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Home My WebLink About12/3/2019 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, December 3, 2019 AGENDA Consideration of: A. 7:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM B. MOMENT OF SILENCE C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D. UPCOMING COMMUNITY EVENTS/ANNOUNCEMENTS E. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS F. CONSENT AGENDA 1. Consider approval of the minutes of the Regular Council meeting of November 5, 2019 G. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS 1. Introduction of new Police Officer – Chief Foster 2. Police Department Certificate of Recognition Award – Chief Foster/Deputy Chief Fabricio Drumond 3. Presentation of Certificate of Distinguished Budget Presentation Award for the Fiscal Year beginning July 1, 2019 awarded to the Treasurer/Finance Department – Anne Cantrell 4. Presentation on Upcoming Innovation Mill Forum at Vinton War Memorial – Debbie Custer H. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. Keith N. Liles, Vice Mayor Sabrina McCarty, Council Member Janet Scheid, Council Member Michael W. Stovall, Council Member 311 South Pollard Street Vinton, VA 24179 (540) 983-0607 2 I. PUBLIC OPENING OF FRANCHISE BIDS FOR SMALL CELL WIRELESS FRANCHISE J. TOWN ATTORNEY K. TOWN MANAGER 1. BRIEFINGS a. Briefing on proposed Ordinance to amend Chapter 82, Streets, Sidewalks, and Other Public Places, Article I, In General, Sections 82-17 and 82-18, add a new Section 82-19 and add a new Article V, Mopeds, Bicycles and Electric Power-Assisted Bicycles, Scooters, and Skateboards to the Vinton Town Code – Nathan McClung b. Briefing on proposed Ordinance to amend Chapter 10, Animals, Article I, In General, of the Vinton Town Code – Chief Foster c. Briefing on the Notice of Invitation for Bids (IFB) for the construction of the Glade Creek Greenway Phase 2A – Anita McMillan d. Briefing on proposed Ordinance to amend Chapter 82, Streets, Sidewalks and Other Public Places, Article III, Public Rights-of-Way Use Fee, Sections 82-61 -82-63 and Chapter 86, Taxation, Article IV, Tax on Purchases of Utility Service, Division 2, Telephone of the Vinton Town Code – Anita McMillan/Mike Lockaby e. Briefing on the proposed amendment to the Vinton Zoning Ordinance to repeal and adopt the revised Wireless Communication Facilities and Infrastructure Ordinance – Anita McMillan/Mike Lockaby 2. ITEMS REQUIRING ACTION a. Consider adoption of a Resolution authorizing the Town Manager to execute a Cooperative Agreement to accept a $300,000 Community-wide Brownfields Assessment Grant from the U.S. Environmental Protection Agency (EPA) – Pete Peters b. Consider adoption of a Resolution authorizing the Town Manager to execute a Contract with Draper Aden and Associates for Environmental Consulting to assist with administration of the $300,000 Community-wide Brownfields Assessment Grant from the U.S. Environmental Protection Agency (EPA) – Pete Peters 3. COMMENTS/UPDATES L. REPORTS FROM COUNCIL COMMITTEES 1. Economic Development Committee 2. Public Works Committee 3 M. MAYOR N. COUNCIL O. APPOINTMENTS TO BOARDS/COMMISSIONS COMMITTEES 1. Roanoke Valley Resource Authority P. CLOSED SESSION 1. Request to Convene in Closed Meeting, Pursuant Section 2.2-3711 (A)(3) of the Code of Virginia, 1950, as amended, for the purpose or consideration of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Town, specifically relating to a sanitary sewer easement on the Methodist Church property. 2. Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 (A) (7) for consultation with legal counsel and briefings by staff members pertaining to actual litigation, where such consultation or briefing in open meeting would adversely affect the Town's negotiating or litigating posture. Q. RECONVENE AND ADOPT CERTIFICATION OF CLOSED MEETING R. ADJOURNMENT NEXT TOWN COUNCIL/COMMITTEE MEETINGS: December 10, 2019 – 2:30 p.m. – Finance Committee Meeting – TOV Conference Room December 17, 2019 – 7:00 p.m. – Council Meeting - Council Chambers NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. will be made to provide assistance or special arrangements to qualified individuals with disabilities in order to participate in or attend Town Council meetings. Please call (540) 983-0607 at least 48 hours prior to the meeting Meeting Date December 3, 2019 Department Town Clerk Issue Consider approval of the minutes of the Regular Council meeting of November 5, 2019 Summary None Attachments November 5, 2019 minutes Recommendations Motion to approve minutes Town Council Agenda Summary 1 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, NOVEMBER 5, 2019, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA MEMBERS PRESENT: Bradley E. Grose, Mayor Keith N. Liles, Vice Mayor Sabrina McCarty Janet Scheid Michael W. Stovall STAFF PRESENT: Barry W. Thompson, Town Manager Susan N. Johnson, Executive Assistant/Town Clerk Mike Lockaby, Town Attorney Pete Peters, Assistant Town Manager/Director of Economic Development Anne Cantrell, Finance Director/Treasurer Tom Foster, Police Chief Anita McMillan, Planning & Zoning Director Joey Hiner, Public Works Director Nathan McClung, Principal Planner Chasity Barbour, Community Programs & Facilities Director 7:00 p.m. The Town Clerk called the roll with, Council Member Scheid, Council Member McCarty, Council Member Stovall, Vice Mayor Liles present. Roll call After a Moment of Silence, Angie Chewning led the Pledge of Allegiance to the U.S. Flag. Under upcoming community events, Council Member McCarty announced the following: November 6 – 8:00 a.m. – Grand-Reopening/Ribbon Cutting - Vinton Kroger; November 15 - 7:30 p.m. - Virginia Tech Hockey vs South Carolina – Lancerlot; November 15 through December 1 – The Bargain - Playhouse; December 5 - 6:00 p.m. – Downtown Tree p.m.; December 5 – Vinton Breakfas Spaghetti Dinner – VFW and December 12 – 6:00-9:00 p.m. - Town of Vinton Night at Illuminights – Explore Park. Council Member McCarty also commented on the success of the Downtown Trick or Treating. Under requests to postpone, add to or change the order of Agenda items, the Town Manager requested to add a new Section N, Closed Session, Item 1, R Section 2.2-3711 (A)(3) of the Code of Virginia, 1950, as amended, for the purpose or consideration of real 2 publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Town, specifically relating to a sanitary sewer easement on the Methodist Church property, a Reconvene and Adopt Certification of Closed Meeting and for the current Section N to Adjournment. Council approved the request. Chief Foster made comments relative to Election Day and then read a quote from Robert Kennedy, “ responsibilities of citizenship in a democracy”. He also requires responsibility”. the seconded by Vice Mayor Liles following vote, with all members voting: Vote 5-0; Yeas (5) – McCarty, Scheid, Stovall, Liles, Grose; Nays (0) – None. Approved minutes of Regular Council meeting of October 15, 2019; adopted Resolution No. 2324 appropriating funds in the amount of $334.40 for the receipt of an insurance claim made on a Town Vehicle involved in an accident Under awards, introductions, presentations, Justin Davison reviewed a PowerPoint presentation on the 1st quarter report of the Vinton Area Chamber of Commerce, which was a part of the agenda package and is on file in the Town Clerk’s Office as a part of the permanent record. After the presentation, Mr. Davison recognized Ang Kathryn Sowers, Executive Assistant and Beth Abbott, a Board Member. The next item on the agenda was a briefing on the facilities, franchise agreements for small cell facilities, wireless telecommunication facilities and public right- of- reviewed a PowerPoint presentation, which was a part of the agenda package and is on fi Clerk’s Office as a part of the permanent record. definition of small cell facilities and could it be a stand- speaking a small cell is going to be no taller than 50 building by more than ten percent (10%). The average telephone pole is 38 feet. It can have an equipment cabinet which is no more than 28 cubic feet in volume, 3 the pole and auxiliary power sources, if any. An antenna can be no more than four feet high and no more than a certain volume. The definitions under Virginia law and Federal law are different, but Federal law definitions are going to control in general. Communications has requested a franchise to use the Town’s rights-of-way, which has triggered a series of things that we have to do. The first is to respond to their request f current ordinances and get them up to date on a pretty quick turnaround. We are required by the FCC to first deal with the issue of the franchise for the public rights- of-way for the small cell facilities and then to address pole attachments to Town property in the rights-of- way. Also, we need to put into place an administrative process that complies with the latest FCC and Virginia permitting of small cells as far as zoning goes, which is the tool we have to try and make sure they are not too tremendously ugly. allowed on other Town facilities such as the Municipal responded you do not have to allow them on buildings that are not in the public rights-of- requires that you let them locate on your facilities that are in the public rights-of-way, which are basically light poles and traffic lights. With regard to being a non- the idea that by allowing everyone in their competition regulated like you have with electric uti telephone companies. One way to exclude areas of which is written into Federal law and it has to comply with the National Historic Preservation Act. The Town Attorney next commented on the slide showing the staff recommendations. If we have the opening of the bids on December 3rd, then we can have the adoption of the Ordinances. We are timeline with both the FCC and the General Assembly request from Cox was in June at which time they were Attorney for review. We have 180 days from the initial 4 The Town Attorney next commented that the vote tonight would be for the advertisement. He would also like to have Council’s consensus with staff time being put into getting all of these Ordinances ready so when it does hit crunch time we are ready to go. There was further discussion about the timeline to get our Ordinances completed and adopted and what rules Council would want them to go on Town buildings. The rights-of- written into the same agreement to allow them on top of town-owned buildings. The General Assembly has written a formula for setting the lease fees for those. The Town A Council has awarded a franchise, it would be good for 10 years plus three (3) five-year renewals for a total of 25 years. There will probably be a lot of activity in the first six months and some will want to get a franchise, but will not actually build anything for a couple of years. the advertisement for bids for the small cell franchises; the motion was seconded by Council Member McCarty and carried by the following ro members voting: Vote 5-0; Yeas (5) – McCarty, Scheid, Stovall, Liles, Grose; Nays (0) – None. Authorized the advertisement for bids for the small cell franchises The next item on the agenda was a briefing on the request to vacate a portion of a Public Utility Easement Avenue. easement is a remnant Sycamore Street. When the Street was vacated it was transitioned into a public utility easement. The vacation redevelopment of the property. The present location of the easement on each side of the property line would not allow any reasonable development. building is built right on top of the 15-foot easement. Verizon, Cox, AEP and Roanoke Gas contacted and none of them have any problems with the Town closing that portion and have no utilities within the easement, but the Public Works Department will remove it once the easement is vacated. An official survey will be furnished at the next Council meeting. The next item on the agenda was a briefing on the proposed Performance Agreement with Vinyard Station 5 Authority (EDA) to encourage the redevelopment of the former Vinton Motors into a mixed-use development to be known as Vinyard Station. Pete Peters commented necessary agreements to mov Mr. Peters next which was a part of the agenda package and is on file in record. With regard to the Performance Agreement, Mr. Peters next commented the acquisition and development of the centralized parking infrastructure needed to support the development and secure pedestrian access to connect the lot w downtown area anticipated to be just over $2.7 million and will generate in excess of $130,000 annually net new revenues for the Town and Roanoke County. The Agreement includes an initial cash payment of $250,00 incentive payment of approximately $50,000 for a period of 10 years. The total incentive package is capped at $750,000 over the 10-year period developer to achieve various predetermined investment goals, construction deadlines and achieve and maintain an employment threshold. He must maintain ownership of the property. The ownership of the vacant lot that connects to Lee Street connect to Pollard Street. Mr. Peters next commented that the Roanoke County Economic Development Authority (EDA) will consider a request tomorrow morning to authorize the Performance Agreement subject to Council taking action at their November 19th meeting. The Roanoke County Board of Supervisors will also be considering entering into a Memorandum of Understanding (MOU) with the Town tomorrow afternoon. The MOU provides that Roanoke County would provide funding assistance based on the net new revenues that t contribute those net new revenues back to the Town for a period of time to help offset the Town’s contribution financially to the Performance Agreement. He will be making the presentation to the EDA tomorrow morning and Roanoke County staff will be presenting the MOU to their Board tomorrow afternoon. Council Member Scheid asked when Council would be given a copy of the MOU and Mr. Peters responded at th 6 period of the MOU, Mr. Peters commented it is anticipated that the MOU as being presented tomorrow will be a five-year development incentive. That figure was derived based on Roanoke County’s portion of the $750,000 and their approximately one-third (1/3). working on this project and to Billy Vinyard, even though project. The next item on the agenda was to consider Wastewater Fees and Charges Schedule by an increase for FY2020 and an increase of 6.0 percent in the Service granted by Virginia Code §§ 15.2-2111, 15.2-2119 and 15.2-2122, according to the Vinton Town Code, Chapter 24, Utilities, Section 94-22 Fees and charges for water service and Section 94- wastewater service. Council on July 2, 2019, a Work Session was held on September 17, 2019 and a Public Hearing was held on October 15, 2019. From Davenport & Company’s report, the rates were based on a five- were based on age, failure inci supply and economic development opportunities. The main critical items to be addressed with these increases are upgraded meters, upgrade to a sewer pump station and a new well site to be brought on-line which would allow an underperforming well to be taken offline. There was $8.3 million in infrastructure identified along with other project improvements that needed to happen over the next five years. Most of these items would be funded through debt- others would be funded operations in the next three-five years. Davenport forecasted out and we would still be in- some of our neighboring jurisdictions, important when we began our discussion with them that we stay competitive. The bi-monthly billing move to monthly billing starting in July of 2020. Adopted Ordinance No. 1007 to revise Charges Schedule by an increase for FY2020 and an increase of 6.0 percent in the Service Charge and 8.0 percent authority granted by Virginia Code §§ 7 Council Member Stovall made a motion to adopt the Ordinance as presented; the motion was seconded by Vice Mayor Liles and carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) – McCarty, Scheid, Stovall, Liles, Grose; Nays (0) – None. according to the Vinton Town Code, Chapter 24, Utilities, Section 94-22 and Section 94-74, Fees and charges for wastewater service The next item on the agenda was to consider adoption and Pedestrian Accommodations Project – 5th Street to Town West Corporate Limit. commented that this is a reimbursable grant; however, the Town does have to appropriate the total amount of $1,446,282. On October 15th engineering services contract to Mattern & Craig for the project and as expenses, we will receive reimbursement from VDOT. Council Member Scheid made a motion to adopt the Resolution as presented; the motion was seconded by Council Member McCarty and carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) – McCarty, Scheid, Stovall, Liles, Grose; Nays (0) Adopted Resolution Accommodations Project – 5th Street The Town Manager commented that the Roanoke Valley Resource Authority’s Special Use Permit (SUP) with conditions that would limit Bradshaw Road traffic if trash hauling methods were to change. This affects an eight-acre February of last year. The SUP application will now go their November 19th meeting. The Town Manager next commented that Alicia Petska with the Roanoke Times has moved into covering crime and public safety and Alison Graham would now be the reporter covering Vinton. Under reports from Council Committees, Anne met on October 21, 2019 and project and the insurance appropriation for the Chevrolet pick-up, both of which Council took action on tonight and the August 2019 Financial Report. Ms. Cantrell then reviewed a PowerPoint presentation, which will be on file in the Town Clerk’s Office as a part of the permanent record. 8 Council Member Scheid made a motion to approve the August 2019 Financial Report; the motion was seconded by Vice Mayor Liles and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – McCarty, Scheid, Stovall, Liles, Grose; Nays (0) – None. Report The Mayor commented that he and the Town Manager attended the recent VDOT Fall meeting and he made some comments on the Town’s concerns about congestion and safety issues on 460 and how that would impact our community. Don Davis, former Mayor, commented from the audience smaller amount. He also commented on the quality of water. The Mayor commented that Council is aware there are some challenges with the water system and some of the funds received from t would go toward improving the system. Also, this would be one of the topics addressed at the upcoming Council Retreat. Mr. Davis next commented that j every community and area around has joined the Water Authority and that they good water and the citizens in Vinton deserve good water. The next item on the agenda was a request to convene in Closed Session pursuant to Section 2.2- 3711 (A)(3) of the Code of Virginia, 1950, as amended, for the purpose or consideration of real property for a negotiating strategy of the Town, specifically relating to a sanitary sewer easement on the Methodist Church property. Vice Mayor Liles made a motion to convene in Closed Session; the motion was seconded by Council Member McCarty and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – McCarty, Scheid, Stovall, Liles, Grose; Nays (0) – None. Council went into Closed Session at 8:54 p.m. At 9:35 p.m., the regular meeting reconvened and the approved on motion by Vice Mayor Liles; seconded by Council Member McCarty and carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) – McCarty, Scheid, Stovall, Liles, Grose; Nays (0) – None. Certification of Closed Meeting 9 Vice Mayor Liles made a motion to adjourn the meeting; the motion was seconded by Council Member Scheid members voting: Vote 5-0; Yeas (5) – McCarty, Scheid, Stovall, Liles, Grose; Nays (0) – None. The meeting was APPROVED: ________________________________ Bradley E. Grose, Mayor ATTEST: ______________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date December 3, 2019 Department Police Issue Introduction of new Police Officer Summary Chief Foster will present Officer J. T. Baker to Council and give a brief introduction. Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date December 3, 2019 Department Police Issue Police Department Certificate of Recognition Award Summary Chief Foster and Deputy Chief Drumond will present a Certificate of Recognition to Sergeant Michael Caldwell. Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date December 3, 2019 Department Finance/Treasurer Issue Presentation of Certificate of Distinguished Budget Presentation Award for the Fiscal Year beginning July 1, 2019 awarded to the Treasurer/Finance Department Summary The Town Staff is pleased to announce that we have received notification that the Town of Vinton has received GFOA’s Distinguished Budget Presentation Award for the Fiscal Year 2019-2020 Budget. This is the fourth year that the Town has received this award, which represents a significant achievement for the Town. In order to receive the award, a budget document must satisfy criteria to operate as a policy document, a financial plan, an operations guide, and a communications device. Budget documents must rate “proficient” in all four categories, an in the fourteen mandatory criteria within those categories to receive the award. Without support from the Mayor, Town Council, Town Management, and all Departmental Staff, this budget document and GFOA Distinguished Budget Award would not be possible. The Finance Department is looking forward to continuing to submit the budget document for the GFOA award, and to implement improvement recommendations from the reviewers. Attachments None Recommendations Present the Award Town Council Agenda Summary Meeting Date December 3, 2019 Department Administration Issue Presentation on Upcoming Innovation Mill Forum at Vinton War Memorial Summary Debbie Custer with the Innovation Mill will be present to give a brief presentation on the upcoming Forum to be held on December 11th at the Vinton War Memorial. Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date December 3, 2019 Department Council Issue PUBLIC OPENING OF FRANCHISE BIDS FOR SMALL CELL WIRELESS FRANCHISE Summary Council was briefed at their November 5, 2019 meeting regarding new regulations and/or policy pertaining to small cell facilities; franchise agreements for small cell facilities, zoning and site plan requirements pertaining to wireless telecommunication facilities and public right-of-way user fees. At that meeting, Council authorized the advertisement of a Request for Proposals for a non- exclusive, long-term franchise (maximum 25 years) to use and occupy the streets and public rights- of-way of the Town for the purpose of constructing, installing, and maintaining wireless communications facilities and infrastructure. The advertisement ran in The Vinton Messenger on November 14 and November 21, 2019 Attachments None Recommendations Motion to direct the Town Manager and the Town Attorney to enter into negotiations with the proposers and to develop recommendations and report back to Council at their December 17, 2019 meeting Town Council Agenda Summary Meeting Date December 3, 2019 Department Planning and Zoning Issue Briefing on proposed Ordinance to amend Chapter 82, Streets, Sidewalks, and Other Public Places, Article I, In General, Sections 82-17 and 82-18, add a new Section 82-19 and add a new Article V, Mopeds, Bicycles and Electric Power-Assisted Bicycles, Scooters, and Skateboards to the Vinton Town Code Summary In light of the Virginia General Assembly enabling local governments to develop their own regulations concerning dockless mobility operations with a deadline set for January 1st, 2020, Town staff have developed a draft of ordinance revisions and an administrative policy that governs specific rules and permitting procedures. The draft of ordinance sets forth the creation of a dockless mobility operation permitting policy and provides provisions for parking various mobility devices around the town. The policy covers all the parameters that companies will have to follow ranging from the equipment requirements to insurance and liability requirements. Also, Town staff found it appropriate to update this code section to align with the changes to the State laws governing mopeds in 2014. These changes include the requirements for the registration of mopeds in Virginia as well as the rules concerning their operation and use. Attachments Draft of Ordinance Draft of Administrative Rules and Permitting Policy PowerPoint Presentation Recommendations No Action Required Town Council Agenda Summary 1 ORDINANCE NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, DECEMBER 17, 2019 AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. AN ORDINANCE amending Chapter 82, Streets, Sidewalks, and Other Public Places, Article I, In General, Sections 82-17 and 82-18, adding a new Section 82-19 and adding a new Article V, Mopeds, Bicycles and Electric Power-Assisted Bicycles, Scooters, and Skateboards to the Vinton Town Code. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Vinton that Chapter 82, Streets, Sidewalks, and Other Public Places, Article I, In General, Sections 82-17 and 82-18 of the Vinton Town Code are amended, and Section 82-19 and Article V, Mopeds, Bicycles and Electric Power-Assisted Bicycles, Scooters, and Skateboards are adopted and enacted as follows: Chapter 82 - STREETS, SIDEWALKS AND OTHER PUBLIC PLACES ARTICLE I. - IN GENERAL * * * Sec. 82-17. - Use of wheelbarrows, handcarts, bicycles, skates, skateboards, scooters, etc., on sidewalks. roller skates, skateboards and bicycles in certain designated areas prohibited. (a) No person shall operate, on any sidewalk, any wheelbarrow, handbarrow, handcart, hand carriage or other carriage or vehicle, whatever, except in passing directly across such sidewalk for the purpose of delivering goods or other articles. This subsection shall not prohibit the use of carriages or wheelchairs used to carry infants or invalids on the sidewalks, nor shall this subsection prohibit the placement of a street vending cart by a vendor with a valid itinerant vendor license or the maneuvering of such cart to an authorized street vending site. (ba) It is prohibited to use roller skates and skateboards and/or ride bicycles or scooters, or electric power assisted bicycles or scooters, on designated sidewalks or crosswalks, including those of any church, school, recreational facility, or any business property open to the public where such activity is prohibited. (cb) A person riding a bicycle or scooter or an electric power assisted bicycle or scooter on a sidewalk, or across a roadway on a crosswalk, shall yield the right- of- way to any pedestrian and shall give an audible signal before overtaking and passing any pedestrian. (dc) A violation of this section shall be punishable by a civil penalty of not more than $50.00. 