HomeMy WebLinkAbout4/2/2013 - Regular1
Vinton Town Council
Regular Meeting
Council Chambers
311 South Pollard Street
Tuesday, April 2, 2013
AGENDA
Consideration of:
A. 5:30 p.m. - WORK SESSION
1. Briefing on cost of Service Study/Water and Wastewater Rates
2. Briefing on CIP for FY2013-2014 Budget
B. 7:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM
C. MOMENT OF SILENCE
D. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG
E. CONSENT AGENDA
1. Consider approval of minutes for the regular Council meetings of March 5
and March 19, 2013.
F. AWARDS, RECOGNITIONS, PRESENTATIONS
1. Proclamation – Mayor’s Day of Recognition for National Service
2. GFWC Woman’s Club of Vinton – Child Abuse Awareness Prevention
Month
3. Request for funding presentation by the Brain Injury Services of SWVA
4. Presentation by the Roanoke Valley-Alleghany Regional Commission
G. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments
and questions for issues not listed on the agenda.
Bradley E. Grose, Mayor
William “Wes” Nance, Vice Mayor
I. Douglas Adams, Jr., Council Member
Robert R. Altice, Council Member
Matthew S. Hare, Council Member
Vinton Municipal Building
311 South Pollard Street
Vinton, VA 24179
(540) 983-0607
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H. PUBLIC HEARINGS
1. Consideration of public comments regarding petition of Trey Boyd, t/a
Scorpion Towing & Recovery, authorized agent, to amend Ordinance No.
824, adopted October 4, 2005, Special Use Permit (SUP) to operate a police
impoundment storage lot at 814 2nd Street, tax map number 060.19-02-16,
zoned M-1 Limited Industrial District.
a. Report from Staff
b. Open Public Hearing
• Receive public comments
• Close Public Hearing
c. Council discussion and questions
d. Consider adoption of Ordinance
2. Consideration of public comments regarding petition of Jason M. Varney, t/a
Consolidated Real Estate Enterprises, LLC, authorized agent, for a
Special Use Permit (SUP) to convert a single-family dwelling, located at 134
West Augusta Avenue, tax map number 060.15-05-18, zoned RB
Residential Business District, into a two-family dwelling.
a. Report from Staff
b. Open Public Hearing
• Receive public comments
• Close Public Hearing
c. Council discussion and questions
d. Consider adoption of an Ordinance
I. TOWN ATTORNEY
J. TOWN MANAGER
ITEMS REQUIRING ACTION
1. Consider adoption of a Resolution authorizing the Town Manager to execute
a contract with Lawrence Equipment of Cloverdale, Virginia, in the amount of
$27,695.00 for a Case Farmall 55A 2013 Grounds Tractor plus additional
accessory equipment in the amount of $12,805.00 for a total of $40,500.00.
2. Consider adoption of a Resolution approving the budget for the CDBG
Downtown and Economic Revitalization Grant.
BRIEFINGS
1. Briefing on Programmatic Agreement between the Town of Vinton and The
Virginia State Historic Preservation Office regarding the Vinton Downtown
Revitalization Project.
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2. Briefing on Agreement between the Virginia Department of Housing and
Community Development and the Town accepting the $700,000 Downtown
and Economic Revitalization Grant from the 2012 CDBG funds.
K. MAYOR
L. COUNCIL
1. Financial Report for February 2013
M. ADJOURNMENT
N. WORK SESSION CONTINUED
1. Briefing on employee benefits and compensation for FY2013-2014 Budget
NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT.
Reasonable efforts will be made to provide assistance or special arrangements to qualified
individuals with disabilities in order to participate in or attend Town Council meetings. Please call
(540) 983-0607 at least 48 hours prior to the meeting date so that proper arrangements may be
made.
NEXT TOWN COMMITTEE/COUNCIL MEETINGS:
• April 1, 2013 – 5:30 p.m. – Finance Committee Meeting – Finance Conference
Room
• April 16, 2013 – 6:30 p.m. – Council in the Neighborhood Meeting – Craig Avenue
Recreation Center, followed by Regular Council Meeting at 7:00 p.m.
Meeting Date
April 2, 2013
Department
Town Manager
Issue
Briefing on cost of Service Study/Water & Wastewater Rates
Summary
Courtney Rogers of Davenport & Co. will give a further presentation at the meeting.
Attachments
None
Recommendations
No action required
Town Council
Agenda Summary
Meeting Date
April 2, 2013
Department
Administration
Issue
Briefing on CIP for FY2013-2014 Budget
Summary
This will be a presentation on the proposed CIP for the next five years, FY2014 to FY2019.
Attachments
None
Recommendations
No action required
Town Council
Agenda Summary
Meeting Date
April 2, 2013
Department
Town Clerk
Issue
Consider approval of minutes for the regular Council meetings of March 5 and March 19, 2013.
Summary
None
Attachments
March 5, 2013 minutes
March 19, 2013 minutes
Recommendations
Motion to approve minutes
Town Council
Agenda Summary
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MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 6:00 P.M.
ON TUESDAY, MARCH 5, 2013, IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA.
MEMBERS PRESENT: Bradley E. Grose, Mayor
I. Douglas Adams, Jr.
Robert R. Altice
Matthew S. Hare
MEMBERS ABSENT: William W. Nance, Vice Mayor
STAFF PRESENT: Christopher S. Lawrence, Town Manager
Susan N. Johnson, Town Clerk
Susan Waddell, Town Attorney
Ryan Spitzer, Assistant to the Town Manager
Ben Cook, Police Chief
Anita McMillan, Planning & Zoning Director
Mary Beth Layman, Special Programs Director
Gary Woodson, Public Works Director
Joey Hiner, Assistant Public Works Director
The Mayor called the work session to order at 6:00 p.m. to
hear funding presentations by Community Agencies for the
FY2014 budget. The first presentation was by Angie Lewis on
behalf of the Vinton Chamber of Commerce. Ms. Lewis
commented that the membership has grown over the past two
years to 250, which includes 60 new members in the past year
and a half. The Chamber is sponsoring 13 major events this
year. Council made comments and expressed their
appreciation for all that the Chamber does for the community.
Mr. Adams commented that he would like the Chamber to
contact the Roanoke Times concerning the possibility of having
a Vinton section in the paper.
Doug Forbes, Treasurer, gave a presentation on behalf of the
Vinton Historical Society. This year the Historical Society is
celebrating the 25th anniversary of the Vinton Museum. Last
year more than 920 people visited the Museum. The Historical
Society would like to keep the Museum open, but because of
the age of most of the members, they would like to see a paid
staff person work the Museum on a regular basis. Mr. Forbes
also commented that the water cannot be used at the Museum
because of the odor. A new water heater and the main floor
plumbing need to be replaced. He indicated he had an
estimate of $1,800 to do this work. There is a real need for
younger people to become involved to keep the Museum open
in the future. Barbara Hartis and Mattie Forbes were also
present.
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Kelly Cass, Executive Director, gave the next presentation on
behalf of the Mountain View Human Spay/Neuter Clinic. She
introduced Corrie Prater, the Director of Marketing and
Development. This clinic opened in August of 2012 and the
clinic in Christiansburg has been open about 2-1/2 years. She
reviewed a printed Power Point presentation giving statistics of
the overpopulation of dogs and cats and indicating that the only
solution is aggressive spaying and neutering. To date
Mountain View Humane has performed over 14,000
sterilizations. Of the animals coming to the clinic from Vinton,
64% need assistance with the cost of the procedure. They
currently spend around $30,000 a month subsidizing people
who need help and have been successful in receiving funds
from PetSmart charities and local donors. However, the
subsidy funding is now low and they are asking the Town for
$30,271 which will help over 1,000 animals.
Mr. Hare asked about the relationship with the current Pound.
Ms. Cass responded that there is a current program involving
the free transporting of animals that are being rescued to the
Clinic for spaying or neutering. A program they would like to
start is that whenever an animal comes out of the Pound it has
an appointment at the Clinic before it leaves. This program is
already being implemented in Montgomery County.
Mr. Hare asked if the Clinic did the trap, neuter and release
program and the response was no, but they have volunteers
who will. Ms. Cass also mentioned the possibility of the Clinic
selling dog tags because between the two Clinics, they are
doing around 7-8,000 rabies vaccinations in a year.
Representatives from the American Red Cross-Roanoke Valley
Chapter and the Brain Injury Services of SWVA were not able
to attend and will be rescheduled.
Craig Sheets, President-Elect, made brief comments on behalf
of the Dogwood Festival. He expressed his thanks to the
Town for the continued support of the Dogwood Festival both
financially and in-kind services and they are asking for the
same amount as last year. He commented that they are going
to have the large concert at the War Memorial this year to
showcase the War Memorial.
The Mayor called the regular meeting to order at 7:00 p.m.
The Town Clerk called the roll with Council Member Adams,
Council Member Altice, Council Member Hare, and Mayor
Grose present. Vice Mayor Nance was absent. After a
Moment of Silence, Mr. Hare led the Pledge of Allegiance to
the U.S. Flag.
Roll Call
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Mr. Adams made a motion to approve the consent agenda;
the motion was seconded by Mr. Hare and carried by the
following vote, with all members voting: Vote 4-0; Yeas (4) –
Adams, Altice, Hare, Grose; Nays (0) – None; Absent (1) -
Nance.
Approved minutes of regular
Council meeting of February
19, 2013
The next item on the agenda was a presentation from the
Liz Belcher on behalf of the Roanoke Valley Greenway
Commission. She recognized Janet Scheid, Anita McMillan
and Matt Hare, Greenway members who were present at the
meeting. Ms. Belcher then proceeded to give a Power Point
presentation first commenting that the funding request to the
Town for FY2014 is the same as last year, $3,300.00. Next
she mentioned the return on the Town’s investment of last year
which included the Novozymes’ donation of $50,000; the
revenue sharing match of $50,000 and donations in the
amount of $570 as well as volunteer time amounting to
$13,900 from the Pathfinders group. She commented on the
progress on the Greenway in 2012 and the economic
development impact it is having across the Valley.
Roanoke City is focusing on being a bicycle friendly community
and probably Salem is going to follow suit. Ms. Belcher
commented that this may be something the Town might want
to consider. She next commented on the progress of the
Roanoke River Greenway construction status beginning with
Greenhill Park in Salem to the Blue Ridge Parkway.
The Bridge the Gap piece is a 4.1 mile section and projected to
cost $7 million. At this point $4.1 million has been collected
which consists of 74% government funds and 26% private
funds. She commented on the option of Revenue Sharing
money and its availability for the Greenway. Some options the
Town might consider are incorporating connections in non-
greenway projects like the downtown and the new library;
making the downtown bike friendly and adding bike lanes on
Walnut; utilizing Revenue Sharing and budgeting some CIP
money each year for revenue sharing matching and
maintenance.
Mr. Hare commented that he was disappointed that not much
was said about the Greenways at the Economic Summit held
last week. There is a major investment happening and the
return is happening at lot faster than we realize.
The next item on the agenda was an update on the
Economic Development Summit held on February 28, 2013.
After brief comments, the Mayor made a recommendation to
appoint the Town Manager as our representative to the Task
Force that is being created. Mr. Altice made a motion to
appoint the Town Manager to the Task force and the motion
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was seconded by Mr. Hare. After comments from Council
Members and the Town Manager, the motion was carried by
the following roll call vote, with all members voting: Vote 4-0;
Yeas (4) – Adams, Altice, Hare, Grose; Nays (0) – None;
Absent (1) - Nance.
Appointed the Town Manager
to the Task Force to be created
from the Economic Summit
Mr. Adams made a motion that Council go into a Closed
Meeting pursuant to § 2.2-3711 A (7) of the 1950 Code of
Virginia, as amended, for consultation with legal counsel
pertaining to actual litigation; the motion was seconded by
Mr. Hare and carried by the following vote, with all members
voting: Vote 4-0; Yeas (4) – Adams, Altice, Hare, Grose;
Nays (0) – None; Absent (1) - Nance. Council went into
Closed Meeting at 7:40 p.m.
At 8:00 p.m., the regular meeting reconvened and the
Certification that the Closed Meeting was held in accordance
with State Code requirements was approved on motion by
Mr. Adams, seconded by Mr. Altice and carried by the
following roll vote, with all members voting: Vote 4-0; Yeas
(4) – Adams, Altice, Hare, Grose; Nays (0) – None; Absent
(1) - Nance.
Certification of Closed Meeting
Mr. Hare made a motion that the regular meeting be
adjourned, the motion was seconded by Mr. Adams and
carried by the following vote, with all members voting: Vote 4-
0; Yeas (4) – Adams, Altice, Hare, Grose; Nays (0) – None;
Absent (1) - Nance. The regular meeting was adjourned at
8:01 p.m.
Regular meeting adjourned
The Work Session continued with a presentation by
Chief Tom Philpott on behalf of the Volunteer First Aid Crew.
He reviewed a breakdown of the proposed use of the funds
which was furnished to Council. One item was a surveillance
camera for the east side of the building. Mr. Philpot also
requested that the Crew be allowed to fuel the Crown Vic at
the Town garage because they are saving the Town money
by using it instead of a less efficient emergency vehicle.
Another new item is a subscription to the Active 911 alerting
system which sends a message to a member’s cell phone
indicating the type of call, directions and a map. Mr. Philpott
commented that the Crew has purchased an emergency
generator for the radio system which will also cover the
Town’s Public Works radios. A new power stretcher and new
ambulance were also purchased.
Chief Richard Oakes gave a presentation on behalf of the
Volunteer Fire Department. He reviewed a breakdown of the
funds which included uniforms, contract services, office
supplies, travel and training and equipment replacement such
as turnout gear. They have eight new members and their
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turnout gear will run about $16,000.00, but are only asking for
$7,400 since they also get assistance from Roanoke County.
Other items are radios and pagers. Mr. Oakes also
mentioned that the Town needs to definitely consider a new
ladder truck next year. They have just ordered a new brush
truck chassis totaling $28,000 which was paid for with
volunteer funds to replace the old brush truck. They will be
utilizing the skid unit off of the old truck.
The next item was briefing on the proposed Ordinance to
amend Appendix B, Zoning, Article VI, Nonconforming Uses
and Features of the Town Code. The Town Manager
commented that our Code needs to be updated to reflect the
State Code regarding nonconforming uses. Anita McMillan,
Planning & Zoning Director, made brief comments regarding
the changes to the Code. The major change relates to
nonconforming uses. After a large number of natural
disasters, the Federal government said that a locality cannot
restrict someone from rebuilding because of a natural
disaster. In our current Code, we stated that anything that is
damaged more than 50% cannot be rebuilt. The State Code
allows the rebuilding within perimeters and this would apply
to the Clearview Manor Apartments. By amending our Code
if the apartments were damaged more than 50% they would
be allowed to rebuild as they are now at the same location
and would be required to meet the current Uniform State
Building Code.
The Mayor asked about fire damage and the response was
they will be allowed to rebuild within two years. If a natural
disaster occurs such as flooding or a tornado, they are given
four years. A fire is considered an act of God as long as it is
accidental.
Ms. McMillan indicated that the Planning Commission is
having their Public Hearing on the matter on March 7th and
Council will have theirs at the March 19th meeting.
Mr. Hare asked if we have any other amendments that need
to be made to our Code and the response was the one
regarding time limitation for vehicles to be stored in an
impoundment lot. The Town Manager indicated that our
Zoning Ordinance was last amended in 1995.
The Mayor commented that keeping the Code updated is
really important for economic development and he feels that
there is a certain amount of liability involved when it is not up-
to-date. If we need to devote extra resources to that, this
may be the year to do it. He also asked how the Planning
Commission is working. Ms. McMillan responded that some
members because of health issues have not been able to
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come to the meetings and it has been challenging. The
Mayor asked if we needed to make some adjustments and
the Town Manager responded that they are valid questions.
Possibly we need to have another joint meeting with Council
and the Planning Commission to address these issues.
In further discussion regarding amendments to our Town
Code, the Town Attorney commented that our Code does
provide that in the event legislation changes our ordinances
that we automatically adopt those changes as part of our
Code. This eliminates any potential liability during such
times that the legislature acts to change something and we
will not have time to instantaneously change our Code to
conform. Ultimately, State law supersedes our local
Code. Amending our Code to come into compliance with
State law gives our staff additional visibility, ultimately helping
them perform their duties more effectively. Further
discussion was had regarding resources available to help
with reviewing and updating our Code.
The last item for discussion was briefing on a proposed
Extraterritorial Arrest Agreement between the Town of
Vinton, Roanoke County, Roanoke City and the City of
Salem. Ben Cook, Police Chief, commented that the local
law enforcement agencies have been meeting once a month
to discuss issues concerning the Valley. These meetings will
in the future include Fire and EMS Chiefs in the Valley as
well.
One of the items discussed was the development of a
regional agreement regarding responses, activities and
arrests in the Roanoke Valley. Currently if an officer is in
another jurisdiction and they encounter, for example, a drunk
driver in Roanoke County, they would have to call Roanoke
County. Our officer could stop the vehicle, but Roanoke
County would have to respond to take over the investigation
and both officers would have to go to Court. The proposed
agreement would allow an officer to handle an offense
outside their jurisdiction in the interest of public safety.
There is a similar agreement between Roanoke County and
Roanoke City from 1996 and we are enhancing that
agreement to include the Town and the City of Salem and to
update the language.
The agreement gives the law enforcement officer in each
jurisdiction the authority as if they were in their own
jurisdiction. Each locality will regulate their own officers
outside their jurisdiction and will be notified of any action that
is taken in their jurisdiction. It does allow the officers to
freelance, for example, run radar on Feather Road. The
agreement specifically involves on-duty officers that are
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having to taken some type of enforcement action for public
safety. Officers will still make every effort to get an officer of
that jurisdiction, but when no officer is available, they can
take action. Also, other officers cannot enforce their
locality’s ordinances in another jurisdiction, only enforce
State law. Chief Cook furnished Council with a copy of the
draft Agreement which has been approved by all the
localities’ attorneys.
The Mayor asked how it would affect policies from one
department to the other and how they are carried out. One
of his concerns has always been pursuit policies. If their
pursuit policy is different from ours and they are chasing
someone into the Town, whose policy applies? The
response was the jurisdiction that is pursuing them. If a
Vinton officer is making an arrest or any kind of enforcement
anywhere, they follow our Vinton Police Department policies.
If Roanoke City chases someone through Vinton, we
basically block roads for them and let them come on through.
If they need our help, we will assist. Otherwise we just
maintain a safety zone for them, which is the current policy.
