HomeMy WebLinkAbout4/24/2017 - City Council - Agenda -RegularSalem City Council
Work Session Agenda
April 24, 2017
City Manager’s Conference Room
City Hall
114 North Broad Street, Salem
6:30-7:30p.m.
I. Call to Order
II. Roll Call
III. Discussion Items
a. Real Estate Update, Justin Kuzmich
b. Other topics for discussion (City Manager)
IV. Adjournment
City Council Meeting
A G E N D A
Monday, April 24, 2017, 7:30 PM
Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 24153
1.Call to Order
2.Pledge of Allegiance
A.Closed Session
Hold a Closed Session in accordance with Section 2.2-3711A(3) of the 1950 C ode of
Virginia, as amended for the purposes of a discussion or consideration of the acquisition
of real property for a public purpose the City may wish to sell or convey; Section 2.2-
3711A(29) For discussion of the award of a public contact involving the expenditure of
public funds and discussion of the terms or scope of such contract, where discussion in
an open session would adversely affect the bargaining position or negotiating strategy of
the public body.
3.Consent Agenda
A.Minutes
Consider acceptance of the minutes from the Special Meeting on March 22, 2017, and Work
Session and regular meetings on April 10, 2017.
B.F inancial Report
Consider the Acceptance of the Statement of Revenues and Expenditures for nine months ending
March 2017.
4.Old Business
5.New Business
A.D Q P roperties, L L C
Consider approval of contract of Option to Purchase between D Q Properties, LLC and the City of
Salem.
B.Live Oak P artners, L L C
Authorize the City Manager the authority to execute a contract between Live Oak Partners, LLC
and the C ity of Salem. (Public hearings for the sale of adjacent parcels known as 3 East Main
Street, Salem, and 16 East C lay Street, Salem, (superjacent airspace only, including but not limited
to appurtenant easements); Adjacent parcels known as 100 South Broad Street, and 10 West
Burwell Street, Salem, (superjacent airspace only, including but not limited to appurtenant
easements); and a parcel known as 200 East Clay Street, Salem, (superjacent airspace only,
including but not limited to appurtenant easements), as advertised in the J uly 15, 2016 issue of The
Roanoke Times. Public hearing concerning the sale of West Salem Body Shop, 8 West Main Street,
Salem, was held on J anuary 9, 2017, as advertised in the December 29, 2016 issue of the Salem
Times Register; and T he Request for Proposal #2017-014 to receive bids on the development of
various City properties, as advertised in J anuary 29, 2017 issue of The Roanoke Times).
C.East Main Street UDA
Hold a public hearing and consider adoption of resolution 1312 for recommendation regarding T he
East Main Street Urban Development Area (UD A) plan and for amending the Comprehensive Plan
for the City of Salem reflecting the addition. (As advertised in the March 9, and 16, 2017, issues of
the Salem Times Register - Item continued from the March 27, 2017 meeting.) Recommend
approval with no conditions - see page 1, Planning Commission minutes.) S TAFF REPO RT
D.P resentation of Annual B udget for 2017-2018
Hold a public hearing on the proposed annual budget for fiscal year 2017 - 2017. A summary for
the proposed budget was advertised in the Salem Times Register on April 13, 2017.
E.Budget Ordinance
Consider on first reading the ordinance to appropriate funds for the fiscal year 2017 - 2018
budget. Audit - Finance C ommittee
F.Virginia Municipal L eague I nsurance P rograms Grant
Consider request to accept and appropriate VML Insurance Programs (VMLIP) grant. Audit -
Finance C ommittee
G.School Capital P roject F und Budget - March
Consider request to amend School C apital Projects Fund budget as approved by the School Board
on March 28, 2017. Audit - Finance Committee
H.School Capital P roject F und Budget - April
Consider request to amend School C apital Projects Fund budget as approved by the School Board
on April 11, 2017. Audit - Finance C ommittee
I.VD OT Rev enue Sharing Grant
Consider request to accept and appropriate the VDO T Revenue Sharing Grant for College
Avenue. Audit - Finance C ommittee
J .Allocation of F unds
Consider adoption of resolution 1316 granting the C ity Manager the authority to allocate funds for
VD O T /locality projects.
K.Deed of Easement
Consider granting Deed of Easement between the Roanoke Valley Broadband Authority and
the City of Salem at 1971 Apperson Drive for the construction of and operation of certain
telecommunications facilities.
L.P resentation of Salem School Div ision B udget
Receive presentation from the Chairman of the Salem School Board regarding the 2017-2018
budget pursuant to Section 8.5 of the 1950 C ode of Virginia, as amended.
Supplemental Item
6.Adjournment
Audit Finance C ommittee, Monday, April 24, 2017, 8:00 a.m., City Manager's Conference Room
Work Session, Monday, April 24, 2017, 6:30 p.m., City Manager's Conference Room
ITEM# 3A
l.
2.
3.
4.
5.
6.
1
DAIE tl-zq-l'l
City Council Special Meeting
MINUTES
Wednesdqt, March 22, 2017, 8:00 AM
Salem City Hall, Council Chambers, 114 N Broad Street, Salern, VA
Call to Order
A special meeting of the Council of the City of Salenr, Virginia, was called to order
at 8:00 an1 there being present the following members to wit: Byron Randolph
Foley, Mayor, Mlliam D. Jones, Vice-Mayor, Council members: Jane W Johnsoq
James A. Martiq and James L. Chisoq along with Kevin S. Boggess, City
Manager; Janres E. Taliaferro, II, Assistant City Manager and Clerk of Council;
Rosemarie B. Jordaq Director of Finance; and Stephen M. Yost, City Attomey.
Pledge of Allegiance
Bid Openings, Awards. Recogritions
C orsent Agenda
Old Business
New Business
Closed Session
A. Closed Session
Hold a closed session in accordance with the provisions of Section 2.2-
3711A(3) and Section2.2-37llA(29) of the 1950 Code of Mrginia, as amended
for the purpose of a discussion concerning publicly held real property and the
award ofa public contract where discussion in an open session would adversely
affect the barpining position or negotiating stratery of the City.
William Jones motioned to rnove to closed session in accordance with Section2.2-
371 1A(3) and Section 2.2 -3711A(29) of the 1950 Code of Mrginia as amended for
the purpose of a discussion conceming publicly head real property and the award of
a public contract where discussion in open session would adversely affect the
bargaining position or negotiating stratery of the City. Jane Johrson seconded the
motion
Ayes: Chisorq Foley, Jotnrson, Jones, Martin
Adjoumment
Mce Mayor Jones motioned to reconvene at 8:39 p.m and that in accordance with
Section 2.2-3712D. of the Code of Mrginia, 1950 as amended to date, Council
hereby certifies that in Closed Session only items la*flilly exenpted from open
meeting requirements under the Mrginia Freedom of Information Act and only such
items identified in the motion by which the Closed Session was convened were
heard, discussed, or corsidered by the Council. James Chisom seconded the
motion.
Ayes: Chisorq Martiq Johrsorq Jones, Foley
The meeting was adjoumed at 8:51 p.rn
UNAPPROVED I\4INUTEs
CITY COUNCIL WORK SESSION
Aprileo, zorT
A work session of the Council of the City of salem, Virginia, was held in the City
lManager's Conference Room,114 North Broad Street, Salem, Virginia, on April 10, 2ory, 12:oo
p.m., there being presentthe following members ofsaid Council, to wit: Byron Randolph Foley,
William D. Jones, Jane W. Johnson, James A. lMartin and James D. Chisom, with Byron Randolph
Foley, presiding; together with Kevin S. Boggess, City Manageq Rosemarie B. Jordan, Director
of Finance; and Tammy H. Todd, Assistant Director of Finance; and the following business was
transacted:
Mayor Foley reported that this date, place, and time had been set in orderfor the Council
to hold a work session; and
WHEREAS, Council reviewed the budget presented by Ms. Jordan and Ms. Todd; and
WHEREAS, there was no further discussion to be had, Mayor Foley adjourned at 3:19
p.m.
Mayor
Clerk of Council
1.
City Council Meeting
MINUTES
Mondcy, April 10. 20 I 7. I 2:00 PM
Council Chambers, City Hall, 114 North Broad Street, Salem, Mrginia24153
Call to Order
A regular meeting of the Council of the City of Salerq Vrginia, was called to order
at 12 PM, there being present the following members to wit: Byron Randolph Foley,
Mayor, William D. Jones, Mce-Mayor, Council members: Jane W. Johrson, James
A. Martirl and James L. Chisom; along with Kevin S. Boggess, City Manager;
James E. Taliafeno, II, Assistant City Manager and Clerk of Council; Rosemarie
B. JordarL Director of Finance; Charles E. VanAllmag Jr., Director of Community
Development; Mike Stevens, Commturications Director; Todd Sutphir\ Building
Official; and Stephen M. Yost, City Attomey.
Pledge of Allegiance
Bid Openings, Awards, Recognitions
Corsent Agenda
A. Minutes
Consider acceptance of minutes from the March27,2017, Work Session and
regular meetings.
Approved as presented
5. Old Business
A. Amendment to Zoning Ordinance
Hold a public hearing and consider ordinance on second reading the request of
William D. and Mary Ann Jones, property owners, for rezoning the propefty located
at 146 West Fourth Street, (Tax Map #16l-74) from BCD Business Commerce
District to HBD Highway Business District. (Approved on first reading at the
March 27, 201 7 meeting).
Jane Johnson motioned to adopt the ordinance on second reading for rezoning the
property located at 146 West Fourth Street, (Tax Map #16l-74) from BCD
Business Cornrnerce District to HBD Highway Business District. James Martin
seconded the motion.
2.
3.
4.
Ayes: Chisonl Foley, Johnson, Martin
Absent: Jones
Amendment to Znning Ordinance
Hold a public hearing and corsider ordinance on second reading, the request of
Tumer Morgan LLC, property owner for rezoning two parcels located at 803-813
Eighth Street and tluee parcels fronting on vacated Carolina Avenue (Tax Map #
186-11-2&3 and 186-3-2, 3 & 4) from BCD Business Commerce Dishict to HBD
Highway Business District. (Approved on first reading at the March 27,2017
meeting).
James Chisom motioned to adopt the ordinance on second reading for remning two
parcels located at 803-8 13 Eighth Street and three parcels fronting on vacated
Carolina Avenue (Tax Map # 186-ll-2&3 and 186-3-2, 3 & 4) from BCD Business
Connnerce District to HBD Highway Business District. William Jones seconded
the motion
Ayes: Chisonl Foley, Johnsorl Jones, Martin
Vacation of Right of Way
Receive viewers report and consider ordinance on frst reading to permanently
vacate a portion ofan existing 15' public alley begnning at a point on the north side
of West First Street and extending to the adjacent property owner to the north which
is approimately 267 .67' in the City of Salem (As advertised in the March 12, and
March 19, 2017, issues of The Roanoke Times).
James Martin motioned to approve the ordinance on fust reading to permanently
vacate a portion of an existing 15' public alley begrnning at a point on the north side
of West First Sheet and extending to the adjacent property owner to the north which
is approximately 267.67' in the City of Salern (As advertised in the March 12, and
March 19,2017, issues ofThe Roanoke Times). Jane Jolnson seconded the
motion
Ayes: Chisorq Foley, Johrsoq Jones, Martin
6. New Business
A. Boards and Commissions
Corsider appointments to fill vacancies on various boards and cornrnissions.
B.
C.
Jane Johnson motioned to reappoint William D. Jones to the Roanoke Valley
Alleghany-Regronal Commission for a three-year term (current term ended February
24,2017); to reappoint Joseph E. Yates, Jr. to the Economic Development
Authority for a four-year term (current term ended March 9, 2017); arf, to appoint
Cindy Shelor to the Economic Development Authority for a four-year terrn
James Chisom seconded the motion
William Jones motioned to appoint Thomas L. Copenhaver to the Board of Znntng
Appeals for a five-year term eflective April 10, 2017;to reappoint F. Van Gresham
to the Board of Zoning Appeals for a five-year term (current term ended March 20,
2017); to appoint John Shaner to the Convention & Msitors Bureau; to reappoint
Jirnrny Robertson to the Real Estate Tax Relief Board for a three-year term (current
term ended February 12,2017); and to appoint Frank Turk as a parent
representative to the Community Policy and Management Team Jane Johnson
seconded the motion
Ayes: Chisorq Foley, Joksorq Jones, Martin
7. Closed Session
A. Closed Session
Hold a closed Session pursuant to provision of Section 2.2-3711A(3) of the
1950 Code of Mrginia, as amended, to discuss property the City may wish to
sell.
William Jones motioned to move to closed session in accordance with the
provisions of Section2.2-3711A(3) of the 1950 Code of Mrgrnia, as amended, to
discuss property the City may wish to sell. Jane Joluson seconded the motion
Ayes: Chisorrl Foley, Jotnsoq Jones, Martin
8. Adjoumment
Vice Mayor Jones motioned to reconvene at 12:22 p.m and that in accordance with
Section 2.2-3712D. of the Code of Mrgrnia, 1950 as amended to date, Council
hereby certifies that in Closed Session only items lavfully exerpted from open
meeting requirements under the Virginia Freedom of Lrformation Act and only such
iterns identified in the motion by which the Closed Session was convened were
heard, discussed, or corsidered by the Council. Jane Johnson seconded the motion
Ayes: Chisorq Martiru Jotnrsorl, Jones, Foley
The nreeting was adjoumed at 12.22 and Council then convened to Budget Work
Session
The Audit-Finance Committee rneeting for Monday, April 10,2017 is canceled.
