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HomeMy WebLinkAbout2/19/2013 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, February 19, 2013 AGENDA Consideration of: A. 7:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM B. MOMENT OF SILENCE C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D. CONSENT AGENDA 1. Consider approval of minutes for the regular Council meeting of February 5, 2013. E. AWARDS, RECOGNITIONS, PRESENTATIONS 1. Proclamation – recognition of Mike Huffer, Chief Mechanic, Public Works F. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. G. PUBLIC HEARING (POSTPONED INDEFINITELY) 1. Consideration of public comments regarding petition of Williams Mullen, Authorized Agent for Clearview Manor Acquisition, LLC, for Rezoning from GB General Business District to R-3 Residential District and for a Special Use Permit (SUP) for Clearview Manor Apartments, 1150 Vinyard Road. a. Report from Staff H. TOWN ATTORNEY 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 2 I. TOWN MANAGER ITEMS REQUIRING ACTION 1. Consider adoption of a Resolution appropriating $686.75 received from Cycle Systems of Roanoke for scraped metal property from the Public Works Department. 2. Consider adoption of a Resolution approving the Downtown Revitalization Management Plan, the Downtown Façade Grant Program and the Revolving Loan Program Plan and Administrative Program Manual for the $700,000 CDBG Downtown and Economic Revitalization Grant. J. MAYOR K. COUNCIL 1. Highway Safety Commission Report L. ADJOURNMENT M. WORK SESSION 1. General update on revenues for FY2013-2014. 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: • March 5, 2013 – 6:00 p.m. – Work Session followed by Regular Meeting – Council Chambers Meeting Date February 19, 2013 Department Town Clerk Issue Consider approval of minutes for the regular Council meeting on February 5, 2013 Summary None Attachments February 5, 2013 minutes Recommendations Motion to approve minutes Town Council Agenda Summary 1 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 6:00 P.M. ON TUESDAY, FEBRUARY 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 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 Barry Thompson, Finance Director Anita McMillan, Planning & Zoning Director Gary Woodson, Public Works Director Ben Cook, Police Chief Joey Hiner, Assistant Public Works Director Paul Harris, Police Sergeant The Mayor called the work session to order at 6:00 p.m. The purpose was to give a briefing on the petition of Williams Mullen, Authorized Agent for Clearview Manor Acquisition, LLC, for Rezoning from GB General Business District to R-3 Residential District and a Special Use Permit (SUP) for Clearview Manor Apartments, 1150 Vinyard Road. Anita McMillan, Planning and Zoning Director, began with a review of her staff report submitted with the agenda. In July of 1977 the subject property was rezoned from B-2 to R-2 which allowed multi-family dwellings to be constructed and in 1978 the Clearview Manor Apartments were built. When the new zoning map was adopted by the Town in 1983, the zoning of the property was changed to B-G, Business General and then the classification was amended to GB, General Business District. Under the GB zoning district, multi-family dwellings are not allowed, so the property is now classified as a legal nonconforming use. This means that if the apartments were to be damaged or destroyed beyond 50 percent of their assessed value, they could not be rebuilt without a special exception from the Board of Zoning Appeals. In July the property was sold and the current Lender has indicated that the nonconforming status of the property is not acceptable. The Petitioner is asking that the property be rezoned to R-3 Residential District to make it legal conforming and for a Special Use Permit to allow for the apartments that are on the property. The current building meets the zoning requirements for the R-3 residential district. 2 Currently, this property and the Berkshire Nursing Home share the same water tank for the fire protection system. Because there are now two property owners, a new water tank is being proposed for Clearview Manor. Ms. McMillan indicated that the Planning staff is working with an engineer concerning the location for the new water tank which will be at the expense of the owner. In response to a question about what the new tank would look like, Ms. McMillan indicated the proposal is to make it look similar to the existing tank. Ms. McMillan then commented that under the future land use designation, this property and Berkshire are designated as high-density. She also referred to an email from Ray Sandifer included in the agenda package which requested some specific conditions. A question was asked about the requirement of two parking spaces per apartment unit. Ms. McMillan responded that based on two site visits and a conversation with the property manager, the current parking spaces are sufficient because a lot of the residents do not drive. Because this is an existing use, they can apply for a variance or increase the parking spaces once the rezoning is approved. Regarding the comments by Mr. Sandifer in his email, the Mayor asked if those items have been addressed. Ms. McMillan indicated she would let Mr. Lloyd, the petitioner’s representative, respond to this question. Further comments were also made about the proposed new water tank design and location and the Mayor indicated that he would like more information. Mr. Adams arrived at the meeting at 6:16 p.m. The Town Manager commented regarding Mr. Sandifer’s request on lighting. He indicated that we have codes that control lighting and this would only apply if new lighting is installed. The code does not regulate how you maintain trees to protect adjoining property; however it could regulate any new trees that may be planted. Attorney Preston Lloyd then reviewed the reason for the rezoning and Special Use Permit request. He expressed thanks to the Planning and Zoning staff for their assistance in this matter. Mr. Lloyd also indicated that they have been in contact with Mr. Sandifer regarding the issues listed in his email and will continue to be in contact with him. Mr. Lloyd commented that the new owners intend to spruce up the property and they want to build a new water tank so they can be responsible for maintaining it. 3 Mr. Altice asked if the use of the apartments would stay the same and the response was yes. Vice Mayor Nance asked when the Public Hearing would be and Ms. McMillan responded February 19th. The Mayor asked if some more information can be provided regarding the proposed water tank and Mr. Lloyd indicated he would bring that information back to the Public Hearing. Vice Mayor Nance asked about lighting conditions involved in R-3. Ms. McMillan responded that we do have a section in the zoning ordinance that any new lighting cannot cause a glare to any adjoining properties. In this case, the lighting is already in existence. Mr. Lloyd commented that there is an ongoing conversation with Mr. Sandifer regarding the lighting issue. The Town Manager indicated that the Planning Commission will have their Public Hearing on February 7th and the matter will be brought back to Council for their Public Hearing and action on February 19th. The Mayor called the regular meeting to order at 6:35 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. Roll Call Vice Mayor Nance made a motion that Council go into a Closed Meeting pursuant to § 2.2-3711 A (1) of the 1950 Code of Virginia, as amended, for discussion or consideration of personnel matters relating to review of employment agreement for the Chief of Police; the motion was seconded by Mr. Adams 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 6:40 p.m. At 6:55 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 vote, with all members voting: Vote 5-0; Yeas (5) – Adams, Altice, Hare, Nance, Grose; Nays (0) - None. After a Moment of Silence, Mr. Altice led the Pledge of Allegiance to the U.S. Flag. Certification of Closed Meeting Concerning the consent agenda, Mr. Hare asked if at the bottom of page four, the January 15, 2013 minutes could reflect the makeup of the five members of the Revolving Loan subcommittee. Mr. Hare made a motion to approve the consent agenda as amended; the motion was seconded by Vice Mayor Nance and carried by the following vote, with all Approved minutes of Council in the Neighborhood meeting of January 15, 2013, as amended 4 members voting: Vote 5-0; Yeas (5) – Adams, Altice, Hare, Nance, Grose; Nays (0) - None. The next item on the agenda was a Public Hearing to consider public comments regarding a $700,000 Community Development and Block grant to revitalize the downtown business district. Ryan Spitzer, Assistant to the Town Manager, gave brief comments. This is the second of two Public Hearings required for the Grant as we move through the pre-bid contract phase. On Thursday he will be meeting with Beverley Coleman, our representative from DHCD, to go over the aspects of the pre-bid contract. Mr. Spitzer also commented that the only item remaining to be completed will be the approval from the Department of Historic Resources. He did receive a request from them for historical pictures of downtown, which he will be submitting. After we hear back from them, we will be able to proceed with the Notice of Request and Request for the Release of Funds for the project. At that time it will come back to Council for approval of the agreement with DHCD. This Thursday all the downtown businesses have been invited to the War Memorial to hear a presentation of the project and to get their input and answer any questions. Next Tuesday will be the monthly Downtown Management Team meeting at which time they will be finalizing the Façade Program, the Revolving Loan Program and the Management Team Plan. The Mayor then declared the Public Hearing open at 7:10 p.m. Hearing no public comments, the Mayor closed the Public Hearing at 7:11 p.m. There were no further comments from Council. Public Hearing opened and closed The Town Manager complimented staff for how they handled the storm event while he was on vacation. The next item on the agenda was to consider adoption of an Ordinance amending Chapter 2, Administration, Article V, Finance, Section 2-156 with regard to the fee charged for checks that are returned for insufficient funds or because there is no account. Barry Thompson, Finance Director/Treasurer commented that the State Code allows $50 for the NSF fee. The Finance Committee discussed the matter and is recommending that we increase our fee from $35 to the $50. The Bank charges the town $35 and the extra amount will help to recoup the administrative costs. Mr. Altice made a motion to adopt the Ordinance; 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) – None. Adopted Ordinance No. 930 amending Chapter 2, Administration, Article V, Finance, Section 2-156 with regard to the fee charged for checks that are returned for insufficient funds or because there is no account 5 The next item on the agenda was to consider adoption of a Resolution allowing the Town Treasurer/Finance Director to remove outstanding Personal Property delinquent taxes over five years old from the active records to a permanent file. Mr. Thompson made brief comments. The Mayor asked if the Town is using a collection agency. The response was that the Town had used a third party in the past, but they are not using one now. Mr. Hare made a motion to adopt the Resolution; 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) – None Adopted Resolution No. 2004 allowing the Town Treasurer/ Finance Director to remove outstanding Personal Property delinquent taxes over five years old from the active records to a permanent file The next item on the