HomeMy WebLinkAbout6/18/2013 - Regular1
Vinton Town Council
Council in the Neighborhood Meeting
Vinton Masonic Lodge
1017 East Washington Avenue
Tuesday, June 18, 2013
AGENDA
Consideration of:
A. 6:30 p.m. - CONDUCT NEIGHBORHOOD MEETING
B. 7:15 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM
C. MOMENT OF SILENCE
D. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG
E. CONSENT AGENDA
1. Consider approval of minutes for regular meeting on June 4, 2013.
F. AWARDS, RECOGNITIONS, PRESENTATIONS
1. Officer of the Month for May 2013 - Sergeant Todd Bailey
G. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments
and questions for issues not listed on the agenda.
H. PUBLIC HEARING
1. Consideration of public comments on petition of Karen Sloan for a Special
Use Permit (SUP) to operate a hair salon at 1031 Almond Drive, Tax Map
Number 61.17-03-34, zoned R-1 Residential District.
a. Report from Staff
b. Open Public Hearing
• Receive public comments
• Close Public Hearing
c. Council discussion and questions
d. Adoption of Ordinance
Bradley E. Grose, Mayor
William “Wes” Nance, Vice Mayor
I. Douglas Adams, Jr., Council Member
Robert R. Altice, Council Member
Matthew S. Hare, Council Member
Vinton Municipal Building
311 South Pollard Street
Vinton, VA 24179
(540) 983-0607
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I. TOWN ATTORNEY
J. TOWN MANAGER
ITEMS REQUIRING ACTION
1. Consider adoption of a Resolution authorizing the issuance of General
Obligation Bonds in an aggregate principal amount not to exceed
$4,240,000, and providing for the form, details and payment of the bonds
and the refunding of certain prior bonds and authorizing certain related
actions.
2. Consider adoption of a Resolution authorizing the Mayor and/or the Town
Manager to execute a Lease Purchase Agreement, between the Roanoke
Valley Society for the Prevention of Cruelty to Animals, Inc., a Virginia
corporation, and the City of Roanoke, the Town of Vinton, the County of
Roanoke and the County of Botetourt to purchase the current pound
property for operation of the pound by the Localities.
3. Consider adoption of a Resolution awarding a bid, authorizing the Town
Manager to execute a contract with Sawyer Paving in the amount of
$228,977.18 for street resurfacing and authorizing the transfer of funds.
4. Consider adoption of a Resolution appropriating $29,527.25 to the Virginia
E-911 Services Board for reimbursement for overpayment of wireless board
funds to the Vinton 911 Center during fiscal years 2008 and 2009.
K. MAYOR
L. COUNCIL
M. ADJOURNMENT
N. WORK SESSION
1. Briefing on new catering policy for the War Memorial
NEXT COMMITTEE/TOWN COUNCIL MEETINGS:
• July 1, 2013 – 5:30 p.m. – Finance Committee meeting – Finance Conference Room
• July 2, 2013 – 7:00 p.m. – Regular Council meeting – Council Chambers
NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. Reasonable
efforts will be made to provide assistance or special arrangements to qualified individuals with disabilities in
order to participate in or attend Town Council meetings. Please call (540) 983-0607 at least 48 hours prior to
the meeting date so that proper arrangements may be made.
Meeting Date
June 18, 2013
Department
Town Clerk
Issue
Consider approval of minutes for the regular Council meeting of June 4, 2013.
Summary
None
Attachments
June 4, 2013 minutes
Recommendations
Motion to approve minutes
Town Council
Agenda Summary
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MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 6:00 P.M.
ON TUESDAY, JUNE 4, 2013, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL
BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA.
MEMBERS PRESENT: Bradley E. Grose, Mayor
William W. Nance, Vice Mayor
I. Douglas Adams, Jr.
Robert R. Altice
Matthew S. Hare
STAFF PRESENT: Christopher S. Lawrence, Town Manager
Susan N. Johnson, Town Clerk
Elizabeth Dillon, Town Attorney
Ryan Spitzer, Assistant to the Town Manager
Gary Woodson, Public Works Director
Barry Thompson, Finance Director/Treasurer
Anita McMillan, Planning & Zoning Director
Karla Turman, Assoc. Planner/Code Enforcement Ofcr.
Joey Hiner, Assistant Public Works Director
Brandon Gann, Summer Intern
The Mayor called the work session to order at 6:00
p.m. The first item related to a briefing on a petition of
Karen Sloan for a Special Use Permit (SUP) to operate a
hair salon at 1031 Almond Drive, Tax Map Number 61.17-
03-34, zoned R-1 Residential District.
Karla Turman, Associate Planner/Code Enforcement
Officer commented that Ms. Sloan has applied for a
Special Use Permit to be allowed to operate a hair salon
from her residence. There will be only one salon station
and she would have no more than two customers at a
time. There is ample parking for the business. She will
have to go through the building permit process to install
plumbing for the business.
The Planning Commission will have their Public Hearing
on June 13th and Council will hold their Public Hearing on
June 18th. In response to a question about notifying the
adjacent property owners, Ms. Turman commented that
the Planning Department notified those parties last week
and has received no comments.
The next item was a briefing on the General Obligation
Bonds financing options. Courtney Rogers of Davenport
& Company commented that an application was submitted
to the Virginia Resources Authority (VRA) for 30-year loan.
They are in the middle of their credit review process. We
also sent RFPs out to other financial institutions as well as
to VML/VaCO asking for a 20-year and 30-year rate plus
rates to refund the 2004 and 2006 bond issues.
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Based on the proposals received, we currently have bank
bids that are locked in to June 27th or we can take our
chances with VRA and go the market with them in late
July or early August. We did not get a 30-year rate from
a bank, but we did get some attractive 20-year rates.
Mr. Rogers commented that Davenport is not
recommending refunding the 2006 bond issues due to the
high amount of negative arbitrage compared to the
amount of net present value savings. The 2004 bond
issues will have some savings.
Capital One Public Funding offered the lowest 20-year
rate at 2.85% with the debt service being approximately
$160,000 annually over the first five years. This takes into
account the five-year lease and then the amount will drop
to $120,000 annually. In comparison to a 30-year loan,
the 20-year loan will cost approximately $20,000 more a
year to pay if off quicker. Vice Mayor Nance asked if the
proposed rate increase will cover the additional cost and
the response was yes. Mr. Rogers indicated that they are
recommending going with Capital One for the new money.
For the refinancing of the Series 2004 bonds, Carter Bank
had the best rate of 2.05% with no closing costs. BB&T
offered a lower rate but had $3,500 in closing costs. This
will result in 7% savings on the 2004 VML/VaCO Bond
and 6% on the 2004 VRA Bond. Bids were also received
from SunTrust. Vice Mayor Nance asked about the
difference of the 2.85% bid from Capital One and the
2.24% bid from SunTrust. The response was that
SunTrust was not willing to lock the rate for the full 20-year
term, only for 10 years. After additional comments,
Council gave a consensus to proceed with Capital One
and Carter Bank for the new money and the refinancing.
Consensus of Council to proceed
with Capital One for the General
Obligation Bonds and with Carter
Bank for the refinancing of the 2004
bond issues
The next item was a review of final changes to the
proposed FY2013-2014 budget. The Town Manager
commented that at the May 21st Public Hearing, Vice
Mayor Nance and Mr. Hare requested information on how
the budget could be balanced without the increase in the
cigarette tax.
The Finance Committee met on May 29th and reviewed
what the potential surplus will be at the end of this fiscal
year. The goals that can be accomplished are a cost of
living increase of 1.5% for employees, fully funding the 3rd
Street satellite dumpster location and additional funding for
computer replacements of $10,000. The computer
replacements are necessary due to the fact that we have
approximately 27 computers that are not upgradeable. All
departments have some funding for computer
replacements, but we still need funding for 15.
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The forecasted amount of the year end surplus is
$125,000 in salaries, $10,000 in planning, $5,000 in snow
removal overtime and $5,000 in Fire/EMS overtime. This
totals $145,000. With an adjustment for revenues, we
expect the surplus to be approximately $125,000.
Mr. Hare arrived at 6:36 p.m.
The CIP list was reprioritized to eliminate the fire house
painting, fire house flooring, the crew hall painting and the
purchase of the Cityworks Asset Management software,
for a total reduction of $56,800. With the anticipated year
end surplus of $125,000, we could fund these projects.
However, staff recommends that we fund only the core
projects and then in the early part of 2014 review the
budget and see where we are at that point. The Town
Manager then expressed his concern that the CIP is a
five-year plan and there are no forecasted revenues to
accomplish years two through five without a new revenue
source. Whether that is the cigarette tax increase or
something else that is more supported in the future or
service cuts to free up some additional money to pay for
the capital items. Mr. Altice asked what was meant by
service cuts and the response was we will have to make
some decisions to free up money to invest in capital
projects. Mr. Altice commented that we need to keep the
services we have.
Vice Mayor Nance commented that the alternative budget
is not a recommendation from the Finance Committee, but
a budget that the Committee asked staff to come up with.
The Town Manager then commented that the $35,000 for
the Greenway is in the General Fund with a payment from
the reserve account of the AEP money. The $100,000 for
the proposed generator is in the Utility Fund as a draw
down from fund balance.
Vice Mayor Nance then summarized the new alternative
budget. The CIP was approximately $210,000 when you
add in the computer replacements. If we use $100,000 of
savings from this year’s surplus, the removal of the
contingency fund and making that the 1.5% raise saves
approximately $35,000 and the use of the reserve funds
for the Greenway of $35,000. That totals $170,000 and
looking at the present budget, there would be
approximately $40,000 of the CIP not covered. That is
with us hitting our targets but also with 100% employment
that entire year. If we have the same flexibility that we had
this year, we could take those savings and immediately
start to address those other priorities on the CIP. The CIP
is much longer and if we increase taxes we may be able to
accomplish more on the list, but where we draw the line on
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the list is a decision that has to be made.
Mr. Thompson commented that the alternative budget
would also include increasing the re-appropriation from the
fund balance of $37,800.
The Mayor commented that his biggest concern about the
alternative proposal is that it gets us through FY2014, but
the original budget proposal puts us on the right path for
several years. He feels that if we do not raise the taxes
this year, it may be several years before it is considered
again.
Mr. Adams commented that we are going to get by for
FY2014, but what are we going to rely on for future years.
Vice Mayor Nance further commented that each year we
could justify a tax increase to cover items on our CIP list.
The bottom line is are we going to adjust revenues to the
size of our government or adjust the size of the
government to the revenues. He would prefer the latter.
The Mayor commented that he thinks it should be adjusted
based on the needs of the community.
The meeting was recessed for a five-minute break at
6:55 p.m.
The Mayor called the regular meeting to order at 7:00
p.m. The Town Clerk called the roll with Council Member
Adams, Council Member Altice, Council Member Hare,
Vice Mayor Nance, and Mayor Grose present. After a
Moment of Silence, Mr. Altice led the Pledge of
Allegiance to the U.S. Flag.
Roll Call
Mr. Adams made a motion that the consent agenda be
approved as presented; the motion was seconded by Mr.
Hare and carried by the following vote, with all members
voting: Vote 5-0; Yeas (5) – Adams, Altice, Hare, Nance,
Grose; Nays (0) - None.
Approved minutes of the May 7,
2013 and May 21, 2013 Council
meetings
The next three items on the agenda were to consider
adoption of three ordinances relating to the FY2014
budget. The Town Manager commented that the
operational part of the proposed budget provides quality,
well-delivered services to the Town. The struggle of
the budget is with the capital side and how do we have
the necessary funds to replacement equipment, invest
and maintain our buildings and our infrastructure and
other projects related to the Greenways and our portion
of the Walnut Avenue bridge replacement. We currently
have a five-year Capital Improvement Plan that
prioritizes projects. The proposed budget includes an
8.7% increase in the water and wastewater rates to pay
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for $2 million of capital projects and a cigarette tax
increase of $0.15 is also proposed. The total budget is
$11,335,247. There is a recommended budget and an
alternative budget which was presented during the work
session that does not include the cigarette tax increase.