The April 10,2017, Work Session meeting will be replaced with the Annual Budget
Work Session meeting which will immediately follow the Council Meeting at 12 noon.
IEM#?E
DATE
t{-z+-t''l
Schoduls A
City Ot S.lem, Virginia
G€n€ral Fund
St t mcnt Of Revcnue! .nd Erpcnditurag
For Nlne Xonths Ending tlarch 31, ml7
Current Year Cunent Year % of Pnor Y6ar
Budget Year to Oat€ Budget Year to Date Vanance
Revanua3:
B€grnning Balancs 7-1-16
General Proporly Taxes
Oth€r Local Taxes
PermiG and Lrcensos
Fioes and Fortgitur€s
Revenu€ trom Use ot Money and Prop€.ty
Charg€s for Sorvices
Payment an Li€u of Tax$ lrom Eleclnc Fund
Payment in L€u ot Taxes lrom Water Fund
Miscellaneous Ravanue
Non-Cat€goncal Aid
Shared Expens3s
Catsgoncal Ad
Total Ravonm3
Expcndlluru3:
Genoral Government
Judrcral Admrnrstraton
Publlc Safety
Publlc Works
Hea[h and Welfare
Educaton
Parks. Recreaton and Cullural
Communrty Oovelopment
Non-Oepanmental
Coning€ncy
Reserve for Fund Balance Raplenrshment
Reserv€ for Cap(al
Totrl Erp.ndiUro3
Revcnu.r Overr(Undar) ExpandituEa
6.210.889 5.067 118 4.430.477 630.04178.M0,28s 43.696 027 56% 54.316.455 (10.620,428)
$ 1.410,937
34,053,209
20.968.100
2s6.8@
'114,5@
436.016
5,746,5'14
3,160,0@
130.000
314.186
3.978.272
1.260.862
s
13.984,284
15.323.812
190,521
u.472
552 152
3 224.471
3160.@0
116 248
271.735
891.642
807.371
4.877.814
1.488. 194
12.605.289
5,683,327
1,894.763
17,836,831
3,517..181
1.585.610
4,635,248
0%$
41% 24.449,287
7304 15.025.029
78% 239j77
839o 74.817
127% 386.871
*% 4.434,558
100% 3.160,000
8S% 106,925
87% 2fi.717
22% 927.*5
u% 790.992
$-
( I 0,485,003)
298.783
(39,656)
'19.855
165.281
(1,210,087)
9.323
(15,982)
(3s,96:i)
16,379
600.307
40.782
'r,009,111
(3,009,618)
161,1r14
(51.815)
355 597
750,392
148,999
6.608.446
2.064.986
16.689.213
13,126,796
2.443I9
21.843.901
4.973 416
2.081.318
7.21'2/
602.@5
375,m0
15,9.12
78,040.285
74%
72%
76%
51%
78%
82%
717o
76yo
64%
0%
o%
0%
71%
4.277.ffi
'l.447.411
11.596,178
9.692.945
1 733 619
17.888.646
3.161 .884
835,218
4.486.249
55 124 555
_9._lr49E?9r
55.119.657 4,899
$ (803.202) $ (10 625.327)
Schedule B
City of Salem
Sales Tax Summary
For FiscalYearc 2015 -2017
900,000.0o
850,000.00
800,000.00
750,000.00
700,000.@
6S0,000.00
500,000.00
550,000.00
500.000 00
450,000.00
400,000.00
350,000.00
300,000.00
250,000.@
200,000.00
150,0@.00
100,000.00
50,000.00
l{ov Oec
FY 2015 FY 2015
,an
FY 2017
May June
r nIf
si.*t8
ff
*
t
FGb
tl
t
Schedule C
City of Salem
Meals Tax Summary
For FiscalYears 2015 -2017
600,000.00
550,000.00
500,0m.@
450,000.00
400,fi)o.@
350,000.00
300,000.00
250,000.00
200,0o0.00
150,000.m
100,000.00
50,000.00
Oct l{ov
FY 2015
Dcc .lan
FY 2016 FY 2017
lune
tTt-
I L L
Feb MaY
Schedule D
City of Salem
Lodging Tax Summary
For FiscalYears 2015 -20L7
[fifi
Apr May JuneDec
* FY 2015 FY 2016 FY 2017
July
225,000.00
200,000.00
175,000.00
1s0,0@.00
125,000.00
100,ooo.m
75,000.00
50,000.00
25,000.@
r-r
t
Oct oY
Cumnt Yall
Budg.t
3 805.0m
3,10.000
3,m0.000
Cuntfrt Yaat
Yarr to Data
s $7.721
233.422
1.275.715
!a ot
Budgol
SCHEOULE E
s (1.710)
(18.361)
(1,284.347)
City O, S.bm, Vir0inh
Solid W..te Di$o.rl
St t rn nt Of Oper.iiont
For l{ina foothr Ending X.rch 31, 2017
Prior Yoar
Yaar to Data Varianca
Opaating R.wrll..:
Ravanuar For Wlta Daoortl:
Toter F€gs
Contaaner F€os
Waste Colleclon & OispGal Ch8rgos
Rrcyclmg Proc4ds
Totrl R.vanuar Fo. Wlb Dbpoaal
Op.ntng Erp.ndiulrra:
R.ftr{ Colbclion:
Salanes
Fring€ B6n6liB
Contractual SeMces
Printrng and I'rding
Travel and Trarnrng
Waste D6posal
Mlscellanoous
Miscellaneous Crodts
MaGnalB and Supplps
Cap&l Outlay
Totrl R.lu.. ColLction
Contrirxr3:
SalarEs
Fringe Benellts
Contraclual S€rvEes
Waste Dlsposal
Mls@llaneous
Mlscellansous Credits
Matercls And SupplEs
Capital Outlsy
Totrl Cont in rt
Taanaiar Staoon:
Salanes
Fnng€ BenefiB
Contreciual S€rvices
Utrlit€s
Communlqat on6
Trav€l and Trarnng
Waslg Oiaposal
Mlscellanoous
M6,collangous Crcd[s
Matsnals and Supplbs
Machnery and Equapment
Tot l Tr.naiar Station
Tot l Op.rrti.lg Erp.ndiur..
N.t C6t For Solll W..t Oapo..l
636 554
289 979
199 225
15@
625
452.305
2 011
(45 000)
52.8m
1.590.099
71%
69%
430k
$ 569.431
251.743
2.560,06273,000 15,267 210k 49,420 (34.153)
4 218 000 2.092.126 50%3.430.697 (1.338,571)
502,184
218,511
117.2n
272
u7
221.U7
1,509
(25.147)
6.300
79%
75%
59%
18%
56%
50%
75%
56%
12%
452,465
2't5.67
123.135
252y7
2.'t82
(31.042)
7.y2
49,7 r8
2.U4
(5.84s)
20
221.U7
(673)
5.895
(1.243)
255,673 255.672 100%533.391 419.886 79%
47 917
19.961
50,000
150.500
2 300
1.0i15 312
3s.866
14.580
23.791
88.84,t
*:
t 8t .131
63,582
37.939
11.210
320
963
1,268.678
8.234
(22.3o1)
,.870
7,UO 292
2.539
(450)
5.231
88.8,&r
(706)
2,570
( 13,1.18)
2$.672
3/tO 553
1108.962)
(56,499)
(1r8.568)
(14.0,47)
(340)
(628)
(1,369,95r)
(3.431)
(16,8i17)
(3,358)
(16.500)
(1.709.129)
3i15.955
161.972
89,709
35.0@
1.000
2.m0
2.754.058
33.966
9.850
--------------..
3..134.520 1.55i1658 ils%
5.558.010 3.019.656 Uok .r 120.651 ( 1.'t 00.795)
0% 6.982 (6.982)
66%
75s
73%
4%
59%
37%
o%
4%
52X
39%
12X
11%
32X
a8
a6%
21%
0%
1996
096
777.531
33.327
15,030
18.560
1.546
(2,s70)
13,440
79.34n
290.093
120.081
155,507
24.287
660
1.591
2,638,629
11.665
(5.4ss)
5.228
'16.5{X)
3,263.787
267 781
927.730 6E9.954 237.776
City D6bt Out t nding
20108 VMWACO Series G Buitd America Bonds
2010D VMWACO Eonds I Tax Exempt Bonds
201 1 Union First Market Refunding Bonds
2013 Public lmprovement Bonds
2015 Key Bank Refundrng Bonds
20164 Publtc lmprovement Bonds
20168 Public lmprovement Bonds
Total City Oobt Oubtanding
School Debt OutEtanding
2010D VMWACO Bonds I Tax Exempt Bonds
2011 Union First Market Refunding Bonds
2012A Public lmprovement Bonds
2013 Public lmprovement Bonds
Total School Dcbt Outrtending
Total Oebt Oubtanding
City of Sal€m, Virginia
Debt Outstanding
For Period Ending March 31, 2017
Schedule F
lssuances
Principal Balance
Payments 3t3'1t2017
2,700,000
2,529.632
2,850.624
1,514.100
1.912.481
3.922,'.176
____- 1,359,224
(891,643) 16.788,237
(141,200)
(766,862)
(477 ,250].
277 ,105
4,989,376
7,636,000
(275,5751 4,665,900
(1,660,887) 17.s68,381
-lz55f 536t--Td55dff8--
Ealance
711t2016
2,700,000
2,893,712
3.288.762
1,603,525
1 ,912.481
3,922.176
1,359,224
17,679,880
- rr*,otol- (438,138)- (89,425)
418,305
5,756,238
8,113,250
4,941 ,47 5
19,229.268
--76'3001?r
City ot Sabm, Virginra
Capital ProjecE Fund
Statemenl of Revenues and Er@nditures
For Penod Ending March31,2017
Project Tolal Avaitabb Year ToBudget To Dab Encumbranca3 prc{od Balanco D8b
253.879
302.400
150,000
123.E{rc
r 15.000
63.545
636.267
576,6s7
535.246
59.172
2A.227
551. r 80
650,000
463.000
E76 341
625.OOO
450,903
1.474
11,1.126
800.000
80 330
15.127
5.407
262.600
251.503
17.869
45.&7
2.380
400.972
108,994
1.m1,923
350.mo
500.000
253,879
302,400
r50.(m
123 8{}0
.t t5.000
63.545
E36.267
576.657
121 16',l
13.,t62
28.227
551.179
650,000
483.0(x)
625.000
54.939
1.623
26.501
80.330
15.127
s,406
83.725
17.888
3.554
2.375
33./i31
33.778
1,001.923
350,0(n
500,@0
7,1252U
508.309
266,893
96.83.
8,l2.921
146.975
37,150
253.879
302,4m
150.000
123.800
115.@0
63.545
836,267
576.657
121,161
'13..t82
28.227
55'1.179
650.000
lo3.m0
625,000
58,939
1,623
26.501
80.330
15.12?
5./()6
43.726
17.868
3.558
2,379
33,431
33.770
1.001.923
350.(m
500.m0
17,12.
7,125,28
508.309
266.893
103,834
63,260
8Ij2.924
149.596
65.470
411.N7
46,0'r0
I
-
E76,381
391.964
( l irs)
67.625
800 0@
1
262.6m
167.777
1
41I49
,|
367,5,fi
(17,1221
3.513,387
2't.770
33.I 07
t 1.166
28s
550.0(x)
473.351
4E5.710
Schedule G
4,334.772
108.947
31.'t 1 1,.:,
15.92a
10.7't 1
39,,r73
37,150
Fund Balaoce, July 1, 2016
Revenues
ERP-Transfa. F.om GF
ERP-T.ansfor From EF
ERP-Translgr Frorn Schools
ERP-m13 Bond6
Cama Systom-T.ansfe. From GF
Documsnl t gml Solution-2o'|3 Bonds
Fire Trud(s-2o16 Eonds
Fire Trucks-T,ansfer From GF
Bic-ycb E Ped SatBty lmpr Prog-Federal
Arclcb A Ped Salety lmpr Prog-State
Brcrch A Ped Saf6ty lmpr Prog-Local
Lb{.ry Rool2o16 Bonds
Cou.lhouse Front Entrance-2o16 Bonds
Slroet Department Equiprnenl-2o16 Boods
Roanok€ Blvd Multimodal lmpr at VA-Fed
Sooal Se.vrces &JiHing-2ot6 Bonds
Greonway Phase 2&Enhan@ment
GrEenway Ph6se 28-2013 Bonds lnteresl
Gregnwsy Phase 2B-Xler GF
Greenuay Phrs€ /i-RSTP
Greenway Phase 4-Enhancemgnt
GroeftYay Phase 4-2013 Bonds
Gr€oruay Phase 4-Xbr GF
Grgonwsy Phass TRSTP
G,oonray Phasa tEnhancemonl
G.€qnway Phase t2013 Eorlds
Groodf,ay Phase $'xbr GF
Gr9onway Donations
Mason Creek Gr€onway Phas€ 2-Fod€ral
Malon Crsek GEenway Phasa 2-Loc€l
SalGm Memonal Renovatons.2ol6 Bgnds
Salem lilomonal Scorebord-2016 Bonds
Dornlown lmpmverirsnts-2o t 6 Bords
lnterrst Rewnu€-2o'l 6 Bords
Totel Revenue3
Ependitures:
ERP - t{glr World
ERP. rcI
Cema Syibm
Doo.rfirnt rlgmt Solulion
Fir. Tn cls
Biryb & Podostnan Satuty hpr Proo
Library Roof
24.410
2.712
20,854
277
5.921
10.638.575
530,079
3{D.00o
'115,000
63.545
1,112.9t21
622.97
55r,1EO
5,000
63,260
2.621
24.320
Crty of Salem. Vrrqinia
Capital Proiecb Fund
Stalerient of Revenues and Exp€nditures
For Penod Endang Ma.ch 3'1, 2017
Proiacl Totat Avarlable Year To
Schedule G
1.13,1.436
3,313,323
Courthouse F.ont Enlrance
Streel Oeparlrnent Egurp.rEnt
Roanok€ Elvd Multimodal lmpr at VA
Social Sorvicos Building
Rk6 River G.eerlr.y Phas€ 29
Rke Riwr Green*ay Phas€ 4-Apf,erson
Rke Rivcr G,eenw8y Phase S.Eddy
Greenway Donafrons
tlsson Creok Graonway Phase 2
Salem Mamonal Park Rcnovations
Sabm Memonal Plrt Scorgboard
oowntof,rn lmprowments
Total E,@nditures
Fund B8l.nc€, M8rch 31.2017
Bt}d88l . . . To Date EncumbEnces pdqct Batancg Oete650,000 37.s29 4,..313 st.8.i --is-l36- --------5i=f
463,000 52.092 - 462.092 20.908 162.@2876.361 80 46.580 46,660 A29.721 80625.000 - 62s.oo9565,507 105.785 2o,tOO 125,6S5 410,622 55.975900,664 1m.E62 - tm,862 80o.oo2576.S79 i05,312 't 9,96/a 125.276 ,t51.703 t6O2,3E0 - 2,380509,966 .E.198 74.y2 122.yO 3f?,12f. .15.2991.m1.923 1,03O,6a5 7,840 1.038.525 (36.602) 445.630350.000 3i)9 - 339 3,19.661 339
10.638.675 3.811.968 3't2,3.t0 1.124.W 6.5tit.369
Schodule H
City of S.lem, Virgini.