The Mayor asked if the pursuit policies in the surrounding
localities are much different from the Town and the response
was that ours is a little more restrictive, but are basically the
same and follow the model from the Virginia Department of
Criminal Justice Services.
Mr. Hare asked the Chief how he would feel as a citizen of
Vinton if a Roanoke Police Officer arrested somebody and
did something that we do not feel was appropriate in the way
they conducted that arrest. The Chief responded that he
would call the Police Department and ask questions. That is
the reason that each locality needs to know when an arrest is
made in their jurisdiction by another Officer. It would be no
different than a citizen making a complaint against a Vinton
Police Officer. Mr. Hare then commented that he knows and
trusts the Vinton Police Officers, but he does not know the
Officers in other jurisdictions.
The Mayor commented that we need to be careful what we
commit ourselves to and Chief Cook indicated that he would
not do anything to jeopardize our citizens’ faith and trust in
our local government and Police Department. There is a
stipulation in the agreement that if it does not work, we can
pull out.
Mr. Hare asked what the policy was regarding business
advertising in the right-of-way as a result of a local business
having signs from the City line to the County line through the
Town. The Town Manager commented that over the past
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several years, we have been more lax with business signage
because of the economy and businesses trying to drum up
more retail attention. The question now is when do you start
to reel that back in? Are we being as effective with our
enforcement on signage as other parts of our Code? Mr.
Hare commented that it is one thing to put signs in front of
your business, but it is another thing to do the entire town. It
is disrespectful to the citizens. The Town Manager indicated
that staff will review our current Code.
The work session ended at 9:15 pm.
APPROVED:
________________________________
Bradley E. Grose, Mayor
ATTEST:
___________________________________
Susan N. Johnson, Town Clerk
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MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M.
ON TUESDAY, MARCH 19, 2013, IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA.
MEMBERS PRESENT: Bradley E. Grose, Mayor
William W. Nance, Vice Mayor
I. Douglas Adams, Jr.
Robert R. Altice
Matthew S. Hare
STAFF PRESENT: Christopher S. Lawrence, Town Manager
Susan N. Johnson, Town Clerk
Elizabeth Dillon, Town Attorney
Ryan Spitzer, Assistant to the Town Manager
Gary Woodson, Public Works Director
Barry Thompson, Finance Director/Treasurer
Anita McMillan, Planning & Zoning Director
Karla Turman, Assoc. Planner/Code Enforcement Ofcr.
Kevin Kipp, War Memorial Facilities Manager
Ben Cook, Police Chief
Steve Foutz, Police Officer
Fabricio Drumond, Police Sergeant
The Mayor called the work session to order at 6:00 p.m.
The first item related to a briefing on petition of Trey Boyd,
t/a Scorpion Towing & Recovery, authorized agent, to
amend Ordinance No. 824, adopted October 4, 2005,
Special Use Permit (SUP) to operate a police impoundment
storage lot at 814 2nd Street, tax map number 060.19-02-
16, zoned M-1 Limited Industrial District.
Karla Turman, Associate Planner/Code Enforcement
Officer commented that Mr. Boyd has applied for a new
Special Use Permit for his business to be allowed to store
vehicles repossessed by financial institutions along with
vehicles purchased by a dealership located on the property
next to his business.
By way of background information, in October of 2012
Town Council received a complaint that the impound lot
was in violation of its Special Use Permit. After
investigation, she contacted Mr. Boyd of Scorpion Towing
and Mr. Meadows of Request Towing who co-rent the lot.
They were under the impression that they could store any
type of vehicle in the lot even though they were given a
copy of the Special Use Permit currently on the property
and the information was on their Zoning Permit. As a
result, Mr. Boyd applied for this new Special Use Permit.
The current Special Use Permit only allows the storage of
police impounded vehicles for 30 days. Even though the
Code allows that vehicles being held in the custody of a
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financial institution can also be kept there, it was not
requested at that time. Vice Mayor Nance asked if the
Special Use Permit follows the land and not the owner of
the business and response was that is correct. A question
was asked about the 30 day time period and Ms. McMillan,
Planning & Zoning Director, commented that there has
been discussion about amending the current requirement
because the State Code says that the operator has to be
given an additional 30 days. This amendment was
mentioned in the staff report and the Planning Commission
will have their Public Hearing on the matter on April 11th.
Vice Mayor Nance commented that this petition will come
before Council before the amendment to the Town Code.
He asked if we could have the Special Use Permit to read
that such vehicles are to be stored no longer than the time
period required by the Town Code. That way it will be
amended when the Town Code gets amended.
Discussion was had regarding the number of vehicles
stored in the lot now as opposed to the number once the
new Special Use Permit is approved.
The Mayor asked if vehicles stored in the lot would be
operable, not wrecked or junked vehicles. Ms. Turman
responded they would be operable. A question was asked
about a police impounded vehicle that needs to be in a
secure facility and the response was there is a secured
facility on 3rd Street for those vehicles.
Mr. Adams commented that if a vehicle is from an accident
it could possibly be inoperable. Ms. Turman responded
yes, but she has been told that in the case of accidents the
insurance companies usually will do something with it
within the 30 days. Repossessed vehicles are usually
gone within 24 hours. The Mayor then reiterated there
could possibly be wrecked vehicles on the lot and the
response was yes, if they were police initiated vehicles.
Vice Mayor Nance commented that limiting the number of
vehicles to be stored on the lot could be made a condition
of the Special Use Permit to help regulate the number by
future owners. Mr. Hare commented that this lot could
turn into a temporary junkyard in 90 days and the Mayor
expressed the same concern, not with the current owners,
but any future owners.
Ms. Turman commented that if the lot is full, it will be
difficult to tell what is operable and what is not operable
unless it is wrecked. It would make it hard to enforce.
Ms. McMillan recommended that we amend our Code to
allow for only 60 days, not 90 days. It was also stated
that a junkyard would not be allowed in this district, but as
part of the Special Use Permit, you could require that the
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lot be screened rather than just the chain-link fence
currently around it. Further discussion was had regarding
how to put stipulations on the Special Use Permit but at the
same time not create an enforcement nightmare.
Mr. Hare then commented that since Mr. Boyd came before
Council and asked for help, it does not look like we are
negotiating in good faith with him if we keep changing the
terms. Ms. Turman stated that in the Planning Commission
Public Hearing Mr. Boyd was asked what would happen if
the Special Use Permit was not granted and he indicated
he would have to move his business out of town.
The next item was briefing on petition of Jason M.
Varney, t/a Consolidated Real Estate Enterprises, LLC,
authorized agent, for a Special Use Permit (SUP) to
convert a single-family dwelling, located at 134 West
Augusta Avenue, tax map number 060.15-05-18, zoned RB
Residential Business District, into a two-family dwelling.
Ms. Turman commented from her staff report that the
property does not meet the lot area and lot width
requirements, but it can be allowed by a Special Use
Permit. This property was a duplex prior to 1998 and then
the owner converted it back into a single-family residence.
Since it has been longer than the two-year legal non-
conforming status, it cannot be turned back into a duplex
without the Special Use Permit.
Vice Mayor Nance asked about the parking spaces
requirement listed on the report and the response was that
residential property does not require parking spaces to be
paved. The current paved driveway can serve as parking
spaces, but they are not required to designate parking
spaces. The Town does not regulate where people can
park. Questions were asked about compliance and Ms.
Turman responded that Mr. Varney would have to comply
with whatever conditions the Building Commission and the
Fire Marshal required to be able to do a change of use of
the property.
The Mayor commented that this area is a residential area
and he has problems converting this property back to a
duplex. Every time we do that, it sets a precedence of
allowing other duplexes in that area. Vice Mayor Nance
also commented that a zoning rule is to let residents know
what they are getting into when they move into a
neighborhood. This also allows for development to meet
the vision that Council has which are single-family
dwellings as opposed to multiple-family dwellings.
However, Mr. Nance indicated he would much rather see
the property in use rather than vacant since it has been
used in the past as a duplex and is in a neighborhood that
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has several duplexes. The Mayor commented that the
Town has more than its share of rental property. Mr.
Altice commented that he supports the property being
improved as a duplex and Mr. Adams commented that he
would rather see the property as a duplex than see it
vacant.
The Mayor asked if the property has been vacant and Ms.
Turman responded only since it was foreclosed on in
September. She began getting calls in October from
investors inquiring if the property could be a duplex.
Mr. Hare asked if Mr. Varney, who was present at the
meeting, could give his comments. Mr. Jason Varney,
owner of the subject property, commented that his
business model is to help people. Since the foreclosure
crisis, a lot of people have been locked out of the mortgage
market which has created a demand for quality, affordable
rental housing. He would like to turn this property into that
type of housing to help two families. When asked if he
thought he could rent it as a single-family dwelling, his
response was that the utility costs may be an issue. When
asked how much investment would he be making in the
property, Mr. Varney responded $30-40,000 which is based
on another similar renovation he has done.
The Town Manager commented that both of these will be
Public Hearing items on the next Council agenda.
The Mayor called the regular meeting to order at 7:00
p.m. The Town Clerk called the roll with Council Member
Adams, Council Member Altice, Council Member Hare,
Vice Mayor Nance, and Mayor Grose present. After a
Moment of Silence, Mr. Altice led the Pledge of Allegiance
to the U.S. Flag.
Roll Call
Concerning the consent agenda, Mr. Hare made a
motion that the approval of the March 5, 2013 minutes be
postponed to the March 19, 2013 meeting; the motion was
seconded by Vice Mayor Nance and carried by the
following vote, with all members voting: Vote 5-0; Yeas (5)
– Adams, Altice, Hare, Nance, Grose; Nays (0) - None.
The next item on the agenda was to recognize Doris
Ross and Billie Jo O’Connor, both employees of Magic
City Ford, for their heroic act in going to the aid of a
customer in need of medical attention. The Mayor
presented each with a Certificate of Appreciation and Ms.
Ross gave brief comments explaining the incident and
how they were able to assist a customer. Because they
were not able to contact the customer by telephone, they
went to the home and upon discovering newspapers
outside, they called 9-1-1 and were able to get her much
Postponed approval of minutes of
Council’s regular meeting of March
5, 2013 to the March 19, 2013
Council meeting
5
needed medical attention.
Vice Mayor Nance read a letter from Chief Cook
naming Sergeant Fabricio Drumond and Officer Steven
Foutz as Police Officers of the month for February 2013.
The next item on the agenda was a request for
funding presentation by the American Red Cross-
Roanoke Valley Chapter. Ms. Heather Robertson, Major
Gifts Officer, gave a brief presentation explaining the
purpose of the Red Cross. The funding they are
requesting from Vinton will support their Disaster Relief
and their Service to Armed Forces programs. Mr. Hare
asked why they were not funded by United Way last year.
Ms. Robertson responded that for FY2013, United Way
realigned their priorities and the Red Cross did not meet
the new criteria. For FY2014 they are working United
Way to see how they can align with their new priorities
and will be submitting a proposal to them. They did not
receive funding from Vinton last year because they did
not apply, but have received funding in the past. They
are interested in re-establishing that relationship and
partnership that they had in the past.
The next item was a presentation by Beth Doughty on
behalf of the Roanoke Regional Partnership. Ms.
Doughty gave a Power Point presentation relating to four
topics—business development, image building, asset
development and information resources. After comments
regarding the history of the Partnership, she presented
statistics of 167 inquiries and 74 projects in 2012 along
with 24 prospects. A list of 13 successful projects (five
were expansions) created a total of 549 jobs and new
investment of $50.2 million. The total economic impact
was $322 million and 1,159 jobs.
Ms. Doughty commented on image building and the use
of all media avenues from printed documents to the
internet. There were 207,646 visitors to the Partnership’s
website in 2012. As far as asset development, the focus
for the area is on the outdoors and what we have to offer.
An example is being named the best mid-sized mountain
town by Blue Ridge Outdoors Magazine as well as the
Blue Ridge Marathon and the recognition of our bicycling
initiatives. The next goal is to grow businesses and
attract businesses that want to be associated with the
outdoors. Regarding information resources, there were
282 information requests in 2012. The Partnership also
compiles and provides customized reports such as
competitive position in real estate, best practices in
sustainability in mid-sized regions and where is
tomorrow’s workforce.
Mr. Hare asked Mr. Doughty for her thoughts on the Task
6
Force being created as a result of the recent Economic
Summit. She responded that it is a great idea and the
challenge is that this area does not have large sites. The
site requirements in terms of acreage keep going up and
the State is telling us that we are not competitive on 40-
50 acre projects.
The next item was a presentation by Dan Miles on
behalf of the Roanoke Valley Resource Authority. Mr.
Miles began with comments that after ten years the
Authority is proposing a $2.00 per ton rate increase.
For many years the Authority was set up to be able to
fund its reserves so they could cash fund all of their
equipment replacement, the construction of new landfill
cells and the closure of old landfill cells, as well as
needed repairs and maintenance. In the initial years,
member communities paid a higher rate in order to build
up the reserves. The rate began at $50 per ton,
increased to $53 and then down to $51 and $42 in
FY2003. The last rate increase was in FY2004 to $45
per ton where it has stayed for ten years.
The contingency fund at its peak in FY2001 had
approximately $7.2 million. This fund has been used to
buffer the variances in the tipping fees, but for the past
ten years, this amount has gone down to a current
balance of $597,284. The financial policy and goal for
the Authority is to have 8% in contingency, which is
$800,000. Other reserve accounts for equipment, site
development, etc. have also been spent down with
approximately $10 million total having been spent from all
the reserve accounts. The economy has impacted the
amount of tonnage being brought in by the member
localities which impacts the tipping fees collected. This
along with the increase in expenditures is the reason for
the proposed increase.
Mr. Miles next commented that the tipping fee increase of
$2 per ton for homeowners in the Town of Vinton will be a
net increase of $1.89 per year or $0.16 per month.
Mr. Hare complimented Mr. Miles on his report. He
asked about the bond debt and the response was the
bond debt was retired two years ago. Mr. Hare then
asked if the Authority foresees any future debt needs and
the response was the possibility of replacing some of the
gondolas or the rail cars that they load the trash into.
There are 25 of them, but they would not have to replace
all of them at one time. A lot will depend on the contract
with Norfolk Southern in 2018 and if they continue to use
the gondolas or convert to shipping containers.
7
Mr. Hare then asked where were they now utilizing the
funds they were using to pay the debt and the response
was to cover the deficit budget they have been operating
in for the past six years. Mr. Hare asked why the
Authority is only asking for $2 increase as opposed to a
$4 increase. Mr. Miles responded that they could go two
more years without a rate increase, but the real problem
will be four or five years down the road. Another factor
has been the investment income which has gone from $1
million a year ten years ago down to $27,000 this year on
the reserves. The Board decided to go ahead and
propose the increase this year instead of waiting.
Mr. Adams asked how much more time is left on the
current site and the response is they stop calculating in
100 years. The Mayor commented that the cost per
household presented by Mr. Miles is for disposal only and
does not include what it cost the Town to pick up the
trash. Mr. Miles agreed and said the Town’s total cost is
around $13.00 per household per month which includes
the $3.50 for the disposal. This is a very reasonable cost
compared to other localities. The Town Manager
commented that our recycling helps to reduce our costs
as well.
Under citizen comments and petitions, Shawn Ayers
of 421 Walnut Avenue, Vinton, expressed his safety
concerns to Council regarding the intersection of East
Cleveland and South Pollard. He has walked across the
intersection numerous times along with other pedestrians
and has almost been hit. He mentioned the signs that the
City of Salem has on their streets and he would like to
see the Town consider the same type of signs and the
painted crosswalks. Also, the same problem exists in
front of the library, crossing over Washington Avenue.
Vice Mayor Nance commented that the Washington
Avenue area is going to be addressed soon as part of the
corridor involved with the grant we have recently received
and will be improved for pedestrian crossing. Also, he
felt that the East Cleveland/South Pollard intersection will
also be addressed in the near future in relation to the new
library being built.
Mr. Hare asked if staff could check with Salem to see if
their signs have helped with the problem. The Mayor
also commented that it should be referred to the Safety
Committee.
The next item on the agenda was a Public Hearing to
receive comments regarding a proposed Ordinance to
amend Appendix B, Zoning, Article VI, Nonconforming
8
Uses and Features of the Town Code. Ms. McMillan gave
comments regarding the Code amendment indicating that
two additional changes were made to Sections 6-4 and 6-
10. Section 6-4 relates to allowing nonconforming single-
family dwellings in the General Business District to continue
as a single-family dwelling if the property owners are not
able to afford to convert the structures to meet building
code requirements for commercial uses. Currently there
is a house on the corner of 5th and Cleveland that has been
vacant for more than two years. The granddaughter
inherited the house and has inquired if she can use it as a
single-family house. This amendment to the Code will
allow her to do that.
The other minor change is to clarify Section 6-10 that if
property does not have any road frontage and the owners
want to expand or develop, they should be allowed to get a
Special Use Permit for that purpose. However, if the lot
has been recorded prior to 1975, such as the vacant parcel
at the River Park Shopping Center, we should not require
them to have a Special Use Permit.
The Town Manager commented concerning the house at
5th and Cleveland that the Town was able to confirm power
connection and the owner will be allowed to use it as a
single-family dwelling.
After the staff report, the Mayor opened the Public Hearing
at 8:20 p.m. Hearing no comments, the Public Hearing
was closed at 8:21 p.m. Mr. Hare made a motion to adopt
the Ordinance amending Appendix B, Zoning, Article VI,
Nonconforming Uses and Features of the Town Code as
presented; the motion was seconded by Council Member
Altice and carried by the following roll call vote, with all
members voting: Vote 5-0; Yeas (5) – Adams, Altice, Hare,
Nance, Grose; Nays (0).
Adopted Ordinance No. 931
amending Appendix B, Zoning,
Article VI, Nonconforming Uses
and Features of the Town Code
The next item on the agenda was a Public Hearing to
receive comments regarding a proposed Ordinance to
regarding setting of the real estate, personal property and
machinery and tools tax rates for calendar year 2013. Mr.
Thompson, Finance Director/Treasurer, gave brief
comments. A summary of the assessed values for 2013
less new construction gave a net decrease of $10,063,900.
This accounts for a decrease of $2,912 in tax levy for the
year which is an assessment decrease of 2.08%. Since
our rates are not being changed, we were not required by
State Code to have a public hearing, but we did advertise
the tax rates in The Messenger and offered a time for
public comment. After the staff report, the Mayor opened
the Public Hearing at 8:29 p.m. Hearing no comments, the
Public Hearing was closed at 8:30 p.m.