agenda was to consider adoption of a Resolution allowing the Town Treasurer/Finance Director to remove outstanding Water and Sewer delinquent bills over five years old from the active records to a permanent file. Mr. Thompson commented that we have not written off water and sewer bills since 2002. This will write off bills from 2002-2007 in the total amount of $21,660.97. He stated that we will do this annually in the future just like the personal property delinquent taxes. Mr. Hare commented about the quality of our customer base and about our staff when you see how low the percentage of delinquent bills is for each year. Vice Mayor Nance made a motion to adopt the Resolution; 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) – None Adopted Resolution No. 2005 allowing the Town Treasurer/ Finance Director to remove outstanding Water and Sewer delinquent bills over five years old from the active records to a permanent file The Mayor then recognized Nick Leslie, Ryan Prillaman and Greg Leslie, Assistant Scout Manager, of Boy Scout Troop 235. Mr. Leslie mentioned that they are working on their communications and citizenship badges. The next item on the agenda was a briefing on water/sewer bond issuance options for water/sewer infrastructure projects. The Town Manager commented that there are two options for the issuance of bonds in the amount of $1.5 million and Council needs to consider if an additional amount should be added to the bond for some additional projects. Mr. Thompson first commented on the Western Virginia Water Authority Peak Flow Enhancement Project at the Regional Wastewater Treatment Plant for a total project cost of $17,087,000. The Town’s share of this project is 5.5% or $939,785. The Authority and Botetourt County have also added additional money for legal services and contingency items. If we allow for an additional 5% contingency, our total will be $986,774. Mr. Hare asked if our share of the cost includes the 3% contingency of the Authority. Mr. Thompson 6 indicated that he would have to check. The construction will start in February, but the Town and some other localities will not be billed until July 2013 to get into the next budget year. The Town Manager stated that the Authority is under consent order to do this project. The Authority owns the plant and the City of Salem, Botetourt County and the Town are third parties to the project and our fair share is measured by a meter. Roanoke City and Roanoke County are rate payers, so their portion is paid through their customers. The Town is not a rate payer. W e are a partner, so we have to pay the bill when it is due. The Authority is taking on all the debt for another project in 2015 which is the actual interceptor line. Our annual payment to them will cover our part of this project and there will be an increase. As a Town we own 5.5% of the operating capacity of the plant, but do not have any ownership in the plant. Mr. Thompson then commented on the $500,000 bridge loan on the Glade-Tinker Creek Wastewater Interceptor Replacement-Phase 2 Project. This is an 18-month loan and we want to include this amount in the bond for the Authority project. The Town Manager stated that the third part of the briefing relates to identifying some other projects and discussing the value of adding some additional funds to the bond. Gary Woodson, Public Works Director, identified four projects for consideration. They are Jefferson Avenue, a water utility project; the Virginia/Walnut area, more of a sewer project, but some water; some stormwater improvements within the Downtown perimeter; and the Garthright Memorial Bridge. The Jefferson Avenue project has been divided into three phases, Phase 1 being $248,000; Phase 2 being $100,000 and Phase 3 being $400,000. This project would affect about 100 residential units and 10-non-residential use properties and would improve fire flow to this area. Vice Mayor Nance asked how would you classify the degree of need for this project. Mr. Woodson responded that it would depend on the direction that Council wants to go, for instance, if their focus wants to be economic development. The Virginia/Walnut project consists of sewer line and manhole replacements and various water system improvements. About 14 residential properties would be affected and 14 non-residential use properties. A study has not been done to figure costs for this project. 7 The stormwater improvements in the downtown area near the Municipal Building have projected costs from several years ago of $50,000 for engineering study; $946,593 for the downtown-south end; and $535,600 for the downtown-north end. Questions were asked about proceeding with stormwater improvements before we have the final regulations and the response from the Town Manager was that even though we currently have a good idea what the regulations will be, because of ongoing legislation, he would not recommend doing a stormwater project at this time. During the recent bi-annual inspection, the report noted that the Garthright Memorial Bridge was due for maintenance. An estimate of costs for this project would be in the neighborhood of $140-160,000. Another item is the 3rd Street wastewater lift station which has a projected cost of up to $1 million. Mr. Woodson indicated they are putting in the CIP for the FY2014 budget year the cost for purchasing a generator for the station. Another item is the main corridors and a study for water demands and fire suppression for those areas. Also, Virginia Avenue and Mountain View have some sections that need to cut down to the sub-base to stabilize the road. Other items that have been discussed in the Highway Safety Commission are the Glade-Virginia intersection, the Vinyard traffic light and Preston Road. Vice Mayor Nance asked if any of these would be classified as crisis projects. Mr. Woodson responded that there are a lot of other areas that need repair that he did not mention today. He thinks that anything that would impact the downtown area would be important for economic development. The Mayor commented that Jefferson Avenue project would require more than $500,000 to do the entire project. The Town Manager indicated that it could be done in sections. Vice Mayor Nance said it would be great to do the section that would enhance the new library site. The Town Manager summarized by saying that we know we have $1.5 million in obligations to pay and the question is do we want to add some more to the bond to cover some additional projects. A $2 million bond would require approximately a 9.88% increase in the wastewater rates. It would be less if we only did the $1.5 million or if we decided to use some cash. There are two sources of funding available—the Virginia Resources Authority (VRA) and the Virginia Local Finance 8 (VML/VACo). Both funding sources are comparable except that the VRA has an application deadline of February 8. VML/VACo does not have a deadline. Also, with the VRA we have an opportunity to refinance a current bond with them to save approximately $32,766. If we just finance the $1.5 million obligations we currently have, the VRA would be the best option. But if you want to add some additional funds to do other projects, you need more time to make a decision and we should go with VML/VACo. The Mayor asked if we chose to do the Jefferson Avenue project in phases, could we do up to the Roland E. Cook School and the response was an engineer would have to look at it and make a determination. Mr. Adams indicated that even if you went part of the way, it would still help with fire suppression. Vice Mayor Nance indicated that the Jefferson Avenue project interests him in order to have a proper infrastructure in place for development around the new library. He appreciated the summary and is open to the idea of extending the amount to $2 million, but feels like we need more time to make a decision. The Mayor commented he also favors the Jefferson Avenue project, but needs more information before he can make a decision. Mr. Hare indicated he wanted to know what this would do to our debt ratio, our CAFR and how it impacts our rate study. He would not support any debt in the general fund because it would require a tax increase to pay for it. On the utility side, we knew these obligations were coming and the rate study indicated that we have to raise our rates. Mr. Hare commented that the 3rd Street wastewater lift station is critical because everything in the Town goes there. If that system fails, everything fails. He also agrees that residents on Jefferson Avenue are entitled to the same fire protection as other neighborhoods in the Town. He wants to make sure we do this right and if we are going to raise rates, we need to look at the whole picture. He indicated that if we needed $2.2 million to complete a project, we should consider that amount. He is not in favor of borrowing money to pave roads. Mr. Altice said he would not want us to go into reserve unless it is an emergency. Mr. Adams commented it is not an easy decision, but that we need more time and more information to make a decision. The Mayor expressed thanks to staff for their quick and professional response during the last storm event. He also congratulated the Volunteer First Aid Crew on their recent EMS training which had over 50 in attendance. 9 Mr. Hare made comments regarding the Finance Committee meeting. He indicated they are still working with Kevin regarding the War Memorial. He then commented on the December 2012 financial report. We are at 118% of where we should be for revenues and at 85% for expenditures. In comparison to this same time last year, total revenues (general and utility funds) were a little over $4 million. This year we are at $4.8 million. Last year cash in the bank was $1.6 million and this year it is $3.1 million. Mr. Hare commented that the Finance Committee will begin reviewing the War Memorial on a quarterly basis rather than monthly. Mr. Kipp is providing more options and more flexibility. He has found the middle ground where he is contracting with a local caterer but the service is coming through the War Memorial. The main caterer that has shown the most interest is Teaberry’s and it allows Mr. Kipp to control the product so it is of good quality and well represents the War Memorial. The Town Manager commented on charging the Town for its use of the War Memorial. This will be evaluated during the budget process to establish the best way to account for these costs. Mr. Thompson responded to Mr. Hare’s question about the debt limit. As of the audit of June 30, 2012, the legal debt margin for the town was $46,101,342, which means we could issue that much debt and still be within our debt margin. We have $7,125,222 that applies to our legal debt margin, which is 13.39%. That was based on our assessed values at that time. The Mayor asked what is our current debt per capita. Vice Mayor Nance made a motion that the Financial Report for December 2012 be accepted, 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. Accepted Financial Report for December 2012 Comments from Council Members: Vice Mayor Nance expressed thanks to Public Works for the quick repair on Mountain View. He mentioned that Council will be hearing recommendations in the near future regarding the branding of the War Memorial and he asked Council to consider what recommendations are made and that the purpose is to market the building, not to change why it was built and who it was built in honor of. Mr. Adams expressed appreciation to Public Works as well during the storm event and with the quick repair on Mountain View. The Town Manager reminded Council that we are entering the budget process and will be looking at scheduling a day and a half work session. 