the Authority will disburse such Local Grant proceeds to the Company.
The Company shall forfeit future payments from the Local Grant if, at any time, it:
(i) fails to timely achieve any Target required under this Agreement by the respective
Performance Date; (ii) fails to timely provide the Town and Authority with notice and
evidence reasonably satisfactory to the Town and the Authority that demonstrates that
the Company has, directly or indirectly through its Tenants, achieved and Maintained the
Targets as of the respective Performance Date; (iii) transfers or conveys, or attempts to
transfer or convey, fee simple ownership of all or any portion of the Property to any entity
without the prior consent of the Town and the Authority; or (iv) breaches any other
provision of this Agreement which breach is not cured within thirty (30) days of written
notice of such breach to the Company from either the Town or the Authority.
IV. IRF Loan.
{00411779.DOCX } 7
Upon receipt of the proceeds of the IRF Grant, the Town will provide the IRF Grant
funds to the Authority and the Authority will loan those funds to the Company pursuant to
the IRF Loan. The Town is responsible for undertaking any budgetary, appropriation, or
other necessary financial or legal actions to effect this transfer.
Upon closing of the transfer of the proceeds of the IRF Loan to the Company, the
Authority and the Town shall execute and record a Restriction Agreement and a Deed of
Trust on the Subject Property in substantially the form attached hereto in the documents
entitled “Restriction Agreement” and “Deed of Trust.” The Company shall cooperate as
needed in the preparation, execution and recording of the foregoing documents; provided,
however, the Town shall bear the expense of recording.
Terms of the IRF Loan are subject to the Loan Agreement and Promissory Note
among the Town, the Authority and the Company. In the event the Company defaults on
its obligations under the Loan Agreement and Promissory Note, the Authority will, in
consultation with the Town, give notice to the Company of its repayment obligations. In
the event that the Company is unwilling or unable to repay its obligations and upon
request of the Authority, the Town will provide legal counsel to the Authority and all
attorney’s fees and costs of collection, for the purpose of enforcing the Loan Agreement
and Promissory Note. Further, the Town agrees to reimburse the Authority for its costs
in any action and any expenses caused to enforce the Loan Agreement.
In the event the Company defaults on its obligations under the Restriction
Agreement such that Section 3 of the Restriction Agreement is triggered, the Authority
will, in consultation with the Town and DHCD, promptly calculate the Company’s liability
and give notice to the Company of its accelerated repayment obligations. In the event
that the Company is unwilling or unable to repay its obligations and upon request of the
Authority, the Town will provide legal counsel to the Authority and all attorney’s fees and
costs of collection, for the purpose of enforcing the Restriction Agreement in accordance
with Section 3 thereof. Further, the Town agrees to reimburse the Authority for its costs
in any action and any expenses caused by DHCD’s effort to enforce the Restriction
Agreement.
Any amount the Town is required to pay for attorney’s fees and costs on behalf of
the Authority under either of the preceding paragraphs shall be for the Company’s
account, and the Company shall pay such amount to the Town upon written demand.
The Company shall indemnify and hold the Town harmless for all such amounts.
Any material breach of the Loan Agreement, Promissory Note, Restriction
Agreement, and/or Deed of Trust will constitute a material breach of this Agreement.
Nothing herein will limit the Town’s or Authority’s ability to enforce all other
available rights and remedies it may have at law or in equity in the event the Company
defaults on any of its obligations under any of the aforementioned transaction documents,
including without limitation the right to foreclose on the Deed of Trust and/or demand
payment under any unconditional guaranty.
{00411779.DOCX } 8
V. Reporting.
The Company shall annually provide, at the Company’s expense, detailed
verification reasonably satisfactory to the Town and the Authority of the Company’s
progress on the Targets. For the purposes of verifying the accuracy of reports, and for no
other purpose, the Company hereby waives its protections under Section 58.1-3 of the
Code of Virginia, 1950, as amended, and authorizes the Commissioner of the Revenue
for Roanoke County, Virginia, to provide verification to the Town and the Authority from
her records; provided, however, that such disclosure shall not waive the protections of §
58.1-3 as to any other person, nor authorize the Town or the Authority to disclose such
information to any other person. The Company will be solely responsible for obtaining
and providing detailed verification reasonably satisfactory to the Town and the Authority
of Capital Investment made by Tenants to be credited towards the Company’s Capital
Investment obligation and New Jobs created and Maintained by Tenants to be credited
towards the Company’s New Jobs obligation
VI. Repayment; Forfeiture.
The Company will forfeit future annual Local Grant payments referenced in Section
III if it fails to Maintain the required number of New Jobs from the Job Creation
Performance Date through the Job Maintenance Performance Date. The Company’s
failure to Maintain the required number of New Jobs shall not require the repayment of
prior Local Grant payments. The Company’s failure to collect and remit to the Town a
minimum of $40,000 in Meals Tax Revenue annually will result in an equal reduction in
the amount of annual Local Grant payments.
VII. Notices.
Any notices required or permitted to be given under this Agreement shall be given
in writing, and shall be deemed to be received upon receipt or refusal after mailing of
same in the United States by First-Class U.S. Mail, certified, postage prepaid, or by
customary commercial overnight courier (refusal shall mean return of certified mail or
overnight courier package not accepted by addressee):
GISH MILL DAVII, LLC.
120 Campbell Avenue, SW
Roanoke, VA 24011
SPIGLE, MASSEY & CLAY, PLC
8166 Roanoke Road
Fincastle, VA 24090
Attn: David Spigle
ECONOMIC DEVELOPMENT
AUTHORITY OF ROANOKE COUNTY,
VIRGINIA
5204 Bernard Drive
Room 421
ROANOKE COUNTY ATTORNEY’S
OFFICE
5204 Bernard Drive
Fourth Floor
Roanoke, Virginia 24018
{00411779.DOCX } 9
Attn: Stephen A. Musselwhite, Chairman
If to the County, to:
TOWN OF VINTON, VIRGINIA
311 Pollard Street
Vinton, Virginia 24179
Attn: Richard W. Peters, Jr., Town Manager
With a copy to:
TOWN ATTORNEY
Guynn, Waddell, Carroll & Lockaby, P.C.
415 South College Avenue
Salem, Virginia 24153
Attn: Jeremy E. Carroll
The addresses set forth in this section only may be amended by sending written notice to
all other parties of a change of address, without need of signed amendment to this
Agreement.
VIII. Miscellaneous.
Indemnity. The Company agrees to indemnify, defend, and hold the Authority, the
Town, and their officers, directors, and employees, free and harmless for and from any
and all claims, causes of action, damages or any liability of any type, including reasonable
attorneys’ fees, on account of any claims by or any injury or damage to any persons or
property growing out of or directly or indirectly resulting or arising in any way out of any
actions, omissions or activities of the Company or its agents, employees or
representatives arising out of or connected in any way to any of the matters involved in
this Agreement or its performance, including without limitation the Company’s
performance or failure to perform under the Loan Agreement, Promissory Note,
Restriction Agreement, and/or Deed of Trust.
Integration. This Agreement, including the documents referenced herein,
constitutes the full and complete understanding of the Parties respecting its subject
matter, and any prior or contemporaneous agreements or understandings, written or oral,
are hereby merged into and superseded by the provisions of this Agreement. This
Agreement may only be amended or supplemented by a subsequent writing of equal
dignity except where expressly set forth herein. This Agreement may not be assigned by
a Party without the prior written consent of the other Parties.
No covenants of officials. No covenant, agreement or obligation contained in this
Agreement shall be deemed to be a covenant, agreement or obligation of any present or
future director, officer, employee or agent of the Authority or the Town in his or her
individual capacity, and neither Town officials nor the directors of the Authority nor any
officer, employee or agent thereof executing this Agreement or any related instrument
shall be liable personally on this Agreement or such instrument or be subject to any
personal liability or accountability by reason of the execution and delivery thereof. No
director, officer, employee or agent of the Authority or the Town shall incur any personal
liability with respect to any other action taken by him or her pursuant to this Agreement
or the Industrial Development and Revenue Bond Act or any of the transactions
contemplated hereby or thereby, provided he acts in good faith.
