HomeMy WebLinkAbout9/12/2016 - City Council - Agenda -RegularSalem City Council
Work Session Agenda
September 12, 2016
City Manager’s Conference Room
City Hall
114 North Broad Street, Salem
6:00-7:30p.m.
I. Call to Order
II. Roll Call
III. Discussion Items
a. Economic Development update, Melinda Payne
IV. Façade Grant Update, Ben Tripp
V. Zoning Ordinance & Sign Ordinance changes, Mary
Ellen Wines & Ben Tripp
a. Other updates, Kevin Boggess
VI. Adjournment
City Council Meeting
Monday, September 12, 2016, 7:30 PM
Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 24153
1.Call to Order
2.Pledge of Allegiance
3.Bid Openings, Awards, Recognitions
4.Consent Agenda
A.Minutes
Consider acceptance of the minutes from the August 22, 2016 Work Session and regular
meeting.
B.Financial Report
Consider the Statement of Revenues and Expenditures for one month ending July 31, 2016.
5.Old Business
A.Western Virginia Regional Industrial Facilities Act
Consider ordinance on second reading reiterating findings as to the Western Virginia
Regional Industrial Facilities Authority and authorizing execution of the first amended and
restated agreement creating such authority. (Passed on first reading at August 22, 2016
meeting.)
6.New Business
A.Amendment of City Code
Consider ordinance on first reading amending Chapter 82, Article IV, Sections 82-101, 82-
103, 82-107(b), 82-109, 82-110, 82-111 AND 82-113 pertaining to tax on prepared food
and beverages.
B.Amendment to City Code
Consider ordinance on first reading amending Chapter 82, Article V, Sections 82-138, 82-
139, 82-142, 82-146 and 82-14, pertaining to transient lodging tax.
C.Department of Rail and Public Transportation
Consider Resolution 1302 supporting Roll on/Roll off bicycle accommodations for bicycles
on Amtrak passenger rail service
D.Boards and Commissions
Consider appointments and reaffirming vacancies on Boards and Commissions.
E.Appropriation of Funds
Consider request to accept and appropriate the CDBG Downtown Salem Planning
Grant. Audit - Finance Committee
F.Appropriation of Funds
Consider request to appropriate funds for the Thompson Memorial Corridor and Land Use
Planning and Design Project. Audit - Finance Committee
G.Appropriation of Funds
Consider request to accept and appropriate the State Homeland Security Program (SHSP)
grant. Audit - Finance Committee
H.Appropriation of Funds
Consider request to amend storm water permit fees appropriation process. Audit - Finance
Committee
I.Appropriation of Funds
Consider request to accept and appropriate funding from Virginia Department of
Transportation for multimodal improvements along Boulevard Roanoke. Audit - Finance
Committee
J.Tidewater Street Contract
Consider for approval the agreement for purchase of sale of real property, Tax Map # 164-
1-9, located at 1112 Tidewater Street.
Supplemental Item
7.Closed Session
8.Adjournment
Audit - Finance Committee meeting, Mo nday, September 12, 2016, 8:00 a.m., City Manager's Conference ro om
Work Session meeting, September 12, 2016, 6:00 p.m., City Manager's Conference room
rEM#ltE-
DATE
q- 12-ltP
UNAPPROVED MINUTES
CITY COUNCIL WORK SESSION
August zz, zo16
A Joint Work Session of the Council of the City of Salem, Virginia, along with the City of
Salem School Board was held in the Library at Salem High School,4oo Spartan Drive, Salem,
Virginia, on August zz, zo16, at 5:3o p.m., there being present the following members of said
Council, to wit: Byron Randolph Foley, John C. Givens (absent), Jane W. Johnson, William D.
Jones, James A. Martin, Kevin S. Boggess, City Manager, James E. Taliaferro, ll, Assistant City
Manager, Rosemarie B. Jordan, Director of Finance, Todd Clayton, Police Captain, John
Shaner, Director or Parks and Recreation, Mike Tyler, Director of Streets and Maintenance,
Mr. Clark Ruhland, Communications Specialist; and Crystal La Brie, Executive Secretary to the
City Manager; along with Salem City School Board members: Mr. David Preston, Mr. Michael
Chiglinsky, Ms. Artice M Ledbetter, Ms. Nancy Bradley and Mr. Andy Raines; also present were
Dr. H. Alan Seibert, Salem City Schools Superintendent; Mr. Michael A. Bryant, Salem City
Schools Assistant Superintendent; Mrs. Mandy Hall, Director of Business; Mrs. Kirstine Barber,
Supervisor of Human Resources; Mrs. Diane Washenberger, Director of lnstruction; Mrs.
Jennifer Dean, Supervisor of lnstructional Technology and Accountability; Mr. Scott Habeeb,
Principal of Salem High School, and Mrs. Kathy Jordan, Clerk ofthe Salem City School Board;
along with Ben Motley, Senior Partner, Architect RRMM Architects; Erica Sunshine, Architect
RRMM Architects; Tom Sproul, Civil Engineer Gray and Need, Inc.; Trevor Kimzey, Civil
Engineer Gray and Need, lnc.; Benjie Linkous, President Electrical Engineer Ascent
Engineering; David Roller, HVAC Engineer Ascent Engineering; and the following business was
transacted:
WHEREAS, the meeting was called to order underthe control ofthe Salem School
Board with their normal order of business. There was an approva I of agenda with a motion by
Michael Chiglinsky, second by Artice M. Ledbetter to approve the agenda; Approval of Minutes
of August 9, zo:.6 meeting, motion by Nancy Bradley, second by Michael Chiglinskyto approve
the Consent Agenda; Approval of Update to Regulation EEAB-BR School Bus Scheduling and
Routing - Transportation Guidelines, motion by Nancy Bradley, second by Michael Chiglinsky
to approve the Consent Agenda;
WHEREAS, there was a presentation ofthe Salem High School Renovation Concepts by
RRMM Architects; Ben Motley from RRMM Architects presented concepts for a renovation at
Salem High School which included conceptual renderings of potential site plans for buses, cars
and parking, building additions and renovation designs to meet the needs of zrst century
learning and a possible sports complex.
After the presentation, existing classrooms were open to show the current size and condition
as compared to the desired size and to provide an opportunity to visit the two prototype
classrooms with "pods" completed in SY ro-rr.
WHEREAS, there was an lnformational Handout: Modernization ofSchool Bus Routing,
Updated Guidelines, and Expanded Services. A handout was d istributed with information
regarding the modernization ofthe transportation services ofthe school system.
PM,
WHEREAS, there being no further business, Mr. preston adjourned the meeting at G:30
lMayor
Clerk of Council
City Council Meeting
MINUTES
Monday, August 22, 201 6. 7 :i0 PM
Council Chambers, City Hall, 114 North Broad Street, Salem, Mrginia 24153
t.Call to Order
A regular meeting of the Council of the City of Salern, Virginia was called to order
at7i30 p.ru, there being present the following members to wit: Byron Randolph
Foley, Mayor, John C. Givers, Mce-Mayor (absent), Councilmembers: Jane W
Johnsoq Wlliam D. Jones, and James A. Martiq along with Kevin S. Boggess, City
Manager; James E. Taliafeno, II, Assistant City Manager and Clerk of Council;
Melinda J. Pa1.ne, Director of Planning and Economic Development; Rosemarie B.
Jordarl Director of Finance; Charles E. Van Allmannq Jr., City Engineer; Mike
Stevers, Corrnnunicatiors Director (absent); and Stephen M. Yost, City Attomey.
Pledge ofAllegiance
Bid Openings. Awards. Recogritions
Corsent Agenda
A. Minutes
Consider acceptance of the minutes from the July 25, 2016 regular meeting. (There
was no Work Session held on July 25, 201 6.)
ReceivedAbsent: Johrson
B. Financial Report
Consider the Statement of Revenues and Expendihres for twelve montts ending
June 30,2016.
ReceivedAbsent: Johnson
5. Old Business
A. Amendment of City Code
Corsider ordinance on second reading amending Chapter 106, Article II District
Regulatiors, Section 106-218.2.(BX5) of the CODE OF THE CITY OF SALEM,
VIRGINIA pertaining to Automobile Rental/I-easing in LM Light Manufacturing
District. (Passed on first reading at the July 25,2016 meeting.)
2.
3.
4.
B.
Jane Jolnson motioned to adopt the ordinance on second reading amending Chapter
106, Article tr District Regulations, Section 106-218.2.(BX5) of the CODE OF TIIE
CITY OF SALEM, MRGINIApertaining to Autornobile RentaVkasing in LM Light
Manufacturing District. William Jones seconded the motion
Ayes: Foley, JohnsorL Jones, Martin
Absent: Givens
Amendment of Ciff Code
Consider ordinance on second reading amending Chapter 106, Article II District
Regulatiors, Section 106-220.2.(BX5) of the CODE OF TIIE CITY OF SALEM,
VIRGINIA pertaining to Automobile Rental,[rasing in HM Heary Manufacturing
District. (Passed on first reading at the July 25,2016 meeting.)
Jane Jolrson motioned to adopt the ordin:ance on second reading amending Chapter
106, Article II District Regulations, Section 106-220.2.(BX5) of the CODE OF Tfm
CITY OF SALEM, MRGNIA pertaining to Automobile Rental/kasing in HM
Heary Manufacturing District. William Jones seconded the motion
Ayes: Foley, Johnson, Jones, Martin
Absent: Givens
Amendment to City Code
Corsider ordinance on second reading amending Chapter 106, Article III Use &
Design Standards, Section 106-304.9.(AX2) of the CODE OF Tm CITY OF
SALEM, MRGINIA pertaining to manufactured home parks. (Passed on first
reading at the July 25,2016 meeting.)
Jane Johnson motioned to adopt the ordinance on second reading amending Chapter
106, Article III Use & Design Standards, Section 106-304.9.(AX2) of the CODE OF
TIIE CITY OF SALEM, MRGINIA pertaining to manufactured home parks.
William Jones seconded the motion
Ayes: Foley, Johnsorl Jones, Martin
Absent: Givers
Amendment of City Code
Corsider ordinance on second reading amending Chapter 106, Article IV
Developrrrent Standards, Section 106402.3.Tab1e 1 of the CODE OF THE CITY
OF SALEM, MRGNIA pertaining to buffer yards in the Residential Business
C.
D.
District and College and University District. (Passed on first reading at the July 25,
2016 meeting.)
Jane Johnson motioned to adopt the ordinance on second reading amending Chapter
106, Article IV Development Standards, Section 106-402.3.Table 1 of the CODE
OF Tfm CITY OF SALEM, MRGNIA pertaining to buffer yards in the Residential
Business District and College and University District. William Jones seconded the
motion
Ayes: Foley, Johrson, Jones, Martin
Absent: Givers
E. Amendment to City Code
Consider ordinance on second reading amending Chapter 106, Article IV
Development Standards, Section 106402.17.(AXB) & (D) of the CODE OF TI{E
CITY OF SALEM, VIRGINIA pertaining to maintenance of landscaping. (Passed
on first reading at the July 25,2016 meeting.)
Jane Johrson motioned to adopt the ordinance on second reading amending Chapter
106, Article IV Development Standards, Section 106-402.17.(AXB) & (D) of the
CODE OF Tm CITY OF SALEM, MRGINIA pertaining to maintenance of
landscaping. Wlliam Jones seconded the motion.
Ayes: Foley, Johnsor! Jones, Martin
Absent: Givens
New Business
A. Conveyance of Property
Hold a public hearing to consider the sale ofa parcel located at 113 Corporate
Boulevard, Tax Map # 149-14, consisting of 2. 187 acres. (As advertised in the
August 12, 2016 issue of the Roonoke Times.)
Mr. Boggess stated that this piece of property is located at the com of Corporate
Boulevard and Texas Street, adjacent to where the Montessouri School is building
their new daycare facility. There have been several interested parties and although
there are no specifics at this time, the Cib/ asked Council to hold the public
hearing in order to allow Council to move forward quickly should one ofthe
prospects became more interested. Mr. Boggess futher stated in the event a
prospect does approach the City to move forward, the contract would come
back before Council for approval.
Mayor Foley asked if this is similar to the public hearings for the air rights and the
Civic Center properry. Mr. Yost confirmed that it is similar.
Mayor Foley opened up the public hearing and there were no cornrnents,
therefore the public hearing was closed.
Mr. Yost stated Council rnay want to make a motion to allow the City administration
to negotiate or receive any proposals and bring them back to Council at the
appropriate time.
William Jones motioned to allow the City administration to negotiate or receive any
proposals and bring them back to Cormcil at the appropriate time. Jane Jokrson
seconded the motion.
Ayes: Foley, JohnsorU Jones, Martin
Absent: Givens
B. \lirginia Regional Industrial Facilities Act
Consider ordinance on first reading reiterating findings as to the Westem Virginia
Regional Industrial Facility Authority and authorizing execution offirst amended
and restated agreement creating such authority.
Mr. Yost stated in 201 3 the City of Salem along with Roanoke County, Botetourt
County, Franklin County, Roanoke City and the Town of Mnton created an
authority. What is before Council tonight is a restated agreement, with updates
relating to the state code as well as additional clarification should two or more
localities enter into a panicipation agreernent on a project. Should those localie by
paying the cost and then those participants would share the tax revenue. It further
clarifies if there are less than five localities participating the localities would be
able to borrow money to create a site. There is no significant change, this
agreement is merely bringing us up to date. Jane Johrson motioned to adopt
ordinance on first reading reiterating findings as to the Westem Mrginia Regional
krdustrial Facility Authority and authorizing execution of first amended and restated
agreement creating such authority. James Martin seconded the motion
Ayes: Foley, Jokson, Jones, Martin
Absent: Givers
C. Salem School Board
Consider setting date for public hearing in accordance with Section22.l-29. I of the
D.
Code of Mrginia, 1 950 as amended, regarding the expiration of terns for Artice
lrdbetter and Andy Raines. (Suggest date of September 26,2016).
Mr. Boggess stated the City Manager's office has received a letter from Andy
Raines for reappointrnent and Artice lrdbetter is interested in reappointment as
well. Typically Council sets this hearing date and anyone interested or submitted a
letter would on that date would interview after the public hearing.
William Jones motioned to set a public hearing date of Septernber 26,2016 to
received candiates for the expiration of tenns for Artice Ledbetter and Andy Raines.
James Martin seconded the motion.
Ayes: Foley, Johnson, Jones, Martin
Absent: Givens
Boards and Commissions
Consider appointments to fiIl a vacancies on Boards and Corrrrnissions.
Mr. Boggess stated in addition to the reconrnendatiors being made tonight, that he
and Mr. Taliafeno have interviewed thLree individuals who submitted
resumes along with letters of interest to fill various other boards and connnissions
vacancies. Should he and Mr. Taliaferro feel any ofthose candidates are qualified
a letter of recommendation would be submitted to Council. Jimmy Robertsoq
a Planring Comrnission member has asked Council to find a replacement for his
position within the next tlree to six months.