Elect ic Fund
St tement o, Oper.iiong
For l{ine onths Ending U.rch 31,2017
Opor.ling RrEnue3
Sale of Power
Other Eleclric Revenue
Total Operating Revenues
Oper.ting Erpen3ea
Other Po/er Generaiion - Operation
Other Po^rer Generation - Maintenance
Purchased Power
Transmission - Operalion
Transmission - Maintenance
Distribulion - Operations
Distribulion - Maintenance
Customor Service
Administration & General - Operation
Administration & General - Maantenance
Oepreciation
Capital
Conlingency
Total Operaling Expenses
lncoma (10331 Bafotr Tr.mfcl!
Transfers
lncome (loss)
Currenl Year Currenl YearBudget Year to Oale
5 39.306,950 $ 29,583.0671.159,368 400.231
40.466,318 29,9E3,298
135.000
45.000
24,422.274
3.610.500
24.000
868,500
1.053.265
,r88,645
2.662.1,r0
'187.29s
3.282.97
526.752
32.976
45.672
15,939.042
3,276.028
2.176
611.258
781./r31
351.626
887.506
79,043
1,084.619
1.6@.521
oA ol
Budget
750/o
35%
710/a
21'/o
1010h
65%
910/r
9%
70o/o
710/o
72'/.
330/6
42%
006
190/0
00/6
Prior Year
Year to Oate
$ 29.426.348
381.710
29.E06.059
47 .892
18,328
16.284,78,r
2,800,104
14.466
639,2,14
781.277
356.452
805.279
38,235
1.634.962
Vaiance
s 156.719
18,521
175,210
(14,916)
27 .344
(3,15,7,13)
47s,925
(12.2W\
(27 ,9871
155
(4.82s)
82.224
40,8@
1,084,619
(34,.141)
37,306,318 24,691.E98
3.160.000 5.291,401
(3,160,000) (3.160,m0)
$ 2.131,401
23,421,022 1 ,270,676
6,3E7,036 (1.095.636)
1000/6 (3,160,0@)
$ 3.227.036 $ (1,095,636)
Cunent Year
Budoet
Current Year
Year to Oate
%of
Budoet
Prior Year
Year to Date
Schdule I
Variance
City of S.lom, Virgini.
Watar Fund
Statomont of Operationg
For l{ine llonth3 Endine l.rch 31,2017
Oprating Rownu.a
Services
Other Revenue
Total Operating Rcvenues
Operlting Erp.n..3
Production
Salaries of PeBonnel
Fnngs Beneiits
Contraclual S€rvices
Printing and Einding
Advertising
Utiliiies
Communicatons
lnsurance
Travel and Training
Miscollaneous
Malerials and Supplies
Dspraciation
Capital
Contingency
Total Production Expenseg
Oistibulion
Salaries of Personnel
Fringe Benetits
Contraclual Services
Communicationg
lnsurance
Lease/Rent of Equipment
Travel and Training
Miscellaneous
Miscellaneous Crcdils
Mabrials and Supplies
Depreciation
Capital
lnter6st Obligations
Bond Costs
Total Oistribution Exponssg
lncome (lo.3) Bafors Tranrfgrr
Transfers
Income (1o.3)
$ 6.480,105 $ 4,6E1.311
801.323 322,115
7.281,42E 5,003,726
$ 4.753,04,r t (71,734)
240r',39 81,976
72%
40%
740.442
39r1.547
954.402
8.200
500
367,000
5,000
17 .200
9.200
45.95.1
197 700
255.700
155.727
542.7 51
290.'125
863,960
4.550
10.000
2.000
4.800
1 't.95,1
(240.000)
245.200
325.004
1,939.512
561,369
263.898
304.688
1t
392
279,7E3
4.990
23.202
5.362
39.499
93,679
644,171
166.033
79%
a7%
32%
0%
7E%
76%
100%
135%
56%
8{t%
17%
0%
65%
0%
76%
75%
71%
34%
47%
145%
30%
50%
67%
65%
47%
0%
35%
-5%
0%
4,993,/18.1
536.230
303,136
396,276
899
362
2E0.357
7.7E9
22,210
6,389
10.742
92,451
52.962
10,243
45,139
(39,238)
(9r.s87)
(86E)
30
(s741
(2.7e9)
992
(1,0271
(1,24',t
1.128
6{4,171
113,071
3,151,572 2.407.297
107.321
207.007
291,320
2,133
14.501
594
2,393
8.049
1155,2171
1 15.063
57.695
1 r 3,917
(96.465)
60,246
1.048,52E
1,739,803
384,437
177.351
393,302
2,365
15.054
1.667
6,591
(1E9.065)
117,055
53.484
359,912
667,494
22.887
29.656
(101.9E2)
(233)
(s54)
594
705
1,456
33.E18
(1,973)
57.695
60.433
(4s6,397)
80,246
(273,7t3,999,856 1 ,322,17 5
130,000 1,547,901
(130.000) (116,246)
$ t 1.431.653
1.931,506 (363,604)
(106.92s) (9.323)
t 1.824.581 $ (392.928)
89%
Schedule J
Op6r.dng Rownuoa
Services
Other Revenue
Total Op€ratng Revenues
Oper.ting Erpcnr$
Salaries of Personnel
Fnnge Benefts
Contractual ServEes
Printing and BiMing
Advertising
Utlitres
Communications
lnsuranc€
Leas€r'Rent ot Equipment
Travel and Training
Miscellaneous
Misc€llaneous Crediis
Material3 and Supplaes
Depreciation
Capital
lnterest Obligations
Bond Costs
Contingency
Total Operating Expenses
lncome (lo!3)
City of S.lem, Virginia
Sewar Fund
Stetdn€nt of Oporaiion3
For Nine month3 Ending Lrch 31,2017
Cunent Year Current Year % otBudget Ysar lo Date Budgsi
s 7.041,000 $ 5.017.925 71%1.100,938 124,220 11%
6.1.11.938
52.907
334.985
3.994.855
3.000
1.000
4,000
9,050
20.100
3.000
7,800
33.907
(325,000)
78.000
1.09.1.567
1.6E0.E56
678.9'r l
5,142,144. 63%
361.1 26 69%177.U7 53%
2.OO2.729 50%801 27%1,152 115%
2.709 68%4.338 48%
6.392 32%-0%
3,523 45*24iU 72%(175,129) s%55.533 71%
711.91 0%
858,917 78%167,796 1't%
Pnor Year
Year lo Oate
s 5,187,606
91,178
_t4gy_
326,592
174.836
2.763.928
626
249
2.4E7
2.532
5,622
1 .771
23.423
1227.O91\
63.252
438.154
226,276
8.223_
Variance
E (169.681)
33,041
(136.640)
34,535
2.812
(761.199)
175
903
222
1.806
771
1.753
961
51.962
(7 .7191
714,541
120,763
(38.4E1)
lE.223l
6,141,938 1,226,481
s - E 915,663
52% 3,810,879 415,602
s 1,467,90s g (552.2121
Prior Year
Year to Oate
Schedule K
Vanance
Curent Year
Budgei
$ 410.m0
1,060,m0
163,278
141.m0
67.500
29.285
576.980
soo 000
Current Year
Year to Date
s 332.726
975.525
133 458
134.895
47 214
9.313
569,351
%o,
BrJdgol
81%
92%
E2%
96%
7M
32%
o%
9S%
0%
City ol Selem, Virginia
S.lom CiYic Ccnt r
Statomont of Operrtions
For Nine onthr Ending Lrrch 31, 2017
Oparating Rcvanua!
Showgrentals
Box office shows
Calenng and concessDns
Merchandse and @mmissions
statE advertsng
Miscellaneous income
NCAA events
Salem Farr
Blue Ridge Music Festval
Total Operatng Revenues
Opcr.iing Erp.nscr
Salari€s of personnel
Fnnge benefits
Marntenaoce and contractual services
Printing and binding
Advertising
Utrlrtres
Communications
lnsurance
Travel and training
Miscellan6ous
Show expense
NCAA expense
Fair 2016 expense
Blue Rdge Musc Festrval
Matenals and supplres
Depreciaton
Captal
Total Operating Expenses
lnconic (1o.3) 8.toru Tnnri.l!
Transters
lncomo (loer)
2,948,043 2,202,487 2,425,918 (223.4311
s 300,338
1.115.287
125.937
118.835
39.091
4.353
't17.477
572.350
22fi
$ 32.388
(139,761)
7 .521
16.060
8.126
4.960
('t47.477\
(2,999)
(2.2il1
929,537
343.595
169,040
2.5@
40.000
24f.285
24.M
17.OOO
15,500
60,302
1.'l60.mo
420.500
490.OOO
46, 150
805,304
276.330
145.627
3.563
27 .718
213.794
16.54s
15.109
4.4fi
40,435
843.997
432.307
27,n;
23f,.702
E7%
72%
86%
143%
69%
86%
68%
89%
29%
67%
73%
ooh
00h
0%
60%
0%
0%
767.996
296 620
104,926
809
34 670
1U,422
20 258
15.673
17.7U
42.214
979.136
217 .453
428,803
30.892
37.308
.2o.2911
40,701
2.714
(6,952)
29,372
(3.714)
(564)
(13,328)
(1.779].
(135,136)
1217 ,453J
3,s03
(3,161)
2*.702
4,006,E09 3.069,619
(1.058.766) (887,132)
1.058.766 1.058,766
$ $ 171 ,634
77o/o 3.14'1,657 (52,038)
(715.739) (171,393)
1@% 1,123,670 (64,904)
-9-191991- -g---l4q3ezr
Cunent Year
Budget
s 698.578
148.500
47.000
16,000
910,076
225,724
90,599
12,500
1,000
13,000
850
225
151 ,012
183,208
Current Year
Year to Oate
ok ol
Budget
uo/o
106,0/o
54%
28%
Prior Year
Year to Oate
t 490,877
129.178
35.928
6,914
178,259
60,456
10,948
11.033
614
102.525
137.325
Schedul€ L
Variance
s (,1..,511)
28,914
( 10,527)
(2.470\
10,315
(6,712)
(227)
149
919
(s1)
658
(5,619)
2,948
City of S.lem, Virginia
Sal6m Cataring and Concessions
Statement of Operation3
For Nin€ fonthr Ending .rch 31,2017
Op.rating Rovonues:
Cat.ring
Concessions
Moyer Concessions
Salem High Concessions
Toial Operating Revenues
Oporating Expon.s:
Caterino
Salaries of personnel
Fringe benefts
Contractual services
Printing and banding
Laundry and Cleaning
Communications
Travel and training
Miscellaneous
Materials and supplies
Depreciation
Capital
Total Catering Exp€nses
Concessions
Salaries of Personnel
Fringe Benefis
Miscellaneous
Materials and Supplies
Total Concessions Expenses
irovgr Concessbns
Salaries of Personnel
Fringe Bonofits
Contraclual services
Misc€llaneous
Materials and Supplies
Total Moyer Expenses
Sa/em HroD Concsssbns
Salaries of Personnel
Fringe Benrfits
Miscellaneous
Materials and Supplies
Total Salem Hlgh Exp€ns€s
lncomo (lo.3l
$ 446,366
15E,091
25,102
1,444
634,303
1EE,574
53.744
10.722
't49
11,952
56.1
103,194
131,706
2,948
700k 662,896 (28,594)
uoh
59%
86%
15%
92"/o
6606
0o/o
68%
72o/o
0"h
00k
678,118
48.069
12,591
51,700
35,500
147, E60
32.905
10.'108
2,500
6,750
14,500
66,763
10,663
3,304
300
2,850
17 ,337
$-
503,552
71,859
18,800
55,236
12,052
187,946
19,686
4.770
1,875
3,816
8,233
38,379
5,0E2
1,228
789
74%
1490h
't490/0
107o/n
1 18%
1270h
501,161
48,967
15.765
44,690
30,503
139,926
19,783
5.180
1.875
5,479
8,379
40,695
2,391
22,89r
3,035
10,5116
1 't,548
,rE,020
(e7)
(410)
(1,663)
(1/t6)
(2,315)
(3.9s3)
(r,294)
( r,339)
60%
17o/o
75%
570/o
57%
47%
370/o
00k
28%
9,035
2,522
2,128
7,099
$ ( 102.67a)
410h 13,585 (6,566)
$ (32,570) l......lz9gl
City ot S.l.m, Virginla
Haalth lniuaance Fund
St t ment of Rev.nu6 tnd Err.nae.