10 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 5- 0; Yeas (5) – Adams, Altice, Hare, Nance, Grose; Nays (0) – None. The regular meeting was adjourned at 9:11 p.m. Regular meeting adjourned Mr. Thompson answered the Mayor’s question regarding the debt per capita. In the general fund is $332 per capita. Total debt which includes general and revenue bonds is $1,345 per capita. APPROVED: ________________________________ Bradley E. Grose, Mayor ATTEST: ___________________________________ Susan N. Johnson, Town Clerk Meeting Date February 19, 2013 Department Public Works Issue Proclamation – recognition of Mike Huffer, Chief Mechanic, Public Works Summary Mike Huffer is the Department’s Chief Mechanic which has been employed by the town for 11 ½ years. Mike is resigning from the town effective February 28, 2013 to relocate in Memphis, Tennessee with family. He will be working for West Memphis Steel Corporation. The Department would like to recognize his service through a Proclamation of Appreciation from Town Council and the Mayor. Attachments Proclamation Recommendations Mayor to read Proclamation and present to Mike Huffer Town Council Agenda Summary PROCLAMATION WHEREAS, Michael E. Huffer has faithfully and effectively served the citizens of the Town of Vinton, Virginia since August 2001; and WHEREAS He was promoted to Chief Mechanic effective June 2002; and WHEREAS, Mr. Huffer is known to be an outstanding employee and a very talented craftsman - welder, fabricator, mechanic, equipment operator, manager, electronic technician, and all around jack of all trades! He is a hard worker and successfully brings all assignments in on time and under budget; and WHEREAS, Mr. Huffer’s accomplishments for the Town have been many and have made huge impacts on the life of equipment and quality of services. A very talented individual, Mr. Huffer more than once “breathed” life into pumps and other equipment when it seemed an impossible task. Never an easy operation to pull these pumps, through cramped cold and unpleasant surroundings - never once did he complain; and WHEREAS, Mr. Huffer, has recently announced his resignation from the Town of Vinton effective February 28, 2013; and WHEREAS, Mr. Huffer will be sincerely missed as a co-worker, friend, and manager. NOW, THEREFORE, I, Bradley E. Grose, Mayor of the Town of Vinton, and on behalf of Town Council and all our citizens, do hereby express sincere appreciation and thanks to Michael E. Huffer for his loyal and dedicated service to the Town and to the citizens of Vinton, and extend best wishes to him. IN WITNESS WHEREOF, I have set my hand and caused the seal of the Town of Vinton, Virginia to be affixed on this 19th day of February, 2013. ______________________ Bradley E. Grose, Mayor 1 Meeting Date February 19, 2013 Department Planning and Zoning Issue PUBLIC HEARING (POSTPONED INDEFINITELY) 1. Consideration of public comments regarding the petition of Williams Mullen, Authorized Agent for Clearview Manor Acquisition, LLC, for Rezoning from GB General Business District to R-3 Residential District and for a Special Use Permit (SUP) for Clearview Manor Apartments, 1150 Vinyard Road. a. Report from Staff Summary On Wednesday, February 6, 2013, Staff was informed by the Town Attorney of the need to amend the Vinton Zoning Ordinance to conform to state code section 15.2-2307 as follows: A zoning ordinance shall permit the owner of any residential or commercial building damaged or destroyed by a natural disaster or other act of God to repair, rebuild, or replace such building to eliminate or reduce the nonconforming features to the extent possible, without the need to obtain a variance as provided in § 15.2-2310. If such building is damaged greater than 50 percent and cannot be repaired, rebuilt or replaced except to restore it to its original nonconforming condition, the owner shall have the right to do so. The owner shall apply for a building permit and any work done to repair, rebuild or replace such building shall be in compliance with the provisions of the Uniform Statewide Building Code (§ 36-97 et seq.) and any work done to repair, rebuild or replace such building shall be in compliance with the provisions of the local flood plain regulations adopted as a condition of participation in the National Flood Insurance Program. Unless such building is repaired, rebuilt or replaced within two years of the date of the natural disaster or other act of God, such building shall only be repaired, rebuilt or replaced in accordance with the provisions of the zoning ordinance of the locality. However, if the nonconforming building is in an area under a federal disaster declaration and the building has been damaged or destroyed as a direct result of conditions that gave rise to the declaration, then the zoning ordinance shall provide for an Town Council Agenda Summary 2 additional two years for the building to be repaired, rebuilt or replaced as otherwise provided in this paragraph. For purposes of this section, "act of God" shall include any natural disaster or phenomena including a hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake or fire caused by lightning or wildfire. For purposes of this section, owners of property damaged by an accidental fire have the same rights to rebuild such property as if it were damaged by an act of God. Nothing herein shall be construed to enable the property owner to commit an arson under § 18.2-77 or 18.2-80, and obtain vested rights under this section. Mr. Preston Lloyd with Williams Mullen, the Petitioner was notified of the need for the Town of Vinton to amend its zoning ordinance. Mr. Lloyd was given the option to either withdraw or ask for a continuance prior to the Planning Commission public hearing held on Thursday, February 7, 2013. On February 7, 2013, prior the Planning Commission meeting, an email was received from Mr. Lloyd, requesting the pending rezoning and special use permit applications be deferred indefinitely. He also requested that they reserve the right to renew these applications at any time without paying the application fee if they in good faith believe that the vested rights issue has not been resolved, or at the request of their client’s lender. Staff forwarded the information to the Planning Commission at its meeting on February 7, 2013, and informed them that an amendment to the zoning ordinance to conform to state code is scheduled to be considered on March 7, 2013. It will be followed by a Town Council public hearing to be held on March 19, 2013. Attachments None Recommendations No action required Meeting Date February 19, 2013 Department Public Works Issue Consider adoption of a Resolution appropriating $686.75 received from Cycle Systems of Roanoke for scraped metal property from the Public Works Department. Summary To appropriate funds from scraped metal by the department through collected miscellaneous sources; such as, damaged and destroyed automotive parts and equipment, traffic signs, guard rails, and removed metal components for stormwater, sanitary sewer, and water infrastructure. The scrap metal is collected and stored in 55 gallon drums onsite prior to being sold once or twice a year depending on the amount collected. The department utilizes Cycle Systems to purchase and transport the scrap metal. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, FEBRUARY 19, 2013 AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179. WHEREAS, the Town of Vinton has scraped metal property from the Public Works Department through Cycle Systems of Roanoke; and WHEREAS, the revenue received from the scraped metal has been received into the Revenue Account – Recoveries and Rebates in the amount of $686.75; and WHEREAS, in order that the money can be used for building needs and repair work in the Public Works Department, it is necessary for the Vinton Town Council to appropriate the funds from the Revenue Account 200.1901.001 – Recoveries and Rebates to the Public Works Operating Budget Account Number 200.1221.350 Maintenance & Repairs Building. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the following accounting transaction. FROM: 200.1901.001 Recoveries and Rebates $686.75 TO: 200.1221.350 Town Garage – Maintenance & Repair Building $686.75 This Resolution adopted on motion made by Council Member , seconded by Council Member , with the following votes recorded: AYES: NAYS: APPROVED: Bradley E. Gross ATTEST: Susan N. Johnson, Town Clerk 1 Meeting Date February 19, 2013 Department Town Manager Issue Consider adoption of a Resolution approving the Façade Management Program, the Project Management Plan and the Revolving Loan Program Plan and Guidelines Manual for the $700,000 CDBG Downtown and Economic Revitalization Grant Summary The Project Management Team met on Tuesday, February 12, 2013 to review the Façade Management Program, the Project Management Plan and the Revolving Loan Program and Guidelines and All 17 of the members present voted unanimously to accept the three documents as guiding principles for administering their respective parts of the CDBG Program. The Façade Program is mirrored closely to the current Façade Program used by the Town and County. The only change to this document was the restriction on architecture/construction firm(s) usage. This program has worked well for the Town of Vinton. The Project Management Plan is the documentation required by VDHCD on how the “Team” will work together through the duration of the Project. There were no issues with this document. The Revolving Loan Program and Guidelines Manual is the document that will be used when loaning the $100,000 earmarked in the CDBG Budget for downtown businesses in the Project Area. There was discussion on this Manual and several changes were made from the original draft document. There are noted below: 1. It was recommended to add two small business owners to the Loan Review Committee. One business owner will be from the Project Area and the other from outside the Project Area. 2. The Working Capital guidelines would only be recommended to be 30%. If a business needs working capital and it is 40% of the loan portfolio and makes sense then the business will not be denied. Town Council Agenda Summary 2 3. The term “shall” was removed and replaced with “may” in reference to security deposits. Security deposits could increase the cost of the loan to the Borrow and/or Town. 4. The Borrower must have a Business Plan in order to obtain a loan. 5. The Business has to be in operation for two consecutive business cycles or they will have to repay the loan. 6. The Loan Review Committee will require the Borrower to submit financial statements to the Loan Review Committee. Attachments Resolution Façade Management Program Project Management Plan Revolving Loan Program Plan and Guidelines Manual Recommendations Motion to adopt Resolution RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, FEBRUARY 19, 2013, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, the Virginia Department of Housing and Development, through the Community Development Block Grant Program requires a locality to have in place Plans for the administration of various programs through a Management Team; and WHEREAS, the Town of Vinton will conduct a Downtown Revitalization project that will affect business facades through a 50/50 match program; and WHEREAS, the Town of Vinton will administer a revolving loan program for downtown businesses to participate in; and WHEREAS, on February 12, 2013, the Downtown Management Team approved the Façade Management Program, the Project Management Plan and the Revolving Loan Program Plan and Guidelines Manual for the Project. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the Façade Management Program, the Project Management Plan and the Revolving Loan Program Plan and Guidelines Manual for the $700,000 CDBG Downtown and Economic Revitalization 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 1 TOWN OF VINTON DOWNTOWN REVITALIZATION MANAGEMENT PLAN PURPOSE OF PLAN: The project management plan is a contract document that identifies all major responsibilities and tasks involved in successfully completing the project. It stipulates the person(s) responsible for all tasks and schedules and benchmark dates projected for all tasks. The plan also provides the management team with a tool for monitoring the project’s progress to help ensure its completion within the timeframe established by Department of Housing and Community Development (DHCD). It must be maintained and updated throughout the course of the project. The components of the plan include, at a minimum the following: 1. Brief project description and project cost; 2. A management team roster with the roles and responsibilities of all persons involved in the implementation of the project clearly identified; 3. The role of any housing rehab program board, façade improvement committee, or private employers; 4. Outline of specific project benchmarks by which the administration and implementation of the project will be tracked and analyzed. Benchmarks should be specific dates by which tasks and subtasks will be completed; 5. The method by which local government officials, including the chief administrator of the locality, will be kept informed of the status of the project; 6. The method by which the chief administrator and grant administrator will oversee and monitor all aspects of the project to assure timely and effective implementation; 7. The process for review, approval and payment of invoices related to all project expenditures; 8. A timetable for expenditure of administrative funds based on benchmark accomplishments; 9. An identification of potential problems and complexities inherent in the project, and an analysis of how these will be anticipated and mitigated; and 10. Signatures of, at a minimum, the locality’s chief administrator, grant administrator and DHCD Community Representative. 2 PROJECT DESCRIPTION: The Town of Vinton has received a business district revitalization grant from the Virginia Department of Housing and Community Development (VDHCD). The purpose of the grant is to promote downtown revitalization by eliminating physical and economic blight by improving the facades of 11 buildings, improvements to sidewalks, streetscapes, municipal parking lot, Farmer’s Market lot, installation of wayfinding signage, and keeping the planning strategies up to date. The total project cost is $1,417,722; Department of Housing and Community Development’s (DHCD) portion is $700,000. FAÇADE COMMITTEE ROLE: The Board will not mandate specific rehabilitation standards, but will instead work closely with each applicant and the consulting architect to devise appropriate and consistent designs. The Town will provide architectural services for façade improvements funded with Community Development Block Grant (CDBG) Program funds. The project architect will conduct a site inspection and consult with the owner in developing a façade design with preliminary material and labor estimates. If, after the architect reviews the property, the property owner wants to proceed, he will need to finalize his participation in the project by submitting a formal application to the Board. Applications will be available at Town Hall. Priority will be given to those projects deemed most blighted, were already identified in the project application phase, and to those property owners who will invest a higher percentage of their own funds. The Board may reduce CDBG funding levels for low-priority buildings in order to conserve adequate funding to address the targeted buildings. In this event, the Board will use a point-system to rank each storefront improvement. The job receiving the most cumulative points will be funded first, and so on until all funds are exhausted. Also, in partnership with the current Façade Improvement Program administered by the Town of Vinton and County of Roanoke, funds can be leveraged for improvements. MANAGEMENT MEETINGS: Monthly management team meetings will be held to monitor all aspects of the project to assure timely and effective implementation. Local government officials, including the chief administrator of the locality, will be kept informed of the status of the project during the monthly management meetings. Any potential problems will be identified during the meetings and a plan of action to address the problems will be developed by the members of the team. . MONITORING OF PROJECT: The Project Manager will have bi-weekly meetings with the Town Manager to go over project details, the progress of the project and possible setbacks. These bi-weekly meetings will be in conjunction with the Management Team having monthly meetings. The Project Manager will also have weekly meetings, either by phone or directly, with the lead contractor and any sub-contractors as necessary. 3 The Project Manager will also visit the sites on a regular basis to review construction progress. REVIEW OF PAYMENTS: The Town’s procurement policy will be followed regarding the purchasing of items and services over $30,000. For purchases or services of $30,000 or less the procedures set forth for the CDBG Project will be followed. Payments will then be reviewed by the Project Coordinator and then given to the Town Manager for his signature. The Payment will be processed by the Finance Department and signed by the Finance Director. A spreadsheet of budget reductions will be kept to track the purpose for payments and the flow of money. POTENTIAL PROBLEMS/COMPLEXITIES: As with any construction project unforeseen problems and complexities are almost inevitable. Some of these with the Vinton Downtown Revitalization Project include underground installation of wire and cable, façade improvements (both construction and by-in from 11 property owners), and streetscape improvements. Another potential problem is with managing wage rates of construction companies. Construction projects will have wage rates within the contract and established prior to bidding. This will make sure all construction companies and professional services comply with federal guidelines. Any potential problems will be discussed by the Project Manager, Town Manager and DHCD Representative as soon as realized. Then the complexity will be taken to the Project Management Team for discussion with possible remedies where a consensus plan will be formed. CONTRACT ADMINISTRATION: The Town of Vinton has obtained Hill Studio to proceed with construction and architectural contract work. They will be responsible for sub-contractor management. The Project Manager for the Town of Vinton will be in constant contact with Hill Studio on overall Construction Management and will review all contracts to make sure they comply with DHCD policies. ADMINISTRATIVE EXPENDITURES: Benchmark accomplishments will be in accordance with the DHCD guidelines and listed in the Management contract. 4 PERSONNEL: Name Affiliation Role Brad Grose Town of Vinton Mayor Chris Lawrence Town of Vinton Town Manager Ryan Spitzer Town of Vinton Project Manager Anita McMillian Town of Vinton Planning Director Gary Woodson Town of Vinton Public Works Director Stephanie Dearing Town of Vinton Human Resource Director Lijah Robinson Town of Vinton Accounting Manager Barry Thompson Town of Vinton Finance Director Eddie Wells Regional Commission Senior Planner Jill Loope Roanoke County Acting Econ. Dev. Dir. Andy Morris Roanoke County Building Official Mary Beth Layman Town of Vinton Special Programs Director Bruce Mayer Town of Vinton Property Owner Stephanie Brown Town of Vinton Business Owner Mark Frye Town of Vinton Business Owner Angie Lewis Town of Vinton Chamber of Comm. Dir. Judy Cunningham Town of Vinton Property Owner Diana Rosapepe Roanoke County Library Director Patrick Hughes Hill Studio A/E Firm Representative 5 Project Responsibility Chart Tasks Responsible Person Support Person(s) Target Completion Date ADMINISTRATION Pre-contract Activities Revise Budget & finalize activities Ryan Spitzer 2/8/13 Programmatic agreement (DHR) Ryan Spitzer 2/8/13 Publish RROF/ERR Ryan Spitzer 2/8/13 Project Management Plan Ryan Spitzer 2/8/13 Finalize Façade Program Design Ryan Spitzer 2/8/13 Develop By-laws for Façade Board Ryan Spitzer 2/8/13 Pay for Performance Budget Ryan Spitzer 2/8/13 Document Private Investment Ryan Spitzer Procure A/E Ryan Spitzer Chris Lawrence 1/1/13 Procure Management Services Ryan Spitzer 2/8/13 Grant Management Execute CIG Contract Mayor Brad Grose 2/19/2013 Maintain Budget Ryan Spitzer Lijah Robinson Monthly Maintain Management Plan Ryan Spitzer Monthly Project Reporting Ryan Spitzer As Needed Monthly Labor Compliance/EEO Ryan Spitzer Stephanie Dearing Monthly Process Payments Barry Thompson Chris Lawrence Ryan Spitzer Lijah Robinson Financial Record Keeping Ryan Spitzer Barry Thompson 6 Report use of Minority/Female & Local contractors Ryan Spitzer Stephanie Dearing Patrick Hughes Attend Workshops/Meetings Ryan Spitzer Mary Beth Layman Monitor & Record Benefits Ryan Spitzer S. Dearing Patrick Hughes Monthly Monitor Expenditure of Non- CDBG Funds Ryan Spitzer Barry Thompson Lijah Robinson Monthly Project Compliance Reviews with VDHCD/Staff Ryan Spitzer Chris Lawrence Complaint/Dispute Resolution S Dearing Ryan Spitzer Management Team As needed Project Closeout/Audit Mayor Brad Grose Chris Lawrence Ryan Spitzer Tasks Responsible Person Support Person(s) Target Completion Date Façade Improvement Program Meet with applicants prior to beginning designs Hunter Greene Marshall McMillan-Zapf March/April 2013 Pre-Design of Facades Hunter Greene Marshall McMillan-Zapf April/May 2013 Solicit Applications Ryan Spitzer Hunter Greene June 2013 Secure easements from building owners Ryan Spitzer Patrick Hughes July 2013 Develop Façade Design and Preliminary Estimates and present to Owners Hunter Greene Marshall McMillan-Zapf August 2013 Prioritize Facades and Identify Facades for Bidding Ryan Spitzer/Mgmt Team Hunter Greene Sept 31, 2013 Develop Preselected Bidder List Ryan Spitzer/Mgmt Team Hunter Greene Oct 2013 Develop Bid Package Hunter Greene Marshall McMillan-Zapf Oct 2013 Legal Documents signed Ryan Spitzer Oct 2013 Bid Construction Hunter Greene/Ryan Spitzer Nov 2013 Negotiate Contracts with Owner, Contractor, Town Ryan Spitzer Hunter Greene Dec 15, 2013 7 Award Contracts, Notice to Proceed Ryan Spitzer Hunter Greene Dec 16, 2013 Pre-Construction Conference Hunter Greene Marshall McMillan-Zapf Jan 2, 2014 Building Permit(s) Contractor Hunter Greene Jan 2, 2014 Change Orders Hunter Greene As needed Final Inspection/Owner Approval Hunter Greene Contractor Lien Release Hunter Greene Final Payment Ryan Spitzer May 2014 Streetscape (lighting along 2 blocks of Pollard, 2 blocks of Lee, and Farmers Market) Farmers Market area (green parking improvements, landscaping, lighting) Gateway areas (Washington/Pollard Intersection and Virginia/Pollard Intersection Wayfinding Signage (including branding design) • Preliminary Plans prepared/ review by Town and Mgmt team • Brand developed/review by Town and Mgmt team Hill Studio: Patrick Hughes Hill Studio: David Hill/Greg Webster TOV: Ryan Spitzer/Mgmt Team July 2013 Develop Construction Docs & Specifications Hill Studio: Patrick Hughes Hill Studio: Greg Webster Sept 1, 2013 Design review Town of Vinton/Hill Studio Sept 15, 2013 Permits/Approval (VDOT) Hill Studio Town of Vinton Oct 1, 2013 Wage Decision Ryan Spitzer DHCD Advertise Hill Studio/Town of Vinton Patrick Hughes Oct 30, 2013 Pre-Bid Conference Hill Studio: Patrick Hughes Hill Studio: Charlie Craig Nov 15, 2013 Open Bids Hill Studio: Patrick Hughes Hill Studio: Charlie Craig Nov 30, 2013 