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11/13/2023 - City Council - Agenda -Regular
City Counci l Meeting AGENDA Monday, November 13, 2023, 6:30 PM Work S es s io n 5:45 P.M. C ouncil C hambers C onference R oom, C ity Hall, 114 North Broad S treet, S alem, Virginia 24153 R egular S ession 6:30 P.M. C ouncil C hambers , C ity Hall, 114 North Broad S treet, S alem, Virginia 24153 WORK SE SSI ON A M E N D E D A G E N D A 1.C all to Order 2.New Business A.Discussion I tems 1) Follow up discussion on items from September 25, 2023, Work Session 3.Adjournment RE GU L AR SE S SI ON 1.C all to Order 2.Pledge of Allegiance 3.Bid Openings, Awards, Recognitions 4.C onsent Agenda A.Citizen Comments C omments from the public, limited to five minutes, on matters not already having a public hearing at the same meeting. B.Minutes C onsider acceptance of the October 23, 2023, Work Session and Regular Meeting minutes. 5.Old Business A.Amendment to the Zoning Ordinance C onsider adoption of ordinance on second reading for the request of C rystal Lowery, property owner, for rezoning the property located at 1000 Blk Ohio Ave (Tax Map # 197-1-15) from HM Heavy Manufacturing District to RSF Residential Single-Family District. (Approved on first reading at the October 23, 2023, meeting.) 6.New Business A.Water Rates C onsider ordinance on first reading to amend Chapter 90, Article IV Division 2, Section 90- 257 of the City Code to adopt water rates for fiscal years 2024 -2028. - Audit-Finance C ommittee B.Sewer Rates C onsider ordinance on first reading to amend Chapter 90, Article IV, Division IV, Section 90- 303, Subdivision I of the City C ode to adopt changes pertaining to charges for sewage disposal for fiscal years 2024-2028. Audit - Finance C ommittee C .Water and Sewer Disposal Rates & Charges C onsider ordinance on first reading amending C hapter 90, Article III, Division 2, Subdivision I, Sections 90-74 and 90-128 pertaining to water and sewer disposal and rates and charges for fiscal years 2024-2028. - Audit-Finance C ommittee D.Appropriation of F unds C onsider request to appropriate donations received from Deggeller Attractions. Audit - Finance C ommittee E.Appropriation of F unds C onsider request to appropriate funds from the Library of Virginia. Audit - Finance C ommittee F.Appropriation of F unds C onsider request to amend the School Cafeteria Fund budget as approved by the School Board on September 12, 2023. Audit - Finance C ommittee G.Appropriation of F unds C onsider request to amend the School Operating Fund, School Grants Fund, School Capital Projects Fund and School Reserve Fund budgets as approved by the School Board on October 10, 2023. Audit - Finance Committee H.Appropriation of F unds C onsider request to appropriate Water Fund net position. Audit - Finance Committee I.1243 West Riv erside Driv e C onsider approval of a contract agreement to purchase 1243 West Riverside Drive, authorize the Interim C ity Manager to finalize and execute necessary documents, and authorize staff to appropriate an amount not to exceed $151,000 for the purchase price, closing costs, and demolition of the existing structure and stabilization of the site. - Audit-Finance Committee J .B oards and Commissions C onsider appointments to various boards and commissions. 7.C losed Session A.Closed Session Hold a closed session in accordance with Section 2.2-3711 A(1) the 1950 Code of Virginia, as amended, to discuss a personnel matter, namely candidates for the position of City Manager. 8.Adjournment Item #4B Date: 11/13/2023 City Council Meeting MINUTES Monday, October 23, 2023, 6:30 PM Work Session 6:00 P.M. Council Chambers Conference Room, City Hall, 114 North Broad Street, Salem, Virginia 24153 Regular Session 6:30 P.M. Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 24153 WORK SESSION AMENDED AGENDA 1. Call to Order A work session of the Council of the City of Salem, Virginia, was held in the Council Chambers Conference Room, City Hall, 114 N. Broad Street, Salem, Virginia, on October 23, 2023, at 6:00 p.m., there being present the following members of said Council to wit: Renée Ferris Turk, Mayor (participated remotely); James W. Wallace, III, Vice- Mayor; Council members: Byron Randolph Foley, William D. Jones, and H. Hunter Holliday; with James W. Wallace, III, Vice- Mayor, presiding together with James E. Taliaferro, II, City Manager; Rob Light, Assistant City Manager and Clerk of Council; Rosemarie B, Jordan, Director of Finance; Crystal Williams, Assistant to the City Manager; and Laura Lea Harris, Deputy Clerk of Council; and the following business was transacted; Vice-Mayor Wallace reported that this date, place, and time had been set in order for the Council to hold a work session. 2. New Business A. Discussion Items 1) Report from Rotary Club on Olde Salem Days - Barney Horrell 2) Discussion of Citizen Comment requests. Barney Horrell presented a report on this year's Olde Salem Days on behalf of the Salem Rotary Club. He expressed appreciation to all City Departments that assisted with this event. Mr. Horrell reported that approximately 1.5 million dollars had been raised from Olde Salem Days since the Rotary Club took over this event and donated to a number of causes throughout the Valley. He commended how well the Salem Parks and Recreation Department does large events. He thanked the City for making this a successful event and asked if Council had any questions or feedback to offer. Discussion was held on conflicts with Virginia Tech ballgames and Olde Salem Days. Mr. Horrell said that historically Olde Salem Days has been held on Item #4B Date: 11/13/2023 the second Saturday in September, but this was something that could possibly be negotiated at some point. Mayor Turk suggested that the shuttle could be more strongly advertised. Council thanked Mr. Horrell and the Rotary Club for all of their work to put on Olde Salem Days each year. Council discussed the Citizen requests from the September 11 through October 9, 2023, meetings of City Council. In regard to potential development of the Hope Tree property, Council felt that there was not anything that could be done at this point as a formal request for rezoning has not been submitted. Discussion was also held about the requests from the September 25, 2023, meeting regarding the Residential Group Home on Missouri Avenue. Several members of Council had reached out to the citizens and the Group Home and no further incidents had been reported. Mr. Holliday noted that he had reached out to the Director of the Group Home and that the individual in question had been assigned a one-on-one. It was also noted that Social Services is working on this as well. Next, Council discussed request for an ordinance to abate cars parking in front lawns from the September 25, 2023, meeting of Council. Discussion was held. Council requested to attain further feedback from Community Development and the Police Department. In response to the request that citizen reports of Code violations be posted on the City's website, Community Development is in the early stages of implementing software system with Civic Plus. They discussed this specific item with the vendor and the Technology Department. They were advised that such a module should be viable and that they would work on this subsequent to the core implementation scheduled for completion by the end of the first quarter of 2024. Mr. Light indicated that the City Attorney would be consulted at the appropriate time for input. Council felt that Code Enforcement should be sufficient in addition to citizen ability to report problems and that the creation of a special committee was not needed at this time to address eyesore, blight, building maintenance, and Code enforcement. The last citizen request that was addressed was that Council address City Code Section 78-508. Mr. Light noted that he felt this needed to be explored. He stated that he had a meeting set up with Community Development later this week and that this was on the agenda. Mayor Turk asked about the status of the Comprehensive Plan and Mr. Light noted that Community Development was holding a kick-off this Friday. Item #4B Date: 11/13/2023 3. Adjournment There being no further business, Vice-Mayor Wallace adjourned the meeting at 6:22 p.m. REGULAR SESSION 1. Call to Order A regular meeting of the Council of the City of Salem, Virginia, was called to order at 6:30 p.m., there being present the following members to wit: Renée Ferris Turk, Mayor (participated remotely); James W. Wallace, III, Vice-Mayor; Councilmembers: Byron Randolph Foley, William D. Jones, and H. Hunter Holliday; with Vice-Mayor Wallace presiding together with James E. Taliaferro, II, City Manager; Rob Light, Assistant City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Chuck Van Allman, Director of Community Development; Mike Stevens, Director of Communications; and Jim Guynn, City Attorney. 2. Pledge of Allegiance Vice-Mayor Wallace requested that Mr. Light read a request from Mayor Turk to participate remotely in this Council meeting. The request from Mayor Turk stated: "In accordance with Section 2.2-3708.3 B.4 of the Code of the Commonwealth of Virginia and the Remote Participation Policy of the City of Salem, I hereby request to participate remotely for a personal matter, specifically that I am out of town." Randy Foley motioned to accept the remote participation of Mayor Turk. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Wallace Abstain: Turk 3. Bid Openings, Awards, Recognitions 4. Consent Agenda Randy Foley requested to add Item 6E to the agenda for this evening regarding the appointment of an Interim City Manager. There were no objections to this request. A. Citizen Comments Comments from the public, limited to five minutes, on matters not already having a public hearing at the same meeting. Ronald Thompson, 1000 W. Riverside Drive, addressed Council along with his son, Matthew Thompson. Matthew distributed photographs and documentation for Council's review. Mr. Thompson requested assistance from Council in developing a plan for the City to restore Department of Environmental Quality required water retention plans that were removed from City Easement by a neighbor. He noted Item #4B Date: 11/13/2023 numerous issues that he has faced on his property due to issues from drainage and erosion. He noted that he had attempted working with legal Counsel, Morgan Griffith, and Lynn Ann Snyder from Soil and Erosion and had not been able to solve the issues. He gave details of the process and the history of the issues he has experienced. He stated that the Fire Department had notified him that he no longer had fire service due to the road being washed out. He invited Council to review the original documents that he has in his possession regarding this issue. Matthew Thompson, on behalf of his mother, 1000 W. Riverside Drive, noted for Council that the documents he had shared with them this evening was only a small portion of the documentation that they had and they also had photographs, recordings, etc. to back up their request and attempts to resolve the issues. Mr. Jones asked for Mr. Thompson's phone number and received this information. Vice-Mayor Wallace asked if Community Development could engage with the Thompson's to help resolve the issue. Mr. Foley asked if Community Development could communicate the status to Council members individually or in 2X2 meetings. Mr. Van Allman confirmed that he would check into the status of this matter. He did remember that this had been discussed in Community Development on a couple of occasions. B. Minutes Consider acceptance of the October 2, 2023, Special Meeting/Joint Meeting with the Economic Development Authority, the October 9, 2023, Work Session/Joint Meeting with the Salem City School Board and Regular Meeting minutes, the October 16, 2023, Special Meeting/Closed Session to discuss candidates for the position of City Manager, and the October 16 and 17, 2023, Special Meeting/Closed Sessions to interview School Board candidates meetings. The minutes were approved as written. C. Financial Reports Consider acceptance of the Statement of Revenues and Expenditures for the three months ending September 30, 2023. The financial reports were received. 5. Old Business There was no Old Business this evening. Item #4B Date: 11/13/2023 6. New Business A. Special Exception Permit Hold public hearing to consider the request of Bruce Maxey, property owner, for the issuance of a Special Exception permit to allow a 1,200 square foot detached garage on the property located at 1862 Murrell Avenue (Tax Map # 128-1-4). (Advertised in the October 12 and 19, 2023, issues of the Salem Times-Register.) (Recommend approval with condition; see page 2 of Planning Commission minutes). STAFF REPORT Mr. Van Allman clarified that this is the last property on Murrell on the north side and is the last property before you get to Harrogate. The owner wants an exception for two hundred more square feet. Part of the proffered conditions that they submitted were that they would take down the old garage within 180 days of the new one being put up. The new building sits behind the current building and would be very difficult to see this from the road. Vice-Mayor Wallace opened the public hearing. No one came forward to speak. Vice-Mayor Wallace closed the public hearing. Mr. Foley noted that what differentiates this request from a previous request that was considered is the neighborhood and the location of the property. Vice- Mayor Wallace agreed that this was a good point and that this was true. Mr. Jones added that another consideration was that the existing building was being torn down in this case. William Jones motioned to approve the request of Bruce Maxey, property owner, for the issuance of a Special Exception permit to allow a 1,200 square foot detached garage on the property located at 1862 Murrell Avenue (Tax Map # 128-1-4). Randy Foley seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace B. Amendment to the Zoning Ordinance Hold public hearing and consider adoption of ordinance on first reading for the request of Crystal Lowery, property owner, for rezoning the property located at 1000 Blk Ohio Ave (Tax Map # 197-1-15) from HM Heavy Manufacturing District to RSF Residential Single-Family District. (Advertised in the October 12 and 19, 2023, issues of the Salem Times-Register.) (Recommend approval; see page 4 of Planning Commission minutes). STAFF REPORT Mr. Van Allman shared that this property is right across the street on Ohio from the Valleydale property that is currently being constructed. The property in question did Item #4B Date: 11/13/2023 go through a Board of Zoning Appeals review in September to waive the minimum requirements for a residential single-family lot. This BZA approval was required prior to going before the Planning Commission. This approval was received, and this item went before the Planning Commission. The main concern was a turn- around for emergency vehicles. This rendering was not available at the time of the Planning Commission, but a sketch was provided for Council this evening. This would allow buses and any type of ambulance to turn around and be able to go back down Ohio. The main concern was that City vehicles would be able to get in and out. Traffic was discussed, but it was felt that this was a good compromise that the Planning Commission accepted. Vice-Mayor Wallace opened the public hearing. Don Haddon, 1208 Corporate Circle, Roanoke, Balzer & Associates, agent for Crystal Lowery, came forward to speak. He noted that access is from the alley in the rear and that there is a fairly steep grade from Ohio up to where the house will be located. He shared that there are currently a couple of other houses up there that access from the alley and that there is no place to really turn around. That is the reason that this is being addressed. He noted that the other side of the alley is zoned as Residential Single-Family and is surrounded on both sides by existing residential uses but is still currently zoned as Heavy Manufacturing. This property is Future Land Use RSF Residential Single-Family Use on GIS. He shared that he had added a decent turn-around to the plan and it was verified that Council had received this rendering for review. He offered that this could be extended a little bit more and also commented that he did not believe that heavy duty paving would be required as this an emergency use and is not for public turnaround and would only be accessed for emergency use. He also noted that this was not in any floodplain and had minimal traffic with four to five vehicles a day at the most. He stated that this had been approved by the Board of Zoning Appeals for variance to the lot width and lot size requirement, this would be considered an existing nonconforming lot and that the setback requirements for Residential Single-Family zoning would be honored. Vice-Mayor Wallace closed the public hearing. Mr. Foley noted that he's not opposed to this request and the information from the Planning Commission minutes; however, he foresees that this area has potential for future development and that this is setting a precedent for future homes to face the alley and is concerned that this would require that the alley become a road. Mr. Van Allman responded that this was something discussed in the Planning Commission Work Session and Regular Meeting. He shared that one of the things that the City can do if it becomes necessary or conditions warrant is that the road could be continued on through rather than ending in a dead end. He also noted that they could possibly look at widening the road. He noted that there would still not be a lot of traffic for residential single-family use in this area but that the concern in regards to traffic at this point does not look as though it could happen under current conditions. However, this could always be opened up if needed. He further indicated that his feeling was that more traffic would be invited at this point by opening this up so that people could cut through to Valleydale. He said this would be addressed in the future if necessary. Item #4B Date: 11/13/2023 Mr. Foley also stated that as the Board of Zoning Appeals had made their decision on the variance and Council could not affect that action; however, he wished to note his concern as to how many homes would be allowed through this area with reduced setbacks, etc. Mr. Wallace asked whether it made sense to try to rezone that whole strip as it looked like there would be a mixture of zonings for a while. Mr. Van Allman indicated that Community Development is looking at discussing this possibility through the Comprehensive Plan as after the Comprehensive Plan process is complete, they usually go in with a new zoning plan and that is one area they are looking at. Mr. Jones asked if this was kept on an item-by-item basis, would this give the City more control over rezoning all of this area. Mr. Van Allman responded affirmatively but noted that the feelings of the residents of the area would need to be considered as well as the feeling of that whole area. He added that those are lots of record and that if the owner wished to put it in industrial use even though it was a small lot, they could do so. He felt that as a City, it would be preferable to have a residential area. Mr. Foley stated again that he did not disagree with this request, but that he was thinking long-term of repercussions of starting with this one request and how that might grow. Mr. Van Allman indicated that in the past these concerns have been addressed and looked at. He noted a couple of instances in which a road had been extended and widened. He remarked that there were options that could be utilized in this area. He said that not all of this area was inaccessible from Ohio but that it was the section the further you go down from Valleydale that is inaccessible. He said that he had spoken with the City Engineer and that currently Community Development does not have concerns as there is not a lot of traffic in this area and that this would be addressed if needed in an effort to be prudent with the City's funding. Randy Foley motioned to adopt ordinance on first reading for the request of Crystal Lowery, property owner, for rezoning the property located at 1000 Blk Ohio Ave (Tax Map # 197-1-15) from HM Heavy Manufacturing District to RSF Residential Single-Family District. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace C. Administrative Calendar for 2024 Consider adoption of the administrative calendar for 2024. Mr. Light shared background information on this item. He noted that every year City Council adopts the Administrative Calendar which sets the City holidays. This calendar also sets the regular meeting dates for City Council, The Economic Development Authority, and the Planning Commission. Notice is posted for any additional meetings or cancellations, as required. Item #4B Date: 11/13/2023 Mayor Turk commented for the record that she noticed that the Virginia Municipal League Annual Conference is held in October. She believes that the meeting dates will be okay for the next year, but if the meeting dates do conflict, she would like to make a note to move the regular Council meeting date so that those Councilmembers that wish to attend may do so if that is allowable. William Jones motioned to adopt the Administrative Calendar for 2024. H Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace D. Boards and Commissions Consider appointments to various boards and commissions. Randy Foley motioned to appoint Rachel Thompson to serve on the Salem City School's School Board to fill the expiring term of David Preston on December 31, 2023. William Jones seconded the motion. Mayor Turk shared that they had a very large group of 6 excellent applicants and that Council was very grateful for their consideration of serving the City. She urged them to apply again in the future to serve on the School Board or another Board as Council is grateful for their involvement. She thanked them for applying. Mr. Wallace noted that he was going to support Ms. Thompson's nomination for the School Board, but that for the record he wished to correct some comments that were made a few weeks ago in the Council meeting. He noted that the last School Board member selected by Council was representative of a minority group and that with Ms. Thompson's appointment, the School Board would have two minority representatives. Ayes: Foley, Holliday, Jones, Turk, Wallace Randy Foley motioned to appoint Rob Light to replace James Taliaferro for the remainder of a four-year term expiring December 31, 2023, to the Roanoke Valley Broadband Authority. Mayor Turk seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace William Jones motioned to appoint Byron Randolph Foley for a two-year term ending November 13, 2025, to the Total Action for Progress (TAP) Board. H Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace E. Interim City Manager Consider appointment of Interim City Manager. Mayor Turk noted that it was great to have Mr. Light agree to do so. She continued Item #4B Date: 11/13/2023 that they needed to have someone on board that can sign legal paperwork that comes through the City and perform other duties until a new City Manager is hired. Randy Foley motioned to appoint Rob Light as interim city manager to perform all the duties of the office of city manager and to be invested with the powers and charged with the duties as are set forth in the Charter, the provisions of the Code and other ordinances of the city, and the laws of the Commonwealth. This appointment will be effective on November 1, 2023 and will continue until Council appoints a permanent city manager. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace 7. Adjournment Mr. Jones noted that this was Mr. Taliaferro's last meeting. He thanked Mr. Taliaferro for the service that he had given to the City and his love for the City. Each Council member expressed their appreciation to Mr. Taliaferro for his service. The meeting was adjourned at 6:59 p.m. Item #5A Date: 11/13/2023 AT A REGULAR MEETING OF CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL AGENDA ITEM: Amendment to the Zoning Ordinance Consider adoption of ordinance on second reading for the request of Crystal Lowery, property owner, for rezoning the property located at 1000 Blk Ohio Ave (Tax Map # 197-1-15) from HM Heavy Manufacturing District to RSF Residential Single-Family District. (Approved on first reading at the October 23, 2023, meeting.) SUBMITTED BY: Max Dillon, Planner SUMMARY OF INFORMATION: SITE CHARACTERISTICS: Zoning: HM Heavy Manufacturing Land Use Plan Designation: Residential Existing Use: Vacant Proposed Use: Residential The subject property (1000 blk Ohio Ave, Tax Map # 197-1-15) consists of a 0.172 acre tract of land that sits within the HM Heavy Manufacturing zoning district. The applicant is requesting a rezoning of the property to the RSF Residential Single Family zoning district in order to construct a single family detached dwelling. This item was presented to the Board of Zoning Appeals (BZA) on Wednesday, September 27, 2023 in an effort to obtain a variance in regard to the lot size, lot width, and road frontage requirements of the RSF Residential Single Family District. The Board of Zoning Appeals unanimously approved the request. If approved, this rezoning request would permit the applicant to build the proposed 1,248 square foot single family home. Primary access to this unit would likely be from the rear alley, mimicking that of the adjacent home (1021 Ohio Avenue). Any residential development on this property (aside from requirements lifted by variance) will be required to adhere to the development standards prescribed in Section 106-202.3. Site development regulations of the City of Salem Zoning Ordinance. The Future Land Use Map (FLUM) identifies this area as residential, still consistent with the proposed utilization of the property should the Special Exception Permit be granted. REQUIREMENTS: The proposal meets the requirements of Section 106-202.3. Site development regulations for RSF with the approved variance. Board of Zoning Appeals Unapproved MINUTES Thursday, September 27, 2023, 4:00 PM Council Chambers, 114 North Broad Street, Salem, Virginia 1. Call to Order A regular meeting of the Board of Zoning Appeals of the City of Salem, Virginia, was held after due and proper notice in the Council Chambers, 114 North Broad Street, Salem, Virginia, at 4:00 p.m., on September 27, 2023. Notice of such hearing was published in the September 14, and 21, 2023, issues of the "Salem Times Register", a newspaper published and having general circulation in the City. All adjacent property owners were notified via the U. S. Postal Service. The Board, constituting a legal quorum, presided together with Jim H. Guynn, Jr., City Attorney, Maxwell S. Dillion, Planner, and Mary Ellen Wines, Planning and Zoning Administrator; and the following business was transacted: Captain Copenhaver called the hearing to order at 4:02 p.m. 2. Roll Call Mr. Zoller, here. Mr. Sellars, here. Mr. Eanes, here. Mr. Gresham, here. Captain Copenhaver, here. 3. Disclaimer Captain Copenhaver declared that should anyone disagree with the Board’s decision shall have the right to appeal to the Circuit Court of the City of Salem. You must exercise the right to appeal no later than thirty (30) days following the Board’s decision by filing a petition to the Circuit Court specifying the grounds on which aggrieved. Chairman Copenhaver asked if everyone understood, if not, to ask when they approach. 4. New Business A. Variance Request Request of Crystal G. H. Lowery, property owner, for a variance from Section 106- 202.3(A) of the City of Salem Zoning Ordinance pertaining to site development regulations, for the property located at 1000 block of Ohio Avenue, Tax Map # 197-1-15. The petitioner is requesting a variance of twenty-five (25) feet of frontage, twenty-five (25) feet of lot width and one thousand five hundred square feet (1,500) square feet of lot area. Proper legal notice has been given and all property owners have been notified of said hearing. There have been two (2) phone calls inquiring as to what the request is about and one (1) neighboring property owner that had some concerns as far as access goes; that may be better addressed through the rezoning process if it moves forward. Captain Copenhaver asked if all the board members had the opportunity to review the correspondence associated with this matter. All responded with yes. Captain Copenhaver asked the petitioner or their representative approach and present their case, asking for them to state their name, address, and relationship to this hearing. Donald Haddon employed at 1208 Corporate Circle with Balzer and Associates, the agent of the requesting party. Crystal Lowery approached Balzer requesting that they do a variance because there is a requirement for rezoning. This variance would go right along with most of all the other lots in that area. Across the alley is already zoned RSF and the lots are of like size and shaping in square footage. Future land use for the city is RSF. They would like it to be single family and across Ohio Avenue is that redevelopment of the Valleydale site, which is going to be a very large residential reuse for that parcel there. So, it fits right in line with everything that is happening in the area. We are requesting a little bit of a variance from the lot size and frontage. Lot size is currently 50 by 130. if he remembers correctly, and we are asking for a variance of fifteen hundred (1,500) square foot from the required square footage of RSF and twenty-five (25) foot of road frontage of the required road frontage to accommodate a preexisting non-conforming lot. Captain Copenhaver asked if Mr. Haddon could tell a bit more on how they are planning on a building fitting in this lot and where the situation wise in relation to the lot next to it. Donald Haddon answered the house next door at 1021 is the only lot other than the very first lot at the alley that are being accessed from the alley. We are planning on setting our proposed dwelling that is twenty-six (26) feet wide and forty-eight (48) feet deep, fifty (50) foot back from the alley and that would put the front of that house right around, he did not know what would be considered the front of the adjoining house at. It is accessing from the alley, so we would consider the front on the alley. This building would be almost dead in line with the back side of that house. This is going to allow for a little bit more off street parking and drive there. Not to have a car to close to the alley to impede any traffic so to say any turn arounds of emergency vehicles so to say. It is going to provide for a better turn around in that area. Captain Copenhaver asked if there was a plan to create an access from Ohio Avenue. Donald Haddon responded that there was not currently, simply because of the topography of the lot. The question was brought up about access. The main concern was of the emergency vehicles back there. Currently there is an existing little gravel drive up front that is insufficient for a driveway and insufficient for a turnaround especially for say a fire truck. But if a forty (40) foot long driveway was added to get parking in front of this house and to make it double wide that would give plenty of space to turn around. There is an option of putting a parking spot down there and running a sidewalk down for emergency access if that was a concern. Mr. Zoller asked what the side yard setback requirement? Ms. Wines responded that for RSF Residential Single Family, it is ten (10)% of the lot width. Example if the lot is fifty (50) they require five (5) feet and that includes any overhang, guttering, any part of the home. Donald Haddon stated it will have a side yard setback of seven (7) feet. The sewer connection would be to the alley, water connection out to Ohio. Captain Copenhaver asked if there were any other persons wanting to speak on this matter. Hearing none, Captain Copenhaver closed the public hearing. Mr. Gresham motioned for approval. Mr. Eanes seconded the motion. Roll Call vote: Mr. Zoller, aye. Mr. Sellars, aye. Mr. Eanes, aye. Mr. Gresham, aye. Captain Copenhaver, aye. Captain Copenhaver stated the decision of the Zoning Administrator for the City of Salem in refusing to issue a permit to the petitioner is hereby confirmed. The variation from the terms of the zoning ordinance requested in the application of the petitioner should be, and the same is, hereby granted in accordance with the application presented at this meeting. The petitioner may now pursue rezoning. The next planning commission meeting will meet on the 11th of October. Followed by City Council meeting on the 23rd of October. The secretary of the Board of Zoning Appeals is here by instructed to certify a copy of this order to the Clerk of City Council and the Building Official of the City of Salem. This hearing is complete. Captain Copenhaver adjourned the meeting at 4:11 pm. ATTEST: _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Captain Copenhaver MBLU Location Owner Name Co-Owner Name Address 1 Address 2 City, State, Zip 197-1-15 1000 BLK OHIO AVE CRYSTAL LOWERY 1863 CHEROKEE ROSE CIR MOUNT PLEASANT SC 29466 197-1-16 1021 OHIO AVE JESSE A CROWDER 1021 OHIO AVE SALEM VA 24153 197-1-17 1000 BLK OHIO AVE JESSE A CROWDER 1021 OHIO AVE SALEM VA 24153 198-4-2 1015 OHIO AVE JERRY W BAILEY JR SIDNEY G WITT P O BOX 1368 SALEM VA 24153 198-4-1 1001 OHIO AVE JERRY W BAILEY JR 1001 OHIO AVE SALEM VA 24153 187-3-1 1002 CAROLINA AVE RANDOLPH WADDELL JR NORMA B WADDELL 1002 CAROLINA AVE SALEM VA 24153 197-1-1 1006 CAROLINA AVE KATHLEEN W CONNER 1006 CAROLINA AVE SALEM VA 24153 197-1-2 1012 CAROLINA AVE MICHALS HOME LLC 171 FOREST DR SALEM VA 24153 197-1-3 1016 CAROLINA AVE KATHRYN LEE 401 MONROE AVE # 102A CAPE CANAVERAL FL 32920 197-1-5 1024 CAROLINA AVE RACHEL E KESSLER 1024 CAROLINA AVE SALEM VA 24153 197-1-6 1100 CAROLINA AVE STEPHEN R HOOKER TRACEY L HOOKER 1100 CAROLINA AVE SALEM VA 24153 197-1-7 1102 CAROLINA AVE FRANCES S STEBBINS 1102 CAROLINA AVE SALEM VA 24153 197-1-8 1106 CAROLINA AVE DEANE A WELCH 1106 CAROLINA AVE SALEM VA 24153 197-1-9 1110 CAROLINA AVE JOSEPH M FOLEY DIANE L DEREU 302 ACADEMY ST SALEM VA 24153 197-1-10 1114 CAROLINA AVE KEITH D WOOSTER ELISABETH M WOOSTER 1114 CAROLINA AVE SALEM VA 24153 197-1-10.1 1120 CAROLINA AVE ADAM L SEDER NOVA SEDER P O BOX 6073 ASHEVILLE NC 28816 197-1-11 1225 PEARL ST DERICK WADE HALL 1225 PEARL ST SALEM VA 24153 197-1-12 1107 OHIO AVE RAYMOND J HUNT KATHLEEN M HUNT 1107 OHIO ST SALEM VA 24153 197-1-13 1100 BLK OHIO AVE RAYMOND J HUNT KATHLEEN M HUNT 1107 OHIO ST SALEM VA 24153 197-1-14 1100 BLK OHIO AVE RAYMOND J HUNT KATHLEEN M HUNT 1107 OHIO ST SALEM VA 24153 186-6-1 710 8TH ST VALLEYDALE CATALYST LLC 133 KIRK AVE ROANOKE VA 24011 198-5-2 1228 INDIANA ST CITY OF SALEM P O BOX 869 SALEM VA 24153 Planning Commission Meeting MINUTES Wednesday, October 11, 2023, 7:00 PM Work Session 6:00PM Council Chambers Conference Room, City Hall, 114 North Broad Street: WORK SESSION 1. Call to Order A work session of the Planning Commission of the City of Salem, Virginia, was held in Council Chambers Conference Room, City Hall, 114 North Broad Street, Salem, Virginia, at 6:00 p.m. on September 13, 2023; there being the members of said Commission, to wit: Vicki G. Daulton, Chair; Reid Garst, Neil L. Conner (absent), and Jackson Beamer; together with Mary Ellen Wines, Planning & Zoning Administrator; Charles E. Van Allman, Jr., Director of Community Development; and Jim H. Guynn, Jr., City Attorney; and the following business was transacted: Chair Daulton called the meeting to order at 6:04 p.m. and reported that this date, place and time had been set for the Commission to hold a work session. 2. New Business Recognition of retiring City Manager Jay Taliaferro was added to the regular meeting agenda. A. Discussion of items on the October agenda 1. 1862 Murrell Avenue (Tax Map # 128-1-4) 2. 1000 blk Ohio Avenue (Tax Map # 197-1-15) A discussion was held regarding the item on the October agenda. B. Introduction of items on the November agenda 1. Code changes, sign ordinance 2. Code changes, zoning ordinance 3. 