2 Sec. 82-18. – Parking provisions for bicycles, skateboards, and scooters. (a) No person shall park or leave standing a bicycle, skateboard, or scooter, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device, in any of the following places: (1) Any sidewalk area where free passage of sidewalk users would be obstructed, (2) Any street or driveway area where free passage of vehicular traffic would be obstructed, (3) Any entrance area of a building or facility where reasonable access to such building or facility would be obstructed, or (4) Any area where the Town prohibits parking of such vehicles. (b) If parked in a sidewalk area, skateboards, scooters, and bicycles shall be parked in the planter and utilities zone or in an area designated by the Town for parking of such vehicles. The planter and utilities zone shall be defined as the area lying between the street side edge line of unobstructed sidewalk and the curb line or edge of street pavement. The Town Manager shall have discretion to determine the appropriateness of certain areas for parking of bicycles, skateboards and scooters. (c) Scooters and bicycles shall not be parked in on-street spaces where and when time limitations on parking are in effect. Sec. 82-198. - Property owners and town to share cost of installation of curbs, gutters and sidewalks. One-half of the cost of the installation of curbs, gutters and sidewalks shall be paid by the property owner and the town will bear the remaining one-half of the cost of such installation. When the approximate cost of the installation is determined by the town, the property owner shall pay his one-half to the town treasurer prior to the installation. Any adjustment that is necessary will be made after the final cost has been determined, and the property owner shall pay the balance due the town upon receipt of a statement of account from the town. Secs. 82-19-20—82-35. - Reserved. * * * ARTICLE V. – MOPEDS, BICYCLES AND ELECTRIC POWER-ASSISTED BICYCLES, SCOOTERS, AND SKATEBOARDS DIVISION 1. - GENERALLY Sec. 82-76. - Definition, age of operation. The following terms, as used in this chapter, shall have the meanings as herein described below: All-terrain vehicle means a motor vehicle having three (3) or more wheels that is powered by a motor and is manufactured for off-highway use. "All-terrain vehicle" does not include four- wheeled vehicles commonly known as "go-carts" that have low centers of gravity and are 3 typically used in racing on relatively level surfaces, nor does the term include any riding lawn mower. Bicycle means a device propelled solely by human power, upon which a person may ride either on or astride a regular seat attached thereto, having two or more wheels in tandem, including children's bicycles, except a toy vehicle intended for use by young children. For purposes of this article, a bicycle shall be a vehicle when operated on a street. Dockless mobility operation means a business that rents skateboards, scooters, or bicycles to users, and such vehicles are generally inoperable unless activated by a user authorized by the business operator. Electric personal assistive mobility device means a self-balancing two-nontandem-wheeled device that is designed to transport only one (1) person and powered by an electric propulsion system that limits the device's maximum speed to fifteen (15) miles per hour or less. For purposes of this article, an electric power assistive mobility device shall be a vehicle when operated on a street. Electric power-assisted bicycle means a vehicle that travels on not more than three (3) wheels in contact with the ground and is equipped with (i) pedals that allow propulsion by human power and (ii) an electric motor with an input of no more than one thousand (1,000) watts that reduces the pedal effort required of the rider and ceases to provide assistance when the bicycle reaches a speed of no more than twenty (20) miles per hour. For purposes of this article, an electric power-assisted bicycle shall be a vehicle when operated on a street. Moped means every vehicle that travels on not more than three (3) wheels in contact with the ground that has (i) a seat that is no less than twenty-four (24) inches in height, measured from the middle of the seat perpendicular to the ground; and (ii) a gasoline, electric, or hybrid motor that (a) displaces fifty (50) cubic centimeters or less or (b) has an input of one thousand five hundred (1500) watts or less; (iii) is power-driven, with or without pedals that allow propulsion by human power; and (iv) is not operated at speeds in excess of thirty-five (35) miles per hour. “Moped” does not include a motorized skateboard or scooter. For purposes of this article, a moped shall be a vehicle when operated on a street. Motorized skateboard or scooter means every vehicle, regardless of the number of its wheels in contact with the ground, that (i) is designed to allow a person to stand or sit while operating the device, (ii) has no manufacturer-issued vehicle identification number, (iii) is powered in whole or in part by an electric motor, (iv) weighs less than one hundred (100) pounds, and (v) has a speed of no more than twenty (20) miles per hour on a paved level surface when powered solely by the electric motor. Motorized skateboard or scooter includes vehicles with or without handlebars but does not include electric personal assistive mobility devices. Sec. 82-77. - Penalties. Any person who shall remove, change, alter or mutilate any electric power-assisted bicycle or moped frame number shall be deemed guilty of a class 3 misdemeanor; and except as otherwise provided herein, any person who shall violate any other provision of this article shall 4 be deemed guilty of a traffic infraction which shall be punishable by a fine of not more than two hundred dollars ($200.00). Sec. 82-78. - Sale, rental of electric power-assisted bicycles and mopeds—Information required. Information regarding the sale or rental of electric power-assisted bicycles and mopeds shall be available to the chief of police upon the chief's request from vendors and lessors of electric power-assisted bicycles and mopeds. Sec. 82-79. - Summons. Whenever any police or other officer charged with the duty of enforcing this article shall discover any person violating any of the provisions of this article, such officer shall take the name and address of such person and issue a summons to or otherwise notify such person in writing, if such person be under eighteen (18) years of age, to appear before the judge of the juvenile and domestic relations court of the Town and if such person be eighteen (18) years of age or over, to appear before the general district court of the Town, at a time to be specified in such summons or notice, to be there dealt with according to the provisions of this article and the laws of the state applicable thereto. DIVISION 2. - REGISTRATION Sec.82-80. - Required for mopeds. It shall be unlawful for any person who resides in the Town to operate or use a moped upon any of the streets of the Town, or for any parent or guardian to allow any person under the age of sixteen (16) years, who resides in the Town, to operate or use a moped upon any of the streets of the Town unless such moped has been properly registered with the Virginia Department of Motor Vehicles. Sec.82-81. - Impoundment of abandoned or unregistered and mopeds. Any moped found without a number plate or tag issued by the Virginia Department of Motor Vehicles in accordance with section 82-80 of this article and unattended shall be deemed abandoned. If a reasonable attempt to locate the owner or user in the immediate vicinity of the moped fails to produce such owner or user, any moped so abandoned shall be taken into custody and impounded by the chief of police or any officer of the police department. Sec. 82-82. - Impoundment of unregistered mopeds. (a) When any police officer or other officer charged with the duty of enforcing this article shall discover any unregistered moped in any public place in the possession or control of any person, the officer may take custody of such moped and impound the same. Any moped so impounded shall be released only upon a satisfactory showing of ownership, payment of five dollars ($5.00) for storage charges, and proper registration and display of a tag or number plate by the owner or an agent of the owner. 5 (b) Any juvenile whose moped is impounded pursuant to this section shall be escorted forthwith to his or her place of residence or other appropriate place. (c) An officer impounding a moped under this section shall inform the person from whom possession or control of the moped was removed of the provisions of this section. Upon the taking of the moped into the officer's possession, the officer shall mail or hand-deliver a notice containing the provisions of this section. In the case of a juvenile, such notice shall be mailed or hand-delivered to the juvenile's parent or guardian. (d) If any moped impounded under this section is not reclaimed within thirty (30) days from the date of impounding, the chief of police or an agent of the chief of police shall cause the moped to be sold or donated. DIVISION 3. - OPERATION Sec. 82-83. - Compliance with traffic signals. Every person riding a bicycle, electric power-assisted bicycle, moped, or motorized skateboard or scooter over any public street shall comply with all traffic signs, signals and lights and with all directions by voice, hand or otherwise, given by any officer of the police department and shall have all of the rights and duties applicable to the driver of a motor vehicle, unless the context of the Town code clearly indicates otherwise. Sec. 82-84. - Hand on handlebars. No person shall ride a bicycle, electric power-assisted bicycle, moped, or motorized scooter on any street without having at least one (1) of his or her hands upon the handlebars and no person operating a bicycle or moped on a street shall carry any package, bundle, or article which prevents the driver from keeping at least one (1) hand on the handlebars. Sec. 82-85. - Riding on sidewalks. No person shall ride a bicycle, electric power-assisted bicycle, moped, or motorized scooter upon any sidewalk or cross a roadway on a crosswalk, whether paved or unpaved, in the Town. Sec. 82-86. - Reckless riding. No person shall ride a bicycle, electric power-assisted bicycle, moped, or motorized skateboard or scooter recklessly or at a speed or in a manner so as to endanger the life, limb or property of the rider or of any other person. Sec. 82-87. - Carrying other persons. No person riding a bicycle, electric power-assisted bicycle, moped, or motorized skateboard or scooter shall carry any additional person on the same. 6 Sec. 82-88. - Holding on to moving vehicle. No person riding a bicycle, electric power-assisted bicycle, moped, or motorized skateboard or scooter shall take or catch hold of or attach the same or himself/herself to any moving automobile, bus or other vehicle of any kind upon any street, for the purpose of being drawn or propelled by the same. Sec. 82-89. - Hand signals. Before turning or altering the course of operation of any bicycle, electric power-assisted bicycle, or motorized skateboard or scooter, the operator thereof shall give signals by extension of the hand to indicate the direction in which it is intended to proceed. Operators of mopeds shall use the electronic signaling devices that the moped is equipped with before turning or altering course of operation. If operating a moped with malfunctioning signal devices, or no signaling devices, the operator shall use hand signals. Sec. 82-89. - Method of riding. Any person operating a bicycle, electric personal assistive mobility device, electric power- assisted bicycle, moped, or motorized skateboard or scooter on a street at less than the normal speed of traffic at the time and place under conditions then existing shall ride as close as safely practicable to the right curb or edge of the street except under any of the following circumstances: (1) When overtaking and passing another vehicle proceeding in the same direction; (2) When preparing for a left turn at an intersection or into a private road or driveway; (3) When reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, pedestrians, animals, surface hazards, or substandard width lanes that make it unsafe to continue along the right curb or edge; (4) When avoiding riding in a lane that must turn or diverge to the right; and (5) When riding upon a one-way street, a person may also ride as near to the left-hand curb or edge of such street as safely practicable. For purposes of this section, a "substandard width lane" is a lane too narrow for bicycle, electric personal assistive mobility device, electric power-assisted bicycle, motorized skateboard or scooter, or moped and another vehicle to pass safely side by side within the lane. Persons riding bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, or motorized skateboard or scooter on a street shall not ride more than two (2) abreast. Persons riding two (2) abreast shall not impede the normal and reasonable movement of traffic, shall move into a single file formation as quickly as is practicable when being overtaken from the rear by a faster moving vehicle, and, on a laned roadway, shall ride in a single lane. Sec. 82-90. - Brakes. Every bicycle, electric power-assisted bicycle, moped, or motorized skateboard or scooter operated on any street shall be equipped with adequate brakes. 7 Sec. 82-91. – Lights. Every bicycle, electric personal assistive mobility device, electric personal delivery device, electric power-assisted bicycle, moped, and motorized skateboard or scooter with handlebars when in use between sunset and sunrise shall be equipped with a headlight on the front emitting a white light visible in clear weather from a distance of at least 500 feet to the front and a red reflector visible from a distance of at least 600 feet to the rear when directly in front of lawful lower beams of headlights on a motor vehicle. Such lights and reflector shall be of types approved by the chief of police or his or her designee. A lamp emitting a red light visible in clear weather from a distance of five hundred (500) feet to the rear may be used in lieu of or in addition to the red reflector. Such lights and reflector shall be of types approved by the chief of police or his or her designee. Sec. 82-92. - Riding out of lanes, alleys and driveways. Every person riding a bicycle, electric power-assisted bicycle, moped, or motorized skateboard or scooter out of a lane, alley or private driveway across a sidewalk or sidewalk area shall first bring such bicycle, electric power-assisted bicycle or moped to a stop before crossing such sidewalk or sidewalk area. Sec. 82-93. - Law enforcement officers. (a) Any law enforcement officer of the Town, operating a bicycle, electric power-assisted bicycle, all-terrain vehicle, moped, or motorized skateboard or scooter during the course of his or her duties, shall be exempt from the provisions of this division. (b) Any bicycle, electric power-assisted bicycle, all-terrain vehicle, moped, or motorized skateboard or scooter being operated by a law enforcement officer of the Town, during the course of his or her duties, shall be deemed to be a law enforcement vehicle and shall have the same rights and privileges as any other law enforcement vehicle when the bicycle, all- terrain vehicles or moped is being operated in response to an emergency call, while engaged in rescue operations or in the immediate pursuit of an actual or suspected violator of the law. Sec. 82-94. - Requirement of safety equipment for mopeds. (a) Any person who operates a moped on a public street shall wear a face shield, safety glasses, or goggles of a type approved by the superintendent of the Virginia State Police, or have the moped equipped with safety glass or a windshield at all times while operating such moped, and operators and passengers thereon, if any, shall wear a protective helmet of a type approved by the superintendent of the Virginia State Police. (b) Any person who knowingly violates this section shall be guilty of a traffic infraction and be subject to a fine of not more than fifty dollars ($50.00). (c) A violation of this section shall not constitute negligence, be considered in mitigation of damages of whatever nature, be admissible in evidence or be the subject of comment by counsel in any action for the recovery of damages arising out of the operation, ownership, or maintenance of a moped, nor shall anything in this section change any existing law, rule, or procedure pertaining to any civil action. 8 Sec. 82-95. - Persons riding upon mopeds. (a) No person under the age of sixteen (16) years shall operate a moped on any street in the Town. (b) No person other than the operator thereof shall ride upon a moped unless such moped is designed to carry more than one (1) person, in which event a passenger may ride upon a separate and permanent seat attached thereto; provided, however, that such moped is also equipped with a footrest for such passenger. A violation of this section shall constitute a traffic infraction punishable by a fine of not more than two hundred dollars ($200.00). Sec. 82-96. - Parking. No person shall park a bicycle, electric power-assisted bicycle, or motorized skateboard or scooter in a manner that impedes the normal movement of pedestrian or other traffic or where such parking is prohibited by official traffic control devices. DIVISION 4. - DOCKLESS MOBILITY OPERATIONS Sec. 82-97. - Permit requirement. The operation of a dockless mobility operation within the Town's rights-of-way shall be prohibited without a permit issued by the Town Manager. The vehicles of an unpermitted dockless mobility operation shall be subject to confiscation by the Town. Sec. 82-98. - Permitting and permit requirements. The Town Manager shall develop and publish a process for issuance of permits under this section as well as rules and regulations for dockless mobility operations as a condition of permitting. The fee for such permit shall be established by Town Council as a part of the Town's fee compendium. This Ordinance adopted on motion made by Council Member ____________________ and seconded by Council Member ____________________, with the following votes recorded: AYES: NAYS: APPROVED: ___________________________________ Bradley E. Grose, Mayor ATTEST: ____________________________________ Susan N. Johnson, CMC, Town Clerk Town of Vinton Dockless Mobility Operations Administrative Rules and Permitting 2019-_____ 1 Table of Contents I. Policy Statement and Purpose ............................................................................................................... 2 II. Permit Application Procedures ............................................................................................................. 2 III. Equipment Requirements .................................................................................................................. 2 IV. Operations ......................................................................................................................................... 3 V. Safe Riding and Storage of Shared Mobility Devices ...................................................................... 3 VI. Equitable Access ............................................................................................................................... 5 VII. Customer Service Requirements ....................................................................................................... 5 VIII. User Protections ................................................................................................................................ 6 IX. Insurance and Liability: .................................................................................................................... 7 X. Effective Dates .................................................................................................................................... 10 2 I. Policy Statement and Purpose a. The purpose of this policy is to establish rules and regulations governing the temporary operation of a dockless bicycle and e-scooter sharing system within the Town of Vinton (hereinafter referred to as "Town" or "Town of Vinton") and to ensure that such mobility sharing systems are consistent with the safety and well- being of bicyclists, pedestrians, people with disabilities, and other users of the public rights-of-way for the duration of the program. b. In Virginia Code §§ 15.2-2015 and 46.2-1315, the General Assembly has granted express authority for these regulations. These provisions apply to any deployment of shared mobility systems (to include direct rental or similar programs) within the Town's jurisdictional boundaries. II. Permit Application Procedures a. Any person seeking to operate a shared mobility system within the Town shall first obtain a Permit from the Town, conditioned on compliance with the regulations contained in this policy and any other conditions (including insurance and indemnity) established by the issuing official. The Permittee will be required to obtain a business license and will be responsible for all applicable local fees and taxes. b. A prospective Operator shall submit a completed application on a form provided by the Town. Required information and required fees shall be submitted with the permit application for the application to be considered complete. c. The permit fee for use of Town right-of-way is $_________ per year submitted upon permit approval. d. No person shall operate a shared mobility system within the Town without a Permit. Any person who operates a shared mobility system without a permit shall be subject to a civil penalty not to exceed one thousand dollars ($1,000.00) for each violation within the discretion of the court. Each day of violation shall constitute a separate offense. e. The Town Manager or the Manager's designee, may revoke any Permit without prior notice for failure to comply with the Operating Regulations. f. Any person whose Permit application has been denied, or whose Permit has been revoked or terminated, may file an appeal with the Town Manager by submitting a written statement to the Town Manager within 10 business days of the denial or revocation. The written statement shall describe the basis of the appeal. The Town Manager shall issue a final decision on the appeal within 10 business days. Any Permittee whose Permit has been revoked may not apply for another Permit within six months. g. The term of a permit is 12 months from the date it was issued. III. Equipment Requirements a. All bicycles shall meet the safety standards outlined in the Code of Federal Regulations Title 16, Chapter II, Subchapter C, Part 1512- Requirements for 3 Bicycles. In addition, all bicycles shall meet the standards established in the Code of Virginia (§ 46.2-1015), as amended, including for lighting during operation in darkness. b. Any electric Bicycles with a permit issued under this program shall meet the definition of electric power-assisted bicycle in Virginia Code §46.2-100, as amended, and shall be subject to the same requirements as ordinary Bicycles. Electric bicycles shall have a top motor-powered speed not to exceed 15 mph. c. Any electric Scooter with a permit issued under this program shall meet the definition of motorized scooter in Virginia Code §46.2-100, as amended. Scooters shall have a top motor-powered speed not to exceed 15 mph. d. The Town may modify the top speed of any electric Bicycles and electric Scooters at its discretion over the course of the program. e. All scooters shall meet the safety standards established in the Code of Virginia (§ 46.2-1015), as amended, requiring both headlight and taillight. f. Each shared mobility device shall be equipped with an on-board GPS device capable of providing real-time location. g. All shared mobility devices should be equipped with devices that allow the permittee to remotely render a share mobility device inoperable that has been reported as being either damaged or defective. h. All Electric Scooters/Bicycles must be certified as safe to operate under any applicable standard by Underwriters Laboratories or an equivalent safety rating agency. IV. Operations a. Each Permit shall designate the specific number of shared mobility devices that the Permittee may deploy in the Town. b. The Town Manager reserves the right to order the removal of all devices due to weather or other local situations, events, or emergencies for up to 48 hours. c. Permittees must be aware of and plan for Town or Town-sponsored events, providing additional staffing, rider education/awareness, and temporary no-ride and no-park zones as necessary. d. Permittees shall provide administrative access for Town officials to relocate devices that are blocking the public right- of-way or creating obstacles for vehicles or pedestrians. V. Safe Riding and Storage of Shared Mobility Devices a. Devices shall be parked upright on hard surfaces in a manner that does not obstruct or impede the public right of way in locations specified in Chapter 82 of the Town Code. b. Permittee shall apply geofencing specifications provided by the Town to direct users to specified designated parking areas. Users shall not be allowed to sign out of their ride unless parked in a designated area. 4 c. Bicycles and e-scooters shall be parked in such a manner as to provide a 4-foot pedestrian clear zone area in the sidewalk. d. Bicycles and e-scooters shall not be parked in such a manner as to impede or interfere with any fire hydrant, call box, or other emergency facility; bus stops; or utility pole or box; or the reasonable use of any commercial window display or access to or from any building. e. Bicycles and e-scooters shall not be parked in such a manner as to impede or interfere with the reasonable use of any bicycle rack or news rack. f. The Town Manager, or the Manager’s designee, reserves the right to determine certain blocks where bicycle share or e-scooter parking is prohibited. g. Bicycles and e-scooters may be left in on-street parking spaces only if the Town Manager, or the Manager’s designee, has officially designated those spaces as dockless mobility parking stations in connection with this program. The Town will apply visible markings or post signs to identify any such parking stations. Permittees shall not apply any markings or post any signs in public right-of-way. h. Bicycles and e-scooters shall not be parked adjacent to or within: i. Transit zones, including bus stops, shelters, passenger waiting areas and bus layover and staging zones, except at existing bicycle racks; ii. Loading zones; iii. Disabled parking zone; iv. Street furniture that requires pedestrian access (for example - benches, parking pay stations, bus shelters, transit information signs, etc.); v. Curb ramps; vi. Entryways; and vii. Driveways. i. To the extent a Permittee desires to park bicycles or e-scooters in areas other than the public right-of-way (e.g. parks, plazas, parking lots, private property, or transit stations), the Permittee must first obtain the right to do so from the Town Manager. j. Permittee shall stop placing scooters or allowing contractors to place scooters and/or bicycles in front of any address provided by the Town within 48 hours of notice. k. Permittee shall apply geofencing specifications provided by the Town to prohibit riding/parking/locking scooters and/or bicycles in specified areas and geographic areas of the Town (such as the Wolf Creek Greenway, Glade Creek Greenway, Glade Town Trail, etc.). When the device enters a geofenced area, the Permittee will either disable the vehicle or reduce the speed to 5 mph or less. In addition to limiting operation, the Permittee will notify the user of the restriction. l. Any shareable mobility device found to be in violation of this section is subject to removal; the Permittee must pay thirty-five dollars ($35.00) for each scooter removed and five dollars ($5.00) per day of storage, including the day of removal and the day of release from storage. The Town shall provide notice of removal within twenty-four (24) hours of removal. 