HomeMy WebLinkAbout10/10/2016 - City Council - Agenda -RegularSalem City Council
Work Session Agenda
October 10, 2016
City Manager’s Conference Room
City Hall
114 North Broad Street, Salem
6:30-7:30p.m.
I. Call to Order
II. Roll Call
III. Discussion Items
a. Budget Calendar, Rosie & Kevin
b. Other topics for discussion, City Manager
IV. Adjournment
City Council Meeting
Monday, October 10, 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 September 26, 2016 Work Session and regular
meetings.
5.Old Business
6.New Business
A.Disposal of Property and Vacation of PUE
Hold a public hearing to permanently dispose of and vacate portions of a 25" public utility
easement (PUE) deed book 79, page 55, more particularly described as Tax Map #142-1-
1.2, also known as 922 West Main Street. (As advertised in the October 2, 2016 issue of
The Roanoke Times.)
B.WVRIFA Authorization for Issuance of General Obligation Bond
Hold a public hearing concerning the intention of Salem City Council to authorize the
issuance of not to exceed $1,200,000 principal amount of general obligation bond for the
purpose of financing land acquisition and related improvements by the Western Virginia
Regional Industrial Facility Authority. (As advertised in the September 20, 2016 and
September 27, 2016 issues of The Roanoke Times.)
C.WVRIFA Participation Agreement
Consider Resolution 1303 approving the Participation Agreement between the Western
Virginia Regional Industrial Facility Authority (WVRIFA) and Roanoke County, City of
Roanoke, and the City of Salem.
D.Salem School Board
Consider appointments to fill the expiring terms for Artice M. Ledbetter and John Andrew
"Andy" Raines. (Public hearing held at September 26, 2016 meeting.)
E.Support of Grant Applications
Consider adoption of Resolution 1304 in support of various grant applications.
F.Appropriation of Funds
Consider request to appropriate additional Victim Witness grant funds. Audit - Finance
Committee
G.WVRIFA General Obligation Bond Resolution
Consider Resolution 1305 authorizing the City of Salem general obligation support
of financing by the Western Virginia Regional Industrial Facility Authority.
Supplemental Item
H.Cook Driv e Property
To authorize the City Manager to execute a contract between Tidy Services, and the City of
Salem for a parcel known as 2005 Cook Drive, Salem, Virginia, Tax Map # 256-1-2, being
approximately 0.31 acres of a portion of a 2.56-acre. (Public hearing was held on July 25,
2016.)
Supplemental Item
7.Closed Session
A.Closed Session
Hold a closed session pursuant to provision of Section 2.2-3711A(3) of the 1950 Code
of Virginia, as amended, to discuss property the City may wish to sell.
8.Adjournment
Audit - Finance Committee meeting, Monday, October 10, 201 6, 8 :00 a.m., City Manager's Conference room
Work Session meeting, October 1 0, 2 016, 6:30 p.m., City Manager's Conference roo m
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City Council Meeting
MINUTES
Mondql,Septen ber 26. 201 6. 7:30 PM
Council Chambers, City Hatl, 114 North Broad Street, Salera Virginia 24153
l. Call to Order
2. Pledge of Allegiance
3. Bid Openings, Awards, Recognitions
4. Corsent Agerda
A. Minutes
Consider acceptarre of the minutes from the September 12,2016 Work Session ard
regular meetings.
5. Old Business
A. Amendment of Citv Code
Consider ordinarrce on second reading anrnding Chapter 82. Article IY Sectiors
82-101.82-103.82-107(b),82-109,82-110,82-lllAND82-ll3pertainingtotax
on prepared food and bel'erages. (Passed on first reading at September 12, 201 6
meeting. )
Mce-Mayor John Givers nxttioned to approve ordinance on second reading
amendingChapter 82, Article Ni Sections 82-101, 82-103, 82-107(b), 82-109, 82-
110. 82-l I I AND 82-l l3 pertaining to tax on prepared food and beverages. Jane
Johrson secorded the nrotion
Ayes: Foley, Givers. Johnso* Jones. Martin
B. Amendment to Cit-v Code
Corsider ordinance on second reading arnendmg Chapter 82, Article { Sectiors 82-
138, 82-139, 82-142,82-146 and 82-14, pertaining to transient todging taL (Passed
on first reading at September 12.2016 meeting. )
Jane Jokson nntioned to appro! e ordinance on second reading amending Chapter
82, Article V Sectiors g2- t 38, 82-i39, B2-1 42, g2-146 ad g2-1 47,pertaining to
trarsient lodgi-ng tax. Janrs Martin seconded the nrotion.
Ayes: Foley. Gir.ens, Johrson Jones. Martin
6. New Business
A. Special Exception Permit
Hold a public hearing to consider the request of layman Candy Conpany, kr.,
property owner, and Gregg Sports Enterpnses, LLC, lessee, for the issuance ofa
Special Exception Permit to allow athletic instruction services on tlre property
located at 1637 East Main Street, Tax Map # 77-3-13. (As advertised in the
September 8, arvJ September 15,2016 issues of $re, Salem Times Register. t
Recomnrnd approval wrth proffered conditiom: see Page I of Planning
Conrrussion mirurtes. ) \':.\l i iLPOi{l-
N'lr. Taliaferro stated the petitioner would like to open an indoor baseball ard
softball training facilitv. R few'years ago, a new use tlpe was created for higlr
ceiling type industnal buidlings to allow attrletic instruction services ard that is the
petition Coturcil has in front of them this evening. The petitioner has two proffered
conditiors: I ) a 50 foot set-back would be observed from the center line of
Dalerlood and 2) proper screerung u.ould be provided on the rnrth side of the
property.
Mr. Jones asked if everything is indoors and Mr. Taliaferro confirmed every,thing is
irdoors.
Mr. Martin asked if the pnmary entrance into the propertv is from Dalewood
Avenue and if nrost of the traffic would be from that side. Mr. Taliaferro directed
that question to the petitioner.
Mr. Ricky Gregg; 5719 Big Horn Drive, Roarnke, VA stated it is difficult [o answer
but his best guess would be half coming from East Main ard half from Dalewood
because there is an entrance on both sides. He frrther stated he is only ustng the
warehouse rhat is closest to Dalewood.