800-802 Maryland Avenue Items for the November agenda were introduced, and a discussion was held. 3. Adjournment Chair Daulton inquired if there were any other items for discussion and hearing none, adjourned the work session at 6:45 p.m. REGULAR SESSION 1. Call to Order A regular meeting of the Planning Commission of the City of Salem, Virginia, was held after due and proper notice in the Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia, at 7:00 p.m., on September 13, 2023. Notice of such hearing was published in the September 28 and October 5, 2023, issues of the "Salem Times Register," a newspaper published and having general circulation in the City of Salem. All adjacent property owners were notified via the U. S. Postal Service. The Commission, constituting a legal quorum, presided together with James E. Taliaferro, II, City Manager; Jim H. Guynn, Jr., City Attorney; Mary Ellen Wines, Planning & Zoning Administrator; and Charles E. Van Allman, Jr., Director of Community Development, and the following business was transacted: Absent: King 2. Pledge of Allegiance A. Pledge of Allegiance 3. Consent Agenda Chair Daulton recognized retiring City Manager Jay Taliaferro, thanked him for his years of service, and wished him well. Absent: King A. Minutes Consider acceptance of the minutes from the September 13, 2023, work session and regular meeting and the September 29, 2023, joint work session with City Council. Neil Conner motioned acceptance of the minutes from the September 13, 2023, work session and regular meeting minutes, as well as the September 29, 2023, joint work session with City Council. Jackson Beamer seconded the motion. Ayes: Beamer, Conner, Daulton, Garst Absent: King 4. New Business A. Special Exception Permit Hold public hearing to consider the request of Bruce Maxey, property owner, for the issuance of a Special Exception permit to allow a 1,200 square foot detached garage on the property located at 1862 Murrell Avenue (Tax Map # 128-1-4). Staff noted the following: The subject property (1862 Murrell Avenue, Tax Map # 128-1-4) consists of a 2.03acre tract of land that sits within the RSF Residential Single Family zoning district. The applicant has submitted a rough sketch with the intention to construct an accessory structure on his property; however, because the proposed plans indicate a square footage of greater than 1,000 (1,500 square feet), a Special Exception Permit is required. If approved, the preliminary plan indicate that the structure will be constructed behind the rear building line of the home on the property, largely (if not entirely) shielded from the public view. The applicant intends to use the detached garage for storage of equipment and vehicles. The existing accessory structure on the property would be removed after the construction of the planned pole barn garage. The structure will be required to adhere to the site development regulations prescribed in Section 106-202.3. (B) 2. Accessory Structures of the City of Salem Zoning Ordinance. The Future Land Use Map (FLUM) identifies this area as residential, still consistent with the proposed utilization of the property should the Special Exception Permit be granted. Bruce Maxey, property, 1862 Murrell Avenue, appeared before the Commission and stated that he would like to build a garage a little bit bigger than is allowed by right. He stated that the garage would be used for his hobbies (motorcycles) and lawn equipment storage. The garage would be built in the rear of the property and would be lower in elevation than the primary structure. Member Conner questioned the timeframe necessary to remove the old building once the new building is constructed. Mr. Maxey mentioned that it is his desire to remove the old building as soon as possible and requested six months from the time the new building is constructed to remove the old structure. Chair Daulton asked if Mr. Maxey plans on "coming around" his house to enter the new garage. Mr. Maxey noted the location of the driveway and structure. Member Garst asked if staff had received any correspondence regarding the matter. Mary Ellen Wines, Zoning Administrator, stated that no correspondence was received. Member Beamer inquired about height requirements. Ms. Wines noted that accessory structures cannot be taller than the principal structure measured from the average adjacent grade. No other person(s) appeared related to the request. Neil Conner motioned approve the request of Bruce Maxey, property owner, for the issuance of a Special Exception permit to allow a 1,200 square foot detached garage on the property located at 1862 Murrell Avenue (Tax Map # 128-1-4) with the condition that the old structure to be removed within 180 days of the final building inspection approval. Jackson Beamer seconded the motion. Ayes: Beamer, Conner, Daulton, Garst Absent: King B. Amendment to the Zoning Ordinance Hold public hearing to consider the request of Crystal Lowery, property owner, for rezoning the property located at 1000 Blk Ohio Ave (Tax Map # 197-1-15) from HM Heavy Manufacturing District to RSF Residential Single-Family District. Staff noted the following: The subject property (1000 blk Ohio Ave, Tax Map # 197-1-15) consists of a 0.172-acre tract of land that sits within the HM Heavy Manufacturing zoning district. The applicant is requesting a rezoning of the property to the RSF Residential Single Family zoning district in order to construct a single family detached dwelling. This item was presented to the Board of Zoning Appeals (BZA) on Wednesday, September 27, 2023, in an effort to obtain a variance regarding the lot size, lot width, and road frontage requirements of the RSF Residential Single-Family District. The Board of Zoning Appeals unanimously approved the request. If approved, this rezoning request would permit the applicant to build the proposed 1,248 square foot single family home. Primary access to this unit would likely be from the rear alley, mimicking that of the adjacent home (1021 Ohio Avenue). Any residential development on this property (aside from requirements lifted by variance) will be required to adhere to the development standards prescribed in Section 106-202.3. Site development regulations of the City of Salem Zoning Ordinance. The Future Land Use Map (FLUM) identifies this area as residential, still consistent with the proposed utilization of the property should the Special Exception Permit be granted. Don Haddon of Balzer and Associates, appeared before the Commission on behalf of the property owner, and stated that the request for rezoning is to build a 1,250 square foot detached single-family home with access to the lot from the rear alley. He stated that driveway access from the rear would be expanded to allow for emergency vehicles to turn around. He also noted that the property had recently received a variance to meet RSF requirements. Member Garst noted that the new "turnaround" is not shown on the provided plans. Mr. Haddon stated that the new design will be reflected on the building plans if the request is approved. A discussion was held regarding the alley--where it stops, parking, etc. It was noted that the turnaround improvements will be located on the property, not in the alley itself. Mr. Joe Foley, 302 Academy Street, appeared before the Commission and stated that he is not speaking in opposition to the item, but he has concerns regarding allowing primary access from alleys. His concern revolves around emergency services and other city services (trash removal, etc.) He would like the city to plan ahead and understand the potential consequences. Member Conner stated that he has managed properties with rear access, and he does not believe it will be an issue. No other person(s) appeared related to the request. Reid Garst motioned approve the request of Crystal Lowery, property owner, for rezoning the property located at 1000 Blk Ohio Ave (Tax Map # 197-1-15) from HM Heavy Manufacturing District to RSF Residential Single-Family District. Neil Conner seconded the motion. Ayes: Beamer, Conner, Daulton, Garst Absent: King 5. Adjournment On motion by Member Beamer, seconded by Member Conner, the meeting was adjourned at 7:38 pm. City Council meeting, October 23, 2023, 6:30 p.m. Council Chambers, City Hall, 114 North Broad Street AN ORDINANCE TO AMEND SECTION 106-110, ARTICLE I, CHAPTER 106, OF THE CODE OF THE CITY OF SALEM, VIRGINIA, RELATING TO ZONING AND DIVIDING THE CITY INTO BUILDING DISTRICTS AND ESTABLISHING DISTRICT BOUNDARY LINES ON THE ZONING MAP OF THE CITY OF SALEM, VIRGINIA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that Section 106-110, Article I, Chapter 106 of The Code of the City of Salem, Virginia, relating to building district boundary lines be amended in the following particular and no other, viz: That the following described property in the City of Salem of Crystal Lowery, property owner, located at 1000 Blk Ohio Avenue (Tax Map # 197-1-15) be and the same is hereby changed from HM Heavy Manufacturing District to RSF Residential Single-Family District, and the map referred to shall be changed in this respect and no other, said property being described as follows: Beginning at a point on the North line of Ohio Avenue, 300' +/- from the intersection of the aforementioned avenue and the West line of Grace Street, Thence N 43 degrees, 40 minutes E, a distance of 150.00 feet to an alley; Thence along the South side of the alley S 46 degrees, 20 minutes E, a distance of 50.00 feet to a point; Thence S 43 degrees, 40 minutes W, a distance of 150.00 feet to a point on the North line of Ohio Avenue; Thence along Ohio Avenue N 46 degrees, 20 minutes W, a distance of 50.00 feet to the point of beginning, containing 7,500 +/- Square Feet and being in the City of Salem, VA. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be and the same are hereby repealed. This ordinance shall be in full force and effect ten (10) days after its final passage. Upon a call for an aye and a nay vote, the same stood as follows: H. Hunter Holliday – William D. Jones – Byron Randolph Foley – James W. Wallace, III – Renee F. Turk – Passed: Effective: /s/____ _ Mayor ATTEST: H. Robert Light Clerk of Council City of Salem, Virginia Item # 6A, 6B, 6C Date: 11/13/2023 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: November 13, 2023 AGENDA ITEM: Consider ordinance on first reading to amend Chapter 90, Article IV Division 2, Section 90-257 of the City Code to adopt water rates for fiscal years 2024-2028; consider ordinance on first reading to amend Chapter 90, Article IV, Division IV, Section 90- 303, Subdivision I of the City Code to adopt changes pertaining to charges for sewage disposal for fiscal years 2024-2028; and consider ordinance on first reading amending Chapter 90, Article III, Division 2, Subdivision I, Sections 90-74 and 90-128 pertaining to water and sewer disposal and rates and charges for fiscal years 2024-2028. SUBMITTED BY: Larado Robinson, Director of Water/Sewer Department SUMMARY OF INFORMATION: The City’s consultant, TRC (formerly Draper Aden Associates), has performed a Water and Sewer Rate Study and has provided recommendations for rate changes for the next five years. Rate changes include water and sewer base rates, volume rates, connection fees, and availability fees. It is critical to understand that incremental rate increases are necessary to maintain the City of Salem’s water and sewer systems. There are numerous benefits for us as a community to raise rates incrementally as operational and capital improvement costs continue to increase. Raising rates should provide adequate funding that will allow us to: Maintain Our Expected Level of Service: We desire to maintain the level of service our citizens and businesses expect of us by minimizing service disruptions, reducing the need for unexpected and unplanned capital projects and quickly addressing emergency repairs. Upgrade Aging Infrastructure: Like many other cities, Salem has an aging water and sewer infrastructure requiring incremental upgrades. Improving our infrastructure improves the efficiency, quality and resilience of our system. Protect the Public Health: Our top priority is to ensure the delivery of safe and clean water to our citizens and businesses. Additionally, maintaining a dependable sewer system will help us prevent the release of wastewater into the environment. Meet Regulatory Requirements: We must keep up with unfunded regulatory mandates as regulatory agencies impose new requirements. New requirements include meeting today’s environmental challenges and our need to continue serving the City throughout extreme weather conditions. Help Preserve Property Values and Promote Economic Growth: A well- maintained water and sewer system will help preserve the overall value of properties within the City of Salem. Maintaining our system will impact the community’s reputation and support economic growth. Providing consistent small rate increases, rather than implementing significant increases in single years, is much more beneficial for citizens and businesses. Increasing rates will also provide adequate funding to ensure our ability to maintain an expected level of service, upgrade our aging infrastructure, promote public health, meet regulatory requirements, help preserve property values and promote economic growth. Rate increases are an investment in the long-term sustainability of the water and sewer systems to secure a prosperous and resilient future for the City of Salem. Note that the attached proposed ordinances show in strikethrough format the rates formally adopted by Council in 2016 for subsequent calendar years. Municode does not reflect the codified 2016 actions. Upon Councils adoption of the new rates and fees, staff will engage Municode to ensure the 2016 rates and fees approved are incorporated into the historical code revisions. FISCAL IMPACT: See Attached. STAFF RECOMMENDATION: It is recommended that Salem City Council approve the recommendations made by the City’s consultant. AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 90, ARTICLE IV, DIVISION 2, SECTION 90-257, OF THE CODE OF THE CITY OF SALEM, VIRGINIA, PERTAINING TO RATES WITHIN CITY. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that Section 90- 257, Division 2, Article IV, Chapter 90, of The Code of the City of Salem, Virginia, be amended, revised, and reordained to read as follows: CHAPTER 90 UTILITIES Article IV. Rates and Charges. Division 2. Water. Sec. 90-257. Rates within city. There are hereby established the following customer classes and rates for consumers of water within the City effective January 1, 2024 July 1, 2016. The following consumer classes are: Residential, generally characterized as serving single family residential household regardless of the level of consumption; Duplex-Residential, those residential customers with two housing units receiving water through one meter; Small Commercial, a business entity that generally uses less than 75,000 gallons of water per month; Large Commercial, business entities both commercial or industrial using in excess of 75,000 gallons of water per month; Multi-Unit, those residential customers with more than two housing units receiving water through one meter or those commercial customers with more than one business location receiving water through one meter; Duplex-Residential, those residential customers with two housing units receiving water through one meter; Fire Service are the connections that are for metered fire suppression systems. The following base charges are hereby established and effective January 1, 2017 as noted: WATER BASE SERVICE FEE Jan. 2017 Jan. 2018 Jan. 2019 Jan. 2020 Jan. 2021 Residential $12.24 $12.60 $12.98 $13.24 $13.51 Small Commercial $24.47 $25.21 $25.96 $26.48 $27.01 Large Commercial $50.39 $51.90 $53.46 $54.53 $55.62 Multi-Unit $37.43 $38.55 $39.71 $40.50 $41.31 Fire Service $24.47 $25.21 $25.96 $26.48 $27.01 WATER BASE SERVICE FEE Jan. 2024 Jan. 2025 Jan. 2026 Jan. 2027 Jan. 2028 Residential $14.46 $15.47 $15.93 $16.41 $16.90 Duplex-Residential $28.91 $30.93 $31.86 $32.82 $33.80 Small Commercial $28.90 $30.92 $31.85 $32.81 $33.79 Large Commercial $59.51 $63.68 $65.59 $67.56 $69.59 Multi-Unit $44.20 $47.29 $48.71 $50.17 $51.68 Fire Service $28.90 $30.92 $31.85 $32.81 $33.79 The following base charges are hereby established and effective July 1, 2016: WATER BASE SERVICE FEE July 2016 Jan. 2017 Jan. 2018 Jan. 2019 Jan. 2020 Jan. 2021 Duplex- Residential $23.76 $24.48 $25.20 $25.96 $26.48 $27.02 The following volume charges are hereby established and effective January 1, as noted: WATER VOLUME RATE (GPM = Gallons Per Month) Jan. 2017 Jan. 2018 Jan. 2019 Jan. 2020 Jan. 2021 First 5,000 GPM $5.25 $5.41 $5.57 $5.68 $5.80 5,000 – 10,000 GPM $5.47 $5.63 $5.80 $5.92 $6.04 10,000 – 75,000 GPM $5.90 $6.08 $6.26 $6.39 $6.51 75,000 GPM – 1,000,000 GPM $6.20 $6.39 $6.58 $6.71 $6.84 1,000,000 GPM and over $3.68 $3.79 $3.90 $3.98 $4.06 WATER VOLUME RATE Per 1,000 Gallons Used (GPM = Gallons Per Month) Jan. 2024 Jan. 2025 Jan. 2026 Jan. 2027 Jan. 2028 First 5,000 GPM $6.21 $6.64 $6.84 $7.05 $7.26 5,000 – 10,000 GPM $6.46 $6.91 $7.12 $7.33 $7.55 10,000 – 75,000 GPM $6.97 $7.46 $7.68 $7.91 $8.15 75,000 GPM – 1,000,000 GPM $7.32 $7.83 $8.06 $8.30 $8.55 1,000,000 GPM and over $4.34 $4.64 $4.78 $4.92 $5.07 Non-User Fees are fees charged to customers if service is available to the property whether or not they use this utility. Water Non-User Fees Jan. 2017 Jan. 2018 Jan. 2019 Jan. 2020 Jan. 2021 32% of 5,000 GPM Residential Rate $12.32 $12.69 $13.07 $13.32 $13.60 Water Non-User Fees Jan. 2024 Jan. 2025 Jan. 2026 Jan. 2027 Jan. 2028 32% of 5,000 GPM Residential Rate $14.55 $15.57 $16.04 $16.52 $17.02 All ordinances, or parts of ordinances, in conflict with the provisions of this ordinance be and the same are hereby repealed. The rates and fees for January of 2028 will remain in effect after December 31, 2028 until or unless amended by ordinance. This ordinance shall be in full force and effect on January 1, 2024 July 1, 2016. Upon a call for an aye and a nay vote, the same stood as follows: H. Hunter Holliday - William D. Jones – Byron Randolph Foley – James W. Wallace, III – Renee F. Turk – Passed: Effective: /s/ Mayor ATTEST: H. Robert Light Clerk of Council City of Salem, Virginia AN ORDINANCE TO AMEND, REVISE, AND REORDAIN, Chapter 90, Article IV, Division IV, Section 90-303, Subdivision I OF THE CODE OF THE CITY OF SALEM, VIRGINIA, PERTAINING TO CHARGES FOR SEWAGE DISPOSAL. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that the sewage disposal rate schedule be amended, revised, and reordained to read as follows: ARTICLE IV. DIVISION IV. SEWER SERVICE CHARGES IN CITY; PROHIBITED DISCHARGES Subdivision I. In General Section 90-303. Domestic and industrial sewage, charges for disposal. (a) There are hereby established the following customer classes and rates for the consumption of sewer utility services within the City of Salem effective January 1, 2024 July 1, 2016. Residential, generally characterized as serving single-family residential households regardless of the level of consumption; Duplex-Residential, those residential customers with two housing units served by a single meter; Small Commercial, is a business entity that utilizes less than 75,000 gallons per month; Large Commercial, are businesses entities both commercial or industrial using in excess of 75,000 gallons per month; Multi-Unit, those residential customers with more than two housing u nits served by a single meter or those commercial customers with more than one business location served by a single meter; Duplex-Residential, those residential customers with two housing units served by a single meter . The following base charges are hereby established and effective January 1, 2017 as noted: SEWER BASE SERVICE FEE Jan. 2017 Jan. 2018 Jan. 2019 Jan. 2020 Jan. 2021 Residential $22.70 $22.70 $22.70 $22.70 $22.70 Small Commercial $45.41 $45.41 $45.41 $45.41 $45.41 Large Commercial $90.82 $90.82 $90.82 $90.82 $90.82 Multi-Unit $67.11 $67.11 $67.11 $67.11 $67.11 SEWER BASE SERVICE FEE Jan. 2024 Jan. 2025 Jan. 2026 Jan. 2027 Jan. 2028 Residential $23.38 $24.08 $24.80 $25.54 $26.31 Duplex $46.76 $48.16 $49.60 $51.09 $52.62 Small Commercial $46.77 $48.17 $49.62 $51.11 $52.64 Large Commercial $93.54 $96.35 $99.24 $102.22 $105.29 Multi-Unit $70.15 $72.25 $74.42 $76.65 $78.95 The following base charges are hereby established and effective July 1, 2016: SEWER BASE SERVICE FEE July 2016 Jan. 2017 Jan. 2018 Jan. 2019 Jan. 2020 Jan. 2021 Duplex-Residential $45.40 $45.40 $45.40 $45.40 $45.40 $45.40 The following volume charges are hereby established and effective January 1, as noted: SEWER VOLUME RATE (GPM = Gallons Per Month) Jan. 2017 Jan. 2018 Jan. 2019 Jan. 2020 Jan. 2021 First 5,000 GPM $5.39 $5.39 $5.39 $5.39 $5.39 5,000 – 10,000 GPM $5.39 $5.39 $5.39 $5.39 $5.39 10,000 – 75,000 GPM $5.39 $5.39 $5.39 $5.39 $5.39 All over 75,000 GPM $5.39 $5.39 $5.39 $5.39 $5.39 SEWER VOLUME RATE Per 1,000 Gallons Used (GPM = Gallons Per Month) Jan. 2024 Jan. 2025 Jan. 2026 Jan. 2027 Jan. 2028 First 5,000 GPM $5.55 $5.72 $5.89 $6.07 $6.25 5,000 – 10,000 GPM $5.55 $5.72 $5.89 $6.07 $6.25 10,000 – 75,000 GPM $5.55 $5.72 $5.89 $6.07 $6.25 All over 75,000 GPM $5.55 $5.72 $5.89 $6.07 $6.25 Non-User Fees are fees charged to customers if service is available to the property whether or not they use this utility. Sewer Non-User Fees Jan. 2017 Jan. 2018 Jan. 2019 Jan. 2020 Jan. 2021 32% of 5,000 GPM Residential Rate $14.40 $14.40 $14.40 $14.40 $14.40 Sewer Non-User Fees Jan. 2024 Jan. 2025 Jan. 2026 Jan. 2027 Jan. 2028 32% of 5,000 GPM Residential Rate $14.83 $15.27 $15.73 $16.20 $16.69 Unmetered Sewer Fees are fees charged to customers who have sewer service but not a metered water service that provides a monthly reading for usage. Unmetered Sewer User Fees Jan. 2017 Jan. 2018 Jan. 2019 Jan. 2020 Jan. 2021 100% of 4,000 GPM Residential Rate $44.26 $44.26 $44.26 $44.26 $44.26 Unmetered Sewer User Fees Jan. 2024 Jan. 2025 Jan. 2026 Jan. 2027 Jan. 2028 100% of 4,000 GPM Residential Rate $45.58 $46.96 $48.36 $49.82 $51.31 (b) All consumers who purchase from the city only a part of the water consumed or used by them and all persons who purchase or acquire water from any other source, regardless, shall pay based on such volume as set forth in subsection (a) as would have been assessed against such consumers had they been furnished all their water from the city's water system for disposal of industrial sewage. In order to determine the amount of water used by such consumers, regardless of its source, when less than the entire amount of water so used is furnished through the city's water system, such consumers shall install water meters of a type currently used by the city's water and sewer department, so that the same may be read in like manner as the city water meters are now read, and the proper charge for industrial sewage can be fixed and determined on a monthly basis as if such water had actually been purchased each month from the city at the city's prevailing rates, and in addition thereof, the surcharges as are provided for in this subdivision. The sewer rates herein established shall apply to all bills rendered after January 1, 2024 July 1, 2016. All ordinances, or parts of ordinances, in conflict with the provisions of this ordinance be and the same are hereby repealed. The rates and fees for January of 2028 will remain in effect after December 31, 2028 until or unless amended by ordinance. This ordinance shall be in full force and effect on January 1, 2024 July 1, 2016. Upon a call for an aye and a nay vote, the same stood as follows: Passed: Effective: /s/ Mayor ATTEST: H. Hunter Holliday - William D. Jones – Byron Randolph Foley – James W. Wallace, III – Renee F. Turk – H. Robert Light Clerk of Council, City of Salem, Virginia AN ORDINANCE TO AMEND, REVISE AND REORDAIN CHAPTER 90, ARTICLE III, DIVISION 2, SUBDIVISION I, SECTION 90-74 AND 90-128 PERTAINING TO WATER AND SEWER DISPOSAL AND RATES AND CHARGES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, THAT SECTIONS 90-74 AND 90-128, ARTICLE III, CHAPTER 90, of The Code of the City of Salem, Virginia, be amended, revised and reordained to read as follows: Chapter 90 - UTILITIES ARTICLE III. - WATER AND SEWAGE DISPOSAL DIVISION 2. - WATERWORKS SYSTEM AND WATER SUPPLY Subdivision I. - In General Sec. 90-74. - Same—Charges. (a) Generally. Before a service connection to a city water main is made for a consumer of water, the person desiring such connection shall comply with City connection policy and pay to the city treasurer the following charges: (1) Availability fees: The following charges are hereby established and effective January 1, as noted: 5/8” or ¾” Water Meter Size $2,000.00 1” Water Meter Size $4,000.00 1 ½” Water Meter Size $7,000.00 2” Water Meter Size $13,000.00 3” Water Meter Size $25,000.00 4” Water Meter Size $40,000.00 6” Water Meter Size $80,000.00 8” Water Meter Size $155,000.00 Meter Size or Tap Size (Whichever is greater) Jan. 2024 Jan. 2025 5/8” or 3/4” $3,000.00 $4,000.00 1” $6,000.00 $8,000.00 1-1/2” $10,500.00 $14,000.00 2” $19,500.00 $26,000.00 3” $37,500.00 $50,000.00 4” $60,000.00 $80,000.00 6” $120,000.00 $160,000.00 8” $232,500.00 $310,000.00 (2) Connection fees: The following charges are hereby established and effective January 1, as noted: 5/8” or ¾” Water Meter Size $1,500.00 1” Water Meter Size $1,800.00 1 1/2“ Water Meter Size $2,700.00 2” Water Meter Size $3,300.00 Larger than 2” Water Meter Size Actual Cost plus 29% Meter Size or Tap Size (Whichever is greater) Jan. 2024 5/8” or ¾” $2,000.00 or actual cost plus 29%, whichever is greater 1” $2,300.00 or actual cost plus 29%, whichever is greater 1-1/2“ $3,200.00 or actual cost plus 29%, whichever is greater 2” $3,800.00 or actual cost plus 29%, whichever is greater Larger than 2” Actual Cost plus 29%, whichever is greater (b) Subdivisions. In a duly approved subdivision where the subdivider or property owner has installed water service laterals, as required under the provisions of chapter 78 of this Code as a part of the physical improvements within the subdivision, the amounts specified in subsection (a) of this section to be made shall be reduced by 40 percent. Connection fee for water service laterals installed by subdivider are hereby established and effective January 1, as noted: 5/8” or ¾” Water Meter Size $900.00 1” Water Meter Size $1,080.00 1 ½” Water Meter Size $1,620.00 2” Water Meter Size $1,980.00 Larger than 2” Water Meter Size Actual cost plus 29%, whichever is greater Water Meter Size Jan. 2024 5/8” or ¾” $1,200.00 1” $1,380.00 1-1/2” $1,920.00 2” $2,280.00 Larger than 2” Water Meter Size Actual cost plus 29% DIVISION 3. - SEWAGE DISPOSAL Subdivision I. - In General Sec. 90-128. - Sewer connection charges generally. (a) Before a sewer service connection is made to a city public sewer, the applicant therefor shall comply with City connection policy and pay to the city treasurer the following charges: (1) Availability fees: The following charges are hereby established and effective January 1, as noted: 5/8” or ¾” Water Meter Size $1,000.00 1” Water Meter Size $2,000.00 1 ½” Water Meter Size $3,500.00 2” Water Meter Size $6,000.00 3” Water Meter Size $12,000.00 4” Water Meter Size $20,000.00 6” Water Meter Size $40,000.00 8” Water Meter Size $75,000.00 Meter Size or Tap Size (Whichever is greater) Jan. 2024 Jan. 2025 5/8” or ¾” $1,500.00 $2,000.00 1” $3,000.00 $4,000.00 1-1/2” $4,500.00 $6,000.00 2” $9,000.00 $12,000.00 3” $18,000.00 $24,000.00 4” $30,000.00 $40,000.00 6” $60,000.00 $80,000.00 8” $112,500.00 $150,000.00 (2) Connection fees: 6” Sewer Connection or smaller - based on lateral diameter The greater of $2,100.00 or actual cost plus 29% Larger than 6” Sewer Connection - based on lateral diameter The greater of $2,100.00 or actual cost plus 29% 6” Sewer Connection or smaller - based on lateral diameter The greater of $2,200.00 or actual cost plus 29% Larger than 6” Sewer Connection - based on lateral diameter The greater of $2,200.00 or actual cost plus 29% (b) This section shall be subject to sections 90-129 and 90-130 All ordinances, or parts of ordinances, in conflict with the provisions of this ordinance be and the same are hereby repealed. This ordinance shall be in full force and effect on January 1, 2024 July 1, 2016. Upon a call for an aye and a nay vote, the same stood as follows: H. Hunter Holliday - William D. Jones – Byron Randolph Foley – James W. Wallace, III – Renee F. Turk – Passed: Effective: /s/ Mayor ATTEST: H. Robert Light Clerk of Council City of Salem, Virginia Item #6D Date: 11/13/2023 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: November 13, 2023 AGENDA ITEM: Request to appropriate donation from Deggeller Attractions. SUBMITTED BY: Rosemarie B. Jordan, Director of Finance SUMMARY OF INFORMATION: Each year Deggeller Attractions donates approximately $10,000 to the City for a community impact project. $7,600 from the prior year’s Fair donation and $7,500 from the current year’s Fair donation was given to the Fire Department to purchase an EMS cart. FISCAL IMPACT: The donation allows the City to purchase needed items that are not included in the current budget. STAFF RECOMMENDATION: City staff requests Council to appropriate $7,600 in the Appropriated from Fund Balance account, 10-012-0100-40200 and appropriate $7,500 to the Fire Donation account, 10- 032-0100-46225. Increase the Fire Department’s Machinery and Equipment expenditure budget, 10-032-3210-58001, by $15,100. Budget Entry Date GL Account Account Name Increase/ (Decrease)Description 11/13/2023 10‐012‐0100‐40200 Designation Of Beginning Fund Balance 7,600 Appropriate donation per 11/13/23 council action 11/13/2023 10‐032‐3210‐46225 Donations ‐ Fire 7,500 Appropriate donation per 11/13/23 council action 11/13/2023 10‐032‐3210‐58001 Machinery And Equipment 15,100 Appropriate donation per 11/13/23 council action Item #6E Date: 11/13/2023 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: November 13, 2023 AGENDA ITEM: Request to appropriate funds from the Library of Virginia SUBMITTED BY: Rosemarie B. Jordan, Director of Finance SUMMARY OF INFORMATION: Each year, the Library of Virginia provides state aid to the Salem Public Library. The City was awarded more funding than was budgeted for fiscal year 2024 so the budget needs to be increased by $57,426 to account for the total State allocation. FISCAL IMPACT: Additional grant funds will be used to purchase additional books and materials for the Salem Public Library. STAFF RECOMMENDATION: Staff recommends appropriating $57,426 to the Library Grants In Aid State revenue account, 10-076-0100-48370. Increase the budget for the Books and Subscriptions – State account, 10-076-7300-56013, by $57,426 for the purpose stated above. Budget Entry Date GL Account Account Name Increase/ (Decrease)Description 11/13/2023 10‐076‐0100‐48370 Library Grant In Aid State 57,426 Appropriate additional state funds per 11/13 council action 11/13/2023 10‐076‐7300‐56013 Books and Subscriptions ‐ State 57,426 Appropriate additional state funds per 11/13 council action Item #6F Date: 11/13/2023 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: November 13, 2023 AGENDA ITEM: Request to amend the School Cafeteria Fund budget as approved by the School Board on September 12, 2023 SUBMITTED BY: Rosemarie B. Jordan, Director of Finance SUMMARY OF INFORMATION: The School Cafeteria Fund budget was amended for fiscal year 2022-2023 by the School Board at their meeting on September 12, 2023. The Board amended the Cafeteria Fund budget to increase revenues and expenditures by $127,000. The attached memo details the appropriation changes. FISCAL IMPACT: Appropriation changes totaling $127,000 are to be made to the School Cafeteria Fund. STAFF RECOMMENDATION: Staff recommends that Council approve the School Board’s appropriation changes of $127,000 be made to the Cafeteria Fund, per the attached report. H:\Board Reports\Year End State Category Budget Adj 09122023 - Narrative.doc Salem City Schools FY 2023 Budget by State Category September 12, 2023 Summary of Issue: Presented for your consideration are amendments to the 2022-23 School Cafeteria Fund budget. Amendments are required for a variety of reasons. When the Board adopts the budget, it is based on known facts and assumptions made throughout the budget process. Over time, these assumptions change; demands may be made by parents and/or students, state mandates previously unknown may come in to play, additional revenue may be received by the school division through donation or grant, student enrollment may change, and even the Board itself may place additional requirements on school finances. Any State category that spends above its appropriated budget must be reconciled and any revenue increases to the budget requires Board and Council approval before funds can be utilized. The Cafeteria Fund remains in a positive financial position. During the year-end review of accounts, the cafeteria fund is showing more expenditures than budgeted for FY 2023 of $126,684.18. We had previously presented an adjustment request to cover the amount of commodities revenue anticipated, but even after that, we had additional expenditures in excess of all revenues that need to be accounted for. On the revenue side, we are requesting the use of cafeteria fund balance to cover the expenditures incurred in the previous fiscal year. Revenues and expenditures must match, so the request will be to increase the budget by $127,000. Policy Reference: DA-BR Budget Transfers Fiscal Impact: The budget adjustments in Attachment A will increase the revenue and expenditure budgets in the School Cafeteria Fund in total by the same amount of $127,000. Recommended Action: Move approval of the budget amendments in the School Cafeteria Fund as presented and recommend that City Council approve the same . Account Account Description Annual Budget Amount 33-112-65-65-9-510-63010 Appropriated from Fund Balance $ 28,400.00 33-113-65-65-9-510-63010 Appropriated from Fund Balance $ - 33-114-65-65-9-510-63010 Appropriated from Fund Balance $ - 33-115-65-65-9-510-63010 Appropriated from Fund Balance $ - 33-116-65-65-9-510-63010 Appropriated from Fund Balance $ - 33-112-65-65-9-510-76120 Food Products $ 167,342.00 33-113-65-65-9-510-76120 Food Products $ 123,543.00 33-114-65-65-9-510-76120 Food Products $ 114,014.00 33-115-65-65-9-510-76120 Food Products $ 103,684.00 33-116-65-65-9-510-76120 Food Products $ 117,075.00 Budget Adjustments September 12, 2023 for FY 23 - Year-End State Categories #2 YTD Actual Amount Budget Less YTD Actual Adjustment Needed $ - $ - 20,399.00$ $ - $ - 25,825.00$ $ - $ - 25,351.00$ $ - $ - 30,287.00$ $ - $ - 25,138.00$ 127,000.00$ $ 200,561.26 $ (33,219.26)20,399.00$ $ 165,597.88 $ (42,054.88)25,825.00$ $ 155,297.98 $ (41,283.98)25,351.00$ $ 153,004.92 $ (49,320.92)30,287.00$ $ 158,010.48 $ (40,935.48)25,138.00$ 127,000.00$ -$ Budget Adjustments September 12, 2023 for FY 23 - Year-End State Categories #2 Attachment A Item #6G Date: 11/13/2023 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: November 13, 2023 AGENDA ITEM: Request to amend the School Operating Fund, School Grants Fund, School Capital Projects Fund and School Reserve Fund budgets as approved by the School Board on October 10, 2023 SUBMITTED BY: Rosemarie B. Jordan, Director of Finance SUMMARY OF INFORMATION: The budget for various School funds was amended for fiscal year 2023-2024 by the School Board at their meeting on October 10, 2023. The Board amended the budgets to appropriate $1,004,948 from the unallocated capital reserve funds. The attached memo covers the various appropriation changes. Also included is the CIP document for the six- year period, fiscal years 2025 – 2030. FISCAL IMPACT: Appropriation changes totaling $1,004,948 to be made to the School Operating, Grants, Capital Projects and Reserve Funds. STAFF RECOMMENDATION: Staff recommends that Council approve the School Board’s appropriation changes of $10,000 to the School Operating Fund, $97,500 to the School Grants Fund, $199,448 to the School Reserve Fund and $698,00 0 to the School Capital Projects Fund per the attached reports. Staff also recommends approval by City Council of the six-year CIP document submitted by the School Board. Salem City Schools Capital Improvement Plan (CIP) for 2025-2030 and Projects for FY 2024 October 10, 2023 Summary of Issue: This report is to request the Board to: 1. Approve the proposed projects for FY 2024 from the 6/30/2023 year-end balance and the funding of these projects (Capital Reserve) (Attachment A) 2. Approve the proposed 2025-2030 Six Year CIP (Attachment B with Appendix C for HVAC & Roofing lists) Background: Salem’s school buildings require on-going major maintenance projects on a regular basis due to age. In recent years this has included such things as roofing replacement, heating and air conditioning work, building renovations, door and window updates, classroom upgrades and similar. In addition, the division has used capital reserve funds traditionally to replace buses, supplement its technology budget, and replace major cafeteria equipment on a planned regular basis to even out future necessary outlays. With the balance available from this past fiscal year, the projects in attachment A are the requests from the Division on how to use these funds. There are 4 categories of how a fund balance is to be reported in the Capital Projects Fund for financial reporting purposes within the statement: 1. Restricted Fund Balance - restricted by external creditors (debt covenants) grantors, contributors 2. Committed Fund Balance - amounts that can only be used pursuant to constraints imposed by legislation, resolution, or ordinance and the constraints can only be removed by the same method 3. Assigned Fund Balance - amounts that are constrained by the government’s intent to be used for specific purposes, but neither restricted or committed 4. Unassigned Fund Balance - any residual fund balance not in the first 3 categories. Policy Reference: FB, Facilities Planning Fiscal Impact: At this time, $1,004,948 of the unallocated capital reserve funding will be categorized in Assigned Fund Balance. The total projects anticipated during the current fiscal year from capital reserve are listed in Attachment A. The total project requests in the CIP for the six-year period FY 2025-2030 are $22,683,517 per Attachment B. Recommended Motion: Move approval of the projects for FY 2024 using funding from the 6/30/2023 year-end balance, meals tax, and fund balance and request that City Council appropriate funding from these balances as required, and move approval of the FY 2025-20309 CIP. 10/10/2023 Attachment A Capital reserve balance at 6/30/2023 - UNAUDITED $691,493 Plus: amount to be used from Fund Balance and/or Meals Tax excess ($258,000)$313,455 Available for FY 24 projects/future AE/construction $1,004,948 Name of Project Notes Estimated Cost, if known Local Match for Extended School Year Grant We received the grant of $300,000 with a 20% match requirement. That would be $60,000.