Jane Johnson motioned to accept consider appointments for James Martin for the
Economic Development Corrrnittee filling the vacancy left by James Chisonr,
reappointing Melinda Pay,ne for Roanoke Valley Allegfuny Regional Commission
with a term ending June 30,2019, reappointing Benjamin Tripp for the Westem
Virgrnia Regional krdustrial FaciliS, Authority as an altemate for Melinda Payne
with a term ending February 3,2019, also, James MartirL for the Roanoke Valley
Alleghany Regiornl Cornrnission, filling the vacancy left by Lisa Garst, with a term
ending June 30, 2018, and William "Bill Jones" for the Roanoke Valley
Transportation Planning Organization Policy Board with a term ending June 30,
2017. William Jones seconded the motion
Ayes: Foley, Johnson, Jones, Martin
Absent: Givens
E. AppropriationofFunds
Consider request to accept and appropriate FYl7 PSAP Education Program Grant
funds from Mrginia E-911 Services Board. Audit - Finance Committee
William Jones motioned to accept and appropriate FYlT PSAP Education Program
Grant funds from Virginia E-911 Services Board. Jane Jolnrson seconded the
motion
Ayes: Foley, Johnsoru Jones, Martin
Absent: Givens
F. Appropriation of Funds
Consider request to accept and appropriate the Federal Emergency Management
Agency (FEMA) Fire Act grant. Audit - Finance Committee
William Jones motioned to accept and appropriate the Federal Emergency
Management Agency (FEMA) Fire Act grant. James Martin seconded the motion
Ayes: Foley, Johnsoq Jones, Martin
Absent: Givens
7. Closed Session
A. Closed Session
Hold a closed session pursuant to provision of Section 2.2-371 lA(3) of the
1950 Code of Mrginia, as anrcnded, to discuss property the City may wish to
sell.
William Jones nntioned to enter into Closed Session at 7:45 p.ttr. Jane Johnson
seconded the motion
Ayes: Foley, JolrsorL Jones, Martin
Absent: Givens
8. Adjoumrnent
Wlliam Jones motioned to adjoum at 8:14 p.rn Jane Jolrson seconded the rmtion
Ayes: Foley, Givers, Jones, Martin
Absent: Johrson
Schadub A
City Of S.lem, Virglnia
General Fund
Statement Of Rsvenu6 And Erponditurst
For Ono f,onth Endlng July 31, 2016
Cunent Y6ar Cunant Year o/o ol Prior Yoar
Budqet Year to Oate Budqet Year to Oats Variance
Revgnue3:
Beginning Balanc€ 7-1-16
Ggneral Properly Taxes
Other Loc€l Taxes
Permits And Licsnses
Fines And Forfeitures
Revenue From Use Of Money
And Property
Charges For Servicgs
Payment ln Lieu Of Taxes from Eleclic Fund
Payment ln Li6u Of Taxes ftom Wat€r Fund
Misc€llaneous Ravenue
Non4ategoricsl Aid
Shared Exp€nsas
Categorical Aid
fot l Rlvonuaa
Exp€ndlturusi
General Govemmsnt
Judacial Administration
Public Satety
Public Works
Health And Welfare
Education
Parks. Recr€ation And Cultural
Community D€velopment
Non-Departmental
Contingency
Reserve For Fund Balance Roplenishmont
Reserve For Cepital
Total Erpandituts
Revonue3 Ovorr(Undcr) Erpondlturat
5,643,314 53,186 10/o 43,056 10,131
77 ,1M,279 926,536 1o/. 99A,722 (72,18f,\
$ 1,111,309
34,053,209
20,968,100
256,800
114.500
436.016
5,685,014
3,'160,000
130.000
306,883
3,978,272
1,260.862
$-
33,334
190,449
2't,176
2,000
39,0s0
568,019
13.673
"*:
781,656
144,4U
1,230,212
1,106,551
18.738
1,760,257
381,692
237,308
507 205
6,168.022
49,777
2U,271
33,744
7,724
23,U5
549, 153
9%
lOYo
ooh
11!o
2%
O9o
0%
12V"
7Yo
87o
96/o
1%
8%
8o/o
12o/o
70h
Oo/o
0%
0o/o
Olo
06k
'to/o
Boh
20/o
12,130
6,496.084
1,99,4-,175
15,999,300
12,958,549
2,443,438
21.843,901
4.878,780
2,OO2,708
7,471,856
592.3ss
375,000
48,',t24
77,1U,279
699,334
218,972
1,250,95s
968.353
16,762
1,763,099
*4,O22
u,241
447.AS3
4Yo 5,793,431
42,322
(74,s68)
(2O,7431
138,198
1,975
(2,e/,2)
't7,670
173.067
59,512
374,592
s (5,241,486)$ (4,794,709) $ (446,777)
neu*lle _
DATE q-r2-llP
(16,4421
(73,822J
(12,569)
|s.724)
15,105
18,867
1.543
(9,274')
Schedule B
City of Salem
Sales Tax Summary
For Fiscal Yearc 2015 - 2Ot7
750,000.00
700,000.00
550,0@.00
500,000.00
550,000.00
500,000.00
450,000.00
400,000.00
350,000.m
300,000.00
250,000.00
200,000.00
1s0,000.00
100,000.00
50,000.00
Oct Aprilov Dec ,an
FY 2015 FY 2016 FY 20L7
Feb
Schedule C
City of Salem
Meals Tax Summary
For FiscalYears 2015 -2017
600,000.@
sso,o00.m
s00,000.00
450,000.00
400,000.00
3s0,000.00
300,m0.00
250,000.00
200,000.00
150,0m.00
100,000.00
so,om.m
Ma,Ap.llov Dec ,an
FY 2015 FY 2016 FY 2077
June
Schedule D
City of Salem
todging Tax Summary
For Fiscal Yearc 2015 - 20tl
I
ll
May June
Ir
Feb Mar
H$&ffiffi
ffiffi
Dec .lan
FY 2015 FY 20t1
Oct Nov
FY 2015
Aut SeptJuly
225,000.00
200,000.00
r7s,000.00
150,000.m
125,fi)O.m
100,000.00
75,000.00
50,@0.00
25,000.00
City Of S.lom, Virgini.
Solid W.tt Dbpo..l
Stabmont Of Opondon3
For On ooth Ending July 31,2016
CunrntYaat Cu.rut Ylrr % olBudqat Y{r to D.t Budqet
SCHEDULE E
Prior Yarr
Ycar to Drts VerlenceOpor.ting Rawoua.i
Revonuar For W8!ta Obo6d:
Toter Fees
Container F€€s
Wasb Coll€ction & OispoE8l Chargos
Recycling Proc€sds
Tot l Revanuo For ftsto Di.p€.|
Op..rUng Erp.ndltu.B:
Rofu$ Colhciion:
Salarbs
Fringe Benetits
Contraclua, Services
Printing and Binding
Travel and Training
Miscellaneous
Miscellaneous Credits
Matarisls and Supplies
Tot l R.fir.c Colbciion
Contalne't:
Salsries
Fringe Benefits
Conksclual Ssrvicos
Misc6llaneous
Miscellaneous Credits
MsterisE And Suppli€s
Capital Outlsy
Tot l Cont incrr
Tr"anatar Sirdoni
SElaries
Fringe Benefib
Confadual Sgrvicos
Utiliti€s
Communications
Travel aM Training
Miscellaneous
Waste Disposal
Milccllanrour Cr€dib
Materials and Supplios
Tot l Tr.n.r.r Sbtion
Totrl Op..rtiry Erp.nditurt!
Not Coal Fo. Solid Wr.b Di.po..l
340,000 28,503 8% 277s2 7523,000,m0 296,7$ llok 319,151 (22,405)
-----==_Z!4q ,, 463 (i.s3oi4.218,000 393,597 go/n 416.662 (13065)
605.000 67,885 57,466 419
5,261
43
(2.208)
8%
8%
100k
625
2,0112,011 168 8% 242 (75)(1i.P9) (5,6s7) 13% (5,233) (464)
-------=9,!9L -------__l4C_ 396 1.6s7 i:sri1j21320 87.706 8% 85500 2207
624.502
289.057
r99,225
1.500
45,827
19,801
50,000
2,300
7,U0
gvo
80k
810
ovo
lvo
8%
3%
168
(5,697)
51,559
23,680
16.652
7%
8%
zVo
0%
0%130 2%
31.527 9%
3,378
1,603
877
13,315
14.715
2.827-
566
297,916
(2,E16)
46,298
18 859
3.U2
1,650
3,422
127
(se3)
13,,140
(2u)
147)
(2,r45)
l,127)
593
(13,310)
(16,943)
(1,803)
'1,990
323
(141)
(105)
\u,179)
(2,816)
?95.673 255.672 100% 255.672380,641 261,660 69% 21,689 239,971
348.955
161.972
99,000
35,000
1,000
2.000
45.496
3.400,173
8%
15%
8%
0%
0%
.t%
9%
0%
48,171
15,117
12,725
2,504
111
672
332,095
183 2.h 755 t572\358.234 9% 112iN (5,1,216)
5,606.907 707.600 130/0 1A7.932
314,003 103.007 210,997
City of Salem, Virginia
Debt Outstanding
For Period Ending Juty 31, 2016
Balance
7 t1t2016 lssuances
Principal
Payments
Schedule F
Ealance
7t31t2016
City Debt Out3t ndlng
20108 VMWACO Series G Buitd America Bonds
2010D VMWACO Bonds I Tax Exempt Bonds
201'l Union First Market Refunding Bonds
20'13 Public lmprovement Bonds
2015 Key Bank Refunding Bonds
2016A Public lmprovement Bonds
20168 Public lmprovement Bonds
Total City Debt Outstendlng
School Dobt Outstanding
2010D VMWACO Bonds I Tax Exempt Bonds
2011 Union First Market Refunding Bonds
2012A Public lmprovement Bonds
2013 Public lmprovement Bonds
Tot l School Oebt Outstandlng
Total Debt outstanding
2,700,000
2,893,7't2
3,288,762
1,603,525
1,912,481
3,922,176
1,359,224
17,679,880
2,700,000
2,893,712
3,288,762
1,603,525
1 ,912,48'l
3,922,176
1,359,224
17,679,880
418,305
5,756,238
8,I 13,250
4,941,475
19.229,268
418,305
5,756,238
8,113,250
4,941,475
19,229,268
--36;009IZE--=;oogEr
City ot Satom, Vi ginia
Capital proioi:t8 Fund
St bment of Rewnu6 and Expondituras
For pe.iod Ending July 31, 20.16
Proieci Totsl Availabto ysar ToBu&et To Dab Enc{rmbrancs6 proiecl Balance Dab
Schedub G
4,355,325Fund Balance, July'1, 2015
Rgvenu€31
ERP-Tranrbr From GF
ERP-TraNbr From EF
ERP-Transre. F.om Schoob
ERP-20'13 Bonds
Cama Sysbm-Tran3br Frqn GF
Oocurnont irgmt Sotution-2o1 3 Bonds
Fir! Tn cJG-2016 BoMs
FilE Trud(3-Tr.nsfer From GF
Biqycle & Ped Sabty lnpr prog-F€de,at
Bbyd€ & Ped Saisv tmpr Prog-State
Ellrycb & Ped Ssbty lnpr prog-Locat
Libr8ry Root-2016 Bonds
Courlhoirse Front Entrancs-2016 Bond6
SUEot D€parhEnt Equirnent-ml 6 Bonds
Engin€srhg BuildirE Clpitat Lesse
Social Scrvac6s Buitding-2o16 Bonds
Grsonway Phasa 2&Enhancgmont
Grgonway PhaE€ 2&2013 Bonds lnbrest
Gr€snray Pha!6 2B-Xhr cF
Grsenr.y Phass ,l-RSTp
G.Benray Phels 4+nhancsmgnt
GrBenyay Pha56 +2Ol 3 Bond!
GrEerlway Pharo +Xbr GF
Groonvay Phssa ffiSTp
Gr€gnway Pha6 tEnh.ncoment
Grrsnway Pha!€ t2013 Bo.d6
Grlcneay Phe!€ $Xhr cF
Gfgorr*Ey Donationt
Me8on Cr6.k GrlenEy pha6e 2-F6derat
Ma3oh Crsd( Gr€onway Phasg 2-Loc8l
S8hm r{€.norial RonovatiorB-2oi 6 Bonds
Sabm lirrcdal Sco.Bboard-m16 Bond3
FbU T!.t S.lom Stirdium-2o i 6 Bords
Oo{,nbwn lmprovsrnoots-20,16 Bonds
Bond Costs 2016 Bords & tnbtBlt
lnbrrEt Rev6nus-2o16 Eond!
Total R6wnuor
Epcditurss:
ERP - tt€e World
ERP - rcI
Cams Sysbm
Oocqrcnt llgmt Sotuton
Fi.! Tn d(3
253.E79
302,N
150.@
123,800
't 15.000
63.5/t5
&fi,x7
576.657
*,752
10,750
2A,227
551,180
050.000
4E:),(m
375,000
625,000
38,08s
'1,3/46
m,580
80,330
15.',t27
5,406
E3.726
17.8E6
3.558
2,379
23m
28,000
1.m1,023
350,m0
251,29
5d),mo
32.987
438,ir96
18,722
(28.2271
(1.160)
412,A1A
(2371
(16,33,{)
*0.ry
1n2,w
167,777
1
(1,666)
1
396,852
82,994
(1,923)
Fz,eail1,108 (1.198)
253,879
302,400
't 50,000
123.800
115.000
63.545
836.287
570,657
535.2a8
59,472
550.0(n
650.m0
,l&|,000
375.000
625,m0
,450,903
1,109
1,24
800,m0
60,330
15,127
5.iO7a2,N
25r,503
17.069
1.492
2,380
a6,972
r06,90,1
1,000,0m
350,0m
25't,29
s@,000
253,479
302.,()0
1s0,000
123,600
115.m0
63,545
Bfi,247
576,657
,752
10.750
28.227
551.1EO
650.@O
,{83.000
375,000
625,000
30.085
1.346
20.580
80.330
15.127
5,406
E3.726
17.864
3,5s6
2,375
2.3m
26.m0
1,00't.923
350,0(x)
251,29
500,0@
x2,*7
1.198
7,O75,W10,203,E94
530.079
300,000
115,O0
33,tts
1,412.921
7,675,584
51 4,573
266.693
't03,834
63,2E0
8,,.2,924
2,528,3'r0
'15,506
33,107
11,.t66
2E5
s50,m0
,197,598
264,893
98.E34
862.921
't6,975
5.000
63,260
City of Salem, Virginia
Cadtal Proiocts Fund
Stalomont ol RevBnu€s and Eeonditures
Fo. Poriod Ending Juty 31, 20,16
Prq€s{ TotalBrtFt =. To Dab Encumbrances prdect
59,r,720 1.r3,s96 ra35s6
375.(m
49.810
1m,s2
'r 05.152
2.900
568,502
251.81
Avaitsbb
Balanco
481,121
s50,000
650,@0
20,90E
625.000
330,373
800.@2
,408,7,t8
2.380
3A7,128
404,227
350.m0
500.000
Schedub c
6.095
i|.349.230
Yqar To
Oab
u'oTEli:yde & Podsstian Sabty tmpr prog
Lbrery Root
Courthouls Frcr{ Enbancc
StEet Degsrtrlent Equipment
Eogh6edng BuildirE C€pitst L€a8o
Socisl S€.Yi€s Building
Rts Rir6r Gr.onrEy Pha8o 28
RIc RiEr G,lsnf,8y Phass +App€rEon
Rke Ri!r, Glrenray Phase tEddy
Gr€anway Donalion!
