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HomeMy WebLinkAbout10/15/2019 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, October 15, 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 October 1, 2019 G. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS 1. Police Department Officer of the Quarter/1st Quarter Report – Chief Tom Foster H. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. I. PUBLIC HEARING 1. Consideration of public comments on a request to revise Water and Wastewater Fees and Charges Schedule pursuant to authority 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 94-74, Fees and charges for wastewater service. a. Open Public Hearing • Report from Staff – Anne Cantrell • Receive public comments • Council discussion and questions b. Close Public Hearing c. Action to be taken on November 5, 2019 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 J. TOWN ATTORNEY K. TOWN MANAGER 1. BRIEFINGS 2. ITEMS REQUIRING ACTION a. Consider adoption of a Resolution approving and adopting the Roanoke Valley-Alleghany Regional Hazard Mitigation Plan dated August 15, 2019 - Anita McMillan b. Consider adoption of a Resolution awarding an engineering services contract and authorizing the Town Manager to execute the contract with Mattern & Craig for the Walnut Avenue Bicycle and Pedestrian Accommodations Project – 5th Street to Town West Limits – Anita McMillan 3. COMMENTS/UPDATES L. REPORTS FROM COUNCIL COMMITTEES M. MAYOR N. COUNCIL O. CLOSED SESSION 1. Request to Convene in Closed Meeting, Pursuant to §2.2-3711(A)(5) for discussion concerning a prospective business interested in locating in the Vinton downtown area where no previous announcement has been made of the business' interest in locating its facilities in the community. 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. P. RECONVENE AND ADOPT CERTIFICATION OF CLOSED MEETING Q. ADJOURNMENT NEXT TOWN COUNCIL/COMMITTEE MEETINGS: October 21, 2019 – 2:00 p.m. – Finance Committee Meeting – TOV Conference Room November 5, 2019 – 7:00 p.m. – Council Meeting - Council Chambers NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. efforts will be made to provide assistance or special arrangements to qualified individuals with disabilities in order to participate in or attend Town Council meetings. Please call (540) 983-0607 at least 48 hours prior to the meeting date so that proper arrangements may be made. Meeting Date October 15, 2019 Department Town Clerk Issue Consider approval of minutes of the Regular Council meeting of October 1, 2019 Summary None Attachments October 1, 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, OCTOBER 1, 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 Jeremy Carroll, Town Attorney Pete Peters, Assistant Town Manager/Director of Economic Development Fabricio Drumond, Deputy Police Chief Anne Cantrell, Finance Director/Treasurer Anita McMillan, Planning & Zoning Director Joey Hiner, Public Works 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, Debbie Adams led the Pledge of Allegiance to the U.S. Flag. Under upcoming community events, Council Member McCarty announced the following: October 5 – 10:00 a.m.- 4:00 p.m. – Big Lick Ocktoberfest/Vinton Fall Festival – Downtown/Farmers’ Market; October 5 - 4-10 p.m. – Rocktoberfest – Twin Creeks Brewery; October 7 – 6:00 p.m. - Burgers and Boot Camp – Farmers’ Market; October 11 – Virginia Tech Hockey vs Louisville 7:30 p.m. – Lancerlot; October 12 – Virginia Tech Hockey vs Kentucky – 7:30 p.m. – Lancerlot; October 12 – 7-10:00 p.m. - Mingle at the Market with Five Dollar Shake - Farmers Market, 7-10 p.m. and October 13 – Virginia Tech Maryland – 7:30 p.m. - Lancerlot. Under requests to postpone, add to or change the order of agenda items, the Town Manager requested to add under Section J, Items Requiring Action, Item (b) to consider adoption repairs to Blue Ridge Parkway closures (between MP 106 – MP 112 and Roanoke Mountain Loop Road at 2 Vice Mayor Liles made a motion to approve the Consent Agenda as presented; the motion was seconded by Council Member Scheid and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – McCarty, Nays (0) – None. Approved minutes of Regular Council meeting of September 17, 2019 The next item on the agenda was a briefing on the proposed adoption of the Roanoke Valley-Alleghany Regional Hazard Mitigation Plan. Anita McMillan first commented the first Regional Plan was the Pre-Disaster Mitigation Plan which was adopted in 2013. The new Plan has to be prepared and adopted in order for each locality to receive any federal mitigation grant funds. The review pertinent parts of agenda package. The Committee completed the Plan in early May and submitted it to the Virginia Department of Emergency Management (VDEM) for their review and approval. After VDEM approved the Plan at the end of May, it was Management Agency) and the Resolution. Council Member Scheid asked if the Town was still in responded that the Town is currently Level 8. A recertification has to be done every year by August 1st and the one for this year has been approved. After five years, the Town would like to go to Level 7. Staff is trying to get Roanoke County to go to Level 7 because they are storm ready. We can receive extra credit because being storm ready. The City of Roanoke is Level 7 and the Town and the County are both at Level 8. The next item on the agenda was a briefing on the Pedestrian Accommodations Project – Town West/City of Roanoke Limits. Anita McMillan first commented that when the grant was Transportation Program) it was for a pedestrian bridge over Tinker Creek. grant and complete the Glade Creek Greenway Phase I, we felt that the pedestrian bridge was not needed and the funds would be Avenue by adding sidewalk and bike lane. 3 The Agreement with VDOT was signed last year and in April of this year the RFP (Request for Proposal) was advertised and six (6) proposals were received. The Town’s Selection Committee reviewed the proposals, interviewed four (4) firms and ranked them. Mattern & Craig was ranked the highest. Services was provided with the agenda package. The total cost of the project is $1,446,282.00 and will go from 5th Street to the Town’s West limits. The final Scope of Services and the Contract will be on the October 15th agenda for action by Council. adoption of an Ordinance to amend C Cats, Section 10-93, Beekeeping of the Town Code The Town Manager commented that briefed on the proposed Ordinance at their September 17th meeting by Nathan McClung Zoning Department School (WBMS) Beekeeping Club. The Club made an excellent presentation at their meeting. There was one question that came up regarding Section (b) (5) of the Ordinance and the language has been amended to “shall provide access” Ordinance that was a part of the agenda package. Vice Mayor Liles made a motion to a Ordinance as presented; the motion was seconded by Council Member Stovall and carried by th roll call vote, with all members voting: Vote 5-0; Yeas (5) – McCarty, Scheid, Stovall, Liles, Grose; Nays (0) – None. Adopted Ordinance No. 1006 to Cats, Section 10- the Town Code The next item on the agenda was the added item Resolution in support of immediate funding for repairs to Blue Ridge Parkway closures (between MP 106 – 120). The Town Manager commented that he and the Town Clerk have been working with Catherine Fox, Development) for the Virginia’s Blue Ridge (VBR) in developing the Resolution. The template for the Resolution has been sent to our surrounding localities and he has talked with each of the Managers/Administrators October, we are anticipating that they will each adopt meeting dates are Roanoke County-October 8, Town 4 Roanoke City-October 10, Salem City-October 14, Town of Rocky Mount-October 14, Franklin County- October 15, Botetourt County-October 22 and Bedford County-October 28 bodies have adopted the Resolution, we have asked that their Clerks forward a copy to Ms. Fox at the VBR and we will work with Ms. Fox in putting together packets to be sent to the Director of the National Park Service, Governor Northam, Congressmen Kline and legislators and any other individuals recommended by the other localities. In addition to the R advantage of. The Blue Ridge Parkway has also been very good to work with during this process. In response to a question from Council Member Stovall about the delay in the repair, the responded they have indicated it is closed indefinitely Administration inspected the section from Route 24 to Route 460 and found that some box culverts had failed Yesterday, September 30th, was the end of the federal fiscal year and today, October 1st is the beginning of it and they still say they do not have the funding. This will have a huge economic impact on this area with the Fall season and the number of people that it draws. Council Member Scheid commented that s supports the Resolution; however, since there is a lot more traffic coming through Vinton now, we need to do whatever we can to capitalize on it and take advantage of the situation that we have very little control over. 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) – None. Adopted Resolution No. 2321 in closures (between MP 106 – MP 112 and Roanoke Mountain Loop Road at MP 120) Under the Town Manager’s comments/updates, the Town Manager 4th at 12:30 p.m., the Vinton Planning Commission will ordinance and Council is invited to attend. Ms. McMillan commented that two VDOT personnel have been invited that handle subdivision ordinances for the 5 VDOT. Our current subdivision Ordinance is from 1996 and does not require developers to put in sidewalks along with the widths of the right-of-way to try and increase the walkability and slowing of traffic. briefing at the last meeting on the increase in the water and wastewater rates, Anne Cantrell developed an informational brochure. Ms. Cantrell provided Council with copies of the brochure for their information. The Hearing will be at the October 15th Council meeting Once the Ordinance is adopted, the brochure will be included with the utility bills. With regard to the Joint Economic Development Tour October 10th, the Town Manager commented that the original agenda has been revised. Pete Peters next commented that the tour will still be from 4:00-6:00 p.m., but will now start and end at the War Memorial and there will not be a dinner. comments and discussion regarding the aspects of the tour. With regard to the dinner, Mr. Peters commented that the meeting was originally scheduled to end dinner in order to have a wrap-up discussion. The Town Manager commented that the request to adjust the schedule came from Roanoke County. After additional comments and discussion, planned, but to contact the Roanoke County Board of scheduled in the near future. Comments from Council: Council Member Scheid commented on the ribbon cutting for the Hinchee Trail on Saturday and the annual Greenway picnic. The Trail, which is a connection to Carvins Cove is going to be invaluable to our Greenway system and our efforts to make Virginia’s Blue Ridge a huge ecotourism site. Council Member Stovall asked Joey Hiner about the yellow lines that have been painted down Mountain View Road and are they going to dig for gas again. Mr. Hiner responded he does not know, but that yellow is for gas. The Town Clerk reminded Council that the VML Conference begins on Sunday afternoon for those that 6 regarding the itinerary for the Conference and the Town Clerk commented she would send everyone information. the meeting; 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. The regular meeting was adjourned at 7:54 p.m. Regular Meeting adjourned The Mayor called the Work Session to order at 7:55 p.m. for further discussion Committees and planning for the Council Retreat. procedures for the Council Committees needed to be modified so everyone on Council knows what is being discussed and can have an opportunity to request that meetings would help in getting the information out to Council. Council Member Stovall commented that minutes can liaison. If an item is discussed in one of the Committee Town Clerk, for ex The line of communication needs to be better. Council Member Scheid commented on the Committee Folder in Dropbox where agendas and minutes of the meetings can be found. Finance Committee folders are relatively up-to-date; however, the Public Safety folder has not had anything added since 2017 and there was a meeting in 2018. With regard to the Economic Development Committee, Council Member Scheid different beast and is the Committee that causes the appointment with Mr. Peters to get an update because there is only so much you can put in minutes or say in this public session without