$60,000.00 Local Match for School Security Grant We applied for the max grant of $250,000 with a 25% match requirement. That would be $62,500. $50,000 left in account, so only $12,500 needed.$12,500.00 SHS Chiller Repair When working on other chiller repairs, extensive repairs were noted that needed correcting and could not wait.$55,000.00 COPS School Violence Prevention Program Grant Local Match of 25% Requested $100,000 with a local match of $25,000 for weapons detection systems.$25,000.00 Requirement $152,500 West Salem Boiler Replacement (1 of 2)City Maintenance Request. Due for replacement.$100,000.00 Continued Roof Work City Maintenance Request. Coating, in place of tear off and replace, plans continued as far as funding will provide.$368,000.00 ALMS Cooling Tower Replacement City Maintenance Request. Due for replacement.$80,000.00 Replacement of 2 Split System units at West Salem Gym - Phase I City Maintenance Request. Due for replacement.$150,000.00 HVAC Controls Replacement/Update in SHS Art Room City Maintenance Request due to cuurent systems not working properly $10,000.00 City Requests $708,000 Update Push Bars at East Doors 7, 9, and 10 per (safety audit).$25,000.00 Replacement of Smoke & Duct Detectors - Phase I Inspections found that the devices are getting close to allotted response time per code, and thus require replacement. This would do half with the other half to be done next year.$10,000.00 Safety $35,000 Cooling of MDF/IDFClosets Phase I MDFs and IDFs are switch closets at the various school locations. MDFs are the Main Distribution and IDFs are Integral Distribution. The switching equipment typically generates considerable heat and when the heat is too high the equipment can fail. Cooling these environments helps ensure longer life of the investment and also helps eliminate potential downtime due to equipment failure.$28,568.00 Door Badge Reader Software Replacement (ProWatch) Current system is lacking and unsupported. This is a solution to mitigate door lock failures that occur almost weekly.$24,130.00 Phone System SRST Current survivable remote site telephone gateways are unsupported and aged out. This makes for safety implications. Phone systems need to be covered where possible.$29,500.00 Division Cat6 incremental installation/replacement 30 drops at $575/drop. The CAT6 cabling request is intended to phase out old CAT5 cabling that has limited shielding that can be disrupted more easily than newer cabling that also comes with greater throughput/capacity.$17,250.00 Technology $99,448 Program Addition at SHS - EMT/Health Sciences SCS is looking to start an Emergency Medical Technition (EMT) Program for the 1st time and will need startup costs for the program.$10,000.00 Instruction $10,000 Total $1,004,948 (Over)/Under Budget $0 Salem City Schools CIP Requests from Principals and Central Administrators - FY 2023 Fund Balance October 2023 School Board Meeting Inflation factor 1.03 TBD=Date To Be Determined YR 1 YR 2 YR 3 YR 4 YR 5 YR 6 Total FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 TBD FY 2025-2030 Comments WHERE THE FUNDING WILL COME FROM: Future Capital Reserve Funds $3,175,890 $3,186,179 $6,522,842 $2,230,661 $4,305,249 $1,429,359 $1,635,000 $22,485,180 Cafeteria Fund Balance $41,386 $52,028 $32,689 $23,370 $24,071 $24,793 $0 $198,337 $3,217,276 $3,238,207 $6,555,531 $2,254,031 $4,329,320 $1,454,152 $1,635,000 $22,683,517 $22,683,517 WHERE THE FUNDING WILL BE SPENT: YR 1 YR 2 YR 3 YR 4 YR 5 YR 6 Total Category 1: Recurring Projects FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 TBD FY 2025-2030 General System-Wide Roof Replacement on Regular Schedule $944,514 FCR $605,000 FCR $575,000 FCR $592,250 FCR $610,018 FCR $628,319 FCR $3,955,101 Two School Buses Annually $270,000 FCR $278,100 FCR $286,443 FCR $295,036 FCR $303,887 FCR $313,004 FCR $1,746,470 School Technology- Infrastructure $50,000 FCR $50,000 FCR $100,000 Blade Servers used to store School data & Switches to enable communication between networked devices. School Technology- Computer Replacement $304,532 FCR $313,668 FCR $323,078 FCR $332,770 FCR $342,753 FCR $353,036 FCR $1,969,837 On-going replacements School Technology- General - Other Computer/Smart Board Replacement $100,000 FCR $100,000 FCR $100,000 FCR $100,000 FCR $400,000 Cafeteria/Kitchen Equipment Replacement $21,386 FCR $22,028 FCR $22,689 FCR $23,370 FCR $24,071 FCR $24,793 FCR $138,337 On-going replacements Division Vehicle Replacement $35,000 FCR $35,000 FCR $70,000 Category 2: Future standalone projects Band Instrument Replacement **$60,000 FCR $60,000 GPS for Buses **$94,000 FCR $94,000 Calculator Replacement at Secondary levels $20,000 FCR $20,000 Reseal Tennis Courts at SHS **$10,000 FCR $10,000 Repave Tennis Courts at SHS $50,000 FCR $50,000 Grand Piano & Risers at SHS **$28,000 FCR $28,000 Lockers in PE locker rooms at ALMS **$75,000 FCR $75,000 New Basketball Goals at ALMS Main Gym **$20,000 FCR $20,000 Rider Floor Scrubbers & Building Maintenance $21,000 FCR $21,000 FCR $42,000 Scoreboard @ Carver **$15,000 FCR $15,000 Gym Projector for PE at East **$20,000 FCR $20,000 Renovate Art Room at West **$10,000 FCR $10,000 Update Car Drop Off Area at West $26,000 FCR $26,000 Tormach PCNC 100 Package for CTE Program $50,000 FCR $50,000 Haas VF-2 CNC Package $47,000 FCR $47,000 Salem City Schools 10/10/2023 Six Year Capital Improvement Plan (CIP) for FY 2025-2030 Attachment B October 2023 School Board Meeting Inflation factor 1.03 TBD=Date To Be Determined YR 1 YR 2 YR 3 YR 4 YR 5 YR 6 Total FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 TBD FY 2025-2030 Comments Salem City Schools 10/10/2023 Six Year Capital Improvement Plan (CIP) for FY 2025-2030 Attachment B Transportation Office Interior Renovations $37,500 FCR $37,500 3 Phase Replacement of Fitness Center Equipment at SHS $15,960 FCR $35,255 FCR $16,400 FCR $67,615 2 Phase Replacement of Fitness Equipment at ALMS $15,000 FCR $15,000 FCR $30,000 Walking Path Repairs at West **$50,000 FCR $50,000 GW Carver Wiring Upgrade (IT)$288,000 FCR $288,000 Phase II Field House Fitness Equipment Replacement $55,000 FCR $55,000 Locker Room Updates for Welding Department at SHS $100,000 FCR $100,000 Remodel Track Field House at SHS**$300,000 FCR $300,000 Painting at SHS in CTE & Hallways**$200,000 FCR $200,000 Pavilion above Tennis Courts at SHS**$200,000 FCR $200,000 Build new team room(s) in boys locker room at SHS**$200,000 FCR $200,000 Replace Carpet with Tile in PreK rooms and Primary Classes at Carver**$20,000 FCR $40,000 FCR $60,000 Replace playground equipment at Carver $50,000 FCR $50,000 Sidewalk extension/handicap access to bus area at West**$15,000 FCR $15,000 Blinds Replacement in classrooms at West $12,000 FCR $12,000 Gym Audio System at West $12,278 FCR $12,278 Walking path renovation & repair at West**$50,000 FCR $50,000 Scan old records at ALMS $23,327 FCR $23,327 Work Stations at FACS & Tech Ed at ALMS $34,156 FCR $34,156 Dyson Airblade V Hand Dryers at ALMS $20,000 FCR $20,000 CTE Air Conditioning & Heat at SHS**$300,000 FCR $300,000 NEW: Archway installed by Front Gate at SHS **$60,000 FCR $60,000 NEW: Brick Wall Painted in Commons at SHS **$10,000 FCR $10,000 NEW : Re-Tiling of Cafeteria Floor at ALMS **$75,000 FCR $75,000 NEW: Painting & Rehabilitation of ALMS Classrooms **$50,000 FCR $50,000 NEW: Replace Tile in Room 119 at ALMS $10,000 FCR $10,000 October 2023 School Board Meeting Inflation factor 1.03 TBD=Date To Be Determined YR 1 YR 2 YR 3 YR 4 YR 5 YR 6 Total FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 TBD FY 2025-2030 Comments Salem City Schools 10/10/2023 Six Year Capital Improvement Plan (CIP) for FY 2025-2030 Attachment B NEW: Safety Needs: 2nd AIPHONE JK-1 MD Installation at West & Gate to Enclose Garden/Outside at East **$13,000 FCR $13,000 NEW: Carpet Replacement in Classrooms at West $12,322 FCR $12,322 NEW: Painting of Classrooms & Cafeteria at West **$14,000 FCR $14,000 NEW: Transportation office vertical expansion **$85,000 FCR $85,000 NEW: Division Cat6 Incremental Installation/replacement Phase II **$51,750 FCR $51,750 NEW: Replacement of SHS Projector in Auditorium $20,000 FCR $20,000 NEW: SHS CADD/Robotics (room 2421) System Replacements **$57,500 FCR $57,500 NEW: Replacement of ALMS Business Lab Computers **$65,000 FCR $65,000 NEW: Cooling of MDF/IDF Closets Phase II $92,924 FCR $92,924 NEW: Update gas lines in Chemistry Classrooms at SHS (3)$15,000 FCR $15,000 NEW: Refurbish Track Stand & Area at SHS Track Field **$25,000 FCR $25,000 NEW: Division Replacement of Smoke & Duct Detectors Phase II $10,000 FCR $10,000 NEW: Add Blacktop & Parking at End of Field at Carver **$10,000 FCR $10,000 NEW: Replacement of Crossing Guard Shacks (3)$20,000 FCR $20,000 NEW: Replacement Timeclocks for HR/Payroll $38,388 FCR $38,388 Replace Chiller #2 at SHS Phase I $420,000 FCR $420,000 East Salem Air Handler Replacement $135,000 FCR $135,000 Replace Air Cooled Chiller at Central $70,000 FCR $70,000 Replace Gym A/C Unit at East $250,000 FCR $250,000 Replace 2 Split System units @ West Salem Gym Phase II $85,000 FCR $85,000 Replace Boilers at West Salem Phase I $120,000 FCR $120,000 Upsize AHU in Section D at ALMS $200,000 FCR $200,000 Replace Boilers at Carver $120,000 FCR $120,000 October 2023 School Board Meeting Inflation factor 1.03 TBD=Date To Be Determined YR 1 YR 2 YR 3 YR 4 YR 5 YR 6 Total FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 TBD FY 2025-2030 Comments Salem City Schools 10/10/2023 Six Year Capital Improvement Plan (CIP) for FY 2025-2030 Attachment B Replace Makeup Air units (3) at ALMS $475,000 FCR $475,000 West Salem Office Roof Top Unit $30,000 FCR $30,000 Replace Boilers at West Salem Phase II $120,000 FCR $120,000 Replace Chiller #2 at SHS Phase II $460,000 FCR $460,000 East Walk-in Freezer (evap/condenser/ compressor)$10,000 FCR $10,000 Café Fund Balance SHS Domestic Water Heater for Kitchen $20,000 FCR $20,000 Café Fund Balance SHS Walk-in Refrigerator (evap/condenser /compressor)$15,000 FCR $15,000 Café Fund Balance SHS Walk-in Freezer (evap/condenser/ compressor)$15,000 FCR $15,000 Café Fund Balance Category 3: Future Projects which might become part of a school-wide renovation None $0 Category 4: School- Wide Renovations TBD None $0 Category 5: Partial School Renovations NEW: Facility Planning Study $60,000 FCR $60,000 West Salem Elementary School Improvements $3,873,421 BD $3,873,421 (1) East Salem Elementary School Improvements $2,783,591 BD $2,783,591 (1) G W Carver Elementary School Improvements $0 BD $0 AIIMS Phase II Bldg Improvements $1,635,000 BD $1,635,000 (1) Totals $3,217,276 $3,238,207 $6,555,531 $2,254,031 $4,329,320 $1,454,152 $1,635,000 $22,683,517 Cross footing $22,683,517 Notes: All items in BOLD ITALICS have been inflation adjusted based on School Board guidance in prior years (by 3%) ** = Formal quotes needed; internal estimates used for illustration/planning purposes Legend:FCR=Future Capital Reserve BD = Bond Issues by City CR=Capital Reserve (1) Amounts for West and East are from a 2021 Assessment completed by RRMM. A 6% inflation factor was added to that amount to allow for an increase to today's cost. Amount for AIIMS is from a Summer 2023 estimate by RRMM. Attachment C Total FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2023-2028 West Salem Replacement of Fan Coil Units 1,139,000.00$ 1,139,000.00$ Funded mostly with CSLFRF Ventilation Improvement Grant GW Carver Walk-in Refrigerator (evap/condenser/compressor)10,000.00$ 10,000.00$ ALMS Domestic Water Heater Replacement (3) serves kitchen-locker rooms 100,000.00$ 100,000.00$ ALMS HVAC Control Updates 80,000.00$ 80,000.00$ Central HVAC Controls upgrade 35,000.00$ 35,000.00$ ALMS Replace makeup air (HEAT RECOVERY) for Makeup air #4 (Not Working)100,000.00$ 100,000.00$ Roof Work 830,159.00$ 830,159.00$ Upcoming Ranking 1 West Salem Replace Boilers 1 of 2 100,000.00$ 100,000.00$ 2 Roof Work 368,000.00$ 368,000.00$ 3 ALMS Replace Cooling Tower 80,000.00$ 80,000.00$ 4 West Salem Gym (replace 2 split system units)150,000.00$ 85,000.00$ 235,000.00$ 5 SHS Art Room HVAC Controls Replacement/Update 10,000.00$ 10,000.00$ 6 SHS Replace Chiller #2 (1996 York) 1 of 2 420,000.00$ 420,000.00$ 7 West Salem Office Roof top unit 30,000.00$ 30,000.00$ 8 SHS Domestic Water Heater for kitchen 20,000.00$ 20,000.00$ 9 SHS Walk in Refrigerator (evap/condenser/compressor)15,000.00$ 15,000.00$ 10 SHS Walk in Freezer (evap/condenser/compressor)15,000.00$ 15,000.00$ 11 East Salem HVAC Work Replace Gym A/C Unit 250,000.00$ 250,000.00$ 12 ALMS Replace makeup air units (there are four in total, three more to replace)475,000.00$ 475,000.00$ 13 East Salem Air Handler Replacement in multipurpose room (cafeteria)135,000.00$ 135,000.00$ 14 ALMS Upsize AHU in section D that will not adequately cool the space (design/ replace) RTU-3 200,000.00$ 200,000.00$ 15 GWC Replace 2 of 2 Boilers 120,000.00$ 120,000.00$ 16 Central Replace Air Cooled Chillers at School Board (97 & 91 models) 2 of 2 70,000.00$ 70,000.00$ 17 East Salem Walk-in Freezer (evap/condenser/compressor)10,000.00$ 10,000.00$ 18 West Salem Replace Boilers 2 of 2 120,000.00$ 120,000.00$ 19 SHS Replace Chiller #1 (1996 York) 2 of 2 460,000.00$ 460,000.00$ Totals 2,294,159.00$ 708,000.00$ 555,000.00$ 890,000.00$ 390,000.00$ 590,000.00$ 7,024,667.00$ 7,024,667.00$ Roofing Project Name Total FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2023-2026 see above -$ see above -$ 1,318,389.00$ 1,318,389.00$ 978,875.00$ 978,875.00$ 605,000.00$ 605,000.00$ 400,000.00$ 400,000.00$ 3,302,264.00$ Totals -$ -$ 1,318,389.00$ 978,875.00$ 605,000.00$ 400,000.00$ 3,302,264.00$ HVAC Funded/In Process Locations to be determined per recommendation from City & Facility Study Item #6H Date: 11/13/2023 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: November 13, 2023 AGENDA ITEM: Request to Appropriate Water Fund Net Position SUBMITTED BY: Rosemarie B. Jordan, Director of Finance SUMMARY OF INFORMATION: In fiscal year 2023, $1,020,000 was budgeted but not spent for infrastructure improvements. These funds were designated for the replacement of existing waterlines. Engineering was not completed prior to June 30, 2023, and therefore, we were not able to move forward with construction. Engineering is now complete and we desire to move forward with construction, using the funds that were allocated last fiscal year. FISCAL IMPACT: Re-appropriating net position will allow work to proceed on infrastructure improvements. STAFF RECOMMENDATION: Staff recommends re-appropriating $1,020,000 from Water Fund net position and increasing the budget in the Infrastructure Improvements account, 51-051-0022-58014. Budget Entry Date GL Account Account Name Increase/ (Decrease)Description 11/13/2023 51‐051‐0020‐44596 Appropriated from Net Position 1,020,000 Appropriate net position per 11/13/23 council action 11/13/2023 51‐051‐0022‐58014 Infrastructure Improvements 1,020,000 Appropriate net position per 11/13/23 council action Item # 6I Date: 11/13/2023 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: November 13, 2023 AGENDA ITEM: Consider approval of a contract agreement to purchase 1243 West Riverside Drive, authorize the Interim City Manager to finalize and execute necessary documents, and authorize staff to appropriate an amount not to exceed $151,000 for the purchase price, closing costs, and demolition of the existing structure and stabilization of the site. SUBMITTED BY: H. Robert Light, Interim City Manager SUMMARY OF INFORMATION: This property is one of the last parcels for which the City needs to address crossing for eventual completion of the West Roanoke River greenway project. The property is in the floodway and the existing home is in disrepair. A purchase agreement has been executed contingent on approval by City Council. The purchase price for the property is $119,000. The seller is obligated to close within 180 days of the purchase agreement. FISCAL IMPACT: The acquisition cost is $119,000. Closing costs are estimated at $7,000. Demolition of the existing home and site stabilization is estimated at $25,000. Thus, the total budget is $151,000. Should Council be amenable to purchasing the property, staff also requests that Council appropriate an amount not to exceed $151,000 from the General Fund unrestricted fund balance. Staff is also pursuing potential grant opportunities that may be available to subsidize a portion of the overall expense. STAFF RECOMMENDATION: Staff recommends Council approve the purchase agreement, authorize the Interim City Manager to finalize and execute necessary documents, and appropriate an amount not to exceed $151,000 for acquisition, closing costs, and demolition/site stabilization. ROANOKE VALLEY ASSOCIATION OF REALTORS® Purchase Agreement A Legal and Binding Agreement (This is a suggested form for use in the purchase of residential property only. If not understood, seek competent advice before signing.) (Paragraphs marked with an asterisk * require a blank to be filled in or checked.) This CONTRACT OF PURCHASE MADE AS OF , between (the "Seller", whether one or more), and (the "Purchaser", whether one or more), provides: *1. REAL PROPERTY:Purchaser agrees to buy and Seller agrees to sell the land, all improvements thereon located in the (check as applicable) ( ) County or ( ) City of , Virginia and described as (legal description): Lot , Block , Section , Phase , Map of or other description and more commonly known as: together with the items