5 m. During deployment and rebalancing, employees and contractors of the Permittee shall obey all Town Permit Program Regulations and shall not block traffic lanes, parking lanes, and bus lanes without receiving prior permit approval. Permittee shall abide by all Town Street and Sidewalk Closure requirements and standards. n. Permittees shall provide notice to all users by means of signage and through a mobile or web application that: i. Bicyclists and e-scooters must not ride on sidewalks, trails, or greenways and must yield to pedestrians at crosswalks; and ii. Use of helmets are strongly encouraged for all users. iii. Operation by anyone less than 16 years old is prohibited. iv. Bicycles and electric scooters shall ride on streets, and where available, in bike lanes; v. Stand-up electric scooters are to stay to the right of street lanes and to offer the right of way to bicycles on bike lanes and bike paths vi. Parking must be done in designated areas; vii. Wearing headphones on or in both ears while riding a bicycle or scooter is prohibited; viii. Operating a shared mobility device while texting or while under the influence of alcohol is prohibited. o. Permittee shall provide education on the Town's existing rules and regulations, safe and courteous riding, and proper parking. VI. Equitable Access a. Permittee will provide a non-credit and non-smartphone mechanism to access its services. b. The Town reserves the right to propose or designate service areas that will ensure access to a variety of neighborhoods. c. Mobile apps and other customer interface technology must be fully accessible to persons with disabilities and accessible to screen readers, and must comply with Section 508 of the United States Workforce Rehabilitation Act of 1973. VII. Customer Service Requirements a. Permittee shall provide easily visible contact information, including a toll-free phone number and e-mail address on each bicycle or electric scooter for Town employees and/or members of the public to make relocation requests or to report other issues with devices. b. Permittees shall maintain a local Permittee representative and provide a direct point of contact to the Town and its residents. c. Permittees shall maintain a 24-hour customer service phone number for customers to report safety concerns, complaints, or to ask questions. This phone number and its website shall be provided on every device that is in service in the Town. d. Permittee will maintain a multilingual website, call center, and mobile App customer interface that is available twenty-four hours a day, seven days a week. 6 e. Upon notification by the Town, any scooter and/or bike belonging to Motorized Dockless Scooter/Bike Share Program Operator that is improperly parked, left standing, or unattended on any sidewalk, street, or public right-of-way under the jurisdiction of the Town, the Motorized Dockless Scooter/Bike Share Operator shall remove the scooter and/or bicycle within twenty-four (24) hours. f. In the event a bicycle or e-scooter is not relocated, re-parked, or removed within the timeframes specified herein, such devices may be removed by the Town or its designee and taken to a facility for storage at the expense of the Permittee. Notwithstanding any other provision of the Municipal Code of the Town of Vinton, the Permittee shall be required to pay a fine for each device that is removed from the public right-of-way by the Town, in addition to any storage expenses. The amount of the fine shall be set by the Town Manager and shall be contained in the permit. g. Customers using scooters and/or bicycles that are permitted under this program must be provided with a mechanism to notify the Permittee that there is a safety or maintenance issue with the scooter and or bicycle. h. In the event a safety or maintenance issue is reported for a specific device, that bicycle or e-scooter shall immediately be made unavailable to users and shall be removed within the timeframes provided herein. Any inoperable or unsafe device shall be repaired before it is put back into service. VIII. User Protections a. Permittee must employ an electronic payment system that is compliant with the Payment Card Industry Data Security Standards (PCI DSS). b. Permittee must provide a Privacy Policy that safeguards customers' personal, financial, and travel information and usage including, but not limited to, trip origination and destination data. Permittee agrees to make its policies, procedures and practices regarding data security available to the Town, upon request, and further agrees that the Town reserves the right to hire a third party to perform a security audit mid-way through the permit term, or at any time the Town determines that an audit is warranted. c. Permittee must provide customers the opportunity to assent explicitly to any privacy policy, terms of service, or user agreements. Separately, customers must have the ability to decline sharing any data not required to enable the Permittee to process and complete the transaction. The customer's options with regard to these requirements shall be clearly stated and easily accessed by the customer. d. Permittee shall produce a Privacy Policy that complies with any data protection laws applicable to minors, and further, expressly limits the collection, storage, or usage of any personally identifiable information to the extent absolutely required to successfully accomplish the provision of an e-scooter and/or bicycle transportation service. Without limitation to other permitting provisions requiring anonymized origin/destination and route data for solely public purposes set forth by the Town, Permittee may not make any personal data of program participants 7 in the Town available to any third party advertiser or other private entity, including another entity that may be affiliated with or jointly owned by the entity that owns Permittee. e. Permittee shall not claim any legal right in its Terms of Use, Privacy Policy, or elsewhere to institute retroactive changes to its Privacy Policy and shall provide an opportunity for the customer to explicitly assent prior to any changes to its data practices, including uses of data Permittee collected under a prior policy. f. Permittee may not collect Personal Data related to, nor sort Personal Data nor individual data subjects according to, the protected classes of race, color, religion, sex (including, but not limited to, gender identity, transgender status, or sexual orientation, pregnancy, childbirth or related medical conditions, national origin, age, marital status, or disability, except for survey data collected on an opt-in basis and for a public purpose expressly set forth by the Town. Permittee may not deny service to any user on the basis of their refusal to provide any such survey information or on the basis of their actual or perceived membership in any of the protected classes listed above. The Town shall consult the Human Rights Commission if it receives any complaints based upon any potential violations of this provision. g. Permittee must disclose any and all existing data sharing agreements and must notify the Town in advance of any prospective partnership, acquisition or other data sharing agreement. Permittee may not engage in or facilitate any inter-app operability or other form of private partnership that includes data acquisition or other data sharing model with any entity if the entity does not meet the standards set forth herein. h. Permittee shall disclose all data breaches to an affected customer within thirty days of the breach. IX. Insurance and Liability: a. By signing and submitting a permit application, the Permittee certifies that it will purchase and maintain, at its sole expense, and from a company or companies authorized to do business within the Commonwealth of Virginia, insurance policies containing the following types of coverages and minimum limits, protecting from claims which may arise out of or result from the Permittee's performance or non-performance of services under this agreement, or the performance or non-performance of services under this agreement by anyone directly or indirectly employed by the Permittee or for whose acts it may be liable: i. Workers' Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the Town of increases in the number of employees that change their workers' compensation requirements under the Code of Virginia during the course of the 8 agreement shall be in noncompliance with the agreement. This policy shall specifically list Virginia as a covered state. ii. Employer's Liability - $100,000. This policy shall specifically list Virginia as a covered state. iii. Commercial General Liability - $1,000,000 per occurrence. Commercial General Liability is to include bodily injury and property damage, personal injury, advertising injury, contractual liability, and products and completed operations coverage. The Town and its officers, employee agents and volunteers must be named as an additional insured and so endorsed on the policy. iv. Automobile Liability - $1,000,000 per occurrence. (Only used if motor vehicle is to be used in the agreement.) v. Cyber Liability/ Information Technology - $1,000,000 per claim, including coverage for costs of 3rd party notification, credit monitoring, and fraud protection. vi. All insurance coverage: 1. Shall be issued by an insurance carrier authorized to do business within the Commonwealth of Virginia and rated A - VIII or better, by A. M. Best Company or equivalent rating from an alternate recognized ratings agency, and otherwise acceptable to the Town; 2. Shall be kept in force throughout performance of services; 3. Shall be an occurrence based policy; 4. Shall include completed operations coverage; 5. Shall contain a cross liability or severability of interest clause or endorsement. Insurance covering the specified additional insured shall be primary and non-contributory, and all other insurance carried by the additional insureds shall be excess insurance; 6. Where additional insured required, such policy shall not have a restriction on the limits of coverage provided to the Town as an additional insured. The Town shall be entitled to protection up to the full limits of the Permittee's policy regardless of the minimum requirements specified in the Agreement. b. Proof Of Insurance: Prior to performance of any services or delivery of goods, the Permittee shall: i. Have all required insurance coverage in effect; ii. The Permittee shall deliver to the Town certificates of insurance for all lines of coverage, or other evidence satisfactory to the Town in its sole discretion. The Permittee shall be responsible that such coverage evidenced thereby shall not be substantially modified or canceled without 30 days prior written notice to the Town; and iii. The Permittee shall deliver to the Town endorsements to the policies which require the Town and its officials, officers, employees, agents and volunteers be named as "additional insured". Policies which require this 9 endorsement include: Commercial General Liability and Auto Liability. Such endorsements must be approved by the Town, and iv. Upon the request of the Town, provide any other documentation satisfactory to the Town in its sole discretion, evidencing the required insurance coverage, including but not limited to a copy of the insurance policy and evidence of payment of policy premiums. The Permittee shall require each of its subcontractors and suppliers to have coverage per the requirements herein in effect, prior to the performance of any services by such subcontractors and suppliers. Further, the Permittee shall ensure that all Required Insurance coverages of its subcontractors and suppliers is and remains in effect during performance of their services on the Project and certifies by commencement of the Work that this insurance and that of subcontractors is in effect and meets the requirements set forth herein. The Town shall have no responsibility to verify compliance by the Permittee or its subcontractors and suppliers. c. Effect Of Insurance: Compliance with insurance requirements shall not relieve the Permittee of any responsibility to indemnify the Town for any liability to the Town, as specified in any other provision of this agreement, and the Town shall be entitled to pursue any remedy in law or equity if the Permittee fails to comply with the contractual provisions of this agreement. Indemnity obligations specified elsewhere in this Agreement shall not be negated or reduced by virtue of any insurance carrier's denial of insurance coverage for the occurrence or event which is the subject matter of the claim, or by any insurance carrier's refusal to defend any named insured. Permittee explicitly acknowledges and understands that it assumes the risk of placing its dockless mobility devices on Town property and that the Town will not be responsible for any damages to such devices arising from their presence on Town property. d. Waiver Of Subrogation: The Permittee agrees to release and discharge the Town of and from all liability to the Permittee, and to anyone claiming by, through or under the Permittee, by subrogation or otherwise, on account of any loss or damage to tools, machinery, equipment or other property, however caused. e. Sovereign Immunity: Nothing contained within this agreement shall effect, or shall be deemed to affect, a waiver of the Town's sovereign immunity under law. No agreement awarded as a result of this procurement transaction shall contain any provisions requiring the Town to waive or limit any sovereign or governmental immunity to which it may be entitled. f. Right to Revise or Reject: The Town reserves the right, but not the obligation, to revise any insurance requirement not limited to limits, coverages and endorsements, or reject any insurance policies which fail to meet the criteria stated herein. Additionally, the Town reserves the right, but not the obligation, to review and reject any insurer providing coverage due to its poor financial condition or failure to operate legally. 10 X. Effective Dates a. This policy shall be effective from________, 20__ and shall terminate on ___________, 20__. During the time the program is in effect, the Town Manager may amend the program regulations from time to time to ensure that participants are meeting program goals. Any changes or amendments to program regulations shall go into effect immediately. The Town shall notify Permittees of any such changes or amendments as soon as practicable. b. The Town reserves the right to terminate the program prior to ______, 20__ if, in the sole opinion of the Town Manager, the use or accessibility of public right-of- way is compromised or compliance with program regulations is inadequate. If the Town Manager terminates the program, Permittees shall remove all devices from Town right-of-way within five (5) business days. Moped Regulations and Dockless Mobility Operations TOV Planning and Zoning Department Mopeds: Major Changes from the VA State Code •Driver must carry a government-issued photo ID (does not have to be a driver’s license). •Every driver and passenger must wear a helmet while riding a moped.Drivers must also wear a face shield,safety glasses or goggles unless the moped has a windshield. •Cannot ride a moped on the interstate •Must be at least age 16 to drive a moped •It is illegal to drive a moped if your license is suspended or revoked for: •Convictions of DUI •Underage consumption of alcohol •Refusing a blood/breath test •or Driving while suspended/revoked for a DUI-related offense. •Must be titled and registered by the Department of Motor Vehicles (DMV). 2 Planning and Zoning Article V Components: Registration and Operations •Information regarding sales shall be available to the chief of police if requested. •Registration and impoundment of mopeds •Operation of mopeds and other devices: •Traffic Signals •Hand of handlebars •No riding on sidewalks •No reckless riding •One person at a time •No “skitching” (grabbing onto other vehicles) •Use of hand signals •Extensive method of riding (conditions that warrant alternative modes of travel) •Equipment requirements (brakes, lights, etc.) 3 Planning and Zoning Article V Components: Sidewalks and Parking •Section applies to bicycles, skateboards, and scooters (including the electric variation of these devices). •Cannot be used on sidewalks and must yield to pedestrians at crosswalks. •Can be parked in the Planter and Utilities Zones of sidewalk areas 4 Planning and Zoning Dockless Mobility OperationsAdministrative Rules and Permitting 5 Planning and Zoning Dockless Mobility Operations Policy •In light of the Virginia General Assembly enabling local governments to develop their own regulations concerning dockless mobility operations with a deadline set for January 1st,2020, Town staff have developed a draft of ordinance revisions and an administrative policy that governs specific rules and permitting procedures. •The ordinance amendments and additions to Chapter 82 (Street,Sidewalks,and Other Public Spaces)set forth the creation of a dockless mobility operation permitting policy and provides provisions for parking and operating various mobility devices around the town. •This policy only governs the permitting process and rules for an actual company that would seek to operate in the Town of Vinton,and not a private individual who owns an e-scooter,e- bike,or e-skateboard. 6 Planning and Zoning Contents of the Policy Include •Policy Statement and Purpose •Permit Application Procedures •Equipment Requirements •Operations •Safe Riding and Storage of Shared Mobility Devices •Equitable Access •Customer Service Requirements •User Protections •Insurance and Liability 7 Planning and Zoning Permit Application Procedures •Requires a business license and payment of local fees and taxes •The term of the permit is 12 months from the date it was issued. •The permit can be revoked at any time. •The permit fee for use of Town right-of-way is $__________per year. •Each permit will designate the specific number that will be deployed in the Town. •Cost of the permit for other localities: •City of Roanoke:annual fee of $5,000.00 •Charlottesville,VA:base fee of $500 plus $1.00 per device per day •City of Richmond:base fee of $1,500,plus annual fee associated with number (up to $45,000 for 500) •Arlington,VA:annual fee of $8,000.00 •Alexandria,VA:annual fee of $5,000.00 8 Planning and Zoning Equipment Requirements •Top motorized speed for e-bikes and e-scooters:15 MPH •Require both headlights and taillights •Require an on-board GPS device •Permittee must be able to shut down a damaged or defective device remotely •Must be certified as safe to operate under any applicable standard by Underwriters Laboratories or an equivalent safety rating agency. 9 Planning and Zoning Safe Riding and Storage •Parking regulations follow the Town Ordinance revisions discussed previously,but include more specific regulations concerning specific locations and areas. •Permittee shall apply geofencing specifications provided by the Town to prohibit riding/parking/locking scooters and/or bicycles in specified areas and geographic areas of the Town (such as the Wolf Creek Greenway,Glade Creek Greenway,Glade Town Trail,etc.). When the device enters a geofenced area,the Permittee will either disable the vehicle or reduce the speed to 5 mph or less. •Any shareable mobility device found to be in violation of this section is subject to removal; the Permittee must pay thirty-five dollars ($35.00)for each scooter removed and five dollars ($5.00) per day of storage,including the day of removal and the day of release from storage. The Town shall provide notice of removal within twenty-four (24) hours of removal. 10 Planning and Zoning Safe Riding and Storage •Permittees shall provide notice to all users by means of signage and through a mobile or web application that: •Bicyclists and e-scooters must not ride on sidewalks,trails,or greenways and must yield to pedestrians at crosswalks;and •Use of helmets are strongly encouraged for all users. •Operation by anyone less than 16 years old is prohibited. •Bicycles and electric scooters shall ride on streets,and where available, in bike lanes; •Stand-up electric scooters are to stay to the right of street lanes and to offer the right of way to bicycles on bike lanes and bike paths; •Parking must be done in designated areas; •Wearing headphones on or in both ears while riding a bicycle or scooter is prohibited; •Operating a shared mobility device while texting or while under the influence of alcohol is prohibited. 11 Planning and Zoning Equity, Service, and Protections •Users should be able to pay without credit cards or smartphones •Multilingual websites and app interfaces •24-hour customer service for customers to report any concerns or questions •Upon notification by the Town,any scooter and/or bike belonging to Motorized Dockless Scooter/Bike Share Program Operator that is improperly parked,left standing,or unattended on any sidewalk,street,or public right-of-way under the jurisdiction of the Town, the Motorized Dockless Scooter/Bike Share Operator shall remove the scooter and/or bicycle within twenty-four (24) hours.(?) •User Protections concerning data and privacy •Certification of insurance and liability 12 Planning and Zoning Questions or Comments 13 Planning and Zoning 1 Meeting Date December 3, 2019 Department Police Issue Briefing on proposed Ordinance to amend Chapter 10, Animals, Article I, In General, of the Vinton Town Code Summary Current town code does not address situations whereby a person is attacked or bitten by an animal in a manner that does not meet the definition of a dangerous or vicious dog; or whereby property is damaged as a result of the animal owner not taking reasonable care or precautions. Dangerous dog means a canine or canine crossbreed that has: (1) Bitten any person or companion animal that is a dog or cat; (2) Attacked any person or companion animal that is a dog or cat; (3) Inflicted injury on a person or companion animal that is a dog or cat; (4) Which has killed a companion animal that is a dog or cat. However, when a dog attacks or bites a companion animal that is a dog or cat, the attacking or biting dog shall not be deemed dangerous: (1) If no serious physical injury as determined by a licensed veterinarian has occurred to the dog or cat as a result of the attack or bite; (2) If both animals are owned by the same person; (3) If such attack occurs on the property of the attacking or biting dog's owner or custodian; or for other good cause as determined by the court. (4) No dog shall be found to be a dangerous dog as a result of biting, attacking, or inflicting injury on a dog or cat while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event. Town Council Agenda Summary 2 Vicious dog means a canine or canine crossbreed that has: (1) Killed a person; (2) Inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of a bodily function; or (3) Continued to exhibit the behavior which resulted in a previous finding by a court, or one [on] or before July 1, 2006, by an animal control officer as authorized by local ordinance, that it is a dangerous dog, provided that its owner has been given notice of that finding. Any dog evidencing the characteristics or conduct described in subsections (1), (2) or (3) of this definition shall be a vicious dog even though not previously found so by any court. This ordinance will make it the duty of every owner, as defined in Section 10-2, of an animal to exercise reasonable care and take all necessary steps and precautions to protect other persons, property and animals from injuries or damage which may result from his or her animal’s behavior. If the owner or custodian of an animal is a minor, the parent or guardian of such minor shall be responsible to ensure compliance with this section. The punishment for a violation of this section shall be deemed a class 4 misdemeanor (a fine of not more than $250.00). Attachments Draft Ordinance Recommendations No action required 1 ORDINANCE NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, DECEMBER 17, 2019, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA AN ORDINANCE amending Chapter 10, Animals, Article I, In General, of the Vinton Town Code. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Vinton that Chapter 10, Animals, Article I, In General is amended as follows: Chapter 10 – ANIMALS * * * ARTICLE I. – IN GENERAL * * * Sec. 10-18. Duty of animal owners. It shall be the duty of every owner, as defined in Section 10-2, of an animal to exercise reasonable care and take all necessary steps and precautions to protect other persons, property and animals from injuries or damage which may result from his or her animal’s behavior. If the owner or custodian of an animal is a minor, the parent or guardian of such minor shall be responsible to ensure compliance with this section. Sec. 10-19. Other violations; enjoining of violations. A violation of any provision of this chapter, excluding any section where a specific punishment is listed, shall be a class 4 misdemeanor. A separate offense shall be held to have been committed each day that such violation shall occur or continue. In addition to any other penalty imposed, the town may seek an injunction to enjoin the continuing violation of any provision of this chapter. Secs. 10-1920 -- 10-40. - Reserved. This Ordinance adopted on motion made by Council Member ____________________ and seconded by Council Member ____________________, with the following votes recorded: AYES: NAYS: 2 APPROVED: ___________________________________ Bradley E. Grose, Mayor ATTEST: ____________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date December 3, 2019 Department Planning and Zoning Issue Briefing on the Notice of Invitation for Bids (IFB) for the construction of the Glade Creek Greenway Phase 2A. Summary On November 5, 2019, the Town obtained the federal authorization to advertise the construction bids for the Glade Creek Greenway. The IFB notice has been advertised in The Roanoke Times on two consecutive Sundays, November 10 and 17, 2019. A pre-bid meeting was held last Thursday, November 21, 2019, and about 12 construction companies were represented. The IFB is due by Tuesday, December 3, 2019. Staff is hoping to present a construction bid award to be approved by Town Council at the Council meeting on December 17, 2019. Attachment Notice of Invitation for Bids advertisement Recommendations No action required. Town Council Agenda Summary TOWN OF VINTON, VIRGINIA NOTICE OF INVITATION FOR BIDS IFB # TOV PZ-19-01 GCG Phase 2A Sealed Bids for the construction of the Glade Creek Greenway Phase 2A, enclosed in a SEALED envelope, and with IFB # TOV PZ-19-01 GCG Phase 2A written on the outside of the envelope, will be received by the Town of Vinton, at the office of the Director of Planning and Zoning, Room 105, 311 South Pollard Street, Vinton, VA 24179, until 3:00 PM local time on Tuesday, December 3, 2019, at which time the Bids received will be publicly opened and read. The Project consists of constructing of 2,803 linear feet of 10-foot wide paved greenway. The project will also include the installation of fencing, stormwater improvements, retaining walls, and associated appurtenances. Bids will be received for a single prime Contract. Bids shall be on a unit price basis as indicated in the Bid Form. The Issuing Office for the Bidding Documents is Hurt & Proffitt, Inc., 1861 Pratt Drive, Suite 1100, Blacksburg, Virginia 24060. Any questions must be submitted in writing, no later than noon local time on Monday, November 25, 2019, to the attention of J. Michael Johnson, PE, mjohnson@handp.com, 540-552-5592. Prospective Bidders may examine the Bidding Documents at the Issuing Office between the hours of 9:00 AM-5:00 PM, Monday through Friday, and may obtain copies of the Bidding Documents from the Issuing Office as described below. Bidding Documents also may be examined at: DODGE Data, 3315 Central Avenue, Hot Springs, AR 71913 Valley Construction News Plan Room, 426 Campbell Avenue, Roanoke, VA 24016 Copies of the CONTRACT DOCUMENTS may be obtained at the Issuing Office upon nonrefundable payment of $200 for each 22” x 34” set, $100 for each 11” x 17” set, or downloaded free of charge at http://www.handp.com/contact/bids. A pre-bid conference will be held at 10:00 AM local time on Thursday, November 21, 2019, in the Town of Vinton Municipal Building, Administration Conference Room, 311 South Pollard Street, Vinton, VA 24179. Attendance at the pre-bid conference is highly encouraged, but is not mandatory. Bid security shall be furnished in accordance with the Instructions to Bidders. The procedure for withdrawal of bids shall be in accordance with procedure (i) of Section 2.2- 4330 of the Code of Virginia, as amended. It is the policy of the VDOT that Disadvantaged Business Enterprises (DBE) as defined in 49 CFR Part 26 must have the maximum opportunity to participate in the performance of federally funded contracts. A list of DBE firms certified by the Small Business and Supplier Diversity (SBSD) and MWAA is maintained on SBSD’s website (http://www.SBSD.virginia.gov) under the DBE Directory of Certified Vendors. Contractors/consultants are encouraged to take all necessary and reasonable steps to ensure that DBE firms have the maximum opportunity to compete for and perform services on contract, including participation in any subsequent supplement contracts. If the contractor/consultant intends to subcontract a portion of the services on the project, the contractor/consultant is encouraged to seek out and consider DBEs as potential Sub- contractors/sub-consultants. The contractor/Sub-contractor is encouraged to contact DBEs to solicit their interest, capability and qualifications. Any agreement between a contractor/consultant and a DBE whereby the DBE promises not to provide services to other contractors/consultants is prohibited. The DBE contract goal for this procurement is 4%. The successful bidder must comply with the President’s Executive Order # 11246, prohibiting discrimination in employment regarding race, creed, sex, or national origin; Executive Orders # 12138 and 11625 regarding utilization of MBE/WBE subcontractors in the performance of this contract; provide certification that they do not or will not maintain or provide for their employees facilities that are segregated on the basis of race, color, creed, or national origin; comply with the provisions of Civil Rights Act of 1964; and comply with the Davis-Bacon Act. Owner: Town of Vinton By: Anita J. McMillan Title: Planning and Zoning Director Date: November 7, 2019 Meeting Date December 3, 2019 Department Town Attorney Issue Briefing on proposed ordinance to amend Chapter 82, Streets, Sidewalks and Other Public Places, Article III, Public Rights-of-Way Use Fee, Sections 82-61 to 82-63 and Chapter 86, Taxation, Article IV, Tax on Purchases of Utility Service, Division 2, Telephone of the Vinton Town Code. Summary On November 5, 2019, Town Council was briefed by Michael Lockaby, a law partner of Jeremy Carroll, Town Attorney, on Cox Communications’ request to use the Town’s public right-of-ways and Town-owned facilities such as street lights and traffic signal poles for their small cell facilities. The Request for Proposals (RFP) for a non-exclusive, long-term franchise to use and occupy the Town’s public rights-of-ways for the purpose of constructing, installing, and maintaining wireless communication facilities and infrastructure has been advertised and forwarded to wireless communication providers by Town Staff. There are also necessary updates to other ordinances to deal with this new technology. Attachment Draft of proposed changes to Town Code Recommendations No action required Town Council Agenda Summary {00333903.DOCX } 1 CHAPTER 82 – STREETS, SIDEWALKS AND OTHER PUBLIC PLACES Article III. – Public Rights-of-Way Use Fee Sec. 82-61. – Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Access lines means residence and business telephone lines and other switched (packet or circuit) common lines connecting a customer's, or end user's, premises located in the town to the end office switch, but does not include local, state and federal government lines, access lines used to provide service to users as part of the Virginia Universal Service Plan, interstate and intrastate dedicated WATS lines, special access lines, off-premises extensions, official lines used by certified providers of telecommunications service for administrative, testing, intercept and verification purposes, or commercial mobile radio service lines.to the public switched telephone network for the transmission of outgoing voice-grade telecommunications services. Centrex, PBX, or other multistation telecommunications services will incur a Public Rights-of-Way Use Fee on every line or trunk (Network Access Registrar or PBX trunk) that allows simultaneous unrestricted outward dialing to the public switched network. ISDN Primary Rate Interface services will be charged five Public Rights-of-Way Use Fees for every ISDN Primary Rate Interface network facility established by the customer. Other channelized services in which each voice-grade channel is controlled by the telecommunications service provider shall be charged on fee for each line that allows simultaneous unrestricted outward dialing to the public switched telephone network. Access lines do not include local, state, and federal government lines; interstate and intrastate dedicated WATS lines; special access lines; off-premises extensions; official lines provided and used by providers of telecommunications service for administrative, testing, intercept, and verification purposes; and commercial mobile radio service. Cable operator means any person or group of persons that (i) provides cable service over a cable system and directly or through one or more affiliated owns a significant interest in such cable system or (ii) otherwise controls or is responsible for, through any arrangement, the management and operation of a cable system, whether or not the operator has entered into a franchise agreement with the town. Cable operator does not include a provider of wireless or direct-to-home satellite transmission service. Cable system means any facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service that includes video programming and that is provided to multiple subscribers within a community, except that such definition shall not include (i) a system that serves fewer than 20 subscribers; (ii) a facility that serves only to retransmit the television signals of or more television broadcast stations; (iii) a facility that serves only subscribers without using any public right-of-way; (iv) a facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, 47 U.S.C. § 201, et seq., except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services; (v) any facilities of any electric utility used solely for operating its electric systems; (vi) any portion of a system that serves fewer than 50 subscribers in any locality, where such portion is a part of a larger system franchised in an adjacent locality; or (vii) an open video system that complies with § 653 of Title VI of the Communications Act of 1934, as amended, 47 U.S.C. § 573. Certificated provider of telecommunications service or certificated provider means a public service corporation holding a certificate issued by the state corporation commission to provide local {00333903.DOCX } 2 exchange or interexchange telephone service.Provider of local telecommunications service means a public service corporation or locality holding a certificate issued by the State Corporation Commission to provide local exchange telephone service and any other person who provides local telephone services to the public for a fee, other than a provider of commercial mobile radio service (CMRS), as defined in 4 U.S.C. § 124. Provider of telecommunications service means a public service corporation or locality holding a certificate issued by the State Corporation Commission to provide interexchange telephone service and any other person who provides local telephone services to the public for a fee, other than a provider of commercial mobile radio service (CMRS), as defined in 4 U.S.C. § 124. Public highway means, for the purposes of computing the Public Rights-of-Way Use Fee, the centerline mileage of highways and streets of the Town. Subscriber means a person who receives video programming as defined in 47 U.S.C. § 522(20), distributed by a cable operator, and does not further distribute it. Sec. 82-62. – Public rights-of-way use fee. (a) Pursuant to Code of Virginia, § 58.1-468.1, as amended, the town elects to adopt the public rights-of-way fee provided for by such code section. Accordingly, there is hereby imposed upon each access line of every certificated provider of telecommunications service a public rights-of-way use fee in the amount to be established under Code of Virginia, § 56-468.1, as amended. (b) The public rights-of-way use fee provided for by this article is hereby imposed on all cable operators that use the public rights-of-way. (a)(c) The Town will apply the public rights-of-way use fee as calculated by the Virginia Department of Transportation as provided by law. (b)(d) Every certificated provider that provides local exchange telephone service to end users in the town shall collect the public rights-of-way use fee on a per access line basis by adding the fee to each end user's monthly bill for local exchange telephone service. A provider of local telecommunications service shall collect the Public Rights-of-Way Use Fee on a per access line basis and the cable operator shall collect the Public Rights-of-Way Use Fee on a per subscriber basis by adding the fee to each ultimate end user's monthly bill for local telecommunications service or cable service. A company providing both local telecommunications service and cable service to the same ultimate end user may collect only one Public Rights-of-Way Use Fee from that ultimate end user based on (i) the local telecommunications service if the locality in which the ultimate end user resides has imposed a Public Rights-of-Way Use Fee on local telecommunications service or (ii) cable service. The Public Rights-of-Way Use Fee shall, when billed, be stated as a distinct item separate and apart from the monthly charge for local telecommunications service and cable service. If any ultimate end user or subscriber refuses to pay the Public Rights-of-Way Use Fee, the local telecommunications service provider or cable operator shall notify the locality, VDOT, or the Department of Taxation, as appropriate. (c)(e) Until the end user pays the public rights-of-way use fee to the certificated telecommunications service provider or cable operator, the fee shall constitute a debt of the user that is owed to the town or the Virginia Department of Taxation, as applicable. Whenever an end user fails or refuses to pay the fee to a telecommunications service {00333903.DOCX } 3 provider, the certificated telecommunications service provider shall notify the town treasurer of the user's identity and the total amount of fees that the user has refused or failed to pay. Such notification of unpaid use fees shall be provided to the town treasurer within two months after the end of each calendar quarter. (d)(f) After an end user pays the public rights-of-way use fee to the a certificated local telecommunications service provider or cable operator, the collected fee shall be deemed to be held in trust by the provider until remitted to the town treasurer or the Virginia Department of Taxation, as applicable. Within two months after the end of each calendar quarter, the certificateda telecommunications service provider shall remit directly to the town treasurer all public use fees that it has collected from end users during the quarter. The Public Rights-of-Way Use Fee billed by a cable operator shall be remitted to the Department of Taxation for deposit into the Communication Sales and Use Tax Trust Fund by the twentieth day of the month following the billing of the fee. (e)(g) Every certificated local telecommunications provider and cable operator shall keep complete records showing all public rights-of-way use fees collected in each calendar quarter. Such records shall be kept open for inspection by the town treasurer or the treasurer's designee. (f)(h) Nothing in this section shall: (1) Relieve any certificated providerperson from complying with the requirements and restrictions imposed by this article, or by other law or regulations, regarding its use of and activities within public rights-of-way in the town including, but not limited to, the placement, construction, repair, maintenance, and removal of its facilities, and street or roadway repairs in the manner required by this article and other applicable statutes, ordinances or regulations; provided, however, that such requirements are no greater than those imposed on all providers of telecommunication services and nonpublic providers of cable television, electric, natural gas, water, and sanitary sewer services; and further provided that any permit or other permission required by this code or town regulations that is sought by a certificated provider regarding its use of and activities within public rights-of-way in the town shall be granted or denied within 45 days of the submission of a complete application; and any denial shall be accompanied by a written explanation of the reasons for the denial and the actions required to cure the denial; (2) Affect the amount payable by a certificated providerany person for the right to place facilities or otherwise use property of the town, including structures owned by the town that are within the public rights of way, other than public rights-of-way themselves, or fees for permits and approvals required by zoning, site plan, subdivision, or comprehensive planning fees provided by general law; (3) Affect the authority of the town to impose a franchise fee upon cable television franchisees, or the obligation of such franchisees to pay the franchise fee imposed upon them; or (4)(3) Affect the authority of the town to impose enter a franchise, including providing for franchise fees, upon with persons who locate facilities or otherwise use public rights-of- way for purposes other than the provision of local exchange or interexchange telephone service or the provision of cable television serviceas provided by law. Sec. 82-63. – Effective date and retroactive effect. {00333903.DOCX } 4 (a) This article shall become effective July 1, 19982020, and shall remain in effect until repealed, provided that the rate of the public rights-of-way fee hereby imposed shall be altered annually pursuant to Code of Virginia, § 56-468.1, as amended. As soon as practicable following its adoption, the town manager shall send a copy of this article to the registered agent for each certificated telecommunications services provider and cable provider which offers services within the town. (b) The public rights-of-way use fee established in this article shall apply to all undetermined and unpaid use fees owed by any certificated provider for the period prior to July 1, 1998. CHAPTER 86 – TAXATION Article IV. – Tax on Purchasers of Utility Service Division 2 – TelephoneReserved. Note: This division formerly concerned a local telecommunications consumer utility tax, which was replaced with the Virginia Communications Sales and Use Tax under 2006 Va. Acts ch. 780. Sec. 86-116. – Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Purchaser means every person who purchases a telephone service. Seller means every person who sells or furnishes a telephone service. Telephone service means local exchange service and mobile local telecommunication service. Mobile local telecommunication service means any two-way mobile or portable local telecommunication service, including cellular mobile radio telecommunication service and specialized mobile radio. Sec. 86-117. – Levied; amount; exclusions. (a) There is hereby imposed and levied by the town a tax in the amount of 12 percent of the monthly charge made by the seller against the purchaser with respect to local exchange telephone service as defined under the provisions of the Internal Revenue Code of 1954, as amended, except local messages which are paid for by inserting coins in coin operated telephones. The tax imposed by this subsection shall not be deemed to apply to that part of the charge in excess of $15.00 per month made by the seller to a purchaser for residential purposes. The tax imposed by this subsection shall not be deemed to apply to that party of the charge in excess of $5,000.00 per month made by the seller to a purchaser for industrial or commercial service. (b) There is hereby imposed and levied by the town upon each and every purchaser or consumer of mobile local telecommunications services provided by a mobile service provider or by retailers of cellular telephone service a tax in the amount of ten percent of the monthly gross charge made by the seller against the purchaser with respect to each mobile local telecommunications service; provided, however, that the tax imposed by this section shall not be deemed to apply to that part of the charge in excess of $30.00 per month by any {00333903.DOCX } 5 seller of such mobile local telecommunications service to any mobile service purchaser or consumer thereof. (c) This tax is imposed or levied on a taxable purchaser by a purchaser or consumer of such service, if the purchaser's or consumer's service address is located in the town. Sec. 86-118. – Exemptions. The United States of America, the state and the political subdivisions, boards, commissions and authorities thereof are hereby exempt from the payment of the tax imposed by this article with respect to the purchase of telephone services used by such governmental agencies. Sec. 86-119. – Computation. In all cases where the seller collects the price for telephone services periodically, the tax imposed and levied by this article may be computed on the aggregate amount of purchases during such period; provided, however, that the amount of the tax to be collected shall be the nearest whole cent to the amount computed. Sec. 86-120. – Duty of purchaser to pay. The tax imposed by this article shall be paid by the purchaser to the seller, for the use of the town, at the time that the purchase price or charge for the telephone service shall become due and payable under the agreement between the purchaser and the seller. Sec. 86-121. – Duty of seller to collect, report and remit. It shall be the duty of every seller, in acting as the tax collecting medium or agency for the town, to collect from the purchaser, for the use of the town, the tax imposed and levied by this article at the time of collecting the purchase price charged for the telephone service. The taxes collected during each calendar month shall be reported and remitted for each seller to the town treasurer on or before the 25th day of the calendar month thereafter. The required report shall be in the form prescribed by the treasurer and shall include the name and address of any purchaser who has refused to pay the tax. Sec. 86-122. – Seller’s records. Every seller shall keep complete records showing all purchases of telephone service in the town, which records shall show the price charged against each purchaser with respect to the purchase, the date thereof, the date of payment thereof and the amount of tax imposed under this article. Such records shall be kept open for inspection by the duly authorized agents of the town at reasonable times, and the duly authorized agents of the town shall have the right, power and authority to make transcripts thereof during such times as they may desire. Sec. 86-123. – Powers and duties of treasurer. The town treasurer shall be charged with the power and the duty of collecting the taxes levied and imposed by this article and shall cause the same to be paid into the general treasury of the town. Sec. 86-124. – Penalty for failure to pay and for violations of article. {00333903.DOCX } 6 (a) Any purchaser failing, refusing or neglecting to pay the tax imposed and levied by this article and any seller violating the provisions of this article, and any officer, agent or employee of any seller violating the provisions of this article, shall be guilty of a class 4 misdemeanor. Each failure, refusal, neglect or violation and each day's continuance thereof shall constitute a separate offense. (b) A conviction under this section shall not relieve any person from the payment, collection and remittance of the tax as provided for in this article. Division 2 – Enhanced Emergency Telephone Service.Reserved. Note: This division formerly dealt with a tax imposed for the purpose of supporting the Town’s E-911 emergency response system. This local tax was replaced with a statewide tax under the Enhanced Public Safety Telephone Services Act, 2000 Va. Acts ch. 1064. Sec. 86-126. – Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: E-911 system means a telephone service which utilizes a computerized system to automatically route emergency telephone calls placed by dialing the digits "911" to the proper public safety answering point serving the jurisdiction from which the emergency telephone call was placed. An E-911 system includes selective routing of telephone calls, automatic telephone number identification, and automatic location identification performed by computers and other ancillary control center communications equipment. Local telephone service means switched local exchange access service. Public safety agency means a functional division of a public agency which provides firefighting police, medical or other emergency services or a private entity which provides such services on a voluntary basis. Public safety answering point means a communications facility operated on a 24-hour basis which first receives E-911 calls from persons in an E-911 service area and which may, as appropriate, directly dispatch public safety service or extend, transfer or relay E-911 calls to appropriate public safety agencies. Sec. 86-127. – Levied; notification to seller of implementation. (a) There is hereby imposed and levied by the town upon every purchaser of local telephone service a tax in the amount of $1.46 per month per telephone line. This tax shall be paid by the purchaser to the seller of local telephone service (referred to in this section as "seller") for the use of the town to pay the ongoing monthly maintenance costs of its E-911 system. (b) The town manager shall notify the seller of the date on which the tax is to be implemented or amended. This notification will be sent by certified mail to the registered agent of the seller 120 days in advance of the date on which the tax is to be implemented or amended. Sec. 86-128. – Collection and remittance of tax; records. (a) It shall be the duty of every seller in acting as the tax collecting medium or agency for the town to add the amount of the tax imposed under section 86-127 to all periodic bills it renders to nonexempt purchasers of local telephone service. The seller shall accept {00333903.DOCX } 7 remittances of tax from purchasers at the time it collects the charges for local telephone service and shall report and pay over all tax collected in any calendar month to the town treasurer on or before the last day of the first calendar month thereafter. At this time, the seller shall notify the town treasurer of the name and address of all purchasers who refuse to pay the tax imposed by this article. The tax levied or imposed under this article shall become effective with the later of: (1) Bills dated 60 days after a copy of the ordinance enacting this article is sent to the registered agent of the seller by certified mail; or (2) Bills dated on or after October 1, 1987. (b) Each and every seller shall keep records showing all purchases of local telephone service in the town. These records must show the dates of bills for local telephone service and the amount of tax appearing on each bill. These records shall be kept at the seller's offices for a period of three years for inspection by the duly authorized agents of the town at reasonable times during normal business hours. The duly authorized agents of the town shall have the right, power and authority to make copies thereof. Sec. 86-129. – Exemptions. (a) The United States of America, the state and the political subdivisions, agencies, boards, commissions and authorities of the United States and the state are hereby exempted from payment of the tax imposed and levied by this article. (b) This tax shall not apply to any local telephone service where a periodic bill is not rendered. Sec. 86-130. – Violations; penalty. Any purchaser who willfully fails, refuses or neglects to pay the tax hereby imposed and any seller, or any officer, agent or employee thereof, who with full knowledge, willfully refuses to perform the duties imposed on it by section 86-128 with the intent of preventing the collection of the tax imposed by this article shall be guilty of a class 4 misdemeanor. Each failure, refusal or neglect and each day's continuance thereof shall constitute a separate offense. Sec. 86-131. – Compensation to seller for collection of tax. Whenever the tax levied by this article is collected by the seller acting as a tax collecting medium or agency for the town in accordance with section 86-128(a), such seller shall be allowed as compensation for the collection and remittance of this tax, three percentum of the