Maron Clrok Grlanway Pha6€ 2
Sslqn iilemorial P8r* R€novations
S€lern iromodal Pa* ScoDboard
Fi.ld Tu.f Rsplac6m€nt Sabm Stsdium
Doxntowi lmprowmonb
Eond Cosb-2oi6 Bon6
Totial B@nditu.r!
Fund B8lanca, July 31, 2016
10,203,894 3,38,352
32.87 (32.987)
790.277 4,116,629 6.087.285
550.(x)O
650.000
i183,000
375.000
62s,000
456,2s8
900.E6.1
533,864
2,380
509.946
1,000.m0
350.000
251,2U
s00,000
162,O52
76,075
't 9,964
119,4t{)
27,271_
$2.092
375,000
125.885
100,862
'125,116
122.9O
595,r73
251.n4
Schedule H
Opendng Rovenuo3
Sale of Power
Other Eledric Revsnue
Total Operating Revenues
Op€n6ng Erp.mot
City of S8lom, Virginia
Electric Fund
Stat mont ot Operadons
For Ono Uonth Ending July 31,2016
Current Year Cunent Year % olBudget Year to Date Budget
$ 39,306,9s0 5 3,421.482 9%1,164,759 19,451 2%
4,471,709 3.,140,933
9,4E5
2,126,107
351.553
219
63.990
99,605
39.939
(s2,338)
5,734
71,373
Prior Year
Year to Date
$ 3,906,773
26.322
. _!E!rprl
5,190
13.970
2,315,630
316.969
247
87.@7
77,W
28.260
(104,936)
2,468
191,806
Variance
$ (.E5,291)
(6,871)
(492,162)
(5,190)
(4,.45)
(189,223)
34,584
(48)
e3,un
21.701
11.679
52.598
3,265
(120,63)
Other Power Goneration - Operation 135,000
Olher Power Generation - Maintenance 45,000
PurdEssd Power 21,422,274
Transmission - Operetion 3,610,5@
Transmission - Mainlenance 24,000
Oistribution - Operations 868,500
Distdbution - Maintenance 1,053,265
Cuslomer Servic€ 488,645
Administration&General-Operation 2,817.530
Administration&Gsnsral-Maintenance 187,295Capital 3,132,948Contingencl 526,752
Total Operating Expanses
lncome (1o3.) B.foru Tran f.lri
TransfsG
lncome (loss)
37,311,709 2,715,966
3,160,000 724,1?67
(3,160,000)
$ $ 724.57
2,934,535 (218,s69)
998,560 (273,593)
$ 998.s60 $ (273,593)
00/o
210k
9%
10%
104
70h
9%
8o/o
-20/o
30/o
2%
0%
70h
0o/o
City of Satom, Virgin,a
Wat6r Fund
Statoment of Operations
For One month Ending Juty 31, 20,16
Schedu16l
%ol Prior YearBudget Year to Datc VarianccOperating Rov.nuo3
Services
Olher Revenue
Toial Operating Revenues
Opersting Expome!
Production
Salaries of Pe6onnal
Fringe Benefits
Contraclual Servic€s
Printing and Binding
Advertising
Utilities
Communicalions
lnsurance
Travel and Training
Miscellaneous
Materials and Supplies
Capital
Contingency
Total Productjon Expenses
Distribution
Salarias of Personnel
Fringe Benefits
Contraclual Services
Communications
lnsurance
Leas€y'Renl ot Equipment
Travel and Training
Miscellan6ous
Miscellaneous Credits
Materials and Supplies
Capital
lnterest Obligations
Total Distibution Expenses
lncome (lo$) Bofor€ Tren fel!
Transfers
lncomo (1033)
Cunent Year
Budget
$ 6,480,1057 ,243
Cunent Year
Year to Date
526,673 80k
9o/o
s 609.871 $ (E3,19S)34.67E 32.7A1
7,216,UA 594.132
740,442
39/..547
954,402
6,200
500
367.000
5,000
't7,200
9,200
45,954
,197,700
'r05,700
30s,727
3,151,572
512,751
290.125
863,960
4,550
10,000
2,000
,1,800
1.1,954
(240,000)
245,200
259,924
1,939,512
qt1.!!9-
56.486
32,071
30,2U-
31,2EE
2
575
1,'177
3,402
(50,417)
(340)
(4,735)
(670)
1.415
328
(371)
27,306
(2,690)
7,700
56,1,16
27,336
29,61r1
32,703
330
204
28,483
712
7,700
8o/o
7%
3%
0%
00/.
9%
704
0%
204
62%
0%
7%
004
183,227
37,498
21,919
22,501
38
1 ,O71
(17,023\
9,939
7.821
(2,047\
60k 155,284
41,610
.t9,547
42,327
193
890
(19,964)
1,420
4,750
3,112
93,908
395,357
(12,130)
$ 383,227
27.943
(4,'112)
2,372
(19,826)
,:
(193)
180
2,940
6,519
3,071
(5,159)
(12,191)
(66,168)
(1,543)
$ (67 ,7'.t2\
7%
8%
3%
1%
0%
0%
0%
9%
7%
4%
3%
0%
3,934,26 E1.716 2%
130,000 329.189
(130,000) (13,673) 't1oh
$ - $ 31s.sls
Cunent Year
Budget
Cunent Year
Year to Date
%of
Budget
City of Salom, Virginia
Sowsr Fund
Strtament of Oparations
For One Month Ending July 31, 2015
Schedule J
Prior Year
Y6ar to Date Variance
$ 607,179 $ (49,819)
17,416 (9,084)
624,s96 (58,903)
Op€rating Revanuee
Services
Other Revenue
Total Op€rating Revenues
Oporating Expon3os
Salaries of Personnel
Fringe Benefits
Contraciual Services
Printing and Binding
Advertising
Utilities
Communications
lnsurance
Leasa/Rent of Equipment
Travel and Training
Misc€llaneous
Miscellaneous Credhs
Matsrials and Supplies
Capital
lnterest Obligations
Bond Costs Totals
Contingency
Total Operating Expenses
lncomo (lo$)
$ 7,041,000 $ 557,360778,446 6,332
7.E19..146 565.692
Eo/o
10k
522.907
334,9E5
3,724,302
3.000
1.000
4,000
9,050
20,'100
3.000
7,800
33,907
(325,000)
78.000
1.M2.62E
1,660,856
67E,911
34,189
19,282
2',t7 ,233-
188
,o_
1,706
(15,636)
2,032
(25,052)
7%
0%
6%
0%
0%
5%
0%
0%
0%
0%
5%
5%
3%
0%
-1%
0%
28,792
15,699
200,993
126
1S3
1 ,248
(33,s24)
4,364
30,987
(31,298)
5,397
2,583
16,239
63
(?
(193)
458
17,689
(2,332)
(30,987)
7.819.446 233.756 3%
$ - 0 331,936
218.602 15,155
s 405.994 S (7/r,058)
Schedul€ K
Opereting Rav.nua3
Showvrentals
Box ofice sho,vs
Cat€ring and con@ssions
Merchandise and commissions
Static advertising
Miscellaneous income
NCAA events
Salem Fair
Blue Ridg6 Music Festival
Total Operating Revenues
Operating Expomo3
Salaries ot pGrsonnal
Fringe benefils
Maintenanca and contraclual seNices
Printing and binding
Advertising
Utilities
Communications
lnsuran@
Travel and training
Miscellaneous
Show expense
NCAA expense
Fair 2016 expense
Blue Ridgs Music Festaval
Materials and supplies
Capital
Totel Operaung Expenses
lncomo (loa3) Beto]l Tnnriert
Transfers
lncoms (1o.3)
Ctty of S.lom, Vtrginh
Selem Civic Contsr
Statement of Opention3
For One lonth Ending July 31, ml6
Cunent Year Cunentyear %olBudget Year to Date Budqet
$ 410,000
1,060,000
163,074
141,0@
67,500
29,1189
576,980 560,543
500,000
$ 23.409
194,005
10,829
3,158
10,583
316
Prior Year
Year to Date
$ 40.490
42,610
12,667
2,515
'l't,583
518
602.18'l
Variance
$ (17,081)
151,395
(1,838)
643
(1,000)
(202].
(41,637)
60h
18lo
7%
2v.
160/.
o%
970/o
lvo
2,948,043 AO2.U3 712,W 90,279
929,537
383,595
169,040
2,500
40,0@
24A,285
24.400
17,000
15,5@
60.302
1,160,m0
420,500
490,000
46,150
143.585
34.083
'10.626
2.W
42,593
a:
5,2U
5,592
357.170
5,306
0%
't104
0o/.
139,927
34,898
25,832
2.789
34,851
25
400
5,255
10,496
743
u7,204
5.276
3,658
(81s)
(15,206)
(143)
7.742
61
(4m)
9
(4,9o4)
(743)
9,962
29
15%
90k
6%
0o/o
7%
17Yo
o%
0%
0%
9olo
o%
00h
o%
4,006,809 606.951
(1,0s8,766) 195,892
1,058,766
$ - $ 195,892
15o/o 607.699 (74{t)
104,8&1 91,027
ivo
s 104.864 $ 91,027
CurrBnt Year
Budget
$ 698,578
148,500
47,000
16,000
9't0,078
225,724
90.599
12.500
1,000
13.000
850
225
151,012
183,208
Cunent Year
Year to Oate
o/o ol
Budget
8o/o
1o/o
11o/o
ook
70k
Prior Year
Year to Date
$ 104,986
3,537
18,870
Schedule L
Variance
$ (52.260)
(1,6s5)
(13,921)
Clty of Salem, Virgania
Salem Cataring and Concessions
Statoment of Oporatlons
For One Month Endlng July 31, 2016
Operating Revenues:
Catering
Concessions
Moyer Concessions
Salem High Concessions
Tolal Operating Revenues
Operatlng Erpensea:
Cateino
Salaries of personnel
Fringe benefits
Coniractual services
Printing and binding
Laundry and Cleaning
Communications
Travel and lraining
Miscellaneous
Materials and supplies
Capital
Total Caiering Expenses
Concess,bns
Salaries of Personnel
Fringe Benefits
Miscellaneous
Materials and Supplies
Total Concession6 Expenses
Mover Concessions
Salaries of PeBonnel
Fringe Benefits
Contraclual services
Miscellaneous
Matarials and Supplies
Total Moyer Expenses
Sa/em Hio, Concessiors
Salaries of Personnel
Fringe Banefits
Miscellaneous
Materials and Supplies
Total Salem Hlgh Expenses
lncome (loss)
52.726
1,882
4.949
59,557
20,583
5,985
494
985
13,863
12,991
127.393 (67,83s)
9o/o
7o/.
40h
00h
Eoh
0"/"
00k
9%
7o/o
0"h
23,378
6,165
1,131
1 .119
.
14,512
32,352
(2,795)
(180)
(637)
(,,1)
(649)
(19,361)
678,118
.18,069
12,591
51,700
35,500
147,860
32,905
10,10E
2,500
6,750
14,500
66,763
10,883
3,304
300
2,650
17,337
54,902
1 ,162
306
712
477
2,656
8,110
2,1U
208
742
2,081
13.27 5
80h 78,657
424
107
.1,249
742
2,52'l
8,785
2,211
208
2,E54
4,063
18,122
(23,75s)
737
199
(537)
(26s)
134
(674)
(78)
(2,112\
(1,982)
(4,8/t7)
20h
20h
1o/o
10h
2o/o
25%
21%
8%
11%
14%
20%
0%
Oo/o
0o/o
0%
0%
-$4329i $ 28,093 $ (39,369)
Clty of S.lom, VlElntr
Heaith lnruranc. Fund
Strt mont of Revenues and Erp6naa3
ForOne month Ending July 3l,2Ol6
Cuntrt Yolr Parcant PHor Yael
Budget Ye.r to Dab to D.to Ye.r to D.E
451,576
373,478
116,809
941,883
8o/o
8%
16.
0%
0%
9%
,r57,636
@1,76'l
109,102
931,5'19
Schedule M
(6,060)
8,697
Beginning Fund Balance
Revenua
Premiums Paid - City
Premiums Paid - School
Premiums Paid - Retirees
lnterest Eamings
Miscellaneous
Total Year to Date Revenuas
Expensss
Claims
Employoe Health CIinic
Consulting S6rvices
Miscsllaneous
Total Y6ar to Date Exp€nsss
Ending Fund Belanco
Euoget ye.rto Dab to D.to year to DaE vadanca
s - s 1,646,494 S 724,351 S 922,143
5,633,000
4,690,@0
735,000
fi,9@
11,069,900
10,520,733
419,il7
723@
10,344
u7,429 (66,959)34,807 14,7057,596 250
780,170 7yo
19,512 120h7,846 11%
. ,90.320 3.058 5% 3.404 (346)
I 1,069,900 840,886 loh 893,236 (52350)
t a 1,747.171 S 762,63a 3 98/t,837
ITEM#EA-
DATE q^12--lt"
AII ORDINAI\CE REITERATING trINDINGS AS TO THE WESTERN \'IRGINIA
REGIONAL INDUSTRIAL FACILITY AUTHORITY AND AUTHORIZING
EXECUTION OF FIRST AMENDED AND RESTATED AGREEMENT CREATING
SUCH AUTHORIT}'
WHEREAS, pursuant to the Virginia Regional Industrial Facilities Act, Chapter 64 of
Title 15.2 of the Code of Virginia of 1950, as amended (the "Act") the goveming bodies of
Botetourt Count, Franklin County, Roanoke County, the City of Roanoke, the City ofSalem and
the Town of Vinton (the "Member Localities") each adopted an ordinance for the creation ofthe
Westem Virginia Regional Industrial Facility Authority (the "Authority") in order to enhance the
economic base ofeach such locality through the developing, owning and operating ofone or
more facilities on a cooperative basis; and
WHEREAS, pusuant to the Act such ordinances were filed with the Secretary of the
Commonwealth and the Secretary of the Commonwealth has issued his certificate as to such
filing; and
WHEREAS, such ordinances also authorized the execution of an agreement establishing
the respective rights and obligations of the Member Localities with respect to the Authority
consistent with the provisions of the Act (the "Original Agreement") which Original Agreement
was duly executed on behalf of each Member Locality and was entitled "Ageement Creating the
Westem Virginia Regional Industrial Facility Authority"; and
WIIEREAS, each Member Locality desires to amend and restate the Original Agreement
to clarifu and amend the Original Agreement in accordance with the attached First Amended and
Restated Agreement Creating the Westem Virginia Regional Industrial Facility Authority (the
"First Amended and Restated Agreement"); and
WHEREAS, the Act defines facilities as including real estate and improvements for
manufacturing, warehousing, distribution, office or other industrial, residential, recreational or
commercial purposes.