endangering projects. Mr. with all five Council members every week. members of Council are asked about in the community and not having the informa appropriate response. The Town Attorney commented 7 up in public and discussed, then that would constitute public disclosure and you would not be able to go into closed session about it any longer. members of the governing body are invited to attend Town Clerk commented that all Committee meetings attend. Committee would handle comments from someone to Committee. The Town Attorney responded that to the extent you have a Committee that is an open meeting, anyone would be able to comment just like any other member of the committee. If the Committee goes into members of the Committee vote to go in and out of the C purpose and it is an advisory committee that will come back and make recommendations to you, then whether you have one or two members you still have to treat it like a body that has to go through FOIA. Council Member McCarty made comments regarding Council Member Scheid recommended rotating every two years by keeping one person on and rotating one person off so there is always some continuity. Council Member McCarty next commented that she would like would be a conflict of interest when a bid is sent out to different financial institutions and the one she works for is normally the Treasurer looks around and decides on because we do have a Council Member with a financial institution with our money we want to make it very clear that institution has the best interest rate. The Town conflict of interest because Council Member McCarty would not be the final decision maker on the rates or the services provided to the Town. The Town Manager next commented that we now post the Committee meeting agendas in Dropbox. We can start emailing them to Council when they are sent out 8 to be discussed, we can add it to the agenda for that meeting. considering running for Council need to know what is Council Committee meetings or other meetings. The Town Clerk commented that Council had adopted an Council Member Scheid commented that when talking to someone who is thinking about running, it is a good idea to let them know that there is a time commitment, not to steer them off, but to let them know it is more than two meetings a month. The next item was planning for the Council Retreat. The Mayor first commented that the date has been changed several times. properly discussion at the Retreat. Since the job of Council is to set policy and to provide oversight, he would like to Committees that was just discussed, before the Retreat. Another date does need to be set. Council Member Stovall commented that we need to update the five- vision the staff has moving forward. Council Member Scheid suggested that we discuss where we need to years. The Town Manager commented that we have not updated the capital improvement plan in a number of years and that staff has already started working on a five to seven-year plan to present to Council. Council Scheid next commented that ago the housing situation in Town was discussed at a Retreat and what we are doing now with the housing retreat is important for planning. She then asked for an update on w improvements that we approved, which can be done at one of our regular Council meetings. send their top three topics to the Town Manager and the Town Clerk. Friday, February 21, 2020 from 8:00 a.m. to 5:00 p.m. The Work Session was adjourned at 8:21 p.m. 9 APPROVED: ________________________________ Bradley E. Grose, Mayor ATTEST: ______________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date October 15, 2019 Department Police Issue Police Department Officer of the Quarter Award and Quarterly Report Summary Chief Foster will read his Memo and recognize the recipient of the Officer of the Quarter Award. The first quarter report for the Department will also be presented. Attachments First Quarter Report PowerPoint presentation Recommendations No action required Town Council Agenda Summary Accidents 111 Accident Fatality 0 Animal Control 216 Accident Personal Injury 20 911 Hang-up 104 Accident Property Damage 74 Abandoned Vehicle 11 Hit and Run Injury 0 Abduction 0 Hit and Run Proberty Damage 17 Annoying Communication 12 Animal Ordinance 36 Assault with Weapon 0 Attack Animal 0 Assist Police 54 Attack Person 6 Bank Robbery 0 Barking 14 Bomb Threat 0 Bear 1 Brandishing Firearm 1 Code Enforcement 54 Break in Business / Residence 15 Cruelty 24 Burglar Alarm Business/Residence 49 Dead Animal in road 1 Civic/Crime Prevention 16 Dog At Large 20 Civil Advice 207 Injury/Sick 10 Community Policing 185 Livestock 0 Death Investigation 0 Neglect 1 Deliver Message/Town Admin Requests 2 Snake 1 Disabled Vehicle 32 Stray 17 Discharge Firearm 14 Trap Calls 12 Discharge Fireworks 3 Wildlife 19 Disturbance / Disturbance with weapon 122 Mental Subject 4 Domestic Calls 58 Missing Person 6 Drug Overdose 5 Paper Pickup/Paper Service 152 Drug Possession 57 Parking Enforcement 0 Drunk Driver 20 Personal Assault 1 Drunk Subject 9 Personal Assault Child 2 ECO/TDO 16 Property Damage 19 Escort 41 Prowler 1 Fight/Fight with weapon 6 Unauthorized Use of Vehicle 3 Fire and EMS Calls 30 Radar 28 Follow Up 140 Reckless Driving 55 Fraud/Forgery 40 Recovered Property 28 Gambling 0 Road Blocked 10 Homicide 0 Robbery 4 Illegal Dumping 1 Runaway 2 Improper Parking 45 Screams for Help 3 Indecent Exposure 1 Security Checks 136 Juvenile Problems 44 Shoplifting 12 Keys Locked in Vehicle/Child Locked in vehicle 40 Stalking 0 Larceny from Vehicle 15 Stolen Vehicle 5 Larceny of Tags 1 Suicide Attempt/Threats 4 Larceny Other 38 Suspicious 353 Littering 0 Threats 11 Lookout 36 Traffic Stops 1046 Lost Firearm 0 Traffic Summons Issued 492 Loud Music/Loud Party/Noise Violations 28 Trespassing 19 Malicious Wounding 2 Well Being Check 135 Meth Lab 0 Work Traffic 38 Total CAD Incidents 3904 REPORTS WRITTEN Abandoned Vehicle 1 Juvenile 14 Abduction 0 Larceny 32 Accident Reports 38 Liquor Law Violations 0 Animal Control 6 Littering 0 Annoying Communication 0 Mental Subject 0 Assault 12 Missing person/Runaway 0 Burgulary 4 Obstruction Of Justice 1 Child Abuse/Neglect 2 Other Calls 7 Counterfeiting 0 Overdose 2 Crisis Intervention 15 Pursuit 2 Death Investigation 2 Pornography 0 DIP- Drunk In Public 13 Property Damage 13 Disturbance Calls 6 Recovered Property 15 Domestic Calls 36 Robbery/Attempted Robbery 3 Drug Cases 67 Search Warrant 0 Driving Under Susp/Rev 6 Sex Offense 0 DUI- Drunk Driver 25 Stolen/Recovered Vehicle 0 ECO/TDO 0 Suspicious 5 Embezzlement 0 Tampering With Vehicle 2 Forgery 3 Threats 2 Fraud 21 Traffic 3 Hit and Run 10 Trespassing 0 Indecent Exposure 0 Violate Protection Order 2 Information Report 8 Well being check 4 Total Reports Written 382 Quarter 1 Quarter 1 Ac c i d e n t R e p o r t s Ar r e s t DU I A r r e s t Dr u g C a s e Pa p e r s S e r v e d Su m m o n s I s s u e d Pa r k i n g T i c k e t s Foster 102 0 0 0 0 0 0 0 Cummings 150 0 0 0 0 0 0 0 Austin 157 0 0 0 0 0 0 0 Bailey 182 0 3 1 3 8 50 3 Hurt, S 186 0 0 0 0 0 4 0 Drumond 187 0 0 0 0 0 0 0 Lawless 190 2 13 0 1 14 20 0 Hill 193 0 0 0 0 1 0 0 Froeschl 196 2 2 0 0 2 17 1 Caldwell 199 0 4 1 0 10 11 6 Keith 203 2 6 0 1 7 91 2 Chapman 205 0 10 0 0 12 7 0 Bray 206 5 13 0 2 18 16 0 Shrewbury 207 3 30 15 10 43 152 0 Stafford 208 1 22 7 7 32 22 0 Hoover 209 2 14 0 2 15 12 0 DiCarlo 210 5 11 0 6 9 18 0 Oconnor 214 5 12 0 2 10 8 0 Mitchell 215 3 41 0 22 51 9 0 Brown 218 2 3 0 3 3 21 0 Alterio 219 1 4 0 4 11 6 0 Shively 220 1 14 0 4 15 21 1 TOTAL 34 202 24 67 261 485 13 1st Quarter Report Presented by: Chief Thomas L. Foster July –September 2019 2 Vinton Police Department Highlights from Quarter 1 Statistics 3 Vinton Police Department •Total Calls for CAD Incidents: 3904 •Total Reports Written: 344 •Traffic Stops: 1046 •Traffic Summons Issued: 492 •Traffic Accidents: 111 •Drug Cases: 67 Criminal Investigations Division Report 4 Vinton Police Department •Total Cases for July –September Quarter: 25 •Cleared with an arrest: 8 •Closed without an arrest: 17 •Credit Card Fraud •3 total cases with 1 cleared by arrest and 1 to be a direct indictment. •Obtaining Money by False Pretense •3 total cases with 2 currently pending and 1 inactive. •Larceny •4 total cases with 3 inactive and 1 active. •Robbery with a weapon •1 total case with an arrest made. •Child sex cases •2 total cases with 1 arrest made and 1 case pending. •Burglary •2 total cases that are pending. •Malicious Wounding •1 total case with the arrest of 2 suspects made. •Possession of Child Pornography •1 total case with 1 arrest made. *CID also followed up on numerous cases involving Scams and Domestic Violence. Animal Control Quarterly Report 5 Vinton Police Department Total CAD Incidents: 216 Code Enforcement Report 6 Vinton Police Department July •16 calls August •19 calls September •19 calls Total Calls: 54 All requests through Request Tracker for this quarter are now in compliance with the Town Code. Records Management Report Vinton Police Department Warrants Entered Into RMS VCIN Validations Summons Entered Weapons Permit Checks Merged Reports FOIA Requests Officer Subpoenas’ Processed Criminal Histories Checked July 142 24 123 7 250 15 51 33 Aug 113 31 149 10 177 24 109 23 Sept 168 12 179 5 200 30 63 25 Total 423 67 451 22 627 69 223 81 7 Events/Overtime •July •Charity Car Show for Rowan Price •DUI Checkpoints •DUI Individual Patrols •Mingle in the Market •CIT at LGH •Rosie’s Gaming Emporium Car Giveaway •3rd Annual Feeding America SWVA Food Truck Fest •August •National Night Out •Mingle in the Market •DUI Individual Patrols •Connor Block Party •DUI Individual Patrols •DUI Checkpoints •Boxley Paving •CIT at LGH Vinton Police Department8 •September •Steak Festival •DUI Checkpoints •DUI Individual Patrols •Fifth Quarter at Thrasher Memorial Church •Rosie’s Event •Mingle on the Market •The Special Olympics Law Enforcement Car Show •CIT at LGH Training •July •The Bulletproof Mind •Biased Policing •August •Limited Access Certification –VCIN •CPR & First Aid Training •September •Grants Management Workshop •CPR & First Aid Training •Honor Guard Training •Reid Technique of Interviewing & Interrogation Vinton Police Department9 1 Meeting Date October 15, 2019 Department Administration Issue Consideration of public comments on a request to revise Water and Wastewater Fees and Charges Schedule by an increase for FY2020 and an increase of 6.0 percent for FY2021, FY2022, and FY2023, pursuant to authority 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 94-74, Fees and charges for wastewater service. Summary In 2019, the town hired Davenport & Co. to complete a study evaluating our water and wastewater system. The study aimed to evaluate a five year plan for operations and capital investment, based on the performance from the previous study in 2013. The capital investment plan was developed through staff evaluation of priorities based on age, failure incidents, fire suppression supply, and economic development opportunities. Three critical needs for the system include: upgraded meters, an upgrade to a sewer pump station, and for a new well site to be brought online which would allow for an underperforming well site to be taken offline. The major projects funded as proposed are as follows: 1. Water Infrastructure - $4.5 Million 2. Sewer Infrastructure - $3.5 Million 3. Equipment Needs - $0.2 Million 4. Building/Services - $0.1 Million The town would fund a portion of these capital improvements through debt issuance and another portion of these improvements would be funded through cash available after operations. The current rate structure of the town allows for the first 3,000 gallons to be exempt for volumetric charge on bi-monthly bills. The town staff and consultants have proposed reducing the monthly service charge rate and increasing the volumetric charge to charge for all consumption used by the customer. Agenda Summary 2 Attachments Draft Ordinance Recommendations Conduct Public Hearing Action to be taken on November 5, 2019 1 ORDINANCE NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, NOVEMBER 5, 2019, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. AN ORDINANCE to adopt water and wastewater rates and charges for residential/ commercial/institutional/industrial users pursuant to authority 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 94-74, Fees and charges for wastewater service and establishing an effective date. WHEREAS, establishing rates and charges for service is the responsibility of Town Council; and WHEREAS, the Utility Fund is an enterprise fund and expected to generate revenues to cover all associated costs of providing public water and wastewater services; and WHEREAS, the Town proposes capital equipment purchases and other capital improvements for the Town; and WHEREAS, the Town Council supports the principle that utility fund costs should be shared in a fair and equitable manner amongst all customer classes; and WHEREAS, a public hearing was advertised and held on October 15, 2019, and all public comments have been considered by Council; and WHEREAS, the recommended, water and wastewater rate increases for residential, commercial, institutional, and industrial customers will result in fair and equitable water and wastewater rates and charges amongst customer classes. NOW, THEREFORE, BE IT ORDAINED by the Vinton Town Council that the increased residential/commercial/institutional/industrial water and wastewater rates and charges shown on the attached Rates & Charges Schedule for Water and Wastewater Service to become effective with the January 2020 billing for any water and wastewater billed on or after those dates and effective with the July 2020 billing, all bi-monthly customers will move to monthly billing. Said Schedules are hereby incorporated by reference, enacted, approved and established. 