amount of tax due and accounted for. The seller shall deduct this compensation from the payments made to the town treasurer in accordance with section 86-128(a). Meeting Date December 3, 2019 Department Planning and Zoning Issue Briefing on the proposed amendment to the Vinton Zoning Ordinance to repeal and adopt the revised Wireless Communication Facilities and Infrastructure Ordinance Summary Town Council was briefed by the Town Attorney on November 5, 2019, regarding Cox Communications’ franchise request for use of the Town’s public right-of-ways and Town-owned facilities such as street lights and traffic signal poles for small cell sites. Additionally, the Town’s current telecommunication ordinance has to be repealed and amended in order for the ordinance to be in compliance with the current State Code and the Federal Communications Commission (FCC) regulations. The Planning Commission held its work session on the proposed wireless facilities regulations on Thursday, November 14, 2019. A joint public hearing of the Town Council and Planning Commission will be held on December 17, 2019. Attachment Draft of proposed changes to Zoning Ordinance Recommendations No action required Town Council Agenda Summary {00341658.DOCX } 1 AN ORDINANCE AMENDING AND REENACTING CERTAIN PROVISIONS OF APPENDIX B TO THE VINTON TOWN CODE RELATED TO ZONING AND SITE PLANS FOR WIRELESS COMMUNICATIONS FACILITIES APPENDIX B. – ZONING … ARTICLE IV. – DISTRICT REGULATIONS DIVISION 1 – R-LD RESIDENTIAL LOW DENSITY DISTRICT … Sec. 4-2. – Permitted uses and structures. (a) … (b) Special uses. The following uses and structures are permitted in the R-LD residential low density district, subject to approval of a special use permit by the town council as set forth in article VII of this appendix: (1) Bed and breakfast establishments. (2) Cemeteries. (3) Fire stations and rescue squad facilities. (4) Golf courses and country clubs, including accessory facilities for the sale and serving of food and beverages and the sale of golfing equipment and supplies. (5) Major public utilities. (6) Antennas and any related unmanned equipment buildings for mobile and land based wireless transmission and subject to the provisions set forth in article V, division 9, section 5-65(a). (7)(6) Home occupations for personal service businesses. (8)(7) Family day care homes. … DIVISION 2 – R-1 RESIDENTIAL DISTRICT … Sec. 4-7. – Permitted uses and structures. (a) … (b) Special uses. The following uses and structures are permitted in the R-1 residential district, subject to approval of a special use permit by the town council as set forth in article VII of this appendix: (1) Bed and breakfast establishments. {00341658.DOCX } 2 (2) Cemeteries. (3) Fire stations and rescue squad facilities. (4) Major public utilities. (5) Antennas and related unmanned equipment buildings for mobile and land based wireless transmission and subject to the provisions set forth in article V, division 9, section 5-65(a). (6)(5) Home occupations for personal service businesses. (7)(6) Family day care homes. … DIVISION 3 – R-2 RESIDENTIAL DISTRICT … Sec. 4-12. – Permitted uses and structures. (a) … (b) Special uses. The following uses and structures are permitted in the R-2 residential district, subject to approval of a special use permit by the town council as set forth in article VII of this appendix: (1) Townhouses, subject to development standards specified in article V. (2) Bed and breakfast establishments. (3) Fire stations and rescue squad facilities. (4) Major public utilities. (5) Antennas and any related unmanned buildings for mobile and land based wireless transmission and subject to the provisions set forth in article V, division 9, section 5-65(a). (6)(5) Home occupations for personal service businesses. (7)(6) Family day care homes. … DIVISION 4 – R-3 RESIDENTIAL DISTRICT … Sec. 4-17. – Permitted uses and structures. (a) … (b) Special uses. The following uses and structures are permitted in the R-3 residential district, subject to approval of a special use permit by the town council as set forth in article VII of this appendix: {00341658.DOCX } 3 (1) Manufactured home parks, subject to the development standards in article V of this appendix. (2) Fire stations and rescue squad facilities. (3) Major public utilities. (4) Multifamily dwellings. (5) Antennas and any related unmanned buildings for mobile and land based wireless transmission and subject to the provisions set forth in article V, division 9, section 5-65(a). (6)(5) Home occupations for personal service businesses. (7)(6) Family day care homes. … DIVISION 5 – R-B RESIDENTIAL BUSINESS DISTRICT … Sec. 4-23. – Permitted uses and structures. (a) … (b) Special uses. The following uses and structures are permitted in the R-B residential- business district, subject to approval of a special use permit by the town council as set forth in article VII of this appendix: (1) Townhouses, subject to development standards specified in article V. (2) Assisted care facilities. (3) Funeral homes. (4) Fire stations and rescue squad facilities. (5) Major public utilities. (6) Outdoor display of monuments. (7) Antennas and any related unmanned buildings for mobile and land based wireless transmission and subject to the provisions set forth in article V, division 9, subsection 5-65(a). (8)(7) Personal service business. (9)(8) Two-family dwellings that do not meet the lot area and lot width requirements of section 4-25 of this division. (10)(9) Family day care homes. … DIVISION 6 – GB GENERAL BUSINESS DISTRICT {00341658.DOCX } 4 … Sec. 4-29. – Permitted uses and structures. (a) … (b) Special uses. The following uses and structures are permitted in the GB general business district, subject to approval of a special use permit by the town council as set forth in article VII of this appendix: (1) Commercial indoor amusement uses, including game rooms, billiard and pool halls, and video arcades. Establishments which provide multiple coin operated amusement or entertainment devices or machines, which would include pinball machines, video games, and other games of skill or scoring, and would include pool and/or billiard tables, whether or not they are coin operated. (2) Auto and truck general repair, including the installation and removal of engines, transmissions or other major body or mechanical parts, auto upholstery shops, and auto, truck or trailer rental, but not including body repair or painting. (3) Flea markets. (4) Greenhouses. (5) Major public utilities. (6) Miniature golf courses, golf driving ranges, batting cages and similar outdoor recreation uses. (7) Miniwarehouses and warehouses. (8) Sports complexes. (9) Antennas and any related unmanned buildings for mobile and land based wireless transmission and subject to the provisions set forth in article V, division 9, section 5-65(a). (10) Towers and/or monopoles, with a related unmanned equipment building and subject to the provisions set forth in article V, division 9, section 5-65(b). (11)(9) Counseling services. (12)(10) Halfway house. (13)(11) Outpatient mental health centers. (14)(12) Outpatient substance abuse centers. … DIVISION 7 – CB CENTRAL BUSINESS DISTRICT (a) … {00341658.DOCX } 5 (b) Special uses. The following uses and structures are permitted in the CB central business district, subject to approval of a special use permit by the town council as set forth in article VII of this appendix: (1) Amusement centers, bowling alleys, skating rinks and dance halls. (2) Auto and truck sales and service establishments, provided the following conditions shall be met: … (3) Drive-up facilities in conjunction with any use permitted in this district. (4) Flea markets. (5) Gasoline service stations, self-service gasoline stations and auto service centers. (6) Major public utilities. (7) Parking garages for parking by the general public as a principal or accessory use of property. (8) Sports complexes. (9) Not more than one dwelling unit contained within accessory buildings, provided the main building on the property contains no dwelling units. (10) Antennas and any related unmanned buildings for mobile and land based wireless transmission and subject to the provisions set forth in article V, division 9, section 5-65(a). … DIVISION 8 – M-1 LIMITED INDUSTRIAL DISTRICT … Sec. 4-40. – Permitted uses and structures. (a) Uses and structures permitted by right. The following uses and structures are permitted by right in the M-1 limited industrial district, subject to all other applicable requirements of this appendix: (1) Any use or structure permitted by right in the GB general business district as set forth in section 4-29 (a) of this appendix, except that: … (2) Auto and truck general repair, including the installation and removal of engines, transmissions or other major body or mechanical parts, auto upholstery shops, auto, truck or trailer rental, and body repair or painting. (3) Boatbuilding. (4) Bottling plants. (5) Cabinet, furniture, woodworking and upholstery shops, when conducted within completely enclosed buildings. {00341658.DOCX } 6 (6) Coal[yards] and woodyards. (7) Contractors' and construction equipment storage yards and rental of contractors' or construction equipment. (8) Ice manufacturing and packaging. (9) Laboratories and research and development facilities, when conducted within completely enclosed buildings. (10) Machine shops, excluding punch presses exceeding forty-ton rated capacity and drop hammers, welding shops and blacksmith shops. (11) Manufacturing, compounding, assembling, treatment or packaging of articles of merchandise from the following materials, when such materials are refined, prepared or initially processed elsewhere: Bone, canvas, cloth, cork, feathers, felt, fiberglass, fibers, fur, glass, hair, horn, leather, paper, plastic, precious or semiprecious metals or stones, rubber, shell, straw, textiles, tobacco, wood, yarn, and similar materials. (12) Manufacturing, compounding, processing, treatment or packaging of bakery goods, candy, cosmetics, dairy products, food products, perfumes, pharmaceuticals, soaps, toiletries and similar products. (13) Manufacturing of pottery, figurines and other similar ceramic products, using only previously pulverized clay and kilns fired only by electricity or gas. (14) Manufacturing or assembling of electronic equipment, instruments, devices, components and parts, electrical appliances, medical equipment, musical instruments, toys, novelties, small parts and similar products. (15) Monument and stone works. (16) Printing and publishing plants. (17) Sales, rental, servicing and repair of boats, trailers, recreational vehicles, motorcycles, mobile homes, machinery and equipment, provided all servicing and repair is conducted within completely enclosed buildings. (18) Sheet metal and metal fabrication shops. (19) Signs as permitted in article V of this appendix. (20) Warehouses, miniwarehouses, storage and distribution facilities. (21) Wholesale businesses, including storage. (22) Accessory uses and structures. (23) Antennas and any related unmanned buildings for mobile and land based wireless transmission and subject to the provisions set forth in article V, division 9, section 5-65(a). (b) … {00341658.DOCX } 7 DIVISION 14 – MIXED USE DEVELOPMENT DISTRICT (MUD) DISTRICT … Sec. 4-86. – Utilities. The following provisions shall apply to providing utilities in the MUD district: (a) All development within a MUD district shall be served by public water and sewer facilities. (b) Utilities (and associated pedestals, cabinets, junction boxes and transformers) including electric, cable TV, telephone and natural gas service shall be located underground and to the rear of properties in alley rights-of-way (ROW) or the ROW of minor streets, and all utilities shall be located within a public utility easement. Above-ground utilities are permissible if identified and approved in the development plan submitted at the time rezoning is approved. (b)(c) Wireless facilities may be approved either as part of a master plan of development under this division or as an accessory or modification to the master plan of development following the general procedures for approval of such facilities set forth in this appendix. … ARTICLE V. – SUPPLEMENTARY REGULATIONS … DIVISION 9 – TELECOMMUNICATION FACILITIES [Repeal all of Existing Division 9, and Replace] Sec. 5-61. – Purpose and short title. This division may be referred to as the “Town of Vinton Telecommunications Zoning Ordinance.” The Virginia Zoning Enabling Act, Va. Code §§ 15.2-2280 et seq., to ensure the orderly development of land within the Town and to protect the public health, safety, general welfare, and as good zoning practice, and to further those public purposes set forth in section 15.2-2283 of the Code of Virginia, 1950, as amended. (Statutory Reference: Va. Code § 15.2-2280 et seq., 15.2-2316.3 et seq.) Sec. 5-62. – Applicability. (a) The requirements set forth in this division shall govern the location of all telecommunications towers, monopoles, antennas, small wireless facilities, and amateur radio antennas, constructed to a height greater than 16 feet 6 inches in height from ground level, as well as all base stations. (b) This division applies to all wireless facilities located or to be located on all property located within the incorporated limits of the Town of Vinton, regardless of the use, ownership, or dedication of such property to public use or the use of a certificated public service company. (Statutory Reference: Va. Code § 15.2-2281, cross-ref.: § 15.2-2030.) {00341658.DOCX } 8 Sec. 5-63. – Development standards for small wireless facilities attached to existing structures. (a) Emissions from small wireless facilities attached to existing structures shall not materially interfere with existing communications facilities or facilities planned for future public safety communications. (b) If, during the site plan, plot plan, or scaled elevation approval process, a public safety agency identifies a public safety concern or a critical public safety need, the small wireless facility shall be disapproved. (c) For small wireless facilities in the public rights-of-way or other publicly-owned or publicly-controlled property, such facilities must be painted or otherwise be designed to match the color and texture of the structure upon which they are affixed. (d) No small wireless facility shall fail to have and provide all required approvals from all departments, authorities, and agencies with jurisdiction over the property, provided that the zoning administrator may grant preliminary approval prior to other approvals being granted, but such preliminary approval shall not be a final approval authorizing establishment of any use or structure and must be followed with a final plot plan and scaled elevation for approval based on the final permits, and shall not be construed as an approval that would vest a right. (e) No small wireless facility may collocate on a structure that is illegally nonconforming until and unless such nonconforming structure is brought into compliance with the provisions of this Appendix. Sec. 5-64. – Development standards for new support structures for small wireless facilities. (a) Small wireless facility support structures may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of a small wireless facility support structure on such lot. (b) When a new small wireless facility support structure is a replacement for an existing structure or is in the line of existing structures of similar height and bulk, e.g., a replacement for an electric pole or a new faux streetlight, the structure shall be designed so as to resemble, as closely as practical, the form and type of the existing structure or the structures in the same line. (c) Wiring, cable, and conduit requirements: (1) All wiring and cables must be firmly secured to the utility distribution or transmission pole or other support structure. (2) All mounting brackets and wiring, cables, and conduits that are not located in a fully enclosed structure must be same color as, or otherwise demonstrated to match or blend with, the new structure on which they are mounted. (3) Spools or coils of excess fiber optic or cables or any other wires may not be stored on the new structure except completely within approved enclosures or cabinets. (d) Equipment and facilities standards: {00341658.DOCX } 9 (1) All equipment and support structures located on the new structure: a. Must be the same color or material as the new structure and covered by rust- proof treatment or material. b. Must be flush-mounted to the new structure or supported by mounting brackets. c. The support brackets may not extend beyond the new structure by more than eight inches. d. Must not exceed 32 cubic feet in volume. (2) Ground-mounted equipment (or base stations associated with a small wireless facility) must: a. In public rights-of-way abutting single-family residential districts or areas in which attached or detached single-family dwellings are the predominant use or development pattern, each small cell facility is limited to one cabinet or structure that does not exceed five feet in height and a total of 70 cubic feet in volume. Ground-mounted equipment cabinets must be located adjacent to the support structure. b. When the related equipment is not located on property that meets subsection a., each provider is limited to a cabinet or structure which does not exceed 12 feet in height and a total of 500 square feet in gross area. The cabinet or structure must be adjacent to the pole. The cabinets or equipment must be secured by a wall, berm, or evergreen hedge sufficient to screen it from view from the street, or with an eight-foot fence, wall, berm, or landscaping combination. (e) The minimum horizontal distance between poles is: (1) When located in zoning districts that are zoned for single-family dwellings and are or areas in which attached or detached single-family dwellings are the predominant use or development pattern, not less than 300 feet. (2) When located in all other areas, not less than 100 feet. Sec. 5-65. – Application requirements for legislative process projects. Each applicant for a monopole or tower shall submit six copies of a scaled concept plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, height and antenna location requirements, setbacks, ingress/egress, parking, fencing, landscaping, easements, adjacent uses, and other information deemed necessary to assess compliance with the regulations of this ordinance. Additionally, the applicant shall provide actual photographs of the site from designated relevant views that include a simulated photographic image of the proposed monopole or tower. The photograph with the simulated image shall include the foreground, the midground, and the background of the site. An engineering report, certifying that the proposed monopole or tower is compatible for collocation with a minimum of three compatible users including the primary user, must accompany the application. {00341658.DOCX } 10 Sec. 5-65.1. – Provisions for legislative process projects. (a) A wireless support structure for a wireless facility that is not a small wireless facility, a small wireless facility support structure, a small wireless facility collocation, or an eligible facilities request, shall be permitted only upon approval of a special use permit by the town council as set forth in article VII of the zoning ordinance and in accordance with the following provisions: (1) No advertising or signs shall be allowed on an antenna. (2) No signals, lights, or illumination shall be permitted on an antenna unless required by the FCC, FAA, or the Town of Vinton. (3) A base station shall not contain more than 750 square feet of gross floor area or be more than 12 feet in height. (4) A base station or wireless support structure shall meet all zoning and building code requirements including, but not limited to, minimum yard requirements for primary structures. (5) A base station shall be landscaped with a buffer of plant materials that effectively screens the view of the base station from adjacent property. The standard buffer shall consist of a landscaping strip of at least four feet wide outside the perimeter of the enclosure. Existing mature tree growth and natural land form on the site shall be preserved to the maximum extent possible. In locations where the visual impact of the unmanned equipment building would be minimal, the landscaping requirement may be reduced or waived by the council as part of the special use permit approval. (b) Wireless support structures and base stations subject to the legislative process shall be subject to the following provisions: (1) The height of wireless support structures shall not exceed 199 feet, including antennas. (2) Monopoles or towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FCC or FAA, be painted a neutral color, unless an alternative camouflage is approved by the town council as part of the special use permit process. (3) The design of base stations and other related structures shall use materials, colors, textures, screening, and landscaping that will blend the facilities to the natural setting and the built environment. Dish antennas and covers will be of a neutral, nonreflective color with no logos or markings not required for identification or safety markings required by applicable codes. (4) Base stations shall not contain more than 750 square feet of gross floor area or be more than 12 feet in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which they are located. (5) Transitional yard and screening shall be provided on accordance with the provisions of article V of the zoning ordinance. Monopole or tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the support buildings {00341658.DOCX } 11 from adjacent property. Existing mature tree growth and natural land form on the site shall be preserved to the maximum extent possible. (6) Monopoles and towers shall not be artificially lighted, unless required by the FCC or FAA. If lighting is required, the council may review the available lighting alternatives and approve the design that would cause the least disturbance to surrounding views. (7) Signs shall only be permitted on a wireless support structure as may be provided in Article V, Division 7 of this appendix. (8) All monopoles or towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas and their construction methods. If such standards and regulations are changed, then the owners of the towers and antennas governed by this ordinance shall bring such towers and antennas into compliance with such revised standards as required. To ensure the structural integrity of monopoles and towers, the owner of such shall ensure that it is constructed and maintained in compliance with standards contained in applicable federal, state, and local building codes and regulations. (9) Wireless support structures must satisfy the minimum zoning district setback requirements for primary structures. For wireless support structures in the public rights- of-way that are subject to the legislative process, the setback shall be 40 feet from the edge of the existing pavement or sidewalk, whichever is closer, and one-half the height of the support structure, including antennas if they extend beyond the top of the structure, from the nearest existing structure. (10) Monopoles or towers shall be enclosed by security fencing not less than six feet in height and shall be equipped with appropriate anticlimbing device. (11) No new legislative process facility shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the council that no existing monopole, tower, or other structure can accommodate the proposed antenna, and that neither of the sites identified in section 5-65 (c) can accommodate construction of the proposed antenna or of an antenna which reasonably meets the applicant's needs. Sec. 5-66. – Special provisions on disapproval of a legislative process facility. (a) The town council shall provide an applicant a written statement of the reasons for disapproval within three business days following the disapproval. The council may delegate the preparation of the statement to the zoning administrator and the town attorney. (b) Town Freedom of Information Act Officer shall, upon request, provide a copy of the written record of the application in accordance with the provisions of the Virginia Freedom of Information Act, Chapter 37 of Title 2.2 of the Code of Virginia, 1950, as amended. … ARTICLE VI. – NONCONFORMING USES, FEATURES, STRUCTURES AND LOTS … {00341658.DOCX } 12 Sec. 6-12. – Wireless facility modifications. Any eligible facilities request for a modification of an existing, lawfully-established wireless tower or base station that does not substantially change the physical dimensions of such tower or base station shall not be treated as a nonconforming use or extension of a nonconforming use and shall be approved. Upon submission of an application for a site plan, plot plan, or scaled elevation in accordance with and meeting all standards of Article VII, Division 3 of this appendix, and in conformance of this section, such approval shall be granted. (Statutory Reference: 47 U.S.C. § 1455, 47 C.F.R. § 1.6100, Va. Code § 15.2-2307.) ARTICLE VII. – ADMINISTRATION & ENFORCEMENT … DIVISION 3 – SITE PLAN REVIEW … Sec. 7-17. – Applicability of site plan review. Site plan review shall be required prior to issuance of any zoning permit, building permit or land disturbing permit for any of the following: (a) Construction of a new building, other than a single-family dwelling or building accessory thereto. (b) Enlargement of an existing building, other than a single-family dwelling or building accessory thereto, when such enlargement exceeds ten percent of the floor area of the building or 500 square feet, whichever is less. (c) Construction of a parking area for five or more vehicles, or any addition to or alteration of the arrangement or means of access to an existing parking area for five or more vehicles. (d) Small wireless facilities applications shall require a plot plan and a scaled elevation. (c)(e) Wireless facilities applications other than small wireless facilities shall require a site plan and a scaled elevation. (Statutory Reference: Va. Code § 15.2-2286(A)(8), § 15.2-2246.) Sec. 7-18. – General requirements for site plans, plot plans, or scaled elevations. Site plans shall be prepared by a professional engineer, certified land surveyor, licensed architect or certified landscape architect in accordance with criteria established by the zoning administrator regarding scale and format. Plot plans and scaled elevations need not be prepared by a licensed design professional, but must be clear, neat, and to scale in accordance with criteria established by the zoning administrator. (Statutory Reference: Va. Code § 15.2-2241(A)(1).) … Sec. 7-19.1. – General requirements for plot plans. {00341658.DOCX } 13 Plot plans must be neat, clear, drawn to scale, and otherwise meet the standards set by the zoning administrator, but do not need to be stamped by a design professional. A plot plan must include: (1) Location, by a vicinity map at appropriate scale. (2) Identification