The Town Manager then commented that we had the
Public Hearings on the rate and tax increases at our May
21, 2013 meeting and received no public comments. He
has spoken with several business owners regarding the
cigarette tax increase and indicated to them that they
could attend the Council meeting and voice their
concerns.
The Mayor opened the floor for any comments
regarding the water and wastewater rate increases and
the cigarette tax increase. The following individuals
made comments in opposition to the cigarette tax
increase: Susan Hayth, 1816 Clay Street, SE, Roanoke;
D. B. Patadia, 2835 Matthew Drive, Vinton; Jay Patel of
216 Minnie Bell Lane, Vinton; Shita Patel, 1325 East
Washington Avenue, Vinton; Lisa Chambers, 218
Washington Avenue, Vinton; Teju Patadia, 2835
Matthew Drive, Vinton; and Ken Ingram of 5844
Saddleridge Road, SW, Roanoke. Mr. Patel also
provided a 12-page petition signed by patrons indicating
they were residents of Vinton and oppose the raising of
the cigarette tax.
Mr. Hare commented that as he had stated over the past
several months, he is not in favor of raising the cigarette
tax. He feels this is a tax that singles out one group of
people and he is concerned about what kind of impact it
will have on our local economy. An alternative budget
has been presented without the cigarette tax increase
and he feels this is the better way.
Mr. Hare then gave an analogy comparing his home to
the CIP for the town. He has a list of items that need
repairing and he has to figure out how to do it with the
money he has. When he wants to accomplish
something on the list, he saves for it. We have shown
in the last two years that we have the ability to realize
savings in various areas of the budget and that the
budget is just our best estimate of where we think we will
be in a year. With the due diligence of our staff who
continues to underspend the funds we give them, we
have shown time and time again we can work with what
we are given.
Vice Mayor Nance commented that he supported the
original request for the cigarette tax because there was a
very dark budget forecast at that point and it ended up
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being a life preserver for the last few years. This year,
he does not feel like we need the increase. Mr. Nance
again reviewed the proposed alternative budget and
commented that it will make the CIP list shorter without
having the impact on the businesses and the citizens.
He is supporting the water and wastewater rate increase
because we have pipes in the ground that are 80 years
old.
Mr. Nance commented that there are different
approaches. He reiterated that you can fit your revenue
to the size of your government or you can fit your
government to the size of your revenue. He feels that
the government’s size should be dictated by how much
money we bring in.
Mr. Nance further commented that every member of
Council wants what is best for this town. However, if
there are members of Council who agree with this tax
increase proposal in this budget, they are not being
unreasonable. They feel that it is necessary and their
priorities are slightly different than mine. He is in
agreement with 99.5% of the budget and it if passes as
proposed he will support it.
Mr. Altice commented on the savings in salaries and the
elimination of part-time help a few years ago. We
worked to get the level of services up to a certain
standard and he would not want to see us have to cut
anything out. The only way he can assure that we do
not cut anything is to increase the cigarette tax. That is
why he supports it.
Mr. Adams commented that he has listened to both
sides. Our staff has cut everything they can, but have
been able to balance the budget and keep the level of
services we expect. I want to make sure that we have
the funds to provide these same services in the future.
Like Mr. Altice, he does not want to see anything cut.
He has to support the cigarette tax increase to make
sure this town has the funds to do what it needs to do.
The Mayor said he supports the original proposal for the
budget that does include the 8.7% increase in the water
and wastewater fees as well as the cigarette tax. As far
as the water and wastewater fees, we have
infrastructure in the ground that is old and we have to do
something about it.
In Virginia there are only a few sources of revenue that
we have to support the entire town and the cigarette tax
is one of them. When we look at our budget it is a very
reasonable budget. If we do not have the proper
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equipment and the revenue to maintain our town it
becomes a very unattractive and unsafe place and the
citizens are really going to suffer, suffer more than this
tax. The cigarette tax puts on the right track for a
revenue stream for several years whereas some of the
other savings that have been mentioned are very
legitimate, but they are more or less a one time savings.
He has operated a small business for 37 years and
appreciates how hard it is, but he also understands that
the revenues have to be there to have our government
function as it should.
Vice Mayor Nance commented that the alternative
budget being suggested would not mean a cut in
services to any individual in this town if we were to
forego a tax increase this year.
The next item on the agenda was to consider
adoption of an Ordinance revising the Water and
Wastewater Fees and Charges Schedule by an increase
of 8.7 percent, pursuant to authority granted by Virginia
Code §§ 15.2-2111, 15.2-2119 and 15.2-2122,
according to the Vinton Town Code, Chapter 24, Utilities,
Section 94-22 Fees and charges for water service and
Section 94-74, Fees and charges for wastewater
service. Mr. Hare made a motion that the Ordinance be
adopted as presented; the motion was seconded by Mr.
Altice and carried by the following roll call vote, with all
members voting: Vote 5-0; Yeas (5) – Adams, Altice,
Hare, Nance, Grose; Nays (0) - None.
Adopted Ordinance No. 937 revising
the Water and Wastewater Fees
and Charges Schedule by an
increase of 8.7 percent, pursuant to
authority granted by Virginia Code
§§ 15.2-2111, 15.2-2119 and 15.2-
2122, according to the Vinton Town
Code, Chapter 24, Utilities, Section
94-22 Fees and charges for water
service and Section 94-74, Fees
and charges for wastewater service
The next item on the agenda was to consider
adoption of an Ordinance increasing an excise tax on
the sale of cigarettes from $0.20 to $0.35 on each
package containing 25 or fewer cigarettes. Mr. Altice
made a motion that the Ordinance be adopted as
presented; the motion was seconded by Mr. Adams and
carried by the following roll call vote, with all members
voting: Vote 3-2; Yeas (3) – Adams, Altice, Grose; Nays
(2) – Hare, Nance.
Adopted Ordinance No. 938
increasing an excise tax on the sale
of cigarettes from $0.20 to $0.35 on
each package containing 25 or
fewer cigarettes
The next item on the agenda was to consider
adoption of an Ordinance approving the Town of Vinton,
Virginia budget for the fiscal year beginning July 1, 2013
and ending June 30, 2014. Mr. Altice made a motion
that the Ordinance be adopted as presented; the motion
was seconded by Mr. Adams and carried by the
following roll call vote, with all members voting: Vote 3-
2; Yeas (3) – Adams, Altice, Grose; Nays (2) – Hare,
Nance. Vice Mayor Nance commented that his “no”
vote was only in respect to the tax increase. He now
fully supports the decision made by Council.
Adopted Ordinance No. 939
approving the Town of Vinton,
Virginia budget for the fiscal year
beginning July 1, 2013 and ending
June 30, 2014.
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The next item on the agenda was to consider
adoption of a Resolution authorizing the Town Manager
to execute an extension of services to our existing
agreement for Business District Revitalization Planning
Project (dated January 15, 2010) with Hill Studio to
provide additional services for implementation of the
Downtown Physical Improvement Plan through the
awarded Community Development Block Grant.
Ryan Spitzer commented that this item is to secure the
services of Hill Studio to be the primary architect and
planner for the Downtown Grant project. They will
contract with Gay & Neel to do the engineering work.
The cost for the services of both will still fall within the
budget that has been approved for the Grant. Mr.
Spitzer further commented that this is an extension of
services because the original RFP in 2010 included a
provision to contract with Hill Studio to do the primary
work on the project instead of having to bid it out again.
Mr. Adams made a motion that the Resolution be
approved as presented; the motion was seconded by Mr.
Altice and carried by the following roll call vote, with all
members voting: Vote 5-0; Yeas (5) – Adams, Altice,
Hare, Nance, Grose; Nays (0) - None.
Adopted Resolution No. 2020
authorizing the Town Manager to
execute an extension of services to
our existing agreement for Business
District Revitalization Planning
Project (dated January 15, 2010)
with Hill Studio to provide additional
services for implementation of the
Downtown Physical Improvement
Plan through the awarded
Community Development Block
Grant.
The Mayor commented on the Luau held at the pool
for our Vinton Volunteers and expressed thanks to the
staff who was involved. He welcomed Mr. Altice back.
The Mayor also reminded everyone of the June 11th and
25th Roanoke County Board of Supervisors meetings
approving the CIP to include the new Vinton branch
library.
Mr. Hare gave a brief overview of the Financial
Report for April 2013. The Finance Committee reviewed
the April financials and a preliminary draft of the May
report. The information provided during the work
session showed an end of year forecast where some
savings might be. Vice Mayor Nance commented that
the Committee felt very comfortable that the trend that
we have seen before will continue and we will have at
least $100,000 in surplus.
Mr. Hare commented that the savings in salaries this fiscal
year is not from part-time employees, it is from the Police
Department. Mr. Altice indicated he was referring to the
part-time employees that have been eliminated in prior
budgets.
Mr. Hare then commented that this is the second year in a
row that we will be adding back to the General Fund. For
the month of April the General Fund revenues are at 106%
and expenditures are at 91%. The Utility Fund is at 96%
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in revenues and expenditures are at 81%.
The Town Manager commented that in the future we will
attach the summary sheet of the financial report to the
agenda and put the entire financial reports on the website.
Mr. Thompson commented that at the end of May with the
collection of taxes he was able to transfer $700,000 to
our money market account. Mr. Hare made a motion to
accept the April 2013 financial report as presented; the
motion was seconded by Vice Mayor Nance and carried
by the following vote, with all members voting: Vote 5-0;
Yeas (5) – Adams, Altice, Hare, Nance, Grose; Nays (0) -
None.
Accepted the April 2013 financial
report
Comments from Council: Mr. Hare commented
about the professional way that Council handled the
entire budget process. Vice Mayor Nance commented
that it was good to have Mr. Altice back. Mr. Adams
commented on the good job that Public Works is doing
maintaining the weeds in the Midway and downtown
areas of town. He also asked about the time frame for
the new bridge at Walnut Avenue and the response was
they should begin the work in late Summer or early Fall.
Mr. Adams also commented on the Luau.
Vice Mayor Nance made a motion that Council go
into a Closed Meeting pursuant to § 2.2-3711 A of the
1950 Code of Virginia, as amended, for discussion
regarding appointments to boards and commissions as
authorized by subsection 1; 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 8:42 p.m.
At 8:58 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 Vice Mayor Nance, 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.
Vice Mayor Nance made the following nominations:
Christopher S. Lawrence be re-appointed to the
Roanoke Valley-Alleghany Regional Commission
Executive Committee for a new three-year term expiring
on June 30, 2016; Matthew S. Hare be re-appointed to
the Roanoke Valley Greenway Commission for a new
three-year term expiring on June 30, 2016; and Arthur
La Roche, III be re-appointed to the Roanoke Valley
Greenway Commission for a new three-year term
Certification of Closed Meeting
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expiring on June 30, 2016. Mr. Hare made a motion to
accept the nominations; the motion was seconded by
Vice Mayor Nance and carried by the following vote, with
all members voting: Vote 5-0; Yeas (5) – Adams, Altice,
Hare, Nance, Grose; Nays (0) – None.
The meeting was adjourned at 9:02 p.m.
Re-appointment of Christopher S.
Lawrence to the Roanoke Valley-
Alleghany Regional Commission
Executive Committee for a new
three-year term expiring on June 30,
2016; Matthew S. Hare to the
Roanoke Valley Greenway
Commission for a new three-year
term expiring on June 30, 2016; and
Arthur La Roche, III to the Roanoke
Valley Greenway Commission for a
new three-year term expiring on
June 30, 2016.
APPROVED:
________________________________
Bradley E. Grose, Mayor
ATTEST:
___________________________________
Susan N. Johnson, Town Clerk
Meeting Date
June 18, 2013
Department
Police
Issue
Officer of the Month for May 2013 – Sergeant Todd Bailey
Summary
Sergeant Todd Bailey was selected as Officer of the month for May and will be recognized at the
meeting
Attachments
Memo from Chief Cook
Recommendations
Read Memo
Town Council
Agenda Summary
Meeting Date
June 18, 2013
Department
Planning & Zoning
Issue
Conduct a Public Hearing to receive public comments regarding the petition of Karen Sloan for a
Special Use Permit (SUP) to operate a hair salon at 1031 Almond Drive, Tax Map Number 61.17-
03-34, zoned R-1 Residential District.