9
Vice Mayor Nance made a motion to adopt the Ordinance
setting the real estate tax rate for calendar year 2013 as
presented; the motion was seconded by Mr. Adams, and
carried by the following roll call vote, with all members
voting: Vote 5-0; Yeas (5) – Adams, Altice, Hare, Nance,
Grose; Nays (0).
Mr. Altice made a motion to adopt the Ordinance setting the
personal property and machinery and tools tax rate for
calendar year 2013 as presented; the motion was
seconded by Vice Mayor Nance, and carried by the
following roll call vote, with all members voting: Vote 5-0;
Yeas (5) – Adams, Altice, Hare, Nance, Grose; Nays (0).
Adopted Ordinance No. 932 setting
the real estate tax rate for calendar
year 2013
Adopted Ordinance No. 933 setting
the personal property and
machinery and tools tax rate for
calendar year 2013
The next item for consideration was a Resolution to set
the allocation percentage for the Personal Property Tax
Relief for the 2013 tax year. Mr. Thompson made brief
comments and indicated that the rate for the Town is
64.48%. Mr. Hare made a motion to adopt the Resolution
as presented; the motion was seconded by Mr. Adams and
carried by the following roll call vote, with all members
voting: Vote 5-0; Yeas (5) – Adams, Altice, Hare, Nance,
Grose; Nays (0).
Adopted Resolution No. 2008
setting the allocation percentage
for the Personal Property Tax
Relief for the 2013 tax year
The next item on the agenda was a briefing on the
Town’s branding/marketing initiative. The Town Manager
made comments that the Town began work on branding
several years ago and it was included in the Master Plan
Scope of Work. There were some proposals at that time
with a lot of feedback and we need to build on that study to
come up with the brand, the logo and a tag line to include
the entire Town.
Ryan Spitzer, Assistant to the Town Manager, commented
that the proposal is envisioned to be a six-month process.
The timing coincides with marketing efforts for War
Memorial for weddings and for getting the Downtown Grant
project started. The process includes the formation of a
Committee consisting of one Council Member, staff
members and interested citizens. An RFP needs to be
prepared to solicit bids for a marketing firm to do the work.
Initial fees for the marketing firm will be covered in the
CDBG Grant in the amount of $5,000 as well as the Town’s
50% match of $5,000. Additional funds are available this
year from the War Memorial’s advertising budget. The
Committee would work with the marketing firm selected to
develop the process for the branding. Community
meetings will also be held to get public input. All ideas and
proposals will be brought back to Council for final approval.
Mr. Hare asked how this study will be different from what
10
has already been done and the response was that we will
use that study as our foundation which will help to reduce
costs. We are not starting from square one again, but from
that study, we gained information from what would not
work. That study also just focused on downtown. Mr.
Hare asked what did we anticipate the cost to be and the
response is we currently have $10,000 in the budget for the
CDBG Grant project and the War Memorial has $10,000 in
advertising.
The Mayor stated that if Council is in favor of proceeding
with this process that we need a motion to form the
Committee. He then mentioned to Doris Ross in the
audience that he wanted her to comment on what she tells
people about Vinton. Vice Mayor Nance made a motion
to appoint a Branding Committee and he volunteered to
serve as the Council Member on said Committee; the
motion was seconded by Mr. Hare and carried by the
following vote, with all members voting: Vote 5-0; Yeas (5)
– Adams, Altice, Hare, Nance, Grose; Nays (0).
The Town Manager commented that the next step will be to
finalize the RFP and the Committee. It is anticipated that
the Committee will have five to seven members. Council
was encouraged to make any citizen recommendations to
the Mayor. This Committee will select the marketing firm
from the received RFPs and then bring their
recommendation back to Council for approval.
Doris Ross commented from the audience that she
describes Vinton as a family town. They moved to Vinton
from South Carolina and have no family here, but they
have made a lot of good friends. There is always
somebody in the community that is willing to help and the
schools are great.
The next item was a briefing on the Downtown Grant
budget recommendation from the Project Management
Team. Mr. Spitzer commented that the proposed budget
has been furnished to Council for their review. They are
still negotiating the fees with the A & E firm. Also, AEP
has been contacted to see if they could provide the
streetlights at less cost, but a design that would still fit in
with the look we want for the Downtown. Mr. Spitzer
indicated that we have added seven streetlights to the
project for the extra stretch of Lee Street. Council will be
asked to adopt the budget at their next meeting.
Mr. Spitzer commented that he had received a letter from
the Department of Historic Resources stating that our
downtown area is an eligible historic district. It is based
on being significant at the local level based on Criteria A
which is commerce and industry for the period of 1884 to
11
1963. Because it is eligible, we have to follow DHR
guidelines for façade and other improvements. The Town
will have to sign a Programmatic Agreement with the
DHR for them to have the ability to review. Mr. Hare
asked if our current façade program keeps us in
conformity with what they want and the response was the
guidelines follow 1940 guidelines.
The next briefing was on a VHDA Feasibility Study for
the Roland E. Cook Elementary School. Mr. Spitzer
commented that the Town has been awarded a $10,000
feasibility study grant to look at mixed-use/mixed-income
options for Roland E. Cook that will best fit with the
downtown area. This is in partnership with the School
Board and Roanoke County and we are working with
them to come up with additional funding for the study.
Vice Mayor Nance commented that we saw good results
from the Ford Motors study. When we discuss finding
extra funds, are we talking about from the Town? The
Town Manager commented that the Ford Motors study
cost more because of extra work on illustrations, etc.
The School involves work on the inside and business
financing plans and will not cost as much. Also, the
School has a motivated seller and the property is on the
market. We have asked for up to $2,000 from the
School Board and the County.
The Town Manager further commented that the School
has been shown several times over the past several
months. The goal is to best position the School to be
able to sell the property. Mr. Hare indicated that the
neighborhood around the School is very interested in
what is done with the property and when the State gets
involved, they are going to be looking for things like
Section 8 housing. That is not what the neighborhood
wants nor the Town so close to the downtown area and
our plans for revitalization. After other comments, the
Town Manager stated that mixed income is not poverty
low income. For example, most teachers, police officers
and other line-level employees are $30-40,000 moderate
income employees.
Mr. Hare commented that there have been interested
buyers and the School Board has increased the price at
least five times its assessed value. The Town Manager
commented that the direction they have received from the
School Board is to tell interested parties what the
assessed value is which is $900,000. There is no sales
price. After we hear back from the School Board and
Roanoke County about the additional funding, we will
bring back to Council for their approval.
12
Mr. Hare asked if Roanoke City had to do this with some
of the redevelopments they have done. Did the City do
this or did the developers do it? The Town Manager
indicated he would have to find out, but with a lot of those
redevelopments either the City or the Roanoke
Redevelopment Authority is directly part of that
development process.
Mr. Hare commented that he is supportive of the potential
for the building being studied but he has concerns. Vice
Mayor Nance commented that a building of this type is
going to require a private entity or investor. He feels that
the name of the study shows what direction the State will
take and does not feel the need to pay for such a study.
The Town Manager mentioned that in conjunction with
the County’s next step to move forward with the design of
the Vinton Library, Mike Altizer, our County Supervisor,
had asked that a tour be organized of the South County
Library for any interested parties. This has been
scheduled for Monday, March 25, 2013, at 1:00 p.m.
Also, they are shooting for a public mid-April Kick-Off
Library Design Meeting at the War Memorial.
Based on Council’s request for monthly reports from
departments, an Executive Summary and copies of all
reports will now be posted in Drop Box every month
before the second meeting. The Mayor expressed
thanks for the monthly reports that the departments have
provided.
Mr. Hare made brief comments regarding the January
2013 financial report. This report has a new format and
provides additional information which can be reviewed in
more detail at a future meeting. Overall we continue to
exceed revenues in the general fund and utility fund and
expenditures continue to be under what we expect them
to be at this time of the year. From a cash standpoint
we are about $300,000 less in cash than last month, but
that is due to the fact that Mr. Thompson has been able
to transfer additional funds to more investments. Mr.
Hare moved that Council approve the January 2013
financial report, the motion was seconded by Vice Mayor
Nance and carried by the following vote, with all members
voting: Vote 5-0; Yeas (5) – Adams, Altice, Hare, Nance,
Grose; Nays (0) – None.
Approved January 2013 financial
report
Comments from Council Members: Vice Mayor
Nance made comments regarding the briefing at the last
meeting on the proposed Extraterritorial Agreement
between the local enforcement agencies. He is very
much in favor of Vinton entering into this Agreement
13
based on his experience. They are used very
infrequently and he has never seen it abused by an
officer to go out of his jurisdiction and perpetrate an
injustice on other individuals. There are civil actions,
amendment rights and suppressions that keep any officer
from doing that. Mostly it is used, for example, when an
officer has left his jurisdiction, is driving home and sees a
vehicle that is causing a public safety issue. This
Agreement allows that officer to stop the vehicle and
make any necessary arrest without having to wait for an
officer from that jurisdiction to come and handle the
situation. It is a very effective tool of cooperation and
strongly urges the adoption by Council.
Mr. Adams made a motion that Council go into a
Closed Meeting pursuant to § 2.2-3711 A (6) of the 1950
Code of Virginia, as amended, for discussion or
consideration of the investment of public funds; the motion
was seconded by Mr. Altice and carried by the following
vote, with all members voting: Vote 5-0; Yeas (5) –
Adams, Altice, Hare, Nance, Grose; Nays (0) – None.
Council went into Closed Meeting at 9:30 p.m.
At 10:03 p.m., the regular meeting reconvened and the
Certification that the Closed Meeting was held in
accordance with State Code requirements was approved
on motion by Mr. Altice, seconded by Mr. Adams and
carried by the following roll vote, with all members voting:
Vote 5-0; Yeas (5) – Adams, Altice, Hare, Nance, Grose;
Nays (0) – None. The meeting was adjourned at 10:04
p.m.
APPROVED:
________________________________
Bradley E. Grose, Mayor
ATTEST:
___________________________________
Susan N. Johnson, Town Clerk
Meeting Date
April 2, 2013
Department
Administration
Issue
Proclamation – Mayor’s Day of Recognition for National Service
Summary
Ms. Samantha Lukasiewicz, AmeriCorps VISTA Leader, serving with The Advancement
Foundation in Vinton, contacted the Mayor concerning the 2013 Mayor's Day of Recognition for
National Service on April 9th. The Proclamation will serve to recognize the great work of over
1,200 National Service participants across the Roanoke Valley, which includes Senior Corps
(Foster Grandparents and RSVP), AmeriCorps VISTA, and AmeriCorps State.
Attachments
Fact Sheet
Proclamation
Recommendations
Read proclamation and present to representatives at the meeting.
Town Council
Agenda Summary
MAYORS DAY OF RECOGNITION FOR NATIONAL SERVICE
March 6, 2013
Dear Mayor Grose:
Recently, the U.S. Conference of Mayors and the Corporation for National and
Community Service announced the first ever Mayors Day of Recognition for National
Service to be held on April 9, 2013. The goals of this day are to highlight the impact of
national service and thank individuals serving in AmeriCorps and Senior Corps
programs across the country. Full details about the Day of Recognition can be found in
the attached press release.
In Roanoke and Vinton, we actively engage national service members and volunteers in
efforts to address important community needs. Notable contributions made by our local
18 AmeriCorps VISTA Members includes:
Recruited 1008 community volunteers;
Raised $481,986 in cash, grant awards, and in-kind donations;
Served with over 10,000 community volunteers;
Community volunteers have served over 10,000 hours of service;
Partnered with over 75 nonprofits in Southwest Virginia
Served 1,221 unduplicated children meals and snacks 3 times a week
during Summer 2012;
200 children participated in summer learning programs lead by
curriculum created by VISTA Members;
Implemented job training program and partnership with Rowe
Furniture
We hope you will consider joining mayors nationwide in celebrating the Mayors Day of
Recognition for National Service. Registration is easy and can be done online by going
to the www.nationalservice.gov/mayorsforservice link on the press release and clicking
on the “Sign Up Today!” button.
Naturally, we are excited about this opportunity to shine a spotlight on the value of
national service in Vinton and stand ready to work with you in your efforts to participate
in the inaugural Mayors Day of Recognition for National Service.
For more details or to sign on, please contact my office or the Corporation for National
and Community Service State Program Director, Patrice Dempsey at 804.771.2197,
ext. 23 or at pdempsey@cns.gov
Sincerely,
Judy Wood
Vice President, The Advancement Foundation
540-815-6129
JudyW.TAF@gmail.com
LEGACY COUNCIL
Carrie Dickey
Graphic Design/Marketing
Dean East
Mental Health Counselor
Amanda Ellinger
Grant Writer
Kate Ellman
Nonprofit Leadership
Shanna Flowers Media/Writer
Dawn Galbraith
Program Enrollment
Megan Gasink Mental Health Counselor
Nicholas Graybill Technology
Barbara Harrell
Volunteer Management
Jill Holstein Marketing
Pamela Irvine
Nonprofit Leadership
Amy Milberger
Development/Marketing
Brian Miller Campaigns/Marketing
Judy Miller
Marketing/writer
Tres Mullis
Advancement Director
Annette Patterson Strategic Planning
Patrick Patterson
Education Specialist
Charlotte Parks
Advancement, Roanoke College
Barbara Peery
Development/Grant Writing
Jenine Rabin
Advancement Director/Planning
Anne Rooney
Mental Health Counselor
Pam Rickard
Writing/Fundraising
Brittany Sandidge Fundraising/Grant Writer
Anna Spell-Miller Grant Writing/Research
Debra Stump
Development Director
Pete Trakas Advancement Director
Dan Vance
Writing/ Design
Mark Whittaker
Campaign Consultant
Larry Weston
Consultant, Weston Consulting
Judy Wood
Strategic Planning/Annual Fund
BOARD MEMBERS
Kirsten Fleming
Becky Freemal
Tim Greenway
Ann Hanes
Robert L. Keeley
Elaine Milko
John Miller
Patrick Patterson
Annette Patterson
Onzlee Ware
Judy Wood
PROCLAMATION
WHEREAS, service to others is a hallmark of the American character, and central to how we meet our challenges; and
WHEREAS, the nation’s mayors are increasingly turning to national service and volunteerism as a cost-effective strategy to meet needs; and
WHEREAS, AmeriCorps and Senior Corps address the most pressing challenges facing our localities and nation, from educating students for the jobs of the 21st century and supporting veterans and military families to preserving the environment and helping communities recover from natural disasters; and
WHEREAS, national service expands economic opportunity by creating more sustainable, resilient communities and providing education, career skills, and leadership abilities for those who serve; and
WHEREAS, national service participants serve in more than 70,000 locations across the country, bolstering the civic, neighborhood, and faith-based organizations that are so vital to our economic and social well-being; and
WHEREAS, national service participants increase the impact of the organizations they serve with, both through their direct service and by recruiting and managing millions of additional volunteers; and
WHEREAS, national service represents a unique public-private partnership that invests in community solutions and leverages non-federal resources to strengthen community impact and increase the return on taxpayer dollars; and
WHEREAS, AmeriCorps members and Senior Corps volunteers demonstrate commitment, dedication, and patriotism by making an intensive commitment to service, a commitment that remains with them in their future endeavors; and
WHEREAS, the Corporation for National and Community Service shares a priority with mayors nationwide to engage citizens, improve lives, and strengthen communities; and is joining with mayors across the country to support the Mayors Day of Recognition for National Service on April 9, 2013.
NOW, THEREFORE, I, Bradley E. Grose, Mayor of the Town of Vinton and on behalf of Town Council and all our citizens do hereby proclaim April 9, 2013, as National Service Recognition Day, and encourage residents to recognize the positive impact of national service in our town, to thank those who serve; and to find ways to give back to their communities.
IN WITNESS WHEREOF, I have set my hand and caused the seal of the Town of Vinton, Virginia to be affixed on this 2nd day of April, 2013.
____________________________________
Bradley E. Grose, Mayor
Meeting Date
April 2, 2013
Department
Administration
Issue
GFWC Woman’s Club of Vinton – Child Abuse Awareness Prevention Month
Summary
The GFWC Woman’s Club of Vinton planted pinwheels in the flower garden in front of the
Municipal Building to promote the month of April as Child Abuse Awareness Prevention Month.
The Police Department partnered with the Woman’s Club again this year. Either a member of
the Woman’s Club or Chief Cook will make brief comments at the meeting.
Attachments
None
Recommendations
No action required
Town Council
Agenda Summary
Meeting Date
April 2, 2013
Department
Administration
Issue
Request for funding presentation by the Brain Injury Services of SWVA
Summary
A representative from this Community Agency will be present to give a 10 minute presentation
to support their request for funding in the FY2014 budget.
Attachments
FY2014 Request for Funding Application
Recommendations
No action required
Town Council
Agenda Summary
Meeting Date
March 19, 2013
Department
Administration
Issue
Presentation by the Roanoke Valley-Alleghany Regional Commission
Summary
Wayne Strickland will be present at the meeting to give this annual report on behalf of the
Commission.
Attachments
None
Recommendations
No action required
Town Council
Agenda Summary
Meeting Date
April 2, 2013
Department
Planning & Zoning
Issue
Conduct a Public Hearing to receive public comments regarding the petition of Trey Boyd, t/a
Scorpion Towing & Recovery, authorized agent, for a Special Use Permit (SUP) operate a storage
lot for the storage of vehicles impounded by law enforcement agencies and financial institutions, as
well as temporary storage of vehicles purchased by a dealership, at 814 2nd Street, Vinton, Virginia,
tax map number 60.19-2-16, zoned M-1 Limited Industrial District.
Summary
During Town Council work session held on March 19th, members were briefed on Mr. Boyd’s
petition for a SUP to operate a storage lot for the storage of vehicles impounded by law
enforcement agencies and financial institutions, as well as temporary storage of vehicles
purchased by a dealership. Council expressed concern regarding the visibility of the lot from the
residential district on W. Augusta Avenue. Mr. Boyd has proffered that, should the petition be
approved, he will put solid screening along the north side of the property that faces W. Augusta
Avenue.
On March 7th, Planning Commission held a public hearing to consider comments regarding the
petition and voted unanimously to recommend approval of the petition.
Attachments
Ordinance
Proffer
Recommendations
Conduct Public Hearing
Motion to adopt Ordinance
Town Council
Agenda Summary
ORDINANCE NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON
TUESDAY, APRIL 2, 2013, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE
VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON,
VIRGINIA.
