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HomeMy WebLinkAbout6/23/2025 - City Council - Agenda -Regular Agenda Monday, June 23, 2025, 6:30 PM Work Session, 6:00 PM Council Chambers Conference Room, City Hall, 114 North Broad Street, Salem, Virginia 24153 Regular Session, 6:30 PM, City Hall, 114 North Broad Street, Salem, Virginia 24153 WORK SESSION 1. Call to Order 2. New Business A. Discussion Items Stormwater Discussion 3. Adjournment REGULAR SESSION 1. Call to Order 2. Pledge of Allegiance 3. Bid Opening, Awards, Recognitions 4. Consent Agenda A. Citizen Comments Comments from the public, limited to five minutes, on matters not already having a public hearing at the same meeting. B. Minutes Consider acceptance of the June 9, 2025, Work Session and Regular Meeting minutes. C. Financial Reports Consider acceptance of the Statement of Revenues and Expenses for the eleven months ending May 2025. Page 1 of 164 5. Old Business A. Amendment to the Zoning Ordinance Consider ordinance on second reading for the request of Danny R. and Sonja S. Kane, property owners, to rezone the property located at 151 St. John Road (Tax Map #155-2-3) from HM Heavy Manufacturing to HBD Highway Business District. (Approved on first reading at the June 9, 2025, meeting.) 6. New Business A. TAP Lease Authorize the City Manager to finalize and execute a lease agreement with Total Action for Progress in the Roanoke Valley (TAP) for City property located at 1031 South College Avenue. B. Lease Amendment with U S General Services Administration Consider authorizing the City Manager to finalize and execute a lease renewal with the United States Government providing office space in a City facility located at 36 East Calhoun Street. C. Lease Agreement with T-Mobile Northeast LLC Consider authorizing the City Manager to finalize and execute a new lease agreement with T-Mobile Northeast, LLC effective upon expiration on February 13, 2027 of the existing lease for cellular equipment on the Kime Lane water tank. D. Appropriation of Funds Request to accept and appropriate donations from Rotary Club of Salem and appropriate funding from the Salem School Division E. Fiscal Agent Agreements Consider approval of the fiscal agent agreements with Court Community Corrections Program and Cardinal Criminal Justice Academy. 7. Adjournment Page 2 of 164 CITY COUNCIL MINUTES Monday, June 9, 2025 at 6:30 PM Work Session, 6:00 PM Council Chambers Conference Room, City Hall, 114 North Broad Street, Salem, Virginia 24153 Regular Session, 6:30 PM, City Hall, 114 North Broad Street, Salem, Virginia 24153 WORK SESSION 1.Call to Order A work session of the Council of the City of Salem, Virginia, was held in the Council Chambers Conference Room, City Hall, 114 N. Broad Street, Salem, Virginia, on June 9, 2025, at 6:00 p.m., there being present the following members of said Council to wit: Renée Ferris Turk, Mayor (participated remotely); Anne Marie Green, Vice- Mayor; Council members; Byron Randolph Foley, H. Hunter Holliday, and John Saunders (participated remotely); with Anne Marie Green, Vice-Mayor, presiding; together with Chris Dorsey, City Manager; Rob Light, Assistant City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Crystal Williams, Assistant to the City Manager; and Laura Lea Harris, Deputy Clerk of Council; and the following business was transacted; Vice-Mayor Green reported that this date, place, and time had been set in order for the Council to hold a work session; and 2.New Business A.Discussion Items Discussion of 2026 Legislative Agenda Process Mr. Light noted that Council had requested starting the 2026 Legislative Agenda process earlier than previous years. He shared a copy for Council's review of the past five Legislative Agendas adopted by Council and stated that the purpose of this Work Session was to determine what Council would like to do going forward. Discussion was held by Council on options for potentially meeting to hold discussion Item #4.B Date: 6/23/2025 Page 3 of 164 with legislators. Mr. Holliday volunteered to check on the availability of Salem's legislators. Discussion was also held on items to be included in this year's Legislative Agenda. 3. Adjournment There being no further business, Vice-Mayor Green adjourned the meeting at 6:25 p.m. REGULAR SESSION 1. Call to Order A regular meeting of the Council of the City of Salem, Virginia, was called to order at 6:30 p.m., there being present the following members to wit: Renée Ferris Turk, Mayor (participated remotely); Anne Marie Green, Vice-Mayor; Councilmembers: Byron Randolph Foley, H. Hunter Holliday, and John Saunders (participated remotely); with Anne Marie Green, Vice-Mayor, presiding together with Chris Dorsey, City Manager; Rob Light, Assistant City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Chuck Van Allman, Director of Community Development; Clark Ruhland, Communications Specialist; and Jim Guynn, City Attorney. 2. Pledge of Allegiance Vice-Mayor Green requested that Mr. Light read requests from Councilman Saunders and Mayor Turk to participate remotely in this Council meeting. Mr. Light noted that Mr. Saunders asked him to read the following request on his behalf: "In accordance with Section 2.2- 3708.3 B(1) of the Code of the Commonwealth of Virginia and the Remote Participation Policy of the City of Salem, I hereby request to participate remotely due to a temporary medical condition." Mr. Light continued that Mayor Turk asked that he read the following request on her behalf: "In accordance with Section 2.2- 3708.3 B(4) of the Code of the Commonwealth of Virginia and the Remote Participation Policy of the City of Salem, I hereby request to participate remotely due to a personal matter, specifically that I am out of town." Randy Foley motioned to accept the remote participation statements of Mr. Saunders and Mayor Turk. Hunter Holliday seconded the motion. Ayes: Hunter Holliday, Randy Foley, Anne Marie Green Nays: None Abstaining: John Saunders, Renee Turk Vice-Mayor Green noted that she was going to be deviating from the agenda for a comment from Mr. Foley. Page 4 of 164 Mr. Foley noted for the information of those present that he wished to recognize the life and service of Mr. Howard Packett, who died this past Saturday at the age of 92. He shared that Mr. Packett had served on City Council for 24 years and that he was Mayor from 2006 through 2008. He requested that a moment of silence be observed for his service to this community and the family. 3. Bid Opening, Awards, Recognitions A. Presentation of Certificate of Achievement for Accreditation - City of Salem Sheriff's Office Program Director Todd Clingenpeel for the Virginia Law Enforcement Professional Standards Commission and Roanoke City Sheriff Antonio Hash will present Sheriff Christopher Shelor, Accreditation Manager, Captain Jonathan Branson, and the entire Salem Sheriff’s Office staff the Certificate of Accreditation. This is the sixth certificate of achievement for the Salem Sheriff’s Office, an accredited agency since 2005. Vice-Mayor Green welcomed Todd Clingenpeel and Roanoke City Sheriff Antonio Hash and asked Sheriff Chris Shelor and other members of the City of Salem Sheriff's Office to come forward to receive the presentation. Todd Clingenpeel, Program Director for the Virginia Law Enforcement Professional Standards Commission, addressed City Council to recognize the Salem Sheriff's Office for achieving accreditation, an honor attained by only 110 out of 428 agencies in Virginia. The speaker shared personal reflections on the significance of the location and longstanding ties with the Sheriff's Office, including past leadership and service history. He highlighted the often unseen dedication and compassion of deputies, including handling mental health crises, transporting vulnerable individuals, and providing care in critical situations. He emphasized the professionalism, integrity, and accountability of the office, as noted by independent assessors who reviewed 192 standards and over 500 compliance bullet points. The assessors commended the agency’s commitment to service and high operational standards. The speaker expressed pride in the office’s achievements and introduced Sheriff Hash from Roanoke City, a commissioner, to offer additional remarks. Roanoke City Sheriff, Antonio Hash, serving as a commissioner of the Virginia Law Enforcement Professional Standards Commission (VLEPSC), addressed City Council to formally present the Salem Sheriff's Office with its sixth accreditation award. Sheriff Hash commended the department’s leadership and staff, noting that excellence in leadership is reflected in the performance and professionalism of the entire team. He emphasized that accreditation is not given lightly but earned through rigorous adherence to state standards. The Salem Sheriff's Office was recognized for not only meeting but in some cases exceeding those standards. Sheriff Hash presented the certificate, which confirms that the office was officially accredited on May 29, 2025, for a four-year term. Sheriff Hash noted that this was the sixth certificate of achievement for the Salem Sheriff's Office. He closed by acknowledging the dedication, teamwork, and daily hard work of the department in serving the Page 5 of 164 community and maintaining professional law enforcement standards across the Commonwealth. Salem Sheriff Chris Shelor expressed appreciation to Program Director Todd Clingenpeel, Sheriff Hash, the Virginia Law Enforcement Professional Standards Commission, and the board for their support in the accreditation process. He acknowledged that the success of the Salem Sheriff's Office stems from the dedication of current staff and those who served before him. Sheriff Shelor gave special recognition to Captain Branson for his significant contributions throughout years two through four of the accreditation process, and to Todd Clingenpeel for leading the first year. He noted the office’s ongoing commitment to collaboration with the City of Salem in the future. Vice-Mayor Green noted that law enforcement accreditation is important for the entire City and expressed appreciation and congratulations to the Salem Sheriff's Office. Mike Stevens took pictures of Council with those present for the presentation. 