Mr. Jones asked if when the other side is rented if there would be sufficient
parking?
Mr. Glen Bowe, owner of taynnn Candy, stated h€ hopes there would. They own
the two houses adjacent to the property are currently vacant and used for
storage. In the future, if the other part of the building is rented the houses would
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probably be rernoved.
Mayor Foley asked ifthere were any other questions. There were none.
Mayor Foley stated this is a public hearing and asked if anyone would like to speak
to the issue. There were no cornnrcnts and the public hearing was closed.
Mr. Martin asked if proper screening had to do with lardscaprng. Mr. Taliafeno
stated typically it is evergreen tvpe trees and could also be fencing.
Mr. Jones stated if it is a fence that he would ask it rrct be chain link ard would
make it fit ttre aesthetics of the neighbortnod. Mr. Taliaferro stated with a special
exception Council could place cordrtions on the use so Mr. Jones stated he would
like ttre condition to be if ferring it be approved ferring.
VIr. lbst stated fencing is not required. howeve( ifthey wish to put a fence
up, Courrcil can require it fit in uith the aesthetics of ttr other housing adjacent to
the other properties.
Mayor Foley asked if Council could be specific ard require wood, vinyl, conposite
or rnetal but urxler no circurmtance may it be chain link.
William Jones nntiorrcd the request ol Lay nran Candy Corrpany, Inc., property
ownel ard Cregg Sports Enterprises, L[C, lessee, lor the issuarrce ofa Special
Exception Permit with proffered conditiots to allou, adrletic instruction services on
the property located at 1637 East Main Street, Tax Map # 71-3-13. Mce-Mayor
John Ci"ens seconded the nrction.
Ayes: Foley. Givers. Joirrrsoq Jones. lvlanin
Salem School Board
Hold a public hearing and receive views of citizers ard candidates regarding the
appointnrcnts to fill the expiring terms for Artice M. t edbetter ard John Ardreu,
"Andy" Raines. (As advertised in the September 15, 2016 issue of the Sa/ern 77rnes
Register.)
Present this evening was Ms. Artice kdbener, 1906 Millstream Drive, Salern is
seeking reappointrrrnt to the Salem Ciry School Board. Ms. trdbeaer thanked
Coturcil for entrusting her for the position and pve exanples of why it rneant so
much to her. Ms. ledbetter stated this position has afforded her the opportunity to
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encourage our chidren to nnke this conrnumry better and that is why she is seeking
reappointnrnt.
Ardy Raines, 1305 Wrston Dnve, Salem stated he also was seeking reappointnent
to the Salem City School Board. Mr. Raines also ttnnked Courcil for ttre
opportunity to have served the last ttnee years. He stated the reappointnrnt is an
affrnntion of the chemistry ard diversity ol backgrourds ard experierrces that conE
together on the current board.
Teresa Srzennre-Hernardez, 309 Orchard Street. Salem stated she loves the currert
school board ard is present to seek an appointnrnt if there is a vacarcy in the
future. Ms. Sizerrnre-Hemardez has chil&en in the Salem school system ard has
served on rnany boards ard is familiar with policies ard procedures in the school
system She would like to use her skills to be able to give back to the schools.
Mayor Foley asked if there are otlrers wtn would like to speak ard there are none.
Mayor Foley then told tle speakers Courrcil would discuss ard mtifo them how we
would proceed.
Senior Trips
Consider request to adjust budget for Seruor tnps. Audrt - Fr:arre Commrttee
Ms. Jordan slated the budget was set based on the past fe* yean which was
approxrrnately $30.000 and the individual currently' trandling the senior trips has
dore so uell we have exceeded the revenue and experditures an his point. The
Director has e!aluated that ard feels a bener number would be $75,000 in revenue
and experdinres. This change uould nor change the bottom line of the gercral frrnd
nor would it entail any additional City dollars. We anticipate the additional tnps
u'ould bring in rmre rmney as uell as cover the cost of the tnps brought to the
City Center.
Civic Center Property
To auttnrize the City Manager to execute a contract bet*een Spartan Developnrnt
& ttle City of Salem for the sale of a 6.75 acre parcel located at l00l Boulevard-
Roanoke, Salern \lrginia, Tax Map # 5'7-l-2. (Public tearing was held on July 25,
2016.)
Supplenental ltem
Mr. Boggess stated as Courril is aware, the City has been interested rn having a
hotel developed on the Civic Center site for a number of years. A developer has
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conrc forward with a project that looks like it is feasible and is interested in nnving
forward. Ttrc City has negotiated a conhact of purchase that is being presented to
Council for consideration. The City nret wrth ttre neighbors last week and there
were sonrc corditions put in the contract as a result of tlre public hearing at July ard
ttre Neighborhood meeting. He noted that tre wanted to quickly go tkough the
proposed contract and the restrictions within it which Courrcil would be authorizing
him to sign if ttrey choose to do so. First, is the repurchase option which is
sonrething that we customarily do with City orvned property where we are
encouraging developnrent. [t states that within 24 months if the developer has not
done what he says he is going to do in tenns of applying for permits, breaking
ground, etc., then the Citv has the option ard right to purchase it back for the sanre
price we sold it for, which is $675. Next, there are a number of corditions that have
been placed on the proposed purchaserideveloper for the property. The only usage
on the propefiy is a hotel and a restaurant. Any sale of ttre premises by the
purchaser to a third part-v prior to the substantial conpletion of the inprovenrnts
shown on the exhibits, i,e. the concept plan and ttre pictures attached to it, ttren City
Council has the right to buy it back before it could be sold to anyone else. The
reservations, restrictions and covenants irrcluded in this agreernent carnot be
anpnded or removed without City Clourril's express condition so it would have to
come back before Courrcil before any of ttre conditions could change. The hotel ard
restaurant caffiot exceed three stories in treight ard cannot be more than 50' tall as
nreasured from the nearest adjacent gade. Furtlrer. the building has to be
constructed and situated in conformance with the concept drau'inp submitted and
attached to this document as exhibits. The hotel has to contain at least 80 hotel
rooms for rentals, but we beliel'e the proposed arnount is 95 rooms. The restaurant
has to conform to the renderinp which were submitted and has to look like what has
been shown rncluding the extenor materials, the architectural design, the thnee
stories and the general layout w{rich has been presented. Item G of the purctrrase
agreement specifically references the frarrchise agreernent dated July 15,2016.