Fo. ]{he monlh. Endlng liLrch 31,2017
Cun?nt Yaar PercentBud$t Ye.. to D.ts to O.ts
s - 5 2!615?9
Schedule M
Pdo, Yo.r
Yaar to Dab Varianca
s ?21J51 T 1$S2rSBeginning Fund Balance
Revenue
Prsmiums Paid - City
Premiums Paid - School
Premiums Paid - Ratirees
lnlerest Earnings
Misc€llaneous
Total Year lo Date Revenues
Expenses
Claims
Employee Health Clinic
Consulting Servic€s
Mis@llaneous
Total Year to Oale Expenses
Ending Fund Balanco
s,633,000
4,690,@0
735.000
1t.900
11,069,900
't0,520,733
416.547
72.300
71% 4.07r.961
6906 3.327,739
80% 597,925
139% 7,967
3,999.585
3,255.296
585.390
16.559
(72,3761
(72,4,!,3)
(12.535)
8,592
ooh 60 (80)
710h 8,005,672 (14E,E42)
660/0 6,889,227 48,818
690/6 309.706 (23.2231
1l0/o 21,192 10.750
60,320 39.789 66% 60,296 (20,507)
7,296,259
3 2,623,150
660/6 7,280,421 15.838
S 1,4/a9.602 t 1,173,5a8
7,856,830
6,938.045
286,483
31 .912
1r.069,900
3-
rEM#str-
DATE 1-2$-lrl
RTGHTOF-E}ITRY AT{D OPT|ON AGREETEiIT FOR PURCHASE OF LAiID
THIS RIGHT-OF-ENTRY AND OPTION AGREEMENT, made and ent€rod lnto Uie / )#
aav ot kf ,, I .20't7,by ara11a;tt*n O,,tzn l/ognan IndMdual, ('Ownc4 and
the CITY OF SALEI, VlRGlNlA, a municipal corporation organized and exieting und€r th€ lawr
of the Commonwealth of Mrginia ("@lon€€'),
W!TNESEETH:
WHEREAS, the Oivner ie the fee simplo orrn6r of the folloring real prop€rty, together
with all improvomonts tharson and all rlghtr and eppurtenencea thereur*o pertaining, all of
which h6reinaff6r rcfcrcd to E! th6 "Proporty in thc Floodva/:
Bcglnnlng at Point No. 1, bcing thc northcadcrly comcr of Tax Parcal 180-$2,
along West Riverride Dr., thence S 11'04'20'W, 135.38 feet, along eestorly
line of aaid Par6l to Point 2, thencc N 89' 20' 23' W 105.00 fcct to Point 3,
thcnce N 11" U' 20' E 1'l.1.& fcct along thc weaterly line of aaid Parcal to a
point on the Rightof-Way of West Rivolsi& Dr., ihencc with said Right-of-Way,
N 68'57'02' E, 8.03 feet, thcnca wlth rald Right-of-Way, on a curve to the right
having e redius of 1,013.69 fcct, and arc lcngilh of 108.61 fo6t and whose chord
bearu N 72' 01' 12'E, 108.56 foct, to thc point of bcginning, containing 12,466
squert fcrt (0.29 Aorl!).
Being a portion of Offcial City ot Salem Tex Map No. 18G.5-2, located at 1331
Southgicle Dr., Salem, VA
WHEREAS, the Optionee iB inter6st6d in purdrasing th€ Property pending the r6ulb of
a t6st drilling to d€iermine the suitability of the Proporty as a water well; drd
WHEREAS, the Optione dosires to entBr Into a right-of-enfy agr€ement with Owner to
conduci the afor€montioned te8tB and an option agreement for th6 purcfias€ of tho Prop€rty
1
pending the results of such tests.
NOW, THEREFORE, lN CONSIDERATION of the mutual covenants and agreements
contained herein, the parties agree and covenant as follows:
1. Property being sold will represent the minimum well lot dimensions possible as
required by the Virginia Department of Health and the City of Salem as shown on Exhibit #'l-
Proposed Portion of "Property in the Floodway" to Option.
2. ln consideration of the sum of FIVE HUNDRED AND NO/00 DOLLARS
($500.00) cash in hand paid, and other good and valuable consideration, the receipt of all of
which is hereby acknowledged by the Owner, the Owner grants to the Optionee the sole and
exclusive option to purchase the Property for a purchase price of THREE THOUSAND TWO
HUNDRED ANO NO/100 DOLLARS ($3,200.00), free and clear of all liens and encumbrances.
3. lf the Optionee exercises this option to purchase, the consideration for this option
to purchase shall be applied to the purchase price. lf the Optionee does not exercise this option
to purchase, the consideration for the option to purchase shall be retained by the Owner.
4. The exercise of the option to purchase the Property shall be made by Optionee
delivering written notice of the exercise of the option to Owner not later than 5:00 p.m. on the
November 1,20'17. The written notice shall be deemed to have been delivered to Owner upon
delivery of the written notice to Owner at the above address by either certifted mail, retum
receipt requested, or by an overnight mail service. lf Buyer does not exercise this Option
Agreement by the aforesaid date, this option agreement shall be considered null, void and of no
effect. The conveyance of the Property shall be ftee and clear of all liens and encumbrances.
Notwithstanding the foregoing, this Agreement shall terminate with no further obligalions of the
parties hereto should the Owner be unable to obtain a release from its cunent Deed of Trust
lien.
5. This Option Agreement shall be conditioned upon Salem City Council approving
the purchase of the Property and the results of a test water well being drilled upon the Property.
2
6. ln conneclion with the aforementioned test water well, and in order to survey the
Property the Owner hereby grants to the Optionee, its agents and assigns, a permlt or right-of-
entry upon the Property and upon following terms and conditions:
a. The Owner hereby grants to the Optionee an inevocable right to
enter upon the Prop€rty at any time within a period of six (6) months
from the date of this instrument, in order to survey, make test borings
and drillings and carry out such other exploratory work as may be
necessary to complete the investigation being made of the Property by
the Optionee.
b. This permit includes the right of ingress and egress on other
lands of the Owner not described herein, provided such ingress and
egress is necessary and not otheMise conveniently available to the
Optionee.
c. All tools, equipment, and other property taken upon or placed
upon the Property by the Optionee shall remain the property of the
Optionee and may be removed by the Optionee at any time within a
reasonable period afier the expiration of this permit or right.of-entry.
d. lf any action of the Optionee's employees or agents in the
exercise of this right-of-entry results in damage to the Property, the
Optionee will, at its option, either repair such damage or make an
appropriate settlement with the ol ner. ln no event shall such repair or
settlement exceed the fair market value of the fee interest of the Property
at the time immediately preceding such damage. The Optionee's liability
under this clause may not exceed appropriations available for such
payment and nothing contained in this agreement may be considered as
implying that City Council will at a later date appopriate funds sufficient
to meet deficiencies. The provisions of this clause are without prejudice
to any rights the owner may have to make a claim under applicable laws
for any other damages than provided herein.
e. The Optionee shall make reasonable landscape improvements,
that are satisfactory to the Owner, to or around any water well related
structure or equipment that is placed or built on the property.
7 . lf Optionee exercises right to purchase, Optionee shall establish a point of
ingress/egress for the benefit of the Owner to the Property trom West Riverside Drive.
L Owner and Optionee each wanant and represent to the other that their sole
contact with the other or with the Property regarding this transaction has been directly between
themselves and their employees. Owner and Optionee wanant and represent that no persion or
3
entity can properly claim a right to a commission, finde/s fee, or other compensation based
upon contracts or understandings between such claimant and Optionee and Owner with respect
to the transaction contemplated by this Agreement. Optionee and Orvner each agrees to
indemnify the other against and to hold it harmless from any claim, loss, cost, or expense,
including, without limitation, attomeys'fees resuhing from any claim for a commission, findeds
fee, or other compensation by any person or entity based upon such contracts or
understandings.
9. Notices and other conespondence regarding this option agreement shall be
delivered to the following addresses, or to such other or additional addresses as the parties may
designate in writing:
Owner: DQ Properties, LLC.
615 Mt Vemon Ave
Salem, VA 24153
Optionee: City of Salem
1 14 North Broad St.
Salem, Mrginia 24153
'10. This option agreement may not be assigned by either party without the prior
written consent of the other. Subject to the foregoing provision, this option agreement shall be
binding upon and inure to the benefrt of and be binding upon the parties' respec{ive successors
and assigns.
11. This agreement represents the entire understanding between the parties, and
there are no collateral or oral agreements or understandings, and this agreement shall not be
modified unless in writing of equal formality signed by both parties.
12. This agreement shall be construed according to the laws of the Commonwealth
of Virginia.
13. The Owner consents to the jurisdiction of the court of the Commonwealth of
Virginia in the City of Salem 23d Judicial Circuit Court of Mrginia in connection with any action,
suit or other proceeding arising out of or relatlng to this option agreement and further waives
4
and agrees not to assert in any such ac,tion, suit or proceeding, that it is not personally subject
to the jurisdiction of such courts, that the aclion, suit or proceeding, is brought in an
inconvenient forum or that the venue of the action, suit or proceeding is improper.
lN WTNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year hereinabove written:
ATTEST:CITY OF SALEM, VIRGINIA
coMMorwEALTH OFVtRGtNtA S
crry oF SALEM u s ro-wit:
The foregoing instrument was acknowledged before me this _day of
2017 by Kevin S. Boggess, City Manager for the City of Salem, for and on behalf of said
municipal corporation.
My Commission expires:
t SEAL ]
By
Its
,:/e^T
ffi.TreffiF
COMMON^/EALTH OF VIRGINIA S
g To-Wit:
crTY oF SALEM s
instrument was acknowledged before me this/4 day of
My commission expres: 5 - 3l - 17
ISEAL I
Approved as to Form:
City Aftomey
'i I ,zo'n oy
5
(T*ff)
WY Draft 4.72+.t'1
coNrnecr ron sarg/prrRcrlAss or REAL nsrarE
THIS CONTRACT made and entered this day of _,
201'7, by and between CITY OE SALEM, VIRGINIA, a municipal
corporatlon (herein "SeIler") and SALEM BODY SHOP, LLC (herein
ttPurchasertt ) .
-WITNESSETH-
hiHEREAS, the Sell-er 1s the fee simple owner of a 0.358 acre
parcel sj-tuate at B W. Main Street, in the City of SaIem,
Virginia, and designated as City of Salem Tax Map #L22-6-8, and
the Purchaser wishes to purchase said 0.358 acre parcel.
NOW, THEREFORE, the Sel1er and purchaser hereby agree as
follows:
|TEM# sB
DATE Ll-2-+-ln
1.Premises: SeIIer agrees to selI and Purchaser agrees
to purchase a certain 0.358 acre parcel situate at B West Main
Street in the City of Sa1em, Virginia, and designated as City of
Salem Tax Map #L22-6-8 (herein referred to as the "Premises").
2.Purchase Price: The purchase prj-ce for the Premises
shaIl be One Hundred Sixty Thousand and 00/ 100 Dol-l-ars
($160,000.00) (herej-n "Purchase Price") The Purchase Price shall-
be payable in the followj-ng manner:
a. One Thousand and 00/100 Doll_ars (91,000.00) as
earnest money, to be deposited with Se11er, the
receipt of which is hereby acknowledged by Sel-l-er
upon the execution of this Contract.
{L],588 / 67 / 00L05917. Doc, 4 )
b. The balance of the Purchase price as adjusted at
closing pursuant to the terms hereof payable in
cash, or by certified cashier's check at the
Closing.
3. Conveyance: On the date of settlement, the SeIl-er
shall convey the Premises to Purchaser by General Warranty Deed,
free and clear of encumbrances, and subject to existing public
highways and streets, building, use, and occupancy restrlctions,
reservations, easements, exceptions, covenants, conditions, and
restrictions, whether or not of record, which do not materially
restrict or impact the Purchaser's intended use of the Premises,
and zoning and other governmental regulations and restrictions,
and non-deIi-nquent real estate taxes and assessments, easements
for electric distribution and/or transmission and communicatlon
Iines and/or rel-ated facilities and appurtenances reserved by
SelIer, and the conditions and restrictions contained j-n this
agreement and to such state of facts as an examj-nation of the
Premises and/or an accurate survey of the Premises would reveal.
4. Closing. The date for delivery of the Deed and the
crosing of this transaction ("c1osing") shall- be on or before
from the date
the parties.
agreeable to
, 20L7; or at such other date within sixty (60) days
of this Contract as may be agreed upon in writing by
The Closing shalI be held at a place mutually
the parties.
{L1588 / 6'7 / 00105917. Doc; 4 )
q Possession:SeIIer shal-l deliver possession and
Closing, unlessoccupancy of the Premises to Purchaser at
otherwise agreed upon by the parties in writing.