Summary
During the Town Council work session held on June 4, 2013, members were briefed on Ms.
Sloan’s petition. A hair salon is considered to be a personal service business. Per Article IV,
District Regulations, Division 2, R-1 Residential District, in order to operate a personal service
business in this district, a SUP would have to be applied for and granted.
On June 13, 2013, the Planning Commission held a public hearing to consider comments
regarding the petition. They voted to recommend approval to Town Council, with the following
conditions being agreed to by the petitioner:
1. There will be no more than one work station in the home; and
2. There will be no more than two customers on site at any time.
Attachments
Statement by Petitioner
Ordinance
Recommendations
Conduct Public Hearing
Motion to adopt Ordinance
Town Council
Agenda Summary
ORDINANCE NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
JUNE 18, 2013 AT 7:15 PM AT THE VINTON MASONIC LODGE, 1017 EAST
WASHINGTON AVENUE, VINTON, VIRGINIA
AN ORDINANCE to approve the petition of Karen Sloan for a Special Use Permit (SUP) to
operate a hair salon at 1031 Almond Drive, Tax Map Number 61.17-3-34, zoned R-1 Residential
District.
THEREFORE, BE IT ORDAINED by the Council of the Town of Vinton, Virginia that the
petition of Karen Sloan for a Special Use Permit (SUP) to operate a hair salon at 1031 Almond Drive
be approved with the following condition imposed:
1. Only one work station and no more than two customers at any given time.
This Ordinance was adopted on motion made by Council Member __________,
seconded by Council Member _________________, with the following votes recorded:
AYES
NAYS
APPROVED:
Bradley E. Grose, Mayor
ATTEST:
__________________________________
Susan N. Johnson, Town Clerk
Meeting Date
June 18, 2013
Department
Administration
Issue
Consider adoption of a Resolution authorizing the issuance of General Obligation Bonds in an
aggregate principal amount not to exceed $4,240,000, and providing for the form, details and
payment of the bonds and the refunding of certain prior bonds and authorizing certain related
actions.
Summary
As presented to Town Council at the public hearing on June 4th, Davenport and Co., along with
staff is recommending we proceed with closing on a $2,000,000 bond for new money with
Capital One. In addition, we recommend refinancing the 2004 series with Carter Bank.
Attachments
Formal recommendation from Financial Advisors
Resolution written by Bond Counsel
Recommendations
Motion to adopt Resolution
Town Council
Agenda Summary
1
MEMORANDUM
To: Chris Lawrence, Town Manager
Barry Thompson, Director of Finance
From: Courtney Rogers, Senior Vice President
Doug Gebhardt, Analyst
Davenport & Company LLC
Date: Friday, May 31, 2013
Subject: General Obligation New Money and Refunding Bond, Series 2013
Town of Vinton, Virginia
In our capacity as Financial Advisor to the Town of Vinton, Virginia (the “Town”), Davenport &
Company LLC (“Davenport) has performed an analysis on various financing options for the Town’s
General Obligation New Money and Refunding Bond, Series 2013. The Town wishes to issue
approximately $2,000,000 of New Money as well as to refinance the Town’s existing VML/VACO
Series 2004B and VRA Series 2004B Bonds and potentially its VML/VACO Series 2006C General
Obligation Bonds and VRA Series 2006A Revenue Bonds.
On May 3, 2013, Davenport along with Town Staff, submitted an application to the Virginia Resources
Authority (“VRA”) for the potential financing mentioned above. The Town, Spilman Thomas and
Battle (Bond Counsel), and Davenport held a due diligence conference call with VRA on May 14 as
part VRA’s credit review process.
Additionally, on May 7, 2013 Davenport distributed a Request for Proposal for a direct loan to 31
local, regional and national banking institutions as well as to VML/VaCO Finance. The Request for
Proposal asked for four separate rate quotes. The first rate requested was a 30 year rate on the new
money principal amortization where $181,000 would be paid over a 5-year period with the balance
over 30-years. As mentioned during our presentations to Town Council we were not sure if a rate
would be given over this length of time. Consequently, a 20-year rate was requested as well. With the
real possibility that the 2006 Bonds might not make financial sense to be refinanced, Davenport also
requested proposals on two refunding rates, one for the 2004 Bonds only (12 years to final maturity)
and the other for the 2004 & 2006 Bonds combined (14 years to final maturity). On May 21, 2013
Davenport received four proposals in response to the Request for Proposal.
The remainder of this memorandum sets forth the results from the Request for Proposal and
Davenport’s recommendation.
Public Finance Department
804-697-2900
Post Office Box 85678
Richmond, Virginia 23285-5678
One James Center
901 East Cary Street
Richmond, Virginia 23219-4037
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New Money:
Of the four proposals received from the various banking institutions, none were willing to provide the
Town with a 30-year rate. However, three provided fixed rates for 20 years. Capital One Public
Funding (“Capital One”) offered the lowest 20-year rate at 2.85% fixed over the loan’s life. The
Town’s debt service would be approximately $160,000 annually in the first five Fiscal Years and
approximately $120,000 annually thereafter. When compared to a 30-year VRA loan using market
rates as of May 21, 2013, the cash flow impact on the Town of the shorter 20-year bank amortization
would be approximately $20,000 more annually. More simply put, the Town would have $20,000 of
additional debt service in the first 20 years should the Town choose Capital One versus a 30-year
amortization. However, since the Virginia Resources Authority’s next pool bond sale is not until
August of 2013, the Town becomes susceptible to market volatility. While this could turn positive
since receiving the bank bids interest rates have increased roughly 20 basis points or 1/5 of 1%. By
accepting the bank bids the Town locks in the interest rates. Davenport is recommending moving
forward with Capital One. However we need to confirm in writing that they will hold the bid until
June 27, 2013, our projected closing date.
Refinancing:
The first thing Davenport analyzed regarding the refundings was the viability of pursuing the refunding
the Series 2006 bonds. At this time, Davenport does not recommend refinancing either of the 2006
issues due to the high amount of negative arbitrage compared to the amount of net present value
savings. Therefore, the 2006 bonds have been removed from subsequent analysis.
The refinancing rates from the Request for Proposals were extremely close. BB&T offered the lowest
rate of 2.04% but had $3,500 of closing costs. Therefore Carter Bank’s rate of 2.05% with no bank
closing costs provided a lower interest cost. If the refunding was issued through VRA as of May 21,
2013 it would provided a more attractive refunding than through the direct bank loans. However, the
market would only have to move away from the Town 8 basis points (0.08%) to result in the same
savings as through Carter Bank. As of the date of this memo the municipal market has given up 21
basis points in the 2022 to 2026 range and 16 basis points through the remainder of the curve. After
this shift in the public market, the refinancing becomes significantly less attractive, by roughly $25,000
of net budgetary savings, in comparison to the Direct Bank loan through Carter Bank. Given this recent
volatility, Davenport recommends that the Town take the “bird in the hand” and refinance the
Series 2004 bonds with Carter Bank. This would result in the Town saving approximately $147,000
in net budgetary dollars and $138,000 in net present value dollars. Additionally, the Town would have
about 7% savings on the 2004 VML/VaCO Bond and 6% on the 2004 VRA Bond, almost double the
industry standard of 3% savings.
Next Steps:
We look forward to discussing this in more detail with the Town on Tuesday, June 4th in anticipation
of Town Council’s final approval on Tuesday, June 18th. We are looking to close the issue on June
27th.
BB&T Capital One Carter Bank SunTrust
Series 2013 Series 2013 Series 2013 Series 2013
FINANCING Series 2013 Series 2013 Series 2013 Series 2013
$2,015,000 - New Money $2,015,000 - New Money $2,015,000 - New Money
AMOUNT $2,240,000 - 2004 Only $6,000,000 $2,240,000 - 2004 Only $2,240,000 - 2004 Only
$3,740,000 - 2004 & 2006 $3,740,000 - 2004 & 2006 $3,740,000 - 2004 & 2006
TERM (NEW MONEY)November 1, 2032 November 1, 2032 November 1, 2032 November 1, 2032
TERM (REFUNDING)November 1, 2024 or 2026 November 1, 2024 or 2026 November 1, 2024 or 2026 November 1, 2024 or 2026
PRINCIPAL PAYMENT Annual Annual Annual Annual
INTEREST PAYMENT Semi-Annual Semi-Annual Semi-Annual Semi-Annual
INTEREST RATE 3.38% - 20 Year 2.85% - 20 Year 3.00% - 20 Year 2.24% - 20 Year Amortization*
(NEW MONEY)N/A - 30 Year N/A - 30 Year N/A - 30 Year N/A - 30 Year
INTEREST RATE 2.04% - 2004 Bonds Only 2.45% - 2004 Bonds Only 2.05% - 2004 Bonds Only 2.09% - 2004 Bonds Only
(REFUNDING)2.33% - 2004 & 2006 Bonds 2.45% - 2004 & 2006 Bonds 2.15% - 2004 & 2006 Bonds 2.19% - 2004 & 2006 Bonds
INTEREST RATE RESET None None None *10 Year Put Option
BANK CLOSING COSTS $3,500 - New Money None None $2,015 - New Money
$3,500 - 2004 Only $2,240 - 2004 Only
$3,500 - 2004 & 2006 Only $2,240 - 2004 & 2006 Only
ACCEPT BY N/A June 7, 2013 N/A N/A
CALL DATE 15 Days Notice - New Money 8 Years - New Money Anytime - New Money Anytime - New Money
15 Days Notice - Refunding 7 Years - Refunding Anytime - Refunding Anytime - Refunding
PREPAYMENT PENALTY None None None None
NOTES
It shall be the responsibility of the
Town to retain and compensate
counsel to appropriately structure
the general obligation bond in
accordance with both Federal and
Virginia Commonwealth Statutes.
BB&T reserves the right to review
the bond, which must be mutually
accepted by BB&T and the Town.
Capital One reserves the right to
have this transaction rated at Capital
One's sole cost at any time during
the term of the Bond. The Town
agrees to cooperate with COPF and
the rating agency in providing any
requested financial or non-financial
information that may be material to
obtaining the rating.
All documentation associated with
this loan shall be in a form and
content acceptable to the bank. The
bank may require documents,
instruments, opinions, approvals
and assurances customary in this
type of financing or as the bank may
reasonably request.
The interest rates quoted herein
takes into consideration a marginal
maximum federal corporate tax rate
of 35%. In the event of a decrease in
the marginal maximum corporate
tax rate, the Lender shall have the
right to adjust the interest rate
upwards in order to maintain the
same after tax yield or the Lender.
In no event will the rate exceed
2.46% for Loan A, 2.30% for Loan
B, or 2.41% for Loan C.
All proposals are subject to the negotiation of mutually satisfactory documentation and final terms between the Town and the Bank.
Prepared by Davenport & Company LLC
Friday, May 31, 2013
2013 Tax-Exempt, Bank-Qualified New Money & Refunding Bonds
Town of Vinton, Virginia
Summary of Bids Received
Year Principal*Interest*Total*
6/30/2014 $111,264 $48,617 $159,881
6/30/2015 106,834 53,048 159,881
6/30/2016 109,923 49,959 159,881
6/30/2017 113,101 46,781 159,881
6/30/2018 116,371 43,511 159,881
6/30/2019 79,588 40,718 120,307
6/30/2020 81,889 38,417 120,307
6/30/2021 84,257 36,050 120,307
6/30/2022 86,693 33,614 120,307
6/30/2023 89,200 31,107 120,307
6/30/2024 91,778 28,528 120,307
6/30/2025 94,432 25,875 120,307
6/30/2026 97,162 23,145 120,307
6/30/2027 99,971 20,335 120,307
6/30/2028 102,862 17,445 120,307
6/30/2029 105,836 14,471 120,307
6/30/2030 108,896 11,411 120,307
6/30/2031 112,044 8,263 120,307
6/30/2032 115,283 5,023 120,307
6/30/2033 118,616 1,690 120,307
Total $2,026,000 $578,008 $2,604,008
*Preliminary, subject to change.