{00411779.DOCX } 10
Not a pledge of full faith and credit. Any obligation of the Town to pay, set aside,
or otherwise appropriate funds for performance of this Agreement shall be construed to
be subject to appropriation, and shall not be construed to be in derogation of Article VII §
10 of the Virginia Constitution. THE OBLIGATIONS OF THE AUTHORITY UNDER THIS
AGREEMENT ARE NOT GENERAL OBLIGATIONS OF THE AUTHORITY BUT ARE
LIMITED OBLIGATIONS PAYABLE SOLELY FROM THE REVENUES AND RECEIPTS
DERIVED BY THE AUTHORITY FROM THE TOWN PURSUANT TO THIS
AGREEMENT. THE OBLIGATIONS OF THE AUTHORITY AND THE TOWN
HEREUNDER SHALL NOT BE DEEMED TO CONSTITUTE A DEBT OR A PLEDGE OF
THE FAITH AND CREDIT OF THE COMMONWEALTH OF VIRGINIA OR ANY
POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE
TOWN.
Rule of construction for dates. If any action is required to be performed, or if any
notice, consent or other communication is given, on a day that is a Saturday or Sunday
or a legal holiday in the Commonwealth of Virginia, such performance shall be deemed
to be required, and such notice, consent or other communication shall be deemed to be
given, on the first business day following such Saturday, Sunday or legal holiday. Unless
otherwise specified herein, all references in this Agreement to a “day” or “days” shall refer
to calendar days and not business days.
Choice of law; Forum Selection. This Agreement shall be construed according to
the laws of the Commonwealth of Virginia without regard to its principles of conflicts of
laws. The Parties consent to exclusive venue and jurisdiction in any state court of
competent jurisdiction in Roanoke County, Virginia or the United States District Court for
the Western District of Virginia, Roanoke Division.
Attorneys’ fees. The Parties agree that, except as specifically provided in this
Agreement, if any Party pursues legal action to enforce the terms of this Agreement, the
American Rule shall apply and each Party shall bear its own attorneys’ fees and expert
costs and no fee shifting shall occur.
Drafter & Severability. This Agreement has been jointly drafted by the Parties, and
is to be construed as jointly drafted and not be construed against any of the Parties as
the drafter. This Agreement is severable, and if any provision is found to be invalid by any
court of competent jurisdiction, the remainder shall survive. The section and paragraph
headings in this Agreement are for convenience of reference only and do not modify or
restrict any provisions hereof and shall not be used to construe any provisions of this
Agreement.
Covenant of Authority. All Parties warrant that the signatories below have full
authority, and have undertaken such legal actions as may be necessary to ensure such
authority, to bind the entities of which they are representatives to the full extent permitted
by law. Company agrees that, during the term of this Agreement, it shall not allow its
existence to lapse or its authorization to transact business in the Commonwealth of
Virginia to be revoked or cancelled at any time. This Agreement may be executed by
facsimile, electronic or original signature of the parties and in counterparts which,
{00411779.DOCX } 11
assuming no modification or alteration, shall constitute an original and when taken
together, shall constitute one and the same instrument.
Time of the Essence. Time is of the essence of all obligations set forth herein for
which a time is stated.
Waiver. The failure of any Party to this Agreement to insist upon strict compliance
with any term herein shall not be construed to be a waiver of that requirement.
No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is
intended to confer any rights or remedies upon any person, other than the Parties hereto
and, subject to the restrictions on assignment herein contained, their respective
successors and assigns.
Assignment of Agreement. Any obligation under this Agreement may be assigned
to a third party with the prior written consent of all Parties and upon such terms as may
be set forth in such consents. Any such assignment, however, shall not relieve the
Company from any of its obligations under this Agreement.
Town Attorney approval. This Agreement has been approved as to form by the
Town Attorney of the Town of Vinton, Virginia. Any amendment that is not approved as
to form by the Town Attorney is void and of no force and effect.
Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be construed to be an original and production of all of which shall not be
necessary to prove the contents of this Agreement.
IN WITNESS WHEREOF, see the following signatures, of even date herewith:
[SIGNATURES ON FOLLOWING PAGE]
{00411779.DOCX } 12
TOWN OF VINTON, VIRGINIA:
Richard W. Peters, Jr.
Town Manager
Approved as to legal form:
Jeremy E. Carroll
Town Attorney
ECONOMIC DEVELOPMENT AUTHORITY
OF ROANOKE COUNTY, VIRGINIA
Stephen A. Musselwhite
Chairman
Approved as to legal form:
____________________________
Peter S. Lubeck
Roanoke County Attorney, as Counsel for the EDA
GISH MILL DAVII, LLC
By: David P. Hill, Partner
_________________________________
By: David B. Trinkle, Partner
{00411543.DOCX 3} 1
LOAN AGREEMENT AMONG THE TOWN OF VINTON, VIRGINIA,
THE ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE COUNTY,
VIRGINIA, AND GISH MILL DAVII, LLC
FOR THE INDUSTRIAL REVITALIZATION FUND LOAN FUNDS
This Loan Agreement for Industrial Revitalization Fund Loan Funds (“Agreement”) is
made and entered into this _____ day of _______, 2021, by and among Gish Mill Davii, LLC.
("Borrower"), the Town of Vinton, Virginia ("Town") and the Economic Development
Authority of Roanoke County, Virginia (the “EDA”).
WITNESSETH
WHEREAS, the Virginia Department of Housing and Community Development
(“DHCD”) awarded the Town an Industrial Revitalization Fund Grant (“IRF Grant”) for the
purpose of redeveloping the Gish Mill Property located within the Town of Vinton, Virginia;
and
WHEREAS, the DHCD requires that the Town shall grant the IRF Grant funds to the
EDA and the EDA shall loan those funds to Gish Mill Davii, LLC for undertaking the Gish
Mill Redevelopment Project which is designed to rehabilitate the historic structure and, among
other objectives, create new jobs within the Town (“IRF Loan”); and
WHEREAS, the Borrower may use the IRF Loan proceeds to remodel existing
buildings, improve the surrounding property, and purchase fixtures, machinery, and
equipment; and
WHEREAS, the Borrower shall repay the IRF Loan to the EDA in accordance with
the terms of this Agreement, and the EDA shall transfer all repaid loan funds to the Town.
NOW, THEREFORE, for and in consideration of the mutual promises contained
herein, the parties agree as follows:
1. Exclusively from funds granted to the Town by the DHCD pursuant to the IRF Grant,
the Town shall grant to the EDA the amount of Four-hundred Sixty-eight Thousand and Seven
Hundred and Fifty Dollars ($468,750.00) to be used by the EDA exclusively for the IRF Loan
to Borrower under this Agreement.
{00411543.DOCX 3} 2
2. The EDA shall loan to Borrower, pursuant to the terms of this Agreement, the amount
of Four-hundred Sixty-eight Thousand and Seven Hundred and Fifty Dollars ($468,750.00) to
be used by the Borrower exclusively for the Gish Mill Redevelopment Project. The EDA will
administer the loan.
3. Borrower shall repay said loan over a period of thirty (30) years, with no payments
required during the first twenty (20) years following closing. Interest shall accrue at a rate of
zero percent (0%) per annum during the initial twenty (20) years following closing. Interest
shall begin to accrue on the loan’s outstanding principal balance on the first day following the
twentieth (20th) anniversary of closing at a rate of two and one half per centum (2.5%) per
annum. Beginning on first day of the first full month following the twentieth (20th) anniversary
of closing, and continuing on the first day of each succeeding month until the loan is repaid in
full, Borrower shall pay to the EDA all principal and accrued interest under this loan. If the
twentieth (20th) anniversary of closing is in the middle of a month, then daily interest shall be
charged to Borrower for the remainder of such month and added to Borrower’s accrued interest
payment obligation. Borrower shall make one-hundred and twenty (120) equal monthly
payments of principal and interest on the date when due in immediately available funds;
provided, however, Borrower may pay the principal balance of the loan, or any portion thereof,
plus accumulated interest, to the EDA at any time prior to the due date, without penalty.