AN ORDINANCE to approve the petition of Trey Boyd, t/a Scorpion Towing & Recovery,
authorized agent, for a Special Use Permit to operate a storage lot for the storage of vehicles
impounded by law enforcement agencies and financial institutions, as well as temporary
storage of vehicles purchased by a dealership, at 814 2nd Street, Vinton, Virginia, tax map
number 60.19-2-16, zoned M-1 Limited Industrial District.
THEREFORE, BE IT ORDAINED by the Council of the Town of Vinton, Virginia that the
petition of Trey Boyd, t/a Scorpion Towing & Recovery, authorized agent, for a Special Use
Permit (SUP) to operate a storage lot for the storage of vehicles impounded by law
enforcement agencies and financial institutions, as well as temporary storage of vehicles
purchased by a dealership, at 814 2nd Street, Vinton, be approved. Vehicles are to be stored
no longer than the time period allowed by Section 4-40(b)(3) of Appendix B, Zoning of the
Vinton Town Code. The following condition applies, as accepted by the Petitioner:
1. The portion of the lot facing W. Augusta Avenue shall be screened with solid
structural screening;
2. The existing chink link fence surrounding the rest of the lot shall be maintained
in a good condition, as well as clear and free of overgrowth.
This ordinance is 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, Town Clerk
Meeting Date
April 2, 2013
Department
Planning & Zoning
Issue
Conduct a Public Hearing to receive public comments regarding the petition of Jason M. Varney, t/a
Consolidated Real Estate Enterprises, LLC, authorized agent, for a Special Use Permit (SUP) to
convert a single-family dwelling, located at 134 West Augusta Avenue, tax map number 060.15-05-
18, zoned RB Residential Business District, into a two-family dwelling.
Summary
During Town Council work session held on March 19th, members were briefed on Mr. Varney’s
petition. A two-family dwelling that does not meet the lot area (12,000 square feet) and lot
width (75 feet) requirements will be permitted by a special use permit. The property does not
meet those requirements, having only 7,840 square feet in area and only 50 feet in width.
On March 7th, Planning Commission held a public hearing to consider comments regarding the
petition and voted unanimously to recommend approval of the petition.
Attachments
Ordinance
Recommendations
Conduct Public Hearing
Motion to adopt Ordinance
Town Council
Agenda Summary
ORDINANCE NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON
TUESDAY, APRIL 2, 2013, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE
VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON,
VIRGINIA.
AN ORDINANCE to approve the petition of Jason M. Varney, t/a Consolidated Real Estate
Enterprises, LLC, authorized agent, for a Special Use Permit (SUP) to convert a single-family
dwelling, located at 134 West Augusta Avenue, tax map number 060.15-05-18, zoned RB
Residential Business District, into a two-family dwelling.
THEREFORE, BE IT ORDAINED by the Council of the Town of Vinton, Virginia that the
petition of Jason M. Varney, t/a Consolidated Real Estate Enterprises, LLC, authorized agent,
for a Special Use Permit (SUP) to convert a single-family dwelling, located at 134 West
Augusta Avenue, into a two-family dwelling be approved.
This ordinance is 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, Town Clerk
Meeting Date
April 2, 2013
Department
Public Works
Issue
Consider adoption of a Resolution authorizing the Town Manager to execute a contract with
Lawrence Equipment of Cloverdale, Virginia, in the amount of $27,695.00 for a Case Farmall
55A 2013 Grounds Tractor plus additional accessory equipment in the amount of $12,805.00 for
a total of $40,500.00.
Summary
To purchase a new grounds tractor and landscaping accessories for town wide maintenance with
current budget year funding. The low bidder for the tractor contract was Lawrence Equipment.
Attachments
Memo from staff
TOV Bid Form, Acceptance, and Contract Award
Resolution
Recommendations
Motion to adopt Resolution
Town Council
Agenda Summary
TOWN OF VINTON 804 THIRD STREET VINTON, VIRGINIA 24179 PHONE (540) 983-0646 FAX (540) 985-4582
Gary W. Woodson Public Works Director
To: Christopher S. Lawrence
From: Gary W. Woodson
Date: March 28, 2013
RE: 2013 Case Farmall 55A Grounds Tractor and Accessory Equipment Chris, The Public Works Department is requesting your review and approval for purchasing a new Tractor and
Equipment Accessories for its Grounds Division. The funding for the equipment was approved in the FY12/FY13
Town Budget for the amount of $40,500.00 and carried under Line Number 200.4101.799. The Department
solicited closed bids for the tractor and accessories and received two bid packages in from local suppliers. The low
bidder for the tractor contract was Lawrence Equipment in Cloverdale, Virginia. Below is an itemized list of their
submitted equipment with costs for the items we are seeking approval for purchase.
1) Equipment Make/Model/Year:
2013 Case Farmall 55A Tractor –
• Brush Cutter
• Finish Mower $27,695.00
2) Accessory Equipment:
• Scraper Blade (738.00 X 2) $ 1,476.00
• Box Blade $ 1,200.00
• Post Hole Digger $ 1,188.00
• Small Finish Mower $ 1,925.00
• Front End Loader with Wheel Fluids $ 6,600.00
• Miscellaneous Supplies: Blades, Fluids,
and Safety Equipment $ 416.00
TOTAL $40,500.00
The Department respectfully requests your review and approval for the purchase of a new Case tractor with
accessories for the amount of $40,500.00 under budget line item 200.4101.799 from Lawrence Equipment the
contract low bidder. Thank you
RESOLUTION NO
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
APRIL 2, 2013, AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA
WHEREAS, the 1986/1987 Ford Tractors that serve the Public Works Department have
exceeded their useful life and it has been determined that the best course of action
is to replace the equipment with a new Case Farmall 55A 2013 Grounds Tractor;
and
WHEREAS, the Public Works Department solicited two quotes from competent Tractor
Equipment Suppliers specifications; and
WHEREAS, the lowest bidder was Lawrence Equipment of Cloverdale, Virginia, with a quote of
$27,695.00 plus allowance to purchase additional Optional Accessories, for a total
purchase of $40,500.00; and
WHEREAS, the funds will come from the current FY2013 budget, Tractor-Public Works, line
item 200.4101.799; and
WHEREAS, Council needs to award the bid and authorize the Town Manager to execute the
contract for the equipment.
NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby grant a
contract to Lawrence Equipment of Cloverdale, Virginia, in the amount of $27,695.00 for a Case
Farmall 55A 2013 Grounds Tractor, plus additional accessory equipment in the amount of
$12,805.00 for a total of $40,500.00 and hereby authorize the Town Manager to execute the
contract for the equipment and any other necessary documents.
This resolution adopted on motion made by Council Member _________________, seconded by
Council Member ______________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
Bradley E. Grose, Mayor
ATTEST:
Susan N. Johnson, Town Clerk
Meeting Date
April 2, 2013
Department
Administration
Issue
Consider adoption of a Resolution approving the budget for the CDBG Downtown and
Economic Revitalization Grant.
Summary
The project budget must be adopted by Council before the project deadline of April 8, 2013.
This is an extension of the project deadline by thirty (30) days. The budget is the last piece that
needs to be adopted before pre-contract deadline. The programmatic agreement is between the
Town and DHR, not VDHCD.
The project budget serves as the constraints for the project per activity to be completed. While
the constraints cannot be changed randomly, they can be altered if the Project Management
Team and Council realize that money is not going to be completely appropriated for a certain
project activity. The change in appropriations must be agreed to by VDHCD and usually takes
place towards the end of the project timeframe. VDHCD wants to see that the money is
leveraged to the best of its ability and project outcomes are measureable and consistent with the
vision of the project and Council.
Attachments
Downtown Grant Budget
Resolution
Recommendations
Motion to adopt Resolution
Town Council
Agenda Summary
Applicant: Town of Vinton; Project: Downtown Vinton Business District Revitalization Project
2012 CDBG Competitive Grant Project
Revised 3/12/2013
TOTAL COST CDBG Other Funding Notes
Description of Work Qty Unit Unit Cost Estimated Cost
Milling and Paving 21,684$ 21,684$ -$
Pavement Imprinting 23,760$ 23,760$ -$
Traffic Loop Detectors Replacement 3,520$ 3,520$ -$
Pavement Striping & Markings 500$ 500$ -$
Handicap Ramps and Sidewalk Improvements 2,544$ 2,544$ -$
Subtotal: 52,008$ 52,008$ -$
Architect/Engineering Services (10%)5,201$ 5,201$ -$ Negotiated based on DHCD fee schedule
TOTAL 57,208$ 57,208$ -$
Virginia Avenue/Pollard Street Gateway Improvements
Description of Work Qty Unit Unit Cost Estimated Cost
Landscaping: low shrubs 15 ea 45$ 675$ 675$ -$ Potential match: Town/volunteer labor (plantings)
Landscaping: groundcover/grasses 250 sf 6$ 1,500$ 1,500$
Landscaping: fine grading/seeding 224 sf 0.50$ 112$ 112$
Gateway Signage 1 ls 5,500$ 5,500$ 5,500$
Gateway signage lighting 1 allow 2,640$ 2,640$ 2,640$
Subtotal: 10,427$ 10,427$
Design Services (10%)1,043$ 1,043$ -$ Negotiated based on DHCD fee schedule
TOTAL 11,470$ 11,470$ -$
Description of Work Qty Unit Unit Cost Estimated Cost
Farmers market improvements: green pave parking, lighting, landscaping 1 ls 100,000$ 100,000$ 100,000$
Subtotal:100,000$ 100,000$
Arch/Eng Design Services (14%)14,000$ 14,000$ 14% based on DHCD fee schedule
TOTAL - FARMERS MARKET 114,000$ 114,000$
General Surveyor allowance (additional topo, easement plats, etc)1 allow $2,500 $2,500 -$ $2,500 up to and as needed
TOTAL 116,500$ 114,000$ 2,500$
Description of Work Qty Unit Unit Cost Estimated Cost
Remove Existing Utility Poles and Cobra Lights 18 pole 2,500$ 45,000$ 45,000$ -$
Conduit for Lighting 2000 lf 22$ 44,000$ 44,000$ -$
Streetlights - 2 Blocks of Pollard St, 2 Blocks of Lee Ave, & Farmers Mkt 42 light 3,000$ 126,000$ 126,000$ -$
Site furnishings (benches, trash receptacles)1 allow 6,100$ 6,100$ 6,100$
Allowance for upgrading posts/frames for existing signage 1 allow 12,000$ 12,000$ 12,000$
Directional and Wayfinding Signage 1 l.s.7,000$ 7,000$ 7,000$ -$ estimate down due to signage being in from washington/pollard currently?
Subtotal:240,100$ 228,100$ 12,000$
Arch/Eng Design Services (14%)33,614$ 31,934$ 1,680$ 14% based on DHCD fee schedule
TOTAL 273,714$ 260,034$ 13,680$
Miscellaneous Improvements
Description of Work Qty Unit Unit Cost Estimated Cost
Canopy Trees for Parking Lots 1 allow 5,000$ 5,000$ 5,000$ -$ Town Hall parking lots
Demolition of Town-owned Storage Buildings - Completed October 2011 2 l.s.9,000$ 18,000$ -$ 18,000$ Town Fund
Rehabilitation of Former Storage Buildings Site 20,000$ -$ 20,000$ Town Fund
Retaining Wall 1 l.s.5,000$ 5,000$ 5,000$ -$
Green/Pervious Parking Areas 20 space 1,500$ 30,000$ 30,000$ -$
Subtotal:78,000$ 40,000$ 38,000$
Arch/Eng Design Services (10%: canopy trees, retaining wall, green parking)4,000$ 4,000$
TOTAL 82,000$ 44,000$ 38,000$
Washington Avenue/Pollard Street Intersection and Gateway Improvements: Install New Crosswalks at the Intersection of Washington Avenue and Pollard Street
Vinton Farmers Market Area
Streetscape Improvements- 2 blocks of Pollard and 2 blocks of Lee
Façade Improvements
Description Qty Unit Unit Cost Estimated Cost
107 W. Lee Avenue - Vinton Hair Stylists: Completed in Sept. 2010 1 allow 7,068$ 7,068$ -$ 7,068$ Town/County Fund
105 W. Lee Avenue - IDK Restaurant: Completed in December 2010 1 allow 15,192$ 15,192$ -$ 15,192$ Town/County Fund
212 S. Pollard Street - Neely's Accounting: Completed in Feb 2011 1 allow 10,873$ 10,873$ -$ 10,873$ Town/County Fund
301 South Pollard Street - Charity Cottage 1 allow 21,776$ 21,776$ 10,888$ 10,888$ Town/County/Owner Fund
113 W. Lee Avenue - Christ Fellowship Church 1 allow 2,500$ 2,500$ 1,250$ 1,250$ Town/County/Owner Fund
117 W. Lee Avenue - Charme Beauty Shop 1 allow 2,900$ 2,900$ 1,450$ 1,450$ Town/County/Owner Fund
119 W. Lee Avenue - Allstate Insurance 1 allow 3,500$ 3,500$ 1,750$ 1,750$ Town/County/Owner Fund
123 W. Lee Avenue - Cornerstone Antique 1 allow 11,500$ 11,500$ 5,750$ 5,750$ Town/County/Owner Fund
107 South Pollard Street - (front façade)1 allow 14,000$ 14,000$ 7,000$ 7,000$ Town/County/Owner Fund - cost to be determined by program
109 South Pollard Street - OMA Training 1 allow 5,850$ 5,850$ 2,925$ 2,925$ Town/County/Owner Fund
111 South Pollard Street - United Pentecostal Church 1 allow 7,950$ 7,950$ 3,975$ 3,975$ Town/County/Owner Fund
119 South Pollard Street - US Post Office 1 allow 9,600$ 9,600$ 4,800$ 4,800$ Town/County/Owner Fund
217 South Pollard Street - Azteca de Oro Tienda y Taqueria 1 allow 13,000$ 13,000$ 6,500$ 6,500$ Town/County/Owner Fund
303 South Pollard Street - Angelo's Restaurant 1 allow 18,600$ 18,600$ 9,300$ 9,300$ Town/County/Owner Fund
Bank of America 1 allow 25,000$ 25,000$ 12,500$ 12,500$
Subtotal:169,309$ 68,088$ 101,221$
Design Services 12 façade 1,850$ 22,200$ 22,200$
TOTAL 191,509$ 90,288$ 101,221$
Future Roanoke County Vinton Branch Library Development
Description of Work Qty Unit Unit Cost Estimated Cost
Real Estate Acquisitions: Completed June 2011 2 1,255,000$ -$ 1,255,000$ Town of Vinton: $627,500/Roanoke County: $627,500 Fund
TOTAL 1,255,000$ 1,255,000$
Business Development
Description of Work Qty Unit Unit Cost Estimated Cost
Business Revolving Loan Pool 1 allow 100,000$ 100,000$ 100,000$
Branding effort 1 ls 10,000$ 10,000$ 5,000$ 5,000$ Town of Vinton to contract with firm
Downtown Shopping and Dining Guide 1 ls 10,000$ 10,000$ -$ 10,000$ Town of Vinton
Marketing/Promotional Events at the Farmers Market 1 ls 4,600$ 4,600$ -$ 4,600$ Foundation of Roanoke Valley/VA Farm Bureau
TOTAL 124,600$ 105,000$ 19,600$
CDBG Grant Administration
Grant and Program Administration Can be 10% of grant amount or up to $70,000
Execution of DHCD Contract 1 3,000$ 3,000$ 3,000$ -$ 15% of Admin total move 3k to other areas
Execution of Project Contract(s)1 3,000$ 3,000$ 3,000$ -$ 15% of Admin total move 3 k to other areas
Contract Monitoring 1 -$ -$ -$ -$ 20% of Admin total delete unless needed for engineering
Construction Completion 1 -$ -$ -$ -$ 20% of Admin total delete unless needed for engineering
Achievement of Benefits 1 10,000$ 10,000$ 10,000$ -$ 25% of Admin total
Administrative Project Closeout 1 2,000$ 2,000$ 2,000$ -$ 5% of Admin total
TOTAL 18,000$ 18,000$ 18,000$ -$
TOTAL COSTS:2,130,001$ 700,000$ 1,430,001$
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
APRIL 2, 2013 AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA
WHEREAS, the Town of Vinton has been awarded a $700,000 Downtown and Economic
Revitalization Grant from the 2012 Community Development Block Grant
(CDBG) from the Virginia Department of Housing and Community Development
(VDHCD); and
WHEREAS, one of the requirements of the Grant, number 12-31, is the adoption of the budget;
and
WHEREAS, the budget serves as the guidelines for the activities and work to be completed
during the grant project.
NOW THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby adopt the
budget for the 2012 CDBG Grant.
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, Town Clerk
Meeting Date
April 2, 2013
Department
Administration
Issue
Briefing on Programmatic Agreement between the Town of Vinton and The Virginia State Historic Preservation
Office regarding the Vinton Downtown Revitalization Project
Summary
DHR determined that the Downtown Project APE (Area of Potential Effect) directly overlaps what they say is
an area potentially eligible for designation on the Nation Register of Historic Places based on Criterion A
(commerce) for the time of 1884-1963. Through this they identified several structures that are at least fifty (50)
years old and have served as an important economic structure. Due to this potential designation, the Town must
sign a Programmatic Agreement with DHR for consultation on any work done through the CDBG project.
Also, the Town had to identify other potentially affected parties that may have an interest in work done to
historic structures in APE. Through consultation with HUD and DHR Federal Recognized Native American
tribes, State recognized Native American Tribes and local and regional historical societies were identified. As
part of the Agreement the Town had to send each a letter and give them time to respond with either an approval
for consultation or denial. The time frame for response is 30 days.