6. Taxes and Assessments:The Premises are currently
exempt from real estate taxation. Real estate taxes wil-l- begin to
accrue to the Purchaser at Closing, and the Purchaser shall become
responsible for al-l- of said real- estate taxes at that time.
1. Title Examination: Purchaser shall be responsible for
conducting and paying for such examination of the title to the
Premises as Purchaser deems appropriate. If Purchaser determines
that title to the Premises is not marketable and free from
encumbrances (determined in accordance with the title examination
standards of the Virginia State Bar Association) except public
highways, easements, covenants, conditions, restrictions and
reservations of record as of the date of this Contract which do
not materially restrict or impact the Purchaser's intended use of
the Property, and zoning and other governmental regulations and
restrictions, and non-delinquent real estate taxes and
assessments, and to such state of facts as an accurate survey and
inspection of the Premises shalI reveal, then Purchaser shaIl
notify serler within thirty (30) days of the date of execution of
this Contract, specifying such title matters to which Purchaser
ob;ects. If Purchaser fails to notify SeIIer within such thirty
(301 day period of any objectj-ons to title, then Purchaser shall-
be deemed to have elected to waive any such objections and to
{LL588/67 /001-0591-7. Doc;4 }
accept title to the Premises and proceed to purchase the Premises
pursuant to the terms of this Contract. rf the purchaser gives
Sel1er notice of a title objection within said thirty (30) day
period which renders title unmarketabl-e or materially restricts or
impacts Purchaser's intended use, in Purchaser, s sole discretion,
in accordance with the provisions of this Contract, then SeIl-er
shall have a period of thirty (30) days, or such additional time
as permitted by Purchaser in writing to correct such defect and
the date of Closing shal-l be extended for such period of time to
correct said defect. rn the event sell-er fails or refuses to
correct such defect, within said period, either party may, at its
optj-on, terminate this Contract, and SeIler shal-I return their
earnest money deposit to the Purchaser; provided that in the event
SeIIer elects to terminate the Contract, Purchaser shalI have five
(5) days following receipt of written notice of Sel-ler's efection
to do so to notify Seller in writing that Purchaser shall waive
the defect, whether one or more, and proceed to Closing in which
case the Contract shalI not terminate.
B. Inspection: Seller agrees to permit Purchaser to enter
the Premises at reasonable times to survey or inspect the
Premises, or to make soil tests, engineering and/or topographical
surveys, and such other studies as the purchaser may deem
necessary or advisabl-e to determine the acceptability of the
Premises for use by the Purchaser. The right to enter the
Premises shall be at the sol-e risk and expense of the Purchaser,
{1L588 / 6'7 /00105917. Doc, 4 i
and the Purchaser agrees to indemnify, defend, and hold SeIl-er
harml-ess from any and al-I personal injury, including death, 1oss,
liability, claims, and expense whatsoever (including reasonable
attorneyrs fees) arising out of the acts of Purchaser, or its
agents, servants, employees or designees on the Premises, except
where caused by the gross neglj-gence of the Seller, its agents,
servants and employees. If the Purchaser, in its sole dj-scretion,
determines within thirty (30) days of the date of this Contract
that the Premises is unacceptable for its use due to an
unsatisfactory site condition, the Purchaser may terminate this
Contract by giving Seller written notice thereof within five (5)
days after the conclusion of such thirty (30) day period. In the
event the Purchaser fail-s to so notify the SeIIer, or if it closes
the acquisition of the Premises, Purchaser shall be deemed to have
waived any objection hereunder.
9. Repurchase Option: SeIIer retains the right and option
and Purchaser conveys a rlght and option to the Sel-Ier to
repurchase the Premises should Purchaser fail to obtain a Iand
disturbance permit and a building permit within twe.l-ve (L2) months
from Closing or should Purchaser fail to substantially complete
renovation and construction in accordance with the reservations,
restrj-ctions and covenants hereinafter provided within twenty-four
(24) months of the issuance of such permj_ts (herein "Option
Repurchase Date"). The Seller may exercise this repurchase option
by notifying Purchaser within sixty (60) days of the Option
1L1588/67 /0010s917. Doc;4 )
Repurchase Date. The Seller shal1 then consummate the repurchase
within thirty (30) days after such exercise.
The repurchase pri-ce should the SeLler exercise its
repurchase option shafl be One Hundred Sixty Thousand and 00/100
Dollars ($160,000.00) and such reconveyance sha1l be free of aII
Iiens and encumbrances. The provisions of this section shaII
survive closing and shall be included in the Deed of conveyance
from the Seller to the Purchaser.The Sel-Ler agrees to
subordinate its repurchase option to the lien of the Purchaser's
first Iien deed of trust if required by the Purchaser's lender.
Upon satisfaction of the conditions herein, the Seller shal,I
execute an appropri-ate instrument terminating this repurchase
option. These provisions shafl fikewise survive closing.
10, Reservations Restri-ctions and Covenants:The
conveyance of the Premises is expressly subject to the fol-l-owing
reservations, restrictj-ons and covenants which such reservations,
restrictions and covenants shal,l survive cl-osing and run with the
Iand and shalf be appropriatefy noted in the Deed of conveyance to
the Purchaser as fol-l-ows:
r:\ -ha exterior of rhe buiLdinq shall not be
materiaflv altere
SeIIer, which cons
condirioned or del
accordance with th a
1115 88 /67 /0 0105917 . DOC;4 )
Oepartment of Uist
Eellerl
:(Ea) The Purchaser shal1 construct and renovate the
structure on the Premlses to provide no fewer than ten (10)
residential- units and such residential units shall- be
substantially completed by the Option Repurchase Date._____In_lhe
event at least ten (
Option nepurcnase
and of no further force and effect.
(sb) The space located on the first fl-oor of the
building on the Premises adjacent to Main Street sha1l be only
used for commercial purposes, provj-ded that the actual square
footage of such space shall- be determined by the Purchaser 1n its
sol-e discretion.
(d) The Purchaser s
approvat, wnicn ap
conOitionea or ael
detailing the reno
ftne "Pfans"t. I
comptetea in suUsta
shall- be deemed satisfied and of no further force and effect.
11. Conditions of SaIe: The sal-e of the Premlses shall be
contingent upon and subject to the following:
lLt588 / 67 /0010s917. Doc; 4 )
1
(a) The execution of a mutually agreeable Performance
Agreement between the Sel1er, Purchaser, and Economj-c Development
Authority of the City of Salem, Virginia.
(b) The Purchaser obtaining a suitabl_e and
satj-sfactory construction loan commitment from a prj-vate Iending
institution and the Purchaser obtainlng a suitabre and
satisfactory permanent loan commitment from the Economic
Development Authority of the City of Salem, Virginia.
L2. Environmental Conditions:Purchaser mdy, at its
option, conduct an environmental assessment of the Premises. The
cost of such environmental- assessment shal-I be borne solery by
Purchaser. Purchaser and Purchaser's agents and contractors shall
be entitled to access to the Premises at reasonable times to
undertake an assessment of the Premises. Purchaser shall promptly
provide Sel-Ier with a copy of any such environmental assessment,
and any other written documents associated therewith. Purchaser
agrees to indemnif y and hold SeI.l-er harmless f rom any and all
Ioss, liability, claims and expense (including reasonable
attorney's fees) arj-sing out of the acts of Purchaser or its
agents and contractors on the Premises. Purchaser further agrees
to reimburse SeIIer for any physical damage caused by Purchaser or
its agents or contractors while on the Premises. rf Purchaser, in
its sore discretion, determines within said thirty (30) day period
that the environmental assessment of the Premises is unacceptable,
then either party may terminate this Contract and SeIIer shall
lIt588 / 61 / 00105917. Doc; 4 )
B
return the earnest money to purchaser. purchaser hereby agrees
that Purchaser shall keep confidential- the results of the above
reference environmental assessment. Purchaser agrees that the
results of any environmental- assessment shal-1 not be released to
any governmental agency or entity or any other third party without
the prior written consent of Selrer, except where expressly
required by law. Seller has no knowledge of or reason to bel-ieve
there exj-sts on the Premises any soil, surface or ground water, or
other contamination to the Premises, and to the best of Sell-er's
knowredge, no environmental- l-iens, restrictions, notification or
conditions regarding the release, treatment, storage or disposal
of hazardous substances or petroleum products have been clalmed or
threatened rerating to the Premises. Selrer shalr provide to
Purchaser copies of any environmental tests and studies pertaining
to the premises that it has in its possession.
The parties hereto acknowledge that the Premises are
situate within the flood zone as determined by the Federal
Emergency Management Administratlon.
13. Risk of Loss: Risk of Ioss to the premises from fire
or other casualty or by reason of condemnation shall be borne by
sel-rer until the closing, provided that if the premises are
damaged or destroyed by fire or other casualty and not repaired
and restored by Selrer to as good a conditj-on as it was prior to
such casualty r or if a portion of the Premises are taken through
condemnation proceedings or are transferred voluntarily in Iieu
{L1.588 / 67 /001-05917. Doc, 4 }
thereof, the Purchaser, at its option, may rescind this contract,
in which event aIl parties hereto shall be released from aII
riability hereunder and any deposit paid by Purchaser to Sel-rer
shall be immedi-ately returned to purchaser.
14. Default: In the event Purchaser refuses to consummate
the purchase hereunder or otherwise breaches this Contract, except
as provided under Termination for Cause and paragraphs (3), (j) ,
(B), (11) and (72) hereof, then Seller may retain any deposit or
earnest money pald to SeIler without prejudlce to any rights
Sell-er may have as a resul-t of such action by purchaser.
15. Termination for Cause: ff this Contract is terminated
or cancel-Ied as provided herein, this Contract shall be null and
void, and SelIer shaII promptly refund purchaser's deposit or
earnest money and aII parties shall- be rel-ieved from any further
obligation hereunder.
15. Time of the Essence: Time is expressly declared to be
of the essence in this Contract, unless the parties otherwise
agree in writing.
L'7 . Entire Agreement: The parties acknowledge and agree
that this Contract constitutes their entire agreement and that no
oral or implied agreement exists. This Contract shall be binding
upon their respective heirs, Iegal representatlves, successors and
assigns, and the covenants contaj-ned herein shall survj-ve Closing
of this transaction.
\LL588 / 67 / 001-0s917.Doc, 4 )
10
18. Broker's Fees or Commissions. The parties acknowledge
that there are no sums due for any broker's commission, consultant
or finder's fees in connection with this transaction.
19. Survival of all Representations and Warranties: The
representations, warranties, covenants, and agreements of SeIler
and Purchaser contained in this Contract shall survive the Closing
hereunder and the delivery and recordation of the Deed pursuant to
this Contract.
20. Notice: A11 notices, elections or other communications
authorized, required or permitted hereunder shal-I be made in
writing and shall be deemed given when personally delivered or
when deposited, U. S. certified or registered mail, postage
prepaid, return receipt requested and addressed as follows:
To the Seller:Kevin Boggess, City Manager
City of Salem
P.O. Box 859
Salem, VA 24153
Phone:. 540-375-3016
Salem Body Shop, LLC
Attn: Brent Cochran
601 Marshall Avenue
Roanoke, VA 24016
Phone: 540-591-6914
C. Cooper Youell-, IV
2BA Kirk Avenue, SW
Roanoke, VA 24011
Phone: 540-904-7836
To the Purchaser:
With a copy to:
11L588 / 67 /0010s917. Doc; 4 )
11
2!. Authority to Purchase: purchaser warrants to Seller
that it has fulr capacj-ty, power and authorj-ty to enter into and
perform this Contract according to its terms.
22. Expenses:Seller agrees to pay the expense of
preparing the Deed and the parties acknowledge that the SeIIer is
exempt from the recordation tax applicable to Grantors. Except as
otherwise agreed herein, all other expenses incurred by Purchaser,
in connection with this purchase, including, without limltation,
titre examination, insurance premiums, survey costs, recording
costs, Ioan and l-oan document preparation costs and fees of
Purchaser's attorney, shall be borne by purchaser.
23. Approval- by City Council: The parties hereto expressly
agree that this Contract is conditioned and contingent upon
approval by Salem City Council-.
ViITNESS the following signatures and seals:
CITY OF SALEM, VIRGINIA
By:Its:
SALEM BODY SHOP, LLC
By:
Its:
{7L588 / 67 /0010s917.Doc, 4 )
T2
[EM# 5c._
DATE t-2+- t'?
IN THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, Much27,2017:
RESOLUTION 13I2
WHEREAS, at a regularly scheduled meeting on the above date, there was presented a
design concept for the East Main Street Urban Development Area to be added to the
Comprehensive Plan ofthe City ofSalem for approval, amendment and approval, or disapproval,
as required by the provisions of Section 15.2-2226 ofthe 1950 Code of Virginia, as amended;
and
WHEREAS, notice has been given, in accordance with Section 15.2-2204 of the 1950
Code of Virginia, as amended, that a public hearing on the Comprehensive Plan shall be held at
the regularly scheduled meeting on the above date; and
WHEREAS, the public hearing, as required, has been held;
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA,
that:
In accordance with Section 15.2-223.1 ofthe Code of Virginia, the presented design
concept for the East Main Street Urban Development Area is hereby adopted, and The
Comprehensive Plan is hereby amended.