2 This Ordinance adopted on motion made by ______________________, seconded by ______________, with the following votes recorded: AYES: NAYS: APPROVED: ____________________________________ Bradley E. Grose, Mayor ATTEST: _____________________________________ Susan N. Johnson, CMC, Town Clerk Current Proposed Proposed Proposed Proposed FY 2020 (July - Dec)FY2020 (Jan-June)FY2021 FY2022 FY2023 Minimum Charge for Residential Service First 1,500 Gallons or Less Thru 5/8" Meter 10.27$ 5.50$ 5.94$ 6.42$ 6.93$ Residential Volumetric Consumption Rate First 1,500 Gallons or Less (Per 1,000 Gallons)-$ 4.02$ 4.26$ 4.51$ 4.78$ Next 15,000 Gallons or Less (Per 1,000 Gallons)3.79$ 4.02$ 4.26$ 4.51$ 4.78$ All Over 16,500 Gallons (Per 1,000 Gallons)4.75$ 5.04$ 5.34$ 5.66$ 6.00$ Current Proposed Proposed Proposed Proposed FY 2020 (July - Dec)FY2020 (Jan-June)FY2021 FY2022 FY2023 Minimum Charge for Commercial/Institutional/Industrial Service First 1,500 Gallons or Less Thru 5/8" Meter 10.27$ 5.50$ 5.94$ 6.42$ 6.93$ First 1,500 Gallons or Less Thru 3/4" Meter 11.21$ 6.00$ 6.48$ 7.00$ 7.56$ First 1,500 Gallons or Less Thru 1" Meter 11.97$ 6.41$ 6.92$ 7.48$ 8.07$ First 1,500 Gallons or Less Thru 1-1/4" Meter 12.45$ 6.66$ 7.19$ 7.77$ 8.39$ First 1,500 Gallons or Less Thru 1-1/2" Meter 13.46$ 7.20$ 7.78$ 8.40$ 9.07$ First 1,500 Gallons or Less Thru 2" Meter 17.22$ 9.22$ 9.96$ 10.75$ 11.61$ First 1,500 Gallons or Less Thru 3" Meter 23.01$ 12.32$ 13.31$ 14.37$ 15.52$ First 1,500 Gallons or Less Thru 4" Meter 30.22$ 16.18$ 17.47$ 18.87$ 20.38$ First 1,500 Gallons or Less Thru 6" Meter 37.79$ 20.23$ 21.85$ 23.60$ 25.48$ First 1,500 Gallons or Less Thru 8" Meter 42.29$ 22.64$ 24.45$ 26.41$ 28.52$ Commercial Volumetric Consumption Rate First 1,500 Gallons or Less (Per 1,000 Gallons)-$ 5.13$ 5.44$ 5.76$ 6.11$ All Over 1,500 Gallons (Per 1,000 Gallons)4.84$ 5.13$ 5.44$ 5.76$ 6.11$ Projected Monthly Residential Water Rates & Charges Projected Monthly Commercial Water Rates & Charges Current Proposed Proposed Proposed Proposed FY 2020 (July - Dec)FY2020 (Jan-June)FY2021 FY2022 FY2023 Minimum Charge for Residential Service - Metered First 1,500 Gallons or Less 15.07$ 9.50$ 10.26$ 11.08$ 11.97$ Residential Volumetric Disposal Rate First 1,500 Gallons or Less (Per 1,000 Gallons)-$ 4.69$ 4.97$ 5.26$ 5.58$ All Over 1,500 Gallons (Per 1,000 Gallons)4.42$ 4.69$ 4.97$ 5.26$ 5.58$ Residential Unmetered Service 31.41$ 33.29$ 35.29$ 37.41$ 39.65$ Current Proposed Proposed Proposed Proposed FY 2020 (July - Dec)FY2020 (Jan-June)FY2021 FY2022 FY2023 Minimum Charge for Commercial Service - Metered First 1,500 Gallons or Less 15.07$ 9.50$ 10.26$ 11.08$ 11.97$ Commercial Volumetric Disposal Rate First 1,500 Gallons or Less (Per 1,000 Gallons)-$ 4.69$ 4.97$ 5.26$ 5.58$ Projected Monthly Residential Wastewater Rates & Charges Projected Monthly Commercial Wastewater Rates & Charges Meeting Date October 15, 2019 Department Planning and Zoning Issue Consider adoption of a Resolution approving and adopting the Roanoke Valley-Alleghany Regional Hazard Mitigation Plan, dated August 15, 2019. Summary During the Town Council’s work session held on October 1, 2019, members were briefed on the Regional Hazard Mitigation Plan which was produced by representatives from the counties of Alleghany, Botetourt, Craig and Roanoke; the cities of Covington, Roanoke and Salem; and the towns of Buchanan, Clifton Forge, Fincastle, Iron Gate, New Castle, Troutville and Vinton. Under the Disaster Mitigation Act of 2000, as amended, local governments are required to develop and adopt natural hazard mitigation plans in order to receive certain federal assistance. The Federal Emergency Management Agency (FEMA) defines Mitigation as any sustained action taken to reduce or eliminate long- term risk to life and property from a hazard event. Mitigation, also known as prevention, encourages long- term reduction of hazard vulnerability. The goal of mitigation is to save lives and reduce property damage. The complete copy of the Plan can be downloaded and/or viewed on RVARC website at http://rvarc.org/wp- content/uploads/2019/08/RVAR_Hazard_Mitigation_Plan_2019.pdf Attachment Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, OCTOBER 15, 2019, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. ROANOKE VALLEY-ALLEGHANY REGIONAL HAZARD MITIGATION PLAN WHEREAS, the Disaster Mitigation Act of 2000, as amended, requires that local governments develop and adopt natural hazard mitigation plans in order to receive certain federal assistance; and WHEREAS, a Hazard Mitigation Plan Committee comprised of representatives from the counties of Alleghany, Botetourt, Craig and Roanoke; the cities of Covington, Roanoke and Salem; and the towns of Buchanan, Clifton Forge, Fincastle, Iron Gate, New Castle, Troutville and Vinton was convened in order to study the Roanoke Valley-Alleghany Region’s risks from, and vulnerabilities to, natural hazards, and to make recommendations on mitigating the effects of such hazards on the Roanoke Valley-Alleghany Region; and WHEREAS, the efforts of the Hazard Mitigation Plan Committee members and the Roanoke Valley-Alleghany Regional Commission, in consultation with members of the public, private and non-profit sectors, have resulted in the development of the 2019 Roanoke Valley – Alleghany Regional Hazard Mitigation Plan, which includes the Town of Vinton; and WHEREAS, on October 1, 2019, members of the Vinton Town Council were briefed on the Roanoke Valley-Alleghany Regional Hazard Mitigation Plan. NOW THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE TOWN OF VINTON, VIRGINIA, that the 2019 Roanoke Valley-Alleghany Regional Hazard Mitigation Plan dated August 15, 2019 is hereby approved and adopted. This Resolution adopted on motion made by Council Member _____________ and seconded by Council Member ________________, with the following votes recorded: AYES: NAYS: APPROVED: ___________________________________ Bradley E. Grose, Mayor ATTEST: ______________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date October 15, 2019 Department Planning and Zoning Issue Consider adoption of a Resolution awarding an engineering services contract and authorizing the Town Manager to execute the contract with Mattern & Craig for the Walnut Avenue Bicycle and Pedestrian Accommodations Project – 5th Street to Town West Limits Summary The Town Council was briefed on October 1, 2019, regarding the Notice to Award to Mattern & Craig for the engineering services for Walnut Avenue Bicycle and Pedestrian Accommodations Project. The estimated total Project cost is $1,446,282.00, which is funded through the Roanoke Valley Transportation Policy Organization’s (RVTPO) Regional Surface Transportation Program (RSTP)/Set-Aside Transportation Block Grant (STBG) Program. The Project will be governed and administered under the Locally Administered Projects (LAP) Manual. A Request for Proposals to provide engineering services was issued on March 20, 2019, with a due date of April 25, 2019. The Town received six (6) Request for Proposals (RFPs). A Notice of Intent to Award was issued to Mattern & Craig on June 14, 2019. A pre-scoping meeting with Mattern & Craig, VDOT and Town personnel was held on July 2, 2019, and a kick-off meeting was held on July 16, 2019. Attachments 1. Mattern & Craig Proposed Scope of Service, Schedule, and Fees 2. Professional Engineering Services Contract 3. Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary ATTACHMENT A - SCOPE OF SERVICES PROFESSIONAL DESIGN SERVICES CONTRACT WALNUT AVENUE BICYCLE AND PEDESTRIAN ACCOMMODATIONS (UPC 111649) TOWN OF VINTON, VIRGINIA CONTRACT NUMBER: TOV-2019-001PZ WA5THTWL Page 1 of 12 BACKGROUND/PROJECT UNDERSTANDING The primary objective of the Project is to provide pedestrian and bicycle accommodations/routes (multi- modal paths) along Walnut Avenue from just west of the Walnut Avenue/Glade Creek Bridge to the western Town limits. The Project distance is +/- 0.3 miles. The route may consist of on-street bicycle paths and standard sidewalks along the back of curb, or another form of shared paths. The route may also be located only primarily along one side of the existing road and may involve formal crossings. The Project is being funded through VDOT and FHWA (RSTP/STBG Funds) and must adhere to VDOT’s requirements and the federal rules and regulations tied to the funding agreement (Standard Project Administration Agreement). The requirements of project development and administration are outlined in the Agreement and VDOT’s Locally Administered Projects (LAP) Manual. It is understood the project is a Tier 1 Project as defined by the LAP Manual. The Dis-advantaged Business Enterprise (DBE) participation requirement in the Professional Services Contract is 12-percent. Critical to the project success is ensuring the project progresses in a timely manner to ensure continued funding. Critical milestones related to progress include: execution of project administration agreement (completed); kick-off meeting with VDOT District Coordinator (completed); project scoping report & estimate of construction cost; VDOT Review submissions (50% and 90% plan and construction cost estimate review); Right-of-way acquisition, Authorization to Advertise; and, beginning of construction. Community outreach/presentations are a critical component of the Project as well. It is understood that a majority of the project can be constructed within existing public right-of-way or on property currently owned by the Town of Vinton (Parcel ID 060.15-02-01.00-0000). Depending on the final configuration and alignment, other portions of the project will likely involve right-of-way acquisition and temporary construction easements from adjoining property owners along Walnut Avenue. These property owners include: Viking Fence Company, Inc. (Parcel ID 060.15-02-01.01-0000 and 060.14-02-19.00-0000), NILAM Corporation (Parcel ID 060.14-02-17.00-0000), CARGILL, Incorporated (Parcel ID 060.14-02-16.00-0000), and potentially portions of Norfolk Southern right-of- way. A key design component to this portion of the work is resolution of commercial entrance configurations and re-location of the direct off-street parking along the frontage of the Viking Fence building. It is understood that the project was initiated without a Right-of-way Phase, but the Project structure will be amended by VDOT to include a Right-of-way/Utility Plan Phase. The scope of services includes preparation of a specified number of right-of-way and temporary construction easement plats. The Professional Services work (Engineering) of the project will generally include: boundary, topographic, and design surveys; environmental services - wetlands/jurisdictional waters delineation, Hazardous Materials Due Diligence Certification, and Water Quality Permits and Natural Resource Due Diligence Certification; development of preliminary route alignments and typical sections; development of concepts for revised entrance and relocation of the direct off-street parking configurations, and working with the Town to acquire approval from affected property owners; development of Right-of- way/Utility Relocation Plans; development of final construction documents (plans and specifications and contract documents); development of construction cost estimates; submissions to VDOT at prescribed ATTACHMENT A - SCOPE OF SERVICES PROFESSIONAL DESIGN SERVICES CONTRACT WALNUT AVENUE BICYCLE AND PEDESTRIAN ACCOMMODATIONS (UPC 111649) TOWN OF VINTON, VIRGINIA CONTRACT NUMBER: TOV-2019-001PZ WA5THTWL Page 2 of 12 intervals; and, submission to Town and Roanoke County for Development Plan Review for construction permit documents. SCOPE OF SERVICES 1. Surveying: 1.1. General: Surveying services will be performed by H&B Surveying and Mapping, LLC (a certified DBE) under a sub-consulting agreement. 