4. As a condition of said loan, Borrower shall execute a Promissory Note, Deed of Trust,
Performance Agreement, Restriction Agreement, and such other documents as the Town and/or
EDA deem appropriate (collectively, the “Transaction Documents”). The Promissory Note and
Deed of Trust shall further evidence the payment obligation agreed to by Borrower under this
Agreement. Said Transaction Documents shall be in a form acceptable to counsel for the Town
and the EDA, and shall contain certain penalties for failure to pay, as specified in the terms of
such documents.
The collateral offered by the Borrower(s) to secure the repayment of this loan is as
follows:
County of Roanoke, Virginia, Parcel ID 060.11-04-22.00-0000 (350 Gus Nicks Blvd);
County of Roanoke, Virginia, Parcel ID 060.11-04-23.00-0000 (0 Gus Nicks Blvd); and
City of Roanoke, Virginia, Parcel ID 3410617 (0 Brook St. NE);
{00411543.DOCX 3} 3
which collectively are known as the Gish Mill Property
3. Borrower represents and warrants that:
a. It is, or as of closing will be, the sole owner of the above-described collateral
and that the above-described collateral is free and clear of all other notes, mortgages, deeds of
trusts, pledges, security interests, liens, mortgages and similar encumbrances, other than that
certain deed of trust on the collateral for the benefit of Freedom First Credit Union securing a
construction loan for the Gish Mill Redevelopment Project, or that such instruments will be
subordinated to the Town’s interest in same, and that, at closing, the Town will be in no lower
than a second priority position, behind the foregoing Freedom First Credit Union Deed of Trust,
over said collateral.
Town shall have the right, but not the obligation, to conduct a title search, UCC lien
search, or similar review of any liens or encumbrances against the collateral prior to closing,
and Borrower shall cooperate in such process and shall be responsible for all costs and expenses
connected with such searches and reviews. If the results of such search or review are
unsatisfactory to Town for any reason, Town shall have the right to either cancel or terminate
this Agreement, or to give Borrower an opportunity to remedy the defect found in the collateral
review process.
b. It is a duly created, validly existing, and in good standing limited liability
company under the laws of the Commonwealth of Virginia.
c. It has all powers, licenses, authorizations, and consents and approvals required
to exist and to enter into this Agreement and the other Transaction Documents.
d. The execution and delivery by Borrower of the Transaction Documents are fully
within its power, have been duly authorized as may be required by law, and are legal, binding,
valid and enforceable obligations of Borrower.
4. Borrower shall strictly comply with all terms and conditions of this Agreement and all
local, state and federal laws, rules and regulations applicable to the Gish Mill Redevelopment
Project. The terms and conditions of this Agreement shall include all of the terms and
requirements contained in the Town’s contract with the Virginia Department of Housing and
Community Development for the Industrial Revitalization Fund grant proceeds.
{00411543.DOCX 3} 4
5. Borrower shall use the loan proceeds only for the improvement of the collateral
identified above. Failure to use loan proceeds for these purposes shall be a breach of this
Agreement which shall cause the entire amount loaned hereunder, together with all accrued
interest and fees, to be due in full at the time of such breach.
6. Borrower hereby irrevocably consents to the Town’s or the EDA’s entry, or the entry of
an authorized agent of either of the foregoing, at such reasonable dates and times as they may
deem necessary to ensure that the Borrower is using IRF Loan proceeds for the Gish Mill
Redevelopment Project and that it is carrying out the project in a good and workmanlike manner.
7. As a condition of making the loan, and as a continuing requirement of this Agreement,
Borrower shall strictly comply with all terms as follows, but not be limited to: (i) timely and full
repayment of the Promissory Note executed by Borrower; (ii) the achieving and maintaining
of the Targets (as defined in the parties’ Performance Agreement dated as of ________, 2021)
that are required for the loan; (iii) maintaining for the life of the loan the collateral described
herein and not allowing such collateral to lose its value (except for ordinary wear and tear);
(iv) keeping adequate casualty insurance on the collateral as required herein; (v) not declaring
bankruptcy, becoming insolvent, or making any assignments for the benefit of any of the
Borrower’s creditors; nor taking any action that would cause the EDA or the Town to lose its
priority position in the collateral. Furthermore, as a condition of the loan, Borrower shall make
its business records, personnel records and books available to EDA or the Town or any of their
authorized agents for audit upon three (3) business days’ notice to Borrower, to assure that all
terms and conditions of the IRF Loan and this Agreement are being met and that the IRF Loan
proceeds are being spent to further the Gish Mill Redevelopment Project.
8. The Loan shall be subject to call, in full, if the Borrower breaches any of the material
terms and conditions of this Agreement, any of the Transaction Documents, the Contract of
Sale dated as of April 8, 2020, or any other agreement between or among any of the Borrower,
the EDA, the DHCD, or the Town related to the Gish Mill Redevelopment Project (collectively,
the “Related Agreements”).
9. This Agreement is entered into and governed by the laws of the Commonwealth of
Virginia. Any suit to enforce or interpret any term or condition herein or concerning any other
{00411543.DOCX 3} 5
matter connected with the Loan Agreement shall be brought only in the Circuit Court of the
County of Roanoke, Virginia.
9. Any notices to the parties hereto shall be sent as follows:
To the Town: Town Manager, Town of Vinton, 311 South Pollard Street, Vinton, VA 24719.
To the Borrower: Attn: Gish Mill Davii, 120 Campbell Ave, Roanoke VA 24011
10. Borrower shall be required to procure and maintain insurance with a licensed Virginia
insurance company which shall protect the assets pledged as collateral hereunder against loss
due to fire or other casualty or hazard, as applicable. Town shall be named as a loss payee or
additional insured under said policy up to the amount of the loan, and Borrower shall provide
proof of said insurance and shall not cancel said policy or policies without first procuring
qualifying replacement insurance coverage from another licensed Virginia insurance company,
as required hereunder. All such insurance policies shall be written by insurers, in amounts, with
endorsements, and on terms and conditions satisfactory to the Town. Copies of all such policies
shall be provided to the Town.
11. Borrower shall indemnify and save the EDA and the Town harmless from any and all
loss damages incurred by the EDA and/or the Town as a result of any breach of this Agreement
or any Related Agreement by Borrower, including, but not limited to, reimbursement to the
EDA and/or the Town of any and all costs, fees, damages, claims, losses, and similar items, as
well as all attorneys’ fees incurred by the EDA and/or the Town as a result of Borrower’s
breach.
13. The closing on the loan shall occur within ten (10) days from the date of this
Agreement, or within such reasonable time thereafter as the necessary papers are prepared and
all contingencies are satisfied. Borrower covenants that it has and will have, as of the date of
closing on the Promissory Note, the Deed of Trust and other Transaction Documents, good and
marketable title to the Property and full authority to convey the Property to a trustee of the
EDA’s selection. The terms of this Agreement shall survive closing and shall be enforceable
until the loan is fully repaid and Borrower has satisfied all requirements of this Agreement.
14. Within thirty (30) days of receiving a loan repayment from Borrower, the EDA shall
remit the amount of the loan repayment to the Town.
{00411543.DOCX 3} 6
15. This Agreement shall be binding upon the parties hereto and is not assignable or
assumable by any party without the express written consent of the EDA and the Town.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and
year first written above.
GRANTOR:
Economic Development Authority of Roanoke County,
Virginia
By: ______________________________
Name: ___________________________
Title: Chairman
COMMONWEALTH OF VIRGINIA
COUNTY OF ROANOKE, to wit:
The foregoing document was acknowledged before me by _____________________,
Chairman of the Economic Development Authority of the County of Roanoke, Virginia, a
political subdivision of the Commonwealth of Virginia, on behalf of such entity, this ___ day
of _______, 2021.
____________________________ Registration Number: _____________
Notary Public
My Commission Expires: _____________
Approved as to legal form:
____________________________
Peter S. Lubeck
Roanoke County Attorney, as Counsel for the EDA
{00411543.DOCX 3} 7
GRANTOR:
Town of Vinton, Virginia
By: ______________________________
Name: Bradley E. Grose
Title: Mayor
STATE OF ___________
CITY/COUNTY OF ______________, to wit:
The foregoing document was acknowledged before me by ___________, Mayor of the
Town of Vinton, Virginia, a political subdivision of the Commonwealth of Virginia, on behalf
of such entity, this ___ day of ______________, 2021.