between Holiday Hospitality Franchising and the purchasel ard this franchise
aEeefirent is incorporated in this by reference. He noted that the franchise
agreement for the Staybridge Suites is a very very specific docurrnnt which spells
out every fit and finish and level of consffuction Eveffir€ tlnt rneets the
Staybridge Suites quality is written into the frarrchise agreement and the purchaser
has agreed that what is built will adhere to this agreerrnt. There is not really an
option for them to do a lesser hotel. The only lvay they could do this would be to
come back to Citl'Council and ask for permission to change this particular
agreement. So they are locked into doing a Staybridge Suites as they have been
awarded this franchise. The exerior heating ventilation and air conditiomng
equipment has to be screened in an enclosure and camrot be locate{ constructed, or
maintained on the north or west side of the properry". Any ferrcing shall be wood,
simulated wood, or nretal which a finish that is cospatible with architectural
character of proposed structtrre, ard under no crrcunstarrces can they use chairrlink
fencing. All the eleclric utilities have to be buried on the site. The restaurant has to
be at least 5,000 square feet with 150 interior seats ard 50 outdoor patio seats.
Exterior tighting has to conply with the Code of the City of Salem and additiorxally
has to be dark skies conpliant which is an industry standard. Further the lighting
has to be fully shielded" w*rich neans full cut off lighting and has to be conpletely
directed dounward. The light spillage at the property lines cannot exceed l/2 foot
candle, r *ich is not much light. Th€ one restriction that cane as a result of ttre
neighborhood flEeting relates to the signage. The question carrrc up about the use of
LED or amnated signage on the property so we are specificalty restricting thern
The only rype sigr that will be allowed is a nrcnurnent type sigrr with non-LED faces
and that all free standing signs be no taller than 5' in height. He further noted that he
thinks one of the things he will ask Courrcil for here and in one other place in the
agreerEnt is to allow the Cit_v Manager to go back ard fine tture these particular
things- He noted that we intended to not allow aninrated lighting or LED lighting
forward lacing but u.hat \ e do not intend to do is to eliminate them from being able
to use LEDs if it is behird the sign to back tight it or sonrething like that as this is
the nrost efficient way. So we ',rill need to clari! these items with Mr. Yost.
Directional sigs will be allowed in conforrnarce with *re City Code and wall sigm
will also be alloued on the Texas Street side and over the rnain entrance on the
building. \{r. \bst noted that the contract is similar to the ones that were done
across the street at the Comrrerce Park. The differences are the reservatiors,
restrictions, ard covenants that Mr. Boggess is discussing this evening but other than
that is is pretty standard stuff. Additionally, in Section 2300 - Miscellaneous, we
referenced that this sale is expressly contingent ard corditioned upon City Courril
approving his authorization to execute the contract. *trich is wtnt he is requesting
Council to cornider this evening. In addition we have ttre requirerrrcnt that the
purchaser has to relocate tbe existing gravel sewice road as shown on the depictions
and the attachrnents at their expense, not at ttre City's expense and that we reserve
access easernents on both of the entrances ttnt they are proposing so tlrat we can
cross this property to get to the serr,'ice road, if r*.e need to. Item D, we have
irdicated that the pwchaser needs to reimburse tte City for the cost to relocate any
recreatiorx vehicle parking spaces *,hich need to be nroved as a result of this
der eloprrent. S'e believe there could be as rnany as 20 - 24 RV parking spaces.
We have had sonre varying degrees of expense in tenns of relocating those spaces
but his suggestion to City Council would be to authorize lum to work with the Cit-v
Attomey to put a not to exceed arnount. ln other words, that tln purchaser would
reimburse the City for costs invoived with relocating RV spaces to another
appropriate site on the Civic Center property in an annunt not to exceed $75,000 or
sonpwhete in that range. Those are the two things he is requesting Council to
include in their rrntion should they choose to authorize him to execute the
agreenrent, it would be subject to the negotiation ofa not to exceed arnount for the
RV spaces ard the clarification ofthe tighting ard the use of LED with regards to
the signage. He noted he would ask Mr. Yost if he has anythng to add or arswer
any questions Council might have.
Mr. Yost stated the City lvliinager had covered it very well, and agaur. Courril's
approval would be that h effect this contract *tuch }as been presented will be in
substantial conformance, but at the sanE tinr it will allow the City Manager and
City Attomey the flenbility and authoriry to refire sonre of these conditions as they
see fit. Of course if they deem any of the changes to be nnterial, then it would corre
back to Council.
Courrcil Member Jotnson noted she was glad to hear the comment that this
agreement was much like the properry. across the street. She expects that it is
equally as inportant to all of them that we maintain that cemin look with this
property as well as what has been done across ttle street.
Mayor Foley asked if tlrere trere any other questiors or comnrnts. He noted he
needed a clarification of an item He asked if it states in the agreenent that it will be
a right tum only on the Boulevard or does it need to be outlined? Mr. Boggess
noted it would be a right nrm in ard right tum out on the Boulevard, and this would
be hardled administratively througb the site plan review process.
Courril Member Martin thanked Ciry" staff for tte due diligence and the bnefings
received in work session ard pubticly in the neeting this evening. He appreciates all
the hard work that has gorr into getting us ro this point. Other Council rnembers
agreed with Mr. Marrin. \k. Boggess ard N1avor Fole-v thanked Melinda Payne.
Courrcil Member Jones noted that it has been a long process and somewtr,at painful.
When it affects a neighbortrood, it affects people in different \r,ays, and Council
understands this. He noted that Council has been looking for years for ttre right fit
for the Civic Center to make it grow and to hetp the comrnumty. He believes that
they have put as much limitations as they can on ttre project to make it feasible for
producing revenue to heip make Salem an even beter ciry So, he understands the
pain of the neighborhood.
Vice-Mayor John Givers rnotioned to authorize the City Manager to execute a
contract between Spartan Developnrtrt & ttrc Ciry of Salem for the saie of a 6.7 5
acre parcel located at l00l Boulevard-Roarrcke, Saleil\ Urginia, Tax Map # 57-l-2.