TIIEREFORE, BE IT ORDAINED BY THE [BOARD OF SUPERVISORS/CITY
CoUNCIL/TOWN COUNCILI OF TIrE ICOr]NTY OF BOTETOURT/COUNTY OF
FRANKLIN/COUNTY OF ROANOKE/CITY OR ROANOKE/CITY OF SALEM/TOWN
OF VINTON], VIRGINIAAS FOLLOWS:
1. It is reiterated that the name of the Authority is the Western Virginia Regional
Industrial Facility Authority.
2. It is reiterated that the member localities of the Authority are Botetourt
County, Franklin County, Roanoke County, the City of Roanoke, the City of
Salem and the Town of Vinton.
It is reiterated that the economic growth and development of the city of Salem
and the comfort, convenience and welfare of its citiiens require the
development of facilities as defined in the Act and that joint action through a
regional industrial facility authority by the Member Localities will facilitate
the development of the needed facilities.
The City Manager is authorized to execute the First Amended and Restated
Agreement establishing the respective rights and obligations of the Member
Localities with respect to the Authority consistent with the purposes of the Act
in substantially the form attached hereto and to take any other actions
confirming the creation of the Authority.
NOW, THEREFORE, this ordinance shall be in full force and effect ten (10) days after
its final passage.
Upon a call for an aye and a nay vote, the same stood as follows:
James A. Martin -
William D. Jones -
Jane W. Johnson -
John C. Givens -
Byron Randolph Foley -
Passed:
Effective:
Byron Randolph Foley
Mayor
ATTEST:
James E. Taliaferro, II
Clerk of Council
City of Salem, Virginia
J.
4.
lsl
FIRST AMENDED AND RESTATED AGREEMENT CREATING THEWESTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY
WHIREAS, the virginia Regional Industrial Facilities Act, chapter 64, Titre r5.2,
Section 15.2-6400, et seq., code of virginia, 1950, as amended (the ..Act,') was enacted by the
General Assembly of the Commonwealth of Virginia to enhance the economic base for member
localities of a regional authority by actions of such an authority to develop, olm, and operate one
or more facilities on a cooperative basis involving its authority member localities, and
WHEREAS' the exercise of the power granted by the Act is to be in all aspects for the
benefit of the inhabitants of the geographic region inctuded within the Member Localities, as
defined below (the "Region") for the increase of their commerce, and for the promotion oftheir
safety, health, welfare, convenience and prosperity; and,
WHEREAS, the Member Localities (as defined below) have determined that joint action
through a regional industrial facility authority will facilitate the development of needed and
desired industrial and commercial facilities in the Region; and
WHEREAS, pursuant to the Act, the goveming bodies of the County of Botetourt, the County
of Franklin, the County of Roanoke, the City of Roanoke, the City of Salem and the Town of
Vinton (each, a "Member Locality" and collectively, the "Member Localities") have created,
by adoption of concurrent ordinances, t}re Westem Virginia Regional Industrial Facility
Authority (the "Authority") for the purpose of enhancing the economic base for the Member
Localities by developing, owning, and operating one or more facilities on a cooperative basis
involving its Member Localities, which concurrent ordinances were filed with the Secretary of
the Commonwealth causing the creation of the Authority ; and
WHEREAS, the Member Localities entered into an "Agreement Creating the Westem
Virginia Regional Industrial Facility Authority" dated as of December 1 1, 2013 (the "Original
Agreement") establishing and describing the respective rights and obligations of the Member
Localities with respect to the Authority and the Member Localities now desire to enter into this
Amended and Restated Agreemenl Creating the Westem Virginia Regional Industrial Facility
Authority (this rrAgreement") to clarify, amend, restate and replace the Original Agreement
with this Agreement.
NOW THEREFORE, in consideration of the mutual promises of the parties and other
good and valuable consideration the Member Localities hereto amend, restate and replace the
Original Agreement with this Agreement as follows:
ARTICLE I.
NAME AND OFFICE
The name of the authority shall be the Western Virginia Regional Industrial Facility
Authority and the address of its office is C/O Roanoke Regional Partnership, 1 I 1 Franklin Road,
S.8., Roanoke, VA 2401 1.
ARTICLE II.
PARTIES TO THE WESTERN VIRGINIA REGIONAL
INDUSTRIAL FACILITY AUTHORITY AGREEMENT
The initial Member Localities of the Authoritv are:
Botetourt County, Virginia
Franklin County, Virginia
Roanoke County, Virginia
Roanoke City, Virginia
Salem City, Virginia
Town of Vinton, Virginia
The goveming body of each of the Member Localities shall appoint members to the
Authority pursuant to Section 15.2-6403 (A) of the Act. Each of the Member Localities shall
appoint two (2) members to the Authority. The members of the Board shall be elected in
accordance with Article IV hereof.
Each Member Locality may appoint two altemate board members, to be seiected in the
same manner as board members and shall perform all duties including voting in the member's
absence. Each board member, and altemate, of the Authority before accepting their appointment
and begin discharge of their office duties, shall take and subscribe to the oath prescribed in
Section 49-1 of the Code of Virginia, 1950, as amended.
At any time subsequent to the creation of this Authority, the membership of the Authority
may, with the approval of the Authority Board, be expanded to include any locality within the
region that would have been eligible to be an initial member. The goveming body of a locality
seeking to become a member shall evidence its intent to become a member by adopting an
ordinance proposing to join the Authority that conforms, to the requirements consistent with
Section 15.2-6402, clauses i, ii, iii and iv of the Code of Virginia.
ARTICLE III.
FINDING; PURPOSE; AND GOVERNMENTAL
FUNCTIONS OF THE AUTHORITY
Member Localities agree that this Authority has been established for the following
purpose and function.
l. The Member Localities agree that the economy of the Region has not kept pace
with the rest of the Commonwealth. The respective individual Member Localities may lack the
financial resources to assist in the development of economic development projects and the
creation of the Authority provides a mechanism for the Member Localities to cooperate in the
development of facilities which will assist the Region in overcoming this barrier to economic
growth.
2. The exercise of the powers granted by the Act shall be in all aspects for the
benefit ofthe inhabitants ofthe Region for the increase oftheir commerce, and for the promotion
of their safety, health, welfare, convenience and prosperity. The Authority shall be nonprofit and
2
no part of its eamings remaining after payment of its expenses and fulfillment of commitments infurtherance of the Authority'r pu.por"r sha inure to the benefit of any indiviauai,- fir. o.corporation, and if the Authority is dissolved in accordance with the p.orri.io6 of the Act thetitle to all funds and other property owned by the Authority shall vest L the Member Localitieswhich have contributed to the Authority in proportion to their respective contributions asprovided by the Act.
, 3. The Act provides the six Member Localities with many powers by which the
Member Localities may interact as one body or as individual participating groups consisting of
one or more Member Localities of the Authority which the members believe wili give each local
govemment an opportunity to establish successful partnerships for the development of economic
projects which will serve rhe region.
ARTICLE IV.
BOARD OF'THE AUTHORITY
All powers, right and duties conferred by the Act, or other provisions of law, upon the
Authority shall be exercise by a Board of Directors (the "Board"). The Board shall consist of two
board members from each Member Locality. The governing body of each Member Locality shall
appoint two board members to the Board. Any person who is a resident of the appointing
Member Locality may be appointed to the Board. Except for the provision for staggered terms
for the initial board members as provided hereinafter, each board member of the Board shall
serve for a term of four years and may be reappointed for as many terms as the goveming body
desires. During the establishment of the Authority, the Member Localities agree to stagger terms.
Each goveming body shall appoint their initial board members to serve and designate one of its
board members to serve for two years and the other board member to serve for four year terms.
After the initial appointment of these board members, each succeeding director shall serve four
year terms. If a vacancy occurs by reason of death, disqualification or resignation, the goveming
body of the Member Locality that appointed the Authority board member shall appoint a
successor to fill the unexpired term.
The goveming body may appoint up to two altemate board members. Altemates shall be
selected in the same manner as board members, and may serve as an altemate for either board
member from the Member Locality that appoints the alternate. Altemates shall be appointed for
terms that coincide with one or more of the board members from the Member Locality that
appoints the altemate. If a board member is not ptesent at a meeting of the Authority, the
altemate shall have all the voting and other rights of the board member not present and shall be
counted lor purpose of determining a quorun.
Each board member of the Authority before entering upon the discharge of the duties of
his office shall take and subscribe to the oath prescribed in Section 49-1, Code of Virginia, 1950,
as amended.
A quorum shall exist when a majority of the Member Localities are represented by at
ieast one board member. The affirmative vote of a quorum of the Board shall be necessary for
any action taken by the Board. No vacancy in the membership of the Board shall impair the right
3
ofa quorum to exercise all rights and perform all duties of the Board. The Board shall determinethe times and places of its regurar meetings, which may be adjoumed or continued withoutfr'ther public notices, fiom day to day or lom time to time oi from place to place, but notbeyond the time fixed for the next regular meeting, until the business before the ioard is
completed.
Board special meetings shall be held when requested by board members of the Board
representing two or more Member Localities. A request for a special meeting shall be in writing,
and the request shall specifu the time and place ofthe meeting and the matters to be considered
at the meeting. A reasonable effort shall be made to provide each board member with notice of
any special meeting. No matter not specified in the notice shall be considered at such special
meeting, unless all the board members are present. Special meetings may be adjoumed or
continued, without further public notice, from day to day or from time to time or from place to
place, not beyond the time fixed for the next reguliu meeting, until the business before the Board
is completed.
The Board shall elect from its membership a chair, vice chair, treasurer, and secretary for
each calendar year. The Board may also appoint an executive director and staff who shall
discharge such flmctions as may be directed by the Board. The executive director and staff may
be paid from funds received by the Authority.
No board member shall receive compensation.
The Board promptly following the close of the fiscal year (Ju1y 1 thru June 30), shall
submit an annual report of the Authority's activities of the preceding year to the goveming
bodies of the Member Localities. The Annual Report shall set forth a complete operating and
financial statement covering the operation ofthe Authority during such reporting year.
The Board may establish dues or other annual financial fees as may be approved by all
Member Localities.
ARTICLE V.
POWERS OF THE AUTHORITY
The Authority is vested with the powers ofa body corporate, including the powers to sue
and be sued in its own name, plead and be impleaded, and adopt and use a common seal and alter
Ihe same as may be deemed expedient.
The Authority shall be vested with all powers and authority to the fullest extent allowed
under the Act as it currently exists or may be amended. These powers crurently include the
power to:
1. Adopt bylaws, rules and regulations to carry out the provisions ofthe Act.
2. Employ, either as regular employees or as independent contractors, consultants,
engineers, architects, accountants, attomeys, financial experts, construction experts and
4
personnel, superintendents' managers and other professionar personner, personnel, and agents asmay be necessary in the judgmenrof the authority, and fix their compensation.
3. Determine the location of, develop, establish, construct, erect, repair, remodel,add to, extend, improve, equip, operate, regulate,'and maintain facilities to the extent necessaryor convenient to accomplish the purposes oithe Authority.
4. Acquire, own, hold, lease, use, sell, encumber, transfer, or dispose of, in its own
name, any real or personal property or interest therein.
5. Invest and reinvest funds ofthe authority.
6. Enter into contracts of any kind, and execute all instruments necessary or
convenient with respect to its carrying out the powers ofthe Act to accomplish the purpose of the
Authority.
7. Expend such funds as may be available to the Authority for the purpose of
developing facilities, including but not limited to (i) purchasing real estate; (ii) grading sites; (iii)
improving, replacing and extending water, sewer, natual gas, electrical and other utility lines;
(iv) constructing, rehabilitating, and expanding buildings; (v) constructing parking facilities; (vi)
constructing access roads, streets, and rail lines; (vii) purchasing or leasing machinery and tools;
and (viii) making any other improvements deemed necessary by the Authority to meet its
objectives.
8. Fix and revise from time to time and charge and collect rates, rents, fees, or other
charges for the use ofthe facilities or for services rendered on connection with the facilities.
9. Borrow money from any source for any valid purpose, including working capital
for its operations, reserve funds, or interest, mortgage, pledge, or otherwise encumber the
property or funds of the Authority, and contract with or engage the services of any person in
connection with any financing, including financial institutions, issuers of letter of credit, or
insurers.
10.Issue bonds under the Act.
I 1. Accept funds and property from the Commonwealth, person, counties, cities, and
towns and use the same for any ofthe purposes for which the authority is created.
12. Apply for and accept grants or loans ofmoney or other property from any federal
agency for any of the purposes authorized in the Act and expend or use the same in accordance
with the directions and requirements attached thereto or imposed thereon by any such federal
agency.
1 3. Make loans or grants to, and enter into cooperative arangements with, any
person, partnership, association, corporation, business or govemmental entity in furtherance of
the purpose of the Act, for the purposes of promoting economic and workforce development,
5
provided that such loans or grants shall be made only from revenues of the Authority that have
not-been pledged or assigned for the payment of any of the Authority's bonds, and to enter into
such contracts, instruments and agreements as may be expedient to provide for such loans, and
any security therefor. The word "revenues" as used includes grants, loans, funds and property, as
enumerated herein.
14. Enter into agreements with any other political subdivision of the Commonwealth
forjoint or cooperative actions in accordance with Section 15.2-1300, code of virginia, 1950, as
amended.
15. Do all things necessary or convenient to carry out the purposes ofthe Act.
ARTICLE VI.
PARTICIPATION AGREEMENTS FOR INDUSTRIAL FACILITIES
The Authority may enter into participation agreements with one or more Member
Localities by which industrial facilities may be constructed and developed in the Region
("Participation Agreements") Such Participation Agreements may include participation by
public and private entities not Member Localities of the Authority.