of personal property described in paragraph 10 (the "Property"). AGENCY DISCLOSURE AND CONFIRMATION The following agency relationships are hereby confirmed by signatures below. If a transaction involves Disclosed Dual Agency or Disclosed Desig- nated Agency, the responsibilities of the parties are defined in the Disclosed Dual Agency Consent and Confirmation Agreement or the Designated Agency Consent and Confirmation Agreement which appropriate Agreement has been reviewed and signed prior to signing the Purchase Agreement. Listing Agent: is the agent of (check one) the Seller both the Purchaser and Seller Listing Firm: Principal and/or Supervising Broker is the agent of (check one) the Seller both the Seller and the Purchaser Selling Agent: is the agent of (check one) the Purchaser the Seller both the Purchaser and Seller Selling Firm: Principal and/or Supervising Broker is the agent of (check one) the Purchaser the Seller both the Purchaser and the Seller REALTORS® ARE REQUIRED BY LAW AND THEIR CODE OF ETHICS TO TREAT ALL PARTIES TO THE TRANSACTION HONESTLY. SELLER Date PURCHASER Date SELLER Date PURCHASER Date 2. ADDENDA/DISCLOSURES:The following Addenda are made a part of this Contract and the following disclosures are provided, if applicable: ( ) Standard Clauses Addendum ( ) Lake Addendum ( ) Dual Agency Consent and Confirmation Addendum ( ) Designated Agency Consent and Confirmation Addendum ( ) ( ) ( ) Residential Property Disclosure ( ) Lead-Based Paint Disclosure ( ) Lake Disclosure ( ) ( ) ( ) RVAR PA Rev. 8/2023 Page 1 of 8 Phone: Fax: Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com October 31 2023 William Edward Lemon City of Salem, Virginia, a municipal corporation X Salem 0 0 0 NA Bellevue TAX ID 165-3-3 1243 W Riverside Dr, Salem, VA 24153 Travis Hill X The Real Estate Group X Bryon Roth X Waldvogel Commercial Properties, Inc X William Edward Lemon City of Salem, Virginia, a municipal corporation X X WALDVOGEL COMMERCIAL PROPERTIES, 800 Professional Arts Bldg, 30 Franklin RD, SW Roanoke VA 24011 5403399596 (540)342-8090 1243 W Riverside Bryon Roth DocuSign Envelope ID: CF053166-BCFD-49F0-BF2A-5D85023FAFBA 11/3/2023 DigiSign Verified - 853173b5-b3ed-4eac-906b-d5319a545b63 11/04/2023DonnaLemon *3. OCCUPANCY DISCLOSURE:Purchaser acknowledges that he intends to ( ) occupy ( ) not occupy the property as a principal residence. *4. RESIDENTIAL PROPERTY DISCLOSURE:Seller represents that the Property ( ) is OR ( ) is not subject to the Virginia Residential Property Disclosure Act, Section 55.1-700 et. seq. of the Code of Virginia (the "Disclosure Act"), which requires the Seller of certain residential property to furnish the Purchaser a residential property disclosure statement in a form provided by the Real Estate Board ("the Disclosure Statement.") The Disclosure Act requires the Seller to deliver the Disclosure Statement to the Purchaser prior to acceptance of this Contract. If the Disclosure Statement is not furnished prior to the acceptance of this Contract, Purchaser shall have the right to terminate the Contract at or prior to the earliest of (a) three (3) days after delivery of the Disclosure Statement in person, or (b) five days after the postmark if the Disclosure Statement is deposited in the United States mail, postage prepaid, and properly addressed to the Purchaser, or (c) settlement upon purchase of the Property, or (d) occupancy of the Property by the Purchaser, or (e) the execution by Purchaser of waiver of the Purchaser's right of termination contained in a written document separate from this Contract, or (f) the Purchaser making written application to a lender for a mortgage loan where such application contains a disclosure that the right of termination shall end upon the application for the mortgage loan. In order to terminate this Contract, the Purchaser must give written notice to the Seller by one of the following methods: (i) hand delivery; (ii) United States mail, postage prepaid provided the sender retains sufficient proof of mailing; (iii) electronic means provided the sender retains sufficient proof of the electronic delivery; or (iv) overnight delivery using a commercial service or the United States Postal Service. Upon termination by Purchaser, the Deposit shall be refunded in full to the Purchaser, in accordance with procedures defined in paragraph 11(a). *5.COMMON INTEREST COMMUNITY DISCLOSURE:Seller represents that the Property (select one): ( ) is OR ( ) is not located in a Common Interest Community (“CIC”) pursuant to Section 55.1-2307 et seq. of the Code of Virginia. Seller further represents that ownership of the Property within the CIC is: Subject to the Property Owners' Association Act (Section 55.1-1800 et seq.) A condominium created pursuant to the Virginia Condominium Act (Section 55.10-1900 et seq.) Exempt pursuant to Section 55.1-2317 If the Property is within a CIC, Seller will obtain from the association a resale certificate or notice that the resale certificate is unavailable and provide it to the Purchaser. Purchaser may cancel within three days, or up to seven days if extended by the ratified real estate contract, after the ratification date of the contract if Purchaser receives the resale certificate, whether or not complete pursuant to Section 55.1-2310 et seq., or a notice that the resale certificate is unavailable on or before the date that the contract is ratified; within three days, or up to seven days if extended by the ratified real estate contract, from the date the Purchaser receives the resale certificate, whether or not complete pursuant to Section 55.1-2310 et seq., or a notice that the resale certificate is unavailable if delivery occurs after the contract is ratified; or at any time prior to settlement if the resale certificate is not delivered to Purchaser. If the unit is governed by more than one association, the timeframe for Purchaser's right of cancellation shall run from the date of delivery of the last resale certificate. Cancellation shall be without penalty, and Seller shall cause any deposit or escrowed funds to be returned promptly to Purchaser. Written notice of cancellation shall be delivered within days (between 3 and 7; if blank, 3): (A) after the ratification date of the contract if the Purchaser receives the resale certificate, whether or not complete pursuant to Section 55.1-2310 et seq., or a notice that the resale certificate is unavailable on or before the date that the contract is ratified: OR (B)from the date the Purchaser receives the resale certificate, whether or not complete pursuant to Section 55.1-2310 et seq., or a notice that the resale certificate is unavailable if delivery occurs after the contract is ratified; OR (C) at any time prior to settlement if the resale certificate is not delivered to the Purchaser. If a resale certificate was issued more than 30 days but less than 12 months before settlement, Seller or Purchaser, upon proof of being the contract purchaser of the unit, may request an updated resale certificate. The updated resale certificate shall be paid for by and delivered to the person requesting it, or as such person may direct, in the format requested. The updated resale certificate shall be delivered within 10 days after the written request. A request for an updated resale certificate does not extend the cancellation periods set forth above. Purchaser's right to receive the resale certificate and the right to cancel the contract are waived conclusively if not exercised before settlement. *6. LEAD-BASED PAINT DISCLOSURE:All parties to this Contract acknowledge that the property was built ( ) before January 1, 1978 or ( ) after January 1, 1978. For all homes built prior to January 1, 1978, a Lead-Based Paint Disclosure is required. 7. MECHANIC'S LIEN DISCLOSURE: (a) Virginia law (§ 43-1 et seq.) permits persons performing labor or furnishing materials of the value of $50 or more, including the reasonable rental or use value of equipment, for site development improvements and/or for the construction, removal, repair or improvement of any building or structure permanently annexed to the property shall have a lien, if perfected, against the property. This lien may be filed at any time after the work is commenced or material furnished, but not later than 90 days from the last day of the month in which the lienor last performs labor or furnishes materials, and in no event later than 90 days from the time such building or structure is completed or the work thereon is otherwise terminated.AN ENFORCEABLE LIEN FOR WORK PERFORMED OR MATERIALS PROVIDED PRIOR TO THE DATE OF SETTLEMENT MAY BE FILED AFTER SETTLEMENT. LEGAL COUNSEL SHOULD BE CONSULTED. (b) Seller shall deliver to Purchaser at settlement an affidavit, on a form acceptable to Purchaser's lender, if applicable, signed by Seller that no labor or materials have been furnished to the Property within the statutory period for the filing of mechanics' or materialmen's liens against the Property. If labor or materials have been furnished during the statutory period, Seller shall deliver to Purchaser an affidavit signed by Seller and the person(s) furnishing the labor or materials that the costs thereof have been paid. 8. FAIR HOUSING DISCLOSURE:All offers will be presented and considered without regard to race, color, religion, sex, disability, familial status, elderliness, national origin, sexual orientation, gender identity, status as a veteran or source of funds as well as all classes protected by the laws of the United States, the Commonwealth of Virginia, applicable local jurisdiction and the REALTOR® Code of Ethics. 9. MEGAN'S LAW DISCLOSURE:Purchaser should exercise whatever due diligence Purchaser deems necessary with respect to information on any sexual offenders registered under Chapter 23 (19.2-387 et seq.) of Title 19.2. Such information may be obtained by contacting your local police department or the De- partment of State Police, Central Criminal Records Exchange, at 804-674-2000 or www.vsp.state.va.us. 10.FIXTURES / PERSONAL PROPERTY INCLUDED: Fixtures are included with the sale of the above real estate (if located within said Property at time of signing this agreement, unless otherwise noted) including built-in kitchen appliances, shades, blinds, curtain and drapery rods, screens and screen doors, storm windows and doors, light fixtures, wall to wall carpeting, laundry tubs, attic fan, smoke, heat and carbon monoxide alarms, awning, electrical wiring connections for appliances, ceiling fan(s), garage door opener(s), smart home devices, all shrubbery and plantings on the Property and all other items attached to the real estate and being a part RVAR PA Rev. 8/2023 Page 2 of 8 Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com X X X NA X 1243 W Riverside DocuSign Envelope ID: CF053166-BCFD-49F0-BF2A-5D85023FAFBADigiSign Verified - 853173b5-b3ed-4eac-906b-d5319a545b63 thereof. Personal property as indicated below will be conveyed as a convenience to both parties and adds no additional value to the transaction. *11. PURCHASE PRICE:The Purchase Price of the Property is Dollars ($ ), which will be paid to Seller at settlement, subject to the prorations described herein and/or from the following sources: (A) DEPOSIT:Purchaser will make a deposit in the amount of Dollars ($ ) ●to be held by (the "Escrow Agent") ●to in the form of:( ) check; OR ( ) other (the "Deposit"). ●to Purchaser (select one)( )has paid the Deposit to the Escrow Agent OR ( )will deliver the Deposit to the Escrow Agent within five (5)Business Days after the date this Contract is fully executed by the parties. If Purchaser fails to deliver the Deposit as set forth herein, then Purchaser will be in breach of this Contract. At Seller's option and in lieu of all other remedies set forth in this Contract, Seller may terminate this Contract by written notice to Purchaser and neither party will have any further obligation hereunder. If the Escrow Agent is a Virginia Real Estate Board ("VREB") licensee, the parties direct the Escrow Agent to place the Deposit in an escrow account by the end of the fifth business banking day following the latter of: (i) the date this Contract is fully executed by the parties, or (ii) the receipt of Deposit. If the Escrow Agent is not a VREB licensee, the parties direct the Escrow Agent to place the Deposit in an escrow ac- count in conformance with applicable Federal or Virginia law and regulations. The Deposit may be held in an interest bearing account and the parties waive any claim to interest resulting from such Deposit. The Deposit will not be released by the Escrow Agent until one of the following occurs: (i) it is credited toward the Purchase Price at Settlement; (ii) Seller and Purchaser have agreed in writing as to its disposition; (iii) a court of competent jurisdiction orders a disbursement of the funds; or (iv) disbursed in such manner as authorized by the terms of this Contract or by Virginia law or regulations. If the Property is foreclosed upon while this Contract is pending, the terms of Section 54.1-2108.1 of the Code of Virginia will apply to the disbursement of the Deposit. Foreclosure will be considered a termination of this Contract by Seller and absent any default by Purchaser, the Deposit will be disbursed to the Purchaser. (B) LENDER'S FIRST TRUST:This sale is subject to Purchaser obtaining: ( ) CONVENTIONAL, ( ) FHA, ( ) VA, ( ) Virginia Housing, or ( ) other (describe) loan secured by a first deed of trust lien on the Property in the principal amount of $ , amortized over a term of years, bearing interest: ( ) at a fixed rate not exceeding % per year and requiring not more than a total of loan discount points, excluding a loan origination fee ( )at an adjustable rate with an initial rate not exceeding %per year and a maximum rate during the term of the loan not exceeding % per year and requiring not more than a total of loan discount points, excluding a loan origination fee. ( ) at the prevailing rate of interest at the time of settlement. (C) THIRD PARTY SECOND TRUST:This sale is subject to Purchaser obtaining a loan secured by a second deed of trust lien on the Property in the principal amount of $ , amortized over a term of year, bearing interest: ( ) at a fixed rate not exceeding % per year and requiring not more than a total of loan discount points, excluding a loan origination fee ( )at an adjustable rate with an initial rate not exceeding %per year and a maximum rate during the term of the loan not exceeding % per year and requiring not more than a total of loan discount points, excluding a loan origination fee. (D) OTHER DEPOSIT/FINANCING TERMS: (E) BALANCE OF THE PURCHASE PRICE:To be paid by Purchaser in cash, cashier's check, certified check or wire transfer funds at settlement. *12. CASH CONTRACT:If this is a cash contract not subject to any financing, then Purchaser shall give Seller written verification from his bank or other sources within Business Days from the date this Contract is executed by Purchaser and Seller that the Purchaser has the assets or ability to have the balance of the Purchase Price on or before the closing date of this Contract. Failure to have written verification from bank or other sources to Seller within the stated time period will give the Seller the right to terminate this Contract upon written notice to Purchaser and thereupon Purchaser's Deposit will be refunded in full, in accordance with procedures defined in paragraph 11A. After the bank or other sources provide written verification, if the Purchaser fails to close for any reason other than the Seller's default or a condition of this Contract, the Purchaser will be in default. *13. LOAN APPLICATION:Purchaser will make written application for any loan to which this Contract is subject within Business Days, as defined in Standard Provision 28 G (e), after full execution of this Contract and will make every effort to secure the loan and will accept the loan once approved. If Purchaser fails to make written application within the time specified, Seller at its option will have the right to terminate the Contract upon written notice to Purchaser. If the Purchaser makes timely application and, having made every effort, fails to obtain approval on or before (date), Purchaser will not be deemed in default, but Seller will nevertheless have the right to terminate the Contract upon written notice to Purchaser; in that event, Purchaser will be entitled to refund of the Deposit. Absent such notice from Seller, the time for loan approval will be automatically extended until Seller notifies Purchaser of termination. In this paragraph the word “approval” with respect to the loan means the written commitment of the lender to make the loan without the fulfillment of conditions dependent upon the actions of third parties, such as the sale or settlement or lease of other real estate or increase in salary unless otherwise agreed to in writing by all parties. If Purchaser makes every effort to obtain the loan, but fails and this Contract is terminated, Purchaser will be entitled to return of the RVAR PA Rev. 8/2023 Page 3 of 8 Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com None; no personal property to convey. One Hundred Nineteen Thousand 119,000.00 Two Thousand, Five Hundred 2,500.00 Waldvogel Commercial Properties, Inc. X X NA NA None; cash contract N/A N/A 1243 W Riverside DocuSign Envelope ID: CF053166-BCFD-49F0-BF2A-5D85023FAFBADigiSign Verified - 853173b5-b3ed-4eac-906b-d5319a545b63 Deposit, in accordance with procedures defined in paragraph 11A. The Purchaser grants permission for the Selling Agent and the lender to disclose to the Seller's Agent general information available about the progress of the loan application and loan approval process. In the event the lender requires repairs as condition for loan approval, the Purchaser will provide the Seller or Seller's Agent a copy of the repairs required by the lender as a condition for loan approval as soon as the list of repairs is available from the lender. Seller will notify Purchaser in writing within five (5)Business Days after receiving the written list of repairs whether: (a) Seller will make the repairs as a condition for loan approval. All repairs made on behalf of the Seller will be completed prior to closing and will be performed by a Virginia licensed contractor unless otherwise agreed in writing by all parties, or (b) if Seller is unwilling to correct the problems, the Purchaser will have five (5)Business Days within which to notify Seller in writing if (1) Purchaser elects to make the repairs as condition of loan