Award Contract Chris Lawrence/Town of Vinton Ryan Spitzer Dec 15, 2013 Pre-Construction Conference Hill Studio: Patrick Hughes Hill Studio: Charlie Craig Jan 15, 2014 Begin Construction Contractor Feb 1, 2014 Change Orders Hill Studio: Patrick Hughes Hill Studio: Charlie Craig As needed Partial Payments Hill Studio: Patrick Hughes Hill Studio: Charlie Craig As needed 8 End Construction Contractor Final Inspection/Owner Approval TOV: Ryan Spitzer Hill Studio: Patrick Hughes Hill Studio: Charlie Craig Contractor Lien Release Hill Studio: Patrick Hughes Hill Studio: Charlie Craig Final Payment TOV: Ryan Spitzer 2/9/2015 1 Town of Vinton Downtown Façade Grant Program Program Description This project will provide grants of fifty percent (50%) to assist small businesses along designated areas in the Town of Vinton with building façade and other general property improvements undertaken in accordance with established design guidelines. This area is based on the Community Development Block Grant (CDBG) proposal accepted by the Virginia Department of Housing and Community Development (VDHCD). The design guidelines address architecture, signage, landscaping, walls, lighting, veneers, awnings, etc. Location To be eligible for a Façade Improvement Program reimbursement grant, a building must be used in whole or in part for commercial purposes and must be located within the target area. The target area coincides with the area bordered by Washington Avenue, Maple Street, East/West Cleveland Avenue, 1st Street and Walnut Avenue West Lee Avenue, and the Farmer’s Market. This only includes properties that are within the interior of the boundary of this area. 2 Funding Amounts Property Owners - 50% reimbursement of qualified expenditures based upon CDBG Cost Audit. Merchants - 50% reimbursement of qualified expenditures based upon CDBG Cost Audit Program Procedures All exterior improvements shall conform to the Town of Vinton Commercial Façade Design Guidelines and the applicable ordinances for the Town of Vinton. Interior improvements are not eligible. Exterior improvements to the backs or sides of buildings are eligible, subject to review by the Advisory Committee. I. Architectural Design Services and Procedures A. Applicants meet with the Town’s CDBG Manager to review the program guidelines. B. Property owner must consult and use the Town’s approved CDBG architectural/construction firm(s). C. The applicant shall prepare preliminary façade elevations illustrating proposed renovations including signage, color, and materials in conformance with all commercial façade design guidelines and standards. This submittal should be simply prepared, clear and descriptive showing by drawing or narrative the work to be done. Proposal should include working drawings, photographs of the building or storefront, color and material palettes of the proposed project. D. As part of the presentation, preliminary costs estimates should be included. A Written contractor’s bids for work must be included. The total amount (budget plus contingency) of the grant requested cannot exceed the amount presented in the CDBG adopted budget. E. Consultation meeting is arranged between the property owner and Project Planner. Discussion will address the buildings architectural style, structural recommendations, significance, and conformance with the Town of Vinton Design Guidelines and Town zoning requirements. 3 II. Project Plan Review and Rebate Procedures A. Project Planner shall review the application and determine if proposed improvements conform to the Design Guidelines. If application is approved, staff will direct the applicant to commence work. B. An approved project packet must include: 1) signature by Town; 2) any written conditions of approval; 3) the amount of eligible grant funds available once all work is performed satisfactorily. Work cannot begin until the project has been approved by the Town. C. Final plans and specifications shall be submitted to the Planning and Zoning Department for issuance of a building permit. All new signage shall require issuance of a sign permit by the Planning and Zoning Department. D. Changes to the originally approved design shall require re-approval by the Town and in most cases re-approval by the Planning Department. Failure to have alterations, revision or changes approved in advance by the Planning Department will result in the termination of the Agreement and forfeiture of the grant funds. Project Planner will make periodic informal inspection of work to assure compliance with approved design and conformance with Design Guidelines. E. For reimbursement, once work is completed, applicant shall submit to the Town detailed cost documentation, which may include canceled checks, paid invoices, or payroll reports. F. Project Planner will make a final on-site inspection to confirm improvement compliance. If all work has been completed in compliance with the improvement plans and the required building permits have been finalized, the Town will process a request to the EDA for payment to disburse reimbursement funds in accordance with the approved application. 4 Design Guidelines Anatomy of a Building Facade Storefront Design and Display • Most facades consist of an architectural framework designed to identify individual storefronts. Each storefront should respect this architectural framework and not extend beyond it. • Storefronts' design should be in keeping with a building's overall design. Storefront elements -- such as windows, entrances, and signage -- provide clarity and lend interest to facades. It is important that the distinction between individual storefronts, the entire building facade, and adjacent properties be maintained. • Individual storefronts should be clearly defined by architectural elements, such as pillars, piers, or separations of glass. • A horizontal band at the top of each storefront can serve as an appropriate location for business signage. • Storefront windows should be consistent in height and design with storefront doors to create a cohesive appearance. • Storefront windows should not be completely obscured with display cases that prevent customers and pedestrians from seeing inside. • Storefront windows should display products or services, local business logos, hours of operation, and/or public service messages. Displays in both retail and non-retail storefront windows that add color, texture, information, and/or visual activity to the pedestrian experience are encouraged. 5 • "Transparent" storefronts are not necessary for some businesses, such as professional offices. Nevertheless, even for such businesses it is preferable to maintain the size of original storefront windows. Proprietors can provide attractive window displays or install blinds. This solution contributes to the vitality of the streetscape and is more flexible for future changes than permanently blocking windows. Sign Guidelines Shoppers use signs mainly to identify the names and locations of businesses but signs can also convey an image as well as a direct message. Restrained and tasteful signs suggest a high-quality business. A jumble of oversized and competing signs- even on a single downtown façade- can confuse the customer. With signs, bigger is not always better. • Wall signs shall not exceed the height of the building cornice. On street façade signs and display ads shall not exceed 10% of each main floor façade area • Wall signs should be flush-mounted or painted directly upon the flat surface of the building. • Wall signs should be places in traditional locations in order to fit within architectural features for example: Above transoms On cornice fascia boards Below cornices • Brackets for projecting signs should be located under a second floor windowsill or a maximum of 15 feet from the street level. • Projecting signs shall be no larger than 12 square feet in area. • The use of sign symbols, logos, and cutouts, particularly in projecting signs is encouraged. • Symbolic and historic three-dimensional signs such as barber shop poles and appropriately-sized projecting signs are encouraged. Signage should have the capability of being lit in the evening, although the source of light must not be visible to motorists or pedestrians. • Signage permanently painted on glass is encouraged when up to 10% of glass area. • When more than two businesses occupy the same building, identifying signs should be groups together in single panel. Similar letterforms and backgrounds to make up a directory should also be used. • Sign materials should be compatible with materials used in the building. Painted wood and metal are particularly encouraged because these materials convey durability. Individual letters affixed directly to a sign frieze may be used. • Signs shall be directly or indirectly illuminated, or shall have separately backlit letters. Internally illuminated signs are strongly discouraged. • Neon signs shall be used in building interiors only. The use of neon on the building exteriors is strongly discouraged. • Spot lighting to draw attention to sign and architectural details is encouraged. • Light spillage on adjacent properties is strongly discouraged. 6 • Signs based upon designs, materials or features in use earlier or later than the construction date of the building, are discouraged. Awnings, Canopies and Marquees • Awnings, canopies and marquees provide a secondary location for signage. They add color and interest to building storefronts and facades and can be used to emphasize display windows and entrances. They also serve to protect pedestrians and display windows from the sun and rain. • Awnings, canopies and marquees consistent with local character and building type are encouraged. • Awnings should reflect the overall facade organization of a building. Awnings should be located within the building elements which frame storefronts. • Important architectural details should not be concealed by awnings, canopies or marquees. • Awnings on a multiple-storefront building should be consistent in character, scale, and location, but need not be identical. • Awning shapes should relate to the shape of the facade's architectural elements. • The use of traditionally shaped awnings is encouraged, when appropriate. • Creative or unusually-shaped awnings should be designed with considerable care. • If possible, top edges of awning shall be mounted to align with the top of the transom or with the framing above the main display window. • Fabric awnings are encouraged. Canvas and fire-resistant acrylic are preferred awning materials. The use of vinyl or plastic as awning materials is discouraged. • The use of awning valances for signs is encouraged. • Retractable or operable awnings are not encouraged. • Long expanses of awning should be broken into segments that reflect the door or window openings beneath them. Roofs and Parapets • Rooflines should mimic the separate yet complementary rhythm of historic buildings. • Flat roofs (slightly sloped to drain) are preferred with parapets that articulate the rhythm of the buildings. Parapets should be embellished with brick detailing and stepped or sloped to achieve a visually interesting yet harmonious sequence along the building façade. • Sloped roofs are not allowed unless the roof form is concealed by a parapet or false front. Exceptions may be granted if the sloped roof is used on top of a multi- story building to help reduce the overall height of the façade and define the residential character of the upper floors. Doors and Entrances • Primary entrances should be clearly marked and provide a sense of welcome and easy passage from exterior to interior. Whenever possible, they should be located on the front of buildings. • Side entrances should be located as close to the street front as possible. 