Costs of Issuance to be confirmed.
20 Year Loan
New Money Rate of 2.85%
Town of Vinton, Virginia
Captial One
Net Budgetary
Year Principal Interest Total Principal*Interest*Total*Savings*
6/30/2014 $0 $85,285 $85,285 $33,505 $39,502 $73,008 $12,277
6/30/2015 0 85,285 85,285 28,154 44,853 73,008 12,277
6/30/2016 170,000 81,798 251,798 196,974 42,546 239,520 12,277
6/30/2017 175,000 74,810 249,810 199,046 38,487 237,533 12,277
6/30/2018 185,000 67,610 252,610 205,998 34,335 240,333 12,277
6/30/2019 190,000 60,110 250,110 207,738 30,094 237,833 12,277
6/30/2020 205,000 52,210 257,210 219,215 25,718 244,933 12,277
6/30/2021 210,000 43,835 253,835 220,345 21,212 241,558 12,277
6/30/2022 220,000 35,023 255,023 226,109 16,636 242,745 12,277
6/30/2023 225,000 25,744 250,744 226,470 11,997 238,467 12,277
6/30/2024 240,000 15,861 255,861 236,330 7,254 243,584 12,277
6/30/2025 245,000 5,359 250,359 235,666 2,416 238,082 12,277
Total $2,065,000 $632,930 $2,697,930 $2,235,551 $315,050 $2,550,601 $147,329
*Preliminary, subject to change. Costs of issuance to be confirmed and escrow securities to be bid out.
Net Present Value Savings of $138,245.99 or 6.69%.
2004 VML/VaCO 12 Year Loan
& 2004 VRA Bonds Refunding Rate of 2.05%
Town of Vinton, Virginia Town of Vinton, Virginia
Existing Debt Carter Bank
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
JUNE 18, 2013 AT 7:15 PM AT THE VINTON MASONIC LODGE, 1017 EAST
WASHINGTON AVENUE, VINTON, VIRGINIA
RESOLUTION OF THE COUNCIL OF THE TOWN OF VINTON
AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS IN
AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $4,240,000,
AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT OF THE
BONDS AND THE REFUNDING OF CERTAIN PRIOR BONDS AND
AUTHORIZING CERTAIN RELATED ACTIONS
The Town of Vinton, a political subdivision of the Commonwealth of Virginia (the “Town”),
has previously issued its $1,015,000 General Obligation Public Improvement Bond, Series 2004 and
$2,500,000 General Obligation Bond, Series 2004 (the “Prior Bonds”), and the Council of the Town
(the “Council”) desires to reduce debt service costs to the Town by refunding a portion of the Prior
Bonds.
On May 21, 2013, the Council held a public hearing on the proposed issuance by the Town of
bonds in an estimated maximum amount of $2,000,000 to provide funds, together with other
available funds, to pay the costs of capital improvements of water and wastewater facilities of or
used by the Town (collectively, the “Facilities”).
The Council desires to provide for the issuance of its bonds, the proceeds of which will be
used to refund a portion of the Prior Bonds and to pay the costs of the capital improvements to the
Facilities, and pay the costs of issuing the bonds, to provide for the form, details and payment of the
bonds and the refunding of the Prior Bonds and to authorize certain related actions.
BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF VINTON:
ARTICLE I
THE BONDS
Section 1.1. Authorization of Bonds. The Council determines it to be advisable, necessary
and expedient for the Town to borrow an amount not to exceed $4,240,000 in the aggregate, to
provide funds, together with other funds that may be available, to refund the Prior Bonds, to pay the
costs of capital improvements to the Facilities, and pay the costs of issuing the bonds authorized by
this resolution. Pursuant to the Constitution of Virginia and the Public Finance Act of 1991, the
Council authorizes to be issued and sold, at one time or from time to time, general obligation bonds
of the Town in an aggregate principal amount not to exceed $4,240,000 (the “Bonds”).
The Bonds shall be general obligations of the Town, the principal of, premium, if any, and
interest on which are payable from ad valorem taxes to be levied without limitation as to rate or
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amount on all property in the Town subject to taxation, to the extent other funds of the Town are not
available and appropriated for such purpose, and a pledge of the full faith and credit of the Town.
To the extent permitted by Section 15.2-2601 of the Public Finance Act of 1991 (Chapter 26,
Title 15.2, Code of Virginia of 1950, as amended) (the “Act”), the Council elects to issue the Bonds
under the provisions of the Act without regard to the requirements, restrictions or other provisions
contained in any charter or local or special act.
Section 1.2. Details of Bonds. The Bonds shall be issued as two fully registered bonds
without coupons. The proceeds of one of the Bonds (the “Refunding Bond”) will be used to refund a
portion of the Prior Bonds and the proceeds of the other of the Bonds (the “New Money Bond”) will
be used to pay costs of capital improvements to the Facilities. Each of the Bonds shall be in the
principal amount and shall bear interest at the rate or rates, and the principal of such Bond and
interest thereon shall be repayable in the amounts and on the dates, all as established in accordance
with Section 1.3 of this resolution.
Section 1.3. Other Details of the Bonds. Each of the Mayor and Vice Mayor of the Town is
authorized and directed to determine, before the issuance of each of the Bonds, the principal amount
of the Bond, the date of the Bond, the interest rate or rates thereon or the means for determining such
rate or rates, and the due dates and amounts of the installments of principal of and interest on the
Bond, the provisions, if any, for optional redemption of the Bond, and all other details of the Bond,
provided, however that:
a. the final maturity of each Bond shall not exceed twenty-five (25) years from the date
of the Bond;
b. the aggregate principal amount of all the Bonds shall not exceed $4,240,000;
c. the Refunding Bond shall be issued in a principal amount not exceeding that
necessary to amortize the principal of and premium, if any, and interest on the portion
of the Prior Bonds to be refunded and pay all expenses reasonably incurred in the
issuance of the refunding Bond less the amount then in any sinking, escrow and other
funds which are available for the payment of the principal, premium, if any, or
interest on the portion of the Prior Bonds to be refunded;
d. the New Money Bond shall be issued in a principal amount not exceeding
$2,000,000; and
e. the interest on rate on either of the Bonds shall not exceed 2.85% per annum.
The execution of any Bond as described in Section 1.4 of this resolution shall conclusively evidence
the details of that Bond as having been so determined as authorized by this resolution.
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Section 1.4. Execution of Bonds. The Bonds shall bear the manual or facsimile signatures
of the Mayor or Vice Mayor of the Town and shall bear a manually impressed or imprinted facsimile
of the seal of the Town, attested by the manual or facsimile signature of the Clerk of the Town. In
case any officer whose signature shall appear on any Bond shall cease to be such officer before the
delivery of the Bond, such signature shall nevertheless be valid and sufficient for all purposes, the
same as if he had remained in office until such delivery. Any Bond may be signed by such persons
as at the actual time of the execution thereof shall be the proper officers to sign such Bond although
at the date of such Bond such persons may not have been such officers.
Section 1.5. Form of Bonds. The Bonds shall be in substantially the following form, with
such appropriate variations, insertions and omissions as shall be consistent with this resolution:
No. R-1 $[amount]
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
TOWN OF VINTON
General Obligation [Refunding] Bond
Series 2013
Dated Date
[date]
Registered Owner:
The Town of Vinton, a political subdivision of the Commonwealth of Virginia (the “Town”),
for value received, acknowledges itself indebted and promises to pay to the registered owner named
above or registered assigns, the principal sum of $[amount] in annual installments in the amounts set
forth on Schedule I attached to this Bond, due and payable on November 1, 2013, and annually on
November 1 thereafter to and including November 1, [year], together with interest from the date of
this Bond on the unpaid installments at the rate of __% per annum, payable semi-annually on May 1
and November 1 of each year, commencing on November 1, 2013
Interest on this bond shall be computed based on a 360-day year consisting of twelve 30-day
months.
Any payment on this bond shall be applied first to interest accrued to such payment date and
then to principal.
Principal, premium, if any, and interest shall be payable in lawful money of the United States
of America to the registered owner, at its address as it appears on the registration books kept for that
purpose at the principal office of the Treasurer of the Town, who has been appointed Registrar. In
4
case the date of maturity of the principal of this bond or the date fixed for the redemption of this
bond shall be a date on which banking institutions are authorized or obligated by law to close at the
place where the principal office of the Registrar is located, then payment of principal, premium, if
any, and interest need not be made on such date, but may be made on the next succeeding date which
is not such a date at the place where the principal office of the Registrar is located, and if made on
such next succeeding date no additional interest shall accrue for the period after such date of maturity
or date fixed for redemption.
This bond has been authorized by a resolution duly adopted by the Council of the Town on
June 18, 2013 (the “Resolution”), and is issued pursuant to the Constitution and applicable statutes
of the Commonwealth of Virginia, including the Public Finance Act of 1991 (Chapter 26, Title 15.2,
Code of Virginia of 1950, as amended) to provide funds, together with other funds that may be
available, to [refund certain bonds of the Town] [to make certain capital improvements to water and
wastewater facilities owned or used by the Town] , and to pay the cost of issuing this bond. Copies
of the Resolution are on file at the office of the Registrar. Reference is hereby made to the
Resolution and any amendments thereto for the provisions, among others, describing the pledge of
the full faith and credit of the Town and covenants securing this bond, the nature and extent of the
security, the terms and conditions upon which this bond is issued, the rights and obligations of the
Town and the rights of the holder of this bond.
This bond and the premium, if any, and interest thereon are payable from ad valorem taxes to
be levied without limitation as to rate or amount on all property in the Town subject to taxation to
the extent other funds of the Town are not available and appropriated for such purpose, and a pledge
of the full faith and credit of the Town. This bond and the premium, if any, and interest hereon shall
not be deemed to constitute a pledge of the faith and credit of the Commonwealth of Virginia or any
political subdivision thereof, except the Town. Neither the faith and credit nor the taxing power of
the Commonwealth of Virginia or any political subdivision thereof, except the Town, is pledged to
the payment of the principal of, or premium, if any, and interest on, this bond.
[Until [date], 2021, the principal of this bond is not subject to prepayment or redemption. On
and after [date], 2021, the principal of this bond is subject to prepayment in whole or in part at
anytime at the option of the Town without penalty or premium.] [The principal of this bond is
subject to prepayment in whole or in part at anytime at the option of the Town without penalty or
premium.] Prepayments of installments of principal shall not affect the obligation of the Town to pay
the remaining installments payable as provided above.
This bond shall be governed by and construed in accordance with the laws of the
Commonwealth of Virginia.
All acts, conditions and things required by the Constitution and statutes of the
Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this
bond have happened, exist and have been performed, and this bond, together with all other
indebtedness of the Town, is within every debt and other limit prescribed by the Constitution and
statutes of the Commonwealth of Virginia.
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IN WITNESS WHEREOF, the Town has caused this bond to bear the manual or facsimile
signature of the Mayor or Vice Mayor of the Council of the Town, its seal to be imprinted or
impressed hereon and attested by the manual or facsimile signature of the Clerk of the Council of the
Town, and this bond to be dated the dated date shown above.
SEAL
Attest:
[FORM OF BOND-NOT FOR
SIGNATURE]
_________________________________
Clerk, Town of Vinton
[FORM OF BOND-NOT FOR
SIGNATURE]
_________________________________
Mayor, Town of Vinton
END OF BOND FORM
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Section 1.8. Registrar. The Treasurer of the Town is appointed Registrar for the Bonds.
Section 1.9. Registration, Transfer and Exchange. The Town shall cause books for the
registration and transfer of the Bonds to be kept at the principal office of the Registrar, and the Town
hereby instructs the Registrar to keep such books and to make such registrations and transfers under
such reasonable regulations as the Town or the Registrar may prescribe. Transfer of the Bonds may
be registered upon books maintained for this purpose at the office of the Registrar. Prior to due
presentment for registration of transfer the Registrar shall treat the registered owner as the person
exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all
other rights and powers of the owner.