Jarnes Martin seconded the nrotion.
Ayes: Foley, Givers, Jotn:soru Jorres, Martin
1. Closed Session
A. Closed Session
Hold a closed session ptusuant to provision ol Section 2.2-371 I A(l) of the
1950 Code of Virgrnia, as anrrded, to discuss propert-Y the City rmy wish to
sell.
Supplenrntal ftem
Vice-Mayor Joht Givens rmtiorrd to rpve to closed session at 8:15 p.m William
Jones seconded the rmtiorl
Ayes: Foley, Givers, Jokson Jones. Martin
8. Adjoumrrnt
The nreting adjoumed ar 8:38 p.rn
THE RONOKE TIMBS
-manoke.oomr
Your Community. Your Times.
Roanoke Times Order Confirmation for Ad 1000040297441
4g-@Ee4gee!.Aslclljlize
It0nGE
T!k. notlce th€ undeBlgn€d wlll apgly
to dl€ Corndl ol th. Clty of Salan dt a
publk herring on octob.r 10, 2016 at
7:30 p.m. o. as soon tlre,lafte. a5 may
be h€.rd in th€ Councll ChambcB of
the ciiy ol Sal€i! at u4 North Eroad
Str€€l Srl€m. VlQlnl., b.!ed on .n
appllcatld to pernEnemly dbposc of
and vacate ponlons ol a 25' (PuE)
publlc ltlllty easemfit (D.t. 79 Pale
55) lr)or. lanlorhrD des.dbad as
follows: rax M:p rl/l2-l-l.2 also
tnown as 922 East Main 9tre€L S.kIIr
vlrglniil" All partl€. ol lntere.t and
chbans may appear on tha above dat€
and be h€lrd on the quenbn.
.com Prop.ni.s, LLc
By: //ComPton M.8Udle,
counscl on bchaf ot ownar
(lo2971)
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GRAPHIC SCALE IN FEET
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SKETCH OF VACATED PORTION OF
25' PUBLIC UTILITY EASEMENT FOR
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CITY OF SALEM, VIRGINIA
Seo 29. 2016 - 2:24om
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PAGE ss)
Your Community. Your Times.
Roanoke Times Order Confirmation for Ad #0000394695-01
Ad Content P,oof Actual Size
}IOTICE OF PUBI.IC I{EARING
coilcERiltllc THE
IIITENTIOI{ OT ITIE SATEM
crTY cout{ctt T0
AUTHORIZE THE ISSUAXCE
OI I{OTTO EXCEED
s\m0,000 PRINCIPAI
AMOUilT OF A GEt{ERAI
oBUGATtoil 80ilD roR THI
PURPOSE OF FII{AilCIilG
r-Ar{D AC0UrSrTror{ A}rD
REI.ATED ilPNOVEMENTS
BY THE WESTERT{ VIRGI}IIA
REGIOI{AI. It{DUSTRIAL
TACIUIY AUTHORIIY
Notice is hereby given that tfie city
council of salem. Virqinia wlll hold a
public hearing in council chambers.
city HalI 1t4 Norti &oad Streel
salem, virginia, on october 10. 2016,
durins a regular meetiaq of the City
Council at 7:30 p.m. or as soon
thereaft€r as the matter may be call€don the agend( conc€rning the
propos€d issuance by the city olsal€m
of its qeneral obliqation bond. lhe
marimum princip.l amo unt of the bond
outstandins at any time is astimated to
be 3r.200.000 a.d the oroposEd us. of
the proce€ds ol ihe bond is to provide
tunds fo. the western virqinia Reqional
hdustrial Facillty Authority to acquire
land and related improvements and
facilities for €conomic develoDment
purposes, Ihe general obligation bond
will be securt{ bv lhe lull lahh and
credit of the city of Salem and may be
issu€d in the form of a registerEd bond
of the city or a5 an und€rtaling of the
city in suooort of an oblhalion of the
West€rn Virginia Regional lndustrlal
Facility Autnodry. Persons mny app€ar
and p.esent thek views at the public
hearinq, A coPY of the Proposed
Resolution autho.izing lhe issuance ol
the bond is nvallable for inspection in
tie otfice ol the Cjty Manager, 1I4
Nonh Eroad Street salem, vlrginia
24153. lf you have any questions you
may contact the Otlice ot the CitY
Manager at (540) 375-3017.
,ames E Tallaferro. cle ( ofCouncil
City of salem, Vkginia
P.O. 8ox E69
Salem, Virgifl ia 24153{859
(394595)
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Your Community. Your Times.
Roanoke Times Order Confirmation for Ad #0000394695-01
ilient CITY OF SALEM, CL. OF COUNCIL Payorcustomer CITY OF SALEM, CL. OF COUNCIL
:lient Phone 540-375-3007 Payor Phone 540_375_3007
.ccount# 6011955 PayOrACCOunt 6011955
.ddress PO BOX 869, , PayorAddre$ PO BOX 869, ,
SALET, VA 24153 USA SALEM VA 24153
Ordered By Acct. Execax 540-375-4048
Ivlail cllabrie@salemva.gov
'otal Amount
,ayment Amt
CAMILLE S, DEAN IegaIsROA
$799.60 status
Materials
s0.00- Tear Shoets Proofs Affidavits Blind Box
$799.60 o o 2\mount Oue
'ayment Mothod
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Run Dates
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,OXt: NOTICE OF PUBLIC HEARING
)rder Notqs:
\d Number Ad Type Color
)00039469S-0i CLS Legal Liner <NONE>
,ick Up Numb€r Ad Sizo production Method
1.0 X 80 Li AdBooker (lineo
'roduction Color production Notes
PlacemsnVClass position * lnserts
IOA Roanoke Times:: C-Legal Ads - Classilied Legal Notices-Legal-Class
IOTICE OF PUBLIC HEARING CONCERNING THE INTENTION OF THE SALEM CITY 2
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!OTICEOFPUBLICHEARINGCONCERNINGTHEINTENTIONOFTHESALEMCITYCOUNCILTOAU'1
IOA roanoke.com:Onl Any: C-Legal Ads - Classified Legal Notices-Legal4lass
{OTICE OF PUBLIC HEARING CONCERNING THE INTENTION OF THE SALEM CITY 14
,t20t2016,9121t2016,9t22t2016,912312016,9124t2016,9t25t2016,9t26t2016,912712016,
!OTICEOFPUBLICHEARINGCONCERNINGTHEINTENTIONOFTHESALEMCIryCOUNCILTOAUI
9/161201611:53:12AM
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( a.rlo^A+,A)IN THE COLINCIL OF THE CITY OF ROANOKE, VIRGINIA, October lO,2016: (-'-
RESOLUTION I3O3
A RESOLUTION approving the Participation Agreement between the Western Virginia
Regional Industrial Facility Authority and Roanoke County, the City of Roanoke, and the City of
Salem; authorizing the City Manager and the City Clerk to execute and attest, respectively, such
Participation Agreement; authorizing the City Manager to take such actions and execute such
documents as necessary to implement, administer, and enforce such Participation Agreement.