7 • Recessed doorways are encouraged; they provide cover for pedestrians and customers in bad weather and help identify the location of store entrances. They also provide a clear area for out-swinging doors and offer the opportunity for interesting paving patterns, signage, and displays. • New store entrances must be accessible to the physically disabled. Renovation of existing entrances is encouraged. • Loading and service entrances should be located on the side or rear of buildings, whenever possible. They should be screened from public ways and adjacent properties to the greatest extent possible. Windows • Whenever possible, a building's original window pattern should be retained. Avoid blocking, reducing the size, or changing the design of windows. Windows should be used to display products and services, and maximize visibility into storefronts. • Window openings that have been blocked or screened by concrete block, brick or plywood etc. should be reopened to reestablish the original rhythm of the façade. • Commercial storefront windows traditionally tended to be large at the ground- floor level. During renovation or new construction, this approach is encouraged. • If ceilings must be lowered below the height of storefront windows, provide an interior, full-height space immediately adjacent to the window before the drop in the ceiling. This lets more light into the storefront and allows the retention of larger windows. • Wood is strongly recommended as replacement door frame and wind frame material. • Try to retain or increase window transparency whenever possible. Replace reflective or dark tinted glass with clear glass, if possible. In general, dark glass alienates pedestrians from the business activity inside a storefront and reduces the impact of window displays. • Avoid installing opaque panels, such as metal, wood, and/or other materials, to replace clear glass windows. • Windows with multiple, small-paned windows should be avoided unless they are historically appropriate to the building style, or integrate well into the overall design. • Do not use Plexiglas or other replacement materials instead of glass. • Safety glass is required when windows are 18" or less from the ground. • Fix broken windows immediately. Broken or boarded windows negatively impact business and the district. • Avoid using window openings for mechanical equipment (such as air conditioners, louvers, air exhausts) 8 Exterior Lighting • Exterior lighting should highlight building elements, signs, or other distinctive features rather than attract attention to the light fixture itself. Lighting that attracts attention to itself, such as neon tubing surrounding display windows, should be avoided. • In order to maintain an attractive image, exterior building lighting should be appropriate to the building's architectural style. • Building lighting should provide an even illumination level. Avoid flashing, pulsating, or similar dynamic lighting that poses a hazard to motorists. • Avoid lights which glare onto streets, public ways, or onto adjacent properties. • Provide indirect lighting whenever possible. • The creative use of neon in individual circumstances is encouraged. Because these guidelines strive to promote a unique character for the Town of Vinton, the use of nationally distributed neon signs that promote brand name goods is discouraged. Exterior Materials • Facade design should be complementary to a building's original materials as well as to those of adjacent buildings. • Terra cotta, brick and stone convey permanence and should be used when architecturally appropriate. • When using new brick, care should be taken to match the color and type of original brickwork. • Painting brick is not encouraged but will be reviewed on a case-by-case basis. • Use of decorative concrete block, applied false-brick veneer, vinyl or aluminum siding is discouraged. Other materials made to either imitate exterior finish materials or used to cover original architectural features is also discouraged. • Materials used near sidewalks and adjacent to building entrances should be highly durable and easily maintained while compatible with other exterior building materials. • The surface cleaning of structures should be done by the gentlest means possible. Sandblasting and other cleaning methods, such as chemical washes, that will damage exterior building materials and features should not be undertaken. • Existing cornices and/or building caps should be retained where possible and repaired as needed. • When applied cornices have been removed, encourage replacement of the historic cornice if feasible. If replacement is not feasible, design a simplified cornice to define the top of the building and maintain the visual unity of building tops along the block. 9 Building Systems • A building's mechanical, electrical and plumbing systems should be concealed completely from view from the street or sidewalk. If such equipment cannot be concealed, efforts should be taken to minimize their visual impact on building facades. • Rooftop equipment should be hidden by a screening device so as not to be visible from the street and sidewalk. • Avoid placing air-conditioning units in windows or any other openings facing onto the street. Units located in non-window openings are acceptable if they are flush with building walls. They should be screened with a decorative grill or any grill appropriate to the storefront design. Air-conditioning units should not drain onto pedestrians passing below. • Downspouts and other drains should be kept clear and well-maintained. Landscaping • Landscaping treatments should be used to enhance the pedestrian experience, complement architectural features and/or screen utility areas. • The use of flower boxes, planters and hanging flower baskets is encouraged Acceptable Colors: • A façade design should employ a limited palette of complimentary colors, which if possible do not clash with the schemes of adjacent buildings. Extremely bold, intense color schemes and primary colors should be avoided. • A color palette of earth tones, such as rich burgundy, taupe, rose shades, clay brick tones, beiges, and greens is desired. • Program participants may choose up to four colors for a single building (one or two body colors, one or two trim colors, and one accent color; these may be the same or different). Architectural elements on the building facade, such as canopies, balconies, and arcades, shall be in the same color as one of the four chosen building colors, except where constructed with a permitted material such as stone or brick that is left unpainted. The Use of the Following are Strongly Discouraged: • Internally lit and or plastic awnings • Internally lit signs • Flashing signs • Pedestal signs and pole-mounted plastic signs • Mass-produced blow mounted plastic signs • Billboards of all types and sizes attached or free-standing • Portable trailer signs • Historically incompatible canopies, awnings, and imitation mansard roofs made of metal, rough-sawn wood, plastic, shakes, or asphalt roofing. • No vending machines dispensing food or drinks shall be permitted on the exterior of any structure. 10 Strongly Discouraged Materials on Visible Surfaces: • Vinyl or aluminum siding • Asphalt, or fiberglass shingles • Structural ribbed metal panels • Corrugated metal panels • Plywood sheathing • Plastic sheathing • Structural glass, unless used to replicate a 1940s-1950s storefront design • Reflective or moderate to high grade tinted glass Office of Economic Development Revolving Loan Program Guidelines (Plan and Administrative Program Manual) 311 SOUTH POLLARD STREET VINTON, VA 24719 www.vintonva.gov (540)343-1508 2 | P a g e Office of Economic Development Revolving Loan Program Guidelines The Town of Vinton provides low-interest loans to qualifying for-profit businesses undertaking certain types of projects designed primarily to create or retain jobs within the. The loans, which generally range from a minimum of $10,000 to a maximum of $50,000, may be used to purchase real property, fixtures, machinery, and equipment. The loans may also be used for working capital and to remodel existing buildings. Loan terms vary from a maximum of 10 years for fixed-asset financing to a maximum of 5 years for non-fixed asset financing. The Town of Vinton’s loans are designed to leverage private investment and equity. Borrowers are required to contribute a minimum of 10% of the total project cost, with the Community Development Block Grant (CDBG) monies funding the remaining balance of the loan. All Town of Vinton loans must be secured by adequate collateral. Personal guarantees and key man life insurance may be required. Borrowers must obtain all business licenses required by the Town of Vinton and must be current on all taxes owed to the Town of Vinton prior to loan closing. Borrowers will generally be expected to create or retain one full-time equivalent (FTE) job for every $25,000 in loan proceeds within two years of loan closing. To apply for a loan from the Town of Vinton, please complete the following application. Return the fully completed application and all required attachments, along with a $75 non-refundable application fee to the address listed below. Additional information may be required after initial review of the application. Loan applications will be submitted to the Town of Vinton Loan Review Committee for review and approval on a monthly basis. 3 | P a g e ADMINISTRATOR Town of Vinton, Virginia AREA OF OPERATION Downtown Economic and Revitalization Program area: This area is bordered by Washington Avenue, South Maple Street, West Cleveland Avenue, 1st Street, Walnut Avenue and West Lee Avenue to include the Farmer’s Market. PURPOSE To create and retain jobs in the Town of Vinton by stimulating new private investment by offering financing which may be subordinated to conventional bank financing. TYPE OF FINANCING Revolving Loan Fund (RLF) for working capital and fixed asset loan. ELIGIBILITY The applicant must be a Vinton small business, property owner, or have a current or pending lease, or sales contract for an eligible site in the Town of Vinton Central Business District. A small business as defined is a business which is at least 51% independently owned and controlled by one or more individuals who are U.S. citizens or legal resident aliens, and together with affiliates, has 50 or fewer employees, or average annual gross receipts of $1 million or less averaged over the previous three years. Loans will not be granted to applicants operating a home based business. 4 | P a g e AMOUNT Minimum generally $10,000 Maximum generally $50,000 Maximum of $25,000 of loan amount per each job created or retained. USES • Land acquisition: Including engineering, legal, grading, testing, site mapping and related costs associated with acquisition, plan and site preparation. • Building acquisition: Acquisition, construction and rehabilitation of buildings • Purchase of machinery, office equipment and supplies, and/or other associated assets • Working Capital: Limited to 30 percent of total loan portfolio. TERMS • Machinery and equipment -- Up to five (5) years • Land and facilities -- Maximum of seven (7) years • Operating Capital -- Up to five (5) years INTEREST RATE The interest rate will be established by the Loan Review Committee based on the Prime Rate as reflected in the Wall Street Journal. However, the interest rate for the loan programs will be fixed for the duration of the loan. At the discretion of the Loan Review Committee, the interest rate may vary to reflect the risk and the economic or community benefits of the specific project. In no event, however, shall the rate be less than 50 basis points below the prime interest rate. APPLICATION PROCESS Application forms and instructions may be obtained from the Vinton Economic Development Office at 311 S Pollard St., Room 109, Vinton Va. 24179. The applicant must present a valid business license from the Town of Vinton at the time of application. A revolving Loan Review committee comprised of loan financial and economic development professionals reviews the completed form and makes recommendations as to the final approval. LOAN SELECTION AND APPROVAL PROCESS 1) The Project Manager will be responsible for ensuring that all applications are fully completed, signed and forwarded to the Loan Review Committee with recommendations. The Loan Review Committee is comprised of the Vinton Town Manager, Vinton Treasurer/Finance Director, one representative of the Vinton Town Council, two representatives of banks located within the Town of Vinton, and two business owners (one from the grant area and one from outside the grant area). 