Upon surrender for transfer or exchange of any Bond at such office, the Town shall execute
and deliver in the name of the transferee or transferee a new Bond for the aggregate principal amount
which the registered owner is entitled to receive, subject in each case to such reasonable regulations
as the Town or the Registrar may prescribe. Any Bond presented for transfer, exchange, or payment,
(if so required by the Town or the Registrar) shall be accompanied by a written instrument or
instruments of transfer or authorization for exchange, in form and substance reasonably satisfactory
to the Town and the Registrar, duly executed by the registered owner or by his duly authorized
attorney-in-fact or legal representative. No Bond may be registered to bearer.
The new Bond delivered upon any transfer or exchange shall be a valid obligation of the
Town, evidencing the same debt as the Bond surrendered, shall be secured by this Resolution and
entitled to all of the security and benefits hereof to the same extent as the Bond surrendered.
Section 1.10. Charges for Exchange or Transfer. No service charge shall be made for any
exchange or transfer of the Bonds, but the Town may require payment of a sum sufficient to cover
any tax or other governmental charge that may be imposed in relation thereto.
ARTICLE II
SALE OF BONDS; APPLICATION OF PROCEEDS
Section 2.1. Preparation and Sale of Bonds. The Council hereby determines that it will be in
the best interests of the Town and the Commonwealth of Virginia to sell the Refunding Bond to
Carter Bank & Trust at a price of par and the New Money Bond to Capital One Public Funding, LLC
at a price of par. The Mayor, Vice Mayor and the Clerk of the Town are hereby authorized and
directed to take all proper steps to have the Bonds prepared and executed in accordance with their
terms.
Section 2.2. Application of Proceeds of Bonds. The proceeds derived from the sale of the
Bonds shall be applied as follows:
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(a) a portion of the proceeds of the Refunding Bond shall be paid to the
Escrow Agents under the Escrow Agreements described in Section
3.2 of this resolution and as otherwise required under the documents
governing the Prior Bonds to defease the portion of the Prior Bonds to
be refunded and the balance of such proceeds shall deposited in the
Fund described in (b) below and used to pay costs of issuing the
Refunding Bond; and
(b) the proceeds of the New Money Bond shall be paid to, or at the
direction of, the Town Manager or the Town Treasurer who shall
promptly deposit the funds in a bank or other depository to the credit
of the Town. Those proceeds, together with the proceeds deposited
therein pursuant to (a) above, shall be accounted for through a fund
designated “Town of Vinton Series 2013 Bond Proceeds Fund” (the
“Fund”), to be applied to the costs of the capital improvements to the
Facilities and the costs of issuance of the New Money Bond and the
Refunding Bond.
Each of the Treasurer and the Town Manager of the Town is authorized and directed to receipt for
such proceeds and to provide that the proceeds described in subclauses (a) and (b) above are applied
as required by this resolution. The Treasurer and the Town Manager of the Town have reviewed the
Information Statement describing the State Non-Arbitrage Program of the Commonwealth of
Virginia (“SNAP”) and the Contract Creating the State Non-Arbitrage Program and the SNAP Fund
Prospectus (found at http://www.vasnap.com/documents.htm), and the Council has determined to
authorize the Town Manager or the Treasurer to use SNAP in connection with the investment of the
proceeds of the New Money Bond until such proceeds are used for the purposes of the New Money
Bond, if either of such officers determines that the use of SNAP is in the best interest of the Town.
ARTICLE III
REFUNDING OF A PORTION OF THE PRIOR BONDS
Section 3.1. Selection of Bonds to be Refunded. The Council authorizes and directs any one
of the Mayor, Vice Mayor and Town Manager to determine which principal installments coming due
on the Prior Bonds will be refunded by proceeds of the Refunding Bond and to take all actions
necessary or desirable to arrange for such refunding in accordance with this resolution.
Section 3.2. Escrow Agreements. The Council approves and authorizes Escrow Agreements
between the Town and one or more financial institutions or corporate trustees, as Escrow Agents, in
connection with the refunding of the portion of the Prior Bonds to be refunded. The Council directs
each Escrow Agent to purchase from the United States Treasury, for the benefit of the Town, the
investment securities to be identified in its respective Escrow Agreement, at the prices to be stated
therein, for deposit in the Escrow Fund established under its respective Escrow Agreement. Each of
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the Mayor, Vice Mayor and Town Manager is authorized to execute and deliver on behalf of the
Town the Escrow Agreements in forms approved by any of them to be adequate, whose approval
shall be evidenced conclusively by the execution and delivery of the Escrow Agreements.
ARTICLE IV
PARTICULAR COVENANTS
Section 4.1. Payment of Bond. The Town shall pay promptly, as provided herein, the
principal of, premium, if any, and interest on the Bonds. Nothing in the Bonds or in this Resolution
shall be deemed to create or constitute an indebtedness of the Commonwealth of Virginia or any
political subdivision thereof other than the Town, or a pledge of the full faith and credit of the
Commonwealth of Virginia or of any political subdivision thereof other than the Town.
Section 4.2. Tax Rate Covenant. The Council hereby covenants and agrees that so long as
any of any of the Bonds is outstanding, to the extent other funds are not lawfully available and
appropriated for timely payment of the Bonds, the Council will levy and collect annually over and
above all other taxes authorized or limited by law, an ad valorem tax, without limitation as to rate or
amount, on all the taxable property in the Town in an amount sufficient to pay principal of, premium,
if any, and interest on the Bonds as the same become due and payable.
ARTICLE V
TAX-EXEMPT OBLIGATIONS
Section 5.1. Tax-Exempt Bonds. The interest on the Bonds issued under this resolution is
intended to be exempt from Federal income taxation. The covenants and provisions in this Article
shall be construed in accordance with that intent.
Section 5.2 Maintenance of Tax-Exempt Status.
(a) No Adverse Action: The Town shall not take any action that would adversely
affect the exemption of interest on the Bonds from Federal income taxation. The Town shall, to the
extent permitted by Virginia law, take all actions necessary to maintain the tax-exempt status of
interest on the Bonds under Federal or Virginia law, including all actions necessary to comply with
Section 103 or Sections 141 through 150 of the Internal Revenue Code of 1986, as amended (the
“Code”) or the regulations promulgated by the Treasury Department with respect thereto. Without
limiting the generality of the foregoing, the Town shall comply with any provision of law which may
require the Town at any time to rebate to the United States any part of the earnings derived from the
investment of the gross proceeds of the Bonds, unless the Town receives an opinion of nationally
recognized bond counsel that such compliance is not required to prevent interest on the Bonds from
being includable in the gross income for Federal income tax purposes of the registered owners
thereof under existing law.
9
(b) Arbitrage/Investment: The Town shall not take or approve any action,
investment or use of the proceeds of the Bonds which would cause the Bonds to be “arbitrage bonds”
within the meaning of Section 148 of the Code and the regulations thereunder. The Town, barring
unforeseen circumstances, shall not request or approve the use of the proceeds of the Bonds other
than in accordance with the Town’s “non-arbitrage” certificate delivered at the time of the issuance
of the Bonds.
(c) Tax Compliance Agreement: Each of the Mayor, Vice Mayor and Town
Manager is hereby authorized and directed to execute and deliver a tax compliance agreement
regarding any matters described in Section 3.2(a) and (b) and any other matters reasonably required
by the initial purchaser of the Bonds, which agreement shall be in such form and content as may be
required by bond counsel to the Town.
(d) Non-Arbitrage and Other Certificates: The Mayor, Vice Mayor, Town
Manager and such other officers as may be requested are hereby authorized to sign appropriate
certificates setting forth, among other things, the expected use and investment of the proceeds of the
Bonds in order to show that such expected use and investment will not violate the provisions of
Section 148 of the Code and regulations issued pursuant thereto, applicable to “arbitrage bonds.”
Such certificates may also contain certain elections with regard to Section 148 of the Code and such
officers are hereby authorized to make such elections on behalf of the Town and the Council.
Section 5.3 Designation as Qualified Tax-Exempt Obligation. The Bonds are not
private activity bonds and are designated by the Council as Qualified Tax-Exempt Obligations, as
defined in Section 265(b)(3) of the Code. The Town represents and covenants as follows:
(i) The Council will in no event designate more than $10,000,000
of obligations as qualified tax-exempt obligations in the current calendar year,
including the Bonds, for the purpose of Section 265(b)(3) of the Code;
(ii) The Town, all its "subordinate entities," within the meaning of
Section 265(b)(3) of the Code, and all entities which issue tax-exempt bonds on
behalf of the Town and such subordinate entities have together not authorized to be
issued more than $10,000,000 of tax-exempt obligations in the current calendar year
(not including "private activity bonds," as defined in Section 141 of the Code),
including the Bonds;
(iii) Barring circumstances unforeseen as of the date of delivery of the
Bonds, the Town will not issue tax-exempt obligations itself or approve the issuance
of tax-exempt obligations of any of such other entities if the issuance of such tax-
exempt obligations would, when aggregated with all other tax-exempt obligations
theretofore issued by the Town and such other entities in the current calendar year,
result in the Town and such other entities having issued a total of more than
10
$10,000,000 of tax-exempt obligations in such year (not including private activity
bonds), including the Bonds; and
(iv) The Council has no reason to believe that the Town and such
other entities will issue in the current calendar year tax-exempt obligations in an
aggregate amount that will exceed such $10,000,000 limit;
provided however, that if the Town receives an opinion of nationally recognized bond counsel that
compliance with any covenant set forth in (i) or (iii) above is not required for the Bonds to be a
qualified tax-exempt obligation, the Town need not comply with such restriction.
ARTICLE VI
MISCELLANEOUS
Section 6.1. Contract with Bondholders. The provisions of this resolution shall constitute a
contract between the Town and the holders of the Bonds for so long as the Bonds are outstanding.
Section 6.2. Authority of Officers and Agents. The officers and agents of the Town shall
do all acts and things required by them of this resolution and the Bond for the complete and punctual
performance of all the terms, covenants and agreements contained therein. The appropriate officers
of the Town are further authorized and empowered to take such other action as they may consider
necessary or desirable to carry out the intent and purpose of this resolution, and the issuance of the
Bonds.
Section 6.3. Limitation of Liability of Officials of Town. No covenant, condition or
agreement contained herein shall be deemed to be a covenant, agreement or obligation of an officer,
employee or agent of the Town in his or her individual capacity, and no officer of the Town
executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or
accountability by reason of the issuance thereof. No officer, employee or agent of the Town shall
incur any personal liability with respect to any other action taken by him or her pursuant to this
resolution, provided he or she acts in good faith.
Section 6.4. Conditions Precedent. Upon the issuance of the Bond all acts, conditions and
things required by the Constitution and statutes of the Commonwealth of Virginia or this resolution
to have happened, exist and to have been performed precedent to or in the issuance of the Bonds
shall have happened, exist and have been performed.
Section 6.5. Headings. Any headings in this resolution are solely for convenience of
reference and shall not constitute a part of the resolution nor shall they affect its meaning,
construction or effect.
11
Section 6.6. Severability. If any court of competent jurisdiction shall hold any provision of
this resolution to be invalid and unenforceable, such holding shall not invalidate any other provision
hereof.
Section 6.7. Effective Date. This resolution shall take effect immediately. All ordinances,
resolutions or parts thereof in conflict herewith are hereby repealed.
Section 6.8. Filing of Resolution. The Clerk of the Council is hereby authorized and
directed to see to the immediate filing of a certified copy of this resolution with the Circuit Court of
Roanoke County, Virginia, pursuant to Section 15.2-2607 of the Public Finance Act of 1991.