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 governing bodies of
Botetourt County, Franklin County, Roanoke County, the City of Roanoke, the City of Salem
and the Town of Vinton (the "Member Localities") each adopted an ordinance for the creation of
the Western Virginia Regional Industrial Facility Authority (the "Authority") in order to
promote economic development in the geographical region;
WHEREAS, Roanoke County, the City of Roanoke, and the City of Salem (the
"Participants" and each individually, a "Participant") and the Authority have identified real
property located in Roanoke County described as five (5) parcels in Roanoke County, Virginia
roughly bounded by and in the vicinity of Interstate 81 and Wood Haven Road, which consists of
approximately one hundred six (106) acres, together with such other parcels of real property that
may be acquired by the Authority in connection with the project contemplated herein (the "Real
Property") to be acquired and used for industrial park or other economic development purposes
and the need for the design, acquisition, construction and equipping of water, sewer, roadway
and other improvements on or near the Real Property (together, the "Project"), as an important
project for the region to promote the purposes for which the Authority has been formed;
WHEREAS, the Act authorizes the Authority, among other things, to develop, consrruct,
improve, equip and maintain facilities for industrial or commercial pulposes, to expend funds as
may be available to it for the purposes ofdeveloping such facilities, to enter into contracts ofany
kind with respect to carrying out its powers under the Act, to accept funds and property from
counties, cities and towns and use the same for any of the purposes for which the Authority is
created and to enter into cooperative arrangements with any governmental entity in furtherance
of the purposes ofthe Act, and authorizes each Participant to provide funds to the Authority for
any of its purposes and each Participant is otherwise authorized by law to make appropriations
for the accomplishment ofthe lar+f.rl purposes and objectives ofsuch Participant; and
WHEREAS, the Authority and the Participants desire to enter into this Participation
Agreement for the purposes of establishing the scope of the Project, describing certain
contributions of the Authority and the Participants toward development of the Project and
providing for the sharing of certain revenue from the Project.
BE IT RESOLVED by the Council of the City of Salem as follows:
l. City Council hereby approves the provisions of the Participation Agreement that
such Participation Agreement will be the same or substantially similar to the one attached to such
report.
2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to
execute and attest, respectively, a Participation Agreement in a form substantially similar to the
one presented to City Council, such Participation Agreement in a form to be approved as to form
by the City Attomey.
3. The City Manager is authorized to take such actions and execute such documents
as necessary to implement, administer, and enforce such Participation Agreement.
2
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. Taliafeno, II
Clerk of Council
City of Salem, Virginia
3
nEM#-@-
DATE lo-lo-adh
19OO Millsfeam D.ive Phofle (540) 3874494
Salem, Viqinia 24153 Far (5,{0) 3874468
E-mail
ledb6ttert€am@comcast. net
Artice M. Ledbetter
Ouec{ive To seek reappointment to the Salem City School Board.
Emplofment 07/04/10-present New Hope Presbyterian Church Salem, VA
Part-time Ghurch Secretary
' Reeponsible for producing a weekly bulletln and a
morthly newsle(ter. Also malntaan the church's webslte'
answer phones, and responslble for runnlng offlce.
06/01/90 - 01/15/98 Allstate lnsurance Company Sterling Heights, Ml
lnsurance Agent
. Responsible fur selling and servicing auto, property, and life insurance
Educatl,on 06/81 - 06/85 lndiana University Bloomington, lN
B.A Teleconrmuni.:afpns
Summaqrof
qudlficdoc Salem City School Eoad (t/lf +rsent). Responsibilities include (but not limited to): Maintaining and
implementing school policy; annual development and presentation of
school budget; developing strategic plan including annual review and
every 2 year update of Gyear strategic plan, annual performance
evaluation of Supenntendant.
Past Teachittg l€ader lor Blbfe Sfudy Fcllotirship lr enrdonal
RoarpkerVA
. OA|U - 5t2011. Responsible for the teaching, adminisfation, and staffing of the BSF
class. This includes screening and interviewing children's leaders and
volunteers, inENiewing potential discussion leaders, maintaining
cordial relations with host church, training leaders, conducting sEff
meetings, and delivering a 40 minute lecture weekly frcr 32 weeks.
. Past Dbcussion Leader for Bible Study Fellowship (1/034/04) -
Facilitated group of 15 women during bible study.
Voluntecl
e)oerience Director of Youth Ministries at Shiloh Baptist Church
Member of Salem Prevention Planning Committee
Background information in addition to Board Tenure
for Andy Raines, candidate for reappointment
Salem City School Board, September 2015
lnformation about mv familv:
- I have been married for the past 25 years to Amy Richardson Raines, a lifelong resident of Salem, graduate of Virginia Tech,
and 25 year teacher in the Salem School Division, currently at East Salem as a First grade teacher.- Father to Olivia Anne Raines, a Salem High School graduate and "Forth year"/Senior at UVA.- Father to Mark Andrew Raines, an 1lth Grader at Salem High School.- We live on Winston Drive in the City of salem.
lnformatlon about mv current work and exDerience:
- I am the founder and owner of a local insurance firm, Valley Asset & Risk Management, and the co-owner of a recent start-
up insurance wholesaling and advasory group, lpA Agency, LLC. based in Harrisburg, pA.