Timeline:
March 15, 2013 – letter received from DHR
March 22, 2013 – Consultation with HUD finalized and letters sent to Native American Tribes with 30 day
comment period
April 16, 2013 – Council needs to vote to allow Town Manager to sign Programmatic Agreement as VDHCD
needs the approved contract before FONSI/RROF is released (April 22, 2013)
Attachments
Draft Programmatic Agreement
Recommendations
No action required
Town Council
Agenda Summary
1
PROGRAMMATIC AGREEMENT
BETWEEN
THE TOWN OF VINTON
AND
THE VIRGINIA STATE HISTORIC PRESERVATION OFFICE
REGARDING
THE VINTON DOWNTOWN REVITALIZATION PROJECT
IN ROANOKE COUNTY, VIRGINIA
WHEREAS, the Town of Vinton Virginia (Town) has applied for and shall receive a
Community Development Block Grant (CDBG) from the Virginia Department of
Housing and Community Development (DHCD), for the purpose of elimination and
prevention of slums and blight[n1]; and
WHEREAS, Congress amended the Housing and Community Development Act of 1974
(HCD Act) in 1981 to give each State the opportunity to administer CDBG funds for non-
entitlement areas; and
WHEREAS, in the Commonwealth of Virginia the DHCD administers CDBG funds
from the U.S. Department of Housing and Urban Development (HUD) under the HCD
Act; and
WHEREAS, pursuant to 24 CFR Part 58, states administering the CDBG program have
the responsibility of ensuring that recipient communities comply with applicable State
and Federal laws and requirements, including the National Historic Preservation Act (16
U.S.C. 470f) (NHPA) and, therefore, DHCD has been invited and has participated in
consultation towards this Agreement; and
WHEREAS, CDBG funds shall be used for the Vinton Downtown Revitalization Project
which consists of façade, landscaping, sidewalk, lighting, and wire improvements
(Undertaking); and
WHEREAS, the Town in consultation with the Virginia Department of Historic
Resources (DHR), which serves as the Virginia State Historic Preservation Office
(SHPO), have established the Undertaking’s Area of Potential Effects (APE), as shown in
Appendix 1, which includes the Vinton Downtown Historic District (Historic District,
DHR ID # 149-5010), a district that is being treated as eligible for listing in the National
Register of Historic Places (NRHP) for the purposes of Section 106 pursuant to 36 CFR
800.13(c); and
WHEREAS, the Town has determined in consultation with the SHPO that the
Undertaking may affect historic properties within the Historic District, per 36 CFR Part
800.5(a) of the regulations implementing Section 106 of the NHPA; and
WHEREAS, the SHPO, Town have agreed, per 36 CFR Part 800.3(g), to compress the
steps of the Section 106 process in order to expedite consultation; and
2
WHEREAS, the Town has provided notification to the Advisory Council on Historic
Preservation (ACHP) per 36 CFR Part 800.6(a)(1); and the ACHP accepted/declined
[n2]the invitation to participate; and
WHEREAS, pursuant to 36 CFR Part 800.3(f)(2) the Town has invited the Federally-
recognized tribes that retain cultural interests in the Town and surrounding area,
including the Delaware Tribe, Tuscarora Nation of New York, Cherokee Nation,
Shawnee Tribe, Eastern Shawnee Tribe, and the Catawba Indian Nation to participate in
consultation and to sign as a consulting party, and they accepted/declined [n3]the
invitation to participate; and
WHEREAS, pursuant to 36 CFR Part 800.3(f), the Town has invited the Vinton
Historical Society and Museum to participate in consultation and to sign as a consulting
party and they accepted/declined [n4]the invitation to participate; and
WHEREAS, pursuant to 36 CFR Part 800.3(f), the Town has invited the History
Museum and Historical Society of Western Virginia to participate in consultation and to
sign as a consulting party and they accepted/declined [n5]the invitation to participate; and
WHEREAS, pursuant to 36 CFR Part 800.3(f), the Town has invited state-recognized
tribes including the Patawomeck Indian Tribe of Virginia, Nottoway Indian Tribe of
Virginia, Cheroenhaka Indian Tribe of Southampton County, Monacan Indian Nation,
Nansemond Tribe, Upper Mattaponi Tribe, Rappahannock Tribe, Eastern Chickahominy
Tribe, Chickahominy Tribe, Pamunkey Tribe, and Mattaponi Tribe to participate in
consultation and to sign as a consulting party, and they accepted/declined [n6]the
invitation to participate; and
WHEREAS, the definitions given in Appendix 2 are applicable throughout this
Agreement.
NOW, THEREFORE, the Town and the SHPO, agree that the Undertaking shall be
implemented in accordance with the following stipulations to take into account the
Undertaking’s effects on historic properties.
STIPULATIONS
The Town shall ensure that the following stipulations are met:
I. Guiding Principles
A. The Town shall utilize the existing Vinton Downtown Business District Management
Team [n7]to review projects covered under this Agreement and shall monitor project work.
The Management Team shall be responsible for the identification, evaluation, and
3
treatment of historic properties involving the expenditure of federal assistance from
HUD.
B. In consultation with the SHPO the Town shall attempt to meet, when feasible, the
Secretary of the Interior’s Standards for Rehabilitation (Appendix 3) for all projects
related to this Undertaking that affect a contributing property within the Historic District.
C. The Town shall ensure, when feasible, that all CDBG-funded new construction,
within the Historic District is compatible with the historic character of the Historic
District.
D. The Town and SHPO in order to streamline the Section 106 review process shall
emphasize the treatment of exteriors that contribute to the property’s potential eligibility
for the National Register; may exempt categories of routine activities; and may develop
treatment and design protocols for rehabilitation and new construction.
II. Coordination of Review
A. When the Town identifies a property that will be affected by the Undertaking, the
Town shall submit via DHR’s Electronic Project Information Exchange system (ePIX),
which is located on the web at http://apps.cao.virginia.gov/epix/, the following
documentation to the SHPO for review and comment. If the Town disagrees with the
SHPO’s comments, consultation shall continue until an agreement is reached. If an
agreement cannot be reached, consultation will continue pursuant to Stipulation X.
Dispute Resolution.
1. A Project Review Application Form.
2. A copy of the map in Appendix 1 showing the precise location of the property.
3. Photographs of the building(s)’s exterior(s) from the front, back and sides. For
new constructions projects, photographs of the site and neighboring streetscape.
4. A determination of whether the property contributes to the Historic District as
defined by the boundaries of the map (Appendix 1).
B. If any portion of the Undertaking shall result in a cumulative ground disturbance of
one (1) acre or greater, the Town shall consult with the SHPO per Stipulation V.
C. If the Town determines that a property does not contribute to the Historic District, then
the Town may proceed with rehabilitation activities on that property but shall continue to
consult with the SHPO and other consulting parties, per Stipulation II. (D), on any new
construction at that location.
4
D. If the Town determines that a property contributes to the Historic District, then it must
be treated as an historic property for the purposes of Section 106, and the Town shall assess
the effects of the Undertaking on that property. The Town shall prepare the following
information based on the type of activity anticipated.
1. Rehabilitation
a. Detailed scope of work.
b. Plans and drawings, if applicable.
c. Materials specifications, if applicable.
d. Description and photos of architectural features to be repaired or replaced.
2. Demolition
a. An explanation of the reasons for demolition.
b. Any code enforcements documents that support the necessity of
demolition, if applicable.
c. A structural evaluation and documentation of the buildings that supports
the necessity of demolition, if applicable.
d. Adequate documentation to demonstrate that rehabilitation is not
economically or structurally feasible, or that retention of the property would
jeopardize the implementation of an affordable housing project.
3. New Construction
a. Identification of the lot proposed for new construction, including street
address and map.
b. Plans for exterior elevations.
c. Exterior materials specifications.
d. Site plan, including the boundaries of the lot and adjacent lots and
proposed footprint of new construction.
E. For all rehabilitation and demolition projects on properties considered contributing to the
Historic District and all new construction within or directly adjacent to the Historic District
carried out under this Agreement, the Town shall submit to the SHPO and other consulting
parties for review and comment the following information.
5
1. All documentation prepared pursuant to Stipulation II (A).
2. All necessary documentation prepared pursuant to Stipulation II (D).
3. A determination of whether the proposed treatment meets the Standards or
detailed statement as to why the Standards cannot be met. A form shall be
completed for all new construction and rehabilitation projects (Appendix 4).
4. A Finding of Effect (No Adverse Effect or Adverse Effect) based on an
application of the Standards and the guidance in 36 CFR Part 800.5.
III. Mitigation
A. If adverse effects are identified during the course of the project, the Town shall
consult with the SHPO and other consulting parties, as applicable, to consider possible
ways to avoid or minimize the adverse effects. The Town shall provide the opportunity
for the interested public to express their views on the proposed mitigation measures
pursuant to Stipulation IX (B). If the effects cannot be avoided the Town shall consult
with the SHPO and other consulting parties about appropriate mitigation which shall be
determined based on the degree of the adverse effect and the level of significance of the
resource. The agreed upon mitigation shall be submitted to the SHPO for review and
comment before construction or demolition begins.
B. All mitigation documentation prepared pursuant to this Agreement shall be prepared
by a professional in the appropriate discipline who meets the Secretary of the Interior’s
Professional Qualification Standards (36 CFR Part 61).
IV. Emergency Situations
Should a building collapse, be largely destroyed by fire, be substantially damaged by a
storm and/or be on the verge of collapse, the Town may, per 36 CFR Part 800.12, declare
an Emergency Situation and, acting in the interest of public health and safety, propose
demolition of a historic property. Upon issuance of the order, the Town shall, to the
extent possible, document the building and notify the SHPO as soon as possible.
V. Archaeology
A. The Town may proceed without archaeological consultation with the SHPO for the
following ground-disturbing activities:
1. Any individual activity requiring less than one (1) acre of ground disturbance.
The area of potential effect for individual activities shall include all land-
disturbing actions associated with site preparation, construction, associated access
6
roads, temporary construction easements, equipment storage areas, below ground
utilities, etc.
2. The installation of utilities, such as sewer, storm, electrical, gas, steam,
compressed air, leach lines, and septic tanks in road rights-of-way, existing utility
corridors, or other areas previously disturbed by these activities.
B. Any projects involving ground-disturbing activities within existing archaeological
sites or not otherwise exempted under Stipulation V.(A.), above, shall be submitted to the
SHPO, for review and comment through the completion of a Project Review Application
via DHR’s Electronic Project Information Exchange system, ePIX, which is located on
the web at http://apps.cao.virginia.gov/epix/.
C. Should the Town determine, in consultation with the SHPO that further
archaeological identification is needed, the SHPO shall recommend a program to identify
and evaluate archaeological resources.
D. Should the Town, as a result of survey efforts and in consultation with the SHPO
determine that an eligible archaeological site will be affected; a plan for its avoidance,
protection, or recovery of data will be submitted to the SHPO and other consulting parties
for review and comment. The Town shall consider all comments received in preparing
the final treatment plan and shall then implement the plan.
E. All archaeological studies, resulting from this Agreement including data recovery
plan(s), shall be preformed by an archaeologist meeting the Secretary of the Interior’s
Professional Qualifications Standards (36 CFR Part 61) and in accordance with The
Secretary of the Interior’s Standards and Guidelines for Archeological Documentation
(48 FR 44734-37), and the SHPO’s Guidelines for Conducting Historic Resources Survey
in Virginia (2011), and shall take into account the ACHP’s publication. Recommended
Approach for Consultation on Recovery of Significant Information from Archeological
Sites (1999; updated July 26, 2002), and Section 106 Archaeology Guidance (June 2007),
or subsequent revisions to these documents.
VI. Review of Documentation
The SHPO and other consulting parties agree to review documentation submitted
pursuant to this Agreement within thirty (30) days after confirmed receipt of complete
documentation. If no response is received within thirty (30) days, the Town may assume
the non-responding party has no comments. The Town shall take into consideration all
comments received within the review period and then implement and proceed to the next
step in the process.
VII. Post Review Discoveries
7
The Town shall include the provisions in Stipulation VII.(A.) to (E.) in all construction
contracts.
A. If previously unidentified historic properties or unanticipated effects to historic
properties are discovered during construction, the construction contractor shall
immediately halt all activity within a one hundred (100) foot radius of the discovery,
notify the Town of the discovery, and implement interim measures to protect the
discovery from looting and vandalism.
B. Immediately upon receipt of the notification required in Stipulation VII.(A.), the
Town shall
1. Inspect the construction site to determine the extent of the discovery and
ensure that construction activities have halted; and
2. Clearly mark the area of discovery; and
3. Implement additional measures, as appropriate, to protect the discovery from
looting and vandalism; and
4. Have a professional archaeologist inspect the construction site to determine the
extent of the discovery and provide recommendations regarding its NRHP
eligibility and treatment; and
5. Notify the SHPO, and other consulting parties of the discovery describing the
measures that have been implemented.
C. Within forty-eight (48) hours of receipt of the notification described in Stipulation
VII.(B.)(5), the Town shall provide the SHPO, and other consulting parties with its
assessment of the NRHP eligibility of the discovery and the measures it proposes to take
to resolve adverse effects. In making its official evaluation, the Town in consultation
with the SHPO, may assume the discovery to be NRHP eligible for the purposes of
Section 106 pursuant to 36 CFR 800.13(c). The SHPO and other consulting parties shall
respond within forty-eight (48) hours of receipt.
D. The Town which shall take into account consulting parties’ recommendations on
eligibility and treatment of the discovery, shall ensure that it carries out appropriate
actions, and provide the SHPO and other consulting parties with a report on these actions
when they have been implemented.
E. Construction activities may proceed in the area of the discovery, when the Town has
determined that implementation of the actions undertaken to address the discovery
pursuant to Stipulation VII. are complete.
VIII. Human Remains
8
A. The Town shall treat all human remains and associated funerary objects encountered
during the course of actions taken as a result of this Agreement in the manner consistent
with the ACHP “Policy Statement Regarding Treatment of Burial Sites, Human Remains
and Funerary Objects” (February 23, 2007; http://www.achp.gov/docs/hrpolicy0207.pdf).
All reasonable efforts will be made to avoid disturbing gravesites, including those
containing Native American human remains and associated artifacts. To the extent
possible, the Town will ensure that the general public is excluded from viewing any
gravesites and associated artifacts. All consulting parties agree to release no photographs
of any gravesites and/or funerary objects to the press or to the general public.
B. If the human remains encountered appear to be of Native American origin, whether
prehistoric or historic, the Town shall immediately notify the appropriate tribes, which
may have cultural interests in ancestral homelands in Virginia.
C. If the Town agrees that avoidance of the human remains is not prudent and feasible,
the Town will apply for a permit from DHR for the archaeological removal of human
remains in accordance with the provisions of the Virginia Antiquities Act, Section 10.1-
2305 of the Code of Virginia, and with the final regulations adopted by the Virginia
Board of Historic Resources and published in the Virginia Register of July 15, 1991.
D. In considering issuance of a permit involving removal of Native American human
remains, the DHR will notify and consult with the appropriate tribes as required by the
regulations stated above. The treatment of Native American human remains and
associated funerary objects will be determined in consultation with the appropriate tribes
and any appropriate tribal leaders.
IX. Public Participation
A. The Town shall afford the interested public an opportunity to comment in accordance
with the public participation plan approved by DHCD as part of the CDBG grant process.
B. When a finding of adverse effect is made, the Town shall solicit public comment
regarding the undertaking’s effects on historic properties and the proposed mitigation
measures and shall provide copies of those comments to the SHPO.
X. Dispute Resolution
A. Should any party to this Agreement object in writing to the Town regarding any
action carried out or proposed with respect to the Undertaking or implementation of this
Agreement, the Town shall consult with the objecting party to resolve the objection. If
after initiating such consultation the Town determines that the objection cannot be
resolved through consultation, the Town shall forward all documentation relevant to the
objection to the ACHP, including the Town’s proposed response to the objection. Within
9
thirty (30) days after receipt of all pertinent documentation, the ACHP shall exercise one
(1) of the following options.
1. Advise the Town that the ACHP concurs in the Town’s proposed response to the
objection, whereupon the agency will respond to the objection accordingly;
2. Provide the Town with recommendations, which the Town shall take into account
in reaching a final decision regarding its response to the objection; or
3. Notify the Town that the objection will be referred for comment pursuant to 36
CFR Part 800.7(a)(4), and proceed to refer the objection and comment. The
Town shall take the resulting comment into account in accordance with 36 CFR
Part 800.7(c)(4) and Section 110(l) of NHPA.
B. Should the ACHP not exercise one (1) of the above options within thirty (30) days
after receipt of all pertinent documentation, the Town may assume the ACHP's
concurrence in its proposed response to the objection.
C. The Town shall take into account any ACHP recommendation or comment provided
in accordance with this stipulation with reference only to the subject of the objection; the
Town’s responsibility to carry out all actions under this Agreement that are not the
subjects of the objection shall remain unchanged.
D. At any time during implementation of the measures stipulated in this Agreement,
should an objection pertaining to this Agreement or the effect of any individual project on
historic properties be raised by a member of the public, the Town shall notify the parties
to this Agreement and take the objection into account, consulting with the objector and,
should the objector so request, with any of the parties to this Agreement to resolve the
objection.
XI. Amendment and Termination
A. Any signatory to this Agreement may request that it be amended, whereupon the
signatories shall consult in accordance with 36 CFR Part 800.13 to consider such an
amendment. All signatories to this Agreement must agree to the proposed amendment in
accordance with 36 CFR 800.6(c)(7). The amendment will be effective on the date a
copy signed by all the signatories is filed with the ACHP.
B. If the Town determines that it cannot implement the terms of this Agreement, or if the
SHPO determines that the Agreement is not being properly implemented the Town or the
SHPO may propose to the other parties that it be terminated.
C. Termination shall include the submission of any outstanding documentation on any
work done up to and including the date of termination.
10
D. A party proposing to terminate this Agreement shall so notify all parties to the
Agreement, explaining the reasons for termination and affording them at least thirty (30)
days to consult and seek alternatives to termination. The parties shall then consult.
E. Should such consultation fail and the Agreement be terminated, the Town shall
comply with 36 CFR Parts 800.3 through 800.6 with regard to the individual projects
covered by this Agreement.
XII. Duration of the Agreement
This Agreement shall continue in full force and effect until five (5) years after the date of
the last signature. At any time in the six (6)-month period prior to such date, the Town
may request the SHPO and the ACHP to consider an extension or modification of this
Agreement. No extension or modification shall be effective unless the signatories to the
Agreement have agreed with it in writing.
Execution of this Programmatic Agreement and implementation of the provisions herein
shall be evidence that the Town and the Federal and State agencies have satisfied their
Section 106 responsibilities for all individual projects subject to the review of this
Agreement.
SIGNATORIES
By
:
Date
:
(insert name), (insert title), The Town of Montross, Virginia
By
:
Date
:
Kathleen S. Kilpatrick, Director, Virginia Department of Historic Resources
and Virginia State Historic Preservation Officer
CONCURRING PARTIES[n8]
By
:
Date
:
Name, Title, Organization
1
APPENDICES
Appendix 1: Area of Potential Effect
Appendix 2: Definitions
Appendix 3: Secretary of the Interior’s Standards for Rehabilitation
Appendix 4: Standards Checklist Form
2
APPENDIX 1: AREA OF POTENTIAL EFFECT[n1]
3
APPENDIX 2 - DEFINITIONS
AREA OF POTENTIAL EFFECTS – The geographic area or areas within which an undertaking
may cause changes in the character or use of historic properties, if any such properties exist there.