4. Consent Agenda A. Citizen Comments Comments from the public, limited to five minutes, on matters not already having a public hearing at the same meeting. Ralph Claussen, 827 Marston Street, expressed concerns about shifts in the culture and academics of Salem City Schools. He urged stronger policies to ensure student safety and uphold academic standards, and advocated for increased parental involvement in curriculum decisions, including advance notice and opt-out options for assigned reading materials. He called for continued collaboration among city leaders, educators, and parents, and offered his support in promoting positive change for students. Cynthia Munley, 425 Roanoke Boulevard, reiterated concerns about the environmental and public safety risks posed by the Mountain Valley Pipeline (MVP), particularly its proximity to Salem’s critical infrastructure and water sources, despite the pipeline not crossing Salem city limits directly. She criticized past decisions by local and state officials and highlighted potential future harm. The speaker urged renewed collaboration with citizens to protect Salem’s water quality and environmental future. John Breen, 142 Bogey Lane, raised concerns regarding the City’s handling of property acquisitions and sales, citing insufficient due diligence in a 2022 land purchase. He also referenced the 2016 sale of 630 Union Street, asserting it was not properly marketed, sold below value, and that the buyer failed to meet development deadlines. Mr. Breen urged the City to exercise its option to repurchase the Union Street property due to unmet development commitments and called for stronger protections, transparency, and accountability in future transactions. Page 6 of 164 Stella Reinhard, 213 N. Broad Street, congratulated the City on its recent downtown mural, noting its contribution to community identity and long -term economic development. She emphasized the importance of elections, referencing recent candidate forums. She encouraged open dialogue on key issues, supported the timely implementation of policy changes, and advocated for greater transparency, specifically suggesting that two-by-two meetings and Council Work Session meetings be recorded or livestreamed. B. Minutes Consider acceptance of the May 27, 2025, Special Meeting Closed Session and the May 27, 2025, Regular Meeting minutes. The minutes were approved as written. 5. Old Business There was no old business this evening. 6. New Business A. Amendment to the Zoning Ordinance Hold a public hearing and consider ordinance on first reading for the request of Riverland Oaks, LLC, property owner, to rezone the property located at 19 Carey Avenue (T/M# 83-1-11) from RSF Residential Single-Family District to RB Residential Business District with proffered conditions. (Advertised in the May 22 and 29, 2025, issues of Cardinal News.) (Planning Commission recommended approval by a 5-0 vote.) Vice-Mayor Green asked Mr. Van Allman if he had any information to add this evening. Mr. Van Allman responded that he had no new information to add this evening. Vice-Mayor Green opened the public hearing and explained the process that would be used for the speakers this evening. Vice-Mayor Green asked if the petitioner would like to come forward and make a statement first. Patrick Snead, 302 Live Oak Court, spoke on behalf of Riverland Oaks, LLC, regarding a request to rezone 19 Carey Avenue from Residential Single -Family District to Residential Business District to match the adjacent parcel at 114 Brand Avenue, which is already zoned RB. He stated the intent is to combine the two lots to allow for a cohesive townhome development, rather than a disjointed mix of housing types. Snead acknowledged existing neighborhood concerns about stormwater an d invited project engineer Chris Burns (Balzer & Associates) to address technical Page 7 of 164 aspects. He emphasized the company's commitment to high-quality construction and ongoing maintenance, citing prior successful projects in Salem. Vice-Mayor Green requested that Mr. Snead address the offered proffers before leaving the podium. Mr. Snead noted that, if approved, the only use for the property would be townhomes. In addition, access would only be off Brand Avenue, and there would be no access from Carey Avenue. Chris Burns, Balzer & Associates, provided additional context regarding stormwater concerns related to the proposed rezoning of 19 Carey Avenue. He acknowledged existing drainage issues in the area, noting that the site includes part of a neighborhood low spot. He clarified that these issues cannot be resolved solely through the proposed development and require broader City involvement. Burns stated that, regardless of zoning outcome, stormwater management will be addressed during the site plan phase. He noted ongoing collaboration with City staff and a separate contract to study and propose solutions, expressing confidence that a viable solution is achievable. He further suggested that a unified townhome development would allow for a more cohesive and effective stormwater design compared to a mixed residential layout. Councilman Foley asked for the public's benefit how many units they are anticipating. Mr. Burns responded that the current RB parcel could be developed to six townhomes and the current RSF parcel could be developed as two single -family homes. Thus, as currently zoned, eight units could be built. They are requesting to build ten and they would be roughly the same size as the eight that could currently be built. City Manager Dorsey asked Mr. Van Allman to speak about the stormwater issues that Mr. Burns had addressed and specifically, public land versus private land and legally what the City can and cannot do. Mr. Van Allman addressed stormwater issues near Carey Avenue, noting that water accumulates in low-lying areas and threatens the structural integrity of the public roadway. He stated that the City is responsible for maintaining the road and plans to install infrastructure to improve drainage along Carey Avenue. This system will be designed to accommodate future development and provide connection points for additional drainage solutions. He emphasized that while the City cannot perform work on private property, improvements within the public right-of-way will help mitigate water retention, protect the roadway, and offer a framework for broader neighborhood drainage relief. Mayor Turk asked to clarify that, for the situation the City is responsible for, the City will be providing a way to drain water coming down the road so that citizens would be Page 8 of 164 able to tap into that to drain the water out of their property. Mr. Van Allman confirmed that this was correct. He added that the intention was, if anything is developed in that location, to provide a convenient method for them to be able to reach one of the inlets on City property and tie into it to drain. He indicated that the problem was that the soil saturates and the water has no way of getting out. Mr. Van Allman noted that the City is obligated to maintain the integrity of the road, but that people would be able to take a yard drain and take it out to either a ditch or some method that flows into the City system, then it would flow out with the rest of the stormwater. Mayor Turk indicated that it was her understanding that when those homes were built, the developers had followed the Code at that time. Mr. Van Allman confirmed this. Mayor Turk asked Mr. Van Allman to confirm that the situation had worsened and the City is planning to provide a way for those owners to tie into the City system from their private property in order to help drain the water that continues to pool on their properties. Mr. Van Allman responded affirmatively and added that the current situation was a detriment to the road also and needed to be addressed on public property. The City would allow connections to this from private property. This is not saying that the City is responsible for issues on private property. Mayor Turk asked Mr. Van Allman to confirm that the City would not be going on private property to make any corrections on those properties. Mr. Van Allman confirmed this and repeated that the City does not do work on private property unless they have an easement to do so and that, even then, it would be only under almost emergency circumstances. Councilman Holliday asked Mr. Van Allman if he had a number of residents that were affected on Carey Avenue with water buildup in their yards, and if there was an estimate of the cost associated with them hooking up to the City. Mr. Van Allman indicated that he would not be comfortable giving an estimate. He noted that the main concern right now is to get the trunk line to drain the road. Councilman Holliday