- Currently and for the past six years I have served as the Sales Director and Business Development Manager for Fairway
Financial Partners, LLC based in Roanoke County. FFP is an lnsurance BrokeraBe operation, and a subsidiary of Roanoke
based National Financial Services - a locally owned independent insurance agency operating in Roanoke for over 1OO years.- I have spent the past 23 years in the Financial Service lndustry in a variety of positions, most notably as the Regional Vice
President for several well known companies including Wells Fargo (as First Union), Riversource (as American Express), and
Lincoln Financial.
- I am a graduate of James Madison University in Mass communications (Now Digital Media Arts) and worked for eight years
in corporate, promotional, and broadcast video production, including at WOBJ in Roanoke.
Backsround that contributes to mv interest ln servlns the Salem Citv Schools:- ln addition to my wife and sister-in-law (both salem city teachers), I come from a family of educators. My grandmother was
a teacher in Dickenson County, and both my parents were educators in Abingdon.- My mother was a Chemistry teacher at Abintdon High School and earned both her Masters and Doctoral degrees in
Education and continued to teach in the classroom throughout her career.- My father completed his career at Emory & Henry College teaching advanced mathematics, and led new teachers into the
field as the Director ofthe Neff Education Center for Teacher Training.- Prior to that, and during my formative years as a student in the Washington County schools, my father served as Principal
of John Battle High School, as Director of Secondary Education, as Assistant Superintendent for lnstruction, as Acting
Superintendent, and finally as Superintendent of Schools in Washington County.- His tenure as Superintendent of Schools came during my high school years, and was during the controversial and volatile
"School Book Banning" battle in Washington County, and during a period of rebuilding the school infrastructure including
the construction of four new Elementary Schools.- During my adult years, my father and I had ongoing discussions about his participation in the early development of what is
today's SOL program, about the role of the local boards and the state Department of Education, of his passion to personally
teach in-service and recertification sessions to the teachers of Southwest Virginia, and of his active participation in the
Southern Association ofSchools and Colleges, developing policy positions and leading accreditation teams in the field.- I also helped my father, in the latter part of his career, insure the continued enthusiasm and passion for what would come
to be called the B.G. Raines Education Forum sponsored by Emory & Henry college and still held annually at the Southwest
Virginia Higher €ducation Center in Abingdon.
ITEM # G E-
rN THE couNcrL oF THE crry oF sAtEiit, vrRcrNrA, ocroBER 10, 2016: DATE lo- lo'aob
RESOTUTTON 1304
RESOLUTION IN SUPPORT OF VARIOUS GRANT APPLICATIONS
wHEREAt the City of Salem has submitted grant applications for the following
proSrams:
1. Smartscale- Downtown Salem lntersection and Streetscape lmprovements
total project cost 53,629,866, requested S3,629,866.- East Main Street lmprovements l..JPC 106710
total project cost S11,509,782, requested S7f,509,782.- Mason Creek Greenway Phase lll-419 Multimodal lmprovements
total pro.iect cost S2,610,305, requested S2,610,305.
NOW, THEREFORE, BE 1T ORDAINEO by the Council ofthe City of Salem as
follows:
1. That the City Council supports these grant applications; and
2. That the City Manager is hereby authorized to execute and attest,
respectively for an on behalfofthe City, any and all requisite documents in
connection with such applications.
Upon a call for an aye and a nay vote, the same stood as follows:
James E. Martin -
William D. Jones -
Jane W. Johnson -
.lohn C. Givens -
Byron Randolph Foley -
ATTEST:
James E. Taliaferro, ll
Clerk of Council
IEM# 6tr-
DATE \o ^ to-arrb
ATA REGULAR MEETING OF THE CITY COUNCIL OFTHE CITYOF SALEM, VIRGINIA
HELD AT CITY HALL
MEETING DATE:
AGENDA ITEM:
October 10, 2016
Request to appropriate additional Victim Witness grant funds
SUBMITTED BY:Rosemarie B. Jordan
Director of Finance
SUMMARY OF INFORMATION :
The Victim Witness grant is used to help victims and witnesses of crime obtain appropriate
assistance as they participate in the criminal justice system. The grant is funded with
federal and state funds and is administered by the Virginia Department of Criminal Justice
Services. ln FY16, the City's allocation was increased but City staff was not aware of the
additional funding at the time the FY16 budget was adopted. The increased funding is
being used to fund a part{ime position and provide additional training and supplies for the
program.
FISCAL IMPACT:
The increase in grant funding will be used to pay for needed items that are not included in
the current budget.
STAFF RECOMMENDATION:
Staff recommends appropriating $43,059 in state grant revenue, account 10-029-0100-
48300. lncrease the expenditure budgets for the Victim Witness grant as shown on the
attached document for the purposes stated above.