Each Member Locality may consider its terms in the participation in each proposed
project. The cost for such Participation Agreements and any remuneration from the creation ofa
Participation Agreement shall only be shared by the Member Locaiities that participate in the
Panicipation Agreement in accordance with the participating agreements for that project. The
Authority may from time to time finance an economic development project (a "Project")
pursuant to a Participation Agreement through the issuance ofnotes and bonds by the Authority
("Bonds"). Such Bonds shall be limited obligations ofthe Authority to be paid solely from
revenues and receipts of that particular economic development Project and from revenues that
may be received pursuant to any Participation Agreement or other agreement related to the
Project being financed, and may be secured by collateral encumbered or pledged in support of
the financing ("Project Based Financing"). Project Based Financing is approved and
consented to by the Member Localities. Any individual Member Locality may, at its discretion
and as allowed by law. choose to enter into or not enter into a specific Project Based Financing
arrangement in support of any particular Proj ect. Any Member Locality not entering into an
agreement in support ofa Project shall have no monetary obligation or other duty or
responsibility in relation to that Project.
ARTICLE VII.
DONATIONS TO AUTHORITY; REMITTANCE OF TAX REVENUE
1. Member Localities are hereby authorized to lend, or donate money or other
property to the Authority for any of its purposes. The Member Locality making the grant or loan
may restrict the use of such grants or loans to a specific facility owned by the Authority, within
or without that Member Locality.
6
.2. . The_ goveming body of the Member Locality in which a facility owned by theAuthority is located may direct, by resolution or ordinance that all tax revenues collected withrespect to the facility shall be remitted to the Authority. Such revenues may be used for thepayment of debt service on bonds of the Authority and other obligations of the Authority
incurred with respect to such facility. The action of iuch governing Uody shall not constitute a
pledge of the credit or taxing power of such Member Localiiy.
ARTICLE VIII.
REYENUE SHARING AGREEMENTS
Notwithstanding the requirements of Chapter 34 of Title 15.2 of the Code of Virginia
(Section 15.2-3400 et seq.), the Member Localities may agree to a revenue and economic growth
sharing arrangement with respect to tax revenues and other income and revenues generated by
any facility owned by the Authority. The obligations of the parties to any such agreement shall
not be construed to be debt within the meaning of Articles VII, Section 10, of the Constitution of
Virginia. Any such agreement shall be approved by a majority vote of the governing bodies of
the Member Localities reaching such an agreement, but shall not require any other approval.
ARTICLE IX.
BOND ISSUES
The Authority may at any time and from time issue bonds for any valid purpose,
including the establishment of reserves and the payment of interest. According to the Act,
"bonds" includes notes of any kind, interim certificates, refunding bonds or any other evidence
of obligation. Any such bonds issued pursuant to the Act shall comply with all terms and
conditions identified in Sections 15.2-6409,15.2-6410, 15.2-6411 and 15.2-6412 of the Code of
Virginia.
ARTICLE X.
ACCOUNTS AND RECORDS
The accounts and records of the Authority showing the receipt and disbursement of funds
from whatever source derived shall be in such form as the Auditor of Public Accounts prescribes,
provided that such accounts correspond as nearly as possible to the accounts and records for such
matters maintained by corporate enterprises. The accounts and records of the Authority shall be
subject to audit pusuant to Section 30-140, and the costs of such audit services shall be bome by
the authority. The Authority's fiscal year shall be the same as the Commonwealth's.
ARTICLE XI.
DISSOLUTION OF AUTHORITY
Any Member Localif of the Authority may withdraw from the Authority (i) upon
dissolution of the authority as set forth herein or (ii) with majority approval of all othq Member
Localities of the Authority, upon a resolution adopted by the goveming body of such Member
Locality and after satisfaction as such Member Locality's legal obligation, including repayment
7
of its portion of any debt increased with refund to the Authority, or after making contractuarprovisions for the repayment of its portion of any debt incurred with refund to the iuthority, aswell as pledging to pay any general dues for operation of the Authority for the current andpreceding fiscal year following the effective date of withdrawal.
- No Member Locality seeking withdrawal shall retain, without the consent of a majority of
the remaining Member Localities, any rights to contributions made by such Member ro"aity, to
any property held by the Authority or to any revenue sharing as allowid by the Act.
Upon withdrawal, the withdrawing Member Locality shall also retum to the Authority
any dues or other contributions refunded to such Member Locality during its membership in thl
Authority.
Whenever the Board determines that the purpose for which the Authority was created has
been substantially fulfilled or is impractical or impossible to accomplish and that all obligations
incurred by the Authority have been paid or that cash or sufficient amount of approved securities
has been deposited for their repayment, or provisions satisfactory for the timely payment of ail
its outstanding obligations have been arranged, the Board may adopt resolutions declaring and
finding that the Authority shall be dissolved.
Appropriate attested copies of such resolutions shall be delivered to the Governor so that
legislation dissolving the Authority may be introduced in the General Assembly. The dissolution
of the Authority shall become effective according to the terms of such legislation. The title to all
funds and other property owned by the Authority at the time of such dissolution shall vest in the
Member Localities which have contributed to the Authority in proportion to their respective
contributions.
ARTICLE XII.
AUTHORITY OPERATIONS
The Member Localities shall establish and approve By-laws by which the Authority shall
be operated for the benefit of all Member Localities. The Authority may also establish Policies
and Procedures and/or a User Agreement in order to manage its daily operations.
ARTICLE XIII.
MISCELLANEOUS
The parties to this Agreement shall have the right to amend from time to time any of this
Agreement's terms and conditions consistent with the provisions of the Act and other applicable
law, provided that all amendments shall be in writing and shall be signed by or on behalf of each
party to this Agreement.
The title of and article headings in this Agreement are solely for convenience of reference and
shall not constitute a part of this Agreement nor shall they affect its meaning, construction or
effect.
8
This Agreement may be executed in any number of counterparts, each of which sha be anoriginal aad all of which together shali constitute uui on" and the same instrument. ThisAgreement shall amend and supersede the Original Agreement.
If any clause, provision or_sectiol of this Agreement shall be held illegat or invalid byany court, the illegality or invalidity of such clausi, provision or section sha-ll not affect theremainder of this Agreement which shall be construed and enforced as if such illegal or invalid
clause, provision or section had not been contained in this Agreement. If any lgreement or
obligation contained in this Agreement is held to be in violation of law, then such u!r""."rt o,
obligation shall be deemed to be the agreement or obligation of the parties hereto-only to the
extent permitted by law.
IN WITNESS WHEREOF, the goveming bodies identified, by authorized action, have
caused this Agreement to be executed and their respective seals to be affixed hereto and attested
by their respective clerks or secretaries commencing on this _ day of _,2016.
SIGNATURE PAGES OF MEMBER LOCALITIES TO FOLLOW.
9
ATTEST:COUNTY OF ROANOKE, VIRGINIA
By:
Printed Name and TitlePrinted Name and Title
APPROVED TO FORM:
Roanoke County Attorney
l0
ATTEST:
Printed Name and Title
APPROVED TO FORM:
Botetourt County Attorney
COUNTY OF BOTETOURT, VIRGINIA
Bv:
Printed Name and Title
t1
ATTEST:CITY OF ROAtrIOKE, VIRGINIA
By:
Printed Name and TitlePrinted Name and Title
APPROVED TO FORM:
Roanoke City Attorney
12
ATTEST:CITY OF SALEM, VIRGINIA
By,
Printed Name and Title
APPROVED TO FORM:
Printed Name and Title
Salem City Attorney
IJ
ATTEST:COUNTY OT FRANKLIN, VIRGINIA
By,
Printed Name and TitlePrinted Name and Title
APPROVED TO FORM:
Franklin County Attorney
t4
ATTEST:TOWN OF VINTON, VIRGINIA
By,
Printed Name and Title
APPROVED TO FORM:
Printed Name and Title
Vinton Town Attorney
l5
nrur+-G.A-
nrrr {- 12-lb
AN ORDINANCE TO AMEND, REVISE AND REORDAIN CHAPTER 82, ARTICTE IV, SECTIONS 82-101, 82-103,
82-107(b),82-109,82-110,82-111 AND 82-113 pERTA|NtNG rO TAx ON pREPARED FOOD AND
BEVERAGES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, THAT SECTIONS 8Z-LOL,82-tO3,82-
107(b),82-109, 82-tLO,82-tL7 AND 82-113 ARTICIE lV, CHAPTER 82, ofThe Code ofthe City of Salem,
Virginia, be amended, revised and reordained to read as follows:
CHAPTER 82
ARTICLE IV. . TAX ON PREPARED FOOD AND BEVERAGES
Sec. 82-101. - Definitions.
The following words and phrases, when used in this article, shall have, for the purposes of this article,
the following respective meanings except where the context clearly indicates a different meaning:
Cater means the furnishing of food, beverages, or both on the premises of another, for compensation.
Caterer means a person who furnishes food on the premises of another for compensation.
Commissioner of the revenue means the commissioner of the revenue of the city and any of his duly
authorized deputies, assistants, employees or agents.
Food means all food, beverages or both, including alcoholic beverages, purchased in or from a food
establishment, whether prepared in such food establishment or not, and whether consumed on the
premises or not, and without regard to the manner, time or place of service.
Food establishmenl means any place in or from which food or food products are prepared, packaged,
sold or distributed in the city, including but not limited to, any restaurant, dining room, grill, coffee shop,
cafeteria, cafe, snack bar, Iunch counter, convenience store, movie theater, delicatessen, confectionery,
bakery, eating house, eatery, drugstore, ice cream/yogurt shops, lunch wagon or truck, pushcart or other
mobile facility from which food is sold, public or private club, resort, bar, lounge, or other similar
establishment, public or private, and shall include private property outside of and contiguous to a building
or structure operated as a food establishment at which food or food products are sold for immediate
consumption.
Meal means any prepared food or drink offered or held out for sale by a food establishment for the
purpose of being consumed by any person to satisfy the appetite and is ready for immediate consumption.
All such food and beverage, unless otheMise specifically exempted or excluded herein shall be included,
whether intended to be consumed on the seller's premises or elsewhere, whether designated as breakfast,
lunch, snack, dinner, supper or by some other name, and without regard to the manner, time or place of
service.
Person means any individual, corporation, company, limited liability company, association,
firm, partnership, sole proprietorship, or any group of individuals acting as a unit.
Purchaser means any person who purchases food in or from a food establishment or from a caterer.
Se//er means any person who sells food in or from a food establishment or cat€{€Je€, as a caterer.
Teasurer means the treasurer of the city and any duly designated deputies, assistants, inspector or
other employees.
Sec. 82-103. - Collection of tax by seller.
Page 1
Every person receiving any payment for food with respect to which a tax is levied hereunder shall
collect and remit the amount of the tax imposed by this article from the person on whom the same is levied
or from the person paying for such food at the time payment for such food is made; provided, however, no
blind person operating a vending stand or other business enterprise under the Jurisdiction of the Department
for the Visually Handicapped and located on property acquired and used by the United States for any
military or naval purpose shall be required to collect or remit such taxes. All tax collections shall be deemed
to be held in trust for the city.
A- All reports and remittances required under this afticle shall be made on or before the last
day of each month, covering the amount of tax collected during the preceding month.
B. The situs for taxation for any tax levied on the sale of food and beverages or meals shall
be the city in which the sales are made, namely the locality in which each place of business
is located without regard to the locality of delivery or possible use by the purchaser. The
term "sale" means a final sale to the uftimate consumer.
C. lf any person has a definib place of business or maintains an olfice in more than one
locality, then such other locality may impose its tax on the sale of food and beverages or
meals which are made by such person, provided the locality imposes a local tax on the sale
of food and beverages or meals.
Sec. 82-107. - Penalty for violation of article.
(a) Any person willfully failing or refusing to file a return as required under this article shall, upon conviction
thereof, be guilty of a class 1 misdemeanor except that any person failing to file such a return shall be
guilty of a class 3 misdemeanor if the amount of tax lalvfully assessed in connection with the return is
$1,000.00 or less. Any person violating or failing to comply with any other provision of this article shall
be guilty of a class I misdemeanor.
(b) Except as provided in subsection (a) above, any corporate, er partnership or limited liability
company officet, as defined in Code of Vlrginia, S 58.1-3906, or any other person required to collect,
account for, or pay over the meals tax imposed under this article, who willfully fails to collect or truthfully
account for or pay over such tax, or who willfully evades or attempts to evade such tax or payment
thereof, shall, in addition to any other penalties imposed by law, be guilty of a class 1 misdemeanor.
(c) Each violation of or failure to comply with this article shall constitute a separate offense. Conviction of
any such violation shall not relieve any person from the payment, collection or remittance of the tax as
provided in this article.
Sec. 82-109. - Discount.
For the purpose of compensating sellers for the collection of the tax imposed by this article, every
seller shall be allowed three percent of the amount of the tax due and accounted for in the form of a
deduction on his monthly return, provided the amount due.' (aJ is not delinquent at the time of payment, and
(b) remitted by the seller and received by the commissioner of the revenue on or belore the 2N day
of the month following the month of collection.
Sec. 82-110. - Enforcement of article; duty of commissioner of the revenue.
The commissioner of the revenue shall promulgate rules and regulations for the interpretation,
administration and enforcement of this article. lt shall also be the duty of the commissioner of the revenue
to ascertain the name of every seller liable for the collection of the tax imposed by this article who fails,
refuses or neglects to collect such tax or make the reports and remittances required by this article. The
Page 2
commissioner of the revenue may have issued a summons for such person and may serve a copy of such
summons upon such person in the manner provided by law. One return of the original summons shall be
made to the general district court for the city. Police powers are hereby conferred upon assistants,
employees and agents while engaged in their duties pursuant to this article, and they shall exercise all the
powers and authorities of police officers in performing such duties.
The commissioner of the revenue shall have all of enforcement powers as authorized by Afticle
I, Chapter 31 of Title 58.1 of the Code of Virginia, 1950, as amended.
Sec. 82-111. - Procedure upon failure to collect, report, etc.
lf any seller, whose duty is to do so, shall fail or refuse to collect the tax imposed under this article and
to make, within the time provided in this article, the reports and remittances mentioned in this article, the
commissioner of the revenue shall proceed in such manner as he may deem best to obtain facts and
information on which to base his estimate of the tax due. As soon as the commissioner of the revenue shall
procure such facts and information as he is able to obtain, upon which to base the assessment of any tax
payable by any seller who has failed or refused to collect such tax and to make such report and remittance,
he shall proceed to determine and assess against such seller the tax and penalties provided by for this
article and shall notify such seller, by registered mail sent to this last known place of address, of the total
amount of such tax and penalties, and the total amount thereof shall be payable within ten days from the
date such notice is sent.
All food and beverage tax collections and all meals tax collections shall be deemed to be held in
trust. The wrongful and fraudulent use of such collections other than remittance of the same as
provided by law shall constitute embezzlement pursuant to the Code of Viryinia 1950, as amended.
Sec. 82-113. - Penalty for late remittance or false return.