asked how many residents on Carey Avenue are affected by water standing in their yards. Mr. Burns asked for permission to respond to this question. He shared that there are most likely not a lot of properties that specifically have standing water, but that most of the properties are probably impacted in some way. He noted a mosquito Page 9 of 164 problem. He indicated that if a stormwater system were installed up Carey Avenue that this issue would be solved. Councilman Holliday asked Mr. Burns if they would make sure that the new townhomes were connected to the drain. Mr. Burns responded that there was a timing aspect involved, and that all of this was contingent on the City system being in place when they proceed with development but that this would be the ideal scenario. Mr. Dorsey asked Mr. Burns if all of the houses on Carey Avenue that have water are below their site or just a few would be affected. Mr. Burns responded on the stormwater flow patterns near Carey Avenue, noting that the area generally drains toward Main Street but currently lacks a pipe system to support proper drainage. He explained that development downstream of the subject property has created barriers, trapping water in low areas. He emphasized that the proposed development presents an opportunity to work collaboratively with the City and the neighborhood to implement an effective drainage solution that benefits both the project and surrounding properties. Mr. Van Allman addressed the long-standing lack of consistent stormwater regulations for residential development, noting that past policies did not require stormwater planning or protections against foundation flooding. As a result, natural overland water flow has often been obstructed by construction or debris, leading to localized ponding. He emphasized that while the City cannot resolve these issues overnight, current efforts focus on protecting public roadways. Infrastructure improvements in public areas, such as along Carey Avenue, could also help alleviate broader neighborhood drainage concerns over time. Mayor Turk noted that Council wants to protect the citizens that live in that area and asked if tapping into whatever drainage system that the City puts in to remove water from the road surface would be enough to solve the problem. She asked Mr. Van Allman to explain how this was going to protect the citizens on that street. Mr. Van Allman responded that they are working with the project engineer to develop a watershed model for the area. The plan includes analyzing stormwater volume during various storm events and conservatively sizing drainage pipes to meet current and future capacity needs. The goal is to effectively convey stormwater to Main Street, in compliance with applicable standards. Staff emphasized that the City will meet the same requirements it sets for private developers. Mayor Turk asked to confirm that if what he was saying was that the size of the drainage pipe that would be used would be large enough to handle whatever runoff would be coming from those neighboring homes and coming down the street itself. Page 10 of 164 Mr. Van Allman responded affirmatively. Mayor Turk asked if this would be able to handle greater storms and amounts of water in the future. Mr. Van Allman confirmed this and noted that there would be a limit on how much development could be done because of the amount of open land. Vice-Mayor Green called the first three speakers to the podium to speak. Nathan O'Kane, 934 Roanoke Boulevard, noted that he did not wish to speak on the public hearing but on another topic. It was clarified that this time was only reserved for speakers on the public hearing for this specific rezoning request but that he was welcome to email them with his comments. Dennis Dessureau, 108 Carey Avenue, shared pictures with Council of both the past and current situation on Carey Avenue. He spoke on behalf of neighbors to express concerns regarding a longstanding surface water runoff problem affecting multiple properties in the area. He warned that the proposed rezoning and future development could worsen flooding conditions if proper stormwater infrastructure is not implemented. The speaker urged the City to delay approval until a runoff solution is in place and the developer presents a plan that protects existing homes. Concerns included health risks, property damage, and lack of prior City action. Rebecca Horton, 419 Roanoke Boulevard, property owner of 112 Brand Avenue, expressed concerns that the proposed development could alter the grading and elevation of the site in a way that would increase stormwater runoff onto her pro perty, which has not experienced flooding in 14 years. She questioned whether planned drainage improvements focused on Carey Avenue would adequately address potential runoff impacts on neighboring Brand Avenue properties. The speaker requested that these concerns be considered in the development planning process. Christi Combs, 119 Carey Avenue, expressed concerns that proposed development could worsen existing stormwater issues affecting her property, which borders the site. While her home has not flooded in 21 years, water regularly pools in her yard near the property line. She noted that grading the development site could eliminate natural low areas that currently help manage runoff, potentially increasing flood risk. She also questioned whether any drainage infrastructure would be installed along the rear of the property and asked who would be liable for damages if nearby homes flood as a result of the development. Kenneth Griggs, 145 Carey Avenue, expressed ongoing concerns about flooding on his property during heavy rains, noting that water routinely reaches within 10 feet of his home and can take up to four weeks to recede. He reported water runoff from three nearby businesses and emphasized that stagnant water poses health risks due Page 11 of 164 to excessive mosquito activity, making outdoor use of his property unsafe for his grandchildren. The speaker urged the City to take action, stating that drainage issues have persisted for over 30 years without resolution. Dynasty McNeill, 118 Carey Avenue, expressed concern over two issues: (1) Stormwater and Drainage: She emphasized long-standing flooding issues and inquired about the timeline for planned infrastructure improvements. Mr. Van Allman confirmed that plans are in progress to install stormwater infrastructure to protect the roadway, with provisions allowing homeowners to connect to the system at their own expense. She asked whether nearby businesses contributing to water runoff would be required to tie into the new system and was informed such connections would be voluntary and not mandated by the City; and (2) Rezoning and Neighborhood Character: Ms. McNeill also opposed the rezoning of 19 Carey Avenue, citing concerns that approval could lead to further rezoning of adjacent properties (including 311 Carey and others), potentially changing the character of the neighborhood. She stressed that the area is primarily single-family and pedestrian-friendly, and that increased density or commercial uses would negatively impact safety and quality of life. Virginia All, 107 Carey Avenue, confirmed that she did not wish to speak. Phil Beland, 312 Carey Avenue, noted that he was not personally affected by flooding. He spoke in strong support of their neighbors’ concerns regarding stormwater runoff and urged the City to fully address drainage issues before allowing further development. He also expressed concern about quality-of-life impacts, specifically the proliferation of mosquitoes due to standing water, which limits outdoor activity for residents, including children and individuals with mobility challenges. Fawn Robbins, 311 Carey Avenue, expressed concern about the timing of stormwater mitigation efforts, noting that longstanding issues are only now being addressed as development is proposed. She also urged the City to consider the potential for increased traffic and its impact on neighborhood safety and quality of life. Madison Osburn, 17 Carey Avenue, noted that she recently purchased the property, unaware of the proposed rezoning. She spoke in opposition to the development of townhomes behind her home. She expressed concern over the scale and impact of the project, citing its inconsistency with the existing single-family neighborhood, potential reductions in property value, potential water run-off problems, loss of privacy, safety, and increased traffic and noise. She emphasized that the city’s original RSF zoning was intended to preserve neighborhood character and urged the City to uphold that vision by allowing only single-family development on the lot. Vice-Mayor Green asked if there was anyone else who wished to speak on this topic. Vice-Mayor Green closed the public hearing. Page 12 of 164 Councilman Foley noted that he had read through the Planning Commission minutes and felt that he understood the concerns that were voiced. He felt that those concerns would still be applicable whatever was built on that property. Randy Foley moved to rezone this property as stated to RB Residential Business District. Mayor Turk seconded the motion. Councilman Holliday expressed support for the concerns raised by residents and emphasized the need for the City to establish a clear timeline for addressing stormwater infrastructure improvements before permitting new development. He suggested that any future construction should be contingent on the ability to tie into the planned drainage