Victim Witness Grant Adjustments
G/LAccount Number
70-029-2212-51!00
L0-029-22L2-51300
10-029-2212-52100
!0-029-2212-52200
t0-029-2212-s2300
t0-029-22L2-52350
70 029-2272-52400
10 029 2272-53500
!0-029-2212-552t0
70-029-22\2-55230
70 029 2272-55240
10,029-2212-55510
10-029-2212-55530
70-oz9-2212-55540
10-o29-2212-55800
1GO29-2212-5580L
10 029-2212-56001
10-029-2212,56008
10-029-2212-s6014
Account Description
Salaries-Regular
Part-Time Salaries-Regular
FICA
VRS Retirement
Health lnsurance
0entallnsurance
VRS Life lnsurance
Printing and Binding
Postage
Telephone Service
Cell Phone Service
MileaEe
Meals And Lodging
Registration/f raining Costs
Miscellaneous
Dues and Memberships
Office Supplies
Expendable Equipment
Educational and Recreational Supplies
Totals
s5,016.00 s45,680.00
s24,866.00 924,866.00
s2,286.00 ss,397.00
s1.226.00 57,822.@s0.00 s8.413.00
s0.00 s476.00
s1s.00 ss48.0o
s1,500.00 s1,500.00
s150.00 s150.00s92.00 s192.00s600.00 s60o.o0s26s.00 s62s.00
s69o.oo s1,690.00
ssoo.oo s1,200.00
s2,673.00 s2,673.OOs100.00 sloo.oo
91,080.00 51,680.00
Adopted Budget Budget amendments Revised Budget
s40,654.00
So.oo
53,111.00
s5,s95.00
S8,413.00
s476.0O
Ss33.oo
So.oo
So.oo
s100.0o
So.oo
s360.00
s1,000.00
s600.00
So.oo
So.oo
s600.00
So.oo
So.oo
S1,6so.oo
s250.00
s1,650.00
S2so.oo
s62,4s3.00 s43,059.0O $10s,s12.00
tttu* CG
DAIE . tr.,-lp-aplk,
IN THE COUNCIL OR THE CITY OF SALEM, VIRGINIA, October 10,2016:
STf,c,n.odz-{
APPROVING RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SALEM, VIRGINIA AUTHORIZING CITY OF SALEM GENERAL
OBLIGATION SUPPORT OF FINANCING BY THE WESTERN VIRGINIA
REGIONAL INDUSTRIAL FACILITY AUTHORITY
RESOLUTION I3O5
WHEREAS, the Westem Virginia Regional Industrial Facility Authority (the
"Authority") is a political subdivision of the Commonwealth of Virginia duly created pursuant
to the Virginia Regional Industrial Facilities Act, Chapter 64 of Title 15.2 ofthe Code of
Virginia of 1950, as amended (the "Act"); and
WHEREAS, the Act authorizes the Authority to borrow money to pay the costs of real
estate and facilities for manufacturing, warehousing, distribution, office or other commercial
purposes in order to promote economic development in the geographical area served by the
Authority, to accept funds from counties, cities and towns and use the same for Authority
purposes, to make loans and to enter into contracts ofany kind to accomplish the purposes of the
Authority; and
WHEREAS, in order to further the purposes of the Act, the Authority proposes to
undertake the financing of land acquisition and related improvements and facilities, including
necessary expenses incidental thereto (collectively, the ..Project"), and to obtain the funds
therefor by the issuance ofthe Authority Revenue Bond (as hereinafter defined); and
WHEREAS, the City of Salem, Virginia (the "City"), the City of Roanoke, Virginia and
the County ofRoanoke, Virginia (together with the City, collectively the "Participantsrt and
each individually, including the City, a "Participant") agree with the need for the Project and
that the Project will facilitate the development ofreal estate and facilities as described above and
promote commerce and the prosperity ofthe citizens in the geographical area served by the
Authority; and
WHEREAS, to finance the Project, the Authority has determined to issue pursuant to the
terms ofa Bond Purchase and Loan Ageement, dated as ofOctober 11,2016 (the "Bond
Purchase and Loan Agreement") between the Authority and Union Bank & Trust (the
"Bank"), its Revenue Bond, Series 2016 in the maximum principal amount of$10,000,000 (the
"Authority Revenue Bond") and to use the proceeds thereofto finance costs incurred in
connection with the Project and to pay certain costs ofissuance ofthe Authority Revenue Bond;
and
WHEREAS, such Authority Revenue Bond will be secured by a pledge of the revenues
and receipts received by the Authority from payments made by the City pursuant to the Support
Agreement and payments made by the other Participants pursuant to separate agreements
between the Authority and the other Participants as further described herein, such payments from
the City to constitute a percentage of amounts due under the terms ofthe Authority Revenue
Bond and the Bond Purchase and Loan Agreement (the "City of Salem Portion of Support");
and
(wl2r904l r 004023-09095 r l
WHEREAS' pa)rynents from other Participants in support of payments due in connection
with financing of the Project will be due in the percentages set forth in the Bond Purchase and
Loan Agreement from the city of Roanoke and Roanoke county, and the obligation of the
Authority to pay principal and interest on the Authority Revenue Bond will be limited to
payments received from the Participants in accordance with the terms ofthe Bond Purchase and
Loan Agreement; and
WHEREAS, all such payments from the Participants (including the Ci6/ of Salem
Portion of Support) will be assigned from the Authority to the Bank for the payment of debt
service on the Authority Revenue Bond pursuant to an Assignment Agreement between the
Authority and the Bank, dated as of October 11,2016 (the .,Assignment Agreement"); and
WHEREAS, the City's obligation to make City of Salem Portion of Support payments
(such obligation is hereinafter referred to as the "City's Support Payment") will be secured
by the full faith and credit of the City, and as such, the City's Suppon Payment will be a "general
obligation bond" within the meaning of the Public Finance Act of 1991 (the ,'Public Finance
Act"), Section 15.2-2600 et. seq.of the Code of Virginia of 1950, as amended (the "Virginia
Code"); and
WHEREAS, a public hearing on the issuance of the City's Support Payment has been
held after notice was published in accordance with the requirements of Section 15.2-2606 of the
Virginia Code; and
WHEREAS, there have been presented to this meeting drafts of the following documents
(collectively, the "Documents") in connection with the transactions described above, copies of
which shall be filed with the records of the City Council:
a. a Support Agreement between the Authority and the City, dated as of October 1, 2016
(the "Support Agreement") setting forth the City's Support Pa)ment;
b. the Bond Purchase and Loan Agreement;
c. the Assignment Agreement, assigning to the Bank the Authority's rights to receive
payments from the Participants including the Authority's rights under the Support
Agreement, which is to be acknowledged and consented to by the City;
d. a Specimen Authority Revenue Bond.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Salem,
Virginia:
l. The following plan for financing is approved. The Authority shall use the proceeds from the
issuance of the Authority Revenue Bond to finance the Project. The City shall agree in the
Support Agreement to make pa)ments to the Authority sufficient to pay when due the City of
Salem Portion of Support. The issuance of the Authority Revenue Bond on the terms set
forth in the Bond Purchase and Loan Agreement is hereby approved. The obligation of the
lw32r901r r 004023-09095r l
2.