____________________________ Registration Number: _____________
Notary Public
My Commission Expires: _____________
Approved as to legal form:
Jeremy E. Carroll
Town Attorney
{00411543.DOCX 3} 8
GRANTEE:
Gish Mill Davii, LLC.
By: ______________________________
Name: David P. Hill
By: ______________________________
Name: David B. Trinkle, Member
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF ______________, to wit:
The foregoing document was acknowledged before me by David P. Hill, Member of
Gish Mill Davii, LLC., a Virginia limited liability company, on behalf of such entity, this ___
day of _______, 2021.
____________________________ Registration Number: _____________
Notary Public
My Commission Expires: _____________
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF ______________, to wit:
The foregoing document was acknowledged before me by David B. Trinkle, Member of
Gish Mill Davii, LLC, a Virginia limited liability company, on behalf of such entity, this ___
day of _______, 2021.
____________________________ Registration Number: _____________
Notary Public
My Commission Expires: _____________
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Meeting Date
May 18, 2021
Department
Human Resources
Issue
Briefing on proposed Paid Time Off (PTO) Policy
Summary
At the direction of Town Council, administration has developed a draft Paid Time Off (PTO)
Policy to replace the Town’s existing Vacation and Sick Leave Accrual Policy. The draft plan has
been presented to Town employees and each were given three options to choose to transition from
our current leave plan to the new PTO plan.
Each of the three options provided to staff will permit administration to meet the objectives as set
by Town Council to transition to a PTO plan, while preserving to the extent possible, the
employee’s tenure and service with the Town within the new paid leave plan.
Upon Council Approval, the new PTO Policy will take effect June 1, 2021 and payouts to eligible
employees would take place on June 10, 2021.
Attachments
PowerPoint Presentation
Draft PTO Policy
Recommendations
No action required
Town Council
Agenda Summary
OUR PATH TO A
PTO PLAN
TOWN COUNCIL
PRESENTATION
MAY 18, 2021
STEPS IN TRANSITIONING TO A PTO PLAN
1.Established two possible options for employees to choose from based on following
parameters:
a.Budget allotted
b.Limits the lag time in replacing key roles and doesn’t disrupt continuity of services
c.Respects the current employees accrued time
2.Developed draft PTO policy
a.Differences between current leave policies and new PTO policy
Vacation Leave is paid out when
employment ends.
PTO is paid out except when the
following occurs: Employee is termed
for cause and employee fails to work out
two week notice.
PTO Policy
Leave is accrued for all 26 pay periods
PTO cannot be utilized to reach
retirement date
PTO will not accrue when on a leave of
absence, administrative leave, or
suspended
Rollover of time was done yearly as
needed
Current Vacation/Sick Leave Policy
Leave is accrued for 24 pay periods
1/3 of SL can be used to reach
retirement date if you meet all the
criteria
Accrue time during all circumstances.
No rollover, no negative impact to the
employee unless they exceed the
maximum threshold as of July 1 of the
new fiscal year.
STEPS 3 -5
3. Held employee discussions –open to all employees
4.Following discussions added a third option
*** All options include a possible cash out of a surplus of hours to get EE to midpoint on
the new PTO scale. The difference in the options is reflective of what is important to the
EE and their accrued sick time.
Employee Sally Smith has 13 years of service with the Town.
•VRS Plan1
•Hourly rate is $ 23.85.
•Sick leave balance is 475 hours
•Vacation leave balance is 550 hours.
•Her new PTO accrual rate based on VRS plan and years of service is 10.15 hours per pay
period.
First, Sally needs to decide what to do with her sick time……….
•Sick Leave
•Entire sick leave balance is placed in a separate bank, where she is able to use for sick leave, under current
parameters in employee handbook, it will not accrue any more time. If she retires with 15+ years of service she
may use 1/3 of the time remaining to reach her retirement date.
•Vacation Leave
Since 550 (VT) + 284.30 (maximum hours she will accrue in 13 months (28 pay periods) = 834.30 hrs
And 834.30 (total hours) –640 ( maximum carry over at the end of the fiscal year) = 194.30 hrs
Then 194.30 hrs x $23.85 = $4,634.06 pay out for vacation time
Due to Sally having a surplus of 194.30 hours in her vacation balance and she is receiving a cash out, her new PTO
balance becomes her starting vacation hours of 550 –the overage of 194.30.
June 1st, Sally begins a PTO balance of 355.70 hours.
O
P
T
I
O
N
A
•Sick Leave
•Vacation Leave
Since 550 (VT) +80 hours from ST+ 284.30 (maximum hours she will accrue in 13 months (28 pay periods) = 914.30 hrs
And 914.30 (total hours) –640 ( maximum carry over at the end of the fiscal year) = 274.30 hrs
Then 274.30 hrs x $23.85 = $4,634.06 pay out for vacation time
Total pay out is $3,776.25 + $ 4,634.06 = $8, 410.31
Due to Sally having a surplus of 194.30 hours in her vacation balance and she is receiving a cash out, her new PTO balance
becomes her starting vacation hours of 630 –the overage of 274.30.
June 1st, Sally begins a PTO balance of 355.70 hours.
O
P
T
I
O
N
B
•1/3 sick leave balance = 158.33 hours
158.33 hrs x $23.85 = $ 3,776.25
•Roll over 80 hours to current vacation leave balance
•Sick Leave
•1/3 sick leave balance = 158.33 hours
158.33 hrs x $23.85 = $ 3,776.25
•Freeze the remaining 2/3 sick time. 316.67 hours
•ST can be accessed after utilizing three (3) consecutive days of PTO leave for extended illnesses, injury, or
other approved leave. Documentation will need to be provided.
•Employee forfeits the right to use 1/3 balance to reach retirement date.
•Vacation Leave
•Since 550 (VT) + 284.30 (maximum hours she will accrue in 13 months (28 pay periods) = 834.30 hrs
•And 834.30 (total hours) –640 ( maximum carry over at the end of the fiscal year) = 194.30 hrs
•Then 194.30 hrs x $23.85 = $4,634.06 pay out for vacation time
O
P
T
I
O
N
C Due to Sally having a surplus of 194.30 hours in her vacation balance and she is receiving a cash out, her
new PTO balance becomes her starting vacation hours of 550 –the overage of 194.30.
June 1st, Sally begins a PTO balance of 355.70 hours.
OPTION A ? B ? Or C?
What is important to me ?
Saving leave time? Cashing
out my time? Keeping some
time in case I need to have
it in the future?
Questions? Concerns?
Town of Vinton
Department of Human Resources/Risk Management
Paid Time Off (PTO) Policy
May 10, 2021
Revised 05/10/2021
PAID TIME OFF (PTO) POLICY
I. Purpose of the Policy
The Town of Vinton is committed to supporting its employees. Personal time off from the
workplace is important to overall employee production and both mental and physical health.
As such, we have created the following Paid Time Off (PTO) policy, which is effective on
June 1, 2021.
II. Paid Leave
A. Explanations and Limitations of PTO
i. PTO days may be used for vacation, illness, off job injury, doctor’s
appointments, personal business, dependent care, emergencies, or any other
pre-approved absence.
ii. PTO does not include scheduled holidays.
iii. PTO can only be used to supplement up to the number of hours needed to
cover the employee’s regularly scheduled hours. PTO will not be paid for any
hours over forty (40) hours per week, or eighty-four (84) hours per Public
Safety 14-day pay period, unless approved by the Department Head or
required by the Town’s Overtime Policies as stated in the Employee
Handbook.
iv. PTO must be scheduled in advance and approved by the employee’s
Department Head. Except where notice cannot be provided in cases of illness
or emergency, notice should be provided as soon as possible but no later than
two weeks prior to the requested time off.
v. In no event will PTO that is not earned be used so as to have a negative PTO
balance.
vi. Questions about PTO earned and used should be referred to Human
Resources.
B. PTO Guidelines
i. You are eligible to earn/accrue PTO if you are a full- time employee.
ii. PTO begins accruing at hire. PTO may be utilized as soon as it is accrued;
there is no waiting period.
iii. PTO is accrued biweekly and is based on the employee’s years of service and
original hire date.
iv. PTO is accrued for all twenty-six (26) pay periods.
v. PTO is accrued as you work.
vi. PTO cannot be utilized to reach your retirement date.
vii. You will not accrue PTO time while you are on leave of absence,
administrative leave, or if you are suspended by the Town.