system and recommended exploring options for nearby businesses on Brand Avenue to also connect. Due to the ongoing nature of the issue, Mr. Holliday noted that he would like to table the rezoning request until a timeline is in place and infrastructure plans are finalized. He indicated that his current vote would be "no." Vice-Mayor Green asked when the second reading of the ordinance would be held. Mr. Light responded that the second reading was scheduled for the next meeting, the second June meeting. Vice-Mayor Green noted that she had some of the same concerns as Mr. Holliday. She understood that doing this project could be a catalyst for the City to move forward with what they have been trying to accomplish; however, she expressed concern about going forward with this project without knowing what was going to happen with the City project at the same time. She noted that there was a motion and second on the floor and asked for a roll call vote if there was no further discussion. Ayes: Randy Foley, Renée Turk Nays: John Saunders, Hunter Holliday, Anne Marie Green The motion was denied. Vice-Mayor Green noted that something needs to be done by the City on that street prior to considering further development in that location. Mayor Turk noted that while some stormwater issues may not fall directly under the City’s responsibility, they may still require management solutions. She suggested the City consider implementing a stormwater management fee or similar funding mechanism to address long-standing and worsening drainage issues in older neighborhoods. Mayor Turk emphasized that many homes were built to prior standards, but changing weather patterns have intensified flooding concerns. She stressed the need for proactive planning to protect residents and acknowledged personal experience in mitigating flooding on her own property. Page 13 of 164 Councilman Holliday expressed that the flooding issues in the affected neighborhood are not solely due to recent weather changes but have been ongoing for decades. He emphasized that allowing new construction without a viable drainage solution is inadvisable. Mr. Holliday supported the City’s plan to work with a consultant to develop a stormwater pipeline along the roads and noted that affected residents may be willing to connect to the system at their own expense if it resolves the issue of standing water on their properties. Mayor Turk acknowledged the longstanding stormwater issues on Carey Avenue and surrounding areas, noting that the concerns expressed by residents are valid and widely shared by Council. She stated that the City is taking steps to provide a drainage line along the public right-of-way, allowing residents the opportunity to connect and help manage runoff. Vice-Mayor Green reiterated that the rezoning request had been denied this evening. City Manager Dorsey asked to make one last statement. He expressed appreciation to staff, specifically Chuck and Rosie, along with the engineers, for their efforts in addressing the longstanding stormwater issues. He noted that while the project will be costly, staff has worked creatively to identify potential funding solutions, which may help explain prior delays. Mr. Dorsey thanked them for their commitment to moving the project forward. B. Amendment to the Zoning Ordinance Hold a public hearing and consider ordinance on first reading for the request of Danny R. and Sonja S. Kane, property owners, to rezone the property located at 151 St. John Road (Tax Map #155-2-3) from HM Heavy Manufacturing to HBD Highway Business District. (Advertised in the May 22 and 29, 2025, issues of Cardinal News.) (Planning Commission recommended approval by a 5-0 vote.) Vice-Mayor Green asked Mr. Van Allman if he had any comments on this item. Mr. Van Allman noted that there were no problems with this request and that basically this request was to allow them to use this property as a playing field. He stated that this was a great use for the property as it was mostly in the floodway. He indicated that most communities that are able to find a way to use floodway property this way do so. Vice-Mayor Green asked if the petitioner was present this evening. Chris Burns; Balzer and Associates, 1208 Corporate Circle, Roanoke, Virginia; spoke on behalf of the petitioner, regarding a rezoning request for their property. The Salem Sabers organization seeks to add parking improvements due to increased demand and changes in nearby business operations. Historically, parking has been available along St. John Road and in neighboring business lots with staggered usage times, Page 14 of 164 but this arrangement is becoming less viable. Upon discussing improvements with City staff, the organization learned the current recreational use is non-conforming under the existing HM Heavy Manufacturing zoning. As a result, they are requesting rezoning to HBD Highway Business District to accommodate the commercial outdoor sports and recreation use. Mr. Burns noted that HBD is appropriate given the property's floodway location and offered to answer any questions. Vice-Mayor Green opened the public hearing. No one came forward to speak. Vice-Mayor closed the public hearing. Randy Foley motioned to rezone the property at 151 St. John Road from Heavy Manufacturing District to Highway Business District as requested. Hunter Holliday seconded the motion. Ayes: John Saunders, Hunter Holliday, Randy Foley, Anne Marie Green, Renee Turk Nays: None Abstaining: None C. Public Hearing and Consider Lease for the Battery Energy Storage System (BESS) Project. Hold a public hearing and consider the lease of an approximate +/- 0.10-acre portion of Tax Map #150-2-4 owned by and located in the City of Salem, Virginia. (Advertised in the May 30, 2025, issue of Cardinal News.) Vice-Mayor Green asked Mr. Light if he had any information that he would like to share on this item. He explained that this had been discussed last year with the Battery Storage Project, and it had been noted that there would been multiple documents. The lease is a document that requires a public hearing, and staff is now ready to bring that before Council now to hold a public hearing and to ask Council to approve the lease. Council is also being asked to authorize the City Manager to execute this document. Vice-Mayor Green opened the public hearing. No one came forward to speak. Vice-Mayor Green closed the public hearing. Hunter Holliday motioned to approve the lease of an approximate +/- 0.10 acre portion of Tax Map #150-2-4 owned by and located in the City of Salem for the Battery Energy Storage System (BESS) project. Page 15 of 164 Randy Foley seconded the motion and amended it to add the language to authorize the City Manager to finalize and execute the lease agreement in a form acceptable to the City Attorney. Ayes: John Saunders, Hunter Holliday, Randy Foley, Anne Marie Green, Renée Turk Nays: None Abstaining: None D. Resolution 1503 - Revision of Maximum Pricing for Battery Energy Storage System (Bess) Project Consider revising the maximum price per kW-mo. established by Council at their November 12, 2024 Meeting. Vice-Mayor Green asked Ms. Jordan for any information she would like to share on this item. Ms. Jordan explained that, as discussed with City Council and the consultant. In the past, City Council had approved a maximum pricing for the Battery Energy Storage System. The economy, changing electric environment, and current tariffs that are coming into play have caused that pricing to require a slight increase. This evening, Council is being asked to revise the maximum price per kilowatt month that was established on November 12, 2024, to increase that to $9.92/kW-mo.. Anne Marie Green motioned to adopt Resolution 1503 revising the maximum price to $9.92/kW-mo. for which the City Manager is authorized to execute a BESS Storage Agreement in terms acceptable to the City Attorney. Hunter Holliday seconded the motion. Councilman Foley noted for the record that this was Resolution 1503. Ayes: John Saunders, Hunter Holliday, Randy Foley, Anne Marie Green, Renee Turk Nays: None Abstaining: None E. Resolution 1504 - Remote Participation Policy Consider adoption of Resolution 1504 to adopt a Remote Participation Policy for Council member participation in Council meetings for Fiscal Year 2025- 2026. Mr. Light noted that the Code of Virginia was amended effective July 1, 2024, with regard to remote participation. This requires an annual approval of a remote participation process. This item is just to fulfill that requirement. This annual remote participation requirement would be for July 1, 2025, through June 30, 2026. Vice-Mayor Green referred to paragraph two of the policy which states that "On or Page 16 of 164 before the day of a meeting. The Council member shall notify the Mayor." She asked who the Mayor would notify. Mr. Guynn noted that this detail was not specified in the Code. Randy Foley motioned to adopt Resolution 1504, adopting the City's remote participation policy for Fiscal Year 2025-2026. Hunter Holliday seconded the motion. Ayes: John Saunders, Hunter Holliday, Randy Foley, Anne Marie Green, Renee Turk Nays: None Abstaining: None F. 630 Union Street Purchase Agreement Amendment Consider an amendment to the Purchase Agreement for 630 Union Street. Vice-Mayor Green asked Mr. Dorsey if there was any information that he would like to share on this item. Mr. Dorsey explained that this item goes back to what had been heard previously that there was an agreement by the City to sell this land , and it closed back on April 27, 2022. They had three years at that time to put a structure or to build on the land. They were not able to get that completed; however, a site plan has been turned in. Mr. Van Allman noted that the review for this site plan is scheduled, and he believed it was the next day. Mr. Dorsey noted that after the expiration, the City had 60 days to exercise its right to repurchase the property. As work had already been done on the property, the City got in touch with the owner. It was communicated that, as progress was being made, the City would potentially be able to give, at most, another 18 months to complete the project. After that point, the City would exercise its right to repurchase the property. Basically, Council is being asked to extend the deadline by 18 months to move forward. The City did not wish to lose the right to be able to repurchase, if necessary. The owner has experienced some delays, but they are moving forward at this time. Councilman Holliday asked when the City purchased the property and what was the purchase price, what the property sold for in 2022, and the actual current value of the property. He asked if the City is getting the best deal for our citizens by extending this. Mr. Van Allman indicated that he was not involved in that proce ss. He suggested speaking with the Real Estate department for specific details and that this was handled by the previous City Manager. Councilman Holliday gave estimates from his recollection without numbers in front of Page 17 of 164 him of the City's purchase price, sale price, and current appraisal value. He indicated that he was curious as to the reason this was taking so long for the individuals to move forward with the project, as three years had passed. He did note that a site plan had been submitted. Mr. Van Allman noted that he was aware that a deadline existed. He explained that Community Development was proceeding as normal with the review of the site plan, and this was not being expedited. Mr. Dorsey stated that G & H Contracting was moving forward and using their own staff to do so. He noted that they had been busy with the Moyer project as well as a couple of other construction projects and were just able to start back on this project. Mr. Guynn added that, from his understanding, this was the only offer that was received by the City. Councilman Holliday asked if the City ever advertised the property. Mr. Guynn responded affirmatively. He added that this made one wonder about the assessment. Councilman Saunders noted, and asked Councilman Foley to correct any error in his facts, that Thalhimer had that property back in 2018-2019. Councilman Foley indicated that he could not speak to the year, but that it was correct that Thalhimer was handling the property. Councilman Saunders noted that this was during his first term on Council and he did not remember any other offers looking to purchase the land. Councilman Foley noted that the owner was paying taxes on the assessed value of the property, so revenue was being received by the City for this. Mayor Turk asked to confirm that the property was not purchased at the current value but at the value that the purchaser agreed on to purchase the property. This was confirmed. Mayor Turk noted that, in her opinion, it would not be prudent to back out on the agreement even though the value is currently higher. Randy Foley motioned to authorize the City Manager to amend the Purchase Agreement with Union Street Plaza, LLC, to extend the time for completion by eighteen (18) months. John Saunders seconded the motion. Ayes: John Saunders, Hunter Holliday, Randy Foley, Anne Marie Green, Renee Turk Page 18 of 164 Nays: None Abstaining: None G. Appropriation of Funds Request to appropriate a Marketing Program grant from Virginia Tourism Corporation. Vice-Mayor Green asked Ms. Jordan if she had any information to share on this item. Ms. Jordan noted that there was not any additional information in addition to what was included in the Council report other than the fact that the City had been awarded another $20,000 grant from the Virginia Tourism Corporation Destination Marketing Organization Marketing Program. A local match of $10,000 is required, which was included in the Fiscal Year 2026 budget. This evening, Council was being asked to appropriate the funds. Hunter Holliday motioned to appropriate $20,000 as specified in the Council report. Randy Foley seconded the motion. Ayes: John Saunders, Hunter Holliday, Randy Foley, Anne Marie Green, Renee Turk Nays: None Abstaining: None H. Appropriation of Funds Request to accept and appropriate Technical Assistance Grant funds from the Virginia Department of Housing and Community Development (VDHCD) and execute a Memorandum of Understanding Ms. Jordan noted that the City had been awarded $3,425.00 from the Virginia Department of Housing and Community Development. This is going to be used to support and establish a 501(c)(3) organization to assist with the Main Street Approach program for revitalizing the downtown district. This evening, Council is being asked to appropriate the $3,425 and to authorize the City Manager to execute the Memorandum of Understanding between the City and VDHCD. Mr. Light asked to add that staff would like to also ask that any of this grant not spent in the current year would be administratively appropriated in the subsequent fiscal year. Randy Foley motioned to approve this motion as presented . Hunter Holliday seconded the motion. Ayes: John Saunders, Hunter Holliday, Randy Foley, Anne Marie Green, Renee Turk Nays: None Abstaining: None Page 19 of 164 I. Appropriation of Funds Request to transfer unallocated capital reserve for Fiscal Year 2026 Capital Improvement Plan projects. Audit - Finance Committee Councilman Foley noted that the Fiscal Year 2026 budget was adopted on May 27, 2025. The budget included two projects to be funded by capital reserves. In accordance with the City’s Capital Planning and Reserve Policy, contributions from the General Fund were previously appropriated to the capital reserve account and need to be transferred to specific projects as approved by City Council. Randy Foley motioned to transfer $1,066,500 from the Capital Reserve account to the following expenditures accounts effective July 2025: Spartan Field-New LED Lights - $518,400 and Police Vehicle Replacement - $548,100. John Saunders seconded the motion. Ayes: John Saunders, Hunter Holliday, Randy Foley, Anne Marie Green, Renee Turk Nays: None Abstaining: None J. Appropriation of Funds Request to appropriate and transfer funding for project contingency to the Water Capital Fund and Sewer Capital Fund and to appropriate additional 2024 General Obligation Bond proceeds. Audit - Finance Committee Councilman Foley noted that funding is available in the Water Fund and Sewer Fund fiscal year 2025 operating budgets to be transferred to the Water Capital Fund and Sewer Capital Fund to create a project contingency in each capital fund. These contingency funds can be used with the approval of the City Manager to cover project shortfalls and change orders. A contingency of $50,000 will be transferred to each capital fund. Also, 2024 General Obligation bonds were issued on November 26, 2024. Total proceeds of $3,552,000 were allocated to Water Capital Fund projects for Well Construction and Franklin Street Water Tank Replacement as well as to cover bond issuance costs. Additional proceeds of $792 remained after satisfying bond issuance costs. These additional proceeds need to be appropriated to the Well Construction project in the Water Capital Fund. Randy Foley motioned that Council authorize the necessary budget appropriations and transfers as outlined in the Council report. Hunter Holliday seconded the motion. Ayes: John Saunders, Hunter Holliday, Randy Foley, Anne Marie Green, Renee Turk Nays: None Abstaining: None K. Boards and Commissions Page 20 of 164 Consider appointments to various boards and commissions. Vice-Mayor Green noted that TAP's bylaws had been amended since Mr. Foley was originally appointed to the board and Council needs to make a motion so that his term will coincide with the current three-year term provision in their bylaws. Hunter Holliday motioned to reappoint Byron Randolph Foley for a third three -year term ending December 31, 2027, to the TAP board. Anne Marie Green seconded the motion. Ayes: John Saunders, Hunter Holliday, Randy Foley, Anne Marie Green, Renee Turk Nays: None Abstaining: None 7. Adjournment The meeting was adjourned at 8:22 p.m. Submitted by: Approved by: H. Robert Light Renée Ferris Turk Clerk of Council Mayor Page 21 of 164 Schedule A Current Year Current Year % of Prior Year Budget Year to Date Budget Year to Date Variance Revenue: Beginning Balance 7-1-24 14,136,825$ -$ 0% -$ -$ General Property Taxes 51,890,783 44,191,595 85% 40,802,055 3,389,540 Other Local Taxes 29,110,800 25,423,354 87% 24,687,908 735,446 Permits and Licenses 359,440 488,022 136% 287,592 200,430 Fines and Forfeitures 128,500 94,046 73% 105,908 (11,862) Revenue from Use of Money and Property 6,342,391 6,751,507 106% 7,499,915 (748,408) Charges for Services 3,728,697 3,287,829 88% 3,177,945 109,884 Payment in Lieu of Taxes from Electric Fund 3,160,000 2,896,667 92% 2,896,667 - Payment in Lieu of Taxes from Water Fund 147,696 137,810 93% 133,675 4,135 Miscellaneous Revenue 451,500 455,485 101% 781,338 (325,853) Non-Categorical Aid 3,642,803 869,733 24% 919,455 (49,722) Shared Expenses 1,933,459 1,530,374 79% 