12
The undersigned Clerk of the Council of the Town of Vinton, Virginia, certifies that the foregoing
constitutes a true and correct copy of a resolution adopted at a meeting of the Council of the Town of
Vinton, held on June 18, 2013. I hereby further certify that such a meeting was a regular meeting,
duly called and held, and that during the consideration of the foregoing resolution, a quorum was
present. I further certify that the minutes of such meeting reflect how each member of Council voted
with respect to the adoption of the foregoing resolution as follows:
Member Attendance Vote
Bradley E. Gross
Robert R. Altice
I. Douglas Adams, Jr.
Matthew S. Hare
William Nance
SEAL
_______________________________________
Susan N. Johnson, Clerk, Town of Vinton
1
Meeting Date
June 18, 2013
Department
Administration
Issue
Consider adoption of a Resolution authorizing the Mayor and/or the Town Manager to execute a
Lease Purchase Agreement, between the Roanoke Valley Society for the Prevention of Cruelty to
Animals, Inc., a Virginia corporation, and the City of Roanoke, the Town of Vinton, the County
of Roanoke and the County of Botetourt to purchase the current pound property for operation of
the pound by the Localities.
Summary
The Town of Vinton, in partnership with Roanoke County, Roanoke City, and Botetourt County,
have been working over the past several months with the Roanoke Valley SPCA to improve the
services delivered by the Roanoke Center for Animal Control and Protection (Pound). Critical
areas of work have included animal care, shelter conditions and adoption of animals.
The Pound is an open intake facility managed by the RVSPCA on behalf of the four member
jurisdictions. Animals which have been abandoned, neglected, roam at large or released by
owner are received at the Pound.
The members have had a long term contract with the RVSPCA to manage and operate the Pound
on behalf of the local governments. At a formal announcement held on November 1, 2012,
members advised the public that the four (4) local governments would assume operational
responsibility of the Pound as soon as possible. It was noted at the public press conference that
the members and the RVSPCA mutually agreed with this change. The members see this as an
opportunity to establish a structure which would better merge animal control activities with
Pound operations, resulting in improvements in operational efficiency and effectiveness.
Since that time the members’ representatives have continued to work collectively to start the
transition from RVSPCA management to the members’ management.
Town Council
Agenda Summary
2
In December of 2012, Town Council approved an intergovernmental agreement between the four
localities. The agreement is the first legal document presented to the four member elected local
governments to establish a format by which the transition can proceed. Following this
agreement, David Flaggler was offered and accepted the position of Executive Director after a
national search was conducted. Mr. Flaggler has been working over the past two months to
make the transition between the SPCA and RCACP management.
This “pound” agreement does the following: (1) describes the ownership percentage of each of
the localities in the animal shelter located at 1340 Baldwin Ave., Roanoke, VA., (2) establishes a
cost sharing formula based upon usage, (3) creates an Executive Committee consisting of the
managers and administrators of the localities, (4) provides for the appointment of a shelter
director, (5) addresses budget and fiscal agent matters and (6) dispute resolution and termination.
Since December, staff and attorneys for each respective locality have worked with the leadership
and attorneys at the SPCA to finalize a formal separation agreement. Following a meeting held
on Thursday, June 13, all remaining issues have been finalized and agreed to. The agreement
addresses the following items:
• Purchase and sale of the property – expected to transfer in September 2013 to maximize
savings through a refinancing and transfer of title between the SPCA and the local
governments. The purchase price is the approximately $2 million outstanding debt on the
facility, which the local governments currently are already paying.
• Attorney fees are paid by each respective side, SPCA and local governments
• Reserve accounts will be divided up according to the original agreement 50/50 and the
specific amount if based on the audit results of the Roanoke City Municipal Auditor.
• Roanoke County will serve as the fiscal agent for the RCACP.
• All employees of the current RCACP have reapplied and been offered their respective
positions under the employment of Roanoke County.
• Outstanding debt will be refinanced and reorganized from the SPCA accounting books to
that of the four governments based on each localities respective share of the facility. This
equates to approximately 4% for the Town of Vinton, or $80,000.
• The cost of actual physical separation of infrastructure and other related expenses will be
shared between the SPCA (35%) and the four local governments (65%). This is based on
the estimated business usage of these facilities and infrastructure documented by the
Roanoke City Municipal Auditor.
All parties have agreed to complete the appropriate separation agreements this month for an
effective start date of July 1, 2013.
Attachments
None
Recommendations
Motion to adopt Resolution
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, JUNE
18, 2013 AT 7:15 PM AT THE VINTON MASONIC LODGE, 1017 EAST WASHINGTON
AVENUE, VINTON, VIRGINIA
WHEREAS, the Town of Vinton, the Counties of Botetourt and Roanoke, and the City of Roanoke
(collectively “Localities”) desire to enter into a Lease Purchase Agreement, between the Roanoke Valley
Society for the Prevention of Cruelty to Animals, Inc., a Virginia corporation, and the Localities to
purchase the current pound property for operation of the pound by the Localities; and
WHEREAS, the Localities entered into a Roanoke Valley Regional Pound Agreement dated January 7,
2013, to manage and operate said pound facility; and
WHEREAS, Council finds it to be in the best interest of the Town of Vinton to enter into the Lease
Purchase Agreement for purchase of the property upon the terms and conditions stated in the Lease
Purchase Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Vinton Town Council that:
1. The Mayor and/or Town Manager are authorized to execute the Lease Purchase Agreement, and
all documents necessary to accomplish and pertaining to this purchase, between the Roanoke
Valley Society for the Prevention of Cruelty to Animals, Inc., a Virginia corporation, and the
City of Roanoke, the Town of Vinton, the County of Roanoke and the County of Botetourt and
to accept the deed purchasing the property described therein.
2. All such documents shall be approved as to form by the Town Attorney.
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
Meeting Date
June 18, 2013
Department
Public Works
Issue
Consider adoption of a Resolution awarding a bid, authorizing the Town Manager to execute a
contract with Sawyer Paving in the amount of $228,977.18 for street resurfacing and authorizing the
transfer of funds.
Summary
The Town has budgeted a total of $215,000.00 for street resurfacing for FY12/13: $175,000.00
in 200.4101.717, and $40,000.00 in 300.9410.717. The only bid received from the advertised
project was from Sawyer Paving. Their bid for the annual paving program of streets, selected by
the Town, came in at $228,977.18, which exceeds the budgeted amount by $13,977.18.
Town streets are selected for resurfacing each year based on condition, historical information,
and budget. The streets of greatest need are prioritized, then, using cost estimates, the list is
pared in attempt to fit the given budget. This list is presented as a Request for Bids, RFB to
paving companies, from which a contractor is determined based on procurement policies.
The selected streets are:
W. Virginia Avenue, eastbound lanes from the west Town boundary (at the Tinker Creek Bridge)
through the intersection at Pollard Street;
N. Preston Road from Ruddell Road to Washington Avenue;
2nd Street from Walnut Avenue to Virginia Avenue;
Tinker Avenue from 6th Street to Town boundary.
All of these streets are to be milled and paved so that the level of the final surface is very close to
the original level. The milling procedure removes the top layer, or wearing course, of asphalt.
This generally removes the old, worn surface and gives the new layer of asphalt a better contact
surface on which to adhere, and reduces the possibility of putting good asphalt on top of bad.
Virginia Avenue, being a main thoroughfare, is subject to a greater traffic load and larger trucks
than other streets in Town. Owing to these traffic conditions, the segment of Virginia Avenue to
Town Council
Agenda Summary
2
be resurfaced requires deeper milling and a heavier cross sectional depth which also means
increased costs for work and materials than the other streets.
This year, the low bid came from Sawyer Paving, a company that has worked successfully with
the Town many times in previous years. Sawyer’s of bid of $228,977.18 does exceed the Town’s
budgeted amount for Milling and Paving by $13,977.18. Rather than reduce the areas selected
for resurfacing, Staff has identified a funding source in another account line within the FY12/13
budget that could be used to supplement the Milling and Paving line to match the bid amount.
Attachments
Resolution
Recommendations
Motion to adopt Resolution
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
JUNE 18, 2013 AT 7:15 PM AT THE VINTON MASONIC LODGE, 1017 EAST
WASHINGTON AVENUE, VINTON, VIRGINIA
WHEREAS, the Town of Vinton advertised for street resurfacing for FY2012-13 and only
received one bid in the amount of $228,977.18; and
WHEREAS, the Town of Vinton budgeted $215,000 with $175,000 in 200.4101.717 and $40,000
in 300.9410.717 which leaves a balance of $13,977.18 from the bid amount; and
WHEREAS, the low bid came from Sawyer Paving, a company that has worked successfully with
the Town of Vinton in previous years. Rather than reduce the areas selected for
resurfacing, staff has identified a funding source in another account line within the
FY2012 -13 budget that could be used to supplement the Milling and Paving line to
match the bid amount; and
WHEREAS, Council needs to award the bid, authorize the Town Manager to execute the contract
for the work and approve the appropriation of the funds.
NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby grant a
contract to Sawyer Paving in the amount of $228,977.18 and authorize the Town Manager to
execute a contract and any other necessary documents, approved as to form by the Town
Attorney.
BE IT FURTHER RESOLVED that the Vinton Town Council does hereby approve the
following transfers:
FROM: 300.9500.723 Infiltration Projects $13,977.18
TO: 300.9410.717 Milling and Paving $13,977.18
This Resolution adopted on motion made by Council Member ____________, seconded by
Council Member __________, with the following votes recorded:
AYES:
NAYS:
ABSENT:
APPROVED:
Bradley E. Grose, Mayor
ATTEST:
____________________________________
Susan N. Johnson, Town Clerk
Meeting Date
June 18, 2013
Department
Police Department
Issue
Consider adoption of a Resolution appropriating $29,527.25 to the Virginia E-911 Services
Board for reimbursement for overpayment of wireless board funds to the Vinton 911 Center
during fiscal years 2008 and 2009.
Summary
The Wireless 911 Board has found a Grant overpayment, paid to the Town of Vinton, in the
amount of $29,527.25. The Police Department has found $21,000 in their current operating
budget and with the remainder being taken out of Salaries & Wages.
Council was briefed on this issue at their September 18, 2013 meeting.
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,
JUNE 18, 2013 AT 7:15 PM AT THE VINTON MASONIC LODGE, 1017 EAST
WASHINGTON AVENUE, VINTON, VIRGINIA
WHEREAS, during the statewide true-up for the wireless funds distributed for FY 2008 and
FY 2009, there were under and over payments identified throughout the
Commonwealth of Virginia and the Wireless Board mandated that localities true up
their accounts; and
WHEREAS, the Town of Vinton was one of those that received over payments during this time
period and the Wireless Board has granted and extension to make payment until
June 30, 2013; and
WHEREAS, the Town Manager would like to utilize funds in the current budget and pay the
Wireless Board by June 30, 2013. The Chief of Police has identified the following
funds partially through the police department’s operating budget and the remaining
in salary savings. These funds will need to be transferred to the wireless grant
account to be paid out.
NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve
the following transfers and authorizes the Town Manager to true-up the wireless funds with the
Commonwealth of Virginia:
FROM: 200.3101.305 Maintenance Service Contracts $13,000.00
200.3101.560 Travel and Training 5,000.00
200.3101.302 Contract Services 3,000.00
200.3101.101 Salaries and Wages 6,527.25
$29,527.25
TO: 200.3105.324 Wireless –E911 $29,527.25
This Resolution adopted on motion made by Council Member ____________, seconded by
Council Member _________________, with the following votes recorded:
AYES:
NAYS:
ABSENT:
APPROVED:
Bradley E. Grose, Mayor
ATTEST:
____________________________________
Susan N. Johnson, Town Clerk
1
Meeting Date
June 18, 2013
Department
War Memorial
Issue
Briefing on new Catering Policy for the War Memorial
Summary
The Vinton War Memorial is creating a new Catering Policy for events. The new policy will
eliminate the Preferred Caterer list and security deposit that has historically been collected by
the Vinton War Memorial and adds caterers that work in conjunction with the War Memorial to
sell goods and services as a package.