Town of Vinton
Department of Human Resources/Risk Management
Paid Time Off (PTO) Policy
May 10, 2021
Revised 05/10/2021
viii. Holidays falling within an employee's scheduled PTO will not be charged
against PTO.
ix. Employees will have a maximum number of PTO hours that they can
carryover from one fiscal year to the next. The maximum number of carryover
hours will depend on the employee’s classification. Whether an employee has
exceeded his or her maximum carryover threshold will be assessed on June
30th of each year. Any PTO balance over the employee’s maximum threshold
will be forfeited. Under extraordinary circumstances, the Town Manager may
approve an up to 6-month extension of the forfeiture deadline. The employee’s
PTO accrual rate will apply based on the employee’s date of hire.
C. Accrual Rates
Years
Completed Accrual Rate Annual Hrs Day Earned
<1 11.08 288 24
1- 5 12.46 324 27
5-10 13.85 360 30
10-15 15.23 396 33
15+15.92 414 34
Years
Completed Accrual Rate Annual Hrs Days Earned
<1 7.38 192 24
1- 5 8.31 216 27
5-10 9.23 240 30
10-15 10.15 264 33
15+10.61 276 34
Years
Completed Accrual Rate Annual Hrs Days Earned
<1 7.38 192 24
1- 5 8.31 216 27
5-10 9.23 240 30
10-15 10.15 264 33
15+10.61 276 34
PTO H -Accruals - 8 hour shift employees (26)
PTO hours cannot exceed 352 at the end of the fiscal year.
PTO PS Accruals - 12 hour shift employees (26)
PTO hours cannot exceed 640 at the end of the fiscal year.
PTO PL 1/2 Accruals - 8 hour shift employees (26)
PTO hours cannot exceed 640 at the end of the fiscal year.
Town of Vinton
Department of Human Resources/Risk Management
Paid Time Off (PTO) Policy
May 10, 2021
Revised 05/10/2021
D. PTO Approval Process
i. Every effort will be made to grant the employee's advance notice PTO
preference, consistent with our operating schedule. However, if too many
people request the same period of time off, the Town reserves the right to
choose who may take PTO during that period.
ii. PTO requests must be submitted to an employee's Department Head as early
as possible, but no later than two (2) weeks prior to the time off; unless the
employee is unable to do so due to an illness or emergency situation.
iii. The employee is required to obtain Department Head approval prior to using
PTO. Requiring prior notice and approval whenever possible allows the Town
to better manage its staffing needs.
E. Maximum Time Accumulated and Roll-over
i. Although you may carry over unused PTO time from year to year, there is a
cap on the amount of PTO time you can accumulate. This encourages you to
use your PTO and allows the Town to manage its financial obligations
responsibly.
ii. Any PTO time over the maximum limit by the end of a fiscal year, June 30th,
will be lost. There is not a monetary payout to lower your balance.
iii. After exhausting PTO leave, any absence will be classified as unexcused
unless it qualifies under other Town policies and is approved by Human
Resources and the Town Manager.
iv. Unused PTO
1. The maximum amount of paid leave (pre-approved and unscheduled)
that can be carried over as of the end of each fiscal depends on
employee classification as follows:
a. 640 hours for Full-time employees that are Plan 1 or Plan 2
Virginia Retirement System (“VRS”) participants.
b. 352 hours for Full-time employees that are Hybrid Plan VRS
Participants
v. Town Manager in consultation with a Department Head may grant an
extension beyond the June 30th deadline for departments that have
experienced long term staffing shortages that have led to denials of requested
PTO leave.
1. Department Heads must document, in writing, and retain any PTO
denials throughout the fiscal year in order for an extension to be
considered.
F. Management of PTO
i. It is your responsibility to manage your PTO account. It is important that you
plan ahead for how you will use it. This means developing a plan for taking
your vacations, as well as doctor's appointments and personal business. It
also means holding some time in "reserve" for the unexpected, such as
emergencies and illnesses.
Town of Vinton
Department of Human Resources/Risk Management
Paid Time Off (PTO) Policy
May 10, 2021
Revised 05/10/2021
ii. There may be occasions, such as sudden illness, when the employee cannot
notify their Department Head in advance. In those situations, you must inform
them of your circumstances as soon as possible.
iii. PTO leave that could not be reasonably foreseen will be granted if possible.
Except with established patterns of absences, the employee will not receive
corrective action, for any of the following uses of unscheduled PTO leave:
1. Personal illness.
a. An employee absent in excess of three (3) working days due
to a medical condition will need to provide Human Resources
with a note from a doctor.
2. Care of others and family illness
3. Emergencies; documentation may be required
4. Legal situations; documentation may be required
iv. If the employee is placed on leave under the Family Medical Leave Act, they
will follow the requirements of the Family Medical Leave Act policy.
v. Failure to call in or to report to work for two (2) consecutive workdays will be
considered a voluntary resignation or abandonment of the employee’s job
G. Termination of Employment
i. Employees will be paid for all accrued, unused PTO when employment ends
except for the following circumstances:
1. Failure to provide and work out a two-week notice
2. Terminated for cause under the Town’s Standard of Conduct
ii. Paid out PTO will be sent along with the employee’s final paycheck.
H. Exceptions
i. Any exceptions to this policy must be approved by the Town Manager. The
Town Manager may consult with the employee’s Department Head and
Human Resources prior to making a final determination.
Meeting Date
May 18, 2021
Department
Administration
Issue
Overview of Town Manager’s Recommended Budget for FY2021-2022
Summary
The Town Manager will present the overview of the recommended budget that was delivered
electronically to Council on Friday, May 14, 2021. The FY2021-2022 proposed budget will
also be placed in the Town’s Dropbox and on the Town’s website.
Attachments
PowerPoint presentation
Recommendations
No action required
Town Council
Agenda Summary
FY2022 Budget
Briefing
Vinton Town Council
May 18, 2021
2
FY2022 BUDGET
Adopted FY21 Proposed FY22 % Variance
General Fund $7,168,550 $8,032,258 12.05%
Grant Fund 4,000 384,800 9,520.00%
Utility Fund 3,826,500 4,513,595 17.96%
Capital Fund 175,000 835,000 377.14%
Stormwater Fund 489,723 414,328 (17.05%)
Total $11,663,773 $14,179,981 21.57%
3
FY2022 BUDGET
On June 16, 2020, Town Council approved and ratified the
Town of Vinton Strategic Plan for 2020‐2025. Preparation
of this Budget was guided by the following three goals
established in the Strategic Plan:
1. Enhance the Town’s infrastructure and livability
2. Maintain an efficient and high‐performing government
3. Ensure the Town’s continued financial viability by actively
pursuing quality economic development
4
FY2022 BUDGET
Proposed Budget Highlights
•Revenue Recovery and Economic Growth
•Continued Economic Development
•Implementation of New Classification Plan
•1.0% Cost of Living Adjustment for all employees
•Continue to Offer a Free Employee Health Plan
•Year 1 Allocation of 7‐Year Capital Improvement Plan
5
FY2022 BUDGET
741,674
3,651,613
792,676
425,346
1,157,416 1,263,533
‐
500,000
1,000,000
1,500,000
2,000,000
2,500,000
3,000,000
3,500,000
4,000,000
FY22 General Fund Budget
General Property Taxes Other Local Taxes Miscellaneous Revenue
Non‐Categorical Aid State Sales Tax Categorical Aid
6
FY2022 BUDGET
Business Portion of General Fund Revenue Budget:
Real Estate Tax $ 75,640
Business Personal Property $ 184,644
Communication Tax $ 636,409
Business License Tax $ 647,071
Franchise License Tax $ 27,584
Bank Stock Tax $ 207,466
Pari‐Mutuel Tax $ 550,000
Admissions Tax $ 1,127
Transient Occupancy Tax $ 3,214
Prepared Food Tax $ 1,282,197
Cigarette Tax $ 116,969
State Sales Tax $ 1,157,416
TOTAL $ 4,889,737
PERCENTAGE OF BUDGET 60.88%
7
FY2022 BUDGET
As part of the Davenport &
Company Rate Study
presented fall of 2019, Town
Council approved a multi‐
year rate schedule which
includes an 8.00% service
charge increase and an
6.00% volumetric rate
increase each July 1 through
fiscal year 2023.