(a) lf any seller, whose duty it is to do so, shall fail or refuse to file any report required by this article or to
remit to the city treasurer the tax required to be collected and paid under this article within the time
and in the amount specified in this article, there shall be added to such tax by the city treasurer a
penalty in the amount of ten (10) percent for fhe first month the taxes are past due and five (5)
percent for each month thereaftet up to a maximum of twenty-five (25) percent of the taxes
collected but not remitted, or $10.00, whichever is greater. Provided, however, that the penalty
shall, in no case, exceed the amount of the tax assessabre. if+h€-feilu+e-i€-n r+ m€r€-th€n-3o
day6i with an additi€nal ten pereent ef the tetal ameunt ef tax ewed aleng with all penalties for late
@h additi€nel 30 days 6r fraGtien thereef Curing whi6h the failure
(b) ln the event that any tax under this section is not paid by the due date, inlercsl may commence not
earlier than the first day following the day such taxes are due by ordinance to be fited, al lhe
rate not to exceed e+ ten (70, percent per year. @@
(c) ln the case of a false or fraudulent return with intent to defraud the city of any tax due under this article,
a penalty of 50 percent of the tax shall be assessed against the person required to collect such tax.
All ordinances, or parts of ordinances, in conflict with the provisions of this ordinance be and the same
are hereby repealed.
This ordinance shall be in full force and etfect ten (10) days after its final passage.
Page 3
Upon a call for an aye and a nay vote, the same stood as follows:
James A. Martin -
William D. Jones -
Jane W. Johnson -
John C. Givens -
Byron Randolph Foley -
Passed:
Effective:
lvlayor
ATTEST:
James E. Taliaferro ll
Clerk of Council
City of Salem, Virginia
Page 4
ITEM#.Gb,_
onrrt.!.A-.1_F
AN ORDINANCE TO AMEND, REVISE AND REORDAIN CHAPTER 82, ARTICLE V, SECTIONS 82.138 ,82-L3g,
82-T42,82-746 AND 82.747, PERTAINING TO TRANSIENT LODGING TAX.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, THAT SECTIONS 82-L38,82-
139,82-L42' 82-146, AND 82-147, Article v, chapter 82, ofThe code ofthe city of salem, virginia, be
amended, revised, and reordained to read as follows:
CHAPTER 82
ARTICLE V. . TRANSIENT LODGING TAX
Sec. 82-138. - Collection and payment of tax.
Every provider of lodging with respect to which a tax is levied under this article shall collect the amount
of tax imposed under this article from the purchaser on whom such tax is levied at the time payment for
such lodging becomes due and payable, whether payment is to be made in cash or on credit, by means of
a credit card or otherwise. The amount of tax owed by the purchaser shall be added to the cost of the
lodging by the seller, who shall pay the taxes collected to the city as provided in this article. Taxes collected
by the seller shall be held in trust by the seller until remitted to the city.
All reports and remiltances required under this afticle shall be made on or before the last day
of each month, covefing the amount of tax collected during the preceding month.
Sec.82-139. - Reports and remittances generally.
Every provider of lodging with respect to which a tax is levied under this article shall make out a report
upon such forms and setting forth such information as the commissioner of the revenue may prescribe and
require, showing the amount of lodging charges collected and the tax required to be collected, and shall
sign and deliver such report to the city treasurer with a remittance of such tax. Such reports and remittance
shall be made en-€F+efrrre+he+O+h4ay of each month, covering the amount of tax collected during the
preceding month.
Sec. 82-142. - Discount.
For the purpose of compensating providers for the collection of the tax imposed by this article, every
seller shall be allowed three (3, percent of the amount of the tax due and accounted for in the form of a
deduction on his monthly return; provided the amount due (a,) is not delinquent at the tlme of payment, and
(b) remilted by the serrers and received by the commissioner of the revenue on ot beforc the 2P
day of the month following the month ol collection.
Sec. 82-146. - Penalty for late remittance or false return.
(a) lf any provider of lodging, whose duty it is to do so, shall fail or refuse to file any report required by this
article or to remit to the city treasurer the tax required to be collected and paid under this article, within
the tame and in the amount specified in this article, there shall be added feF+ax+y+he€ity+re6su{€+€
PeneltFj++heemsunt ef ten perG€nt if the failsre is net fer mere than 30 daysr with an additienal ten
@aleng with all penalties fer late payment previeurly levied fer
b such tax by the city treasurer a penatty in
the amount of ten (10) percent for the first month the taxes are past due and five (S) iercent for
each month thereafter, up to a maximum of twenE-five (25) percent of the taxes collected butnot remitted or 910.00, whichever is greater. provided, however, that the penatty shall, in no
case, exceed the amount of the tax assessab/e.
(b) ln the event that any tax under this section is not paid by the due date, interest ,nay com mence not
earlier than the first day fo owing the day such taxes are due by ordinance to be filed, at the
rale not to exceed et ten (r0., percent per year. @id@
(c) ln the case of a false or fraudulent return with intent to defraud the city of any tax due under this article,
a penalty of 50 percent of the tax shall be assessed against the person required to collect such tax.
Sec. 82-147. - Penalty for violation of article.
Any person violating, failing, refusing or neglecting to comply with any provision of this article shall be
guilty of a classi , misdemeanor. Conviction of such violation shall not relieve any person from the
payment, collection or remittance of the taxes provided for in this article. An agreement by any person to
pay the taxes provided for in this article by a series of installment payments shall not relieve any person of
criminal liability for violation of this article until the full amount of taxes agreed to be paid by such person is
received by the treasurer. Each failure, refusal, neglect or violation and each day's continuance thereof
shall constitute a separate offense.
All ordinances, or parts of ordinances, in conflict with the provisions of this ordinance be and the same
are hereby repealed.
This ordinance shall be in full force and effect ten ('10) days after its final passage.
Upon a call for an aye and a nay vote, the same stood as follows:
James A. Martin -
William D. Jones -
Jane W. Johnson -
John C. Givens -
Byron Randolph Foley -
Passed:
Effective:
lvlayor
erurorn 'ureles Io IltC
lrcunoS lo 4telc
ll oJeJerlel f seuJef
:tsf t_t_v
IEM# CC_-
olt 9-P-ttz
THE COUNCIL OF THE CJTY OF SALEM, VIRGINIA, September 12,2016:
RESOLUTION 1302
BE IT RESOLVED BY THE CITY OF SALEM, VIRGINIA, that a resolution supporting
roll or/roll off accommodations for bicycles on Amtrak passenger rail service to the Roanoke
Valley.
WHEREAS, the City of Salem is a Bicycle Friendly Community as designated by the
League of American Bicyclists;
WHEREAS, the Downtown Roanoke Intermodal Transportation Study identifies the
different modes ofTransportation and forms ofvehicle, pedestrian, and 'bicycle access that should
be accommodated with an intermodal transportation facility;
WHEREAS, the 2012 Bikeway Plan for the Roanoke Valley Area Metropolitan Planning
Organization represents a coordinated effort by the Roanoke Valley Transportation Planning
Organization and local jurisdictions to facilitate development of a regional transportation network
that accommodates and encourages bicycling as an altemative mode oftravel;
WHEREAS, the 2014 Livable Roanoke Valley Plan emphasizes non-motorized
transportation, such as bicycling, as a way to achieve both transportation and public health goals
at the same time;
WHEREAS, Amtrak passenger rail service is anticipated to retum to Roanoke in20l7;
and
WHEREAS, the City of Salem encourages the use of bicycles by Amtrak rail passengers and
reinforces bicycle transportation and tourism by including roll on/roll offbicycle accommodations
when rail service is extended to the Roanoke Vallev.
THEREFORE, BE IT RESOLVED, by the Council of the City of Salem, that it supports roll
on/roll off accommodations for bicycles and encourages the Commonwealth of Virginia
Department of Rail and Public Transportation to work with Amtrak to facilitate the implementation
of roll on/roll off bicycle accommodations when passenger rail service is extended to the City of
Salem.
Upon a call for an aye and a nay vote, the same stood as follows:
James A. Martin -
William D. Jones -
Jane W. Johnson -
John C. Givens -
Byron Randolph Foley -
ATTEST:
James E. Taliaferro, II
Clerk of Council
City of Salem, Virginia
SALE
[TEM# 6D_
1- tz--tta
Ofice of the City Clerk
September 12,2016
Council of the City of Salem
Salem, Virginia 24153
Dear Cor.rncil Members:
For your information, I am listing reappointments and vacancies on various boards and
commissions:
Community Policy & Management Team Rosemary Walker to replace Kimberly Lee, Shannon
Brabham to replace Patience O'Brien, Josh Shelor to
replace Stacy Sheppard; also the end ofterm for Dr.
Stephen Richerson, the private provider will be June 3o,
2OL7 .
Reappoint Morris Elam, Jr. (Term ended May 26, zo16.)Roanoke Valley Greenway Commission
Board of Zoning Appeals Need one full member and three alternate members,
five year terms.
Board of Appeals (USBC Building Code) Need one fullterm member and three alternates, five-
year terms.
Convention & Visitors Bureau Need one full member, no term limit.
Economic Development Authority Need one full term member, four-year term.
Fair Housing Board Need two full members, three-year terms.
Fine Arts Commission
Planning Commission
Need all full members, four-year terms.
neeo or," r,rrrterrn n ernoer l
Sincerely,
James E. Taliaferro, II
Assistant City Manager and Clerk of Council
Attachment
Board. or Commission Recommendation
Vacancies with Candidates
Vacancies
CITY OF SALEM, VIRGINIA
BOARDS AND COMMISSIONS
August 2016
M EI\4 BER EXPIRATION OF TERM
BLUE RIDGE BEHAVIORAL HEALTHCARE
Term of Office: 3 years (3 terms only)
Pat MacDonald
David Wells
Linda Franke
AT LARGE MEMBERS:
Vic Boddie
Bruce N. Thomasson
Gregory Hamilton
1-01-17
1-01-18
'l-01-20
1-01-19
1-01-'16
Wendel lngram
N. Jackson Beamer, lll
David A. Prosser
Nancy Duffy
Gill R. Roseberry
1 1-30-18
1 1-30-1 8
11-30-16
11-30-17
11-30-17
F. Van Gresham
David E. Derr
Winston J. DuBois
Gary Lynn Eanes
Robin R. Dearing
3-20-17
3-30-1 I
6-05-19
3-20-20
3-20-16
(will not accept reappointment)
ALTERNATES:
Frank Sellers
Vacant
Vacant
4-14-2021
CONVENTION & VISITORS BUREAU
Carey Harveycutter No term limit
(resigned March 2016
M EI\4BER EXPIRATION OF TERM
Partnership for a Livable Roanoke Vallev
Term of Office: Unlimited
James E. Taliaferro, ll
COMMUNITY POLICY AND MANAGEMENT TEAM
No term limit except for Private Provider
12-31-18
12-31-16
12-31-17
12-31-16
12-31-17
12-31-18
Vacant
Vacant
BOARD OF EQUALIZATION OF REAL ESTATE
ASSESSMENTS
Term of Office: 3 years (appointed by Circuit Court)
BOARD OF APPEALS (USBC BUILDING CODE)
Term of Office: 5 years
John R. Hildebrand
Robert S. Fry, lll
David A. Botts
Nathan Routt
Greg Lewis
(will not accept reappointment)
ALTERNATES:
Dr. Stephen Richerson - term ends June 30,2017
ECONOMIC DEVELOPMENT AUTHORITY
Term of Office: 4 years
William O. Mongan
C. Wayne Adkins
J. David Robbins
J udith F. Hagadorn
Joseph E. Yates, Jr.
Dale P. Lee
Bruce Porter
(resigned as of Oclober 5, 2015)
ECONOMIC DEVELOPMENT COMMITTEE
No Terms, no alternates
Jane Johnson James Martin
Kevin Boggess James Taliaferro
Melinda Payne Benjamin Tripp
Mary Ellen Wines Judy Hough
FAIR HOUSING BOARD
Term of Office: 3 years
Kathleen H. Manson
Joseph Harris, ll
(did not respond to written request for re-appt)
Joseph Kyle, lll 7 -01-13
(did not respond to written request for re-appt)
Charles T. Gwaltney
Betty Waldron
(Names)
Rosie Jordan
Benjamin W. Tripp
Carolyn Minix
Cheryl Wilkinson
Parent Rep Open
Joyce Earl
Randy Jennings
Darryl Helems
Derek Weeks
Debbie Sams
(Alternates)
Tammy Todd
James E. Taliaferro,
Kimb€dy+€e
Donna Dent
Parent Rep Open
Pati€n€e€€+i€n
Deborah Coker
Amanda Hall
Sta€ysh€ppeC
Open
3-09-19
3-09-20
3-09-20
3-09-17
3-09-17
3-09-18
3-09-18
BOARD OF ZONING APPEALS
Term of Office: 5 years (appointed by Circuit Court)
5-10-17
7-01-13
7-01-16
7-0'l -16
MEMBER EXPIRATION OF TERM MEMBER EXPIRATION OF TERM
ROANOKE VALLEY GREENWAY COMMISSION
Term of Office: 3 years
McMillian H. Johnson, lV
Morris A. Elam, Jr.