approval. All repairs made on behalf of Purchaser will be completed prior to closing and will be performed by a Virginia licensed contractor unless otherwise agreed in writing by all parties. Or (2) Purchaser elects to terminate this contract and receive a refund of the Deposit, in accordance with procedures defined in paragraph 11A. In the event Purchaser does not respond in writing within the specified time period, Seller will have the right to terminate the Contract upon notice to Purchaser, and Purchaser will be entitled to return of the Deposit in accordance with procedures defined in paragraph 11A. The Purchaser will be in default if settlement does not occur because the Purchaser: (a) Fails to apply for any loan on the same terms set forth in this Contract; or (b) Fails to lock-in the interest rate(s) and the rate(s) increase so that the Purchaser no longer qualifies for such financing; or (c) Fails to comply with lender's requirements in a timely manner; or (d) Does not have the funds to settle as provided in this Contract at the time of settlement; or (e) Fails to notify lender, Seller or Listing Firm promptly of any material adverse change in Purchaser's financial situation that affects Purchaser's ability to obtain the financing; or (f) Does any act or fails to do any act following the date of full execution of this Contract that prevents the Purchaser from obtaining the financing; or (g) Makes any knowingly false representations, material omission or other inaccurate submission or statement that result in Purchaser's inability to secure the financing. *14. INSPECTIONS AND RESOLUTION OF INSPECTION ISSUES: A. Inspections:Purchaser's obligations under this Contract ( ) are OR ( ) are not contingent on Purchaser obtaining one or more inspections of the Property, which may include, but is not limited to, inspections for, or of, the following: foundations, roofs, flooring, HVAC and electrical systems, plumbing, appliances, exterior insulation, drainage, structural issues, well, septic, wood-destroying organisms, environmental, radon or appurtenant residential (non-commercial) dock(s). All such inspections will be conducted at Purchaser's sole cost and expense unless otherwise required by lender and will be conducted by engineers, inspectors and/or contractors any of whom will be licensed in Virginia (as required by the Commonwealth of Virginia). All inspections will be completed not later than Business Days after full ratification of this Contract (the “Inspection Deadline”). If Purchaser's inspection(s) reveal the need for additional inspections as recom- mended by the engineer, inspector or contractor, Purchaser will notify Seller in writing prior to the Inspection Deadline and the Inspection Deadline will be extended no more than seven (7)Business Days to conduct such additional inspections. If Purchaser fails either to conduct the inspections in the time specified or to provide the materials as set out in Paragraph 14B below by the Inspection Deadline or as it may have been extended, the right to conduct such additional inspections will be deemed waived by Purchaser.Purchaser will be liable for any damage caused as a result of the actions of Purchaser or its engineers, inspectors or contractors on the Property in connection with Paragraph 14A. Such obligation will survive earlier termination of this Contract as to any damage on the Property.The reports for the inspections will be collectively referred to as the “Inspection Reports” and each individually as an “Inspection Report.” Any septic inspection will be conducted by a licensed or accredited septic inspector, onsite sewage system operator, onsite sewage system installer, or onsite soil evaluator (“Septic Inspector”) at Purchaser's sole expense within the Inspection Deadline. A septic inspection may include, but is not limited to, visual inspection of drainfield surface and/or visual inspection of septic tank which may include pumping of contents. Purchaser will give Seller advance notice of inspection. The Seller will remove any landscaping, personal property, or improvement that impedes the septic inspection. Seller's delay in removing any such impediments and providing access to the septic system will result in an automatic extension of the Inspection Deadline for the purpose of conducting the septic inspection, for a time equaling the time of Seller's delay in complying and giving Purchaser notice of such compliance. Seller will allow Purchaser, Purchaser's engineers, inspectors and contractors, Selling Firm and representatives of Purchaser's lenders reasonable access to the Property to conduct inspections as appropriate and in compliance with this Contract. Seller will have all utilities, systems and appliances that convey in service at the time of all inspections conducted pursuant to this Contract. Seller's delay in complying with the provisions of Paragraph 14A will result in automatic extension, for a time equaling the time of Seller's delay in complying and giving Purchaser notice of such compliance, for Purchaser to complete any inspection. B. Resolution of Inspection Issues:Not later than the end of the Inspection Deadline or as it may have been extended, Purchaser will deliver to Seller, Listing Agent and Selling Agent a complete copy of each Inspection Report dealing with a requested repair, together with a repair addendum to the Contract setting forth Purchaser's requested repairs (“Repair Addendum”). Purchaser acknowledges the Repair Addendum shall not include cosmetic items or matters of preference; grandfathered features or systems that are properly functioning, but which would not comply with current building codes if installed or constructed today; and features or systems that are properly functioning but near, at or beyond their normal useful life. If Purchaser makes timely delivery of the Repair Addendum and copies of all required Inspection Reports, then the parties will have Business Days (if blank, 3) after Purchaser's delivery to negotiate a mutually agreeable Repair Addendum (“Negotiation Period”). During negotiations of such Repair Addendum, the parties may make, alter, extend or withdraw offers and counter- offers as they each believe appropriate in an effort to reach agreement. Rejection by one party of an offer by another will not of itself terminate the negotiation process. The parties will continue the process of negotiation until either the parties mutually agree on and execute the Repair Addendum setting out the agreed resolution, or the parties cannot agree on the Repair Addendum. If no agreement is reached by the end of the Negotiation Period, Purchaser will have two (2) Business Days thereafter to terminate this Contract. Failure of Purchaser to terminate within such time will constitute Purchaser's acceptance of the Property and the contingencies related to inspections will be deemed satisfied, waived and removed, and this Contract will remain in full force and effect. In the event this Contract is terminated, the parties will enter into a mutual release, and the Deposit will be refunded in full to Purchaser in accordance with the provisions of Paragraph 11A above. RVAR PA Rev. 8/2023 Page 4 of 8 Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com X N/A 1243 W Riverside DocuSign Envelope ID: CF053166-BCFD-49F0-BF2A-5D85023FAFBADigiSign Verified - 853173b5-b3ed-4eac-906b-d5319a545b63 C. Purchaser Option:This Paragraph (select one): ( ) is OR ( ) is not applicable. If no box is checked, this Paragraph is not applicable. If this Paragraph is applicable and Purchaser is dissatisfied with their inspection results of the Property, then in lieu of submitting a Repair Addendum to Seller, Purchaser may instead terminate this Contract by written notice to Seller prior to the Inspection Deadline or as it may have been extended, including written evidence of inspection(s) performed: provided, however, if Purchaser submits a Repair Addendum to Seller, then Purchaser waives their right to terminate this Contract pursuant to this Paragraph, and agrees to proceed with the negotiation of the Repair Addendum as set forth above. If Purchaser terminates this Contract in accordance with this Paragraph, the Deposit will be refunded in full to Purchaser in accordance with the provisions of Paragraph 11A above. Upon request by Seller, Purchaser will provide entire copies of any Inspection Reports. D.If Purchaser fails to make timely delivery of Repair Addendum or termination prior to the Inspection Deadline or as it may have been extended, then the contingencies related to inspections will be deemed satisfied, waived and removed, and this Contract will remain in full force and effect. *15. INFLOW AND INFILTRATION INSPECTION:Purchaser's obligations under this Contract ( ) are OR ( ) are not contingent on Purchaser receiving an Inflow and Infiltration Inspection provided by the Western Virginia Water Authority (“Authority”). Seller will request an Inflow and Infiltration Inspection by the Authority, not later than Business Days after ratification of this Contract, to determine if any storm/ground water runoff infiltrates the Authority's sanitary sewer system (“Report”). Seller will deliver the Report to Purchaser within three (3)Business Days of receipt of the Report. If the Report shows such infiltration into the Authority's sewer system, Seller will remedy such situation at Seller's expense. If Seller refuses to remedy such situation, Purchaser will have two (2) Business Days thereafter to terminate this Contract. Failure of Purchaser to terminate within such time will constitute Purchaser's acceptance of the Property in its condition as to the infiltration in question. 16. PREOCCUPANCY OR PRESETTLEMENT VERIFICATION: (A)If Purchaser's obligations under this Contract are contingent on professional inspection(s) as set out in Paragraph 14, then Purchaser shall be entitled to receive the Property at settlement or occupancy, whichever occurs first, in such condition as determined by such inspection(s) and any negotiation and agreements relating to it. Purchaser and Selling Agent and original Inspector(s) will have the right to conduct a preoccupancy or presettlement verification that the condition of the Property conforms to this Contract and that any agreed upon repairs have been completed. Purchaser will not be entitled to require Seller to correct defects discov- ered at a preoccupancy or presettlement verification but existing as of the time of a prior inspection of the Property if those defects were not reported to Seller in connection with such prior inspection or Seller has not agreed to remedy such defects. (B)If Purchaser's obligations under this Contract are not contingent on any one or more of the inspections set out in Paragraphs 14 and 15, then Seller will deliver any and all items contemplated in Paragraphs 14 and 15 at settlement in their condition as of the date of ratification of this Contract, ordinary wear and tear excepted. Purchaser and Selling Agent will have the right to conduct a preoccupancy or presettlement verification that the condition of the Property conforms to this Contract. (C) In the event the preoccupancy or presettlement verification reveals material damage or changes necessitating repairs have occurred to the Property after the date of this Contract or any prior inspection, as applicable, Seller's obligations and Purchaser's options are subject to the Seller Obligation Limit set forth in Paragraph 17 of this Contract. (D)Seller will allow Purchaser, Purchaser's original engineers, inspectors and contractors, Selling Firm and representatives of Purchaser's lenders reasonable access to the Property to conduct preoccupancy or presettlement verification in accordance with Paragraphs 16A and 16B. Seller will have all utilities, systems and appliances that convey in service at the time of all inspections and/or preoccupancy or presettlement verification to be conducted pursuant to this Contract, including those provided for in any separate provision or addendum dealing with inspections of the Property. Seller agrees to deliver the Property in broom-clean condition and to exercise reasonable and ordinary care in the maintenance and upkeep of the Property between the date of this Contract and the earlier of Purchaser's occupancy or settlement. Seller's delay in complying with the provisions of this subparagraph D may result in a delayed settlement. (E) Unless otherwise agreed in writing by all parties, all repairs made pursuant to the provisions of Paragraphs 14, 15 and 16 will be performed by a pest control company and/or certified radon mitigator and/or contractor who will be licensed in their discipline by the Commonwealth of Virginia. Written evidence will be provided to the Purchaser upon completion of work.If Seller fails to deliver the Property in the condition required by Paragraph 16, or if the preoccupancy or presettlement verification reveals material damage or changes necessitating repairs occurring after any prior inspection of the Property or date of Contract, as applicable, and Seller refuses to make the appropriate repairs, Purchaser will have the right to terminate this Contract and receive a refund of the Deposit in accordance with procedures defined in Paragraph 11A, or to waive the repairs and proceed to settlement with no adjustment to the Purchase Price. *17. SELLER'S AND PURCHASER'S OPTIONS:In the event that the cost of fulfilling Seller's obligations, as set forth in Paragraph 16C (Preoccupancy or Presettlement Verification)and Paragraph 28 (D) (Title)of this Contract exceeds $ in the aggregate (the “Seller Obligation Limit”), Seller will have the option to (a) fulfill Seller's obligations fully at Seller's expense or (b) pay or credit the Seller Obligation Limit to Purchaser if lender allows (or contractor of Purchaser's choice) and refuse to pay any excess over that amount. If Seller elects (b), Purchaser will have the option to (x) accept the Property in its present condition in which case Seller will pay the Seller Obligation Limit to Purchaser if lender allows (or contractor of Purchaser's choice) at settlement or (y) terminate this Contract and receive a refund of the Deposit, in accordance with procedures defined in Paragraph 11A.If no amount is entered in the space in this paragraph, the parties agree that the Seller Obligation Limit will be equal to $1000. 18.DEFAULT:If either Seller or Purchaser defaults under this Contract, the defaulting party, in addition to all other remedies available at law or in equity, will be liable for the brokerage fee set forth in Paragraph 22 as if this Contract had been performed and for any damages and all expenses incurred by the non-defaulting party, the Listing Firm and the Selling Firm in connection with this transaction and the enforcement of any provisions of this Contract, including, without limitation, reasonable attorneys' fees and costs, if any. Payment of a brokerage fee as the result of a transaction relating to the Property which occurs subsequent to a default under this Contract will not relieve the defaulting party of liability for any other fees due in connection with this transaction. The parties specifically intend this provision to be for the benefit of the Listing Firm and Selling Firm and to create a right of recovery in favor of both for breach of the provisions hereof. Purchaser further agrees, should Purchaser be the defaulting party, in addition to standard Contract remedies and damages, to be responsible for all reasonable expenses incurred by Seller in preserving the Property and attempting to resell it, including but not limited to interest paid on loans in existence on the Property at the time of breach to the time of resale, loss of use equity and the difference between the net sales proceeds of this Contract and the final net sales proceeds of the resale. RVAR PA Rev. 8/2023 Page 5 of 8 Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com X X N/A 1243 W Riverside DocuSign Envelope ID: CF053166-BCFD-49F0-BF2A-5D85023FAFBADigiSign Verified - 853173b5-b3ed-4eac-906b-d5319a545b63 19.CHOICE OF SETTLEMENT AGENT: Chapter 10 (§55.1-100 et seq.) of Title 55.1 of the Code of Virginia provides that the purchaser or borrower has the right to select the settlement agent to handle the closing of this transaction. The settlement agent's role in closing this transaction involves the coordination of numerous administrative and clerical functions relating to the collection of documents and the collection and disbursement of funds required to carry out the terms of the contract between the parties. If part of the purchase price is financed, the lender for the purchaser will instruct the settlement agent as to the signing and recording of loan documents and the disbursement of loan proceeds. No settlement agent can provide legal advice to any party to the trans- action except a settlement agent who is engaged in the private practice of law in Virginia and who has been retained or engaged by a party to the transaction for the purpose of providing legal services to that party. Variation by agreement: The provisions of Chapter 10 (§55.1-1000 et seq.) of Title 55.1 of the Code of Virginia may not be varied by agreement, and rights conferred by this chapter may not be waived. The seller may not require the use of a particular settlement agent as a condition of the sale of the property. Escrow, closing and settlement service guidelines: The Virginia State Bar issues guidelines to help settlement agents avoid and prevent the unauthorized practice of law in connection with furnishing escrow, settlement or closing services. As a party to a real estate transaction, the purchaser or borrower is entitled to receive a copy of these guidelines from his settlement agent, upon request, in accordance with the provisions of Chapter 10 (§55.1-1000 et seq.) of Title 55.1 of the Code of Virginia. 