FY 21‐22 Revenue Budget
Operating Revenues
Use of Money
Recovered Costs
Use of Fund Balance
8
FY2022 BUDGET
717,651
2,978,965
1,961,634
527,717 536,188 444,131
104,008 4,800 ‐ ‐
757,164
‐
500,000
1,000,000
1,500,000
2,000,000
2,500,000
3,000,000
3,500,000
Pr
o
p
o
s
e
d
B
u
d
g
e
t
A
m
o
u
n
t
FY22 General Fund Budget
General Administration Public Safety Public Works Special Programs
Community Development Debt Retirement Performance Agreements Retiree Insurance
Travel & Training Contingency Transfers
9
Department
Actual Full
Time
Positions
FY18‐19
Actual Full
Time
Positions
FY19‐20
Budgeted Full
Time
Positions
FY20‐21
Budgeted Full
Time
Positions
FY21‐22
Administration 3.00 3.00 3.00 3.00
Finance 5.00 5.00 5.00 6.00
Fire/EMS 11.00 ‐ ‐ ‐
HR & Risk Management 1.00 1.00 1.00 1.00
Planning & Zoning 3.00 3.00 3.00 4.00
Police Department 26.00 27.00 26.00 26.00
Public Works 33.00 33.00 30.00 30.00
Special Programs 1.00 ‐ ‐ ‐
War Memorial 2.00 ‐ ‐ ‐
Community Programs ‐3.00 3.00 3.00
TOTAL 85.00 75.00 71.00 73.00
FY2022 BUDGET
10
FY2022 BUDGET
As a priority in the FY22
Proposed Budget, Town
Management presented a 7‐
Year Capital Improvement
Plan that is balanced within
forecasted available funding.
11
FY2022 BUDGET
Original Issue
Amount Series/Description
Interest
Rates Maturity
Outstanding
Balance as of
June 30, 2021
Principal
Payment FY21-
22
Interest
Payment
FY21-22
Total Debt
Payment FY21-
22
General Fund
$ 2,228,408.87 2013 Carter Bank Refunding 2.05% 11/1/2024 $ 921,595.75 225,386.71 16,582.49 241,969.20
$ 702,000.00 Series 2016A VML/VACO Refunding 2.05% 2/1/2027 $ 428,000.00 69,000.00 8,774.00 77,774.00
$ 73,180.00 RCACP*** 2.46% 9/30/2022 $ 11,200.00 - - -
$ 257,602.00 VML 2017 Equipment Lease Purchase 2.43% 12/29/2024 $ 169,693.02 36,315.98 3,926.95 40,242.93
$ 157,053.42 VML 2018 Knucklebook Lease Purchase 3.10% 7/27/2025 $ 104,802.01 22,051.99 3,079.27 25,131.26
$ 305,000.00 Refunding of Series 2006A VRA, 2021 Series 1.66%6/30/2027 $ 305,000.00 45,000.00 13,885.73 58,885.73
$ 1,940,290.78 $ 397,754.68 $ 46,248.44 $ 444,003.12
Utility Fund
$ 1,250,704.36 2003 VRLF Wolf Creek 3.3%*7/1/2024 $ 286,943.95 78,657.93 8,825.58 87,483.51
$ 2,479,633.00 2004 VRLF Wolf Creek 3.1%*10/1/2026 $ 855,579.26 144,989.73 25,407.93 170,397.66
$ 1,210,000.00 2006 VRLF Lindenwood 3.0%*3/1/2026 $ 382,398.20 71,848.06 11,301.80 83,149.86
$ 294,515.72 2015 VRA/WVWA - Tinker Creek 2.35% 9/1/2032 $ 205,952.20 16,005.54 4,705.88 20,711.42
$ 1,786,000.00 2016B VML/VACO Refunding 2.05% 8/1/2027 $ 1,338,000.00 181,000.00 25,573.75 206,573.75
$ 488,639.00 VML 2017 Equipment Lease Purchase 2.43% 12/29/2024 $ 254,644.44 70,571.56 5,764.11 76,335.67
$ 1,225,000.00 Refunding of Series 2013, 2021 Series 1.66% 6/30/2033 $ 1,225,000.00 96,000.00 17,454.21 113,454.21
$ 4,429,000.00 New Money 2021 Series 1.66% 6/30/2031 $ 4,429,000.00 420,000.00 63,105.87 483,105.87
$ 8,977,518.05 $ 1,079,072.82 $ 162,139.13 $ 1,241,211.95
Stormwater Fund
$ 242,703.00 2019 Street Sweeper Lease Purchase 3.02% 4/19/2026 $ 178,473.93 33,587.63 5,138.23 38,725.86
$ 178,473.93 $ 33,587.63 $ 5,138.23 $ 38,725.86
*Interest rate negotiated down to 1.0%
12
FY2022 BUDGET
TOWN OF VINTON FY2022 TOTAL BUDGET
General
Fund
Grant
Fund Utility Fund
Capital
Fund
StmWater
Fund Total % of Total
Expenditures
Personnel $4,117,718 ‐ $1,324,630 ‐ $251,605 $5,693,953 40.15%
Operating 2,399,895 384,800 1,462,754 ‐ 91,496 3,954,145 27.89%
Capital 313,350 ‐ 262,750 835,000 32,500 1,828,400 12.89%
Debt 444,131 ‐ 1,256,297 ‐ 38,727 1,739,155 12.26%
Transfers 757,164 ‐ 207,164 ‐ ‐ 964,328 6.81%
Contingency ‐ ‐ ‐ ‐ ‐ ‐ ‐%
Total
Expenditures $8,032,258 $384,800 $4,513,595 $835,000 $414,328 $14,179,981 100.00%
13
Personnel
40%
Operating
28%
Capital
13%
Debt
12%
Transfers
7%
Contingency
0%
FY22 Expenditure Budget
Personnel Operating Capital Debt Transfers Contingency
FY2022 BUDGET
General Fund Balance (Unassigned)
Unassigned Fund Balance as of 6/30/2020 $3,698,974
Projected Decrease for 6/30/2021 (725,000)
Projected Ending Fund Balance as of 6/30/2020 $2,973,974
Percentage of Annual Budget: 3.03%
Fund Balance as # of Months: 4.44
Fund Balance Policy: 2 Month Floor with 4 Month Target
Excess Fund Balance may be transferred for capital or one‐time projects.
14
BUDGET CALENDAR REMAINING
MAY 18, 2021 Budget Briefing – Council Meeting
JUNE 1, 2021 Public Hearing on FY2022 Proposed Budget
JUNE 15, 2021 Adoption of FY2022 Budget
15
FY2022 BUDGET
Questions? Thank you!
16
Meeting Date
May 18, 2021
Department
Administration
Issue
Consider adoption of a Resolution authorizing the Roanoke Valley-Alleghany Regional
Commission to amend its Charter to reduce membership requirements
Summary
On February 25, 2021, the Regional Commission approved amendments to its Charter that have
the effect of reducing the size of the Commission from 38 members to 30 members. This action
was taken based on the recommendations of a Restructuring Committee which considered the
goals of reducing the size of the Commission while maintaining a minimum level of two
representatives from each locality, one of whom must me a member of the local governing body.
For the charter amendment to be approved all member local governments must agree to this
change.
Council was briefed on this matter at their April 20, 2021 meeting
Attachments
Draft Charter Change
Resolution
Recommendations
Motion to adopt Resolution
Town Council
Agenda Summary
Member Governments: Counties of Alleghany, Botetourt, Craig, Franklin and Roanoke,
Cities of Covington, Roanoke and Salem, Towns of Clifton Forge, Rocky Mount and Vinton
313 Luck Avenue, SW | Roanoke, Virginia 24016 | P: 540.343.4417 | F:
rvarc.org
Amended October 28, 1999
CHARTER AGREEMENT OF THE
ROANOKE VALLEY-ALLEGHANY REGIONAL COMMISSION
NOW, THEREFORE, it is agreed that:
ARTICLE I
Name, Location, Authority, Purpose
Section 1 The name of this organization shall be the Roanoke Valley-Alleghany Regional
Commission, hereinafter called the "Commission".