This always includes the actual site of the undertaking, and may also include other areas where the
undertaking will cause changes in land use, traffic patterns, or other aspects that could affect
historic properties.
ACTIVITY – Work to be performed as an undertaking, specifically defined as one or more of the
following:
• Acquisition. The purchase of a property all or in part with federal funds that will trigger all
subsequent activities as undertakings.
• Demolition. The removal of the majority of an existing building’s structure to either the
foundation or to property grade.
• New Construction. The construction of a new building on a vacant lot or site currently
occupied by a building. New construction does not attempt to directly replicate buildings that
stood on the site and/or incorporate the original building footprint.
• Rehabilitation. The re-use of an existing historic property that will maintain the majority of
the historic features of a building, including such elements: framing, roof structure, doors and
door openings, windows and window openings, partitions, trim, chimneys, mantels, and doors
in a manner consistent with The Secretary of the Interior’s Standards for Rehabilitation (1995).
• Reconstruction. The construction of a new building that replaces a demolished building,
follows the majority of the original building footprint, and rebuilds the majority of
distinguishing features of the building; or the retention of a minority of an existing buildings’
features (such as the façade and foundation) and incorporating these features into a new
structure.
CONCURRENCE – A response from the SHPO, in which the SHPO agrees with the determination
of the responsible entity.
EFFECT – A determination by the County and SHPO as to the extent an undertaking will impact a
historic property or historic properties. It will include one of the following:
• No Effect on Historic Properties. There are no historic properties that will be directly or
indirectly impacted by the undertaking.
• No Adverse Effect on Historic Properties. The undertaking impacts a historic property or
properties in such a way that the historic character is left intact.
• Adverse Effect on Historic Properties. The undertaking changes the historic property or
properties in such a way that the character of the property is diminished. Demolition of a
historic property will constitute an adverse effect. Other activities may or may not constitute an
adverse effect depending on their impact on historic properties, a historic property, or historic
features.
FEASIBLE – The degree to which a historic property or historic property feature can be
successfully preserved. Whether or not something is feasible is essential in the consideration of an
4
adverse effect and application of The Secretary of the Interior’s Standards for the Treatment of
Historic Properties (1995). One or more of the following elements shall be documented and shall
be given reasonable consideration by the County and SHPO in determining whether or not
something is feasible:
• The physical condition of a building or building elements;
• The project scope or design constraints; the significance and integrity of the building or
building elements;
• The location and setting of the historic property, or economic constraints including
rehabilitation costs and market value for resale of a completed project.
HISTORIC PROPERTY – Any property that falls in one or more of the following categories:
• It is a contributing property in a historic area eligible for listing in the National Register of
Historic Places.
• It is a contributing property in a historic district listed in the National Register of Historic
Places.
• It is individually eligible for listing or is individually listed in the National Register of
Historic Places.
NON-HISTORIC PROPERTY – Any property that falls into one or more of the following
categories:
• Is a non-contributing property located in an historic area that is either eligible for listing in
the National Register of Historic Places, or is listed in the National Register of Historic
Places.
• Is not located within an historic district either eligible for listing or listed on the National
Register of Historic Places and is not individually listed on or eligible for listing on the
National Register of Historic Places.
OBJECTION – A disagreement by the SHPO or a member of the Public with a determination
made by the County on its determination of effect, conditions, or mitigation measures.
MITIGATION – Action to minimize, ameliorate, or compensate for the degradation and/or loss of
those characteristics of a property that make it eligible for the National Register.
NATIONAL REGISTER – The National Register of Historic Places maintained by the Secretary
of the Interior.
NATIONAL REGISTER CRITERIA FOR EVALUATION – The quality of significance in
American history, architecture, archeology, engineering, and culture is present in districts, sites,
buildings, structures, and objects that possess integrity of location, design, setting, materials,
workmanship, feeling, and association. The criteria established by the Secretary of the Interior for
use in evaluating the eligibility of properties for the National Register (36CFR Part 60). These
criteria are used by the City, SHPO, and Keeper of the National Register to evaluate properties
5
(other than areas of the National Park System and National Historic Landmarks) for the National
Register. These criteria are worded in a manner to provide for a wide diversity of resources. The
following are the actual National Register Criteria for Evaluation.
Criterion A: Properties that are associated with events that have made a significant contribution to
the broad patterns of our history;
Criterion B: Properties that are associated with the lives of persons significant in our past;
Criterion C: Properties that embody the distinctive characteristics of a type, period, or method of
construction, that represent the work of a master, or that possess high artistic value, or that represent
a significant and distinguishable entity whose components may lack individual distinction;
Criterion D: Properties that have yielded, or may be likely to yield, information important in
prehistory or history.
Criteria consideration: Ordinarily cemeteries, birthplaces, or graves of historical figures,
properties owned by religious institutions or used for religious purposes, structures that have been
moved from their original locations, reconstructed historic buildings, properties primarily
commemorative in nature, and properties that have achieved significance within the past 50 years
shall not be considered eligible for the National Register. However, such properties shall qualify if
they are integral parts of districts that do meet the criteria or if they fall within the following
categories:
(a) a religious property deriving primary significance from architectural or artistic distinction or
historical importance; or
(b) a building or structure removed from its original location but which is significant primarily
for architectural value, or which is the surviving structure most importantly associated with
a historic person or event; or
(c) a birthplace or grave of a historical figure of outstanding importance if there is no other
appropriate site or building directly associated with his productive life; or
(d) a cemetery that derives its primary significance from graves of persons of transcendent
importance, from age, from distinctive design features, or from association with historic
events; or
(e) a reconstructed building when accurately executed in a suitable environment and presented
in a dignified manner as part of a restoration master plan, and when no other building or
structure with the same association has survived; or
(f) a property primarily commemorative in intent if design, age, tradition, or symbolic value has
invested it with its own historical significance; or
(g) a property achieving significance within the past 50 years if it is of exceptional importance.
SECRETARY – The Secretary of the Interior.
STATE HISTORIC PRESERVATION OFFICER – The official appointed or designated
pursuant to Section 101 (b)(1) of the Act to administer the State Historic Preservation program or a
6
representative designated to act for the State Historic Preservation Officer. For purposes of this
Agreement, the State Historic Preservation Officer shall refer to the Director and staff of the
Virginia Department of Historic Resources.
SURVEY – The process by which historic properties are documented according to the Standards of
the SHPO.
UNDERTAKING – A project, activity, or program funded in whole or in part under the direct or
indirect jurisdiction of a Federal agency, including those carried out by or on behalf of a Federal
agency; those carried out with Federal financial assistance; and those requiring a Federal permit,
license or approval.
7
APPENDIX 3 - SECRETARY OF THE INTERIOR’S STANDARDS FOR
REHABILITATION
REHABILITATION IS DEFINED AS the act or process of making possible a compatible use for
a property through repair, alterations, and additions while preserving those portions or features
which convey its historical, cultural, or architectural values.
1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to
the defining characteristics of the building and its site and environment.
2. The historic character of a property shall be retained and preserved. The removal of historic materials or
alteration of features and spaces that characterize a property shall be avoided.
3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a
false sense of historical development, such as adding conjectural features or architectural elements from
other buildings, shall not be undertaken.
4. Most properties change over time; those changes that have acquired historic significance in their own
right shall be retained and preserved.
5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize
a historic property shall be preserved.
6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration
requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and
other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated
by documentary, physical, or pictorial evidence.
7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be
used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means
possible.
8. Significant archaeological resources affected by a project shall be protected and preserved. If such
resources must be disturbed, mitigation measures shall be taken.
9. New additions, exterior alterations, or related new construction shall not destroy historic materials that
characterize the property. The new work shall be differentiated from the old and shall be compatible with the
massing, size, scale, and architectural features to protect the historic integrity of the property and its
environment.
10. New additions and adjacent or related new construction shall be undertaken in such a manner that if
removed in the future, the essential form and integrity of the historic property and its environment would be
unimpaired.
REHABILITATION AS A TREATMENT. When repair and replacement of deteriorated
features are necessary; when alterations or additions to the property are planned for a new or
continued use; and when its depiction at a particular period of time is not appropriate, Rehabilitation
may be considered as a treatment.
From the National Park Service website, http://www2.cr.nps.gov/tps/secstan1.htm.
8
APPENDIX 4 - STANDARDS CHECKLIST FORM
Work Write-up and Secretary of the Interior’s Standards Check List
for Rehabilitation and New Construction Projects:
Attachment to the Department of Historic Resources
Project Review Application
Please read the following instructions completely. If incomplete or inaccurate information is provided with your application,
delays in review will result.
This form is to be used to indicate whether work to be carried out as part of a proposed project involving preservation,
rehabilitation, restoration, or reconstruction will meet the Secretary of the Interior’s Standards for the Treatment of Historic
Properties. It is also to be used for projects involving new construction, to indicate whether the new construction will be
compatible with historic properties that it might affect. Please fill out the form in its entirety. If you check “Modification” under
the Proposed Treatment column, you must provide a complete explanation of what that modification will be and why it is the
chosen course of action. If that modification does not meet the Standards, you must provide a complete explanation (and, if
appropriate, a financial justification) of the economic or design constraints that preclude the project from meeting the Standards.
The Advisory Council on Historic Preservation has issued a Policy Statement on Affordable Housing and Historic Preservation
which allows for some flexibility on a case by case basis in the application of the Standards to affordable housing projects. See the
Advisory Council’s website (www.achp.gov) for the text of the Policy Statement. Attach additional pages as necessary.
This form must be accompanied by a completed Project Review Application form. Incomplete information on the Project
Review Application or this form will delay our review process and may result in return of the application. A work write-up or
scope of work may be provided as well, but cannot be substituted for the attached form. Architectural drawings, showing
exterior elevations for new construction and exterior and interior details for rehabilitation, are also required. Please see the
instructions accompanying the Project Review Application for additional information. If you have questions about what to
submit, please contact the Office of Review and Compliance at (804) 367-2323.
The Secretary of the Interior’s Standards for Rehabilitation are summarized on the following page. For more information on the
Standards and their application, see the web site at http://www2.cr.nps.gov/tps/standguide/index.htm. To meet the Standards,
work on historic properties must follow guidance in the series of technical information publications prepared by the National Park
Service, known as the Preservation Brief series. The Preservation Briefs, listed on Page 3, can be downloaded from the Internet at
http://www.cr.nps.gov/hps/tps/briefs/presbhom.htm. If Internet access is not available, copies of Preservation Briefs can be
obtained from the Department of Historic Resources, by calling 804-367-2323 (please specify which publication is needed, or
what topic is being addressed).
Some communities may, in consultation with DHR, develop alternative rehabilitation and/or new construction guidelines for
certain historic districts. If DHR has approved the use of alternate guidelines for your community, please make a note on the form
which guidelines are being followed and it will be understood that reference to the Standards on the following form will refer to
the approved alternate guidelines in place.
MAIL THIS FORM WITH THE PROJECT REVIEW APPLICATION TO:
Virginia Department of Historic Resources
Attention: Project Review
2801 Kensington Avenue, Richmond, VA 23221
9
1. A property shall be used for its historic purpose or be placed in a new use that requires
minimal change to the defining characteristics of the building and its site and environment.
2. The historic character of a property shall be retained and preserved. The removal of historic
materials or alteration of features and spaces that characterize a property shall be avoided.
3. Each property shall be recognized as a physical record of its time, place, and use. Changes
that create a false sense of historical development, such as adding conjectural features or
architectural elements from other buildings, shall not be undertaken.
4. Most properties change over time; those changes that have acquired historic significance in
their own right shall be retained and preserved.
5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that
characterize a historic property shall be preserved.
6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of
deterioration requires replacement of a distinctive feature, the new feature shall match the
old in design, color, texture, and other visual qualities and, where possible, materials.
Replacement of missing features shall be substantiated by documentary, physical, or
pictorial evidence.
7. Chemical or physical treatments, such as sandblasting, that cause damage to historic
materials shall not be used. The surface cleaning of structures, if appropriate, shall be
undertaken using the gentlest means possible.
8. Significant archeological resources affected by a project shall be protected and preserved. If
such resources must be disturbed, mitigation measures shall be undertaken.
9. New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property. The new work shall be differentiated from the old
and shall be compatible with the massing, size, scale, and architectural features to protect the
historic integrity of the property and its environment.
10. New additions and adjacent or related new construction shall be undertaken in such a
manner that if removed in the future, the essential form and integrity of the historic property
and its environment would be unimpaired.
SECRETARY OF THE INTERIOR’S STANDARDS FOR REHABILITATION
10
The following is a list of the Preservation Briefs. Each Preservation brief can be accessed online at the National Park
Service’s website: http://www2.cr.nps.gov/tps/briefs/presbhom.htm. If Internet access is not available, copies of
Preservation Briefs can be obtained from the Department of Historic Resources, and printed versions may be purchased
from the United States Government Printing Office.
01: The Cleaning and Waterproof Coating of Masonry Buildings
02: Repointing Mortar Joints in Historic Masonry Buildings
03: Conserving Energy in Historic Buildings
04: Roofing for Historic Buildings
05: The Preservation of Historic Adobe Buildings
06: Dangers of Abrasive Cleaning to Historic Buildings
07: The Preservation of Historic Glazed Architectural Terra-Cotta
08: Aluminum and Vinyl Siding on Historic Buildings: The Appropriateness of Substitute Materials for
Resurfacing Historic Wood Frame Buildings
09: The Repair of Historic Wooden Windows
10: Exterior Paint Problems on Historic Woodwork
11: Rehabilitating Historic Storefronts
12: The Preservation of Historic Pigmented Structural Glass (Vitrolite and Carrara Glass)
13: The Repair and Thermal Upgrading of Historic Steel Windows
14: New Exterior Additions to Historic Buildings: Preservation Concerns
15: Preservation of Historic Concrete: Problems and General Approaches
16: The Use of Substitute Materials on Historic Building Exteriors
17: Architectural Character - Identifying the Visual Aspects of Historic Buildings as an Aid to Preserving
Their Character
18: Rehabilitating Interiors in Historic Buildings - Identifying Character-Defining Elements
19: The Repair and Replacement of Historic Wooden Shingle Roofs
20: The Preservation of Historic Barns
21: Repairing Historic Flat Plaster - Walls and Ceilings
22: The Preservation and Repair of Historic Stucco
23: Preserving Historic Ornamental Plaster
24: Heating, Ventilating, and Cooling Historic Buildings: Problems and Recommended Approaches
25: The Preservation of Historic Signs
26: The Preservation and Repair of Historic Log Buildings
27: The Maintenance and Repair of Architectural Cast Iron
28: Painting Historic Interiors
29: The Repair, Replacement, and Maintenance of Historic Slate Roofs
30: The Preservation and Repair of Historic Clay Tile Roofs
31: Mothballing Historic Buildings
32: Making Historic Properties Accessible
33: The Preservation and Repair of Historic Stained and Leaded Glass
34: Applied Decoration for Historic Interiors: Preserving Historic Composition Ornament
35: Understanding Old Buildings: The Process of Architectural Investigation
36: Protecting Cultural Landscapes: Planning, Treatment, and Management of Historic Landscapes
37: Appropriate Methods of Reducing Lead-Paint Hazards in Historic Housing
38: Removing Graffiti from Historic Masonry
39: Holding the Line: Controlling Unwanted Moisture in Historic Buildings
40: Preserving Historic Ceramic Tile Floors
41: The Seismic Retrofit of Historic Buildings: Keeping Preservation in the Forefront
42: The Maintenance, Repair, and Replacement of Historic Cast Stone
43: The Preparation and Use of Historic Structure Reports
44: The Use of Awnings on Historic Buildings: Repair, Replacement and New Design
45: Preserving Historic Wooden Porches
46: The Preservation and Reuse of Historic Gas Stations
47: Maintaining the Exterior of Small and Medium Size Historic Buildings
NATIONAL PARK SERVICE’S PRESERVATION BRIEFS
11
WORK WRITE-UP AND STANDARDS CHECK LIST
Property Address : __________________________________
Lead Agency/Contact Person: _________________________
Program Name: ________________________________________
EXTERIOR (FOR BOTH NEW CONSTRUCTION AND REHABILITATION)
Property
component
Proposed treatment Does proposed
treatment meet
the Standards? Impact Description of Modification
Roof
No impact
Repair
Replace in
kind
Modification
Yes
No
Exterior
cladding
No impact
Repair
Replace in
kind
Modification
Yes
No
Windows
No impact
Repair
Replace in
kind
Modification
Yes
No
Doors
No impact
Repair
Replace in
kind
Modification
Yes
No
Porch roof
No impact
Repair
Replace in
kind
Modification
Yes
No
Porch ceiling
No impact
Repair
Replace in
kind
Modification
Yes
No
12
Property
component
Proposed treatment Does proposed
treatment meet
the Standards? Impact Description of Modification
Porch floor
No impact
Repair
Replace in
kind
Modification
Yes
No
Porch posts
No impact
Repair
Replace in
kind
Modification
Yes
No
Porch railing
No impact
Repair
Replace in
kind
Modification
Yes
No
Porch steps
No impact
Repair
Replace in
kind
Modification
Yes
No
Porch other:
(describe)
No impact
Repair
Replace in
kind
Modification
Yes
No
Chimney
No impact
Repair
Replace in
kind
Modification
Yes
No
Cornice
No impact
Repair
Replace in
kind
Modification
Yes
No
13
Property
component
Proposed treatment Does proposed
treatment meet
the Standards? Impact Description of Modification
Soffit
No impact
Repair
Replace in
kind
Modification
Yes
No
Other exterior
trim:
(describe)
No impact
Repair
Replace in
kind
Modification
Yes
No
INTERIOR (FOR REHABILITATION PROJECTS ONLY)
Property
component
Proposed treatment Does proposed
treatment meet
the Standards? Impact Description of Modification
Floorplan
No impact
Repair
Replace in
kind
Modification
Yes
No
Walls
No impact
Repair
Replace in
kind
Modification
Yes
No
Floors
No impact
Repair
Replace in
kind
Modification
Yes
No
Ceilings
No impact
Repair
Replace in
kind
Modification
Yes
No
14
Property
component
Proposed treatment Does proposed
treatment meet
the Standards? Impact Description of Modification
Stairs
No impact
Repair
Replace in
kind
Modification
Yes
No
Door/window
trim
No impact
Repair
Replace in
kind
Modification
Yes
No
Baseboard trim
No impact
Repair
Replace in
kind
Modification
Yes
No
Other trim:
(describe)
_______________
No impact
Repair
Replace in
kind
Modification
Yes
No
Mantels
No impact
Repair
Replace in
kind
Modification
Yes
No
Paneling
No impact
Repair
Replace in
kind
Modification
Yes
No
Other interior
architectural
detail:
(describe)
No impact
Repair
Replace in
kind
Modification
Yes
No
15
Property
component
Proposed treatment Does proposed
treatment meet
the Standards? Impact Description of Modification
Mechanical
systems (HVAC,
plumbing,
electrical, etc.)