1,460,063 70,311 Categorical Aid 11,048,505 8,646,524 78% 7,548,031 1,098,493 Non-Revenue Receipts 89,105 104,260 117% 40,432 63,828 Transfer From Other Funds - - 0% 5,319,145 (5,319,145) Total Revenue 126,170,504 94,877,206 75% 95,660,129 (782,923) Expenditures: General Government 14,559,066 10,709,393 74% 10,381,119 328,274 Judicial Administration 3,183,598 2,726,772 86% 2,754,549 (27,777) Public Safety 25,637,033 21,739,978 85% 21,477,254 262,724 Public Works 19,818,119 11,108,503 56% 10,548,131 560,372 Health and Welfare 7,137,055 6,580,995 92% 5,788,750 792,245 Education 26,538,801 26,538,801 100% 25,469,019 1,069,782 Parks, Recreation and Cultural 9,987,415 7,840,084 78% 6,858,386 981,698 Community Development 4,433,989 3,309,885 75% 3,024,377 285,508 Transfers Out 13,870,063 12,782,964 92% 33,553,006 (20,770,042) Contingency 1,005,365 - 0% - - Total Expenditures 126,170,504 103,337,375 82% 119,854,591 (16,517,216) Revenue Over/(Under) Expenditures -$ (8,460,169)$ (24,194,462)$ 15,734,293$ City of Salem, Virginia General Fund Statement of Revenue and Expenditures For Eleven Months Ending May 31, 2025 Page 22 of 164 Schedule B - 50,000.00 100,000.00 150,000.00 200,000.00 250,000.00 300,000.00 350,000.00 400,000.00 450,000.00 500,000.00 550,000.00 600,000.00 650,000.00 700,000.00 750,000.00 800,000.00 850,000.00 900,000.00 950,000.00 1,000,000.00 1,050,000.00 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June City of Salem Sales Tax Summary For Fiscal Years 2022 -2025 FY 2022 FY 2023 FY 2024 FY 2025 Page 23 of 164 Schedule C 50,000.00 100,000.00 150,000.00 200,000.00 250,000.00 300,000.00 350,000.00 400,000.00 450,000.00 500,000.00 550,000.00 600,000.00 650,000.00 700,000.00 750,000.00 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June City of Salem Meals Tax Summary For Fiscal Years 2022 -2025 FY2022 FY2023 FY2024 FY2025 Page 24 of 164 Schedule D - 25,000.00 50,000.00 75,000.00 100,000.00 125,000.00 150,000.00 175,000.00 200,000.00 225,000.00 250,000.00 275,000.00 300,000.00 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June City of Salem Lodging Tax Summary For Fiscal Years 2022 -2025 FY2022 FY2023 FY2024 FY2025 Page 25 of 164 City of Salem, Virginia Special Revenue Fund Statement of Revenues and Expenditures For Period Ending May 31, 2025 Schedule E Project Total Available Year To Budget To Date Encumbrances Project Balance Date Fund Balance, July 1, 2024 -$ Revenues: ARPA - Election Grant 14,075$ 14,075$ -$ 14,075$ -$ 14,075$ Total Revenues 14,075 14,075 - 14,075 - 14,075 Expenditures: Election Grant 14,075 14,075 - 14,075 - 14,075 Total Expenditures 14,075$ 14,075$ -$ 14,075$ -$ 14,075 Fund Balance, May 31, 2025 -$ Page 26 of 164 City of Salem, Virginia Debt Outstanding For Period Ending May 31, 2025 Schedule F Balance Principal Balance 7/1/2024 Issuances Payments 5/31/2025 City Debt Outstanding 2013 Public Improvement Bonds 888,125$ -$ (89,425)$ 798,700$ 2016B Public Improvement Bonds 297,713 - (147,019) 150,694 2019 Public Improvement Bonds 4,065,000 - (215,000) 3,850,000 2020 Public Improvement Bonds 1,700,000 - (250,000) 1,450,000 2020 Public Improvement Refunding Bonds 4,405,060 - (607,186) 3,797,874 2021 Public Improvement Refunding Bonds 805,000 - (6,000) 799,000 2022B Public Improvement Bonds 13,916,000 - (593,000) 13,323,000 Total City Debt Outstanding 26,076,898 - (1,907,630) 24,169,268 School Debt Outstanding 2012A Public Improvement Bonds 4,295,250 - (477,250) 3,818,000 2013 Public Improvement Bonds 2,736,875 - (275,575) 2,461,300 2020 Public Improvement Bonds 23,395,000 - (1,055,000) 22,340,000 Total School Debt Outstanding 30,427,125 - (1,807,825) 28,619,300 Total Debt Outstanding 56,504,023$ -$ (3,715,455)$ 52,788,568$ Page 27 of 164 City of Salem, Virginia Capital Projects Fund Statement of Revenues and Expenditures For Period Ending May 31, 2025 Schedule G Project Total Available Year To Budget To Date Encumbrances Project Balance Date Fund Balance, July 1, 2024 13,489,570$ Revenues: Federal Grants 21,254,536$ 4,599,819$ -$ 4,599,819$ 16,654,717$ 2,229,050$ State Grants 16,081,981 5,431,953 - 5,431,953 10,650,028 1,193,891 Proceeds From Debt Issuance 15,015,146 15,015,145 - 15,015,145 1 - Interest Income 663,818 663,817 - 663,817 1 - Transfer From General Fund 28,071,182 28,059,543 - 28,059,543 11,639 2,550,923 Total Revenues 81,086,663 53,770,278 - 53,770,278 27,316,385 5,973,864 Expenditures: Next Generation 911 378,493 219,329 - 219,329 159,164 32,168 Fire Station #2 Renovations & Storage Building 1,930,143 681,972 1,082,611 1,764,583 165,560 576,450 Fire Station #1 Renovations 654,000 8,826 11,534 20,360 633,640 1,045 Fire Station #3 Renovations 454,000 7,051 4,844 11,895 442,105 - Colorado St Bridge Replacement 11,778,826 6,120,582 538,515 6,659,097 5,119,729 2,262,376 Apperson Drive Bridge Replacement 10,329,896 1,317,782 7,482,209 8,799,991 1,529,905 293,973 Jury Room Expansion 900,000 867,641 - 867,641 32,359 626,346 Apperson Drive Bridge Repairs #1800 682,432 673,855 5,100 678,955 3,477 591,483 Valleydale Streetscape Improvements 1,500,000 552,909 - 552,909 947,091 552,909 Upland Drive Storm Drain and Curb & Gutter 250,000 - - - 250,000 - 4th Street/Union Street Storm Sewer Upgrades 162,500 - 47,610 47,610 114,890 - Roanoke Boulevard Storm Drain Upgrades 100,000 - - - 100,000 - Texas Street/Idaho Street Pond 100,000 - - - 100,000 - Bainbridge Drive Storm Drain Expansion 225,000 - - - 225,000 - Truck Storage Building 750,000 26,596 7,704 34,300 715,700 26,596 Pedestrian Crossings 469,464 - 60,800 60,800 408,664 - Western Roanoke River Greenway 50,000 1,500 - 1,500 48,500 - Elizabeth Campus Greenway 2,252,578 305,901 488,586 794,487 1,458,091 108,561 Moyer Sports Complex Renovation 27,903,295 26,909,473 234,863 27,144,336 758,959 17,959 Mason Creek Greenway Phase 3 3,119,430 367,634 132,521 500,155 2,619,275 125,300 Library Flooring Replacement 190,000 - - - 190,000 - Library Co-working Space 155,000 - - - 155,000 - Civic Center East/West Fields Restroom 261,070 280,341 - 280,341 (19,271) 280,341 Longwood Park Restroom Replacement #2 180,406 180,406 - 180,406 - 180,349 Kiwanis Park Wall Pads 96,887 96,887 - 96,887 - 96,887 Library Lawn Special Events Space 500,000 - - - 500,000 - Library Renovation 250,000 - - - 250,000 - Roanoke River Greenway - Apperson to Cook 2,121,155 - - - 2,121,155 - Flood Mitigation-CFPF 77,974 75,013 - 75,013 2,961 - Downtown Impr - E Main St/Market St 5,440,677 4,207,014 47,381 4,254,395 1,186,282 2,861,457 Downtown Impr - E Main St/White Oak 2,311,825 65,482 21,245 86,727 2,225,098 25,150 Page 28 of 164 City of Salem, Virginia Capital Projects Fund Statement of Revenues and Expenditures For Period Ending May 31, 2025 Schedule G Project Total Available Year To Budget To Date Encumbrances Project Balance Date Downtown Impr - College Ave 3,256,307 - - - 3,256,307 - Capital Projects Local Reserve 1,204,013 - - - 1,204,013 - Downtown Improvements Reserve 390,350 - - - 390,350 - Excess Local Funding Reserve 660,942 - - - 660,942 - Total Expenditures 81,086,663$ 42,966,194$ 10,165,523$ 53,131,717$ 27,954,946$ 8,659,350 Fund Balance, May 31, 2025 10,804,084$ Page 29 of 164 City of Salem, Virginia Capital Reserve Fund Statement of Revenues and Expenditures For Period Ending May 31, 2025 Schedule H Project Total Available Year To Budget To Date Encumbrances Project Balance Date Fund Balance, July 1, 2024 17,026,870$ Revenues: Transfer From General Fund 23,255,577$ 23,255,577$ -$ 23,255,577$ -$ 6,228,707$ Total Revenues 23,255,577 23,255,577 - 23,255,577 - 6,228,707 Expenditures: Capital Reserve 19,342,716 - - - 19,342,716 - Fire Ladder Truck 2,400,000 - - - 2,400,000 - Body Cameras and In-Car Camera Replacement 654,004 654,004 - 654,004 - 654,004 Front Load Dumpster Truck 408,857 408,857 - 408,857 - 408,857 Salem Stadium Scoreboard Replacement 200,000 78,618 121,382 200,000 - 78,618 Civic Center Scoreboard Replacement 250,000 168,515 57,392 225,907 24,093 168,515 Total Expenditures 23,255,577$ 1,309,994$ 178,774$ 1,488,768$ 21,766,809$ 1,309,994 Fund Balance, May 31, 2025 21,945,583$ Page 30 of 164 Schedule I Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Sale of Power 50,066,620$ 48,074,809$ 96%39,990,706$ 8,084,103$ Other Electric Revenue 657,550 591,562 90%610,711 (19,149) Reserve for Encumbrances 1,816,023 - 0%- - Appropriated from Net Position 250,000 - 0%- - Total Operating Revenues 52,790,193 48,666,371 92%40,601,417 8,064,954 . Operating Expenses Other Power Generation - Operation 90,000 64,289 71%51,116 13,173 Other Power Generation - Maintenance 137,426 61,350 45%56,813 4,537 Purchased Power 26,815,000 25,724,095 96%23,788,497 1,935,598 Transmission - Operation 10,054,500 8,569,182 85%9,037,194 (468,012) Transmission - Maintenance 46,750 7,654 16%5,367 2,287 Distribution - Operations 1,194,500 1,021,309 86%1,041,433 (20,124) Distribution - Maintenance 1,609,161 1,497,669 93%1,440,432 57,237 Customer Service 686,849 610,598 89%580,257 30,341 Administration & General - Operation 2,823,901 829,765 29%977,379 (147,614) Administration & General - Maintenance 242,000 205,769 85%226,734 (20,965) Depreciation - 1,611,403 0%1,553,242 58,161 Capital 5,484,755 2,974,693 54%1,647,402 1,327,291 Contingency 445,351 - 0%- - Total Operating Expenses 49,630,193 43,177,776 87%40,405,866 2,771,910 Income (loss) Before Transfers 3,160,000 5,488,595 195,551 5,293,044 Transfers (Payment in Lieu of Taxes)(3,160,000) (2,896,667) 92%(2,896,667) - Income (loss)-$ 2,591,928$ (2,701,116)$ 5,293,044$ Income (loss)-$ 5,183,856$ (5,402,232)$ 