Skip Lautenschlager
6-30-20'17
6-30-2017
FINE ARTS COMMISSION
Term of Otfice: 4 years
Cameron Vest
Julie E. Bailey Hamilton
Brenda B. Bower
Vicki Daulton
Hamp Maxwell
Fred Campbell
Rosemary A. Saul
Rhonda M. Hale
Brandi B. Bailey
5-01-'15
5-0'l-15
7 -26-12
10-26-12
10-26-12
5-01-13
10-26-13
10-12-14
10-12-14
4-19-18
5-26-16
9-26-17
STUDENT REPRESENTATIVES
LEAGUE OF OLDER AMERICANS
Term of Office: 3 years
John P. Shaner
REAL ESTATE TAX RELIEF REVIEW BOARD
Term of Offlce: 3 years
David G. Brittain
Jimmy W. Robertson
Daniel L. Hart
ROANOKE VALLEY-ALLEGHANY REGIONAL
COMMISSION
Term of Office: 3 years
ROANOKE VALLEY TRANSPORTATION PLANNING
ORGANIZATION (TPO) POLICY BOARD
Term of Office: 3 years
Jane Johnson
William "Bill" Jones
SCHOOL BOARD OF THE CITY OF SALEIV1
Term of Office: 3 years
Nancy Bradley
Michael Chiglinsky
Andy Raines
Artice Ledbetter
David Preston
SOCIAL SERVICES ADVISORY BOARD
Term of Office: 4 yeas, 2 term Lmit
Betty McCrary 12-1-18
TOTAL ACTION AGAINST POVERTY
Term of Office: 2 years
Byron Randolph Foley
(Melinda Payne appointed 1-14-18
as fulltime alternate)1-31-18
VIRGINIA WESTERN COMMUNIry COLLEGE
Term of Office: 4 yea.s (2 terms only)
Forest G. Jones 6-30-18
WESTERN VIRGINIA EMERGENCY MEDICAL
SERVICES COUNCIL
Deputy Chief Matt Rickman No term limit
WESTERN VIRGINIA REGIONAL INDUSTRIAL
FACILIry AUTHORITY
Term of Office: 4 years
Kevin S. Boggess
Melinda J. Payne
James E. Taliaferro, ll
(alternate for Boggess)
Benjamin W. Tripp
(alternate for Payne)
WESTERN VIRGINIA REGIONAL JAIL AUTHORITY
Term of Office: 1 year
William D. Jones
Alternate: Byron R. Foley
James E. Taliaferro, ll
Alternate: RosemarieJordan
Eric A. Atkins
Alternate: April M. Staton
PLANNING COMMISSION AND
N PDES C ITIZE l..l S,COMNIlTTEE
Term of Offlce: 4 years
Sam Carter, lll
Dee King
Vicki Daulton
Jimmy W. Robertson
Bruce N. Thomasson
Jane W. Johnson
William D. Jones
James Martin
Melinda J. Payne
3-01-18
1-28-17
6-09-17
8-12-17
8-12-17
3-01-'18
7-31-18
7-31-18
7 -26-19
7 -26-16
8-28-17
2-14-19
2-',t4-17
2-14-18
6-30-18
2-24-17
6-30-18
6-30-19
Alternate
Rosemarie Jordan
12-31-18
12-31-18
12-31-16
12-31-16
12-31-17
PERSONNEL BOARD
Term of Office: 2 years
Larry A. Lynch
William R. Shepherd
J. Chris Conner
Margaret Humphrey
Lexi H. Dibbern
ROANOKE VALLEY BROADBAND AUTHORIry
Term of Office: 4 years
Kevin S. Boggess 12-31-2019
ROANOKE VALLEY DETENTION COMMISSION
No Terms
Member
James Taliaferro
2-3-2018
2-3-2020
2-3-2018
2-3-2020
't2-31-2016
12-31-2016
12-31-2016
12-31-2016
12-31-2016
12-31-20',l6
IIEM#-bE-
DATE q- ra-lb
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM,
VIRGINIA HELD AT CITY HALL
MEETING DATE: September 12,2016
AGENDA ITEM: Request to accept and appropriate the CDBG Downtown
Salem Planning Grant
SUBMITTED BY: Rosemarie B. Jordan
Director of Finance
SUMMARY OF INFORMATION:
The City of Salem has been awarded $20,000 for a CDBG Planning Grant. These
funds will be used for preliminary engineering for the Downtown Streetscape project,
architectural analysis of the facades and the development of a marketing and branding
strategy. This grant will be administered by the Department of Housing and Community
Developmenl. No local match is required for this grant.
FISCAL IMPACT:
This grant will allow us to continue the work that has been started on the Downtown
Revitalization Project.
STAFF RECOMMENDATION:
Staff recommends accepting the CDBG funding of $20,000 and appropriating $20,000
in planning state grant revenue to account l0-042-0'100-48396 and $20,000 to planning
state grant expenditure account 1 0-042-8120-55859 for the purpose stated above.
nEM#_bE_
DATE q-lz-lb
AT A REGULAR I\4EETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA
HELD AT CITY HALL
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
September 12,2016
Request to appropriate funds for the Thompson Memorial
Corridor and Land Use Planning and Design project.
Rosemarie B. Jordan
Director of Finance
SUMMARY OF INFORMATION:
The City is undertaking a community based planning effort to develop a corrador plan for
Thompson Memorialthat willguide future land use and development decisions. Fundingof
$50,000 was available in the FY20'16 budget but the project was not started in Fy2O16.
The project will proceed in FY2017, so staff is requesting that the $5O,OOO be
reappropriated from fund balance.
FISCAL IMPACT:
The $50,000 will allow us to proceed with the Thompson Memorial corridor and land use
planning and design pOect.
STAFF RECOMMENDATION:
Staff recommends appropriating $50,000 from fund balance to account 10-080-8110-
53199, Other Professional Services, for the purpose state above.
9415 9- tz- lt,
ATA REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA
HELD AT CITY HALL
MEETING DATE: Septembe|l2, 2Oj6
AGENDA ITEM: Request to accept and appropriate the State Homeland
Security Program (SHSp) grant.
SUBMITTED BY: Rosemarie B. Jordan
Director of Finance
tTEl\4 *
SUMMARY OF INFORMATION:
The City has been awarded a total of g89,5OO in State Homeland Security program grant
funds. $82,000 will be used to purchase a new tow vehicle for the hazardous materials
response team and $7,500 will be used to provide foam training for the hazardous
materials technicians. Funds were allocated to the City from the U.S. Department of
Homeland Security Federal Emergency Management Agency. The grant will be
administered by the Virginia Department of Emergency Management (VDEM). This grant
does not require a local match.
The tow vehicle will be used to transport the foam trailer that was purchased with grant
funds. This appropriation was approved on June 22,20'15.
FISCAL IMPACT:
The grant will allow us to purchase new equipmenl that is not included in the current
budget.
STAFF REGOMMENDATION:
Staff recommends accepting the 989,500 from the SHSP grant and appropriating $89,500
in federal grant revenue to account '10-032-01 00-48530 and $89,500 to Fire Federal Grant
Expenditures, account 1 0-032-3210-55858 for the purpose state above.
rEM #-6,8-
oATE q-\2-19
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEI\,4.
VIRGINIA HELD AT CITY HALL
MEETING DATE:
AGENDA ITEM:
September 12,2016
Request to amend stormwater permit fees appropriation
process
Rosemarie B. Jordan
Director of Finance
SUBMITTED BY:
SUMMARY OF INFORMATION:
Stormwater management programs were implemented by local governments effective July
1,2014 as required by the State to comply with the Clean Water Act of 1972. On March
23, 2015, City Council adopted a policy to allow staff to administratively appropriate any
stormwater management fees not expended in the fiscal year in which they were received.
Staff has been made aware that this original action did not reflect the full funding plan for
the program. The intention of the program is to dedicate all fees received from the
stormwater program, as well as commit all funds that are budgeted for the stormwater
program in the general fund to the management of this program. This process should
allow the stormwater management program to be self-sustaining for a longer period of time
without implementing a utility fee for the program.
FISCAL IMPACT:
Funds will continue to be dedicated to the MS-4 and Virginia Stormwater Management
programs as required by the State.
STAFF RECOMMENDATION:
Staff is requesting the right to administratively appropriate all revenue received and all
stormwater program funds budgeted in the general fund operating budget that are not
spent to the subsequent fiscal year, subjecl to a limit of $25,000. lf the appropriation
exceeds $25,000, the request will be brought to City Council for approval. The current
balance that needs to be reappropriated for slormwater management is #33,028.96. Staff
recommends appropriating $33,028.96 to stormwater management programs expenditure
account'l 0-04241 1 0-55842.
trEM #_-6A
DATE q- tz-lk
ATA REGULAR MEETING OF THE CITY COUNCIL OF THE CIryOF SALEM, VIRGINIA
HELD AT CITY HALL
MEETING DATE: September 12,2016
AGENDA ITEM: Request to accept and appropriate funding from Virginia
Department of Transportation for multimodal improvements
along Roanoke Boulevard
SUBMITTED BY: Rosemarie B. Jordan
Director of Finance
SUMMARY OF INFORMATION:
The City has been awarded $884,881 as part of the Virginia Department of
Transportation's (VDOT) Six Year lmprovement Plan, as approved by the Commonwealth
Transportation Board. These funds will be used to construct an 8' wide sidewalk along the
north side of Roanoke Boulevard in the vicinity of the VA Hospital. The crossing at
Hemlock Road will be improved, resulting in better visibility for those with disabilities. The
prolect will make the entire area more walkable and safer for pedestrians. The City will
receive $876,381 of the amount awarded as $8,500 of project funds will cover expenses
incurred by VDOT. No local match is required.
FISCAL IMPACT:
Funds may only be used for the multimodal improvement project along Roanoke
Boulevard, which is not included in the current budget.
STAFF RECOMMENDATION:
Staff recommends accepting grant funding and appropriating $876,381 to account 20-0'12-
0200-48995, Federal crant revenue and $876,381 to account 20-042-0205-54409,
Roanoke Boulevard Multamodal lmprovements, for the purposes slated above.
PI]RCHASE AGREEMENT
This Agreement for Purchase and Sale of Rea[ Property (".Affiemgg|]), is made this
I-ZA- day of May,2016,by and between WILLIAM E. LEE ("Seller") and CITY OF
SALEM, VIRGINIA, a Municipal corporation (.'Fureha3er),
Seller is the sole owner in fee simple of certain real property designated as Tax Map No.
164-l-9, consisting of 0.77 acres, and being known as 1 1 12 Tidewater Street, located in the City
of Salem, Virginia.
Seller is desirous of selling the said real property unto the Purchaser, and Purchaser is
desirous ofpurchasing said property; aad now, therefore,
FOR and in consideration of Ten pollars ($10.00) cash in hand paid by Purchaser to
Seller, receipt of which is hereby acknowledged, and the mutual promises hercafter set forth and
other good and valuable consideratioq the receipt and sufiiciency of which is also hereby
acknowledged, the parties hereto, intending to be fully and legally bound, hereby agrees as
follows:
1. DEFINITIONS. As used in this Agreement unless the context otherwise requires
or it is otherwise hcrein expressly provided, the following terms shall have the following
meanings:
. .
"Effective Date" shall mean the date of the last signature of a party hereto'
j?mpg4f shall mean the lot or parcel ofland as the same is described above'
The Property shall also include all of Seller's right, title and interest in and to all inchoate
rights, easements, appurtenaoces, and unpaid award in respect ofany street road, ailey, sidewalk
oiparking area in fr-ont of the Property, and in and to any unpaid award for damage by reason of
any change in the grade of any such sheet, road, alley, sidewalk or parking area'
"Purchaser" shall mean City of Salem, Virginia, a Municipai corporation, with an address
at: P.O. Box 869, Salem, Virginia 24153.
lPurchaee Priee" shall mean $150,000.00.
"Seller" shatl mean William E. L,ee, with an address at: c/o Vickie Lee Sanders and
Roger Sanders, Conservators, c/o James Jordan, Esquire, Attomey for Seller,201 S. college
Avenue, Salem, Virginia 24153..
-lgqlC!CIellt:i8dlo.:qlliisd shall mean the consummation of the sale and purchase
(0@20,{61-l I
provided for in this Agreement to occur as provided in Paragraphs I I and t2 hereof.
2' PURQH.ASE AND SALE. The Seller agrees to sell and convey and the Purchaser
agrees to purchase the Property upon the terms set forth hereinafter
3. DIllpSILJUBgHASE-pslcEANppAyMHNl.
3.1 Purchaser has provided the Deposit in the amount of Two Hundred Fifty and
00/100 Dollars ($250.00) to Seller. The Deposit snU be retumed to Purchaser if this Agreement
terminates without a breach of this Agreement by purchaser.
3.2 The Purchase Price shall be paid as follows.
(i) [n addition to the Two Hundred Fifty and 00/100 Dollars ($250.00)
representing the Deposit, the purchaser shall pay $149,750.00 in cash at Settlement.
of this Agreement, the Seller agrees to provide to the P*"hur"., at no cost, immediately, but not
later than frve (5) days after the Eftective Date, any surveys, development information,
en'vironmental studies, soil boring data, all title examination records and a copy of the title
insurance policy now held by the sluer which relzrte to the property.
5., DETAULT/TERMrNSTr9N.
5.1 In the event Purchaser fails or reftrses to go to Settlement in compliance with the
terms hereof, and the Selier has not defaulted hereunder, the Seller shall retain the Deposit as its
sole remedy for such default, as liquidated damages, and Purchaser shatl forfeit its Diposit and
neither party shall have any further obligations hereunder except as otherwise provided in
Paragraph B.l. The parties acknowledge that the Deposit represents a reasonable effort to
ascenlain the damages to Seller in the event of a Purchaser default, which damages are diffrcult
or impossible to quantiff.
5.2 In the event Seller fails or refuses to go to Settlement or to perform its obligations
in compliance with the terms hereof Purchaser shall be entitled, as its sole remedies, to eilher (i)
termi:nate this Agreement and be entifled to the return of the Deposit as its sole remedy or (ii) in
the aLternative, sue for specific performance of this Agreemeni, in which case, if purctraier is
sut)cessful, Purchaser shall be entitled to an award for its reasonable attomey fees incurred in
sur:h action. Seller shall rrot be liable for any consequential, indirect, or incidental damages.
5-3 Purchaser shall have the right, until all the contingencies set fonh in Paragraph 9
belovr have been satisfied, to notifu Seller of its election to terminate this Agreement and Slller
shall imrnediately refund the Deposit referred to herein to Purchaser and neither party shall have
any fi.rrther rights against the other arising out ofthis Agreement except as providld in paragraph
8.1 .
10002046:-t )
In consideration of the execution
I
I
i
iIIII
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!
Iii
6. 8-E The Seller represents
and warrants to the Purchaser as follows:
6.1 The title to &e Property is, and at Settlement will be, marketable and good of
record and in fact, free and clear of all liens, encumbrances, exceptions or leases and otherwise
be free of covenants, conditions, restrictions and will be insurable at standard title insurance
company rates at the title company chosen by Purchaser. To the best ofthe knowledge ofSeller,
there are no title conditions adversely affecting title insurability. The Property is also sold
"subject to" such state of facts as an accurate survey of the Property would disclose, provided
that, (a) nothing contained therein would render title unmarketable or would prevent or interfere
with the current use of the Property; (b) no improvements on the Property encroach upon
adjoining properties; and (c) the title company insuring Purchaser's title will agree to remove the
"survey exception" from Purchaser's title policy upon rsceipt ofa survey. All individual parcels
of real property constituting the Property are contiguous and the Property is free olgaps or gores.
6.2 The Seller is the sole fee simple owner of the Property and has atl necessary
authority to sell the Property subj ect to the condition in paragraph 9.5. There are no other
contracts for sale or options invoiving the Property. No other party has any right, title or interest
in the Property; and there are no leases affecting the Property.
6.3 The Property is zoned HM as defined by in the City of Salem Zoning Ordinance.
There are no eminent domain or condemnation Proceedings pending against the Property, and
Seller has no knowledge of such proceedings or of any intentions or plans defurite or tentative
that such proceedings might be instituted.
6.4 There are no actions or suits in law or equity or proceedings by any governmental
agency now or pending or, to the knowledge of Seller, threatened against Seller in connection
with the Property. There is no outstanding order, wdt, injunction or decree of any court or
govemmental agency affecting the Property.