Section 2 The principal office of the Commission shall be located in the City of Roanoke,
Virginia. The location of the principal office may be changed by the concurrence of
three-fourths of the Commission membership; provided, however, that the clerk of
the governing body of each member governmental subdivision has been notified of
the contemplated relocation in writing at least thirty days before such meeting.
Section 3 The Commission shall be a public body corporate and politic with all the powers and
duties granted to it by the Virginia Regional Cooperation Act.
Section 4 A. It is the purpose of the Roanoke Valley-Alleghany Regional Commission to
encourage and facilitate local government cooperation in addressing on a regional
basis problems of greater than local significance. The cooperation resulting from the
efforts of the Commission is intended to assist local governments in meeting their
own problems by enhancing their abilities to recognize and analyze regional
opportunities and take account of regional influences in planning and implementing
their public policies and services.
B. The Roanoke Valley-Alleghany Regional Commission shall also promote the
orderly and efficient development of the physical, social, and economic elements of
the district by planning, and encouraging and assisting governmental subdivisions to
plan for the future. If requested by a member governmental subdivision or group of
member governmental subdivisions and to the extent the Commission may elect
to act, the Commission may assist the subdivisions by carrying out plans and
programs for the improvement and utilization of the elements. The Commission shall
not, however, have a legal obligation to perform the functions necessary to implement
the plans and policies established by it or to furnish governmental services to the
district.
Section 5 Definitions - "Member Governmental Subdivision" means a county, city or town that
has signed the Charter Agreement of the Roanoke Valley-Alleghany Regional
Commission.
"Governing Body" means the board of supervisors of the county or the council of the
city or town.
ARTICLE II
Membership
Section 1 The membership of the Roanoke Valley-Alleghany Regional Commission shall be
composed of representatives of the member governmental subdivisions, on the basis
of one member from the governing body of each governmental subdivision and also,
one representative who holds no office elected by the people in that government. In
addition, each governmental subdivision with population in excess of 10,000 shall
appoint one representative for each 25,000 population or fraction thereof. The
representative for the first 25,000 increment shall be a member of the governing body.
The representative of the second 25,000 increment shall be a person who does not
hold an office elected by the people. Thereafter the continual increments shall be
alternated so that at least a majority, but not substantially more than a majority, of the
Commission members shall be elected officials of the governing bodies of the
governmental subdivisions. In determining the population of counties, the numerical
total shall be exclusive of participating towns that have a population of three
thousand, five hundred; said towns are eligible to have at least two representatives.
The membership of the Roanoke Valley-Alleghany Regional Commission shall be
composed of representatives of the member governmental subdivisions, on the basis
of two members from each governmental subdivision, at least one of whom is an
elected member of the governing body of the subdivision. In addition, each
governmental subdivision with population in excess of 25,000 and less than 50,000
shall appoint one additional member who must be an elected official of the governing
body of the subdivision. Each governmental subdivision with a population in excess
of 50,000 shall further appoint one additional member, who may but need not be an
elected official of the governing body of the subdivision, provided that at least a
majority, but not substantially more than a majority, of the Commission members shall
be elected officials of the governing bodies of the governmental subdivisions. In
determining the population of counties, the numerical total shall be exclusive of
participating towns who have a population of three thousand, five hundred; said towns
are eligible to have at least two representatives.
Section 2 For the purpose of this agreement the term "population" shall have the same meaning
as set forth in Section 15.1-1402 of the Virginia Code, 1968.
"Population," unless a different census is clearly set forth, means the number of
inhabitants according to the United States census latest preceding the time at which
any provision dependent upon population is being applied, or the time as of which it
is being construed, unless there is available an annual estimate of population
prepared by the Weldon Cooper Center for Public Service of the University of
Virginia, which has been filed with the Department of Housing and Community
Development, in which event the estimate shall govern.
Section 3 The population on which the representation to the Commission is based shall be
reviewed by the Commission at least every five years from the effective date of this
Charter.
Section 4 Vacancies on the Commission shall be filled for the unexpired term in the same
manner as the original appointment was made.
Section 5 Any member of the Commission shall be eligible for reappointment but may be
removed for cause by the governing body which appointed him.
Section 6 Each governmental subdivision of the Commission shall have the option of
appointing an alternate member. An alternate member shall be entitled to receive
notice of all meetings of the Commission and of all meetings of committees of which
the appointed member is a part, and to attend and vote at any such meeting at
which the appointed member is not personally present. When appointing alternates
for an elected official of the governing body, the governmental subdivision must
appoint a member of the same governing body.
ARTICLE III
Appointments, Terms of Office and Voting Rights
Section 1 Members of the Commission shall be appointed by the governing body of each
governmental subdivision.
Section 2 The terms of office of Commission members who are also members of governing
bodies shall be three years or until his/her successor has been appointed. In the
event any elected member of the Commission shall cease to be an elected member
of the local governing body which he represents, he shall cease to be a member of
the Commission. The appropriate governing body shall within thirty days make an
appointment to succeed him for his unexpired term.
Section 3 The term of office of non-elected members of the Commission shall be three years.
Section 4 The initial appointments shall expire as follows: The term of one member from the
local governing body of each governmental subdivision shall expire on June 30, 1972.
The term of one member of each governmental subdivision who holds no office
elected by the people shall expire on June 30, 1971. The term of any additional
members shall expire on June 30, 1970.
Section 5 Each member of the Commission shall have the right to vote, but may exercise
his/her vote only in person and during any official meeting of the Commission, regular,
special or otherwise.
ARTICLE IV
Officers
Section 1 Officers of the Commission shall consist of a Chair and Vice-Chair who shall be
elected at a regular meeting of the Commission by a majority vote of the members
present.
Section 2 The Chair and Vice-Chair shall be elected for terms of two years. They may succeed
themselves in that office, for one additional term.
Section 3 The Commission shall appoint an Executive Director who shall be an employee of
the Commission and who shall serve at the pleasure of a majority of the membership.
ARTICLE V
Planning District Commission - Regional Planning Commission Merger
Section 1 Upon the ratification of this Charter Agreement, on October 23, 1969, the Roanoke
Valley Regional Planning Commission and Jackson River Regional Planning
Commission merged with the Fifth Planning District Commission. All assets and
liabilities of the two aforesaid Regional Planning Commissions were transferred to
the Fifth Planning District Commission. Effective October 28, 1999, the Fifth Planning
District Commission changed its name to the Roanoke Valley-Alleghany Regional
Commission.
ARTICLE VI
Addition or Withdrawal of Members
Section 1 Any governmental subdivision within the Fifth Planning District which is not a party to
this Charter Agreement at the effective date thereof may thereafter join the
Commission provided that such governmental subdivision is eligible for membership
and that it adopts and executes this Agreement.
Section 2 Any governmental subdivision may withdraw from the Commission by submitting to
the Commission in writing, at least 90 days before the end of the Commission's then
current fiscal year, a notice of intent to withdraw. Such withdrawal shall not become
effective until the Commission's fiscal year has ended.
ARTICLE VII
Adoption of Bylaws
Section 1 The Commission may adopt Bylaws and such other rules at it deems necessary to
govern its operations.
ARTICLE VIII
Meetings
Section 1 The Commission shall hold regular meetings on a schedule which will be determined
by the membership.
Section 2 Meetings of the Commission shall be open to the public, however, the Commission
may hold executive sessions under the guidelines provided by the Virginia Freedom
of Information Act.
Section 3 Provisions shall be made in the Bylaws as to notification of members of all meetings
of the Commission.
ARTICLE IX
Reports
Section 1 The Commission shall, after June 30 and no later than September 30 of each year,
submit to each governing body that is a party to this Charter Agreement a report in
writing setting forth the following:
A. The work program and activities of the preceding year.
B. A financial report of receipts and expenditures of the preceding year.
C. The budget of the Commission for the current fiscal year.
D. The programs and projects for the current fiscal year.
Section 2 There should be conducted once each year an audit of the accounts of the
Commission by an independent auditing firm.