10,586,088$ City of Salem, Virginia Electric Fund Statement of Operations For Eleven Months Ending May 31, 2025 Page 31 of 164 Schedule J Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Services 7,967,406$ 7,608,801$ 95%6,879,028$ 729,773$ Other Revenue 531,996 454,074 85%375,690 78,384 Water Federal Grants Revenue - 11,780 0%- 11,780 Gain On Sale Of Assets - 6,819 0%1,040 5,779 Reserve for Encumbrances 2,187,799 - 0%- - Total Operating Revenues 10,687,201 8,081,474 76%7,255,758 825,716 . Operating Expenses Salaries of Personnel 1,136,388 952,755 84%922,522 30,233 Fringe Benefits 479,930 423,793 88%416,327 7,466 Contractual Services 698,791 535,470 77%535,033 437 Printing and Binding 2,500 671 27%755 (84) Advertising 1,000 - 0%- - Utilities 422,200 495,229 117%412,542 82,687 Communications 5,900 3,845 65%3,669 176 Insurance 36,000 32,769 91%34,426 (1,657) Travel and Training 9,800 7,862 80%7,448 414 Miscellaneous 66,793 72,435 108%61,279 11,156 Materials and Supplies 324,588 214,537 66%223,325 (8,788) Depreciation - 798,247 0%781,343 16,904 Capital 477,801 250,779 52%151,301 99,478 Interest Obligations - 53,363 0%- 53,363 Contingency 115,581 - 0%- - Total Production Expenses 3,777,272 3,841,755 102%3,549,970 291,785 Salaries of Personnel 774,961 764,101 99%640,548 123,553 Fringe Benefits 368,938 348,358 94%290,451 57,907 Contractual Services 1,003,661 980,443 98%864,464 115,979 Printing and Binding 500 66 13%136 (70) Communications 4,850 4,181 86%4,206 (25) Insurance 36,000 36,204 101%34,275 1,929 Lease/Rent of Equipment 2,000 1,377 69%1,252 125 Travel and Training 7,600 4,034 53%2,496 1,538 Miscellaneous 33,193 32,529 98%30,459 2,070 Miscellaneous Credits (290,000) (365,693) 126%(349,056) (16,637) Materials and Supplies 165,975 87,228 53%175,326 (88,098) Depreciation - 212,641 0%189,206 23,435 Capital 2,292,589 1,808,720 79%196,840 1,611,880 Interest Obligations 1,874,520 170,040 9%204,326 (34,286) Bond Costs - 150 0%- 150 Total Distribution Expenses 6,274,787 4,084,379 65%2,284,929 1,799,450 Income (loss) Before Transfers 635,142 155,340 1,420,859 (1,265,519) Transfer to Water Capital Fund (487,446)(487,446) 100%- (487,446) Transfer (Payment in Lieu of Taxes)(147,696)(137,810) 93%(133,675) (4,135) Income (loss)-$ (469,916)$ 1,287,184$ (1,757,100)$ - Production Distribution City of Salem, Virginia Water Fund Statement of Operations For Eleven Months Ending May 31, 2025 Page 32 of 164 Schedule K Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Services 7,220,956$ 6,790,886$ 94%6,481,093$ 309,793$ Other Revenue 182,200 192,519 106%155,587 36,932 Reserve for Encumbrances 674,657 - 0%- - Appropriated from Net Position 2,579,710 - 0%- - Total Operating Revenues 10,657,523 6,983,405 66%6,636,680 346,725 . Operating Expenses Salaries of Personnel 952,012 746,264 78%737,063 9,201 Fringe Benefits 432,026 345,856 80%336,272 9,584 Contractual Services 3,399,155 2,802,516 82%2,371,998 430,518 Printing and Binding 1,500 133 9%633 (500) Advertising 1,500 - 0%- - Utilities 4,500 5,457 121%4,525 932 Communications 14,850 13,490 91%12,519 971 Insurance 15,000 15,807 105%13,362 2,445 Lease/Rent of Equipment 1,800 1,377 77%1,252 125 Travel and Training 12,000 6,866 57%4,379 2,487 Miscellaneous 40,693 39,888 98%39,904 (16) Miscellaneous Credits (270,000) (221,938) 82%(192,693) (29,245) Materials and Supplies 93,218 64,229 69%56,775 7,454 Depreciation - 1,319,833 0%1,312,163 7,670 Capital 1,474,114 285,823 19%217,487 68,336 Interest Obligations 1,803,283 62,489 3%72,283 (9,794) Contingency 407,162 - 0%- - Total Operating Expenses 8,382,813 5,488,090 65%4,987,922 500,168 Income (loss) before Transfers 2,274,710 1,495,315 1,648,758 (153,443) Transfer to Sewer Capital Fund (2,274,710) (2,274,710) 0%- (2,274,710) Income (loss)-$ (779,395)$ 1,648,758$ (2,428,153)$ City of Salem, Virginia Sewer Fund Statement of Operations For Eleven Months Ending May 31, 2025 Page 33 of 164 Schedule L Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Shows/rentals 373,000$ 354,262$ 95%393,584$ (39,322)$ Box office shows 1,500,000 1,057,062 70%1,897,360 (840,298) Merchandise and commissions 250,800 342,105 136%344,339 (2,234) Static advertising 55,000 38,125 69%41,000 (2,875) Miscellaneous income 31,528 36,713 116%23,369 13,344 Interest Income 1,000 2,111 211%1,560 551 Salem Fair 645,000 664,618 103%609,818 54,800 Reserve For Encumbrances 177,477 - 0%- - Gain on Sale of Assets - - 0%26,034 (26,034) Appropriated from Net Position 272,190 - 0%- - State Grants - - 0%77,865 (77,865) Total Operating Revenues 3,305,995 2,494,996 75%3,414,929 (919,933) Operating Expenses Salaries of personnel 1,451,908 1,270,553 88%1,238,596 31,957 Fringe benefits 547,769 453,340 83%452,251 1,089 Maintenance and contractual services 401,015 212,231 53%214,457 (2,226) Printing and binding 500 304 61%- 304 Advertising 23,000 31,402 137%20,275 11,127 Utilities 323,000 353,314 109%271,349 81,965 Communications 12,700 9,959 78%9,402 557 Insurance 30,500 30,570 100%29,351 1,219 Leases and Rentals 3,200 5,815 182%3,452 2,363 Travel and training 21,600 17,258 80%7,409 9,849 Miscellaneous 108,267 119,773 111%99,175 20,598 Show expense 1,450,000 1,032,473 71%2,071,588 (1,039,115) Fair expense 624,226 561,003 90%632,474 (71,471) Materials and supplies 38,000 32,046 84%57,719 (25,673) Capital 1,107,954 313,475 28%702,538 (389,063) Depreciation - 287,481 0%250,290 37,191 Total Operating Expenses 6,143,639 4,730,997 77%6,060,326 (1,329,329) Income (loss) Before Transfers (2,837,644)(2,236,001) (2,645,397)409,396 Transfers 2,837,644 1,803,674 64%1,696,737 106,937 Income (loss)-$ (432,327)$ (948,660)$ 516,333$ 0.00 City of Salem, Virginia Salem Civic Center Statement of Operations For Eleven Months Ending May 31, 2025 Page 34 of 164 Schedule M Operating Revenues: Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Catering 655,785$ 619,928$ 95%783,604$ (163,676)$ Concessions 137,833 144,373 105%200,649 (56,276) Moyer Concessions 65,000 109,274 168%- 109,274 Salem High Concessions 8,500 14,394 169%11,215 3,179 Appropriated from Net Position 54,916 - 0%- - Total Operating Revenues 922,034 887,969 96%995,468 (107,499) Operating Expenses: Salaries of personnel 305,459 304,653 100%282,750 21,903 Fringe benefits 111,075 89,398 80%88,559 839 Contractual services 9,465 19,645 208%7,003 12,642 Printing and binding 300 114 38%352 (238) Laundry and Cleaning 1,900 48 3%- 48 Communications 200 177 89%168 9 Insurance 2,000 1,522 76%1,877 (355) Travel and training - - 0%179 (179) Miscellaneous 24,848 25,799 104%25,285 514 Materials and supplies 235,691 215,846 92%270,772 (54,926) Capital 74,156 - 0%73 (73) Depreciation - 3,251 0%3,225 26 Total Catering Expenses 765,094 660,453 86%680,243 (19,790) Salaries of Personnel 58,030 68,442 118%54,866 13,576 Fringe Benefits 15,246 14,651 96%13,057 1,594 Contractual services 25,000 16,526 66%22,476 (5,950) Miscellaneous 150 (450) -300%(113) (337) Materials and Supplies 29,000 46,395 160%63,976 (17,581) Total Concessions Expenses 127,426 145,564 114%154,262 (8,698) Salaries of Personnel 37,000 36,097 98%- 36,097 Fringe Benefits 11,698 8,947 76%- 8,947 Contractual services 2,500 16,789 672%- 16,789 Miscellaneous - (45) 0%- (45) Materials and Supplies 21,000 39,162 186%3,010 36,152 Total Moyer Expenses 72,198 100,950 140%3,010 97,940 Salaries of Personnel 4,461 7,421 166%6,454 967 Fringe Benefits 1,676 1,372 82%1,410 (38) Contractual 2,500 - 0%1,174 (1,174) Miscellaneous - 6 0%(9) 15 Materials and Supplies 1,807 3,569 198%3,338 231 Total Salem High Expenses 10,444 12,368 118%12,367 1 Income (loss) Before Transfers (53,128)(31,366)145,586 (176,952) Transfers 53,128 - 0%- - Income (loss)-$ (31,366)$ 145,586$ (176,952)$ Moyer Concessions Salem High Concessions City of Salem, Virginia Salem Catering and Concessions Statement of Operations For Eleven Months Ending May 31, 2025 Catering Concessions Page 35 of 164 City of Salem, Virginia Water and Sewer Capital Funds Statement of Revenues and Expenditures For Period Ending May 31, 2025 Schedule N Project Total Available Year To Budget To Date Encumbrances Project Balance Date Water Capital Fund Fund Balance, July 1, 2024 6,200,000$ Revenues: Transfer From Water Fund 487,446$ 487,446$ -$ 487,446$ -$ 487,446$ Transfer From General Fund 6,200,000 6,200,000 - 6,200,000 - - Proceeds From Debt Issuance 3,450,630 - - - 3,450,630 - Interest Income 5,000 72,196 - 72,196 (67,196) 72,196 Total Revenues 10,143,076 6,759,642 - 6,759,642 3,383,434 559,642 Expenditures: North Salem Water Improvements 6,200,000 16,000 - 16,000 6,184,000 16,000 Well Construction 2,789,000 1,274,514 1,513,616 2,788,130 870 1,274,514 Franklin St Water Tank Replacement 605,236 531,876 73,359 605,235 1 531,876 Waterline Design and Replacement 468,446 - - - 468,446 - Bond Costs 80,394 80,394 - 80,394 - 80,394 Total Expenditures 10,143,076$ 1,902,784$ 1,586,975$ 3,489,759$ 6,653,317$ 1,902,784 Fund Balance, May 31, 2025 4,856,858$ Sewer Capital Fund Fund Balance, July 1, 2024 7,375,000$ Revenues: Transfer From Sewer Fund 2,274,710$ 2,274,710$ -$ 2,274,710$ -$ 2,274,710$ Transfer From General Fund 7,375,000 7,375,000 - 7,375,000 - - Total Revenues 9,649,710 9,649,710 - 9,649,710 - 2,274,710 Expenditures: Roanoke River Upper Sewer Rehab 7,154,710 - - - 7,154,710 - Wiley Ct Sewer Improvements 375,000 - - - 375,000 - Pomeroy Sewer System Upgrade 1,380,000 - - - 1,380,000 - Mason Creek Interceptor Upgrade 740,000 - 58,543 58,543 681,457 - Total Expenditures 9,649,710$ -$ 58,543$ 58,543$ 9,591,167$ - Fund Balance, May 31, 2025 9,649,710$ Page 36 of 