The War Memorial has been selling package deals where catering and linens are inclusive in the
price of the room. This has helped to increase sales of rooms for events. While the packages
have been sold, it is now time to formalize the relationship between the Vinton War Memorial
and affiliated caterers. To do this the Town will issue a RFP to solicit which caterers in the area
want to work with the War Memorial to create packages. The Town is looking to have 1-3
qualified caterers for package deals to give the customer a choice. This is outlined in the
attached RFP. The RFP process will establish a competitive basis for all area caterers and
protect the Town from any liabilities.
Currently the Town has a Preferred Caterer list that has all caterers on it the Town has vetted
and accepts to do business in the War Memorial. Each cater has to pay a $500 deposit to be on
the list and the Town gives out this list to potential customers when they are booking events.
However, with the new package deal the Preferred Caters list will disappear because the War
Memorial will try to actively sell the package to customers. If a customer does not want a
package, a list of caters the Town has worked with in the past will be distributed to the customer.
This list will consist of caterers the War Memorial has a good relationship with.
Town Council
Agenda Summary
2
If a customer chooses a caterer that is on the list, that caterer will have to pay a fee to use the
facility (there will no longer be a $500 deposit). There are two pricing recommendations that the
War Memorial is considering:
1. A minimum of $50 or $1 per person over 50 to use the facility.
2. A flat fee ranging from $50 to $150
Staff feels this will create a better atmosphere for selling events as it will create a more
streamline process for customers who may not want to deal with all of the logistics of planning.
The War Memorial has been beta testing this idea and it has been received well by customers.
War Memorial staff is still conducting reviews of the pricing of the “all inclusive” package so
fixed and variable cost match cost of the package.
Attachments
RFP – Catering
Catering Policy
Recommendations
No action required
TOWN OF VINTON, VIRGINIA
REQUEST FOR PROPOSALS
RFP # TOVWM 13-1
CATERING SERVICES FOR THE
VINTON WAR MEMORIAL
The Town of Vinton is accepting proposals for a catering/food and beverage
supplier for the Vinton War Memorial. Proposals must be submitted to: Ryan
Spitzer, Assistant to the Town Manager, 311 S. Pollard St., Vinton, VA 24179, no
later than 4:00 pm, xxxx, 2013. All proposals must indicate RFP title, number and
bid date on the envelope.
Interested parties may download a copy of the RFP from the Town’s website at
http://www.vintonva.gov/bids.aspx or contact Town Hall at (540) 983-0607.
Questions can be directed to Ryan Spitzer, Assistant to the Town Manager, (540)
343-1508 or rspitzer@vintonva.gov. The Town of Vinton is an Equal Opportunity
Employer.
TOWN OF VINTON, VIRGINIA
REQUEST FOR PROPOSALS
RFP # TOVWM 13-1
CATERING SERVICES FOR THE
VINTON WAR MEMORIAL
I. Purpose
The Town of Vinton is requesting proposals from qualified Catering Companies
or food and beverage suppliers to arrive at a contract through competitive
negotiations to facilitate the needs of The Vinton War Memorial’s clientele. The
project will include development of comprehensive catering packages, a la carte
menu items and marketing packages that the Vinton War Memorial can use to
sell all inclusive events.
II. Background
The Town of Vinton is located in Roanoke County adjacent to the City of
Roanoke and along the Blue Ridge Parkway. With a population of just over
8,000, Vinton is a vibrant community that has witnessed significant growth and
change over the past several decades.
The War Memorial offers corporate, association, civic, government and social
groups a state of the art space to host a wide variety of special events. Situated
on a beautiful 11.5 acre common and located in the heart of Virginia's Blue
Ridge, the Vinton War Memorial is only an 8-10 minute drive from downtown
Roanoke.
Our rolling lawns, colonnade, hardwood floors, custom chandeliers, mahogany
accents and grand staircase transports your guests to an atmosphere of timeless
beauty and grace while delivering the modern amenities required to produce
today's special events, Wedding receptions conferences and meetings.
The elegant surroundings of this historic space, event hosts have access to our
state-of-the-art audio system, LCD projectors and screens, wireless Internet, and
setup and cleanup of tables and chairs.
Choose from five rooms for a variety of functions, including a grand ballroom with
a 240-guest capacity perfect for banquets, and smaller rooms for business
seminars and group meetings. The Vinton War Memorial also offers full ADA
accessibility and convenient on-site parking for over 200 vehicles.
III. Scope of Services
The Town of Vinton is requesting proposals from qualified Catering Companies
to enter into an agreement with the Vinton War Memorial for the development of
all inclusive catering packages for clients of the Vinton War Memorial.
Interested firms should have the ability to:
Concept, create and develop special event menus ranging from snacks to full
service gourmet dinners. Provide comprehensive cost analysis for food and labor
pricing. Provide necessary equipment and personnel to execute operations.
Develop marketing to promote, product and the identity of the War Memorial to
potential user groups.
IV. Submission Requirements
To be considered for selection, contractors must submit a complete response to
the RFP for each application. Failure to submit all information requested may
result in the rejection of the incomplete proposal.
One (1) original and one (1) hard copy of the proposal shall be submitted in a
sealed envelope or package clearly marked “Town of Vinton On-call Consulting
Services” by 4:00 pm June 30, 2013. Proposals should be delivered to:
Ryan Spitzer, Asst. to the Town Manager
Town of Vinton
311 S. Pollard St.
Vinton, VA 24179
In addition to the hard copy proposals, one (1) color, digital copy in .pdf format
should be submitted by the application deadline to the following email:
rspitzer@vintonva.gov.
To obtain a copy of the RFP, you may contact Town Hall at (540) 983-0607 or
download the RFP from http://www.vintonva.gov/bids.aspx.
Questions regarding the RFP may be directed to Ryan Spitzer at (540) 343-1508.
Questions will be answered until June 21, 2013 and all questions will be detailed
and shared with all applicants by June 24, 2013.
The following information is required to be submitted for consideration. Any other
information the Offeror considers important or essential to their qualifications may
also be included in the submission.
Provide an overview of your company or firm including location, number of staff,
and describe all services your company provides. Identify what work, if any, and
under what circumstances would be done by a separate contractor. Provide
information regarding the company’s or firm’s relevant experience and
qualifications related to the services requested and required criteria. List the
names, addresses, and telephone numbers for four recent references that are
familiar with the work your company has completed.
V. Selection Process
Submissions will be reviewed by a committee consisting of Town of Vinton staff.
The committee may, at its discretion invite finalists for a brief presentation prior to
making its final decision. The Town reserves the right to modify the selection
process.
VI. Award
Selection shall be made of two or more Offerors deemed to be fully qualified and
best suited among those submitted proposals. Price shall be considered, but
need not be the sole determining factor. After the selection, interviews shall be
conducted with Offerors selected. Negotiations will commence with the Offeror
selected as best suited from the presentations as determined by the Town. If an
agreement cannot be reached the next Offeror will be contacted. Should the
Town determine in writing and in its sole discretion that only one Offeror is fully
qualified, or that one Offeror is clearly more highly qualified and suitable than the
others under consideration, a contract may be negotiated and awarded to that
Offeror.
The Town of Vinton reserves the right to accept or reject any or all proposals, to
waive any informalities or irregularities, and to accept a proposal which is
deemed to be in its best interest.
VII. Evaluation
These criteria will be utilized in the evaluation of qualifications for development of
the short list of those Offerors to be considered for interviews and or potential
negotiations:
• The perceived ability of the Company to best meet the War Memorial’s
needs based upon the understanding of the project demonstrated in the
Company’s response.
• Concept, create and develop special event menus ranging from snacks to
full service gourmet dinners.
• Provide comprehensive cost analysis for food and labor pricing.
• Provide necessary equipment and personnel to execute operations.
• Develop marketing to promote, product and the identity of the War
Memorial to potential user groups.
• The current workload of the Company and the ability to work cooperatively
with War memorial staff in product development and the creation of its
“food, beverage and service” brand offered to clients.
• Qualifications and experience of the company and of the individuals who
will perform the work.
• Creative display in response.
General Terms and Conditions
1. ANTI-DISCRIMINATION: By submitting their proposals, Contractors certify to
the Town that they will conform to the provisions of the Federal Civil Rights Act of
1964, as amended, as well as the Virginia Fair Employment Contracting Act of
1975, as amended, where applicable, the Virginians With Disabilities Act, the
Americans With Disabilities Act, and Section 2.2-4311 of the Virginia Public
Procurement Act. If the award is made to a faith-based organization, the
organization shall not discriminate against any recipient of goods, services, or
disbursements made pursuant to the contract on the basis of the recipient's
religion, religious belief, refusal to participate in a religious practice, or on the
basis of race, age, color, gender or national origin and shall be subject to the
same rules as other organizations that contract with public bodies to account for
the use of the funds provided; however, if the faith-based organization
segregates public funds into separate accounts, only the accounts and programs
funded with public funds shall be subject to audit by the public body. (Code of
Virginia, § 2.2-4343.1 E).
In every contract over $10,000 the provisions in A. and B. below apply:
A. During the performance of this contract, the Contractor agrees as follows:
1) The Contractor will not discriminate against any employee or applicant for
employment because of race, religion, color, sex, national origin, age, disability,
or any other basis prohibited by state law relating to discrimination in
employment, except where there is a bona fide occupational qualification
reasonably necessary to the normal operation of the Contractor. The Contractor
agrees to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provision of this nondiscrimination clause.
2) The Contractor, in all solicitations or advertisements for employees placed by
or on behalf of the Contractor, will state that such Contractor is an equal
opportunity employer.
3) Notices, advertisements and solicitations placed in accordance with federal
law, rule or regulation shall be deemed sufficient for the purpose of meeting the
requirements of this Section.
B. The Contractor will include the provisions of A. above in every subcontract or
purchase order over $10,000, so that the provisions will be binding upon each
subcontractor or vendor.
2. ANTITRUST: By entering into a contract, the Contractor conveys, sells,
assigns, and transfers the Town of Vinton and the Commonwealth of Virginia all
rights, title and interest in and to all causes of the action it may now have or
hereafter acquire under the antitrust laws of the United States and the
Commonwealth of Virginia, relating to the particular goods or services purchased
or acquired by the Town of Vinton and the Commonwealth of Virginia under said
contract.
3. APPLICABLE LAWS AND COURTS: Any contract awarded shall comply fully
with all local, state and federal laws and regulations. Any litigation arising from
this contract will be conducted in the Circuit Court of Roanoke County, a court
within the Commonwealth of Virginia.
4. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the
Contractor in whole or in part without the written consent of Town of Vinton.
5. CHANGES TO THE CONTRACT: Changes can be made to the Contract in
any of the following ways:
A. The parties may agree in writing to modify the scope of the contract. An
increase or decrease in the price of the contract resulting from such modification
shall be agreed to by the parties as a part of their written agreement to modify
the scope of the contract.
B. The Town of Vinton may order changes within the general scope of the
contract at any time by written notice to the Contractor. Changes within the scope
of the contract include, but are not limited to things such as the method of
packing or shipment and the place of delivery or installation. The Contractor shall
comply with the notice upon receipt. The Contractor shall be compensated for
any additional costs incurred as the result of such order and shall give the Town
of Vinton a credit for any savings. Said compensation shall be determined by one
of the following methods:
1) By mutual agreement between the parties in writing; or
2) By agreeing upon a unit price or using a unit price set forth in the contract, if
the work to be done can be expressed in units, and the Contractor accounts for
the number of units of work performed, subject to Town of Vinton's right to audit
the Contractors records and/or to determine the correct number of units
independently; or
3) By ordering the Contractor to proceed with the work and to keep a record of all
costs incurred and savings realized. A markup for overhead and profit may be
allowed if provided by the contract. The same markup shall be used for
determining a decrease in price as the result of savings realized. The Contractor
shall present Town of Vinton with all vouchers and records of expenses incurred
and savings realized. The Town of Vinton shall have the right to audit the records
of the Contractor, as it deems necessary to determine costs or savings. Any
claim for an adjustment in price under this provision must be asserted by written
notice to the Town of Vinton within thirty (30) days from the date of receipt of the
written order from the Town of Vinton. If the parties fail to agree on an amount of
adjustment, the question of an increase or decrease in the contract price or time
for performance shall be resolved in accordance with the procedures for
resolving disputes provided by the Disputes Clause of this contract or, if there is
none, by arbitration. Neither the existence of a claim or a dispute resolution
process, litigation or any other provision of this contract shall excuse the
Contractor from promptly complying with the changes ordered by the Town of
Vinton or with the performance of the contract generally.