1.2. Property Research/Owner Notification: Survey notification letters should be prepared and mailed to cover the approximately 16 parcels of property located within the survey limits. The names and addresses (mailing address and property address) of all property owners located within the survey limits will be provided to the Town for checking and coordination. The Town will coordinate and send owner notification letters or provide direct correspondence for this project. Survey field work will begin once proper clearance has been received from landowners. Field personnel will carry copies of the documentation with them in the field during survey activities. 1.3. Deed and Right-of-way Compilation: Compile the parcels and rights-of-way for the properties within the project limits. This compilation will be used to recover property corners in the field and aid in preparing the final base plan. The existing right-of-way will be established within the project limits. Property lines and owners will be shown on all properties (16 Parcels) located within the survey limits. The following field and office tasks will be performed: 1.3.1. Field reconnaissance and recovery of property and right-of-way monument. 1.3.2. Acquisition of field ties for monuments or evidence of occupation. 1.3.3. Current property owner verification using the deed and plat information. 1.3.4. Recorded plat, deed, easement (through chain of title only) and plan research. 1.3.5. Best-fit analysis of compiled property boundary and right-of-way information based on found monuments. 1.4. GPS Survey Control/ Project Datum: Utilizing RTK Instruments connected to Smartnet Reference Station Network we will establish four (4) main survey control points for this project based NGS OPUS Solutions. The horizontal project datum will be Virginia State Plane South Zone NAD83 in US Survey Feet and the vertical datum will be NAVD 88. 1.5. Horizontal & Vertical Control Traverse: We will establish horizontal control points at approximately 200 - 300 foot intervals throughout the project utilizing conventional through adjusted traverse. Control points will be T-Bars, PK nails, or other material most appropriate for resisting removal or destruction. ATTACHMENT A - SCOPE OF SERVICES PROFESSIONAL DESIGN SERVICES CONTRACT WALNUT AVENUE BICYCLE AND PEDESTRIAN ACCOMMODATIONS (UPC 111649) TOWN OF VINTON, VIRGINIA CONTRACT NUMBER: TOV-2019-001PZ WA5THTWL Page 3 of 12 1.6. Layout & Location for Fixed Wing Aerial Panels: layout, set, and locate Fixed Wing Aerial Targets / PIDs. 1.7. Topography (Obscured Areas): we will utilize aerial mapping to acquire and develop the base mapping for this project, and we will conventionally locate/survey specific natural and manmade surface features, break lines and spot elevation for the aerial obscured areas as to develop the appropriate final survey delivery. This survey will consist of all visible physical features, which will include but is not limited to – storm and sanitary sewer as-built to include inverts, sign post, curb and gutter, edges of pavement, driveways, visible and recovered property monumentation such as iron rods, pipes, and concrete monuments, railroad rails, trees, shrubs, woods lines, sidewalk, existing building structures, fences, and retaining walls. 1.8. Topography (DTM Surface): merge the aerial data and conventional field run data to create a DTM surface and contour data showing 1’ interval contours. Gravel areas will be shown via Aerial Methods of which is scoped to a vertical accuracy of 0.15’+/-. The edge of pavement along the main corridor will be conventionally surveyed as a part of this project and will be of survey grade accuracy. 1.9. Annotation of Aerial Mapping: field annotate the aerial topography features located in the aerial mapping and conventionally locate any missing features. 1.10. Sub-surface & Above Ground Utility Data: utility locations will be performed by Miss Utility. Locate/survey and annotate all markings used to designate underground utilities. 1.11. Storm & Sanitary Sewer: locate storm and sanitary sewer structures to one structure outside the project area, or to point of outfall into Glade/Tinker Creek. This information will be shown in tabular format in the survey base plan. Rim and invert elevations of existing drainage structures will be obtained and existing pipe type, size, length, and direction of flow will be noted. 1.12. Survey will be prepared in AutoCAD file format with an XML file for the surface. 2. Environmental Services: 2.1. General: Environmental services will be performed by ECS Mid-Atlantic, LLC under a sub- consulting agreement. 2.2. Form EQ-429 Completion - This task will include: 2.2.1. Completion of Form EQ-429 (VDOT Project Early Notification) 2.2.2. Developing project location details/maps ATTACHMENT A - SCOPE OF SERVICES PROFESSIONAL DESIGN SERVICES CONTRACT WALNUT AVENUE BICYCLE AND PEDESTRIAN ACCOMMODATIONS (UPC 111649) TOWN OF VINTON, VIRGINIA CONTRACT NUMBER: TOV-2019-001PZ WA5THTWL Page 4 of 12 2.2.3. Developing project description 2.2.4. Developing a narrative description of existing conditions 2.2.5. Preparing applicable maps 2.3. Form EQ-121 Completion - This task will include: 2.3.1. Completion of Form EQ-121 (VDOT Hazardous Materials Due Diligence Certification for Locally- Administered Projects) 2.3.2. Certification by the Town of Vinton of an appropriate level of inquiry made to identify potential hazardous substances or petroleum products within the project right-of-way will be required (See Task 2.4) 2.3.3. Prepare table summarizing results per parcel within the project area 2.3.4. Town of Vinton will sign the certification statement 2.3.5. Assumptions include: Additional hazardous material studies or soil/groundwater investigations will not be needed, FOIA fees, if applicable, will be covered or waived by the Town of Vinton. 2.4. Form EQ-555 Completion - This task will include: 2.4.1. Completion of Form EQ-555 (VDOT Water Quality Permits and Natural Resource Due Diligence Certification for Locally-Administered Projects) 2.4.2. Summary of compensatory mitigation, if required 2.4.3. Summary of threatened and endangered species (see Task 2.5) 2.4.4. Erosion & Sediment Control Plan information 2.4.5. Inspection details 2.4.6. Certification by the Town of Vinton 2.4.7. Town of Vinton will sign the certification statement 2.4.8. Assumes no stream or wetland impacts will occur 2.5. Phase I Environmental Site Assessment – This Task will include: 2.5.1. The Phase I Environmental Site Assessment will be prepared in general accordance with ASTM Standard E1527-13, Standard Practice for Phase I Environmental Site Assessments: Phase I Environmental Site Assessment Process. The Report will be completed for the five parcels anticipated to be impacted by the project and one report will be provided for all five parcels. This assumes parcels 060.15-02-01.00-0000 (Town of Vinton), 060.15-02-01.01-0000 (Viking Fence Co Inc), 060.14-02-17.00-0000 (Nilam Corporation), 060.14-02-19.00-0000 (Viking Fence Co Inc), and 060.14-02-16.00-0000 (Cargill Incorporated). 2.5.2. User Questionnaire - the Town of Vinton (user of the report) will complete and provide to Environmental Consultant a standard questionnaire that may be material to identifying recognized environmental conditions with respect to the site. The questionnaire will be included in the Phase I ESA Report and will assist in satisfying the “User’s Responsibilities” portion of the ASTM Standard. ATTACHMENT A - SCOPE OF SERVICES PROFESSIONAL DESIGN SERVICES CONTRACT WALNUT AVENUE BICYCLE AND PEDESTRIAN ACCOMMODATIONS (UPC 111649) TOWN OF VINTON, VIRGINIA CONTRACT NUMBER: TOV-2019-001PZ WA5THTWL Page 5 of 12 2.5.3. ASTM standard requires a search for the existence of environmental liens and activity and use limitations (AULs) to be conducted in order to satisfy “All Appropriate Inquiry” in accordance with 40 CFR Part 312. Scope of work assumes this information is readily available and that a third party provider to conduct this search will not be required. 2.6. Review Agency Coordination: 2.6.1. Conduct a review of the U.S. Fish and Wildlife Service online IPAC database to search for rare, threatened, and endangered species potentially located on or near the project site. It is understood the USFWS is not to be contacted directly without first speaking to VDOT Environmental personnel. A project review request can be submitted to USFWS with VDOT permission. 2.6.2. Review the Virginia Department of Game and Inland Fisheries (VADGIF) database information to evaluate the potential for state-listed species within a two mile radius of the project area 2.6.3. Consult with the Virginia Department of Environmental Quality (DEQ) Waste and Water Divisions to evaluate potential environmental concerns the project may pose to that agency 2.6.4. Review site data obtained from the Virginia Department of Conservation and Recreation (DCR) to identify potential Natural Heritage Areas 2.6.5. Conduct a review of the Virginia Department of Historic Resources (DHR) Cultural Resource Information System to obtain information of known cultural resources within the project area 2.6.6. Prepare a summary package of the above findings for initial VDOT review. Following VDOT review and approval, the project review package can be finalized in order to help secure a “capstone” letter 2.6.7. Scope assumes VDOT/Town of Vinton will provide necessary cover letter requirements and/or agency contact persons for the review request submittals. 2.7. Draft Programmatic Categorical Exclusion (NEPA/PCE) Completion - task will include: 2.7.1. Completion of a draft Programmatic Categorical Exclusion (PCE) Form, to include: Project information, a discussion of unusual circumstances, and an Assessment of potential environmental impacts 2.7.2. Scope assumes assistance from the Town of Vinton will be available for specific technical details, if necessary. 2.7.3. Scope assumes no environmental impacts are anticipated and that no additional studies will be required. 3. Preliminary Design: 3.1. General: 3.1.1. Attend Project Kick-off Meeting with representatives from Town and VDOT to fully discuss implementation of project efforts and exchange information. ATTACHMENT A - SCOPE OF SERVICES PROFESSIONAL DESIGN SERVICES CONTRACT WALNUT AVENUE BICYCLE AND PEDESTRIAN ACCOMMODATIONS (UPC 111649) TOWN OF VINTON, VIRGINIA CONTRACT NUMBER: TOV-2019-001PZ WA5THTWL Page 6 of 12 3.1.2. Perform Site Resource Inventory - visit the site, photograph site, and document existing conditions. 3.1.3. Compile base mapping and aerial photography of the project area that may be used for initial planning, exhibits, and schematic plan development. Aerial photography shall be the latest version of the VGIN Mapping provided by Town/County. 3.1.4. Review prior studies and exhibits developed for the project, including and exhibits and narratives used in the funding application. Identify key components and concepts that will be incorporated into the work of the project. 3.1.5. Develop and maintain a detailed project schedule and submit bi-weekly reports to the Town on the project progress and general compliance with schedule. Project schedule for subsequent Phases and Final Design will be finalized upon completion of Supplemental Study/Schematic Design Phase. 3.2. Concept Plan Development: Using available project background data and information from existing records (prior to final survey), develop a minimum of two (2) concepts showing the proposed project improvements. These concepts will be similar to those developed by engineer and presented to Town during the interview/selection process, and will focus on a “southern alignment” along the frontages of Viking Fence and NILAM Corporation with crossings near the Walnut Street bridge (eastern end) and possibly on the western end (near Town limits) to align with existing informal walkway under the Norfolk Southern trestle leading in to the City of Roanoke. In addition, we will: develop plans, sections, and renderings showing the proposed arrangements at the existing commercial entrances in to the Viking Fence and NILAM Corporation properties, and the proposed arrangements to address and/or relocate direct off- street parking in front of the Viking Fence property. 3.3. Scoping Report & Cost Estimate: Using concepts developed above, prepare a Letter Report summarizing the findings of the Concept Study along with an estimate of construction cost. This Report and Estimate will be submitted to VDOT to satisfy the “Project Scoping” requirements. 