5 | P a g e 2) At every regular meeting and prior to any action taken on the RLF applications, the Loan Review Committee will review the current financial condition of the Program Fund. The Project Manager will provide information on the total value and liquidity of the Fund assets and total liabilities. This information shall be derived from periodic financial reports. 3) If the amount of the loan request exceeds available funds, the Economic Development Director shall assign a numerical ranking or preference ranking to each application based upon the characteristics of the applicant. In instances where funds are limited, priority preference shall be given to minority-owned business applicants and/or business employing LMI individuals. 4) The Loan Review Committee, at its regular meeting, will act on every loan application received by the Project Manager, subsequent to the previous meeting, by either denying or approving the application. If there is no motion to approve or no second to the motion to approve, then the application shall be deemed to be denied. The Committee shall also stipulate the interest rate and the terms of the loan. If any applications are approved, the Committee will instruct the Project Manager to prepare information to be presented to the full Committee for approval or denial. 5) If any applications are approved by the Committee, the Project Manager will forward present the application to the Project Management Team for final approval. COSTS AND FEES 1) Application Fee - a fee of $75 will be paid by each applicant at the time of submission of the application to the Town. ELIGIBLE COSTS 1) Land and associated costs necessary to its acquisition and preparation. 2) Building and associated costs necessary to acquire, construct and/or rehabilitate. 3) Equipment and associated costs necessary for the acquisition and installation of machinery and equipment. 4) Other costs contributing to the value of project's fixed assets, such as sales and use taxes and interest on interim construction financing. 5) Adequate and appropriate contingency reserve. 6) Working capital (including inventory- Loan requests for working capital will be viewed on a case-by-case basis and will generally be subject to higher underwriting standards than a loan request to fund the above items.) 7) Infrastructure costs. 8) Reasonable relocation costs, except where prohibited by Loan Requirements 6 | P a g e LOAN REQUIREMENTS Prior to disbursement of funds, the Program Manager will require the Borrower to provide assurances as detailed in the Plan and; 1) The proposed project(s) is located within the CDBG Project area of the Town of Vinton, Virginia. 2) Uses of RLF will be consistent with the economic development plan of the Town. 3) Barring exceptional circumstances, the minimum loan amount will be $10,000 and the maximum will be $50,000. 4) Projects involving construction shall be in compliance with all federal, state and local codes and regulations. LOAN CONDITIONS In making loans, the Loan Review Committee shall apply the following conditions: A. General 1) Financial assistance may not be extended if total financing is otherwise available from private lenders or other agencies on terms which, at the opinion of the Loan Review Committee, will permit the accomplishment of the project. However, applicants are encouraged to maximize the participation of other private sources for project financing. 2) There is reasonable assurance of repayment of the loan, giving full consideration to special impacts of the objectives of the Program. 3) Security may be required as is determined necessary by the loan counsel. 4) The Loan Review Committee will normally require personal guarantees of the borrower(s) and/or principal(s), as may be necessary to properly secure the loan. 5) The Applicant will be required to comply with the stated reporting requirements. (See attached forms.) 6) If applicant ceases doing business or relocates its principal place of business outside the limits of the Town of Vinton, the Loan Review Committee, at its option upon 30 days prior written notice, may declare the entire principal balance of the Note and all accrued interest together with all applicable fees, costs and charges, if any, immediately due and payable to the Town of Vinton. 7) The Borrower needs to stay in business for two operating seasons. 8) The Borrow shall submit financials to the Loan Review Committee from time to time based on the type of business operation and on request from the Loan Review Committee. 7 | P a g e B. Loan Terms 1) The term of a fixed asset loan shall ordinarily be no greater than the weighted average useful life of the fixed asset(s) of the project; however, in no case may a fixed asset loan be made for a term of more than ten (10) years. 2) The term of a full working capital loan or a loan where a majority of the proceeds are used for working capital shall not exceed five (5) years. 3) Except at the discretion of the Loan Review Committee, the maximum loan-to-project costs shall not exceed 90% and generally no more than 30% of the loan proceeds shall be used for working capital. SECURITY REQUIREMENTS 1) Security may be required generally in the form of liens against real estate and machinery and equipment, and/or the direct assignment of awarded Grants and/or the assignment of awarded government contracts and/or other security the Loan Review Committee deems appropriate. 2) Normally each loan shall require personal guarantees of the borrower(s), principal(s), and/or their spouses as may be necessary to properly secure the loan. 3) Adequate insurance coverage of the collateral shall also be required. 4) If a business is leasing a building or a portion thereof, a landlord’s lien wavier shall be required at the time of closing unless waived by the Loan Review Committee at its sole discretion. 8 | P a g e Office of Economic Development REVOLVING LOAN FUND APPLICATION The Company must meet the attached Program criteria before they can be considered eligible for a “Town of Vinton Revolving Funds Program” Loan. All information on this application must be completed to the satisfaction of the Town of Vinton Economic Development Office, or it will not be considered complete. Once it is complete, the request will be processed according to the attached steps. A non-refundable application fee of $75.00 is required at time of application filing. A commitment fee equal to one percent (1%) of the loan amount, less the paid application fee, will be due and payable on or before the loan closing. THE COMPANY: Company Legal Name: ___________________________________________________________ Federal ID Number: ___________________________ SIC Code: ___________________ Address: ___________________________________________________________________ Phone Number: __________________________ Fax: _____________________________ Legal Counsel: _________________________________________________________________ Address: ___________________________________________________________________ Phone: _________________________________ Fax: _____________________________ Accountant: ___________________________________________________________________ Address: ___________________________________________________________________ Phone: _________________________________ Fax: _____________________________ BUSINESS FORM: ( ) Corporation State: _________ Year Incorporated: __________________ ( ) Partnership State: _________ Year Incorporated: __________________ ( ) Sole Proprietorship Years. Established: __________________________ 9 | P a g e PRINCIPALS: a. Attach as “Schedule A” – Prepare a schedule with the names, addresses and business affiliations and percentage of ownership of all principals (officers, directors, shareholders or partners with ownership of 5% or more) and their relationship to the Company. b. Attach as “Schedule B” – Prepare a schedule with the resumes of the principals and officers including name, address, phone number, date of birth, business experience, education position in the Company, employment history, length of association with Company, salary and other compensation and outside directorships. c. Is the Company presently in any litigation, which would have a material effect on the Company’s financial solvency? ( ) Yes ( ) No (if yes, provide details.) d. Has the Company or any of the management of the Company or its affiliates, or any other concern with which such management has been connected, ever been involved in bankruptcy, creditor’s right’s or receivership proceedings or sought protection for creditors? ( ) Yes ( ) No (if yes, furnish details.) e. Have the management or principal stockholders of the Company ever been charged with or convicted of any felony, or misdemeanor other than minor traffic offenses, or been in the management of or stockholders in any firm or corporation convicted of any felony? (This information will only be used for the purpose of evaluating the business reputation of the Company and its principals, as required by law.) ( ) Yes ( ) No (if yes, furnish details.) BUSINESS HISTORY a. Attach as “Schedule C” – Attach a narrative history of the Company and a description of its method of operations. For businesses in operation less than two years, a copy of the applicant’s resume which details work experience. Also, a copy of a Business Plan that shows an understanding of the structure, operations, management and the unique problems and trends of the business. This narrative should include, but not be limited to, the items listed below. In particular, the narrative should include a discussion of any significant developments in the Company’s background which may be reflected in the financial statements submitted with this application. ♦ Present number of employees (full and part-time) ♦ Products, relative sales, volumes of each and contributions to profitability (%) ♦ Types of customers, major accounts, particularly those accounting for more than 10% of sales, with contact, telephone number and description of products. ♦ Areas and methods of distribution, market share. ♦ Principal competitors 10 | P a g e ♦ Principal suppliers, particularly those accounting for 20% or more of basic requirements for operations, with contact, telephone number, and description of products supplied, discussion of supply problems experienced or anticipated and how they have been/will be dealt with. ♦ Discussion of work stoppages or labor disputes and how resolved. ♦ Research and Development programs, importance to Company. ♦ Dependence on energy sources. ♦ Location, size, and operations of Company’s present facilities. BUSINESS RELATIONSHIPS: a. Attach as “Schedule D” – Attach a list of the names and addresses of all concerns, if any, that may be regarded as parent companies, subsidiaries or affiliates of the Company or related Company (as defined in Section 267, 107, and 1562A of the Internal Revenue Code of 1954 as