No impact
Repair
Replace in
kind
Modification
Yes
No
Other:
(describe)
No impact
Repair
Replace in
kind
Modification
Yes
No
SITE WORK (FOR BOTH NEW CONSTRUCTION AND REHABILITATION)
Property
component Proposed treatment Does proposed
treatment meet
the Standards? Impact Description of Modification
Fences/walls
No impact
Repair
Replace in
kind
Modification
Yes
No
Paving
(sidewalks,
parking, etc.)
No impact
Repair
Replace in
kind
Modification
Yes
No
Landscaping
No impact
Repair
Replace in
kind
Modification
Yes
No
Other:
(describe)
No impact
Repair
Replace in
kind
Modification
Yes
No
Meeting Date
April 2, 2013
Department
Administration
Issue
Briefing on Agreement between the Virginia Department of Housing and Community
Development and the Town accepting the $700,000 Downtown and Economic Revitalization
Grant from the 2012 CDBG funds
Summary
The Virginia Department of Housing and Community Development requires the Town of Vinton
to sign an Agreement to accept the Community Development Block Grant and to proceed with
the Downtown Revitalization Project. Due to the comments from DHR, the timeframe for
signing of the Contract will be pushed back to May 8, 2013 (30 day extension). It is important
for Council to review the document and be potentially ready to take action at the April 30, 2013
meeting so the agreement can be signed.
Timeline:
April 1, 2013 – ERR sent to VDHCD for review
April 2, 2013 – first review of contract
April 8, 2013 – Ok to publish FONSI/RROF from VDHCD based on approved ERR and budget
April 22, 2013 – Programmatic Agreement letters received from Organizations
April 22, 2013 – Last day to publish FONSI/RROF for 15 day comment period
May 8, 2013 – Sign contract
Attachments
Draft Contract Agreement
Recommendations
No action required
Town Council
Agenda Summary
1 03-02/REV11-08
CONTRACT #12-31
AGREEMENT
This AGREEMENT, entered into as of this 27th day of March, 2013, by and between the
Virginia Department of Housing and Community Development hereinafter referred to as
"DHCD" and the Town of Vinton hereinafter referred to as "GRANTEE."
WITNESSETH
WHEREAS, the Commonwealth of Virginia has been authorized to distribute and administer
Community Development Block Grant (CDBG) funds pursuant to the Housing and Community
Development Act of 1974, as amended, and
WHEREAS, DHCD has been authorized by the Governor of the Commonwealth of Virginia to
distribute and administer CDBG funds in the form of COMMUNITY IMPROVEMENT
GRANTS (CIG) according to the CDBG Program Design, and
WHEREAS, the PROJECT as described in the Community Improvement Grant Proposal as
submitted by the GRANTEE has achieved a sufficiently high ranking through a competitive
proposal selection system to qualify for Community Improvement Grant funding on the basis of
the CDBG Program Design,
Now THEREFORE, the above-mentioned parties hereto do mutually agree as follows:
1. DHCD agrees to award the GRANTEE a COMMUNITY IMPROVEMENT GRANT in an
amount of the total allowable, eligible costs in carrying out the ACTIVITIES included in
Products herein described not to exceed $700,000 (Seven hundred thousand dollars).
2. DHCD agrees to provide the GRANTEE with technical assistance in setting up and
carrying out the administration of its COMMUNITY IMPROVEMENT GRANT.
3. The GRANTEE will commence, carry out and complete the following Products (more
thoroughly described in the GRANTEE'S CIG Proposal).
PROJECT TITLE: Vinton Downtown Revitalization Project
OUTCOMES: Downtown revitalization through the elimination of physical
blight, removal of barriers to economic revitalization, promotion
of private economic investment and redefinition of the town’s
economic base. This project will assist the town to become a
stronger regional partner, improve the climate for local businesses
and revitalize the area for residents and visitors.
BENEFITS: Streetscape and landscape improvements, eleven blighted
facades will be improved and four FTE jobs created, three of which
will be low- to moderate-income persons, creation of downtown
shopping and dining guides including marketing for the Farmers
Market, and administer a revolving loan fund for area businesses.
2 03-02/REV11-08
PRODUCT(S):
A. Updating and implementation of the Town’s economic restructuring plan to ensure
the long-term sustainability of the downtown;
B. Carry out façade improvements to 11 blighted building facades (CDBG and non-
CDBG funds );
C. Set up and administer a revolving loan fund ($100,000) for project area businesses
to assist new or existing businesses via loans to eligible entrepreneurs and
corresponding creation of at least 4 FTE jobs through those loans, at least 3 of
which must be for LMI persons. (CDBG funds);
D. Construct landscaping, sidewalk, lighting, parking upgrade improvements to the
Vinton Farmers’ Market (CDBG funds);
E. Construct crosswalk improvements at Washington and Pollard Streets (CDBG
funds) ;
F. Construct gateway improvements at Virginia Avenue/Pollard Street (CDBG funds);
G. Construct/install streetscape and landscape improvements to include lighting,
directional and way-finding signage, parking areas, trees, demolition of storage
sheds, etc. (CDBG and non-CDBG funds); and,
H. Creation of downtown shopping and dining guide; marketing for Farmers Market.
3 03-02/REV11-08
4. The aforementioned PROJECT shall be carried out, and grant payments made in strict
conformance with the CONTRACT DOCUMENTS.
5. The GRANTEE will use the lesser of (1) the amount specified above, or (2) if, at total
PROJECT completion, there are cost under runs or project savings, these costs shall revert
to the Department of Housing and Community Development and other funding sources
committed to the PROJECT in the CIG proposal on a proportional basis, unless superseded
by other federal program requirements. In no case will leveraged funds be returned beyond
that amount which would have changed the PROJECT'S ability to be funded initially.
6. The GRANTEE will initiate the PRODUCT(S) required by the CONTRACT
DOCUMENTS beginning March 27, 2013, unless grant Special Conditions require
additional action on specified PRODUCT(S) before proceeding with that PRODUCT(S).
In such instances the GRANTEE will initiate action relative to removal of the Special
Conditions beginning with the execution of this AGREEMENT.
7. The GRANTEE shall complete the work as described in the CONTRACT DOCUMENTS
within 24 months of the execution of this AGREEMENT, or more specifically on or before
March 26, 2015. If the PRODUCTS are not completed by that date all CIG funding and
this AGREEMENT shall be terminated and the Grantee shall return all unexpended funds,
unless an amendment to the CONTRACT DOCUMENT provides otherwise.
8. DHCD agrees to make payment to the GRANTEE upon receipt of a properly completed
and signed invoice. Requests for Payment may be made, allowing approximately
twenty-one days to receive the funds. Funds are to be immediately disbursed by the
GRANTEE and shall not be deposited in an interest-bearing account.
9. The term CONTRACT DOCUMENTS means the following documents which are a part of
this AGREEMENT and are incorporated by reference herein as if set out in full.
A. GRANTEE'S CIG Proposal (including revisions);
B. AGREEMENT;
C. SPECIAL CONDITIONS;
D. GENERAL CONDITIONS;
E. ASSURANCES;
F. AMENDMENTS;
G. CIG GRANT MANAGEMENT MANUAL (Those items specified as being
required);
H. CIG CONTRACT NEGOTIATION RECORD;
I. PROJECT MANAGEMENT PLAN;
J. PROGRAM INCOME PLAN; and
K. ANY PROJECT SPECIFIC PLAN AND/OR PROGRAM DESIGN.
4 03-02/REV11-08
In witness whereof, the parties hereto have executed or caused to be executed by their duly
authorized official this AGREEMENT in duplicate, each copy of which will be deemed an
original.
COMMONWEALTH OF VIRGINIA,
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
BY: __________________________________________ DATE:
Lisa A. Atkinson, Deputy Director
City of Richmond,
Commonwealth of Virginia
I do certify that Lisa A. Atkinson personally appeared before me and made oath that she is
Deputy Director of the Department of Housing and Community Development and that she is
duly authorized to execute the foregoing document.
My commission expires: ________________________.
Given under my hand this ______day of ____________, 201 .
________________________________
Notary Public Registration Number
TOWN OF VINTON
BY: __________________________________________ DATE:
Christopher S. Lawrence, Town Manager
City/County/Town of ______________________________,
Commonwealth of Virginia
I do certify that _____________________________________ personally appeared before me
and made oath that he/she is _______________________________ of the
__________________________ and that he/she is duly authorized to execute the foregoing
document.
My commission expires: ________________________.
Given under my hand this ______day of ____________, 201 .
________________________________
Notary Public Registration Number
5 03-02/REV11-08
SPECIAL CONDITIONS
1. Notwithstanding the effective date of this contract, March 27, 2013, eligible administrative
expenses not to exceed $3,000 incurred prior to this date have been approved for
reimbursement. The effective date of this authorization is December 1, 2012.
2. A total of $1,417,772 in leverage funds is committed to this project by the GRANTEE.
Sources of funds are as follows:
Town/County (Library Site) $1,255,000
Town/County (Façade Improvements) 33,534
Town (Site Rehab) 41,800
Private Match (Facades) 87,838
Local Foundation 19,600 ??
These funds shall be expended prior to or in proportion to Community Improvement Grant
Funds within the budget, per activity.
Documentation on the expenditure of these funds shall be maintained by the GRANTEE
and reported to DHCD with each monthly report and at project closeout.
3. The Project Management Team shall meet regularly (at least monthly) to properly monitor
the Project’s progress. The Team will review its Project Management Plan to determine if
the project is being implemented according to the projected plan. The plan will be updated
promptly in recognition of a deviation from projections and DHCD will be notified.
4. DHCD reserves the right to end funding at any point should the project prove nonviable.
This includes, but may not be limited to, lack of progress in conformance with the
approved Project Management Plan.
5. Monthly progress reports must be submitted to DHCD. These reports mus t document
funds expended and obligated to date and the actions taken on key benchmarks that support
the successful completion of the project.
6. DHCD reserves the right to receive additional documentation pertaining to construction,
professional service, non-professional service or other contracts obligating CDBG funds
prior to approving drawdown requests.
6 03-02/REV11-08
GENERAL CONDITIONS
1. DEFINITIONS - Whenever used in the CONTRACT DOCUMENTS the following terms
when written in all capital letters shall have the meanings indicated and shall be applicable
to both the singular and plural thereof:
A. AMENDMENT - A formal addition or modification to the CONTRACT
DOCUMENTS which has been approved in writing by both parties, and which
affects the scope, objectives or completion date of the PROJECT, or which affects the
manner in which the PROJECT is to be carried out.
B. APPLICANT - The entity which made the proposal for COMMUNITY
IMPROVEMENT GRANT funding and accepted responsibility for assuring
compliance and performance of all conditions.
C. ASSURANCES - The ASSURANCES which are attached to this document.
D. COMMUNITY IMPROVEMENT GRANT (CIG) - The funds, the PROJECT and
PRODUCTS to be funded, and all conditions, laws and regulations affecting
administration of funds currently in effect or as subsequently amended, and provided
by DHCD to the GRANTEE from Community Development Block Grant funds
allocated by the U.S. Department of Housing and Urban Development.
E. CONTRACT DOCUMENTS - The legal agreement between DHCD and the
GRANTEE including the AGREEMENT and all documents referenced in paragraph
9 thereof.
F. GRANTEE – The entity which is the recipient of CIG funds and as such must comply
with CONTRACT DOCUMENTS.
G. MANUAL - The Community Improvement Grant Management Manual, which
contains required forms and instructions for the administration of CIG's and provides
required and non-required procedures for project management.
H. PRODUCT – A PROJECT activity which constitutes a specific portion of the
PROJECT, and as such is covered by its own budget.
I. PROJECT - The physical activities undertaken to meet the overall stated objective for
which CIG funding is utilized.
J. PROJECT MANAGEMENT PLAN - A plan prepared by the Grantee, which
identifies roles, responsibilities, method of contract administration and oversight, key
dates for task implementation and completion, analysis of potential problems and
management organization.
K. WORK - All labor, equipment and materials necessary to produce the construction of
the PROJECT as required by the CONTRACT DOCUMENTS.
7 03-02/REV11-08
L. WRITTEN NOTICE - Any notice from one party to the AGREEMENT to the other
signed by an authorized official which transmits binding statements of fact or
condition and is delivered to the appropriate authorized official either in person or
through the United States mail.
2. ADMINISTRATIVE PROCEDURES - The GRANTEE shall perform all contracted
WORK and administer all grant funds and activities in conformance with the general terms
and special conditions set forth where required in DHCD's MANUAL, and any WRITTEN
NOTICES from DHCD.
3. ACCOUNTING RECORDS - The GRANTEE shall establish and maintain separate
accounts within its existing accounting system or set up accounts independently which are
in conformity with the requirements of the Code of Federal Regulations (24 CFR Part 85),
the DHCD MANUAL requirements and any WRITTEN NOTICES from DHCD. The
GRANTEE shall record in its accounting system all Grant payments received by it pursuant
to this Grant and all other funds provided for, accruing to, or otherwise received on account
of the Grant.
All costs, including paid services contributed by the GRANTEE or others, charged to the
Grant shall be supported by properly executed payrolls, time records, invoices, contracts, or
vouchers evidencing in proper detail the nature and propriety of the charges. All checks,
payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in
whole or in part to the Grant shall be clearly identified, readily accessible, and separate and
distinct from all other such documents. Such documents shall reside at the offices of the
GRANTEE locality.
4. COSTS INCURRED PRIOR TO GRANT AGREEMENT EXECUTION - No costs
incurred prior to the execution of the AGREEMENT shall be eligible for reimbursement
with Grant funds, unless such incurred costs are authorized in writing by DHCD.
5. PROGRAM BUDGET - The GRANTEE shall carry out activities and incur costs only in
conformance with the latest approved budget for the Grant and subject to the provisions of
these CONTRACT DOCUMENTS. The budget may be revised through Administrative
Procedures detailed in the MANUAL, but no such budget or revision shall be effective
unless and until the Department shall have approved the same in writing or as indicated in
item 16 of these General Conditions.
6. RECORDS - The GRANTEE shall maintain such records in such a manner as prescribed in
the MANUAL. Records shall be readily accessible to DHCD, appropriate State and
Federal agencies, and the general public during the course of the project and shall remain
intact and accessible for five years from final closeout. Except if any litigation claim or
audit is started before the expiration of the five year period the records shall be retained
until such action is resolved. Notwithstanding, records of any nonexpendable property
must be retained for a five year period following final disposition.
8 03-02/REV11-08
7. REPORTS - The GRANTEE shall furnish, regularly and in such form as DHCD may
require, reports concerning the status of project activities and grant funds. Such reports
shall be submitted in the form and manner as prescribed in the MANUAL and in
WRITTEN NOTICES from DHCD.
All reports shall be completed in full and submitted at the time prescribed by DHCD.
Reports shall contain accurate information and shall detail any problems, delays or adverse
conditions experienced.
8. QUALITY CONTROL - The GRANTEE accepts the responsibility to assure that all grant
funded PRODUCTS shall be implemented with the highest possible degree of competence,
workmanship, quality and cost effectiveness. To this end the GRANTEE shall provide a
system of quality control to include all aspects of grant administration and project
implementation.
The GRANTEE shall obtain a certification of inspection and final completion signed by the
project engineer or by the person responsible for quality control at the completion of each
construction ACTIVITY.
9. COMMUNICATIONS - WRITTEN NOTICES shall constitute the only means of binding
statements of fact or condition between the parties of this agreement. All required reports
and requests to be issued by the GRANTEE must be made by way of a WRITTEN
NOTICE unless other means are specified in the CONTRACT DOCUMENTS. Please
note that project-specific technical assistance provided via email does NOT have the
weight of official WRITTEN NOTICE. Rather, it is comparable to oral technical assistance
discussions. All directives, findings and other formal issuance by DHCD must be
transmitted through a WRITTEN NOTICE unless otherwise specified in the CONTRACT
DOCUMENTS.
WRITTEN NOTICES shall be signed by and addressed to the appropriate authorized
official and shall be considered transmitted when delivered in person or through the United
States mail.
The GRANTEE shall act upon and respond to WRITTEN NOTICES promptly as directed.
10. ACCESS TO BENEFITS - No access or connection fees shall be charged to low- and
moderate-income persons for access to improvements or benefits provided by grant funds.
All low- and moderate-income persons identified in the proposal shall be assured access to
and use of grant assisted improvements by regular user charges for the specified service.
11. BENEFITS - The PROJECT shall be implemented in such a manner so as to provide
benefits to all persons identified in the project proposal. Affirmative steps shall be taken to
assure direct benefit to low- and moderate-income persons in the number and extent
identified in the proposal.
12. PROGRAM INCOME - Any income derived from activities financed with grant funds is
program income and shall be utilized in the following manner:
9 03-02/REV11-08
A. Program income earned during the life of the grant is considered Active Program
Income. It must be tracked by contract year. A contract ye ar begins with the
effective date of the contract and concludes 364 days later. Grantees shall track all
Program Income based on the date that it is earned and report said amounts to DHCD
when requested. When Active Program Income exceeds $25,000 in any given
contract year, 100% of that income earned must be spent immediately for eligible
project expenses in lieu of drawing down funds. The Grantee may be able to access
the total amount of CDBG funds in the grant agreement provided the Grantee has an
approved Program Income Plan, the project is completed in a timely manner, and
there are eligible project expenses that can be incurred in delivering products
consistent with the CDBG grant agreement.
When Active Program Income is less than $25,000 in a given contract year, it does
not have to be expended immediately. It may be held in an interest bearing account.
The Active Program Income and interest earned from it must be tracked by the
Grantee. All Active Program Income earned in given program years in amounts of
under $25,000 per year can accumulate until the end of the project. The cumulative
amount of these funds shall be used on eligible CDBG project activities at the end of
the project. In these cases, the Grantee may use the program income in addi tion to the
total amount of CDBG funds in the grant agreement provided the Grantee has an
approved Program Income Plan, the project is completed in a timely manner, and
there are eligible project expenses that can be incurred in delivering products
consistent with the CDBG grant agreement. Funds remaining at Administrative
Closeout of the grant must be returned to DHCD.