of the property by street address, tax parcel number, and owner name, if a parcel; or by reference to number of feet to the nearest intersection if in the public right-of-way. (3) A north arrow and scale. (4) Existing zoning classification, or zoning classification of nearest parcel if in the public right-of-way. (5) Width of existing streets, location and size of existing sanitary and storm sewers, culverts, curbs and gutters, water lines, gas lines, and other utilities. (6) Location and extent of existing buildings or structures and buildings or structures proposed to be constructed. (7) Screening methods. (8) Such other and further materials as the zoning administrator may determine necessary to confirm compliance with applicable laws. Sec. 7-19.2. – General requirements for scaled elevations. Scaled elevations must be neat, clear, drawn to scale, and otherwise meet the standards set by the zoning administrator, but do not need to be stamped by a design professional. A scaled elevation must include: (1) Location, by a vicinity map at appropriate scale. (2) Identification of the property by street address, tax parcel number, and owner name, if a parcel; or by reference to number of feet to the nearest intersection if in the public right-of-way. (3) Existing zoning classification, or zoning classification of nearest parcel if in the public right-of-way. (4) Existing grades for the area of the proposed or existing structure. (5) The height and extent of existing buildings or structures and buildings or structures proposed to be construed. (6) If the existing or proposed structure is a small wireless facility or support structure that proposes to qualify as a small wireless facility by comparison to other existing structures, a table of the heights and locations of the existing structures. (7) Screening or camouflage methods proposed for the wireless facility. (8) A sketch of the appearance of the proposed wireless facility, or a photograph or photographs of a substantially identical facility in a similar installation. {00341658.DOCX } 14 (1)(9) Such other and further materials as the zoning administrator may determine necessary to confirm compliance with applicable laws. Sec. 7-20. – Waiver of certain site plan requirements. Required plans described in sections 7-19, 7-19.1, and 7-19.2 are intended in cases where extensive plans and information are necessary to determine compliance with the provisions of this appendix. With prior approval by the zoning administrator, particular information may be omitted from required plans when, due to the nature or limited scope of a project, the zoning administrator determines such information is not necessary for evaluation of the site plan or for maintaining a record of site plan review. (Statutory Reference: Va. Code § 15.2-2242(1).) Sec. 7-21. – Procedure for site plan review and approval. (a) Every site plan shall be submitted to the zoning administrator, who shall review such plan for compliance with the applicable provisions of this appendix and other applicable requirements. Within 10 days after submission of a site plan application, with the required fee, the zoning administrator shall make a preliminary determination of completeness. If the site plan application is complete, tThe zoning administrator shall circulate the site plan to the town engineer and other relevant town and state agencies and officials for review and comment prior to taking action. If the application is incomplete, the zoning administrator shall return the plan to the applicant, together with the application fee and a cover letter setting forth the reasons why the application is incomplete. A determination of completeness shall in no manner be construed to be an approval of a site plan, in whole or in part. (b) The zoning administrator shall approve, approve with modifications or conditions, or disapprove the site plan within 45 days of receipt of all required plans and information60 days from receipt of a complete application if no outside agency review is required, or within 35 days after receiving all outside review comments if such comments are necessary, whichever is later. The zoning administrator shall notify the applicant in writing of the action taken. In the case of approval with modifications or conditions or disapproval of the site plan, such notification shall describe the modifications or conditions of approval or reasons for disapproval, including changes which would make the site plan acceptable. (b)(c) The zoning administrator shall act upon site plans previously deemed complete but disapproved and resubmitted within 45 days of submission or within 35 days following receipt of all state agency approvals, whichever is later. (c)(d) All site plans approved by the zoning administrator shall comply with the district regulations, supplementary regulations and other applicable requirements of this appendix. The zoning administrator shall have no authority to waive such regulations or requirements unless specific authority to do so is set forth in this appendix. (Statutory Reference: Va. Code § 15.2-2258, § 15.2-2259.) Sec. 7-21.1. – Procedure for approval of plot plans and scaled elevations for small wireless facilities. {00341658.DOCX } 15 The timelines in this section govern processing of plot plans and scaled elevations for small wireless facilities. (a) Base Calculation. The period to act for an application for a plot plan or scaled elevation for a small wireless facility is the sum of: (1) The number of days of the presumptively reasonable time period for the pertinent type of application, pursuant to subsection (b); and (2) The number of days of tolling period, if any, under subsection (c). All dates are calculated in calendar days, not business days. If the last day to complete an approval falls on a weekend or holiday, the last day shall be construed to be the next following business day. (b) Review periods for specific applications. The following are the presumptively reasonable periods of time to act on site plans, plot plans, and scaled elevations for wireless facilities: (1) Application to collocate a small wireless facility on an existing structure: 60 days. (2) Application to deploy a small wireless facility using a new structure: 90 days. If a single application plot plans or scaled elevations multiple sites, all of which fall within the same category, then the presumptively reasonable time is equal to that for a single deployment within that category. If a single application seeks authorization of deployments to multiple sites that fall within subsections (b)(1) and (b)(2), then the presumptively reasonable period of time is 90 days. (c) Tolling. The following rules govern tolling of the review periods for specific applications: (1) For an initial application for a plot plan or scaled elevation for a small wireless facility, if the Town notifies an applicant on or before the tenth day after submission that the application is materially incomplete, and specifically identifies the missing documents or information and the specific rule or regulation creating the obligation to submit such documents or information, the period to act shall reset to zero on the date on which the applicant submits all documents and information identified by the Town to render the application complete. (2) For all other initial applications, the tolling period shall be the number of days from: (i) The day after the date when the Town notifies the applicant, in writing, that the application is materially incomplete and clearly and specifically identifies the missing documents or information that the applicant must submit to render the application complete and the specific rule or regulation creating this obligation; until (ii) The date when the applicant submits all the documents and information identified by the siting authority to render the application complete; (iii) But only if the notice in subsection (i) is made on or before the thirtieth day after the date when the application was submitted; or (3) For resubmitted applications following a notice of deficiency, the tolling period shall be the number of days from: {00341658.DOCX } 16 (i) The day after the date on which the Town notifies the applicant in writing that the applicants supplemental submission was not sufficient to render the application complete and clearly and specifically identifies the missing documents or information need to be submitted based on the Town’s original request for supplementation; until (ii) The date when the applicant submits all the documents and information identified by the Town to render the application complete; (iii) But only if the notice under subsection (i) is made on or before the tenth day after the date on which the applicant made its supplemental submission. (Statutory Reference: 47 C.F.R. § 1.6003.) Sec. 7-22. – Modifications to approved site plan, plot plan, or scaled elevation. (a) Minor modifications to an approved site plan, plot plan, or scaled elevation may be authorized in writing by the zoning administrator when such modifications comply with the requirements of this appendix and do not materially affect approvals granted or permits issued pursuant to the approved site plan. Any deviation from an approved site plan without the written approval of the zoning administrator shall void the site plan and require submission of a new site plan for consideration in accordance with the provisions of this article. (b) Major revisions to an approved site plan which, in the judgment of the zoning administrator, significantly alter the proposed development or materially affect approvals granted or permits issued pursuant to the approved site plan shall require that a new site plan be prepared and submitted for consideration. (Statutory Reference: Va. Code § 15.2-2242(1).) … Sec. 7-25. – Expiration of approved site plan, plot plan, or scaled elevation. (a) An approved final site plan shall be valid for a period of one not less than five years from the date of approval by the zoning administrator and shall become null and void if, within such period, work has not proceeded and no building permit pursuant thereto has been issued. In any case where an approved site plan has expired, the site plan may be resubmitted for review and approval in accordance with the provisions of this article. A site plan shall be deemed final once it has been reviewed and approved by the zoning administrator if the only requirement remaining to be satisfied in order to obtain a building permit is the posting of any bonds and escrows. (b) Application for minor modifications to final site plans made during the periods of validity of such plans established in accordance with this section shall not constitute a waiver of the provisions hereof nor shall the approval of minor modifications extend the period of validity of such plans. (b)(c) If construction of any wireless facility does not commence within 24 months after approval, or, if commenced, is not diligently pursued to completion, the zoning administrator may revoke the approval by sending notice of such revocation to the last {00341658.DOCX } 17 known address of the owner and marking the plot plan and/or scaled elevation “VOID” in his or her files. (Statutory Reference: Va. Code § 15.2-2261, § 15.2-2316.4:2(A)(10).) Sec. 7-26. – Failure to act; Appealsappeals. Any person aggrieved by any decision of the zoning administrator regarding a site plan may appeal such decision to the board of zoning appeals in accordance with the provisions of article IX of this appendix. (a) Failure to act on any site plan within the time periods set forth in section 7-21, upon an initial submission, shall be appealable to circuit court in the manner provided by law following 10 days’ notice to the zoning administrator. Failure to act upon a site plan resubmitted following being deemed complete and disapproved within the time periods set forth in this division is deemed approval. (b) Failure to act on any plot plan or scaled elevation for a small wireless facility within the time periods set forth in section 7-21.1 shall be deemed approval. (c) Notwithstanding the approval or deemed approval of any site plan, plot plan, or scaled elevation, any deficiency in any proposed plat or plan, that if left uncorrected, would violate local, state or federal law, regulations, mandatory Department of Transportation engineering and safety requirements, and other mandatory engineering and safety requirements, shall not be considered, treated or deemed as having been approved by the zoning administrator. (d) If the zoning administrator disapproves a site plan, plot plan, or scaled elevation and the applicant contends that the disapproval was not properly based on the ordinance applicable thereto, or was arbitrary or capricious, he or she may appeal to the circuit court having jurisdiction of such land and the court shall hear and determine the case as soon as may be, provided that his appeal is filed with the circuit court within 60 days of the written disapproval by the zoning administrator. (Statutory Reference: Va. Code § 15.2-2258, § 15.2-2259; 47 C.F.R. § 1.6003.) ARTICLE X. – DEFINITIONS … Sec. 10-2. – Words and terms defined. (a) … (b) … (#) Alternative tower structure. Manmade trees, clock towers, bell steeples, lightpoles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers. {00341658.DOCX } 18 … (#) Antenna means an apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated from a fixed location pursuant to FCC authorization, for the provision of personal wireless service and any commingled information services. This definition does not include unintentional radiators, mobile stations (e.g., handheld devices), or fixed wireless reception equipment in residential districts. (#) Antenna equipment means equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with an antenna, located in the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna. (#) Antenna facility means an antenna and associated antenna equipment. … (#) Base station. A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this subpart or any equipment associated with a tower. (A) The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. (B) The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems and small-cell networks). (C) The term includes any structure other than a tower that, at the time the relevant application is filed with the State or local government, supports or houses equipment described in paragraphs (A) and (B) of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. (D) The term does not include any structure that, at the time the relevant application is filed with the State or local government under this section, does not support or house equipment described in paragraphs (A) and (B) of this definition. … (#) Collocation may, depending on context, mean: (A) Either or both of: (1) Mounting or installing an antenna facility on a pre-existing structure; and/or {00341658.DOCX } 19 (1)(2) Modifying a structure for the purpose of mounting or installing an antenna facility on that structure. (B) With respect to wireless facility modifications, the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. … (#) Eligible facilities request. This term means any request for modification of an existing wireless tower or base station that involves: (A) collocation of new transmission equipment; (B) removal of transmission equipment; or (C) replacement of transmission equipment. (#) Eligible support structure. Any tower or base station provided that it is existing at the time the relevant application is filed with the Town. … (#) FAA. The Federal Aviation Administration. (#) FFCC. The Federal Communications Commission. … (#) Height. The vertical distance measured from the average of the lowest and highest elevations of the finished grades immediately adjacent to a building or structure to the highest point of a flat roof, mansard roof or parapet, or to the midpoint of a gable, hip or shed roof, or to the highest point of any structure having no roof. … (#) Site. For towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground. … (#) Substantial change. A modification to a wireless facility substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria: (i) For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than ten feet, whichever is greater; {00341658.DOCX } 20 (ii) For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet; (iii)For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure; (iv) It entails any excavation or deployment outside the current site; (v) It would defeat the concealment elements of the eligible support structure; or (vi) It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in paragraphs (i) through (iv) of this definition. Changes in height, for the purposes of this definition, should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings’ rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to February 22, 2012. … (#) Transmission equipment. Equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. … (#) Wireless facility. Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including (i) equipment associated with wireless services, such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services, such as microwave backhaul, and (ii) radio transceivers, antennas, coaxial, or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. {00341658.DOCX } 21 (#) Wireless support structure. A freestanding structure, such as a monopole, tower, either guyed or self-supporting, or suitable existing structure or alternative structure designed to support or capable of supporting wireless facilities. “Wireless support structure” does not include any telephone or electrical utility pole or any tower used for the distribution or transmission of electrical service. 1 Meeting Date December 3, 2019 Department Administration Issue Consider adoption of a Resolution authorizing the Town Manager to execute a Cooperative Agreement to accept a $300,000 Community-wide Brownfields Assessment Grant from the U.S. Environmental Protection Agency (EPA). Summary As briefing at the November 19th Council Meeting, the Town of Vinton was notified in June of 2019 that we had been awarded $300,000 for the three year program and staff has since been working with the EPA to complete the pre-contract aspects of the grant award. Subsequent to completing the pre-contract tasks in August, the Town has since been offered the Cooperative Agreement to formally accept the reimbursable grant funds that became available as of October 1st, 2019. Staff anticipates formal work on the grant program to commence in January of 2020, with the establishment of a steering committee comprised of community stakeholders, staff and elected officials, and will begin identifying priority properties and contacting property owners for their consent and involvement. The purpose of the EPA Community-wide Brownfields Assessment Grant is to evaluate underutilized commercial properties and/or perceived brownfields sites throughout the community that are in need of revitalization by performing Phase I and Phase II Environmental Assessments at each identified location. The program will also allow for up to three design concept plans and marketing materials to be developed for each site, with the hope of engaging potential developers to consider taking on the redevelopment project. This program also qualifies the Town for additional grant funds to assist with mitigating environmental conditions that could be potentially identified through the soil and water environmental assessments. The Finance Committee reviewed this request at their November 12th meeting and recommends Council approval. Town Council Agenda Summary 2 Attachments Cooperative Agreement Resolution Recommendations Motion to adopt Resolution BF - 96368301 - 0 Page 1 GRANT NUMBER (FAIN):96368301 MODIFICATION NUMBER:0 DATE OF AWARD PROGRAM CODE:BF 08/16/2019U.S. ENVIRONMENTAL PROTECTION AGENCY TYPE OF ACTION New MAILING DATE 08/23/2019 Cooperative Agreement PAYMENT METHOD: ACH# 3593 RECIPIENT TYPE: Township Send Payment Request to: N/ RECIPIENT: PAYEE: Town of Vinton 311 S Pollard St Vinton, VA 24179 EIN: 54-6001655 Town of Vinton 311 South Pollard Street Vinton, VA 24179 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Richard Peters Jr. 311 South Pollard Street Vinton, VA 24179-2531 E-Mail: rpeters@vintonva.gov Phone: 540-343-1508 Felicia Fred 1650 , 3LD50 Philadelphia, PA 19103-2029 E-Mail: Fred.Felicia@epa.gov Phone: 215-814-5524 Matthew Creedon Grants and Audit Management Branch, 3MD70 E-Mail: Creedon.Matthew@epa.gov Phone: 215-814-5174 PROJECT TITLE AND DESCRIPTION Assessment Cooperative Agreement for Town of Vinton This agreement will provide funding for the Town of Vinton to inventory, characterize, assess, and conduct cleanup planning, and community involvement related activities for brownfields sites in the Town of Vinton, Virginia. The grantee will conduct assessments, and cleanup plans for three target areas in Rt 24/Washington Ave/Gus Nicks Boulevard, Route 634/ Virginia Ave/Hardy Road and Pollard Street. Community Involvement will be conducted at each of these target areas. Brownfields are real property, the expansion, development or reuse of which may be complicated by the presence or potential presence of hazardous substances, pollutants, or contaminants. BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 07/01/2019 - 09/30/2022 07/01/2019 - 09/30/2022 $300,000.00 $300,000.00 NOTICE OF AWARD Based on your Application dated 07/11/2019 including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA) hereby awards $300,000. EPA agrees to cost-share 100.00% of all approved budget period costs incurred, up to and not exceeding total federal funding of $300,000. Recipient's signature is not required on this agreement. The recipient demonstrates its commitment to carry out this award by either: 1) drawing down funds within 21 days after the EPA award or amendment mailing date; or 2) not filing a notice of disagreement with the award terms and conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the terms and conditions specified in this award, the authorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official within 21 days after the EPA award or amendment mailing date. In case of disagreement, and until the disagreement is resolved, the recipient should not draw down on the funds provided by this award/amendment, and any costs incurred by the recipient are at its own risk. This agreement is subject to applicable EPA regulatory and statutory provisions, all terms and conditions of this agreement and any attachments. ISSUING OFFICE (GRANTS MANAGEMENT OFFICE)AWARD APPROVAL OFFICE ORGANIZATION / ADDRESS ORGANIZATION / ADDRESS US EPA Region 3, 3MD70 1650 Philadelphia, PA 19103-2029 U.S. EPA, Region 3 Land, Chemicals, and Redevelopment Division, 3LD00 1650 Philadelphia, PA 19103-2029 THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY Digital signature applied by EPA Award Official for John J. Krakowiak - Acting Assistant Regional Administrator Lisa White - DATE 08/16/2019 EPA Funding Information BF - 96368301 - 0 Page 2 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ $ 300,000 $ 300,000 EPA In-Kind Amount $ $ $ 0 Unexpended Prior Year Balance $ $ $ 0 Other Federal Funds $ $ $ 0 Recipient Contribution $ $ $ 0 State Contribution $ $ $ 0 Local Contribution $ $ $ 0 Other Contribution $ $ $ 0 Allowable Project Cost $ 0 $ 300,000 $ 300,000 Assistance Program (CFDA) Statutory AuthorityStatutory AuthorityStatutory AuthorityStatutory Authority Regulatory AuthorityRegulatory AuthorityRegulatory AuthorityRegulatory Authority 66.818 - Brownfields Multipurpose Revolving Loan Fund and Cleanup Cooperative Agreements CERCLA: Sec. 104(k)(2) Consolidated Appropriations Act of 2018 (P.L. 115-141) 2 CFR 200 2 CFR 1500 and 40 CFR 33 Fiscal Site Name Req No FY Approp. Code Budget Organization PRC Object Class Site/Project Cost Organization Obligation / Deobligation HAZ WASTE PETROLEUM 1903BF0005 1903BF0005 19 19 E4 E4 0300 7 0300 7 000D79 000D79 4114 4114 G300NY00 G300OR00 - - 180,000 120,000 300,000 (PageBreak BF - 96368301 - 0 Page 3 Budget Summary Page Table A - Object Class Category (Non-construction) Total Approved Allowable Budget Period Cost 1. Personnel $0 2. Fringe Benefits $0 3. Travel $4,500 4. Equipment $0 5. Supplies $500 6. Contractual $295,000 7. Construction $0 8. Other $0 9. Total Direct Charges $300,000 10. Indirect Costs: % Base $0 11. Total (Share: Recipient 0.00 % Federal 100.00 %.)