Upon a call for an aye and a nay vote, the same stood as follows:
James L. Chisom -
James A. Martin -
Jane W. Johnson -
William D. Jones -
Byron Randolph Foley -
ATTEST:
James E. Taliafeno, II
Clerk of Council
City of Salem, Virginia
UNAPPROVED MINUTES
PLANNING COMMISSION
April 12,2017
A regular meeting of the Planning commission of the city of Salem, Virginia, was held in
Council Chambers, City Hall, 114 North Broad Street, at 7:00 p.m., on April 12,2017,lhete
being present the followinB members of said Commission, to wit: Denise P. King, Reid A. Garst
ll, and N. Jackson Beamer (Vicki G. Daulton and samuel R. carter - absent); with Denise P. King,
Chair Pro Tem, presiding; together with .lames E. Taliaferro, ll, Assistant City Manager and
Executive Secretary; Charles E. Van Allman, lr., Director of Community Development; Benjamin
W. Tripp, City Planner; Vlary Ellen Wines, Zoning Administrator; and William C. Maxwell,
Assistant City Attorney; and the following business was transaded:
The March 15,2017, work session and re8ular meeting minutes were approved as
written.
ON MOTION MADE BY COMMISSIONER BEAMER, AND SECONDED BY COMMISSIONER
GARST, AND DULY CARRIED, due to the absence of the Chair, Dee KinB is hereby appointed
Chair Pro Tem for this meeting of the City of Salem Planning Commission.
ln re: Consider appointment of Vice Chair of the PlanninS Commission
WHEREAS, Chair Pro-Tem King noted under new business, the Commission was to have
a discussion to consider the appointment of a Vice chair; she is requestinS that the Commission
table this item, and she asked if there needed to be a vote; it was noted that a vote was not
needed. Therefore, this item was tabled untilthe next regular PlanninB Commission meeting.
ln re: Hold public hearinq to consider adoDting a resolution of recommendation
reqardins The East Main Str€et Urban Develooment Area (UDA) and for
amendinq ,.The Comorehensive Plan for the Citv of Salem" to reflest the
addition (continued from March 15, 2017)
WHEREAS, the Executive Secretary reported that this date and time had been set to
hold a public hearing to consider adopting resolution of recommendation regarding The East
Main Street Urban Development Area (UDA) and for amending "The Comprehensive Plan for
the City of Salem" to reflect the addition; and
WHEREAS, the Executive Secretary further reported that notice of such hearing had
been published in the March 2 and 9, 2017, issues of the 5de[I!M!.BCg!:!C! and
WHEREAS, staff noted the followinB: last year the City of Salem adopted several Urban
Development Areas (UDAS) as part of the Comprehensive Plan, one of which is this portion of
East Main Street; lJrban Development Areas identify areas that have transportation needs
where the locality wishes to direct state transportation dollars; more than a decade ago, the
city worked with VDOT on a road design for East Main Street that would have been five lanes:
two in each direction with a center turn lane between Electric Road and Lynchburg Turnpike
and three traffic lights; ultimately, this design was rejected because it would have required a
significant amount of right of way from the adjacent property owners; the city and VDOT then
reimagined the road as a smaller, multimodal transportation corridor, one with a lane in each
direction, a center turn lane the entire len8th, and bicycle and pedestrian amenities like a
greenway, sidewalks, bike lanes, and an attractive streetscape; late last year Salem was
awarded technical assistance from the state to help us create new concepts for the area in a
multimodal manner that works with the planned road projectj this concept would position East
Main Street as more of an extension of downtown, than as a hiBhway-oriented commercial
area like West Main Street; and
WHEREAS, Ben Tripp, City Planner, appeared before the Commission explaining the
resolution of recommendation regarding the East Main Street Urban Development Area (UDA)
and for amending "The Comprehensive Plan for the City of Salem" to reflect the addition; he
noted that the consultant the City has been workin8 with Dena Rhodeside of Rhodeside &
Harwell was in attendance at the meeting; he noted that for the record that there was no one
in attendance in the audience; the City designated three urban development areas a few years
ago, one in downtown, one on East Main Street and one on Apperson Drive; and
WHEREAS, Dena Rhodeside of Rhodeside & Harwell, Alexandria, Virginia, appeared
before the Commission; she noted that was here to discuss the Urban Development Area for
East Main Street, which came out ofthe earlier study that designated three urban development
areas for Salem; she stated these areas were selected originally as future growth areas because
it was quite evident when they were working on this that the downtown was the heart of
Salem, and there were many efforts going on at the time to look at opportunities for
strengthening the downtown; they felt that these urban development areas in the downtown
and on either side of the downtown would serve to strengthen thosej the areas are walkable to
the downtown, and they are also areas that have different characters then the downtown but
could be complimentary to it and to its economic development; she further discussed the East
Main Street Urban Development Area (UDA) in detail, including residential areas, shopping and
business areas, and also green space; and
WHEREAS, Commissioner Garst asked if she had a estimate of the number of new
residents the area would be able to accommodate; Mrs. Rhodeside noted they have not
2
counted the number of new residents because they believe as buildings transfer from
commercial to other uses that there could be opportunities to expand the concepts shown on
the plan; so, they have not looked at exact numbers; Mr. Tripp noted that a lot of this will
depend on what kind of density the City chooses for where; if we decide that it is appropriate
for apartments, this may be very dense and have a lot of residents; but if we decide it is more
of a single family detached form, then this would be a lot less on a per acre basis; the plan is a
concept and shows us possibilities ofwhat we could do with the area; and
WHEREAS, Mrs. Rhodeside noted that the concept also shows what would be the low
hanging fruit - what is available in the shofter term for redevelopmentj further, there could be
additional parcels that come up which could be developed in the future depending on the
character, the topography, what is around it, and the market would dictate how dense it should
be; and
WHEREAS, Mrs. Rhodeside further discussed the walkability study ofthe plan; and there
was further discussion re8arding the studyj and
WHEREAS, Commissioner Beamer noted that the concept is based on VDOT rebuildinS
East Main Street from Lynchburg Turnpike to basically Kesler Mill Road, and there would be
sidewalks at least on one side of the road; Mr. Tripp noted that the concept for the East Main
Street road project has a 5' sidewalk on one side and a 10' sidewalk on the other side;
Commissioner Beamer noted that East Main Street is currently unsafe for walking; and
WHEREAS, no other person(s) appeared related to said request;
ON MOTION MADE BY COMMISSIONER BEAMER, SECONDED BY COMIV]ISSIONER
GARST, AND DULY CARRIED, the request to consider adopting a resolution of recommendation
regarding The East Main Street Urban Development Area (UDA) and for amending "The
Comprehensive Plan for the City of Salem" to reflect the addition be approved - the roll call
vote: all present - aye.
There being no further business to come before the Commission, the same on motion
adjourned at 7:24 p.m.
Chair Pro-Tem
Executive Secretary
3
CITY OF SALEM
PLANNING COMMISSION
ITEM #3
STAFF REPORT
Prepared by:
City Administrative Staff
Meeting Date:
March 15,2017
Report prepared:
March 9.2017
RE: Hold public hearing to consider adopting resolution of recommendation regarding The
East Main Street Urban Development Area (UDA) plan and for amending "The
Comprehensive Plan for the City of Salem" to reflect the addition.
BACKGROUND INFORMATION:
Last year the City of Salem adopted several Urban Development Areas (UDAS) as part of the
Comprehensive Plan, one of which is this portion of East Main Street. Urban Development Areas
identify areas that have transportation needs where the locality wishes to direct state
transportation dollars.
More than a decade ago, the city worked with VDOT on a road design for East Main Street that
would have been five lanes: two in each direction with a center turn lane between Electric Road
and Lynchburg Turnpike and three traffic lights. Ultimately, this design was rejected because it
would have required a significant amount of right of way from the adjacent property owners. The
city and VDOT then reimagined the road as a smaller, multimodal transportation corridor, one with
a lane in each direction, a cenler turn lane the entire length, and bicycle and pedestrian amenities
like a greenway, sidewalks, bike lanes, and an attractive streetscape.
Late last year Salem was awarded technical assistance from the state to help us create new
concepts for the area in a multimodal manner that works with the planned road project. This
concept would position East Main Street as more of an extension of downtown, than as a highway-
oriented commercial area like West Main Street.
AIfEEIAI]YES:
1) Recommend approval ofthe request to City Council as submitted.
2) Recommend approval of the request with conditions not yet received.
3) Recommend denialof the request.
CITY OF SALEM, VA
On libnday, April24, 2O'17, al7:30 p.m., Sal€m City Councilwillhoh a public h€adng in th6
Council B;m, City Hall, locatod at 114 Norlh B,oad Stro€t, Sal6m, Mrginia lor ih€ purpos€
ol rocoMng publk input on the 2017-2018 Budgol.
All p6rson6 shall b€ oftered an opportunity to sp€ak and slat€ thelr vrews con@rning all
a&s of ttl€ budgot wiltlin suci reasonabl€ limo limits .s shsll bo o€lablished by City
Courrclt. persons Ooclring !o sp€ak on behaf ol othoG mu8l havo thelr narn68 plgcod on tf|e
agqnda irl acoordanca wiah regular Proc€durgs ol Salsm Clty Council. Wdtt€n @mmonls ol
inlorsdod cilizons will be rocsived by th€ City Clork p.ior to the m6€ting.
Co.nphlo copi€s ol the r€comm6nd€d budgot are availabl€ lor inspoctbn in the City
Llansger! Otfico and th€ Salem Public Library. A summary copy ol thg b{dq€t may b6
viewed on lt16 City ol Sal6m website: httpsr /ww.salemva.gov/Departmonts/Fina c6.
Th€ r€commondod budget is summadz€d as lollows:
CITY OF SALEII, VA
Rocfimondod Budgct
for Fllcal Ye6r 2017-lE
REYBIE
GdEd Fud
8€dnilE 8alarc6 - Jry 1
G6.sal Prcpdty TarB
Ols Led T0(63
Pdrnls {i Lh€n6€s
FnB ad FoabihrB
Ros!€ tdn t so oa ti,lo.Ey & Prope.ty
OrdE€6 kr Soa*r€s
Paym€nt h l-h, dTer6
Misca{anocrs
F6drB fom tho Cqrmoni ,Edth
Faaauo tun lh6 Fodsal Goldnmqlt
Tdai G€.|sal Fund
DeU Sor{ce
El{t,ic
Wa€r
S6/'s
Ciric Corns
Saldn c€iodng ard Concossio.E
Schod cornpon€nt (}|it
Tolal R€,6a!u6s All Fu.ds
L€ss Fund Trarsbrs
Totrl 15 ol TraltLr!
EXPBIIITI.IRES
Ge{l6ral Fund
GerEaal Go€rnm€it Administrdim
J.llt:lal Ad.nidstdlon
PLOlic Sabty
Prtlic Works
l-l€allh ard Wdhla
Educdiql
Parks, BoclEotifi aM Cullurd
Coanmunity Dgltlopmenl
l{on-Oopartment6l
Tolal GerEral Fund
D€t{ SerUco
, Ehctric
Wder
SoYar
Oic Ceatea
Sale,n CalerirE and Conc6sao(rs
Sch@l Co.npon€it Lhit
Total Expe.rlturos All Furlds
L6s Fund TrarEl€rs
Tot l l5t ol tr.nda.r
BECI'IIETEE'
Et LGEI An7-16
i
v,171,111
21.850.617
264.71n
122UxJ
475,676
2,S0,174
3,323,m
xx),550
r 1,293,@
5,m
i 75,16,0c1
3,962,513
39,258,300
6,721,7 t7
6,W,M
3,87,6e4
927.G6
43,213,527
t 179,712,153
(2s,418,S/8)
I 154,323,475
$ 6,1€,374
2,074,696
15,709.1n
9,889,833
2,643,560
2.,m,96
4.981,492
2,29G,160
9,157,876
$ 7s,1m,G3
3,962,513
39,258,300
6,724,71?
6,W,W
3,697,624
927.095
43,243,527
$ 179,742,1n3
(25,418,678)
j-L@l]!-
<i'.\
[EM# JP
DATE * - 2q-lrl
ATA REGULAR MEETING OF THE CITY COUNCIL OF THE CITYOF SALEM, VIRGINIA
HELD AT CITY HALL
MEETING DATE;Aptil24, 2017
AGENDA ITEM: Public Hearing on the Proposed Budget for the fiscal year 2017-2018
SUBMITTED BY: Rosemarie B. Jordan, Finance Director
SUMMARY OF INFORMATION:
This time has been set aside for a public hearing on the proposed annual budget for fiscal
yeat 2017-2018. The proposed budget was advertised in the Salem Times Register on
April '13,2017. Copies of the proposed budget have been made available to the public on
the City website http://salemva.oov/departments/finance, as well as in the City library and
in the City Manager's office.
City Staff presented the budget to City Council on March 27, 2017. City Council held a
work session on the budget on April 10,2017. fhercmainder ofthe budget process is as
follows:
. April24,2017 First reading on the budget appropriation ordinance. May 8,2017 Adoption ofthe annual budget. May 8,2017 Second reading of the budget appropriation ordinance
STAFF RECOMMENDATION:
Conduct the public hearing. No action is required by Council at this time.
ITEM # J'-
DATE +-z+-l'?
THE OPERATION OF THE CITY OF
BEGINNING .JUI,Y ]. , 2 017 , AS
AN ORDINANCE APPROPRIATING FUNDS FOR
SALEM, VIRGINIA, FOR THE FISCAL YEAR
AI,IENDED.
WHEREAS, this budgets is in accordance with Ehe provisions of
Section 8.3 of the Charter of tshe City of Sa1em, and the
applicable st.ate laws; and
WHEREAS, noted in this budget is lhe following:
. The General Fund budgeE inc]udes a lump-sum amount of
$5Oo,ooo in funding for capj-taI purchases. This amount
for general fund capital purchases will be allocated to
specific purchases as part of the budgets t ork session.
e An increase in health and dent.al insurance costs of 5t
is included in Ehe proposed budget. The projected
increase has been included in case our renewal data
caLls for an adjustmenE j-n rates. The actual increase
that will be needed will not be available untsil we
receive renewal data from Ant.hem laler in May.