3.4. Present concepts to Town staff for review and discussion. Incorporate agreed-upon items into the plan and re-submit to Town for approval. 3.5. Prepare a Concept Design Report summarizing the findings and recommendations of the Preliminary Design Phase. The report shall include: a summary of the overall design objectives; an analysis and approach to meeting the objectives; sketches, plans and drawings depicting the proposed improvements; any known environmental issues that may affect design and permitting; the Engineer’s estimate of construction cost. The Report shall include plans, drawings, and other typical sections and details that will generally be 30-percent complete design drawings. Illustrations may include: sections, elevations, diagrams, plans, and enlarged sketches or models. Submit Report to Town and VDOT and meet to discuss findings and recommendations, and ATTACHMENT A - SCOPE OF SERVICES PROFESSIONAL DESIGN SERVICES CONTRACT WALNUT AVENUE BICYCLE AND PEDESTRIAN ACCOMMODATIONS (UPC 111649) TOWN OF VINTON, VIRGINIA CONTRACT NUMBER: TOV-2019-001PZ WA5THTWL Page 7 of 12 address questions comments developed by Town and submit final Report. Refine/Update Report and 30-percent Plans and, if needed, resubmit for Review. 3.6. Incorporate survey and environmental findings into concept design drawings in order to develop concept design base drawings/plans. Prepare site specific Illustrations (sections, elevations, diagrams, plans, and enlarged sketches or models) of the area along the frontage of Viking Fence suitable for presentation to property owner in order to assist in “envisioning” of re-use of the direct off-street parking. 3.7. Design Workshop I - meet with Town’s Advisory Committee and affected property owners to review the proposed improvements. 4. Right-of-way/Utility Plan Development (50-percent Plans): 4.1. General: The Design Development Phase will address the general project objectives and proposed improvements in project areas as outlined in the Schematic Design Report. 4.2. Upon approval of the Schematic Design, prepare design drawings and plan sheets that depict all required improvements within the project areas. Plan set will generally include: a title sheet with location/vicinity map; general notes; plan sheets showing the proposed improvements within the project area; enlarged plan areas and sections showing details of the proposed multi-modal trail/walkway (bike and pedestrian accommodations) and other related features; enlarged plans showing details of the entrance conditions and direct off-street parking and other hardscape improvement; site specific and typical sections; and details. 4.3. Coordinate a utility field inspection to delineate any utility conflicts and required adjustments and perform a site visit with all affected utilities to discuss the required improvements, project schedule, and cost determinations. 4.4. Electrical Coordination – It is assumed that the existing power service to adjoining buildings may be impacted through required pole relocation. We will coordinate with AEP to arrange for the relocation of poles and service connections. Design to be performed by AEP and shown on Engineer’s plans for reference only. 4.5. Develop the Engineer's Opinion of Probable Costs with proposed items and quantities. Establish unit prices based on current VDOT bid tabulations and similar projects. Cost to be updated at each submittal (e.g. 50%, 90%, and final) and milestone event. 4.6. Approvals and Permits: We will provide a list of required permits and approvals necessary for the design elements included in the plans along with fees (if) required for the permits. ATTACHMENT A - SCOPE OF SERVICES PROFESSIONAL DESIGN SERVICES CONTRACT WALNUT AVENUE BICYCLE AND PEDESTRIAN ACCOMMODATIONS (UPC 111649) TOWN OF VINTON, VIRGINIA CONTRACT NUMBER: TOV-2019-001PZ WA5THTWL Page 8 of 12 4.7. We will coordinate with approving agencies (Town of Vinton, Roanoke County, WVWA, and VDOT) to determine submittal requirements and approval process. 4.8. Compile all environmental (NEPA) documentation (see Task 2) and send to VDOT for review. Coordinate with VDOT and answer questions as necessary to obtain the determination of either a categorical exclusion (CE) or a programmatic categorical exclusion (PCE). The appropriate forms (either EQ-102 or EQ-104) will then be prepared and submitted to VDOT to obtain the CE or PCE. Scope assumes the work of the project will qualify for a categorical exclusion (CE) or a programmatic categorical exclusion (PCE). 4.9. Prepare outline of Technical Specifications, Contract Documents, and all VDOT & Federal provisions as required. This shall include all VDOT and Federal Department of Labor Forms for Federally Funded Projects. 4.10. Perform in-house quality control/quality assurance review by a Professional Engineer (PE) other than the Project Engineer that will ultimately sign & seal the plans. Internal quality control revisions will be performed as a result of this review. 4.11. Design Workshop II - meet with Town’s Advisory Committee and affected property owners to review the proposed improvements. 4.12. Right-of-way/Utility Submission (50-percent) plans for Review. See section 8. 4.13. Right-of-way & Easement Acquisition: It is understood that fee-simple right-of-way will be required from three (3) properties/parcels. Upon completion of the R/W Plans, we will assist the Town in the process of securing the purchase agreements for the needed right-of-way. This will include preparing the plats and easement exhibits as noted in Section 6. It is also understood that the Town will request a waiver of an appraisal to estimate the fair market value of the required right-of-way, and will instead prepare a waiver valuation – known as a Basic Administrative Report (“BAR”). VDOT (and FHWA) approval is required for use of the BAR for acquisitions over $10,000 but less than $25,000. We will assist Town with the preparation of the BAR for up to three (3) parcels and submission of BAR to VDOT and FHWA. This work will be performed with assistance of 3B Consulting Services, LLC (a DBE) under a sub-contract with Engineer. 5.Final Design / Construction Document Phase (90% to Final Plans and Submission): 5.1. Upon completion of the review and approval of the Right-of-way/Utilities (50% Design) Plans, address Plan and Development Review Comments received from the Town, County, VDOT and other agencies. ATTACHMENT A - SCOPE OF SERVICES PROFESSIONAL DESIGN SERVICES CONTRACT WALNUT AVENUE BICYCLE AND PEDESTRIAN ACCOMMODATIONS (UPC 111649) TOWN OF VINTON, VIRGINIA CONTRACT NUMBER: TOV-2019-001PZ WA5THTWL Page 9 of 12 5.2. Further develop and finalize 90-percent plans. Additional detail will include: 5.2.1. Develop detailed utility plans for relocation of water and sanitary sewer 5.2.2. Final coordination of out-of-plan relocations for electrical, gas, telephone, and other public utilities. 5.2.3. Develop detailed grading (contour) plans and cross sections of the proposed improvements. 5.2.4. Develop detailed drainage and grading plans that will depict the collection, conveyance, and discharge of surface stormwater run-off from the project area. It is assumed the area of disturbance will be less than 1 acre. It is also assumed the project will discharge into an adequate channel either by piping or open channel flow to either Tinker Creek or Glade Creek. 5.2.5. Develop detailed Erosion & Sediment Control (ESC) plans suitable for submission to Roanoke County for plan approval and land disturbance permit issuance. 5.3. Prepare a Transportation Management Plan/Maintenance of Traffic Plan for the work of the project. Plan shall generally conform to applicable requirements contained in VDOT’s IIM-LD- 241. 5.4. Prepare Development Review Plan Package, required checklist, and applications and submit for review by the Town and the Roanoke County. 5.5. Perform in-house quality control/quality assurance review by a professional engineer (PE) other than the PE that will sign & seal the plans. Internal revisions will be performed as a result of this review. 5.6. Finalize all technical specifications, special provisions, and other Contract Documents as required. This will include all VDOT and Federal Department of Labor Forms for Federally Funded Projects. 5.7. Address any remaining comments developed during the 90% review. 5.8. Request/Obtain Authorization to Advertise including the required ROW certification and request authorization to advertise from VDOT. 5.9. Submit 90-percent and Final plans for Review. 6. Plats / Easement Exhibits: 6.1. Prepare up to three (3) right-of-way dedication plats. Include submission to Town and Roanoke County for review and approval. ATTACHMENT A - SCOPE OF SERVICES PROFESSIONAL DESIGN SERVICES CONTRACT WALNUT AVENUE BICYCLE AND PEDESTRIAN ACCOMMODATIONS (UPC 111649) TOWN OF VINTON, VIRGINIA CONTRACT NUMBER: TOV-2019-001PZ WA5THTWL Page 10 of 12 7. Bidding & Negotiating Phase: 7.1. Attend the pre-bid conference to assist in answering any questions or concerns pertaining to the project. We will prepare the meeting minutes for the Town’s use. 7.2. Through the bidding process, assist the Town with answering contractor's questions, inquiries, and requests for information. 7.3. Attend Bid Opening. 7.4. Attend pre-award meeting with VDOT, Town, and successful Contractor. 7.5. It is assumed the Town will distribute plans to prospective bidders and manage the bidding process. 8. Submissions: 8.1. Based on the project understanding and the scope of services outlined herein, the submissions listed below will be performed. 8.1.1. Project Scoping – Report & estimate of construction cost 8.1.2. Right-of-way/Utilities (50-percent): Submit plans and estimate of construction cost for County, Town and VDOT review. Plans will be suitable for procurement of needed right-of-way and easement. 8.1.3. Right-of-way/Easement Plats: Provide three (3) original plat or easement exhibits for Town and Owner signature. 8.1.4. 90-percent: submit plans, contract documents and specifications, and estimate of construction cost for Town, County, and VDOT review. 8.1.5. Request for Authorization to Advertise: 100-percent/ready for advertisement plans, contract documents and specifications, and estimate of construction cost for Town and VDOT review 8.1.6. Unless otherwise noted, submissions shall follow VDOT requirements and include: PDF (electronic); one full-sized hard copy; and one half-sized hard copy. Up to three (3) full-sized printed copies shall be provided to the Town for each submission. ATTACHMENT A - SCOPE OF SERVICES PROFESSIONAL DESIGN SERVICES CONTRACT WALNUT AVENUE BICYCLE AND PEDESTRIAN ACCOMMODATIONS (UPC 111649) TOWN OF VINTON, VIRGINIA CONTRACT NUMBER: TOV-2019-001PZ WA5THTWL Page 11 of 12 SCHEDULE Complete the various phases of the project in accordance with the schedule outlined below:  Scoping Report and Estimate of Construction Cost ............................................. October 8, 2019  Preliminary Design Phase (30%)(1) ...................................................................................... 65 Days  Design Development / Final Construction Documents: o Right-of-way/Utilities (50% Submission) (2)(3) ........................................................ 60 Days o 90% Submission (2) ................................................................................................. 45 Days  Final Approval / Authorization to Advertise ...................................................................... 15 Days The above schedule is based on a required “Solicit Bids” date of November 24, 2020. (1) Includes Surveying and Environmental tasks. (2) Subsequent due dates will be set at review meeting or upon authorization to proceed with next phase of project. Days indicated are generally from the Notice to Proceed date for the Project and each subsequent task. (3) Right-of-way acquisition and Utility relocations Phase is estimated to take up to 4 months. FEE Unless otherwise noted, all proposed work shall be performed on a Lump Sum Basis and in accordance with the Terms and Conditions of the “Professional Design Services Contract.” Where work is to be performed on an Hourly Basis, the work shall be performed and invoiced in accordance with the Hourly Rates and conditions of the Memorandum of Understanding. Fee Breakdown:  Surveying (1) ....................................................................................................................... $41,095.  Environmental (1) ............................................................................................................... $15,633.  