$300,000 12. Total Approved Assistance Amount $300,000 13. Program Income $0 14. Total EPA Amount Awarded This Action $300,000 15. Total EPA Amount Awarded To Date $300,000 (PageBreak BF - 96368301 - 0 Page 4 Administrative Conditions General Terms and Conditions The recipient agrees to comply with the current EPA general terms and conditions available at: https://.epa.gov/grants/epa-general-terms-and-conditions-effective-october-1-2018 These terms and conditions are in addition to the assurances and certifications made as a part of the award and the terms, conditions, or restrictions cited throughout the award. The EPA repository for the general terms and conditions by year can be found at http://.epa.gov/grants/grant-terms-and-conditions. A. Correspondence Condition. The terms and conditions of this agreement require the submittal of reports, specific requests for approval, or notifications to EPA. Unless otherwise noted, all such correspondence should be sent to the following email addresses: Federal Financial Reports (SF-425): LVFC-grants@epa.gov and  R3 Grant Awards@epa.gov MBE/WBE reports (EPA Form 5700-52A): MBE/WBE reports should be signed and  emailed to R3 MBE-WBE Reports@epa.gov as a pdf file, or, if that is not possible, mail to Hana Jones, Small Business Program Coordinator (3RA00), U.S. EPA - Region III, 1650 Arch Street, Philadelphia, PA 19103-2029 with a courtesy copy to the EPA Grant Specialist. The current EPA Form 5700-52A can be found at the EPA Office of Small Business Program’s Home Page at http://.epa.gov/osbp/dbe reporting.htm All other forms/certifications/assurances, Indirect Cost Rate Agreements, Requests  for Extensions of the Budget and Project Period, Amendment Requests, Requests for other Prior Approvals, updates to recipient information (including email addresses, changes in contact information or changes in authorized representatives) and other notifications: Matthew Creedon, Grant Specialist at: creedon.matthew@epa.gov Felicia Fred, Project Officer at: fred.felicia@epa.gov Payment requests (if applicable): LVFC-grants@epa.gov Quality Assurance documents, , equipment lists, programmatic  reports and deliverables: Felicia Fred, Project Officer at: fred.felicia@epa.gov B. Extension of Project/Budget Period Expiration Date EPA has not exercised the waiver option to allow automatic one-time extensions for non-research grants under 2 CFR 200.308 (d)(2). Therefore, if a no-cost time extension is necessary to extend the period of availability of funds the recipient must submit a written request to the EPA prior to the budget/project period expiration dates. The written request must include: a justification describing the need for additional time, an estimated date of completion, and a revised schedule for project completion including updated milestone target dates for the approved workplan activities. In addition, if there are overdue reports required by the general, administrative, and/or programmatic terms and conditions of this assistance agreement, the recipient must ensure that they are submitted along with or prior to submitting the no-cost time extension request. C. Disadvantaged Business Enterprise (DBEs) UTILIZATION OF SMALL, MINORITY AND WOMEN'S BUSINESS ENTERPRISES GENERAL COMPLIANCE, 40 CFR, Part 33 The recipient agrees to comply with the requirements of EPA's Disadvantaged Business Enterprise (DBE) Program for procurement activities under assistance agreements, contained in 40 CFR, Part 33. MBE/WBE REPORTING, 40 CFR, Part 33, Subpart E The recipient agrees to complete and submit a “MBE/WBE Utilization Under Federal Grants and Cooperative Agreements” report (EPA Form 5700-52A) on an annual basis. The current EPA Form 5700-52A can be found at the EPA Grantee Forms Page at https://.epa.gov/grants/epa-grantee-forms. MBE/WBE reporting is required in annual reports. Reporting is required for assistance agreements where there are funds budgeted for procuring construction, equipment, services and supplies, including funds budgeted for direct procurement by the recipient or procurement under subawards or loans in the “Other” category with a cumulative total that exceed the threshold amount of $250,000, including amendments and/or modifications. The recipient must make reporting a requirement of all sub-awards/loans. All procurement actions are reportable, not just that portion which exceeds $250,000. When completing the annual report, recipients are instructed to check the box titled “annual” in section 1B of the form. For the final report, recipients are instructed to check the box titled “annual” and the box indicated for the “last report” of the project in section 1B of the form. Annual reports are due by October 30th of each year. Final reports are due by October 30th or 90 days after the end of the project period, . The reporting requirement is based on total procurements. Recipients with expended and/or budgeted funds for procurement are required to report annually whether the planned procurements take place during the reporting period or not. If no budgeted procurements take place during the reporting period, the recipient should check the box in section 5B when completing the form. Based on EPA’s review of the planned budget, this award meets the conditions above and is subject to the Disadvantaged Business Enterprise (DBE) Program reporting requirements. However, if the recipient believes this award does not meet these conditions, it must provide a justification and budget detail within 21 days of the award date clearly demonstrating that, based on the planned budget, this award is not subject to the DBE reporting requirements to the Regional or Headquarters point of contact defined in the correspondence condition, if applicable. This provision represents an approved deviation from the MBE/WBE reporting requirements as described in 40 CFR, Part 33, Section 33.502; however, the other requirements outlined in 40 CFR Part 33 remain in effect, including the Good Faith Effort requirements as described in 40 CFR Part 33 Subpart C, and Fair Share Objectives negotiation as described in 40 CFR Part 33 Subpart D and explained below. FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D A recipient must negotiate with the appropriate EPA award official, or his/her designee, fair share objectives for MBE and WBE participation in procurement under the financial assistance agreements. In accordance with 40 CFR, Section 33.411 some recipients may be exempt from the fair share objectives requirements as described in 40 CFR, Part 33, Subpart D. Recipients should work with their DBE coordinator, if they think their organization may qualify for an exemption. Accepting the Fair Share Objectives/Goals of Another Recipient The dollar amount of this assistance agreement, or the total dollar amount of all of the recipient’s financial assistance agreements in the current federal fiscal year from EPA is $250,000, or more. The recipient accepts the applicable MBE/WBE fair share objectives/goals negotiated with EPA by the Virginia Department of Environmental Quality as follows: MBE: 2.8%; CONSTRUCTION 0.60%; SUPPLIES 2.00%; SERVICES 1.70%; EQUIPMENT WBE: 1.20%; CONSTRUCTION 0.20%; SUPPLIES 1.00%; SERVICES 2.60%; EQUIPMENT By signing this financial assistance agreement, the recipient is accepting the fair share objectives/goals stated above and attests to the fact that it is purchasing the same or similar construction, supplies, services and equipment, in the same or similar relevant geographic buying market as Virginia Department of Environmental Quality.. Negotiating Fair Share Objectives/Goals, 40 CFR, Section 33.404 The recipient has the option to negotiate its own MBE/WBE fair share objectives/goals. If the recipient /WBE fair share objectives/goals, the recipient agrees to submit proposed MBE/WBE objectives/goals based on an availability analysis, or disparity study, of qualified MBEs and WBEs in their relevant geographic buying market for construction, services, supplies and equipment. The submission of proposed fair share goals with the supporting analysis or disparity study means that the recipient is not accepting the fair share objectives/goals of another recipient. The recipient agrees to submit proposed fair share objectives/goals, together with the supporting availability analysis or disparity study, to the Regional MBE/WBE Coordinator within 120 days of its acceptance of the financial assistance award. EPA will respond to the proposed fair share objective/goals within 30 days of receiving the submission. If proposed fair share objective/goals are not received within the 120 day time frame, the recipient may not expend its EPA funds for procurements until the proposed fair share objective/goals are submitted. SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C Pursuant to 40 CFR, Section 33.301, the recipient agrees to make the following good faith efforts , equipment, services and supplies under an EPA financial assistance agreement, and to require that sub-recipients, loan recipients, and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained: (a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. (b) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, , in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, , posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. (c) Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. (d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. (e) Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce. (f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs (a) through (e) of this section. CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302 The recipient agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. BIDDERS LIST, 40 CFR, Section 33.501(b) and (c) Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving loan fund also agree to require entities receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40 CFR, Section 33.501 (b) and (c) for specific requirements and exemptions. D. Pre-Award Costs In accordance with 2 CFR 1500.8, the grantee may charge otherwise allowable pre-award costs (both Federal and non-Federal matching shares) incurred from July 1, 2019 to the actual award date provided that such costs were contained in the approved application and all costs are incurred within the approved budget period. Programmatic Conditions FY19 Assessment Cooperative Agreement Terms and Conditions I. GENERAL FEDERAL REQUIREMENTS A. Federal Policy and Guidance 1. Cooperative Agreement Recipients: By awarding this cooperative agreement, the Environmental Protection Agency (EPA) has approved the proposal for the Cooperative Agreement Recipient (CAR) submitted in the Fiscal Year 2019 competition for Brownfield Assessment cooperative agreements. B. Geospatial Data Standards 2. All geospatial data created must be consistent with Federal Geographic Data Committee (FGDC) endorsed standards. Information on these standards may be found at .fgdc.gov. EPA has conditionally approved the workplan. The recipient may incur costs on eligible activities associated with the conditionally-approved workplan up to $300,000 . Until a final revised workplan has been approved by EPA: a. the recipient should not request payments and EPA will not make payments for unapproved ; and b. any costs incurred for unapproved work by the recipient are at its own risk. 3. In implementing this agreement, the CAR shall ensure that work done with cooperative agreement funds complies with the requirements of CERCLA § 104(k). The CAR shall also ensure that assessment activities supported with cooperative agreement funding comply with all applicable federal and state laws and regulations. 4. A term and condition or other legally binding provision shall be included in all subawards entered into , or when funds awarded under this agreement are used in combination with non-federal sources of funds, to ensure that the CAR complies with all applicable federal and state laws and requirements. In addition to CERCLA § 104(k), federal applicable laws and requirements include 2 CFR Part 200. 5. The CAR must comply with federal cross-cutting requirements. These requirements include, but are not limited to, DBE requirements found at 40 CFR Part 33; OSHA Worker Health & Safety Standard 29 CFR § 1910.120; Uniform Relocation Act (40 USC § 61); National Historic Preservation Act (16 USC § 470); Endangered Species Act (P.L. 93-205); Permits required by Section 404 of the Clean Water Act; Executive Order 11246, Equal Employment Opportunity, and implementing regulations at 41 CFR § 60-4; Contract Work Hours and Safety Standards Act, as amended (40 USC §§ 327-333); the Anti-Kickback Act (40 USC § 276c); and Section 504 of the Rehabilitation Act of 1973 as implemented by Executive Orders 11914 and 11250. II. SITE ELIGIBILITY REQUIREMENTS A. Eligible Brownfield Site Determinations 1. The CAR must provide information to the EPA Project Officer about site-specific work prior to incurring any costs under this cooperative agreement for sites that have not already been pre-approved in the CAR’s workplan by EPA. The information that must be provided includes whether the site meets the definition of a brownfield site as defined in § 101(39) of CERCLA, and whether the CAR is the potentially responsible party under CERCLA § 107, is exempt from CERCLA liability and/or has defenses to CERCLA liability. 2. If the site is excluded from the general definition of a brownfield but is eligible for a property-specific funding determination, then the CAR may request a property-specific funding determination from the EPA Project Officer. In its request, the CAR must provide information sufficient for EPA to make a property-specific funding determination on how financial assistance will protect human health and the environment, and either promote economic development or enable the creation of, preservation of, or addition to parks, greenways, undeveloped property, other recreational property, or other property used for nonprofit purposes. The CAR must not incur costs for assessing sites requiring a property-specific funding determination by EPA until the EPA Project Officer has advised the CAR that EPA has determined that the property is eligible. 3. Brownfield Sites Contaminated with Petroleum a. For any petroleum-contaminated brownfield site that is not included in the CAR’s EPA-approved workplan, the CAR shall provide sufficient documentation to EPA prior to incurring costs under this cooperative agreement which documents that: i. the State determines there is “no viable responsible party” for the site; ii. the State determines that the person assessing or investigating the site is a person ; and iii. the site is not subject to any order issued under Section 9003(h) of the Solid Waste Disposal Act. This documentation must be prepared by the CAR or the State, following contact and discussion with the appropriate state petroleum program official. Please contact the EPA Project Officer for additional information. b. Documentation must include: i. the identity of the State program official contacted; ii. the State official’s telephone number; iii. the date of the contact; and iv. a summary of the discussion relating to the State’s determination that there is no viable responsible party and that the person assessing or investigating the site is not potentially liable for cleaning up the site. Other documentation provided by a State to the recipient relevant to any of the determinations by the State must also be provided to the EPA Project Officer. c. If the State chooses not to make the determinations described in Section II.A.3. above, the CAR must contact the EPA Project Officer and provide the necessary information for EPA to make the requisite determinations. d. EPA will make all determinations on the eligibility of petroleum-contaminated brownfield sites located on tribal lands (i.e., reservation lands or lands otherwise in Indian country, as defined at 18 U.S.C. § 1151). Before incurring costs for these sites, the CAR must contact the EPA Project Officer and provide the necessary information for EPA to make the determinations described in Section II.A.3.b. above. III. GENERAL COOPERATIVE AGREEMENT ADMINISTRATIVE REQUIREMENTS A. Sufficient Progress 1. This condition supplements the requirements of the Sufficient Progress Condition (No. 22) in the General Terms and Conditions. If after 18 months from the date of award, EPA determines that the CAR has not made sufficient progress in implementing its cooperative agreement, the CAR must implement a corrective action plan concurred on by the EPA Project Officer and approved by the Award Official or Grants Management Officer. Alternatively, EPA may terminate this agreement under 2 CFR § 200.339 for material non-compliance with its terms, or with the consent of the CAR as provided at 2 CFR § 200.339, depending on the circumstances. Sufficient progress is indicated when 35% of funds have been drawn down and disbursed for eligible activities. For assessment coalition cooperative agreements, sufficient progress is demonstrated when a solicitation for services has been released, sites are prioritized, or an inventory has been initiated (if necessary), community involvement activities have been initiated and a Memorandum of Agreement is in place, or other documented activities that demonstrate to EPA’s satisfaction that the CAR will successfully perform the cooperative agreement. B. Substantial Involvement 1. EPA may be substantially involved in overseeing and monitoring this cooperative agreement. a. Substantial involvement by EPA generally includes administrative activities by the EPA Project Officer such as monitoring, reviewing project phases, and approving substantive terms included in professional services contracts. EPA will not direct or recommend that the CAR enter into a contract with a particular entity. b. Substantial EPA involvement includes brownfield property-specific funding determinations described in Section II.A.2. If the CAR awards a subaward for site assessment, the CAR must obtain technical assistance from EPA on which sites qualify as a brownfield site and determine whether the statutory prohibition found in CERCLA § 104(k)(5)(B)(i)(IV) applies. This prohibition does not allow the subrecipient to use EPA cooperative agreement funds to assess a site for which the subrecipient is potentially liable under § 107 of CERCLA. c. Substantial EPA involvement may include reviewing financial and program performance reports, monitoring all reporting, record-keeping, and other program requirements. d. EPA may waive any of the provisions in Section III.B.1. property-specific funding determinations, at its own initiative or upon request by the CAR. The EPA Project Officer will provide waivers in writing. 2. Effects of EPA’s substantial involvement include: a. EPA’s review of any project phase, document, or cost incurred under this cooperative agreement will not have any effect upon CERCLA § 128 Eligible Response Site determinations or rights, authorities, and actions under CERCLA or any federal statute. b. The CAR remains responsible for ensuring that all assessments are protective of human health and the environment and comply with all applicable federal and state laws. c. The CAR and its subrecipients remain responsible for ensuring costs are allowable under 2 CFR Part 200, Subpart E. C. Cooperative Agreement Recipient Roles and Responsibilities 1. The CAR must acquire the services of a Qualified Environmental Professional(s) as defined in 40 CFR § 312.10 to coordinate, direct, and oversee the brownfield site assessment activities at a given site, if it does not have such a professional on staff. 2. The CAR is responsible for ensuring that funding received under this cooperative agreement does not exceed the statutory $200,000 funding limitation for an individual brownfield site. Waiver of this funding limit for a brownfield site must be submitted to the EPA Project Officer and approved prior to the expenditure of funding exceeding $200,000. In no case may funding for site-specific assessment activities exceed $350,000 on a site receiving a waiver. CARs expending funding from a Community- this amount in any total funding expended on the site. 3. Cybersecurity – The recipient agrees that when collecting and managing environmental data under this cooperative agreement, it will protect the data by following all applicable {enter ‘State or Tribal law’ for non-Tribal and non-State recipients; enter ‘Tribal law and policy’ for Tribal recipients; enter ‘State law’ for State recipients } cybersecurity requirements. a. EPA must ensure that any connections between the recipient’s network or information system and EPA networks used by the recipient to transfer data under this agreement are secure. For purposes of this section, a connection is defined as a dedicated persistent interface between an Agency IT system and an external IT system for the purpose of transferring information. Transitory, user-controlled connections such as website browsing are excluded from this definition. If the recipient’s connections as defined above do not go through the Environmental Information Exchange Network or EPA’s Central Data Exchange, the recipient agrees to contact the EPA Project Officer (PO) {enter ‘no later than 90 days after the date of this award’ for Tribal and non-State recipients } and work with the designated Regional/ Headquarters Information Security Officer to ensure that the connections meet EPA security requirements, including entering into Interconnection Service Agreements as appropriate. This condition does not apply to manual entry of data by the recipient into systems operated and used by EPA’s regulatory programs for the submission of reporting and/or compliance data. b. The recipient agrees that any subawards it makes under this agreement will require the subrecipient to comply with the requirements in Cybersecurity Section a. above if the subrecipient’s network or information system is connected to EPA networks to transfer data to the Agency using systems other than the Environmental Information Exchange Network or EPA’s Central Data Exchange. The recipient will be in compliance with this condition: by including this requirement in subaward agreements; and during subrecipient monitoring deemed necessary by the recipient under 2 CFR § 200.331(d), by inquiring whether the subrecipient has contacted the EPA Project Officer. Nothing in this condition requires the recipient to contact the EPA Project Officer on behalf of a subrecipient or to be involved in the negotiation of an Interconnection Service Agreement between the subrecipient and EPA. 4. All geospatial data created must be consistent with Federal Geographic Data Committee (FGDC) endorsed standards. Information on these standards may be found at .fgdc.gov. D. Quarterly Progress Reports 1. In accordance with EPA regulations 2 CFR Parts 200 and 1500 (specifically, § 200.328, Monitoring and Reporting Program Performance ), the CAR agrees to submit quarterly progress reports to the EPA Project Officer within 30 days after each reporting period. The reporting periods are October 1 – December 31 (1st quarter); January 1 – March 31 (2nd quarter); April 1 – June 30 (3rd quarter); and July 1 – September 30 (4th quarter). These reports shall cover work status, , difficulties encountered, preliminary data results and a statement of activity anticipated during the subsequent reporting period, including a description of equipment, techniques, and materials to be used or evaluated. A discussion of expenditures and financial status for each workplan task, along with a comparison of the percentage of the project completed to the project schedule and an explanation of significant discrepancies shall be included in the report. The report shall also include any changes of key personnel concerned with the project. The CAR shall refer to and utilize the Quarterly Reporting function resident within the Assessment, Cleanup and Redevelopment Exchange System (ACRES) to submit quarterly reports. 2. The CAR must submit progress reports on a quarterly basis to the EPA Project Officer. Quarterly progress reports must include: a. A summary that clearly differentiates between activities completed with EPA funds provided under the Brownfield Assessment cooperative agreement and related activities completed . b. A summary and status of approved activities performed during the reporting quarter; a summary of the performance outputs/outcomes achieved during the reporting quarter; and a description of problems encountered during the reporting quarter that may affect the project schedule. c. A comparison of actual accomplishments to the anticipated outputs/outcomes specified in the EPA-approved workplan and reasons why anticipated outputs/outcomes were not met. d. An update on project schedules and milestones, including an explanation of any discrepancies from the EPA-approved workplan. e. A list of the properties where assessment activities were performed and/or completed during the reporting quarter. f. A budget recap summary table with the following information: current approved project budget; EPA funds drawn down during the reporting quarter; costs drawn down to date (cumulative expenditures); program income generated and used (if applicable); and total remaining funds. The CAR should include an explanation of any discrepancies in the budget from the EPA-approved workplan, of cost overruns or high unit costs, and other pertinent information. Note: Each property where assessment activities were performed and/or completed must have its corresponding information updated in ACRES (or via the Property Profile Form with prior approval from the EPA Project Officer) prior to submitting the quarterly progress report (see Section III.E. below). 3. The CAR must maintain records that will enable it to report to EPA on the amount of funds disbursed by the CAR to assess specific properties under this cooperative agreement. 4. In accordance with 2 CFR § 200.328(d)(1), the CAR agrees to inform EPA as soon as problems, delays, or adverse conditions become known which will materially impair the ability to meet the outputs/outcomes specified in the EPA-approved workplan. E. Property Profile Submission 1. The CAR must report on interim progress (i.e., assessment started) and any final accomplishments (i.e., assessment completed, clean up required, contaminants, institutional controls, engineering controls) by completing and submitting relevant portions of the Property Profile Form using the Assessment, Cleanup and Redevelopment Exchange System (ACRES). The CAR must enter the data in ACRES as soon as the interim action or final accomplishment has occurred, or within 30 days after the end of each reporting quarter. The CAR must enter any new data into ACRES prior to submitting the quarterly progress report to the EPA Project Officer. The CAR must utilize the ACRES system unless approval is obtained from the EPA Project Officer to utilize and the Property Profile Form. F. Final Technical Cooperative Agreement Report with Environmental Results 1. In accordance with EPA regulations 2 CFR Parts 200 and 1500 (specifically, § 200.328, Monitoring and Reporting Program Performance ), the CAR agrees to submit to the EPA Project Officer within 90 days after the expiration or termination of the approved project period a final technical report on the cooperative agreement and at least one reproducible copy suitable for printing. The final technical report shall document project activities over the entire project period and shall include brief information on each of the following areas: a. a comparison of actual accomplishments with the anticipated outputs/outcomes specified in the EPA-approved workplan; b. reasons why anticipated outputs/outcomes were not met; and c. other pertinent information, including when appropriate, analysis and explanation of cost overruns or high unit costs. IV. FINANCIAL ADMINISTRATION REQUIREMENTS A. Eligible Uses of the Funds for the Cooperative Agreement Recipient 1. To the extent allowable under the EPA-approved workplan, cooperative agreement funds may be used for eligible programmatic expenses to inventory, characterize, assess sites; conduct site-specific planning, general brownfield-related planning activities around one or more brownfield sites, and outreach. Eligible programmatic expenses include activities described in Section V. of these Terms and Conditions. In addition, eligible programmatic expenses may include: a. Determining whether assessment activities at a particular site are authorized by CERCLA § 104(k). b. Ensuring that an assessment complies with applicable requirements under federal and state laws, as required by CERCLA § 104(k). c. Developing a Quality Assurance Project Plan (QAPP) as required by 2 CFR § 1500.11. The specific requirement for a QAPP is outlined in Implementation of Quality Assurance Requirements for Organizations Receiving EPA Financial Assistance available at https://.epa.gov/grants/implementation-quality-assurance-requirements-organizations-rec eiving-epa-financial. d. Using a portion of the cooperative agreement funds to purchase environmental insurance for the characterization or assessment of the site. Funds may not be used to purchase insurance intended to provide coverage for any of the ineligible uses under Section IV., Ineligible Uses of the Funds for the Cooperative Agreement Recipient. e. Any other eligible programmatic costs, including direct costs incurred by the recipient in reporting to EPA; procuring and managing contracts; awarding, monitoring, and managing subawards to the extent required to comply with 2 CFR § 200.331 and the “Establishing and Managing Subawards” General Term and Condition; and carrying out community involvement pertaining to the assessment activities. 