20.TITLE INSURANCE DISCLOSURE:Purchaser may, at Purchaser's expense, purchase owner's title insurance to protect Purchaser's ownership interest in the Property. Virginia law (Va. Code §55.1-903) requires Purchaser's settlement agent to provide Purchaser notification of the availability of owner's title insur- ance, including mechanic's lien coverage, and of the general nature of such coverage, including whether the value of subsequent improvements is covered, and to obtain a written statement from Purchaser acknowledging the foregoing and whether Purchaser elects to obtain owner's title insurance. Purchaser may purchase either "standard" or "enhanced" owner's coverage. For purpose of owner's policy premium rate disclosure by Purchaser's lender, if any, Purchaser requests that enhanced owner's title insurance rates be quoted by Purchaser's lender.Purchaser acknowledges that the authorization to quote enhanced owner's coverage does not obligate Purchaser to obtain any owner's title insurance coverage and that the availability of enhanced coverage is subject to underwriting criteria of the title insurer. *21.SETTLEMENT; POSSESSION:Settlement will be made at offices of on or about , . Possession of the Property will be given at settlement, unless otherwise agreed in writing by the parties. Seller and Purchaser authorize and direct settlement agent to provide a copy of the closing disclosure and closing statement for the transaction to the Seller, Purchaser, Listing Firm and Selling Firm. To facilitate provision of the closing disclosure and other closing documents, Purchaser hereby authorizes Purchaser's lender and/or settlement agent to transmit the closing disclosure to Purchaser by electronic means. 22.BROKERAGE FEE:Seller represents that he has agreed to pay a total brokerage fee as per the Listing Agreement (brokerage fee). Seller hereby authorizes and directs the settlement agent to disburse to the Listing Firm and Selling Firm from Seller's proceeds the respective portions of the fee at settlement. *23.ASSIGNABILITY:This Contract ( ) may OR ( ) may not be assigned without the written consent of the Purchaser and the Seller. If the Purchaser and the Seller agree in writing to an assignment of this Contract, the original parties to this Contract remain obligated hereunder until settlement. 24.FACSIMILES:One or more counterparts to this Contract may be signed, all of which will be considered the same instrument. Each of the counterparts will be an enforceable original. Signed documents and counterparts received via electronic or facsimile transmission will be considered originals and are likewise enforceable. 25.ATTORNEY'S FEES:In any action or proceeding involving a dispute between the Purchaser, the Seller, the Listing and/or Selling Firm arising out of this Contract, or to collect the Brokerage Fee, the prevailing party will be entitled to receive from the other party reasonable attorneys' fees to be determined by the court or arbitrator(s). *26.HOME WARRANTY PROGRAM:Purchaser has been advised of the availability of a one year warranty program and ( ) declines coverage OR ( ) elects to purchase the home warranty program. The cost of the home warranty program is not to exceed $ and is to be paid by ( )Purchaser OR ( ) Seller at settlement. 27.ADDITIONAL TERMS:(Use this space for additional terms not covered in this Contract) RVAR PA Rev. 8/2023 Page 6 of 8 Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com TBD See paragraph 27 X X This Agreement is contingent upon final approval by City of Salem, Virginia City Council at its meeting on November 13, 2023. Settlement shall occur on a date selected by Seller with no less than 30 days’ prior notice to Purchaser. The date of Settlement shall not exceed 180 days past date of full execution of this Agreement. 1243 W Riverside DocuSign Envelope ID: CF053166-BCFD-49F0-BF2A-5D85023FAFBADigiSign Verified - 853173b5-b3ed-4eac-906b-d5319a545b63 28.STANDARD PROVISIONS AND DEFINITIONS: A. EXPENSES AND PRORATIONS:Seller agrees to pay the expense of preparing the deed and owner/seller affidavit, Seller's settlement fee, certif- icates for non-foreign status and the recordation tax applicable to grantors. Except as otherwise agreed herein, all other expenses incurred by Purchaser in connection with this purchase will be borne by the Purchaser. All taxes, assessment, interest, rent, escrow deposits and other ownership fees, if any, will be prorated as of the date of settlement.In addition to the Purchase Price, Purchaser agrees to pay Seller for all fuel oil or propane remaining in the tank (if applicable) at the prevailing market price as of the date of settlement. B. LAND USE ASSESSMENT:In the event the Property is taxed under land use assessment and this sale results in disqualification from land use eligibility, Seller will pay any rollback taxes assessed. If the Property continues to be eligible for land use assessment, Purchaser agrees to make application, at Purchaser's expense, for continuation under land use, and to pay any rollback taxes resulting from failure to file or to qualify. Notwithstanding anything herein to the contrary, the provisions of this paragraph will survive settlement and the delivery of the deed of bargain and sale. C. RISK OF LOSS:All risk of loss or damage to the Property by fire, windstorm, casualty or other cause, or taking by eminent domain, is assumed by Seller until settlement. In the event of substantial loss or damage to the Property before settlement, Purchaser will have the option of either (i) terminating this Contract and recovering the Deposit, in accordance with procedures defined in paragraph 11A or (ii) affirming this Contract, in which event Seller will assign to Purchaser all the Seller's rights under any applicable policy or policies of insurance and any condemnation award and pay over to Purchaser any sums received as result of such loss or damage. D. TITLE:At settlement, Seller will convey the Property to Purchaser by a General Warranty deed containing English Covenants of Title (except that the deed from a personal representative of an estate or from a trustee will be a Special Warranty deed), free of all encumbrances, tenancies and liens (except for taxes not yet due and payable), but subject to such restrictive covenants and easements of record which do not unreasonably impair the use of the Property for its intended purpose or render the title unmarketable. If the property does not abut a public road, title to the Property must include a recorded easement providing adequate access thereto. In the event this sale is subject to a financing contingency under paragraph 11, the access to a public road must be acceptable to each such lender. If the examination or survey reveals a title defect of a character that can be remedied by legal action or otherwise within a reasonable time, Seller, at its expense, shall promptly take such action as is necessary to cure such defect or perform in accordance with Paragraph 17. If the defect is not cured within thirty (30) days after Seller receives notice of the defects, then either party may terminate this Contract at the expiration of such thirty (30) day period and the Deposit will shall be refunded to Purchaser, in accordance with procedures defined in paragraph 11A. Upon the making of such refund, this Contract will be terminated. The parties agree that the settlement date prescribed in paragraph 21 will be extended if necessary to enable Seller to cure any title defect, but not for more than thirty (30) days, unless agreed by all parties. E. CERTIFICATES:Seller will deliver to Purchaser and/or Settlement Agent such certificates or documents as may be required by local, state and federal authorities for tax and residency purposes. F. MISCELLANEOUS:This Contract represents the entire agreement between Seller and Purchaser and may not be modified or changed except by written instrument executed by the parties. This Contract will be construed, interpreted and applied according to the laws of the Commonwealth of Virginia and the Seller and Purchaser hereby bind themselves, their heirs, successors, assigns, executors and/or administrators for the faithful performance of the Agreement. To the extent any handwritten or typewritten terms herein conflict with, or are inconsistent with the printed terms hereof, the handwritten or typewritten terms will control. All rights, powers and privileges conferred hereunder will be cumulative to, but not instead of, those otherwise available at law or in equity.UNLESS OTHERWISE PROVIDED HEREIN, THE REPRESENTATIONS AND WARRANTIES MADE BY SELLER HEREIN AND ALL OTHER PROVI- SIONS OF THIS CONTRACT WILL BE DEEMED MERGED INTO THE DEED DELIVERED AT SETTLEMENT AND WILL NOT SURVIVE SETTLEMENT. G. DEFINITIONS: a. PURCHASER'S CLOSING COSTS:as used in this Agreement will be defined to include attorneys' fees, settlement agent fees, appraisal fees, Clerk's recording fees, recording taxes, title insurance premiums, survey costs, loan origination fees, credit reports fees, lender's document preparation and review fees, lender's tax service fees, lender's processing fees, amortization schedule fees, lender's overnight courier fees, lender's assumption fees and lender's inspection fees. b. PURCHASER'S PREPAID COSTS:will be defined to include HUD insurance premiums, VA funding fees, private mortgage insurance premiums, hazard insurance premiums, escrow contributions (for taxes, private mortgage insurance and hazard insurance ), unit and homeowner's association dues, interest and tax proration charges. c. DISCOUNT POINTS:will be defined as those fees (excluding origination fee and any buydown points) charged by a first mortgage lender to make Purchaser a loan at the committed rate of interest. d. BUYDOWN POINTS:will be defined as those fees (excluding origination fee and any discount points) charged by a first mortgage lender to make Purchaser a loan at a rate of interest below the standard prevailing rate of interest quoted at the time of commitment. e. BUSINESS DAYS:will be defined as each Monday through Friday except holidays on which the majority of banks in the Roanoke Valley and New River Valley are closed. Each business day will be defined as 12:00 Midnight until 12:00 Midnight Eastern Time. For the purposes of calculating Business Days, the count of “Business Days” will begin on the Business Day following the day upon which any act or notice as provided in this Contract was required to be performed or made. 29. WIRE FRAUD ALERT: Criminals are hacking email accounts of real estate agents, title companies, settlement attorneys and others, resulting in fraudulent wire instructions being used to divert funds to the account of the criminal. All parties are advised not to wire any funds without personally speaking with the intended recipient of the wire to confirm the routing number and the account number. Parties should not send personal information such as Social Security numbers, bank account numbers and credit card numbers except through secure email or personal delivery to the intended recipient. RVAR PA Rev. 8/2023 Page 7 of 8 Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com 1243 W Riverside DocuSign Envelope ID: CF053166-BCFD-49F0-BF2A-5D85023FAFBADigiSign Verified - 853173b5-b3ed-4eac-906b-d5319a545b63 30. SELLER REPRESENTATION:Seller warrants that the person(s) signing this Agreement as “Seller” include(s) every person who possesses an ownership interest in the Property or who will be a necessary party to convey clear title to the Property. WITNESS the following duly authorized signatures and seals: (SEAL) DATE SELLER ADDRESS PHONE (Office) (Home) (FAX) (Cell) (Email) (SEAL) DATE SELLER ADDRESS PHONE (Office) (Home) (FAX) (Cell) (Email) (SEAL) DATE PURCHASER ADDRESS PHONE (Office) (Home) (FAX) (Cell) (Email) (SEAL) DATE PURCHASER ADDRESS PHONE (Office) (Home) (FAX) (Cell) (Email) © 2023 by the Roanoke Valley Association of REALTORS®. All rights reserved. This form may not be reproduced in any manner, including but not limited to deletions or additions, or by any electronic or mechanical means, without permission in writing from the Roanoke Valley Association of REALTORS®. This form may only be used by members in good standing of the Roanoke Valley Association of REALTORS® or by other REALTORS® pursuant to license agreement with the Roanoke Valley Association of REALTORS®. RVAR PA Rev. 8/2023 Page 8 of 8 Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com William Edward Lemon City of Salem, Virginia, a municipal corporation 1243 W Riverside DocuSign Envelope ID: CF053166-BCFD-49F0-BF2A-5D85023FAFBA 11/3/2023 DigiSign Verified - 853173b5-b3ed-4eac-906b-d5319a545b63 DonnaLemon 11/04/2023 Item #6J Date: 11/13/2023 November 13, 2023 Council of the City of Salem Salem, Virginia 24153 Dear Council Members: For your information, I am listing appointments and vacancies on various boards and commissions: Board or Commission Recommendation Economic Development Authority Recommend that Council appoint Joe Curran to replace Rob Robinson for the remainder of a four-year term ending December 14, 2024. Western Virginia Regional Industrial Facilities Authority Recommend appointing Tommy Miller to replace James Taliaferro for the remainder of a four-year term ending February 3, 2026 Vacancies Blue Ridge Behavioral Healthcare Need one member to complete remainder of three-year term ending December 31, 2024. Board of Appeals (USBC) Need one alternate, five-year term Economic Development Authority Need replacement for Rob Robinson, to complete remainder of four-year term ending December 14, 2024. Roanoke River Blueway Advisory Committee Need one member, two-year term Sincerely, Laura Lea Harris Laura Lea Harris Deputy Clerk of Council CITY OF SALEM, VIRGINIA BOARDS AND COMMISSIONS November 13, 2023 MEMBER EXPIRATION OF TERM BLUE RIDGE BEHAVIORAL HEALTHCARE Term of Office: 3 years (3 terms only) Vacant (replace Ann Tripp) 12-31-24 Rev. C. Todd Hester 12-31-25 Dr. Forest Jones 12-31-23 AT LARGE MEMBERS: Patrick Kenney 12-31-25 Helen Ferguson 12-31-23 Bobby Russell 12-31-24 BOARD OF APPEALS (USBC BUILDING CODE) Term of Office: 5 years John R. Hildebrand 1-01-26 Robert S. Fry, III 1-01-28 David A. Botts 1-01-25 Nathan Routt 5-11-25 Joseph Driscoll 1-01-28 ALTERNATES: David Hodges 12-12-26 Chelsea Dyer 8-09-25 Vacant BOARD OF EQUALIZATION OF REAL ESTATE ASSESSMENTS Term of Office: 3 years (appointed by Circuit Court) Wendel Ingram 11-30-24 N. Jackson Beamer, III 11-30-24 David A. Prosser 11-30-25 Janie Whitlow 11-30-26 Kathy Fitzgerald 11-30-24 BOARD OF ZONING APPEALS Term of Office: 5 years (appointed by Circuit Court) F. Van Gresham 3-20-27 Frank Sellers 3-30-28 Winston J. DuBois 6-05-24 Gary Lynn Eanes 3-20-25 Tom Copenhaver 3-20-27 ALTERNATES: Tony Rippee 10-12-28 Jeff Zoller 3-1-28 Steve Belanger 11-13-28 CHIEF LOCAL ELECTED OFFICIALS (CLEO) CONSORTIUM No Term Limit H, Hunter Holliday Alternate: James E. Taliaferro, II MEMBER EXPIRATION OF TERM CONVENTION & VISITORS BUREAU John Shaner No term limit COMMUNITY POLICY AND MANAGEMENT TEAM No term limit except for Private Provider (Names) (Alternates) Rosie Jordan Tammy Todd Laura Lea Harris Crystal W illiams Kevin Meeks Joshua Vaught Amy Cole Jasmin Lawson Cathy Brown Sarah Watkins Howard Shumate Leigh Frazier Courtenay Alleyne Heather Gunn Chris Park Mark Chadwick Parent Rep-Vacant Vacant Sue Goad Chrissy Brake Randy Jennings Deborah Coker Darryl Helems Mandy Hall Derek Weeks Danny Crouse Health Dept. - Vacant Vacant W endel Cook Jessica Cook *Note: Rosie Jordan will serve as Fiscal Agent For the City of Salem ECONOMIC DEVELOPMENT AUTHORITY Term of Office: 4 years (Requires Oath of Office) William Q. Mongan 3-09-27 Paul C. Kuhnel 3-09-24 J. David Robbins 3-09-24 Cindy Shelor 4-10-25 Macel Janoschka 3-09-25 Sean B. Kosmann 12-14-24 Vacancy . 12-14-24 FAIR HOUSING BOARD Term of Office: 3 years Betty Waldron 7-01-25 Melton Johnson 7-01-26 Cole Keister 8-09-24 Pat Dew 3-01-24 Janie Whitlow 4-09-24 MEMBER EXPIRATION OF TERM FINE ARTS COMMISSION (INACTIVE) Term of Office: 4 years Cameron Vest 5-01-15 Julie E. Bailey Hamilton 5-01-15 Brenda B. Bower 7-26-12 Vicki Daulton 10-26-12 Hamp Maxwell 10-26-12 Fred Campbell 5-01-13 Rosemary A. Saul 10-26-13 Rhonda M. Hale 10-12-14 Brandi B. Bailey 10-12-14 STUDENT REPRESENTATIVES LOCAL OFFICE ON AGING Term of Office: 3 years John P. Shaner 3-01-24 Partnership for a Livable Roanoke Valley Term of Office: Unlim ited James E. Taliaferro, II PERSONNEL BOARD Term of Office: 2 years William R. Shepherd 6-09-25 J. Chris Conner 8-12-25 Margaret Humphrey 8-12-25 Garry Lautenschlager 11-23-24 Teresa Sizemore-Hernandez 4-26-25 PLANNING COMMISSION AND NPDES CITIZENS' COMMITTEE Term of Office: 4 years Neil Conner 7-31-26 Denise “Dee” King 7-31-26 Vicki Daulton 7-26-27 Reid Garst 7-31-26 N. Jackson Beamer 8-28-27 REAL ESTATE TAX RELIEF REVIEW BOARD Term of Office: 3 years David G. Brittain 2-14-25 Wendel Ingram 6-11-24 Daniel L. Hart 2-14-24 ROANOKE REGIONAL AIRPORT COMMISSION Term of Office: 4 years Dale T. Guidry 7-1-24 ROANOKE RIVER BLUEW AY ADVISORY COMMITTEE Term of Office: 2 years Jeff Ceasar 6-30-24 Vacant 6-30-25 MEMBER EXPIRATION OF TERM ROANOKE VALLEY-ALLEGHANY REGIONAL COMMISSION Term of Office: 3 years H. Hunter Holliday 6-30-24 Dee King 6-30-26 James W. Wallace, III 6-30-24 ROANOKE VALLEY BROADBAND AUTHORITY Term of Office: 4 years H. Robert Light 12-14-23 Mike McEvoy (Citizen At-large) 12-13-25 ROANOKE VALLEY DETENTION COMMISSION No Terms Member Alternate James Taliaferro Rosemarie Jordan ROANOKE VALLEY GREENW AY COMMISSION Term of Office: 3 years Dr. Steven L. Powers 11-08-24 Russ Craighead 7-25-25 Skip Lautenschlager 9-26-26 ROANOKE VALLEY RESOURCE AUTHORITY Term of Office: 4 years Rob Light 12-31-23 ROANOKE VALLEY TRANSPORTATION PLANNING ORGANIZATION (TPO) POLICY BOARD Term of Office: 3 years Renee F. Turk 6-30-26 H. Hunter Holliday 6-30-26 Alternate: Byron R. Foley 6-30-26 SCHOOL BOARD OF THE CITY OF SALEM Term of Office: 3 years Nancy Bradley 12-31-24 Teresa Sizemore-Hernandez 12-31-24 Andy Raines 12-31-25 Stacey Danstrom 12-31-25 David Preston 12-31-23 SOCIAL SERVICES ADVISORY BOARD Term of Office: 4 years, 2 term limit Heath Rickmond 12-01-26 TOTAL ACTION FOR PROGRESS Term of Office: 2 years Byr on Randolph Foley 11-13-25 (vacant - full-time alternate) 11-13-21 MEMBER EXPIRATION OF TERM TRANSPORTATION TECHNICAL COMMITTEE (TTC) Term of office: 3 years Crystal Williams 6-30-26 Josh Pratt 6-30-26 Alternate: James E. Taliaferro, II 6-30-26 Alternate: Max Dillon 6-30-26 VIRGINIA W ESTERN COMMUNITY COLLEGE LOCAL ADVISORY Term of Office: 4 years (2 term s only) Dr. Forest I. Jones, Jr. 6-30-26 VIRGINIA’S BLUE RIDGE BOARD Term of Office: H. Robert Light WESTERN VIRGINIA EMERGENCY MEDICAL SERVICES COUNCIL Term of office: 3 years Deputy Chief Matt Rickman 12-31-25 WESTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY Term of Office: 4 years (Requires Oath of Office) Vacant (replacement for Taliaferro) 2-3-26 H. Robert Light 2-3-24 Crystal Williams (Alternate) 2-3-26 Vacant (Alternate) 2-3-24 WESTERN VIRGINIA REGIONAL JAIL AUTHORITY Term of Office: 1 year – Expires 12-31-23 (Requires Oath of Office) W illiam D. Jones Alternate: Byron R. Foley James E. Taliaferro, II Alternate: Rosemarie Jordan April M. Staton Alternate: Chief Deputy-Major Steve Garber