Additional information will be provj-ded as soon as we
receive this dat.a.
. The proposed budget. incfudes a lump sum of $465,000 for
compensation adjustments. The City is working onfinalizing a contract wit.h a vendor for a compensatsion
and class study. Ci-ty Council will receive this reportlater this year. This funding will allow us to begin
implement.ation of any recommended changes from tshisreport.
o Elect.ric rat.es will noE see a change in the power cost
adj ustment. from 0.0015 per KwH in the proposed budgets.Elect.ric consumplion is projected tso be flat for next
year .
. The budget. includes a 3* increase in water rates and a0? increase in sewer rates to be effecEive on Januaryl, 20]-8, as proposed in the five-year rate plan from
Draper Aden and Associates.
A11 ordinances or parts of ordinances in conflict with theprovisions of Ehis ordinance be and the same are hereby repealed.
Upon a call for an aye and a nay vote, tshe same stood asfol lows :
James L. Chisom -
lTames A. Martin -
.Tane W. Johnson -William D. .Iones -
Byron Randolph Foley -
Passed:Effective:
/s/
Mayor
ATTEST :
,James E.
Clerk of
City of
'Ia.LaaIerro, tt
Counc i I
Sa1em, Virginia
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA
HELD AT CITY HALL
MEETING DATE: April24,2017
AGENDA ITEM: First Reading of the Ordinance to appropriate funds for the fiscalyear
2017-2018 budget
SUBMITTED BY: Rosemarie B. Jordan, Finance Director
SUMMARY OF INFORMATION:
The fiscal year 2017-201 I budget was presented to the Council on April 10,2017. Copiesof the budget were made available to the public on the City website
htto://www.salemva.oov/deoartments/finance, as well as in the City library and in the City
lvlanager's office. A public hearing was held on April24, 2017 to receive written and oral
comment from the public concerning the budget, and the budget will be presented for
adoption on May 8,2017.
ln addition to adopting the annual budget, the local government must appropriate the
funds. This is the first reading of the ordinance to appropriate the funds for the FY2017-
2018 budget. A second reading is scheduled for May 8, 2017, following the adoption ofthe
budget.
STAFF RECOMMENDATION:
I recommend approval of the first reading ofthe 2017-20'18 fiscal year budget appropriation
ordinance.
[Et4 #5F
DATE \-2q - \''l
ATA REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM. VIRGINIA
HELD AT CITY HALL
MEETING DATE:Aptil 24 , 2017
Request to accept and appropriate VML lnsurance Programs
(VMLIP) grant
Rosemarie B. Jordan
Director of Finance
AGENDA ITEM:
SUBMITTED BY:
SUMMARY OF INFORMATION:
VML lnsurance Programs provides risk management grants to localities each year to help
support risk management activities. The City of Salem Water Department was awarded a
grant of $4,000 to be used to purchase safety equipment used in confined spaces. The
grant does not require a match.
FISCAL IMPACT:
The $4,000 grant will allow us to purchase needed items that are not included in the
current budget.
STAFF RECOMMENDATION:
Staff recommends accepting the $4,000 grant from VMLIP and appropriating $4,000 in
Miscellaneous revenue, account 51-051 -002044640. lncrease the expendiiure budget for
Water Distribution account 5'l -05'l -0022-56008 forthe purposes stated above.
trEt\,{#5q-
DATE \'L+-IN
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA
HELD AT CITY HALL
MEETING DATE: Aprit 24,2017
AGENDA ITEM: Request to amend School Capital pOects Fund budget as
approved by the School Board on March 28, 2017
SUBMITTED BY: Rosemarie B. Jordan, Director of Finance
SUMMARY OF INFORMATION:
The School Board, at their meeting on March 28, 2017, amended the School Capital
Projects Fund. The Board approved a budget amendment of $30,345 as an additional
appropriation. The attached memo details the appropriation. These funds come from
capital reserve balance for the schools.
FISCAL IMPACT:
Staff is requesting an additional appropriation of $30,345.
STAFF RECOMMENDATION:
Staff recommends that Council approve the School Board's appropriation of 930,345 to lhe
capital pOect account listed on the attached memo.
Salem City Schoots
Additional Ctp Funded projects for Fy 2017
March 28,20i7
Summary of lssue:
This report is to request the Board to approve the proposed project for Fy 2Ol7 from the
6/30/16 fund balance. We are also requesting the funding of this project (Attachment
A). $30,345 will be used to fund site design and survey services related to the East
Salem Elementary School parking lot redesign project.
Background:
On Octobe|l l, 2016, the Board approved capital improvement projects in the amount
of $8'19,395, which left a fiscal year 2016 fund balance amount of approximately
$450,000 unappropriated at that time for emergencies or future projects. Onthe6Year
CIP list, the East Salem parking lot redesign was included. Thegoalwould beto
address general congestion of cars and buses at the school by separating bus and
parent traffic with the addition of a bus loop along the East side of the site and also
improving the layout ofthe car parking and circulation. Gay and Neel, lnc. (as a
subcontractor in our A & E contracl) was contacted to submit a proposal to provide
guidance and design ofthe best way to meet our goal of improving the parking lot flow
at this location. This funding wou ld pay for this design work.
Policy Reference:
FB, Facilities Planning
Fiscal lmpact:
At this time, a portion of unallocated fund balance funding will be categorized in
Assigned Fund Balance. The total projects anticipated during the current fiscal year
from capital reserve are estimated at $30,345 per Attachment A.
Recommended Motion:
Move approval of using $30,345 from the 6i30i2016 fund balance for site design and
survey services related to East Salem Elementary School parking lot redesign with a
request that Ciiy Council appropriate funding from the fund balance as required.
justments for New
East Salem Parkinq Lot R
Total Fund Balance Funding to be AppropriateO
Attachment A
to set up funainq for
Account Code Project OesclpUqtr Amounl
$30.345
$30,34s
rE[4# Et
DATE
r+->{-trl
ATA REGULAR MEETING OF THE CITY COUNCIL OF THE CITYOF SALEM, VIRGINIA
HELD AT CITY HALL
MEETINGDATE: Aptil24,20'17
AGENDA ITEM: Request to amend School Capital Projects Fund budget as
approved by the School Board on April 1 1, 20'17
SUBMITTED BY: Rosemarie B. Jordan, Director of Finance
SUMMARY OF INFORMATION:
The School Board, at their meeting on April 1 1, 2017, amended the School Capital Projects
Fund. The Board approved a budget amendmenl of $80,000 as an additional
appropriation. The attached memo details the appropriation. These funds come from
capital reserve balance for the schools.
FISCAL IMPACT:
Staff is requesting an additional appropriation of $80,000.
STAFF RECOMMENDATION:
Staff recommends that Council approve the School Board's appropriation of $80,000 to the
capital project account listed on the attached memo.
Salem City Schools
Additional CIP Funded Projects for FY 2017
Aptil 11, 2017
Summary of lssue:
This report is to request the Board to approve the proposed project for FY 2017 from the
6/30/'16 fund balance. Weare also requesting the funding of this project (Attachment A).
$80,000 will be used to partially pay for parts and labor to replace the chiller at East Salem
Elementary School that has stopped fully functioning (one of the two compressors has failed, if
the other fails it will leave East Salem without a functioning HVAC system). The chiller will be
replaced this summer, but in case the other compressor fails, the parts will be here and ready
to be put in place should the need present itself.
Background:
On October I 1 , 2016, the Board approved capital improvement projects in the amount of
$8'19,395, which left a fiscal year 20'16 fund balance amount of approximately $45O,OOO
unappropriated at that time for emergencies or future projects. On March '14,2017, $30,345
was appropriated for site design and survey services related to the East Salem Elementary
School parking lot redesign project, which left $419,655 in that contingency amount.
We currently have an account funded with $75,000 for the replacement of the cooling tower at
Carver that was to be completed this summer, but we will be transferring this funding to the
new account to finish payment of the chiller at East Salem at the request of City maintenance.
We can revisit the cooling tower at Carver in the September/October facilities committee
meeting to get that back on schedule for replacement. This funding transfer, along with the
appropriation being requested would pay for this replacement. The estimated cost of the parts
is $'115,000 and the estimated cost of labor is $40,000 for a total cost of $'155,000.
Policy Reference:
FB, Facilities Planning
Fiscal lmpact:
At this time, a portion of unallocated fund balance funding will be categorized in Assigned Fund
Balance. The total projects anticipated during the current fiscal yearfrom capilal reserve are
estimated at $80,000 per Attachment A.
Recommended Motion:
Move approval of using $80,000 from the 6i30i2016 fund balance for additjonal parts and labor
to replace the chiller at East Salem Elementary School with a request that City Council
appropriate funding from the fund balance as required.
Salem Citv Schools
B Adiustments for New P
in FY17 funded bv FY16 F
34-180-0205-78192
Total Fund Balance Funding to be Appropriated
At this time for Proi
Attachment A
Account Code Proiect Descriotion Amounl
Chiller Reolacement (East)$80.000
$80.000
lTEl\4 #
DATE *- ?-r+ - tl
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM,
VIRGINIA HELD AT CITY HALL
MEETING DATE:Aptil 24 , 2017
Request to accept and appropriate the VDOT Revenue
Sharing Grant for College Avenue
Rosemarie B. Jordan, Director of Finance
AGENDA ITEM:
SUBMITTED BY:
SUMMARY OF INFORMATION:
The City of Salem has been awarded $500,500 for a Revenue Sharing Project on East
Main Street and College Avenue that extends from Clay St. to Thompson Memorial
Blvd. This grant will replace and widen sidewalks, as well as improve crosswalks. The
Virginia Department of Transportation (VDOT) will administer this grant. This grant
requires a local match of $500,500. The local match of $500,000 was included in the
borrowing that closed on June21,2016. The additional $500 needed will befunded by
the operating budget in Community Development.
FISCAL IMPACT:
This grant will allow us to continue the work on the Downtown Revitalization Prolect.
STAFF RECOMMENDATION:
Staff recommends accepting the VDOT Revenue Sharing Grant of $500,500 and
appropriating $500,500 in capital projects state revenue to account 20-012-020048495
and $500,500 to the Downtown lmprovement - E l\4ain/College Ave expenditure
account 20-080-0205-54802 for the purpose stated above. Also, staff recommends
appropriating $500 to the Transfer from General Fund account 20-012-0200-49905 as
well as the Downtown lmprovement account 20-080-0205-54802. ln the General Fund,
staff recommends transferring $500 from the Community Development Engineering
Services account 'lO-O424110-53140 to the Transfer to Capital Projects account 10-
012-9100-59410.
IEM# 5i-
0ATr L1- z'{-r.1
IN THE COUNCIL OF THE CITY OF SALEI\i!, VIRGINIA, APRIL 24, 2017:
RESOLUTION 1316
A RESOLUTION granting the City Manager authority to allocate funds for any approved
revenue sharing, enhancement, locally administered and any other VDOT/locality projects.
WHEREAS, the City of Salem has many approved VDOT funded projects that will need
a signed agreement; NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SALEM THAT:
The Council of the City of Salem hereby grants authority for the City l\,ilanager to allocate
funds for any approved revenue sharing, enhancement, locally administered and any other
VDOT/locality projects.
Upon a call for an aye and a nay vote, the same stood as follows:
James A. Martin -
James D. Chisom -
Jane W. Johnson -
William D. Jones -
Byron Randolph Foley -
ATTEST:
James E. Taliaferro, ll
Clerk of Council
City of Salem, Virginia
SALEM
ITEM#5K_
VA^,E+'2+-\r..Zzz.<ttr'\
-
bpartnDnt oJ Cor,,na/,[ltg Dcr'loprn ^tE^gtnaart^g/Gls, Inspctlo s, Pla ^l^g & Zo^fitg
Ch4rL! E. Va A,Iman,.tt,, PB, ,.5, Dlrector
April 18,2017
Council of the City of Salem
Salem, VA
Dear Council Members:
The City has been approached by Roanoke Valley Broadband Authority requesting an
eaaement at 197'l AppeGon Drive for the construclion and operation of c€rtain
telecommunications facilities. An easement sketch is attach€d for your rEvisw.
Should you have any questions or need additional information or clarity, please let me
know.
Sincarely,
tJtrLrta_T
Charles E. VanAllman, Jr., PE, LS
Dir€clor
CEVjr/llp
Attachment
2l South Bruffey Street
Salem, VA 24153{869
P.O. 8ox 869 Telephoner 540-375-3032
-- -1
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-.- --\ \
--'// \ \./\\./\
-/ '- l{/F \ Ensths 3o'Rod i/- ci,roi*l^ - ,*lB**t-Hu)-1--' TuMop279-1-2.6 (Eot8oot3'Pogel'
o{\ q.. lnstrumntf 11m531--o{-k_k_
^ //'*..-{.-^
N/F
City Of Solem
Tox Mop 279-1-2.6
lnstrument, 11mm531
-T
/ --o*..-^/i: (il- *- ort..&- (9 -"-.*_o_ E ) -\ ,r*"u "T ")]_=-*_
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genw/Conc.Bo* \\"\12 \
Rs
f
38
oao
3g ...-.*
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f
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s41"51',33'W
_t_
R/W
53.27',
Utility Stotement
Per ASCE 3&02 Usirg Owlity Lml(s) A B C D, tJtility Ltrotion
Shown Hereon Wos Dettrmined Per:
(GL-C) Suryeled Locotion Of Visbh Strwturs And Correlotion With
Exbting Utility Rcrd{OL-D lnformtion).