Preliminary Design Phase (30%) ........................................................................................ $18,660.  Right-of-way/Utility Plan (50%) (2) ..................................................................................... $41,890.  Right-of-way & Easement Acquisition Services (1) .............................................................. $4,500.  Final Design/Construction Documents (90% and Final) (2) ................................................ $34,225.  Right-of-way/Easement Plats ............................................................................................... $4,662.  Bidding Phase Services ....................................................................................................... $6,135.  Construction Phase Services ........................................................................ Hourly – as Requested  Total = $166,800 (1) Includes sub-consultant fee and Engineer’s coordination services. ATTACHMENT A - SCOPE OF SERVICES PROFESSIONAL DESIGN SERVICES CONTRACT WALNUT AVENUE BICYCLE AND PEDESTRIAN ACCOMMODATIONS (UPC 111649) TOWN OF VINTON, VIRGINIA CONTRACT NUMBER: TOV-2019-001PZ WA5THTWL Page 12 of 12 (2) Final Fee for Right-of-way/Utility Plan Design (50%), Final Design/Construction Documents (90% and Final) may be adjusted upon completion of the Preliminary Design Phase (30%). (3) If right-of-way is required from additional parcels, the cost shall be $1,000 per parcel. Fee includes all cost for travel, lodging, mileage, per diem, printing and reprographics, shipping, mailings, and other costs incidental to performing the services. End of Attachment A Walnut Avenue Bike/Ped Project, UPC# 111649_TOV and M&C Contract: Page 1 of 15 TOWN OF VINTON, VIRGINIA Walnut Avenue Bicycle and Pedestrian Accommodations Project – 5th Street to Town West Corporate Limit PROFESSIONAL ENGINEERING SERVICES CONTRACT Contract Number: TOV-2019-001PZ WA5thTWL THIS CONTRACT, made the _______ day of ___________, 20_____, by and between the Town of Vinton, Virginia, hereinafter referred to as "the Town", and Mattern & Craig, Inc., a corporation, located at 701 First Street, S.W., Roanoke, VA 24016, hereinafter referred to as "the Consultant". WHEREAS, the Town requires Professional Engineering Services for the Walnut Avenue Bicycle and Pedestrian Accommodations Project – 5th Street to Town West Corporate Limit; hereinafter referred to as a “PROJECT” and, WHEREAS, a PROJECT may be funded wholly or in part by the Virginia Department of Transportation (VDOT) and being administered locally by the Town; and, WHEREAS, the Consultant desires to provide the Engineering Services for the PROJECT as requested by the Town; and, WHEREAS, this Contract shall be in effect until the completion of the PROJECT including the VDOT final review and approval of the PROJECT’s construction documentation; and, WHEREAS, this Contract states the duties and responsibilities of the Town and of the Consultant related to the providing of such professional engineering services to the Town. WITNESSETH that the Town and Consultant, in consideration of the mutual covenants, promises, and agreements contained herein, agree as follows: SCOPE OF SERVICES: The Contractor shall provide the services to the Town as set forth in Town of Vinton TOV-2019-001PZ WA5thTWL Request for Proposal (RFP) for Professional Engineering Services for Walnut Avenue Bicycle and Pedestrian Accommodations from 5th Street to Town West Corporate Limit and as contained in the Attachment A - Scope of Services, which is attached hereto as Exhibit C. CONTRACT PERIOD: The Contract Period shall commence from the date this Contract is signed by the Town and Consultant and be in force until the Project is complete and accepted by the Town and Virginia Department of Transportation (VDOT). Walnut Avenue Bike/Ped Project, UPC# 111649_TOV and M&C Contract: Page 2 of 15 CONTRACT DOCUMENTS: The Contract Documents shall consist of this signed Contract and all exhibits, written amendments, and/or addenda including: • Town’s RFP dated March 20, 2019, attached as Exhibit A; • Consultant’s Proposal dated April 25, 2019 (“Proposal”), attached as Exhibit B; • Consultant’s Scope of Services for Professional Engineering Services for the Walnut Avenue Bicycle and Pedestrian Accommodations Project: 5th Street to Town West Corporate Limit attached as Exhibit C; • Any subsequent written amendments executed by the parties. In the event of a conflict among these Contract Documents, this Contract shall control over the Town’s RFP, which shall control over the Scope of Services, which shall control over the Consultant’s Proposal. ARTICLE I THE CONSULTANT'S RESPONSIBILITIES 1.1 The Consultant shall: a. Furnish all labor, materials, equipment, technical and professional services required to perform the Engineering Services for the PROJECT. b. Perform all Engineering Services in accordance with generally accepted professional standards. The Consultant shall comply with all laws, ordinances, rules, regulations and other requirements of the Town of Vinton, the Commonwealth of Virginia, and Federal governmental agencies and authorities that area applicable to the PROJECT. c. Provide additional services that are not within the Scope of Services contained in Exhibits A and C, as requested and approved in writing by the Town. The cost of the additional services shall be submitted to the Town by the Consultant for review and approval. Additional fees shall be based on either a lump sum or hourly not-to-exceed format. Additional services shall be authorized only if approved in writing by the Town. ARTICLE II TOWN'S RESPONSIBILITIES 2.1 The Town shall: a. Provide to the Consultant all information in possession of the Town which relates to the Town's requirements for the PROJECT or which, in the opinion of the Town, is relevant to the Consultant ’s services to be provided on the P ROJECT . Walnut Avenue Bike/Ped Project, UPC# 111649_TOV and M&C Contract: Page 3 of 15 b. Review all preliminary drawings and estimates of construction costs; all final construction drawings, easement plats, and contract documents (if needed); all revised estimates of construction costs; and other documents presented by the Consultant. c. Make all reasonable efforts to provide access for the Consultant to enter upon public and private property as required for the Consultant to perform the services required under this Contract. d. Designate a person to act as the Town's representative with the Consultant with respect to the services to be performed. Such person shall have the authority to transmit instructions, receive information, interpret and define the Town's policies and decisions with respect to materials, equipment, elements, and systems pertinent to the Consultant's services. ARTICLE III COMPENSATIONAND METHOD OF PAYMENT 3.1 The Town of Vinton agrees to the lump sum fee ($166,800.00) contained in Exhibit C. Prices will conform to the lump sum fee contained in Exhibit C during the Term of this Contract and may only be changed upon renewal of this Contract with the written consent of both parties. 3.2 As stated in Exhibit C, all expenses are included in the lump sum fee. 3.3 The Consultant shall submit invoices to the Town on a monthly basis for cost incurred for the PROJECT, accompanied by a brief narrative outlining the services provided and justifying the invoiced amount. After acceptance by the Town of that portion of the services to which the invoice charges relate, the Town shall pay the amount of invoice within thirty (30) days. Prior to being required to accept any invoice, the Town shall have the right to expend a reasonable time to verify information contained on any invoice and to correct any errors found. Invoices shall be mailed or delivered to: Anita McMillan Contract/Project Manager 311 S. Pollard Street, Suite 105 Vinton, VA 24179 3.4 Payments made to the Consultant shall not be considered as evidence of satisfactory performance, either in whole or in part, of the services provided by the Consultant or as acceptance of any portion of the PROJECT. Walnut Avenue Bike/Ped Project, UPC# 111649_TOV and M&C Contract: Page 4 of 15 ARTICLE IV PERFORMANCE SCHEDULE 4.1 The Consultant shall perform the services with such qualified personnel in sufficient numbers to complete the services according to the performance schedule included in Exhibit C. ARTICLE V GENERAL PROVISIONS 5.1 In the event that the Consultant fails to perform the services within the time provided and within the terms of the Proposal, the Town may, at its sole option, terminate the services of the Consultant. The Town shall send a written termination notice either by hand delivery or certified mail to the Consultant of such termination. Termination shall be effective ten (10) days after the date of mailing or when received by the Consultant, whichever is sooner. The Town shall not be required to honor requests for payment submitted for services initiated after the effective date of written termination. Upon written application by the Consultant prior to the actual date of termination, the Town may, at its discretion, expressly grant an extension of time to the Consultant to perform the services or cure any breach of the terms of the Proposal. 5.2 The Town and the Consultant bind themselves and any successors and assigns to this Contract. The Consultant shall not assign, sublet, or transfer its obligations pursuant to this Contract to any third party without the prior written consent of the Town. Nothing hereinafter mentioned shall be construed as creating any personal liability on the part of any officer, agent or employee of the Town. This Contract shall not be construed as conferring benefits upon any person or entity other than to the Town and the Consultant. 5.3 The Consultant agrees to indemnify and hold harmless the Town, its elected officials, officers, agents, and employees from losses and damages occurring or resulting to any and all persons, firms or corporations, furnishing work, services, materials, or supplies due to the Consultant's negligence, failure to perform in accordance with the standard of care set forth in Article 1.1, or intentional wrong doing by the Consultant or any of its agents. This indemnification and hold harmless provision applies to all claims and losses resulting to any person, firm, or corporation who may be injured or damaged by the Consultant in the performance of this Contract. 5.4 The parties hereto agree that the Consultant and any agents, or employees of the Consultant, in the performance of this Contract, act in an independent capacity and not as officers, employees or agents of the Town. Walnut Avenue Bike/Ped Project, UPC# 111649_TOV and M&C Contract: Page 5 of 15 5.5 During the performance of this Contract, the Consultant agrees as follows: a. COMPLIANCE WITH LAWS AND REGULATIONS: The Consultant shall keep fully informed of all federal, state, and local laws, ordinances, and regulations, and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on this Contract, or which in any way affect the conduct of the services provided by the Consultant. It shall at all times observe and comply with, and shall cause its agents, subcontractors and employees to observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the Town and its employees and appointees against any liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by itself or its agents, subcontractors or employees. If any discrepancy or inconsistency is discovered between this Contract and any such law, ordinance, regulation, order, or decree, the Consultant shall immediately report the same to the Town in writing. b. VIRGINIA PROHIBITED EMPLOYMENT DISCRIMINATION: The Consultant, its agents, employees, assigns or successors, and any person, firm, or agency of whatever nature with whom it may contract or make an agreement, shall comply with the provisions of the Section 2.2-4311 of the Code of Virginia (1950), as amended. During the performance of this Contract, the Consultant agrees as follows: 1. The Consultant will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Consultant. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 2. The Consultant, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, will state that the Consultant is an equal opportunity employer. 3. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. The Consultant will include the provisions of the foregoing paragraphs “1”, “2” and “3” in every subcontract or purchase order of over ten thousand dollars, so that such provisions will be binding upon each subcontractor or vendor. c. NON-DISCRIMINATION PROVISION: The Consultant agrees to abide by the provisions of Title VI and Title VII of the Civil Rights Act of 1964 (42 USC Walnut Avenue Bike/Ped Project, UPC# 111649_TOV and M&C Contract: Page 6 of 15 2000e), which prohibits discrimination against any employee or applicant for employment, or any applicant or recipient of services, on the basis of race, religion, color, sex or national origin; and further agrees to abide by Executive Order No. 11246 entitled “Equal Employment Opportunity,” as amended by Executive Order No. 11375 and as supplemented in the Department of Labor Regulations (41 CFR Part 60), which prohibit discrimination on the basis of age. Section 49 CFR 21 is incorporated by reference in all contracts and subcontracts funded in whole or in part with federal funds. The Consultant shall comply with the Americans with Disabilities Act (ADA), and with the provisions of the Virginians with Disabilities Act, Sections 51.5 40 through 51.5 46 of the Code of Virginia (1950), as amended, the terms of which are incorporated herein by reference. In the event of the Consultant’s noncompliance with the nondiscrimination provisions of this Contract, the Town shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including but not limited to: 1. Withholding of payments to the Consultant under this Contract until the Consultant complies; and/or 2. Cancellation, termination or suspension of this Contract, in whole or in part. d. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964: During the performance of this Contract, the Consultant, for itself, its assignees and successors in interest (herein referred to as “the Consultant”), agrees as follows: 1. Compliance with Regulations: The Consultant will comply with the Regulations of the U.S. Department of Transportation relative to nondiscrimination in Federally assisted programs of the U.S. Department of Transportation (Title 49), Code of Federal Regulations, Part 21, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Contract. 2. Nondiscrimination: The Consultant, with regard to the services provided by it after award and prior to completion of this Contract, will not discriminate on the grounds of race, religion, color, sex, national origin, age or handicap in the selection and retention of sub consultants, including procurements of materials and leases of equipment. The Consultant will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the services cover a program set forth in Appendix B of the Regulations. 3. Solicitations for Subconsultants: In all solicitations, either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultant’s obligations under this Contract. 4. Information and Reports: The Consultant will provide all information and reports required by the Regulations, or orders and instructions issued Walnut Avenue Bike/Ped Project, UPC# 111649_TOV and M&C Contract: Page 7 of 15 pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Town or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the Town, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. Consultants and subconsultants with fifteen (15) or more employees will submit an updated Title VI Evaluation Report (EEO-D2) annually as long as the Consultant or subconsultant is performing in accordance with this Contract. 5. Sanctions for Noncompliance: In the event of the Consultant’s noncompliance with the nondiscrimination provisions of this Contract, the Town shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including but not limited to: withholding of payments to the Consultant under this Contract until the Consultant complies, and/or cancellation, termination or suspension of this Contract, in whole or in part. Incorporation of Provisions: The Consultant will include the provisions of paragraphs “1” through “5” in every subcontract of $10,000 or more, including procurements of materials and leases of equipment, unless exempt by the Regulations, order or instructions issued pursuant thereto. The Consultant will take such action with respect to any subcontractor or procurement as the Town or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Consultant may request the Town to enter into such litigation to protect the interests of the Town and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. e. CERTIFICATION REGARDING NON-SEGREGATED FACILITIES: By the execution of this Contract, the Consultant certifies that it does not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. It certifies further that it will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it will not permit its employees to perform their services at any location under its control, where segregated facilities are maintained. The Consultant further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. As used in this certification, the term “segregated facilities” means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other Walnut Avenue Bike/Ped Project, UPC# 111649_TOV and M&C Contract: Page 8 of 15 storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, national origin, age or handicap, because of habit, local custom or otherwise. It agrees that, except where it has obtained identical certification from proposed subcontractors and material suppliers for specific time periods, it will obtain identical certification from proposed subcontractors or material suppliers prior to the award of subcontracts or the consummation of material supply Contracts exceeding ten thousand dollars, and that it will retain such certifications in its files. f. DISADVANTAGED BUSINESS ENTERPRISES/SMALL, WOMAN AND MINORITY BUSINESS: The Contractor, its agents, employees, assigns, or successors, and any person, firm or agency of whatever nature with whom it may contract or make an agreement, shall comply with the provisions of 49 CFR Part 26, as amended, which is hereby made part of this Contract by reference. The Consultant shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that DBE firms have the maximum opportunity to compete for and perform contracts and subcontracts under this Contract. Subpart A of 49 CFR 26, Section 26.13 requires that each contract signed with a contractor (and that each subcontract the prime contractor signs with a subcontractor) must include the following assurance: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. In accordance with the Governor’s Executive Order No. 33, VDOT also requires the utilization of Small, Women and Minority (SWaM) Businesses to participate in the performance of consultant contracts. The Consultant shall take all necessary and reasonable steps in accordance with Executive Order No. 33, to ensure that SWaM firms have the maximum opportunity to compete for and perform contracts and subcontracts under this Contract. Further, the Consultant agrees to provide the Town with the dollar amount contracted and name of each subcontractor which identifies itself as a DBE/SWaM, though no DBE/SWaM goal has been established for the PROJECT. The DBE goal of this Contract is 12 percent (%). VDOT is also required to capture DBE and SWaM payment information on all professional services contracts. Therefore, the prime consultant will be required to complete the DBE and SWaM Payment Compliance Report, C-63 form on a quarterly basis. In the event of the Consultant’s noncompliance with the DBE/SWaM participation Walnut Avenue Bike/Ped Project, UPC# 111649_TOV and M&C Contract: Page 9 of 15 for the services indicated in Expression of Interest in response to the RFP, Scope of Work and Fee Proposal of this Contract, the Town shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including but not limited to: 1. Withholding of payments to the Consultant under this Contract until the Consultant complies, and/or 2. Cancellation, termination or suspension of this Contract, in whole or in part. g. TDD/TTY EQUIPMENT FOR THE DEAF: When seeking public participation through the maintenance of a toll-free hot line number and/or publishing project-related materials, the Consultant agrees to ensure that all citizens have equally effective communication. The Consultant agrees to provide or identify a telecommunications device for the deaf/teletypewriter (TDD/TTY) or acceptable means of telephone access for individuals with impaired speech or hearing. The Consultant will provide notice of a TDD/TTY number whenever a standard telephone number is provided. h. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By signing this Contract, the Consultant certifies that it does not and will not during the performance of this Contract violate the provisions of the Federal Immigration Reform and Control Act of 1986, which prohibits employment of illegal aliens. i. OCCUPATIONAL SAFETY AND HEALTH STANDARDS: The Consultant shall not require any individual employed in the performance of this Contract to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to health or safety as determined under the Occupational Safety and Health Standards promulgated by the United States Secretary of Labor. This provision shall be made a condition of any subcontract entered into pursuant to this Contract. In addition, the Consultant shall abide by the Virginia Occupational Safety and Health Standards adopted under Section 40.1 22 of the Code of Virginia (1950), as amended, and will fulfill the duties imposed under Section 40.1 51.1 of the Code of Virginia. Any violation of the aforementioned requirements or duties which is brought to the attention of the Consultant by any person shall be immediately abated. j. CERTIFICATION REGARDING DEBARMENT: By the execution of this Contract, the Consultant certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted Walnut Avenue Bike/Ped Project, UPC# 111649_TOV and M&C Contract: Page 10 of 15 of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; and have not been convicted of any violations of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and 4. Have not within a three (3) year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. k. CORRECTION OF ERRORS: The Consultant shall check for accuracy any reports, and the design, drafting and details of final plans prior to submission. The Consultant will be required, without additional compensation, to correct any errors, including but not limited to omissions, discrepancies and ambiguities, in any services performed in fulfillment of the obligations of this Contract, and shall also reimburse the Town for any costs incurred. Acceptance of the plans or reports by the Town shall not relieve the Consultant of the responsibility of subsequent correction of errors. Costs incurred by the Consultant in correcting errors in the plans or reports and reimbursing the Town for costs incurred by the Town as a result of such error shall be maintained in a separate account. Such account shall be clearly coded and identified, and shall be subject to audit by the Town. Such costs shall not be billed to the Town as a direct charge or an overhead item. l. PAYMENT TO SUBCONTRACTORS: In accordance with Article 4 of the Virginia Public Procurement Act (Sections 2.2-4347 through 2.2-4356 of the Code of Virginia (1950), as amended), the Consultant shall make payment to all subcontractors within seven (7) days after receipt of payment from the Town, or shall notify the Town and subcontractor in writing of the intention to withhold all or a part of the amount due along with the reason for nonpayment. In the event payment is not made as noted, the Consultant shall pay interest at the rate of one percent per month to the subcontractor, unless otherwise provided in this Contract, on all amounts that remain unpaid after seven (7) days except for the amounts withheld according to this Contract. The Town does not require retainage to be withheld by the Consultant on any subcontracts. If the Consultant elects to withhold retainage on subcontracts, prompt payment of the retainage shall be made to the subcontractors within the later of 60 days after the final billing is received by the Consultant from the subcontractor or the satisfactory acceptance of the services by the Town. The Walnut Avenue Bike/Ped Project, UPC# 111649_TOV and M&C Contract: Page 11 of 15 Town will notify the Consultant and the subcontractor in writing when the services have been satisfactorily accepted. If the retainage is not promptly paid, the Consultant shall notify the Town and the subcontractor in writing as to the reasons for not making payment. These same requirements shall be included in each subcontractor Contract and shall be applicable to each lower tier subcontractor. m. COMPLIANCE WITH LOBBYING RESTRICTIONS (This section only applies to contract using federal funds.): By signing this Contract, the Consultant certifies that: 1. Since promulgation of the federal requirements implementing Section 1352 of