amended) including concerns in which the Company, or any of its principals, as indicated above, holds an interest greater than 5%. Indicate the nature of the relationship, the amount of ownership, and the trade or other relationship with the organization listed. If “none”, so state. PROJECT: Project Objectives – Attach as “Schedule E” a. What are the specific reasons for project. Include: production, sales, earnings and employment objectives. (Specify number of employees in first and second year following completion of the project, with rationale for why the positions will be created.) b. Will this project result in expansion of the Company’s markets, geographically or to other types of buyers? Describe. c. Will this project result in marked changes in the way in which the Company now operates as described in Schedule C? Explain. Project Description – Attach as “Schedule F” a. Include address and a complete narrative physical description of the project and its location. Include discussion of or attach the following: ♦ Plot plan, showing existing/proposed improvements, easements, etc. (i.e. with dimensions) ♦ Description of land improvements/status of sewers, water, etc. (i.e. to be made) ♦ Description of neighborhood, including zoning, available utilities, transportation. ♦ Plans and specifications for construction/renovation (specify size of building) ♦ Construction/occupancy schedule 11 | P a g e ♦ Complete description of machinery and equipment (if part of the project), its use in Company’s operations, useful life of each unit. Certain items, e.g. office furniture and equipment, etc. which will not be financed. ♦ State the name of the entity to own the project. If other than Occupant Company, describe relationship, including names of principals and percentages of ownership of entity owning project. Have any funds been expended to date on the project for which this application is made? ( ) Yes ( ) No a. If yes, please attach schedule showing details of such disbursements (date, purpose, payee, etc.) b. Does the Company plan to occupy 100% of the Project? ( ) Yes ( ) No If no, explain: ___________________________________________________ _______________________________________________________________ _______________________________________________________________ Set forth in the details of the project costs and the seniority of liens and how and from what source the proposed project is to be financed. Attach the following to the section titled “Project Costs and Financing”. a. Copies of executive contracts of sale of real estate – contingent upon Fund financing. Contract must be in effect at the time of loan approval. b. Contractor’s estimate for construction or renovation. (on letterhead and signed) c. List of machinery and equipment to be acquired and itemized suppliers’ estimates or quotations. (on letterhead and signed) FINANCIAL INFORMATION: Include with this application for the Company and affiliates or subsidiaries with which the Company has trade or other relationships as outlined in “Schedule D” hereof the following schedules. a. “Schedule G” – Typed profit and loss statements and balance sheets for the last three (3) fiscal years prepared by a Certified Public Accountant (CPA). If CPA statements are unaudited, statements must be accompanied by a sworn certification by an officer of the Company, that such financial information reflects the true and accurate condition of the Company’s finances. The applicant should prepare a spread sheet of each of the financial statements for the three (3) year period. 12 | P a g e If the most recent statement is more than four (4) months old at the time of the application provide typed interim statements in form similar to the annual statements. Attach statements covering the same period for the immediate prior year. In the event historical statements have not been prepared by a CPA, tax returns must be submitted. Annual and interim statements must include or be accompanied by separate expense schedules for Cost of Goods Sold, Selling and General Administrative Expenses, including: ♦ Depreciation and amortization expenses on standard depreciable terms ♦ Officers salaries and all other salaries ♦ Dividends b. “Schedule H” Type projected income statement and balance sheet for three (3) years (statement must include, as separate line items, projected interest and depreciation expenses associated with the proposed project), commencing with the end of the most recent fiscal year, in the same form and including the same items indicated above. Include a projection of capital expenditures for the period, purpose and how proposed to be financed. (attach narrative explaining rationale used) c. “Schedule I” Projected cash flow statements, by quarters, for the first year of operation in the project. (attach narrative explaining rationale used) d. “Schedule J” Detail of each outstanding debt at the date of the current statement, including: ♦ Installment loans ♦ Officer or shareholder loans ♦ Notes and mortgages payable ♦ Capitalized leases For each outstanding debt show original amount, date incurred, to whom payable, present balance, interest rate, maturity date, monthly payment, security, and whether current or delinquent. The applicant must provide a sworn notarized statement that these are the only outstanding debts. e. Projected real estate taxes for the first year of operation in the project; a brief explanation of any tax abatement programs expected to be used. f. Attach as “Schedule K” Signed personal financial statements for each proprietor, partner, officer and stockholder with 20% or more ownership of the Company. (Those holding less than 20% may be required to submit statements at a later date if considered necessary following review of application.) 13 | P a g e g. Provide bank references (including account number and the name and phone number of the bank official handling the account.) ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ h. The Fund may require additional security in the form of Collateral Mortgages or Security Interests. Please list below any additional collateral available for such security (not including personal residences) Cost Net Book Value Present Liens & (Cost less Depreciation) Mortgage Balances Land & Building __________ _________________________ __________________ Machinery & Equipment __________ _________________________ __________________ Other __________ _________________________ __________________ 14 | P a g e EMPLOYEE INFORMATION: 1. Does the Company warrant it is in compliance to the best of its knowledge, with all federal and state laws dealing with equal employment opportunity and the hiring of illegal aliens? ( ) Yes ( ) No 2. Employment Projections at the end of: Title of Salary Current 1st Year 2nd Year Position Range No. % No. % No. % ________________ __________ ____ ____ ____ ____ ____ ____ ________________ __________ ____ ____ ____ ____ ____ ____ ________________ __________ ____ ____ ____ ____ ____ ____ ________________ __________ ____ 100 ____ 100 ____ 100 ENVIRONMENTAL WARRANTIES: The Company represents and warrants as follows: The Company is not in violation of, and has complied with and shall continue to comply with all applicable environmental and land use laws. The Company is not currently under investigation by the Virginia Department of Environmental Quality and/or the United States Environmental Protection Agency. The Company is not currently operating under an Order on Consent with either agency. The Company represents that after diligent review, it is not aware of any situation that would, with the passage of time or otherwise, give rise to any liability under any law for the protection of the environment. 15 | P a g e PROJECT COST AND FINANCING PROJECT COST Realty Cost Amount ♦ Acquisition of real property ______________ ♦ Construction of new building ______________ ♦ Renovation of existing building ______________ ♦ Expansion of existing building ______________ ♦ Miscellaneous (specify) ____________________________________________________________________ ____________________________________________________________________ Total Realty Cost $_____________ Machinery & Equipment Cost ♦ Acquisition of machinery & equipment ______________ ♦ Installation ______________ Miscellaneous (specify) ________________________ ______________ Total Machinery & Equipment ______________ Total Project Cost ______________ Realty Financing: Order of Name of Amount % of Interest Term Lien Preference Participant Total Rate _________________ __________ _________ ____ _______ __________ _________________ __________ _________ ____ _______ __________ _________________ __________ _________ ____ _______ __________ Totals _________ 100% Machinery & Equipment Financing: % of Interest Lien Preference Participant Amount Total Rate Term _________________ ___________ _________ ____ ________ __________ _________________ ___________ _________ ____ ________ __________ _________________ ___________ _________ ____ ________ __________ Totals _________ 100% Total Project Cost $_____________________ Total Fund Financing Request $__________________________ 16 | P a g e Additional Financing Requirements and Attachments 1. The Fund may require a 10% cash equity contribution to the total project cost. 2. The Fund may require other lenders to be a part of the total financing package. 3. If other lending institutions or parties are involved the Fund requires commitment letters of contingency commitment of project financing from them. 4. The Fund reserves the right to set its own loan rate, terms and conditions. 5. The applicant shall incur all legal and accounting costs associated with preparing this application, and any loan agreement costs whereby these services are needed or required by the applicant. Applicant, Execution, Verification and Contents Thereof a. Every application for financial assistance from the Fund shall be in writing and shall be executed and verified by the Company. Authorized Signatures: I understand that the Fund reserves the right to independently verify any or all of the information supplied herein, and may refuse to approve the application should any of the information provided prove to be false or misleading. Dated: _______________________ __________________________________ President / Occupant ____________________________being duly sworn, deposes, and says: That s/he is the President of ______________________________ the Project Occupant (the Company) described in the foregoing application: that s/he has read the foregoing application and knows the contents thereof; that the same is true to his/her own knowledge except as to matters therein stated to be alleged upon information and belief, and as to those matters s/he is in compliance with and all federal and state legislation dealing with equal employment opportunity and the hiring of illegal aliens; and that the execution of this application has been duly authorized by the board of directors of the Company. ____________________________________ Notary Public Sworn to before me this _____ day of ______________________, 20___ Meeting Date February 19, 2013 Department Council Issue Highway Safety Commission Report Summary In response to citizens concerns regarding traffic issues, the Highway Safety Committee has reviewed each issue and is presenting two of them to Council for their review. The attachment contains more detail about the issues. Attachments Staff Recommendations Recommendations Council approval Town Council Agenda Summary Meeting Date February 19, 2013 Department Finance Issue General update on revenues for FY2013-2014 Summary Barry Thompson, Finance Director/Treasurer will give an update on the projected revenues for FY2013-2014 Attachments None Recommendations No action required Town Council Agenda Summary