B. Income earned after Administrative Closeout is considered Inactive Program Income.
Inactive Program Income must be returned to DHCD, unless DHCD has approved a
Program Income Plan. Program Income Plans will only be approved when the Plan
proposes to continue the same activity in the same location that originally produced
the program income. Inactive Program Income may be accumulated indefinitely and
for undetermined amounts until such time that the balance has reached a level to
undertake CDBG eligible activities designated in the approved Program Income Plan
that governs the expenditures of Inactive Program Income. Grantees must report
program expenditures and receipts to DHCD for any year where more than $25,000 is
received.
13. CONTRACT SECURITY - The GRANTEE shall secure all materials and equipment,
purchased or paid for with grant funds through insurance coverage of the full value of the
same.
All persons contracted, employed or otherwise utilized in the grant and having
responsibility for the management, disposition, expenditure or use of Grant funds shall be
bonded by a surety registered to do business in the Commonwealth of Virginia in an
amount commensurate with their authority and potential liability.
10 03-02/REV11-08
14. METHOD AND TIMING OF PAYMENT - The GRANTEE shall utilize Request for
Payment procedures as specified in the MANUAL. The GRANTEE shall request funds
only for those amounts which have been obligated, encumbered or expended through other
accounts and which can be expended upon receipt or soon thereafter. To this end, the
GRANTEE shall develop a financial management system which provides for timely
expenditure of requested grant funds.
15. DRAWDOWN AND PAYMENT OF GRANT FUNDS - Drawdowns and expenditure of
CDBG funds must be made subsequent to or in proportion to other funds within the budget
per activity, and in accord with an agreed-upon pay-for-performance schedule.
16. BUDGET REVISIONS/AMENDMENTS - The GRANTEE shall not obligate, encumber,
spend or otherwise utilize CIG funds for any activity or purpose not included or not in
conformance with the budget as apportioned and as submitted to DHCD unless the
GRANTEE has received explicit approval by WRITTEN NOTICE from DHCD to
undertake such actions.
17. CHANGE ORDERS - DHCD must approve all change orders on construction contracts.
Any change order, regardless of cost, which results in a change of project scope, will be a
disallowed cost.
18. TERMINATION, SUSPENSION, CONDITIONS -
A. FOR CAUSE - If through any cause, the GRANTEE or DHCD fails to comply with
the terms, conditions or requirements of the CONTRACT DOCUMENTS the other
party may terminate or suspend this AGREEMENT by giving WRITTEN NOTICE
of the same and specifying the effective date of termination or suspension at least five
(5) days prior to such action.
If, after the effective date of any suspension of this AGREEMENT, it is mutually
agreeable to DHCD and the GRANTEE upon remedy of any contract violation by the
GRANTEE or DHCD, the suspension may be lifted and the AGREEMENT shall be
in full force and effect at a specified date after the parties have exchanged WRITTEN
NOTICES stating a mutual understanding that the cause for suspension has been
identified, agreed to and remedied.
In the case of contract violations by the GRANTEE, DHCD may impose conditions
other than termination or suspension which are appropriate to ensure proper grant and
project administration and adherence to the terms of the CONTRACT
DOCUMENTS. Such conditions must be imposed through WRITTEN NOTICE.
B. FOR CONVENIENCE - DHCD may terminate this AGREEMENT for convenience
in the event that DHCD is no longer authorized as an agency to admi nister the CDBG
program or if the federal funds allocated are no longer available.
11 03-02/REV11-08
The GRANTEE may terminate this AGREEMENT for convenience at any time
provided that all of the following conditions are met:
i. The GRANTEE gives DHCD ten (10) days WRITTEN NOTICE; and
ii. The PRODUCTS which have been initiated either have been completed and
may be utilized in their stage of completion in a manner consistent with the
objectives in the GRANTEE’S CIG Proposal, or will be completed by the
GRANTEE through its own or other resources; and
iii. The GRANTEE had honored or will honor all contractual obligations to third
parties affected by the PROJECT; and
iv. DHCD agrees to the termination.
A GRANTEE’S valid termination for convenience in accordance with these
CONTRACT DOCUMENTS shall not affect nor prejudice the GRANTEE’S future
relationship with DHCD nor its future consideration as a CIG recipient.
19. SUBSEQUENT CONTRACTS - The GRANTEE shall remain fully obligated under the
provisions of the CONTRACT DOCUMENTS notwithstanding its designation of any
subsequent or third parties for the undertaking of all or part of the PRODUCTS for which
the Grant assistance is being provided to the GRANTEE.
Any GRANTEE or CONTRACTOR or SUBCONTRACTOR which is not the
APPLICANT shall comply with all the lawful requirements of the APPLICANT necessary
to ensure that the PROJECT for which this assistance is being provided under this
AGREEMENT is carried out in accordance with the APPLICANT'S Assurances and
Certifications.
Grantees shall obtain a financial disclosure report from all contractors, subcontractors,
developers, and consultants which certifies the financial interest of all officers, directors,
principal stockholders, or other persons who will have a $50,000 or 10 percent or greater
interest in the contract whichever is lower.
20. POLITICAL ACTIVITY PROHIBITED - None of the funds, materials, property or
services contributed by the DHCD or the GRANTEE, under this AGREEMENT, shall be
used in the performance of this AGREEMENT for any partisan political activity, or to
further the election or defeat of any candidate for public office.
21. INTEREST OF MEMBER OF AGENCY AND OTHERS - No officer, member, or
employee of the GRANTEE and no member of its governing body, and n o other public
official of the governing body of the locality or localities in which the PROJECT is situated
or being carried out, who exercises any functions or responsibilities in the review or
approval of the undertaking or carrying out of this PROJECT shall participate in any
decision relating to this AGREEMENT which affects his personal interest or have any
12 03-02/REV11-08
personal or pecuniary interest, direct or indirect, in this AGREEMENT or the proceeds
thereof.
22. OFFICIALS NOT TO BENEFIT - No member of or delegate to the Congress of the United
States of America and no Resident Commissioner shall be admitted to any share or part
hereof or to any benefit to arise therefrom.
23. CERTIFICATIONS - The GRANTEE certifies that it will comply with the following:
A. Freedom of Information Act;
B. Virginia Conflict of Interest Act; and
C. Virginia Fair Employment Contracting Act.
24. BENEFICIARIES - There are no third party beneficiaries of this AGREEMENT. The
provisions contained in these CONTRACT DOCUMENTS represent the entire
AGREEMENT between DHCD and the GRANTEE. The provisions are designed to assist
in meeting the community needs of the GRANTEE identified in the GRANTEE’S CIG
proposal, but are not designed to accrue to the specific benefit of any individual person or
entity residing or located in the GRANTEE’S community or elsewhere. Consequently, the
terms of these CONTRACT DOCUMENTS may be enforced by DHCD or the GRANTEE
exclusively and not by any individual person or entity residing or located in the
GRANTEE’S community or elsewhere as a third-party beneficiary of this contract.
13 03-02/REV11-08
ASSURANCES/CERTIFICATIONS
The GRANTEE hereby assures and certifies that:
1. It possesses legal authority to execute the PROJECT.
2. Its governing body has duly adopted or passed as an official act a resolution, motion, or
similar action authorizing the filing of the PROJECT proposal including all understandings
and assurances contained therein, and directing and authorizing the person identified as the
official representative of the GRANTEE to act in connection with the PROJECT proposal
and to provide such additional information as may be required.
3. Its chief executive officer or other officer of GRANTEE approved by the Virginia
Department of Housing and Community Development:
a. Consents to assume the status of a responsible Federal official under the National
Environmental Policy Act of 1969 (NEPA) and other provisions of Federal law, as
specified at 24 CFR 58.5(a) through (h) which further the purposes of NEPA insofar
as the provisions of such Federal law apply to this Grant;
b. Is authorized and consents on behalf of the GRANTEE and himself to accept the
jurisdiction of the Federal and Commonwealth of Virginia courts for the purpose of
enforcement of his responsibilities as such an official.
4. It will comply with the regulations, policies, guidelines and requirements of the Code of
Federal Regulations (24 CFR Part 85), OMB Circular A-133 and OMB Circular A-87, as
amended or replaced from time to time, as they relate to the PROJECT, acceptance, and
use of Federal funds under this Grant; and, as applicable, all State laws and administrative
requirements which may supersede them (by virtue of being more stringent).
5. It will comply with the provisions of Executive Order 11988, relating to evaluation of flood
hazards and Executive Order 12088 relating to the prevention, control and abatement of
water pollution.
6. It will require buildings or facilities designed, constructed, or altered with funds provided
under this Grant to comply with the "American Standard Specifications for Making
Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped,"
Number A-117.1-R 1980, or Uniform Federal Accessibility Standards (UFAS) in
accordance with the Virginia Uniform Statewide Building Code. The GRANTEE will be
responsible for conducting inspections to insure compliance with these specifications by
the contractor.
7. It will not recover the capital costs for public improvements financed in whole or in part
with CDBG funds through assessments against properties owned and occupied by low- and
moderate- income persons nor will fees or assessments be charged to such persons as a
condition of obtaining access to the public improvements. (Per section 104(b) (5) of Title I
Housing and Community Development Act of 1974, as amended.)
14 03-02/REV11-08
8. In accordance with Section 104(l) of Public Law 93-383 the Housing and Community
Development Act, as amended, certifies that: it has adopted and is enforcing a policy
prohibiting the use of excessive force by law enforcement agencies within its jurisdiction
against any individuals engaged in nonviolent civil rights demonstrations and a policy of
enforcing applicable State and local laws against physically barring entrance to or exit from
a facility or location which is subject of such nonviolent civil rights demonstration within
its jurisdiction.
9.
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any 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 any
Federal contract, the making of any Federal grant, 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.
b. 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
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 undersigned shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
c. The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subgrantees
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
10. It will comply with:
a. Title VI of the Civil Rights Act of 1964 (Pub. L 88-352), and the regulations issued
pursuant thereto (24 CFR Part 1), which provides that no person in the United States
shall on the grounds of race, color, or national origin, be excluded from participation
in, be denied the benefits of, or be otherwise subjected to discrimination under any
program or activity for which the grantee receives Federal financial assistance and
will immediately take any measure necessary to effectuate this assurance. If any real
property or structure thereon is provided or improved with the aid of Federal financial
15 03-02/REV11-08
assistance extended to the grantee, this assurance shall obligate the grantee, or in the
case of any transfer of such property, any transferee, for the period during which the
real property or structure is used for a purpose for which the Federal financial
assistance is extended or for another purpose involving the provision of similar
services or benefits.
b. Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended,
administering all programs and activities relating to housing and community
development in a manner to affirmatively further fair housing; and will take action to
affirmatively further fair housing in the sale or rental of housing, the financing of
housing, and the provision of brokerage services.
c. Section 109 of Title I of the Housing and Community Development Act of 1974, as
amended, and the regulations issued pursuant thereto (24 CFR Part 570.602), which
provides that no person in the United States shall, on the grounds of race, color,
national origin, or sex, be excluded from participation in, be denied the benefits of, or
be subjected to discrimination under, any program or activity funded in whole or part
with funds provided under this Grant. Any prohibition against discrimination on the
basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise
qualified handicapped individual as provided in Section 504 of the Rehabilitation Act
of 1973 shall also apply to this Grant.
d. Executive Order 11063 on equal opportunity in housing and nondiscrimination in the
sale or rental of housing built with Federal assistance.
e. Executive Order 11246, and the regulations issued pursuant thereto (41 CFR Chapter
60), which provides that no person shall be discriminated against on the basis of race,
color, religion, sex or national origin in all phases of employment during the
performance of Federal or federally assisted construction contracts. Contractors and
subcontractors on Federal and federally assisted construction contracts shall take
affirmative action to insure fair treatment in employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or
other forms of compensation and selection for training and apprenticeship.
f. Section 906 of Public Law 100-625 (Cranston-Gonzalez National Affordable
Housing Act) which prohibits discrimination on the basis of religion or religious
affiliation. No person shall be excluded from participation in, denied the benefit of,
or be subjected to discrimination under any program or activity funded in whole or in
part with CDBG funds on the basis of his or her religion or religious affiliation.
11. It will comply with Section 3 of the Housing and Urban Development Act of 1968, as
amended, requiring that to the greatest extent feasible opportunities for training and
employment be given to lower-income residents of the project area and contracts for work
in connection with the project be awarded to eligible business concerns which are located
in, or owned in substantial part by, persons residing in the area of the PROJECT.
16 03-02/REV11-08
12. It will in the acquisition of real property and in the process of relocation:
a. Be guided, to the greatest extent practicable under State law, by the land acquisition
policies in Sections 301 and 302 of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970; as amended, and
b. Pay or reimburse property owners for necessary expenses as specified in Section 303
and 304 of the Uniform Act; and
c. Comply with the applicable Sections (202 through 205) of Title II (rel ocation
assistance) of the Uniform Act in providing relocation payments and relocation
assistance; and
d. Comply with U.S. Department of Transportation regulations at 49 CFR Part 24 and in
implementing the requirements, it will:
i Carry out the policies and procedures of Part 24 in a manner that insures that the
acquisition and relocation processes do not result in different or separate
treatment to persons on account of race, color, religion, sex, national origin, or
source of income; and
ii. Assure that, within a reasonable period of time prior to displacement,
comparable decent, safe and sanitary replacement dwellings will be available to
all displaced families and individuals and that the range of choices available to
such persons will not vary on account of race, color, religion, sex, national
origin, or source of income; and
iii. Inform affected persons of their rights under the policies and procedures set
forth under the regulations in Part 24, including their rights under Title VI of the
Civil Rights Act of 1964 and Title VIII of the Civil Rights Act of 1968, as
amended.
iv. Comply with Executive Order 12830, Governmental Actions and Interference
with Constitutionally Protected Property Rights, and
e. It will implement and follow a "Residential Anti-Displacement and Relocation
Assistance Plan," in accordance with Section 104(d) of the Housing and Community
Development Act of 1974, as amended and 24 CFR Section 570.496 a(b).
f. It will comply with applicable Section 104(d) of the Housing and Community
Development Act in providing relocation payments and relocation assistance.
13. PRIVATE GAIN - It will establish safeguards to prohibit employees from using positions
for a purpose that is or gives the appearance of being motivated by a desire for private ga in
for themselves or others, particularly those with whom they have family, business, or other
ties.
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14. It will comply with the provisions of the Hatch Act which limits the political activity of
employees.
15. It will administer and enforce the provisions of the Davis-Bacon Act as amended and the
Contract Work Hours and Safety Standards Act as set forth in the manual, Community
Improvement Grant Management Manual.
16. It will give the Virginia Department of Housing and Community Development and the
Comptroller General through any authorized representatives access to and the right to
examine all records, books, papers, or documents related to the grant.
17. It will ensure that facilities under its ownership, lease or supervision which shall be utilized
in the accomplishment of the PROJECT are not listed on the Environmental Protection
Agency's (EPA) list of Violating Facilities and that it will notify the Virginia Department
of Housing and Community Development of the receipt of any communication from the
Director of the EPA Office of Federal Activities indicating consideration for listing by the
EPA.
18. It will comply with the flood insurance purchase requirements of Section 102 (a) of the
Flood Disaster Protection Act of 1973, Pub. L. 93-234, 87 Stat. 975, approved December
31, 1973. Section 103 (a) required, on and after March 2, 1974, the purchase of flood
insurance in communities where such insurance is available as a condition for the receipt of
any Federal financial assistance for construction or acquisition purposes for use in any area,
that has been identified by the Director of the Federal Emergency Management Agency as
an area of having special flood hazards. The phrase "Federal financial assistance" includes
any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance
loan or grant, or any other form of direct or indirect Federal assistance.
19. It will, in connection with its performance of environmental assessments under the National
Environmental Policy Act of 1969, comply with Section 106 of the National Historic
Preservation Act of 1966 (16 U.S.C. 470), Executive Order 11593, and the Preservation of
Archeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et. seq.) by:
a. Consulting with the State Historic Preservation Officer to identify properties listed in
or eligible for inclusion in the National Register of Historic Places that are subject to
adverse effects (see 36 CFR Part 800.8) by the proposed ACTIVITY; and
b. Complying with all requirements established by HUD and the Virginia Department of
Housing and Community Development to avoid or mitigate adverse effects upon such
properties.
18 03-02/REV11-08
20. It will implement all required actions to ensure compliance pursuant to 24 CFR Part 8,
Nondiscrimination Based on Handicap in Federally Assisted Programs and Activities.
________________________________ _____________________
Christopher S. Lawrence, Town Manager Date
Meeting Date
April 2, 2013
Department
Finance/Treasurer
Issue
Financial Report for February 2013
Summary
The Financial Report for the period ending February 28, 2013 has been placed in the Town’s
Dropbox.
The Finance Committee will meet on Monday, April 1, 2013 at 5:30 pm to discuss the report and
will make a presentation of the report to Council during the Council Comment Section of the
Regular Meeting.
Attachments
Report in Financial folder in Dropbox
Recommendations
Motion to approve the Financial Report
Town Council
Agenda Summary
Meeting Date
April 2, 2013
Department
Administration
Issue
Briefing on employee benefits and compensation for FY2013-2014 Budget
Summary
The town received its policy premium amount from Local Choice, which includes health, dental,
vision, and prescription insurance coverage. The policy amount will increase 9.76%. This is the
first significant increase in five years. Past increases have been between 0-2.5%. As proposed,
percentage allocation to employee and employer will not change.
In regards to employee compensation, consideration is requested to be given to evaluate the
financial ability of the town to provide additional compensation to our employee team. Since
2008, our employees have received one salary increase of 2.25% (plus 5.75% VRS reallocation)
in 2012 and a $500 merit bonus in FY2010. The Town finished last year in a strong fiscal
position ending with $298,409 surplus with regards to revenue over operating expenses. We
continue to be on track to finish the current fiscal year with over $100,000 of savings in salaries
alone. This is due to frozen and eliminated positions in 2012 and vacancies and delayed hiring in
2013. These savings reflect savings due to the added responsibilities and restructuring of
departments as vacancies and retirements have presented themselves.
Through a detailed review of the proposed budget, $115,000 has been placed in a contingency
account (combined of both General Fund and Utility Fund). While the town has operating and
capital needs, our employees represent our most important resource and consideration is
requested to recognize them for their dedication and contribution.
Attachments
Insurance premium outline
Recommendations
Consider cost of living adjustment, merit bonus, or combination of both between current FY2013
and proposed FY2014 budgets.
Town Council
Agenda Summary