6. CLAIMS: Contractual claims, whether for money or other relief, shall be
submitted in writing to the Town Manager, Town of Vinton, 311 South Pollard
Street, Vinton, Virginia 24179-2531, no later than sixty (60) days after final
payment; however, written notice of the contractor's intention to file such claim
shall have been given at the time of the occurrence or beginning of the work
upon which the claim is based. Nothing herein shall preclude a contract from
requiring submission of an invoice for final payment within a certain time after
completion and acceptance of the work or acceptance of the goods. Pending
claims shall not delay payment of amounts agreed due in the final payment
(Code of Virginia, Section 2.2-4363). A contractor may not institute legal action
prior to receipt of the Town Manager's decision on the claim, unless that office
fails to render such decision within thirty (30) days. The decision of the Town
Manager shall be final and conclusive unless the contractor, within six (6) months
of the date of the final decision on the claim, institutes legal action as provided in
the Code of Virginia, Section 2.2-4364.
7. CLARIFICATION OF TERMS: If any prospective Contractor has questions
about the specifications or other solicitation documents, the prospective
Contractor should contact the buyer whose name appears on the face of the
solicitation no later than five working days before the due date. Any revisions to
the solicitation will be made only by addendum issued by the Town.
8. DEBARMENT STATUS: By submitting their proposals, Contractors certify that
they are not currently debarred by the Commonwealth of Virginia from submitting
bids or proposals on contracts for the type of goods and/or services covered by
this solicitation, nor are they an agent of any person or entity that is currently so
debarred.
9. DEFAULT: In case of failure to deliver goods or services in accordance with
the contract terms and conditions, the Town of Vinton, after due oral or written
notice, may procure them from other sources and hold the Contractor
responsible for any resulting additional purchase and administrative costs. This
remedy shall be in addition to any other remedies that the Town of Vinton may
have.
10 DRUG-FREE WORKPLACE: In every contract over $10,000 the following
provisions apply: During the performance of this contract, the Contractor agrees
to (i) provide a drug-free workplace for the Contractor's employees; (ii) post in
conspicuous places, available to employees and applicants for employment, a
statement notifying employees that the unlawful manufacture, sale, distribution,
dispensation, possession, or use of a controlled substance or marijuana is
prohibited in the Contractor's workplace and specifying the actions that will be
taken against employees for violations of such prohibition; (iii) state in all
solicitations or advertisements for employees placed by or on behalf of the
Contractor that the Contractor maintains a drug-free workplace; and (iv) include
the provisions of the foregoing clauses in every subcontract or purchase order of
over $10,000, so that the provisions will be binding upon each subcontractor or
vendor.
For the purposes of this section, "drug-free workplace" means a site for the
performance of work done in connection with a specific contract awarded to a
Contractor, the employees of whom are prohibited from engaging in the unlawful
manufacture, sale, distribution, dispensation, possession or use of any controlled
substance or marijuana during the performance of the contract.
11. EO/AA STATEMENT: The Town of Vinton, an equal opportunity, affirmative
action institution covered by presidential executive order 11246 as amended,
advises all contractors, subcontractors, vendors and suppliers that direct receipt
of federal funds may require appropriate action on their part.
12. ETHICS IN PUBLIC CONTRACTING: By submitting their proposals,
Contractors certify that their proposals are made without collusion or fraud and
that they have not offered or received any kickbacks or inducements from any
other bidder, supplier, manufacturer or subcontractor in connection with their bid,
and that they have not conferred on any public employee having official
responsibility for this procurement transaction any payment, loan, subscription,
advance, deposit of money, services or anything of more than nominal value,
present or promised unless consideration of substantially equal or greater value
was exchanged.
13. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By submitting their
proposals, the Contractors certify that they do not and will not during the
performance of this contract employ illegal alien workers or otherwise violate the
provisions of the federal Immigration Reform and Control Act of 1986.
14. INDEMNIFICATION: Contractor agrees to indemnify, defend and hold
harmless the Town of Vinton and the Commonwealth of Virginia and their
officers, agents, and employees from any claims, damages and actions of any
kind or nature, whether at law or in equity, arising from or caused by the use of
any materials, goods, or equipment of any kind or nature furnished by the
contractor/any services of any kind or nature furnished by the contractor,
provided that such liability is not attributable to the sole negligence of the Town of
Vinton or failure of the Town of Vinton to use the materials, goods, or equipment
in the manner already and permanently described by the contractor on the
materials, goods or equipment delivered.
15. LATE PROPOSALS: To be considered for selection, proposals must be
received by the Town of Vinton Town Manager, 311 South Pollard Street, Vinton,
Virginia 24179-2531, by the designated date and hour. Proposals received in the
Town of Vinton Town Manager’s office after the date and hour designated are
automatically disqualified and will not be considered. The
Town of Vinton is not responsible for delays in the delivery of mail by the U.S.
Postal Service, private couriers, or another means of delivery. It is the sole
responsibility of the Offeror to insure that its proposal reaches the Town of Vinton
Town Manager’s Office by the designated date and hour
16. PAYMENT:
A. TO PRIME CONTRACTOR:
1) Invoices for items ordered, delivered and accepted shall be submitted by the
Contractor directly to the payment address shown on the purchase
order/contract. All invoices shall show the Town of Vinton or state contract
number and/or purchase order number; social security number (for individual
contractors) or the federal employer identification number (for proprietorships,
partnerships, and corporations).
2) Any payment terms requiring payment in less than 30 days will be regarded as
requiring payment 30 days after invoice or delivery, whichever occurs last. This
shall not affect offers of discounts for payment in less than 30 days, however.
3) All goods or services provided under this contract or purchase order, that are
to be paid for with public funds, shall be billed by the Contractor at the contract
price, regardless of which public agency is being billed.
4) The following shall be deemed to be the date of payment: the date of postmark
in all cases where payment is made by mail, or the date of offset when offset
proceedings have been instituted as authorized under the Virginia Debt
Collection Act.
5) Unreasonable Charges. Under certain emergency procurements and for most
time and material purchases, final job costs cannot be accurately determined at
the time orders are placed. In such cases, contractors should be put on notice
that final payment in full is contingent on a determination of reasonableness with
respect to all invoiced charges. Charges that appear to be unreasonable will be
researched and challenged, and that portion of the invoice held in abeyance until
a settlement can be reached. Upon determining that invoiced charges are not
reasonable, the Commonwealth shall promptly notify the contractor, in writing, as
to those charges which it considers unreasonable and the basis for the
determination. A contractor may not institute legal action unless a settlement
cannot be reached within thirty (30) days of notification. The provisions of this
section do not relieve an agency of its prompt payment obligations with respect
to those charges that are not in dispute (Code of Virginia, § 2.2-4363).
B. TO SUBCONTRACTORS:
1) A contractor awarded a contract under this solicitation is hereby obligated:
a) To pay the subcontractor(s) within seven (7) days of the contractor's receipt of
payment from the Town for the proportionate share of the payment received for
work performed by the subcontractor(s) under the contract; or
b) To notify the Town of Vinton and the subcontractor(s), in writing, of the
contractor's intention to withhold payment and the reason. The contractor is
obligated to pay the subcontractor(s) interest at the rate of one percent per
month (unless otherwise provided under the terms of the contract) on all amounts
owed by the contractor that remain unpaid seven (7) days following receipt of
payment from the Town, except for amounts withheld as stated in b. above. The
date of mailing of any payment by U.S. Mail is deemed to be payment to the
addressee. These provisions apply to each sub-tier contractor performing under
the primary contract. A contractor's obligation to pay an interest charge to a
subcontractor may not be construed to be an obligation of the Town.
17. PUBLIC NOTICE OF AWARD: Public notice of the purchase order/contract
award will be posted on the Information Board located in the lobby of the Town of
Vinton Municipal Building, 311 South Pollard Street, Vinton, Virginia. Award
information may also be obtained by contacting the Town.
18. QUALIFICATIONS OF CONTRACTORS: The Town of Vinton may make
such reasonable investigations as deemed proper and necessary to determine
the ability of the Contractor to perform the work/furnish the item(s) and the
Contractor shall furnish to the Town of Vinton all such information and data for
this purpose as may be requested. The Town of Vinton reserves the right to
inspect Contractors physical facilities prior to award to satisfy questions
regarding the Contractors capabilities. The Town of Vinton further reserves the
right to reject any proposal if the evidence submitted by, or investigations of,
such Contractor fails to satisfy the Town of Vinton that such Contractor is
properly qualified to carry out the obligations of the contract and to complete the
work/furnish the item(s) contemplated therein.
19. SUPREMACY CLAUSE: Notwithstanding any provision in the Contractors
response to the contrary, the Contractor agrees that the terms and conditions
contained in Town of Vinton's proposal prevail over contrary terms and conditions
contained in the Contractors response.
20. NONDISCRIMINATION OF CONTRACTORS: An Offeror or a contractor
shall not be discriminated against in the solicitation or award of this contract
because of race, religion, color, sex, national origin, age, or disability or against
faith-based organizations. If the award of this contract is made to a faith-based
organization and an individual, who applies for or receives goods, services, or
disbursements provided pursuant to this contract objects to the religious
character of the faith-based organization from which the individual receives or
would receive the goods, services, or disbursements, the public body shall offer
the individual, within a reasonable period of time after the date of his objection,
access to equivalent goods, services, or disbursements from an alternative
provider.
Proposed: Revise catering policy for The Vinton War Memorial:
Purpose:
To drive clients towards using turn-key services offered by WM as
well as to provide clients with a variety of choices outside WM’s
services. In house turn-key pricing will provide the WM with an
opportunity for higher gross income which will ultimately result in
more cash flow and greater opportunity for higher net income to the
facility. Turn-key packaging and pricing also facilitates streamlined
planning, better service and the opportunity for greater oversight on
final product(s) deliverable to clients.
Proposed Policy:
The Vinton War Memorial offers turn-key catering packages and
pricing through its relationship with caterer(s) chosen via submitted
proposals and selection process.
Clients/Renters have the option of hiring caterers not on the
recommended list. The fee to hire a non-recommended caterer is
proposed at an additional expense of a minimum of $50.00 or $1.00
per person over (50) people or flat fees ranging from $50.00 to
$150.00(to be determined). Non-approved caterers must provide the
War Memorial Manager a copy of their current health department
certificate, business license and must add the Vinton War Memorial
to their insurance policy (no less than $1,000,000 coverage) and
provide a copy.
Also for Consideration:
The Vinton War Memorial offer its clients a short list of professional,
licensed and insured caterers who can provide anything from light
refreshments to formal dinners.
The following is a list of the catering companies we recommend. A
“Kitchen Use Fee” of $50.00 will be charged to all clients and or
caterers on the recommended list.
All clients should contact caterers directly for more information
regarding pricing, availability and menus.
Recommended caterers are independent entities and are not affiliated
with the Town of Vinton. The following caterers are recommended
based on the quality and professionalism of their work. The Vinton
War Memorial keeps all licenses and insurance on file. The Town of
Vinton is not responsible for the caterers and all contracts are the
responsibility of the renter and caterer.
Possible Recommended Caterers
Blue Ridge Catering
522 Salem Ave. SW
Roanoke, VA 24016
540-982-7700
www.blueridgecatering.net
Center Stage Catering
315 Franklin Street
Rocky Mount, VA 24151
540-489-7827
www.centerstagefood.com
Plantation Creations
7342 Plantation Road
Roanoke, VA 24019
540-561-0700
www.plantations-creations.com
Kroger Catering - Bonsack
3970 Valley Gateway Blvd
Roanoke, VA 24012
540-977-6480 -- 540-354-8363