2.Local Governments Only. No more than 10% of the funds awarded by this agreement may be used by the CAR itself as a programmatic cost for Brownfield Program development and implementation of monitoring health conditions and institutional controls. The health monitoring activities must be associated with brownfield sites at which at least a Phase II environmental site assessment is conducted and is contaminated with hazardous substances. The CAR must maintain records on funds that will be used to carry out this task to ensure compliance with this requirement. 3. Under CERCLA § 104(k)(5)(B), CARs and subrecipients may use up to 5% of the amount of federal funding for this cooperative agreement for administrative costs, including indirect costs under 2 CFR § 200.414. The limit on administrative costs for this agreement is $15,000. The total amount of indirect costs and any direct costs for cooperative agreement administration by the CAR or subaward administration by subrecipients paid for by EPA under the cooperative agreement may not exceed this amount. As required by 2 CFR § 200.403(d), the CAR and subrecipients must classify administrative costs as direct or indirect consistently and may not classify the same types of cost in both categories. Eligible cooperative agreement and subaward administrative costs subject to the 5% limitation include direct costs for: a. Costs incurred to comply with the following provisions of the Uniform Administrative Requirements for Cost Principles and Audit Requirements for Federal Awards at 2 CFR Parts 200 and 1500 other than those identified as programmatic. i. Record-keeping associated with equipment purchases required under 2 CFR § 200.313; ii. Preparing revisions and changes in the budgets, scopes of work, program plans and other activities required under 2 CFR § 200.308; iii. Maintaining and operating financial management systems required under 2 CFR § 200.302; iv. Preparing payment requests and handling payments under 2 CFR § 200.305; v.Financial reporting under 2 CFR § 200.327. vi. Non-federal audits required under 2 CFR Part 200, Subpart F; and vii. Closeout under 2 CFR § 200.343 ’s final performance report. Costs for preparing this report are programmatic and are not subject to the 5% limitation on direct administrative costs. b. Pre-award costs for preparation of the proposal and application for this cooperative agreement (including the final workplan) or applications for subawards are not allowable as direct costs but may be included in the CAR’s or subrecipient’s indirect cost pool to the extent authorized by 2 CFR § 200.460. B. Ineligible Uses of the Funds for the Cooperative Agreement Recipient 1. Cooperative agreement funds shall not be used by the CAR for any of the following activities: a. Cleanup activities; b. Site development activities that are not brownfield site assessment activities (e.g., marketing of property (activities or products created specifically to attract buyers or investors) or construction of a new facility); c. General community visioning, area-, design guideline development, master planning, green infrastructure, infrastructure service delivery, and city- comprehensive planning/plan updates – these activities are all ineligible uses of grant funds if unrelated to advancing cleanup and reuse of brownfield sites or sites to be assessed. Note: for these types of activities to be an eligible use of grant funds, there must be a specific nexus between the activity and how it will help further cleanup and reuse of the priority brownfield site(s). This nexus must be clearly described in the workplan for the project; d. Job training unrelated to performing a specific assessment at a site covered by the cooperative agreement; e. To pay for a penalty or fine; f. To pay a federal cost share requirement (e.g., a cost share required by another federal grant) unless there is specific statutory authority; g. To pay for a response cost at a brownfield site for which the CAR or subaward recipient is potentially liable under CERCLA § 107; h. To pay a cost of compliance with any federal law, excluding the cost of compliance ; and i. Unallowable costs (e.g., lobbying and purchases of alcoholic beverages) under 2 CFR Part 200, Subpart E. 2. Cooperative agreement funds may not be used for any of the following properties: a. Facilities listed, or proposed for listing, on the National Priorities List (NPL); b. Facilities subject to unilateral administrative orders, court orders, and administrative orders on consent or judicial consent decree issued to or entered by parties under CERCLA; c. Facilities that are subject to the jurisdiction, custody or control of the United States government except for land held in trust by the United States government for an Indian tribe; or d. A site excluded from the definition of a brownfield site for which EPA has not made a property-specific funding determination. C. Interest-Bearing Accounts and Program Income 1. In accordance with 2 CFR § 1500.7(b), during the performance period of the cooperative agreement, the CAR is authorized to add program income to the funds awarded by EPA and use the program income under the same terms and conditions of this agreement. 2. Program income for the CAR shall be defined as the gross income received by the recipient, directly generated by the cooperative agreement award or earned during the period of the award. Program income includes, but is not limited to, fees charged for conducting assessment, site characterizations, cleanup planning, or other activities when the costs for the activity is charged to this agreement. 3. The CAR must deposit advances of cooperative agreement funds and program income (i.e., fees) in an interest-bearing account. a. For interest earned on advances, CARs are subject to the provisions of 2 CFR 200.305(b)(7)(ii) relating to remitting interest on advances to EPA on a quarterly basis. b. Any program income earned by the CAR will be added to the funds EPA has committed to this agreement and used only for eligible and allowable costs under the agreement as provided in 2 CFR § 200.307 and 2 CFR § 1500.7, as applicable. c. Interest earned on program income is considered additional program income. d. The CAR must disburse program income (including interest earned on program income) before requesting additional payments from EPA as required by 2 CFR § 200.305(b)(5). 4. As required by 2 CFR § 200.302, the CAR must maintain accounting records documenting the receipt and disbursement of program income. 5. The recipient must provide as part of its quarterly performance report and final technical report a description of how program income is being used. Further, a report on the amount of program income earned during the award period must be submitted with the quarterly performance report, final technical report, and Federal Financial Report (Standard Form 425). V. ASSESSMENT REQUIREMENTS A. Authorized Assessment Activities 1. Prior to conducting or engaging in any on-site activity with the potential to impact historic properties (such as invasive sampling), the CAR shall consult with the EPA Project Officer regarding potential applicability of the National Historic Preservation Act (NHPA) (16 USC § 470) and, if applicable, shall assist EPA in complying with any requirements of the NHPA and implementing regulations. B. Quality Assurance (QA) Requirements 1. When environmental data are collected as part of the brownfield assessment, the CAR shall comply 2 CFR § 1500.11 requirements to develop and implement quality assurance practices sufficient to produce data adequate to meet project objectives and to minimize data loss. State law may impose additional QA requirements. Recipients implementing environmental programs within the scope of the assistance agreement must submit to the EPA Project Officer an approvable Quality Assurance Project Plan (QAPP) at least [Insert 30/45/60] days prior to the initiating of data collection or data compilation. The Quality Assurance Project Plan (QAPP) is the document that provides comprehensive details about the quality assurance, quality control, and technical activities that must be implemented to ensure that project objectives are met. Environmental programs include direct measurements or data generation, environmental modeling, compilation of date from literature or electronic media, and data supporting the design, construction, and operation of environmental technology. The QAPP should be prepared in accordance with EPA QA/R-5: EPA Requirements for Quality Assurance Project Plans. No environmental data collection or data compilation may occur until the QAPP is approved by the EPA Project Officer and Quality Assurance Regional Manager. When the recipient is delegating the responsibility for an environmental data collection or data compilation activity to another organization, the EPA Regional Quality Assurance Manager may allow the recipient to review and approve that organization's QAPP. Additional information on these requirements can be found at the EPA Office of Grants and Debarment website at https://.epa.gov/grants/implementation-quality-assurance-requirements-organizations-receiving-e pa-financial. 2.Competency of Organizations Generating Environmental Measurement Data: In accordance with Agency Policy Directive Number FEM-2012-02, Policy to Assure the Competency of Organizations Generating Environmental Measurement Data under Agency-Funded Assistance , the CAR agrees, by entering into this agreement, that it has demonstrated competency prior to award, or alternatively, -award demonstration of competency is not practicable, the CAR agrees to demonstrate competency prior to carrying out any activities under the award involving the generation or use of environmental data. The CAR shall maintain competency for the duration of the project period of this agreement and this will be documented during the annual reporting process. A copy of the Policy is available online at http://.epa.gov/fem/lab comp.htm or a copy may also be requested by contacting the EPA Project Officer for this award. C. Community Outreach 1. The CAR agrees to clearly reference EPA investments in the project during all phases of community outreach outlined in the EPA-approved workplan which may include the development of any post-project summary or success materials that highlight achievements to which this project contributed. a. If any documents, fact sheets, and/or web materials are developed as part of this cooperative agreement, then they shall include the following statement: "Though this project has been funded, wholly or in part, by EPA, the contents of this document do not necessarily reflect the views and policies of EPA." b. If a sign is developed as part of a project funded by this cooperative agreement, then the sign shall include either a statement (e.g., this project has been funded, , by EPA) and/or EPA's logo acknowledging that EPA is a source of funding for the project. The EPA logo may be used on project signage when the sign can be placed in a visible location with direct linkage to site activities. Use of the EPA logo must follow the sign specifications available at https://.epa.gov/grants/epa-logo-seal-specifications-signage-produced-epa-assistance-ag reement-recipients. 2. The CAR agrees to notify the EPA Project Officer of public or media events publicizing the accomplishment of significant events related to construction and/or site reuse projects as a result of this agreement, and provide the opportunity for attendance and participation by federal representatives with at least ten (10) ’ notice. 3. To increase public awareness of projects serving communities where English is not the predominant language, CARs are encouraged to include in their outreach strategies communication in non-English languages. Translation costs for this purpose are allowable, provided the costs are reasonable. D. All Appropriate Inquiry 1. As required by CERCLA § 104(k)(2)(B)(ii) and CERCLA § 101(35)(B), the CAR shall ensure that a Phase I site characterization and assessment carried out under this agreement will be performed in accordance with EPA's all appropriate inquiries regulation (AAI). The CAR shall utilize the practices in ASTM standard E1527-13 “Standard Practices for Environmental Site Assessment: Phase I Environmental Site Assessment Process ,” or EPA's All Appropriate Inquiries Final Rule (40 CFR Part 312). A suggested outline for an AAI final report is provided in “: Reporting Requirements and Suggestions on Report Content”, (Publication Number: EPA 560-F-14-003). This does not preclude the use of cooperative agreement funds for additional site characterization and assessment activities that may be necessary to characterize the environmental impacts at the site or to comply with applicable state standards. 2. AAI final reports produced with funding from this agreement must comply with 40 CFR Part 312 and must, at a minimum, include the information below. All AAI reports submitted to EPA Project Officers as deliverables under this agreement must be accompanied by a completed “ Inquiries: Reporting Requirements Checklist for Assessment Grant Recipients” (Publication Number: EPA 560-F-17-194) that the EPA Project Officer will provide to the recipient. The checklist is available to CARs on EPA’s website at .epa.gov/brownfields. The completed checklist must include: a. An opinion as to whether the inquiry has identified conditions indicative of releases or threatened releases of hazardous substances, and as applicable, pollutants and contaminants, petroleum or petroleum products, or controlled substances, on, at, in, or to the subject property. b. An identification of “significant” data gaps (as defined in 40 CFR § 312.10), if any, in the information collected for the inquiry. Significant data gaps include missing or unattainable information that affects the ability of the environmental professional to identify conditions indicative of releases or threatened releases of hazardous substances, and as applicable, pollutants and contaminants, petroleum or petroleum products, or controlled substances, on, at, in, or to the subject property. The documentation of significant data gaps must include information regarding the significance of these data gaps. c.Qualifications and signature of the environmental professional(s). The environmental professional must place the following statements in the document and sign the document: ·‘‘[I, We declare that, to the best of [my, our , [I, we meet the definition of Environmental Professional as defined in §312.10 of this part.’’ ·‘‘[I, We have the specific qualifications based on education, training, and experience to assess a property of the nature, history, and setting of the subject property. [I, We have developed and performed the all appropriate inquiries in conformance with the standards and practices set forth in 40 CFR Part 312.’’ Note: Please use either “I” or “We.” d. In compliance with §312.31(b), the environmental professional must include in the final report an opinion regarding additional appropriate investigation , if the environmental professional has such an opinion. 3. EPA may review checklists and AAI final reports for compliance with the AAI regulation documentation requirements at 40 CFR Part 312 (or comparable requirements for those using ASTM Standard 1527-13). Any deficiencies identified during an EPA review of these documents must be corrected by the recipient within 30 days of notification. Failure to correct any identified deficiencies may result in EPA disallowing the costs for the entire AAI report as authorized by 2 CFR § 200.338 through 2 CFR § 200.342. If a recipient willfully fails to correct the deficiencies EPA may consider other available remedies under 2 CFR § 200.342. E. Completion of Assessment Activities 1. The CAR shall properly document the completion of all activities described in the EPA- approved . This must be done through a final report or letter from a Qualified Environmental Professional, or other documentation provided by a State or Tribe that shows assessments are complete. F. Inclusion of Additional Terms and Conditions 1. In accordance with 2 CFR § 200.333 the CAR shall maintain records pertaining to the cooperative for a minimum of three (3) years following submission of the final financial report unless one or more of the conditions described in the regulation applies. The CAR shall provide access to records relating to assessments supported with Assessment cooperative agreement funds to authorized representatives of the Federal government as required by 2 CFR § 200.336. 2. The CAR has an ongoing obligation to advise EPA if it assessed any penalties resulting from environmental non-compliance at sites subject to this agreement. VI. PAYMENT AND CLOSEOUT For the purposes of these Terms and Conditions, the following definitions apply: “payment” is EPA’s transfer of funds to the CAR; “closeout” refers to the process EPA follows to ensure that all administrative actions and work required under the cooperative agreement have been completed. A. Payment Schedule 1. The CAR may request advance payment from EPA pursuant to 2 CFR § 200.305(b)(1) and the prompt disbursement requirements of the General Terms and Conditions of this agreement. This requirement does not apply to states which are subject to 2 CFR § 200.305(a). B. Schedule for Closeout 1. Closeout will be conducted in accordance with 2 CFR § 200.343. EPA will close out the award agreement have been completed. 2. The CAR, 90 days after the expiration or termination of the cooperative agreement, must submit all financial, performance, and other reports required as a condition of the cooperative agreement 2 CFR Part 200. a. The CAR must submit the following documentation: i. The Final Technical Cooperative Agreement Report as described in Section III.F. of these Terms and Conditions. ii. Administrative and Financial Reports as described in the Grant-Specific Administrative Terms and Conditions of this agreement. b. The CAR must ensure that appropriate data have been entered into ACRES or all Property Profile Forms are submitted to the EPA Project Officer. c. As required by 2 CFR § 200.343, the CAR must immediately refund to EPA any balance of unobligated (unencumbered) advanced cash or accrued program income that is not authorized to be retained for use on other cooperative agreements. 1 RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, DECEMBER 3, 2019 AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179. WHEREAS, the U.S. Department of Environmental Protection Agency (EPA) desires to promote the restoration and redevelopment of brownfield sites and to address environmental problems or obstacles to reuse so that such sites can be effectively marketed to new economic development prospects; and WHEREAS, the U.S. Department of Environmental Protection Agency (EPA) administers a Community-wide Brownfields Assessment Grant to assist with local government efforts to identify and promote the redevelopment of brownfields sites within their communities; and WHEREAS, the Town of Vinton successfully applied and has been awarded a $300,000 Community-wide Assessment Grant from the EPA, has successfully completed the pre-contract terms of the grant award and has been offered a Cooperative Agreement with the EPA; and WHEREAS, the EPA and the Town of Vinton desire to set forth their understanding and agreement as to the payout of the Grant, the use of the Grant proceeds, the obligations of the Grantee; and WHEREAS, the redevelopment of brownfield sites and addressing environmental problems or obstacles to reuse constitutes a valid public purpose for the expenditure of public funds and is the animating purpose in making the Grant. NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE TOWN OF VINTON, VIRGINIA, AS FOLLOWS: 1. The Cooperative Agreement is hereby approved in a form substantially similar to the one presented to Council and approved by the Town Attorney. 2. The Town Manager is hereby authorized, for and behalf of the Town, to execute and then deliver the Cooperative Agreement in furtherance of the same. 2 3. The Vinton Town Council does hereby approve the following accounting transaction to be appropriated for the total of the grant: BUDGET ENTRY GENERAL LEDGER: 250.25100 Appropriations $300,000.00 250.25000 Estimated Revenue $300,000.00 FROM REVENUE: 250.1080.001 Brownfield Grant Revenue $300,000.00 TO EXPENDITURE: 250.1080.302 Brownfield Grant Expenditure $300,000.00 TOTAL $300,000.00 This Resolution was adopted on motion made by Council Member ____________, seconded by Council Member _________________, with the following votes recorded: AYES: NAYS: APPROVED: ______________________________ Bradley E. Grose, Mayor ATTEST: ______ Susan N. Johnson, CMC, Town Clerk Meeting Date December 3, 2019 Department Administration Issue Consider adoption of a Resolution authorizing the Town Manager to execute a Contract with Draper Aden and Associates for Environmental Consulting to assist with administration of the $300,000 Community-wide Brownfields Assessment Grant from the U.S. Environmental Protection Agency (EPA). Summary As briefed at the November 19th Council Meeting, the Town of Vinton has been awarded a $300,000 Community-wide Brownfields Assessment Grant from the EPA and as part of the grant award, the intention is to hire an environmental consulting firm to assist with the grant administration, conduct the environmental assessments, prepare conceptual site plans, establish marketing materials and assist with coordination of the steering committee. The Town issued a Request for Proposal (RFP) on September 13th, 2019 and received four proposals prior to the October 11, 2019 deadline. A RFP Proposal Review Committee was subsequently established to individually review and score each of the four proposals. A Committee Meeting was convened on Tuesday, October 29th to review the preliminary individual scoring and formally rank the firms proposals. It was the consensus choice of the Committee to offer Draper Aden and Associates a contract as the Environmental Consultant for the grant project. The Finance Committee reviewed this request at their November 12th meeting and recommends Council approval. Attachments Contract for Environmental Services for the EPA Brownfields Assessment Grant Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary 1 RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, DECEMBER 3, 2019 AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179. WHEREAS, the U.S. Department of Environmental Protection Agency (EPA) desires to promote the restoration and redevelopment of brownfield sites and to address environmental problems or obstacles to reuse so that such sites can be effectively marketed to new economic development prospects; and WHEREAS, the U.S. Department of Environmental Protection Agency (EPA) administers a Community-wide Brownfields Assessment Grant to assist with local government efforts to identify and promote the redevelopment of brownfields sites within their communities; and WHEREAS, the Town of Vinton successfully applied and has been awarded a $300,000 Community-wide Assessment Grant from the EPA, has successfully completed the pre-contract terms of the grant award and has been offered a Cooperative Agreement with the EPA; and WHEREAS, the Town of Vinton desires to procure the services of a qualified environmental consulting firm to assist with the grant administration, conduct the environmental assessments, prepare conceptual site plans, establish marketing materials and assist with coordination of the steering committee; and WHEREAS, the Town of Vinton issued a Request for Proposal (RFP) and through a RFP Review Committee has successfully scored, ranked and has selected a qualified firm to provide the desired environmental consulting services. NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE TOWN OF VINTON, VIRGINIA, AS FOLLOWS: 1. The Contract for Environmental Consulting is hereby approved in a form substantially similar to the one presented to Council and approved by the Town Attorney. 2. The Town Manager is hereby authorized, for and behalf of the Town, to execute and then deliver the Contract for Environmental Consulting in furtherance of the same. 2 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 December 3, 2019 Department Administration Issue Economic Development Committee Summary The Economic Development Committee met on November 26, 2019 and the following items were discussed at the meeting: • Project Updates o Gish Mill o Vinyard Station Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date December 3, 2019 Department Public Works Issue Public Works Committee Summary The Public Works Committee met on November 26, 2019 and the following items were discussed at the meeting: • Right-of-Way Ordinance • Upcoming paving Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date December 3, 2019 Department Council Issue Appointments to Boards/Commissions/Committees 1. Roanoke Valley Resource Authority Summary The following appointment needs to be considered by Council: Roanoke Valley Resource Authority Joey Hiner’s term expires on the Roanoke Valley Resource Authority on December 31, 2019. He is interested in being re-appointed to another four-year term beginning January 1, 2020 and ending December 31, 2023. Attachments None Recommendations Motion to re-appoint Joey Hiner to the Roanoke Valley Resource Authority for a new four-year term beginning January 1, 2020 and ending December 31, 2023 Town Council Agenda Summary Meeting Date December 3, 2019 Department Council Issue 1. Request to Convene in Closed Meeting, Pursuant Section 2.2-3711 (A)(3) of the Code of Virginia, 1950, as amended, for the purpose or consideration of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Town, specifically relating to a sanitary sewer easement on the Methodist Church property. 2. Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 (A)(7) for consultation with legal counsel and briefings by staff members pertaining to actual litigation, where such consultation or briefing in open meeting would adversely affect the Town's negotiating or litigating posture. Summary None Attachments Certification of Closed Meeting Recommendations None Town Council Agenda Summary AT A CLOSED MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, DECEMBER 3, 2019 AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. CERTIFICATION THAT A CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Town Council of the Town of Vinton, Virginia has convened a closed meeting on this date, pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Vinton Town Council that such closed meeting was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council hereby certifies that to the best of each member's knowledge: 1. Only public business matters lawfully exempted from opening meeting requirements by Virginia law were discussed in the closed meeting to which this certification applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Town Council. Motion made by _____________________ and seconded by ____________________ with all in favor. ___________________________________ Clerk of Council