Title 31, U.S.C. (PL 101-121, Section 319) entitled “Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions.”, no federal appropriated funds have been paid and none will be paid, by or on behalf of the Consultant, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of a federal contract, the making of any Federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the Consultant shall complete and submit Standard Form LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; and 3. The Consultant shall require that the language of this certification be included in all subcontracts at all tiers, and that all subcontractors shall certify and disclose accordingly. n. RECORDS: The Consultant and subcontractors shall retain all books, documents, papers, accounting records and other evidence supporting the costs incurred, for three (3) years after payment of the final estimate or final audit, whichever is later. Such evidence shall be made available at the Consultant’s offices at all reasonable times and will be subject to audit and inspection by the Town, VDOT or any authorized representatives of the Federal Government. Evidence of costs incurred by a subcontractor shall be made available at its office at all reasonable times during the contract period between the Consultant and the subcontractor and for three years after written acceptance by the Consultant, for audit and inspection by the Town, VDOT or any authorized representatives of the Federal Government. It shall be the Consultant’s responsibility to notify the Town, Walnut Avenue Bike/Ped Project, UPC# 111649_TOV and M&C Contract: Page 12 of 15 in writing, of the completion of that subcontractor’s portion of the services so that the records of the subcontractor can be audited within the three-year retention period. Failure to do so may result in the Consultant’s liability for any costs not supported by the proper documentation for the subcontractor’s phase of the services. Final payment for the subcontractor’s phase of the services will be made after total costs are determined by the final audit of the subcontractor. o. DRUG-FREE WORKPLACE: During the performance of this contract, the ENGINEER agrees to: 1. Provide a drug-free workplace for the Consultant’s employees; 2. Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Consultant’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; 3. State in all solicitations or advertisements for employees placed by or on behalf of the Consultant that the Consultant maintains a drug-free workplace; and 4. Include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. 5. For the purpose of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a consultant, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. 5.6 The Consultant shall carry Public Liability Insurance in the amounts specified, including the contractual liability assumed by the Consultant: a. Workman’s Compensation and Employer’s Liability Coverage A – Statutory Requirements Coverage B - $100,000 Per Occurrence Coverage C - $100,000/$100,000 Accident and/or Disease b. Automobile Liability, including Owned, Non-Owned, and Hired Coverage Limits of Liability: Bodily Injury $1,000,000 each occurrence Property Damage $1,000,000 each occurrence OR Single Limit $2,000,000 each occurrence Bodily Injury Property Damage Walnut Avenue Bike/Ped Project, UPC# 111649_TOV and M&C Contract: Page 13 of 15 c. Comprehensive General Liability Limits of Liability: $1,000,000 each occurrence Bodily Injury $1,000,000 each occurrence Property Damage OR Single Limit $2,000,000 each occurrence Bodily Injury Property Damage 1. Completed Operation/Products 2. Contractual Liability for Specified Contract 3. Personal Injury 4. Medical Malpractice d. Professional Liability Aggregate $1,000,000 e. Excess Liability Umbrella Form Bodily Injury and Property Damage Combined (See Note 1) Note 1 – The intent of this insurance specification is to provide the coverage required and the limits expected for each type of coverage. With regard to the Automobile Liability and Comprehensive General Liability, the total amount of coverage can be accomplished through any combination of primary and excess umbrella insurance. However, the total insurance protection provided for Comprehensive General Liability protection or for Automobile Liability protection, either individually or in combination with Excess Liability Umbrella must total $2,000,000 per occurrence. Prior to commencing services under this Contract, the Consultant shall furnish the Town with certificates of insurance which indicate the required coverage and that the Town has been named as an additional insured with regard to the automobile and comprehensive general liability insurance policies. No change or cancellation of the insurance coverage mentioned herein shall be made without thirty (30) days prior written notice to the Town. 5.7 The Town reserves the right to terminate this Contract in whole or in part at any time, for any reason and without penalty, by ten (10) days prior written notice delivered either by hand or certified mail to the Consultant. At the end of such period, the Consultant shall have discontinued all work and services and shall have delivered to Walnut Avenue Bike/Ped Project, UPC# 111649_TOV and M&C Contract: Page 14 of 15 the Town all records, drawings, field notes, plans, or other data completed or partially completed. These documents shall become and remain the property of the Town upon receipt of payment by the Consultant. Upon such termination, the Consultant shall be entitled to compensation only per the terms of this Contract, and only through the date of termination or date of receipt of notice, whichever is sooner. 5.8 The parties agree that all survey notebooks, reports, plans, drawings, studies, specifications, memoranda, estimates, and computations prepared by and for the Consultant in the performance under this Contract, shall be and remain the property of the Town. Upon termination of this Contract or completion of the services, the Town shall have the right to such documents without compensation to the Consultant. Such documents shall be promptly delivered by the Consultant to the Town upon demand. The Consultant shall not be responsible to the Town for liabilities resulting from the reuse of such documents for other sites, projects, or applications not related to this specific site. 5.9 All notifications made by the parties pursuant to this Contract, except in those instances where certified mail is required, shall be sent by first class mail, postage prepaid or hand delivered. All notifications, whether by certified mail or registered U.S. Mail, shall be sent, as the case may be, to the following: Town of Vinton Mattern & Craig, Inc. Barry W. Thompson Wm. Thomas Austin, P.E. Town Manager Principal 311 S. Pollard Street, Suite 109 701 First Street, S.W. Vinton, VA 24179 Roanoke, VA 24016 5.10 This Contract and all Proposals constitute the entire Contract and understanding between the Town and the Consultant. This Contract shall not be modified or altered, changed, or amended in any respect unless in writing and signed by the parties hereto. 5.11 Services contracted during any part of a term will continue through completion of the services without regard to the end of the term and without obligation by the Town to renew this Contract. 5.12 Contractual claims and dispute resolution shall be conducted in accordance with the Town’s Purchasing Manual's procedures. 5.13 This Contract is made and entered into in the Town of Vinton, Virginia, and shall be governed by the law of the Commonwealth of Virginia and all disputes shall be initiated and litigated only in the Circuit Court of the County of Roanoke, Virginia. 5.14 SIGNATURES: The parties hereto agree to abide by all the provisions of this Contract. Walnut Avenue Bike/Ped Project, UPC# 111649_TOV and M&C Contract: Page 15 of 15 IN WITNESS THEREOF, duly authorized representatives of the Town and the Consultant executed this Contract on the date set forth above. Town of Vinton: Mattern & Craig, Inc.: By: By: Signature of Responsible Party Signature of Responsible Party Barry W. Thompson, Town Manager Wm. Thomas Austin, Principal Printed Name and Title Printed Name and Title Date: Date: APPROVED AS TO FORM: By: Jeremy Carroll, Town Attorney 1 RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, OCTOBER 15, 2019, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. WALNUT AVENUE BICYCLE AND PEDESTRIAN ACCOMMODATIONS PROJECT 5TH STREET TO TOWN WEST CORPORATE LIMIT WHEREAS, on November 1, 2017, Town Staff submitted a request to the Roanoke Valley Transportation Planning Organization (RVTPO) for the scope of the funded Regional Surface Transportation Program (RSTP) Project to be amended from a pedestrian bridge over Tinker Creek to bicycle and pedestrian accommodations along Walnut Avenue from 5th Street to Town West Limits; and WHEREAS, on March 22, 2018, the Project was one of the listed projects that RVTPO approved and endorsed for the FY 19-24 RSTP Six-Year Financial Plan for inclusion in the Virginia Commonwealth Transportation Board (CTB) Six-Year Improvement Program; and WHEREAS, on October 30, 2018, the Town Manager executed the Virginia Department of Transportation (VDOT) Standard Project Administration Agreement Federal-aid Projects and Appendix A for the Project; and WHEREAS, the Standard Project Administration Agreement Federal-aid Projects and Appendix A for the Project were executed by authorized VDOT officials on November 6, and November 16, 2018, respectively; and the Town agrees to provide the administrative services to manage the grant through the completion of the Project; and WHEREAS, on March 20, 2019, the Town advertised the Request for Proposal (RFP) for professional engineering services for the Project, and WHEREAS, by April 25, 2019, the date of closing of the RFPs, the Town received six (6) sealed RFPs from qualified consulting engineering firms to provide the said services; and each RFP was given to the five voting-members and one nonvoting-member of the Engineering Services Selection Committee to be reviewed and scored; and WHEREAS, on June 11, 2017, and June 12, 2019, four of the engineering firms were invited to give technical presentations to and interviews with the Committee; and at the conclusion of the interviews on June 12th, the selection committee discussed the strengths and weaknesses of each firm, and the firms were ranked; and WHEREAS, on June 13, 2019, Staff contacted the listed references as submitted by the top- ranked firm, and the Committee was briefed regarding the positive outcome of the reference checks; and 2 WHEREAS, A Notice of Intent to award was issued to Mattern & Craig on June 14, 2019; and WHEREAS, a pre-scoping meeting with Mattern & Craig, VDOT Salem District, and Town personnel was held on July 2, 2019; and a kick-off meeting was held on July 16, 2019; and WHEREAS, beginning on August 5, 2019, Staff has been in discussion with Mattern & Craig personnel regarding their proposal for professional engineering services for the Project that include the project understanding, proposed scope of services, and the estimated schedule and fee arrangement; and the said proposal was forwarded to VDOT Salem District Locally Administered Program (LAP) Project Engineer for his review and comments; and WHEREAS, on September 26, 2019, Staff received the revised proposal which has been reviewed and approved by both Staff and Mattern & Craig; and WHEREAS, the proposal submitted by Mattern & Craig needs to be accepted and a contract needs to be executed for the professional engineering services for the Project. NOW, THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby accept the proposal and authorizes the Town Manager to execute a contract with Mattern & Craig, for the professional engineering services for the Walnut Avenue Bicycle and Pedestrian Accommodations Project: 5th Street to Town West Limits. This Resolution adopted on motion made by Council Member _____________, seconded by Council Member ________________, with the following votes recorded: AYES: NAYS: APPROVED: ___________________________________ Bradley E. Grose, Mayor ATTEST: _____________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date October 15, 2019 Department Council Issue 1. Request to Convene in Closed Meeting, Pursuant to §2.2-3711(A)(5) for discussion concerning a prospective business interested in locating in the Vinton downtown area where no previous announcement has been made of the business' interest in locating its facilities in the community. 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, OCTOBER 15, 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