(AL-D) Existing Wlity Recwds Sdely And/Or Verbol Recoletims.
See ASCE 3&02 Fs Complete Detoils And De*rirtims Of Quolty Levels.
1059102030
SCALE IN FEET
Legend And Abbreviotions:
Rs ' Rod Set
N/F - Now Of Formerly
D.8. . Ded Boot
Ac. . Arcre(s)
R/W . RiSht Of Woy
-
e=
-
Overheod Electricd Lrm
-EdEeOf
Powment
Sketch Showing
Proposed Fiber
Optic Eosement
Contolning
0.019 Acres
To Be Conveyed To
Roonoke Volley
Broodbond Authority
96
+/- 90 Feet To
U.S. Route 11
(Appermn Drive)
Cook Drive
(50' RQht or woy)
Proposed Fiber Optic Eosement
Areo = 0.019 Arres (820 Sq. FtJ
(Wrthin Feov), trnes)
Notes:
1. This Pht ls The Resuh Of An Actml FieU Sumy Perforrmd Septmber 2016 By Thompsm & Litto. lnc.
Surwy Persnnel. No Complete Boundory Sney Wos Perfomed h The Preporoticn Of This Pht.
2. lhe Purpoee Of This Plot ls To Crste The New Fiber Optic Lot lnterior To Tor Mop 279-1-2.6 And
Resene A Tmporory Construction Eosem€nt Across Tox Mop 279-1-2.6 For The flew Fiber Optt Lot.
3. New Fib€r Optic Lot Ljes Wthir F.E.M.A. Defined Zone X (Unshoded). This Determinotion ls Bo*d Upon
A Visuol lnsprtion Of FIRM l\,lop Number 51161C0144G, Effctive Dote Septmber 28, 2007 And Des Not
lmply Thot lhe Property Will Or W[ Not Flood.
4. All lmprorernents And Existing Eosenrents Not Showr Hereon.
Stote Plone Coordinote Toble
(Virginio - South Zone)
Corner Northing Eosting
A 3624512.165 11039002.202
B 3624535.211 11038998.554
c 3621563.67r 11039025.005
D 3624551.838 11039037.748
Proposed
Fiber Hut
THOMPSON
& LITTON
726 Auburn Avenue
Rodford, Virginio 24141
www.T-L.com
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Prepared By and Retum To:
Harwell M. Darby, Jr. (VSB #14737)
Glenn Feldmann Darby & Goodlane
P.O. Box 2887
Roanoke, Virginia 24001
Tax Parcel Numb€r: 279-l-2.6
DEED OF EASEMENT
Exemptions claimed: Grantee is exempt from recordation taxes and fees pusuant to Section 58.1-811(A)(3) and (C)(5)
ofthe Code of Virginia (1950), as amended.
This Deed of Easement (the "Easement") is made on March _, 2017 by and beween !@Q!@[
SALEM. VIRGINIA, (hereafter referred to as "Grantor" whether there is one or more entities as a
Grantor, and each such Grantor shall bejointly and severally responsible for the undertakings in this
Easement), whose address is 114North Broad Street, Salem,VA24153 and p!p[@
BROADBAND AUTHORITY, an authority created pusuant to the Virginia Wireless Service
Authorities Act, Chapter 54.1 ofTitle 15.2 ofthe Code of Virginia (1950), as amended ("Grantee"),
whose address is 601 S. Jefferson Street, Suite _, Roanoke, Virginia 24011.
Grantor is the owner of certain real estate located at 1971 Apperson Drive in the City of Salem,
Virginia, with the above tax parcel number (the "Property"). Grantee has requested that Grantor
grant and convey an easement as further described herein to Grantee for the construction and
operation of certain telecommunications facilities by Grantee.
Now, therefore, in consideration ofthe sum ofTen Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby
grant and convey with General Warranty and Engtish covenants oftitle to Grantee, its successors and
assigns, a fully paid, permanent perpetual easement to construct, erect, install, lay, use or attach to
any poles, place aerial communications lines, construct and maintain facilities (such as a "hut") and
thereafter use, operate, inspect, maintain, repair, replace, and/or remove a telecommunications
system, consisting of fiber optic lines, high speed broadband equipment, wires, cables, conduits,
wireless communications equipment, shelters, generators, facilities (such as a "hut") and other
related facilities on the ground, above ground, and subsurface fixtures, equipment, appurtenances and
facilities, including any replacements, upgrades, and improvement ofany such items (collectively,
the "Facilities") on the Property, as it exists on the date ofthis Easement and as depicted on the plat
attached hereto as Exhibit A (the "Easement Area").
Grantor further grants and conveys to Grantee, its successors and assigns, the right ofaccess over any
ofthe Grantor's above described Property or any other property of Grantor in the area in order for t}re
Grantee to access and./or use the Easement Area for any puposes provided for by this Easement,
such right to be exercised during times of actual need to access the Easement Area and construction
operation and maintenance ofthe Facilities. Such access includes the temporary use ofsuch Property
as may be needed by Grantee to accomplish any ofthe purposes ofthe Easement, including, but not
limited to uses for temporary construction purposes and/or investigation and/or testing of the
Easement Area and surrounding areas. Grantee's rights set forth above will not unreasonably
interfere with Grantor's use ofthe Properff outside the Easement Area.
Grantee shall construct the Facilities at its sole expense in accordance with applicable laws and
safety codes, and shall promptly repair any damage to the Property outside the Easement Area
directly resulting from such construction. The Facilities shall be maintained and repaired at the sole
expense of Grantee and shall remain the properry of Grantee. Grantee shall have the right to make
changes, alterations, improvements, replacements, and/or substitutions ofthe Facilities, as Grantee
may from time-to-time reasonably deem advisable, provided that such changes, alterations,
improvements, replacements, or substitutions do not unreasonably interfere with Grantor's
improvements or use of the Property outside ofthe Easement Area.
Grantor may use the Easement Area for any purpose not inconsistent with the rights hereby granted,
provided that such use does not interfere with or endanger the construction, installation, operation, or
maintenance of the Facilities or Grantee's other rights hereunder with respect to the Facilities.
Grantor convenants that there will be no underground digging and that no building or structure shall
be placed within the Easement Area without the prior written consent of Grantee. Grantee shall at all
times have the right to keep the Easement Area clear of all buildings, sfiuctures, fences, trees,
stumps, roots and undergrowth and shall have the fi.rther right to trim or fell any tree(s) outside the
Easement Area which in the opinion of Grantee constitute a hazard or may endanger the safe or
proper operation ofthe Facilities and Grantee shall have no duty or obligation to restore or replace
any such items and shall not be liable to Grantor for any damages ofany kind.
The Grantee agrees to restore and repair any actual damage to Grantor's Property outside the
Easement Area which may be directly caused by the constxuction, reconstruction, or maintenance of
Grantee's Facilities except as hereinafter provided. The Grantor agrees that the Grantee will not be
expected to restore the Property to the identical original condition, but rather as near thereto as is
practicable to the condition at the time the Easement was granted, and that the Grantor will cooperate
with the Grantee in effectuating such restoration.
Grantor and Crantee covenant and agree, for themselves and their respective successors and assigns,
to execute such other documents, and take such further actions, as may be reasonably requested by
the other in order to carry out the provisions ofthis Easement, including without limitation, in the
event the applicable local Circuit Court Clerk's Office shall refuse or otherwise fail to record this
instrument, the execution of another instrument granting the Easement herein described in form
acceptable for recording.
The Grantor acknowledges that the plans for the aforesaid Facilities as they affect the Property,
including the Easement Area, have been fully explained to Grantor or Grantor's authorized
representative. The Facilities and any other improvements placed on, under, over, or across the
Property by the Grantee or its successors or assigns and shall remain the property ofthe Grantee or
its successors or assigns. The Easement herein granted is in addition to, and not in lieu of, any
easement or right-of-way now in existence or which may be acquired in the future.
The Grantor covenants and agrees for itself, and for any heirs, successors, successors in title,
executors, legal representatives, and assigns that the consideration aforementioned and the covenants
2
herein shall be in lieu ofany and all claims to compensation and damages by reason ofthe location,
construction, operation, maintenance, or reconstruction ofor within the Easement herein granted.
The cash consideration set forth above is paid by Grantee and accepted by Grantor as full and total
payment for the rights set forth herein. All provisions of this Easement, including the benefits and
burdens, shall run with the land and be binding upon and inure to the benefit ofthe parties hereto and
their respective successors, assigns, personal representatives, lessees, permittees and licensees, and
such provisions shall be deemed to be enforceable equitable servitudes running with the land and
shall bind any person having at any time any interest or estate in the Easement Area as though such
provisions were recited and stipulated in full in each and every deed ofconveyance, license or lease
thereof or occupancy agreement pertaining thereto.
This Easement shall be construed in accordance with, and govemed by, the laws of the
Commonwealth of Virginia without regard to the application of Virginia's conflict of law provisions.
Ifthe Grantor requests in writing to Grantee that any ofthe Facilities be moved or relocated tom the
Easement Area, the Grantee, in the Grantee's sole discretion, may consider such request and deny it
or grant it in whole or in part and under such terms as the Grantee may impose, including thal the full
costs of any such action be paid in fi.rll in advance by the Grantor. Failure of the Grantee to respond
to any such request shall be deemed to be a denial ofthe request.
Grantor represents and warrants to Grantee that to the best of Grantor's knowledge that neither the
Property, which includes the Easement Area, nor any real property contiguous to the Property, nor
any predecessors in title to the Property, are in violation ofor subject to any existing, pending, or
threatened investigation or inquiry by any governmental authority or to any removal or r€medial
obligations under any Environmental Laws and that there are no environmental problems and no
solid waste problems with the Property.
ISIGNATURE PAGES TO FOLLOTV]
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
3
IN WITNESS WHEREOF, the parties have duly executed this Deed of Easement as of the
date first written above.
GRANTOR SIGNATURE:
CITY OF SALEM, VIRGINIA
By: Byron R. Foley, Mayor
ACKNOWLEDGMENT BY GRANTOR
COMMONWEALTH OF VIRGINIA
OF to wit:
was this _ day
City of of said enti
[GRANTEE SIGNATURE AND NOTARY ACKNOWLEDGMENT TO FOLLOWJ
IREMAINDER OF PAGE INTENTIONALLY LEFT BLANKJ
Bvron
Notary Public
My Commission Expires:
My Registration Number is:lsEALI
4
GRANTEE SIGNATURE:
ROANOKE VALLEY BROADBAND AUTHORITY
By:
Kevin S. Boggess, Chair
ACKNOWLEDGMENT BY GRANTEE
COMMONWEALTH OF VIRGINIA
CITY/COI-INTY OF to wit:
_th day of
[SIGNATURE PAGE TO EASEMENT AGREEMENT BETWEEN
AND THE ROANOKE VALLEY BROADBAND AUTHORITYJ
Notary Public
My Commission Expires:
My Registration Number is:IsEAL]
5
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l. Ihis Pht ls The R@h Of tu A6t@l Fleld surwy Pc.foomd Septmber 2016 By Thmpsn & Litton, trc.
Smy Pcsyrl. No Compht! Eqrtday Sorw, Wos Psfqmad ln Th! prcporouo Of This ploL
2. Ihe Axp@ Of This Bot ls To c,Ete The Nil Ftber q{c Lot tntstq To Tq Mop 279 1 2.6 ArdRffi A Trmpo.o.y Co.Etnxtin Effint As6 Tu irhp 279-1 2.6 Fr Thc No Fibr Optic Lot
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A Vruol lnsp(tion Of FlRi, Mqp itumbq 51161CO!r4G, Effxtiw Dote SGptln$er 28, 2@7 And th.5 Not
lmply Thot The Property W ll Or Will Not Flood.
4. All lmprms And E isting EemLs Not Slwn Hero
Sketch showlng
Proposed Fiber
Optic Eosement
Contoining
0.019 Acres
To Bo Conwycd To
Roonoke Volley
Broodbond Authority
Stotc Plonc Coordlnotc foblG
Mrginio - South Zonc)
Corncr Northing Eosting
3621512.165 11039002.202
B 3624535.211 1103899U.554
c 3624563.671 11039025.m5
D 3624551.838 1103903/.748
| ...
Cook Drive
(5d Rigrtr 0{ wq)
1050102030
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SCALE N FEET
N/F
Cit, Of Sohm
To t'top 279-1 2.6
lnstrumt { Um@531
Propos.d Flb.r Optlc EosMt
Arm =0O19 Acor (8?9!tFt )
(Wthin H€ry LEs,
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THOM PSO N
& LITTON
726 Auburn Avenue
Rodford, Vrginio 24141
www.T-L.com
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ITEM# 5L
DATE 'J.2.T.I.(svp@a
It shall be the duty of the school board to file its budget estimates with the city manager. The action ofthe city council on the school budget shall relate to its total only, and the school bo# shall have
authority to expend in its discretion the sum appropriated for its use; provided, that if it receives an
appropriation greater or less than its original request, it shall forthwitir revise its estimates of
expenditure and adopt appropriations in accordance therewith. The school board shall have power to
order, during the course ofthe fiscal year, transfers from one item ofappropriation to anothir;
provided, that nothing in this section shall be construed to be in confliiiwith the provisions of the
general law of the commonwealth.
Sec. 8.5. - School budget.