ARTICLE X
Amendments
Section 1 This Charter Agreement may be amended, supplemented or superseded only by
concurring resolutions from the governing bodies which are parties to this Charter
Agreement. All proposed amendments shall be submitted to the Commission for its
review and recommendations to the member governmental subdivisions.
ARTICLE XI
Date of Organization
Section 1 The organization of the Roanoke Valley-Alleghany Regional Commission (formerly
“Fifth Planning District Commission”) shall be effective on the 25 day of August, 1969
or at such time after this date when the Charter Agreement has been adopted and
signed by that governmental subdivision whose population when added to the
aggregate population of those who have already adopted and signed the Charter
Agreement embraces the majority of the population within the Fifth Planning District.
1
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
MAY 18, 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
AUTHORIZING THE ROANOKE VALLEY-ALLEGHANY REGIONAL
COMMISSION TO AMEND ITS CHARTER TO REDUCE MEMBERSHIP
REQUIREMENTS
WHEREAS, the Roanoke Valley-Alleghany Regional Commission (“The Commission”) is
seeking to amend its charter to reduce the number of Commissioners serving on its Board from
38 to 30; and
WHEREAS, in April of 2019 the Chair of the Roanoke Valley-Alleghany Regional Commission
directed Commission staff to review the board size of peer Commissions, absentee and
attendance data of the Commission, and requirements of the Code of Virginia regarding the
Commission’s board structure; and
WHEREAS, the Roanoke Valley-Alleghany Regional Commission board was determined to be
the second largest board in the Commonwealth, behind only the Hampton Roads Planning
District Commission with 47 members; and
WHEREAS, it was determined that under current Charter rules and population forecasts the
Commission Board was expected to grow even larger in 2022 with an additional member from
the City of Roanoke, bringing the total to seven representatives comprised of four elected
officials; and
WHEREAS, a Restructuring Committee was formed in October of 2020 to review staff research
and produce a recommendation to the full Board; and
WHEREAS, after reviewing the research and conferring with their local governing bodies as
well as chief administrative officers for Commission member jurisdictions, the members of the
Restructuring Committee recommended changes to the membership formula for the Commission
Board; the addition of a provision for alternate members of the Board to provide flexibility to
member governments; and clarification on the definition of Population for purposes of
determining membership; and,
WHEREAS, the Commission Board voted to accept the recommendations of the Restructuring
Committee at the February 25, 2021 meeting of the Commission; and,
2
WHEREAS, Article II, Section 1 of the Charter shall be amended to read: “The membership of
the Roanoke Valley-Alleghany Regional Commission shall be composed of representatives of
the member governmental subdivisions, on the basis of two members from each governmental
subdivision, at least one of whom is an elected member of the governing body of the subdivision.
In addition, each governmental subdivision with population in excess of 25,000 and less than
50,000 shall appoint one additional member who must be an elected official of the governing
body of the subdivision. Each governmental subdivision with a population in excess of 50,000
shall further appoint one additional member, who may but need not be an elected official of the
governing body of the subdivision, provided that at least a majority, but not substantially more
than a majority, of the Commission members shall be elected officials of the governing bodies of
the governmental subdivisions. In determining the population of counties, the numerical total
shall be exclusive of participating towns who have a population of three thousand, five hundred;
said towns are eligible to have at least two representatives; and
WHEREAS, Article II, Section 2 of the Charter shall be amended to read: “"Population," unless
a different census is clearly set forth, means the number of inhabitants according to the United
States census latest preceding the time at which any provision dependent upon population is
being applied, or the time as of which it is being construed, unless there is available an annual
estimate of population prepared by the Weldon Cooper Center for Public Service of the
University of Virginia, which has been filed with the Department of Housing and Community
Development, in which event the estimate shall govern.”; and
WHEREAS, Article II, Section 6 shall be added to the Charter, reading: “Each governmental
subdivision of the Commission shall have the option of appointing an alternate member. An
alternate member shall be entitled to receive notice of all meetings of the Commission and of all
meetings of committees of which the appointed member is a part, and to attend and vote at any
such meeting at which the appointed member is not personally present. When appointing
alternates for an elected official of the governing body, the governmental subdivision must
appoint a member of the same governing body.”; and
WHEREAS, any changes to the Commission charter must be approved unanimously by the
governing bodies of all Commission member jurisdictions.
NOW THEREFORE BE IT RESOLVED that the Vinton Town Council does hereby approve
the Charter changes of the Roanoke Valley-Alleghany Regional Commission.
BE IT FURTHER RESOLVED that aforementioned Charter changes of the Roanoke Valley-
Alleghany Regional Commission will become effective on July 1, 2022, and that the resulting
reduction in Board size will be reached through attrition of existing Board members whose terms
end on or after July 1, 2022.
This Resolution was adopted on motion made by Council Member , seconded by
Council Member , with the following votes recorded:
3
AYES:
NAYS:
APPROVED:
Bradley E. Grose, Mayor
ATTEST:
______
Susan N. Johnson, CMC, Town Clerk
Meeting Date
May 18, 2021
Department
Finance/Treasurer
Issue
Finance Committee
Summary
The Finance Committee met on May 10, 2021 and the following items were discussed at the
meeting:
• Body Worn Camera Grant Resolution
• Glade Creek Greenway Phase 2B Resolution
• Planning & Zoning Proposed Fee Changes
• Paid Time Off (PTO) Policy and Implementation Plan Review
• March 2021 Financial Statements
• FY21 Forecast Update
Attachments
March 2021 Financial Report Summary
Recommendations
Motion to approve March 2021 Financial Report
Town Council
Agenda Summary
Financial Report Summary
March 31, 2021
Budget Budget Posted Posted Balance YTD
General Fund 200
Revenues 7,168,550 5,849,571 989,513 5,389,648 (459,923) 92%
Expenditures 7,168,550 6,634,809 889,372 5,270,852 (1,363,957) 79%
Revenues over/(under) Expenditures (785,238) 100,141 118,796
Grant Fund 250
Revenues 4,000 4,396,608 76,718 1,807,580 (2,589,028) 41%
Expenditures 4,000 4,396,608 46,661 1,752,281 (2,644,327) 40%
Revenues over/(under) Expenditures - 30,057 55,299
Utility Fund 300
Revenues 3,826,500 2,664,590 170,339 2,978,341 313,751 112%
Expenditures 3,826,500 2,831,341 309,753 2,839,595 8,254 100%
Revenues over/(under) Expenditures (166,751) (139,414) 138,746
Capital Fund 400
Revenues 175,000 1,654,923 354,535 635,120 (1,019,803) 38%
Expenditures 175,000 1,654,975 59,348 420,603 (1,234,372) 25%
Revenues over/(under) Expenditures (52) 295,187 214,517
Stormwater Fund 600
Revenues 499,477 534,458 81,623 414,608 (119,850) 78%
Expenditures 499,477 536,987 21,320 281,911 (255,076) 52%
Revenues over/(under) Expenditures (2,529) 60,303 132,697
Total All Funds
Revenues 11,673,527 15,100,150 1,672,728 11,225,297 (3,874,853) 74%
Expenditures 11,673,527 16,054,720 1,326,454 10,565,242 (5,489,478) 66%
Revenues over/(under) Expenditures (954,570) 346,274 660,055
Meeting Date
May 18, 2021
Department
Public Works
Issue
Public Works Committee
Summary
The Public Works Committee met on March 12, 2021 and the following items were discussed at
the meeting:
• Radio Read Water Meter Installation
• 3rd Street Lift Station and SCADA System Updates
• Clearview Drive and Hardy Road Intersection Signalization Update
• Paper Alleys
• Bulk Refuse Update
• New Town Public Works Department Branding
Attachments
None
Recommendations
No action required
Town Council
Agenda Summary
Meeting Date
May 18, 2021
Department
Administration
Issue
Further discussion of the Town Manager’s Recommended Budget for FY2021-2022
Summary
The Town Manager and Treasurer/Finance Director will provide additional information to Council
regarding the recommended budget for FY2021-2022 and answer any questions that Council might
have.
Attachments
Recommendations
No action required
Town Council
Agenda Summary