6.5 There has not been made and will not be made, without the Purchaser's consent,
any proffers or other commitrnents to any state, county, federal or local governmental or quasi-
govemmental authority, utility company, school board, church or other religious body, or any
public or private organization or individual, relating to the Property, which would impose any
obligation on Purchaser or its successors and assipns, after Settlement, to make any contribution
of money or dedications ofland or to construct, install or maintain any improvements ofa public
or private nature on or offthe Propedy.
6.6 The execution and delivery of this Agreement, the corsummation of the
transactions contemplated herebS and the fulfrllment of the terms hereof will not result in a
breach of any of the terms or provisions oi or constitute a default under, or conflict with any
agreement, indenture, or other instrument to which Seller is a party or by which it or the Property
is bound, any judgment, decree, order, or award ofany court, governmental body or arbitrator, or
any law, rule, or regulation applicable to Seller.
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6.7 To the best ol Seller's knowledge: (i) none of the property has been excavated
(except for slandard grading related to site development); (ii) no hazardous materials, toxic
chemicals,orsimilarsubstances,asdefinedby42U.S.C.'l251,etggq.or42U.S.C.'6901,et
seq. or 42 U. S. C. '9601, er seq., or 33 U.S.C. , 1317(t), or t5 U. S. C. ,2606(f), or 49 U. S. C.
' l80l et;9q., or regulations adopted pursuant therelo, or any similar provision ofaoy applicable
slate, Federal, or local law (collectively 'Jl4g44lqus Maictd!:), .ue or were stored or uiid on or
under or otherwise were or are in existence or were in any way dealt with on or under the
Proporty; and (iii) no owner or occupant of the Property has received any notice from the
govel.Trnental agency with regard to such Hazardous Materials.
6.8 Selier knows of no materially adverse fact affecting or threatening to affect the
Propcrty which has not been disclosed to Purchaser in writing,
6.9 Under penalty of law, Seller is not a "foreign person" as contemplated in Section
1445 of the Intemal Revenue Code, as a-ended. Seller agrees to execute at Settlement an
affrdavit in the forrn required by the Intemal Revenue Service to exempt Purchaser form any
withholding requirements under Section 1445.
6.10 In the event any of the representations, wananties, additional undertakings of
Seller in this Paragraph 6 and/or other responsibilities of the Seller, as set forth in this
Agreement, aie not accurate and cannot be or are not ratified or firlfilled prior to Settlement, then
the Purchaserishall have the right at its sole optioq to take any or no.," of th" following actions;(i) waive the inaccurate, unratified or ulfirlfilled representation, warranty, additional
undertakings and/or responsibility of Seller, and proceed with Settlement hereunder, provided,
however, that such waiver shall be in writing, or (ii) terminate this Agreement, whereupon all
rights and res.ponsibilities hereunder shall be nuil and void, and neither party shall have any
firther obligation hereunder, Remedies of Purchaser under this Paragraph are in addition to the
remedies of Purchaser under Paragraph 5.2 hereof and the rights of Purchaser under Paragraph 9
hereof.
7. I'II'RESENIATIONSANDWARRANTIESOt.'PI.'RCHASER.
The l)urchaser represents and warrants to Seller that the Purchaser has t}le financial ability to
purchase ihe Property and satisfu all other obligations under this Agreement.
8. ADPITIONAL LTNDERTAKINGS OF THE PARTIES
8.1 The Seller shall give to the Purchaser and its designated agents and
representatives full access to the Prope(y during normal business hours throughout the Study
Period as defined in paragraph 9.2, including the right, at the Purchaser's own risk, cost and
expense, and upon reasonable notice to Seller, to cause its agents or representatives to enter upon
the Property fi:r the purpose of making surveys or soil boring, engineering, water, sanitary and
storm sewer, environmental assessment and evaluation, utilities, topographic and other similar
tests, investigations or studies and to perform zoning and econornic feasibility studies as the
Purchaser may desire, provided, that the Pruchaser, at its expense, restores the property to its
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prior condition to the exlent of any changes made by its agents or representatives in the event it
does not purchase the Property. The Seller shalt furnish to the Purchaser during such periods all
information concerning the Property which the Purchaser may reasonably request and which is in
the possession of Seller. Purchaser indemnifies and agrees to hotd Seller harmless and defend
the Seller from any loss, cost, expense and claims for damages to Seller or its agents caused by
the actions of Purchaser or its agents in the course of conducting the studies described under this
paragraph 8.1. Purchaser's obligations hereunder are in addition to the obligations of Purchaser
and rights of Seller under Paragraph 5.1.
8.2 At Settlement, the Seller agrees to execute, acknowledge and deliver to the
Purchaser a general warranty deed (Deed) in proper form for recording, conveying the Property
to the Purchaser lree and clear ofall conditions, restrictions, liens, encumbrances or agreements.
8.3 The Seller agrees to give possession and occupancy ofthe Property on the date of
Settlement, free and clear ofany and all leases or other right in any third party.
8.4 Seller agrees to deliver the following to the Escrow Agent at Settlements:
(D The fully executed Deed.
(ii) Any other documents reasonably required by Escrow Agent or Purchaser.
9. CONDITIONS PRECEDEN'I' (PONTINGENCIES) TO THE OBLIGATIONS
TO SETTLE. The obligations of the Seller and Purchaser to settle upon the Property pu$uant to
the provisions ofthis Agreement shall be subject to all of the following conditions:
9.1 The representations and warranties ofthe Seller set forth in this Agreement shall
be true and correct on and as of the Settlement as though such representations and warranties
were made on and as of such date. Notwithstauding that certain of Seller's representations and
warranties may be limited to the extent of actual lorowledge of the faots stated therein, it shall be
a condition precedent to Purchaser's obligation to go to Settlement that tlre facts stated in all such
representations and warranties shall be materially conect as ofthe time of Settlement.
9.2 Purchaser shall have thirfy (30) days Aom the Effective Date ("S!nllggdod.") to
complete the studies described in Paragraph 8.1 above and to determine in its sole discretion that
the condition of the Property is satisfactory for the intended use of Purchaser. In the event that
the Purchaser is not so satisfied for any reason whatsoever, at any time prior to the expiration of
the Study Period and Purchaser has advised the Seller in writing of its intention not to proceed to
Settlement under the terms of this Agreement, then, in such event, this Agreement shall
automatically be deemed to be terminated, the Deposit shall be retumed to the Purchaser
immediately and no party shall have any further liability hereunder except for such obligatiors of
Purchaser under Paragraph 8. I .
9.3 The title to the Property shatl be insurable by a recognized title company of the
Purchaser's choice, at standard rates, and without exception all at the cost of the Purchaser.
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Should a Non-Pern tted Encumbrance be discovered and Seller advised in writing prior to
Settlement then Purchaser, at its sole discretion, may take any action authorized by laiagraph
6.10 hereof. In addition, the time for Settlement may be extended, at purchaser's opiion, foi a
period to be specified by Purchaser not to exceed rhirty (30) days from the date oi notice by
Purchaser ro Seller of a Non-Permitted Encumbrance, in order to allow Seller to remove the
Non-Permitted Encumbrance.
9.4 Seller shall have discharged all obligations required of it under this Agreement
and rihall have provided all documents and other items required to be provided pursuant to
parappaph 8.4 hereof.
9.5 Seller shall have obtained the approval to sell the Property pursuant to the terms
of this contract from the l{oanoke County Circuit Cout.
9.6 The Purchaser shall have obtained the approval ofthe City Council ofthe City of
Salern, Virgiriia" to enter into this Purchase Agreement.
9.7 Prior to Settlement, the Seller sh: l clean and remove from the Prope(y all debris,
including but not limited to, garbage, vehicles, sheet metd, hazardous and non-hazardous
materials and'items, and all tangible personal property inside and outside ofthe structure situate
on the Property in accordance with the following:
I a. All motor vehicles and boats shall be removed from the Property by the
Seller at his cost.
b. All hazardous materials and items, including, but not limited to, patnt,
paint cans, electronic equipment, copiers, etc. shall be removed from the Property by the Seller at
hi:; cost.
c. All non-hazardous debris, refuse, garbage, sheet metal, and normal non-
hazardous inert debris shall be removed from the Property by the Seller. The Seller shall pay the
first 1N5,000.00 of disposal costs (tipping fees) at the City of Salem Transfer Station. After such
payment by the Seller, the Purchaser shall pay up to a maximum of$15,000.00 of such disposal
costs.
Notwithstand;ng the foregoing, the Purchaser agrees to advance the sums
required of the Seller herein and all such advanced sums shall be credited against the Purchase
Price at Settlement-
d. The Purchaser shall provide rolloff pans to Seller lor the purposes of
assisting the Seller in hauling away all of the foregoing items from the Property, and the
Purchaser agrees to remove the filled rolting pans by utitizing its trucks and to deliver such items
to the City of i3alem Transfer Station.
10. oWlLE. 3:I]-AEEIDAVILINDDIDEMNIIY BY_!EL!ER. Seller represents
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and warrants to Purchaser that all contractors, sub-contractors, laborers, material men or other
parties rendering professional services to improve or benefit the Property have been or will be
paid in full by Seller prior to Senlement, and Seller shall deliver to Purchaser at Settlement final
lien waivers and/or releases of liens from all such parties, Furthermore, Seller agrees to execute
and deliver at Settlement such affidavits or indemnities as Purchaser's title insurance company
shall require in order to delete from Purchaser's title insurance policy all standard exceptions for
unfiled mechanic's, material men's or similar liens except exceptions approved by Purchaser
related to the Leases.
11. -SEIILEMEN|. The Settlement shall be held at the oflices of OPN Law, 110
East First Street, Salem, Virginia, on a date which is no later than ten (10) days after the
contingencies contained in paragraph 9 are met or satisfied in their entirety, or at an earlier date
at the option of the Purchaser. Notwithstanding the foregoing, Settlement shall occur not later
than July 1,2016. rlME IS qE-IHEESSE-NqElp-TtilS ssBEEMEIrr.
12. IENDE& ALS-EfTLEMEM. The delivery to the Escrow Agent by the
Purchaser of the Purchase Price, and by Setler o! the executed Deed together with all other
documents and instruments required to be delivered by either party to the other by the terms of
this Agreement shall be deemed to be a good and sufficient tender of performance of the terms
hereof.
13. SETTLEMENT -OBLIGAIONS OF THE P IES. The cost of title
examination and state and county taxes payable in connection with tho recording of the deed
shalt be paid by Purchaser, and the Virginia Grantor's Tax shall be paid by Seller. Other
settleme* costs shall be charged as is customary in Virginia. Each shall pay fees charged to
them and as agreed upon by them with their attorney. Real estate taxes will be prorated as of the
Settlement. At Settlement, Selter shall satisfy or cause to be released all deeds of trust or similar
liens to which the Property is subject or shall make provision satisfactory to Purchaser for full
and complete satisfaction.
14.. Risk of loss shall be born by Seller
prior to Settlement. However, in the event of any damage to the Property prior to Settlement, the
Purchaser shall have the eiection to close as required hereurder without diminution in the
Purchase Price and with the assignment by Setler of all its interest in payments for damage to the
Property. In the event of a condemnation of any part of the Property prior to settlement, the
Purchaser shall have the option in its sole discretion to terminate this Agreement or to Proceed to
Settlement with any condemnation award paid or credited to Purchaser at Settlement.
15. UMIIATION ON LEASBS AND flH Between the date of
this Agreement and the Seftlemen! Seller shall not, without Purchaser's prior *titten consent
grant a written lease or other agreeme to any party for any purpose relating to any portion of
the Property.
16. E|[TIRE-- 4GBXEMENI. The Recitals and documents refened to therein are
hereby incorporated into this Agreement. No change or modification of this Agreement shall be
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valid unless the seLrne is in writing and signed by the parties hereto. No waiver of any of the
pr,ovisions of this Agreement or other agreemeltts refened to herein shall be valid unless in
writing and signed by the party against whon'r it is sought to be enforced. This Agreement
contains the entire agreement between the parties relating to the purchase and sale of the
Property, and all prior negotiations between the parties are merged in this Agreement, and there
are r:ro promises, agreements, conditions, urdertakings, warranties, or representations, oral or
vlt'ittr:n, expressed or implied, between them other than as herein set forth.
17. BUBD_E! 4IrD BEI{EEII. All. terms of this Agreement shall be binding upon
and i:nure to the benefit of the parties hereto and their respective legal representatives, successors,
and assigns.
18. GQY-EBNING IAW. Notwithstanding the place where this Agreement may be
exectrted by any of the parties hereto, the parties expressly agree that all terms and provisions
hereof shall be construed and enforced in accordance with the laws of the Commonwealth of
Virginia as now adopted or as may be hereafter amended,
19. NOTICES. All notices, requests, demands or other communications hereunder
shall be in writing and shall be effective when delivered personally or three (3) business days
after mailing iif sent by U. S. registered or cerified mail, retum receipt requested, and postage
prepaid, addressed as follows:
If to Seller:William E. Lee
c/o Vickie Lee Sanders and Roger Sanders
201 S. College Avenue
Salem, Virginia 24153
with a copy to: James Jordan, Esquire
201 S. Colleger Avenue
Salem, Virginia 24153
If to Purchaser: James E. Taliafeno, II
City of Salem, Virginia
P.O. Box 869
Salem, Virginia 24153
with a copy to:Stephen M. Yos!, Esquire
OPNLAW
I I 0 E. First Street; P.O. Box 279
Salem, Virginia 24153
Fax # 540-389-9560
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first set forth above or to such other address as may be given by any party to the other
party by notice in writing. Copies of notices are provided as a courtesy and are not themselves
notice and notice hereunder shall be accomplished with or without the forwarding ofsuch copies.
20. HEADNCS. The captions and headings herein are for convenience and
reference only and in no way define or limit the scope or content of this Agreement or in any
way affect its provisions.
21. ASSIGNMEM. This Agreement may be assigned by Purchaser upon written
notice to Seller.
22- CQINJEBXABL OzuGINAI.S. This Agreement may be executed in two or
more counterpart originals all of which counterparts shall have the same force and effect as if all
the parties hereto had executed a single original of this Agreement.
23. -{DvIeE OF COUNSELAND*Q-O.N$I&UIMN. All parties to this Agreement
have been represented by counsel or have had the opportunity to be so represented' Accordingly,
the rule of construction of contract language against the drafting party is hereby waived by both
parties.
24. SU.B\{iV.AL. The representations, warranties' covenants, agreements and
indemnities set forth in this Agreement shall survive the Settlement under this Agreement and
the execution and delivery ofany deed shall not be metged therein.
25.JoINTANDSEVERALoBLIGATIoNS.TheobligationsofSellerand
Purchaser under this Agreement are joint and several.
26. BROKERAGE. No real estate broker is involved in this transaction.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed.
PURC}IASER:
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-SELLE&
s'-tJ-/t
By:
Its:
William E"
Co-Conservator, Vickie LUc Sanders
("-fu,
Willi6& E. Lee, by his
Co-Conservator, Ro ger Sanders
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