Authority to pay principal and interest on the Authority Revenue Bond will be limited to
payments received from the Participants in accordance with the terms of the Bond Purchase
and Loan Agreement. The city's Support Payrnent shall constitute a general obligation debt
of the city. The issuance of the city's Support payment is hereby authorized on the terms
and conditions as substantially set forth in the Support Agreement, and in accordance with
Section 15.2-2601 of the Virginia Code, the City Council elects to issue the City's Suppo(
Payment pursuant to the provisions ofthe Public Finance Act. The City's Support Payment
shall be a general obligation of the City to which the full faith and credit of the City are
irrevocably pledged, entitling the owner or owners of the City's Support Pal,rnent, including
any person or entity to which ownership rights of the City's Support Payment have been
assigned, to the remedies set forth in Section 15.2-2659 of the Virginia Code in the event of
nonpayment of the principal ofor interest on the City's Support Payment. The amount of the
City's Support Payment designated for support of the principal arnount of the Authoriry
Revenue Bond shall not exceed $1,200,000. The City Council is authodzed to and shall levy
and collect annually, at the same time and in the same manner as other taxes of the City are
assessed, levied and collected, a tax upon all taxable property within the City, over and above
all other taxes authorized or limited by law, and without limitation as to rate or amount,
sufficient to pay when due the paynents under the City's Suppo( Payment to the extent other
funds ofthe City are not lawf,rlly available and appropriated for such purpose.
The City Council hereby approves, and acknowledges and consents to, as appropriate, the
Documents in substantially the forms submitted to this meeting with such completions,
omissions, modifications, insertions and changes as may be approved by the Mayor or Vice
Mayor of the City or the Cio, Manager, whose execution of the Support Agreement shall be
conclusive evidence of such approval, acknowledgement and consent. The final terms and
interest rate of the Authority Revenue Bond in a maximum principal amount of $10,000,000
will be approved as authorized by the Authority.
Any authorization herein to execute a document shall include authorization to deliver it to the
other parties thereto and to record such document where appropriate.
The City Council finds and determines that the Project is in furtherance of lawful purpose and
objectives and will be in the public interest, will benefit the citizens ofthe City, will increase
commerce and will promote the safety, health, welfare, convenience and prosperity of the
City and its citizens.
The Mayor or Vice Mayor of the City, or either of them, and the City Manager and City Clerk
are each hereby authorized and directed to execute the Support Agreement and
acknowledgement and consent to the Assignment Agreement as described above and such
other instruments, agreements and documents as are necessary to issue the Support
Agreement and to create and perfect a complete assignment in favor of the Bank of the
payments due or to become due under the Support Agreement. The officers, employees and
representatives of the City are authorized and directed to work with representatives of the
Authority, the Bank, the Authority's financial advisor, the Authority's bond counsel and
representatives of the other Participants to take such actions, authorize such services and
prepare all documentation necessary to issue the Authority Revenue Bond in accordance with
3.
4.
5.
{wt2l9o4] I 004023-090951 )
J
the Documents and to otherwise carry out the intent of this Resolution.
6' All other acts of the officers, employees, agents and representatives of the City that are in
conformity with the purposes and intent of this resolution and in furtherance of the issuance
and sale of the Authority Revenue Bond, the execution and delivery of the Support
Agreement and the acknowledgement and consent to the Assignment Agreement and the
undertaking of the Project are hereby approved, ratified and confirmed.
7. The City Attorney and the City Clerk, or their designees, are authorized and directed to cause
a certified copy of this Resolution to be filed with the Circuit Court of the City of Salem,
Virginia, pursuant to Sections 15.2-2607 and 15.2-2653 of the Virginia Code.
8. This resolution shall take effect immediately.
Adopted this 1Oth day of October, 2016.
(w3219043.1 004028-09095r )
4
CERTIFICATION OF ADOPTION OF RESOLUTION
The undersigned Clerk of the City Council of the City of Salem, Virginia hereby certifies
that the Resolution set forth above was adopted during an open meeting on October 10,2016,by
the City Council with the following votes by the following members of the City Council:
Aye:
Nay:
Abstentions:
Signed this _ day of October,2076.
Clerk, City Council
By:
(w32r9043.r 004028-09095t )
5
IEM # c+l-
oATE 16- to-adb
NOTICE OF PUBLIC HEARING
Notice is hereby given to all interested persons that the Council ofthe City of Salem, at
its regular meeting on July 25, 2016, at 7:30 p.m., in Council Chambers of the City Hall, 1 14
North Broad Street, in the City of Salem, Virginia, will hold a public hearing to consider the sale
of the following parcels:
1) Adjacent parcels known as 3 East Main Street, Salem, Virginia, Tax Map # ,106-8-.1 .1,
consisting of 0.913 acres and 16 East Clay Street, Salem, Virginia, Tax Map # 106-8-3
consisting of 0.'149 acres (superjacent airspace only, including but not limited to appu(enant
easements).
2) Adjacent parcels known as 100 South Broad Street, Salem, Virginia, Tax Map # 122-7-5,
consisting of 0.248 acres and 10 West Burwell Street, Tax Map # 122-7-3, consisting of
0.497 acres (superjacent airspace only, including but not limited to appurtenant easements).
3) Parcel known as 200 East Clay Street, Salem, Virginia, TaxMap#106-114j, consisting of
0.227 actes, (superjacent airspace onty, including but not timited to appurtenant
easements).
4) A parcel known as 2005 Cook Drive, Salem, Virginia, Tax Map # 256-1-2, being
approximately 0.3'l acres of a portion of a 2.56-acre traci.
5) A parcel situated in Roanoke County, Virginia, Tax Map #054.04-0.1-.l0.OO-OOO0 known as
4127 West Main Street, Salem, Virginia, being approximatety 14.841 acres.
6) A parcel known as 1001 Boulevard-Roanoke, Salem, Virginia, Tax Map # 57-1-2 up to a
maximum of 10 acres of unimproved land situated on the south side of Texas Street and
extending in an easterly direction along Texas Street, approximately lOOO linear feet from
the southeast intersection of Boulevard-Roanoke and Texas Street.
Questions concerning the proposed sale may be addressed to the Office of the City
Manager, City Hall, 114 North Broad Street, Satem, Virginia, at 375-3016.
At said hearing, parties in interest and citizens shall have an opportunity to be heard
relative to the said request.
THE COUNCIL OF THE
CITY OF SALEM, VIRGINIA
James E. Taliaferro, ll,
Clerk of Salem City Council
PLEASE PUBLISH lN THE July 1srh, 2016, TSSUE OF THE 'ROANOKE TTMES'AND B|LL
CREDIT CARD AND EMAIL RECEIPT TO:
Crystal LaBrie at cllabrie@salemva.oov
CITY OF SALEM
P. O. BOX 869
SALEM, VA 24153-0869,