164 Schedule O Budget Current Year Year to Date Percent to Date Prior Year Year to Date Variance Beginning Net Position -$ 9,399,213$ 7,846,412$ 1,552,801$ Revenue Premiums Paid - City 6,016,000 4,962,669 82% 4,862,102 100,567 Premiums Paid - School 5,150,000 4,204,898 82% 4,169,185 35,713 Premiums Paid - Retirees 697,500 754,337 108% 622,177 132,160 Dental Premiums Paid 590,600 501,885 85% 496,157 5,728 Interest Earnings 475,000 355,398 75% 380,277 (24,879) Miscellaneous 5,000 64,865 1297% 16,249 48,616 Total Year to Date Revenues 12,934,100 10,844,052 84% 10,546,147 297,905 Expenses Health Claims 11,700,266 11,000,668 94% 8,539,788 2,460,880 Dental Claims 590,600 436,411 74% 447,441 (11,030) Employee Health Clinic 532,884 367,431 69% 357,448 9,983 Consulting Services 105,250 63,246 60% 68,690 (5,444) Miscellaneous 5,100 4,408 86% 4,170 238 Total Year to Date Expenses 12,934,100 11,872,164 92% 9,417,537 2,454,627 Ending Net Position -$ 8,371,101$ 8,975,022$ (603,921)$ City of Salem, Virginia Health Insurance Fund Statement of Revenues and Expenses For Ten Months Ending April 30, 2025 Page 37 of 164 City of Salem, Virginia Schedule of Deposits and Investments For Period Ending May 31, 2025 Schedule P FV as a Cash Value Net Change Fair Value % of 5/31/2025 in Fair Value 5/31/2025 Portfolio Demand & Time Deposits Concentration Account 56,290,161$ -$ 56,290,161$ 31.8% Payroll Account 10,269 - 10,269 0.0% Revenue Recovery Account 5,610 - 5,610 0.0% Utility Billing Account 67,753 - 67,753 0.0% Box Office Account 2,114,271 - 2,114,271 1.2% Held as Fiscal Agent of: Cardinal Academy 739,137 - 739,137 0.4% Court Community Corrections 1,875,912 - 1,875,912 1.1% Held on Behalf of: Economic Development Authority 94,972 - 94,972 0.1% Total Demand & Time Deposits 61,198,085 - 61,198,085 34.6% Investments Local Government Investment Pool (LGIP) 112,744,547 - 112,744,547 63.8% VA State Non-Arbitrage Program (SNAP) 2,212,600 - 2,212,600 1.3% Held on Behalf of: Economic Development Authority LGIP 693,440 - 693,440 0.4% Total Investments 115,650,587 - 115,650,587 65.5% Total Deposits and Investments 176,848,672$ -$ 176,848,672$ 100.1% Page 38 of 164 Item #: 5.A. AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: June 23, 2025 AGENDA ITEM: Amendment to the Zoning Ordinance Consider ordinance on second reading for the request of Danny R. and Sonja S. Kane, property owners, to rezone the property located at 151 St. John Road (Tax Map #155-2- 3) from HM Heavy Manufacturing to HBD Highway Business District. (Approved on first reading at the June 9, 2025, meeting.) SUBMITTED BY: Maxwell Dillon, Planner SUMMARY OF INFORMATION: SITE CHARACTERISTICS: Zoning: HM Heavy Manufacturing Land Use Plan Designation: Industrial Existing Use: Recreational Fields Proposed Use: Recreational Fields The subject property(151 St. John Road) consists of an approximately 20.678-acre tract of land which currently sits within the HM Heavy Manufacturing zoning designation. Adjacent to Mason Creek and primarily within the FEMA-regulated Floodway, the parcel is not suitable for substantial development of any kind, and as a result, has historically been utilized for recreational fields of various capacities. Currently, the Salem Sabres soccer organization occupies the property with three soccer fields on a regular basis for practices and tournaments. The applicant is requesting a rezoning of the property from HM Heavy Manufacturing to HBD Highway Business District in order to expand the current use, Commercial Outdoor Sports and Recreation, which is not a permitted use in the HM Heavy Manufacturing zoning district. Successfully rezoning the property will allow for the future development of the property, including a designated parking area and potentially future field/training ground expansion. Any site work conducted in the Floodway will be required to comply with FEMA Page 39 of 164 regulations. FISCAL IMPACT: The proposal meets the requirements of Section 206-214.3., site development regulations for the HBD Highway Business District. STAFF RECOMMENDATION: Staff recommends Council consider the ordinance on second reading for this request. ATTACHMENTS: 1. 151 St. John Road rezoning application 2. 151 St. John Road Affadavit 3. Item 5A 6-23-25 May 14 2025 PC Minutes 4. Item 6B 6-09-25 Council meeting owner notification letter - 151 St. John Road 5. Item 5A 6-23-25 Legal Ad 5.22 5.29 6. Item 6B 6-09-25 RezoningOrdinance 151 St. John Road Tax Map 155-2-3 Page 40 of 164 Page 41 of 164 Page 42 of 164 5 PLEASE RESPOND FOR ALL REZONING APPLICATIONS: 1. What is the Future Land Use Designation for the subject property? _______________________________________ 2. Describe in detail the proposed use of the property. _________________________________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ 3. List any sensitive environmental or unique features on the property. Are there any high voltage transmission lines, public utility lines, or others? ________________________________________________________________________________ ____________________________________________________________________________________________________________ 4. Is the subject property located within the Floodplain District?  YES  NO If yes, describe the proposed measures for meeting the standards of the Floodplain Ordinance. ____________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ 5. Is the subject property listed as a historic structure or located within a historic district?  YES  NO If yes, describe the proposed measures for meeting the standards of the Department of Historic Resources. ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ 6. Have you provided a conceptual plan of the proposed development, including general lot configurations and road locations? Are the proposed lot sizes compatible with existing parcel sizes in the area? PLEASE RESPOND FOR COMMERCIAL REZONING APPLICATIONS 1. What provisions will be made to ensure safe and adequate access to the subject property? 2. How will the traffic impact of this development be addressed? 3. Describe why the proposed use is desirable and appropriate for the area. What measure will be taken to assure that the proposed use will not have a negative impact on the surrounding vicinity? 4. What type of signage is proposed for the site? 5. Have architectural/building elevations been submitted with this application? Page 43 of 164 LEGAL DESCRIPTION OF AREA TO BE REZONED CONTAINING CITY OF SALEM TAX ID 155-2-3 (“TRACT 4” AS SHOWN ON PLAT BOOK 11, PAGES 48-50) BEGINNING AT A POINT ON THE SOUTH LINE OF LYNCHBURG TURNPIKE, SAID POINT BEING A COMMON CORNER BETWEEN TAX ID 155-2-3 AND TAX ID 154-1-16; THENCE DEPARTING THE SOUTH LINE OF LYNCHBURG TURNPIKE, THE FOLLOWING COURSES AND DISTANCES: S08°35’03”W 131.62 FEET TO A POINT; THENCE S19°48’03”W 155.00 FEET TO A POINT; THENCE S09°23’03”W 128.00 FEET TO A POINT; THENCE S03°48’29”E 270.22 FEET TO A POINT; THENCE S03°36’03”W 341.10 FEET TO A POINT; THENCE S04°04’03”W 125.30 FEET TO A POINT; THENCE S08°27’03”W 361.07 FEET TO A POINT; THENCE S05°14’03”W 176.88 FEET TO A POINT; THENCE S17°08’41”E 462.99 FEET TO A POINT; THENCE S14°11’32”W 130.60 FEET TO A POINT; THENCE S04°42’28”E 236.50 FEET TO A POINT; THENCE S01°13’32”W 156.00 FEET TO A POINT; THENCE S45°37’40”W 132.40 FEET TO A POINT; THENCE N48°56’13”W 239.01 FEET TO A POINT; THENCE N20°40’38”W 480.17 FEET TO A POINT ON THE EAST LINE OF ST. JOHN ROAD. THENCE FOLLOWING THE EAST LINE OF ST. JOHN ROAD, THE FOLLOWING COURSES AND DISTANCES: N20°40’38”W 141.51 FEET TO A POINT; THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 775.00 FEET, A LENGTH OF 485.58 FEET, AND A CHORD BEARING AND DISTANCE OF N02°43’40”W 477.68 FEET TO A POINT; THENCE N15°13’18”E 99.34 FEET TO A POINT AT THE TERMINUS OF THE EAST LINE OF ST. JOHN ROAD. THENCE DEPARTING THE EAST LINE OF ST. JOHN ROAD THE FOLLOWING COURSES AND DISTANCES: N15°13’18”E 467.14 FEET TO A POINT; THENCE N21°11’10”E 195.63 FEET TO A POINT; THENCE N07°25’16”E 378.94 FEET TO A POINT; THENCE N08°34’16”E 403.89 FEET TO A POINT ON THE SOUTH LINE OF LYNCHBURG TURNPIKE. THENCE FOLLOWING THE SOUTH LINE OF LYNCHBURG TURNPIKE, THE FOLLOWING COURSES AND DISTANCES: S88°05’51”E 164.44 FEET TO A POINT; THENCE N01°54’09”E 12.00 FEET TO A POINT; THENCE S88°05’51”E 78.00 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING. HAVING A TOTAL AREA OF 900,751 SQUARE FEET OR 20.6784 ACRES, MORE OR LESS, SITUATE IN THE CITY OF SALEM, VIRGINIA, THIS DESCRIPTION BEING COMPILED FROM RECORDS. Page 44 of 164 Page 45 of 164 Page 46 of 164 Page 47 of 164 Page 48 of 164 Page 49 of 164 PLANNING COMMISSION MINUTES Wednesday, May 14, 2025, at 7:00 PM Work Session, 6:00 PM, Council Chambers Conference Room, City Hall, 114 North Broad Street, Salem, Virginia 24153 Regular Session, 7:00 PM, City Hall, 114 North Broad Street, Salem, Virginia 24153 IT IS NOTED THAT THE MINUTES FOR THIS MEETING OF THE CITY OF SALEM PLANNING COMMISSION WERE PREPARED WITHOUT THE BENEFIT OF AN AUDIO RECORDING. WORK SESSION 1. Call to Order A work session meeting of the Planning Commission of the City of Salem, Virginia, was held in the Council Chambers Conference Room, City Hall, 114 North Broad Street, at 6:00 p.m., on Wednesday, May 14, 2025, there being present the following members of said Commission, to wit: Denise P. King, Reid Garst, Jackson Beamer, Mark Henrickson, and Nathan Routt, constituting a legal quorum, with Chair King, presiding; together with H. Robert Light, Assistant City Manager and Deputy Executive Secretary, ex officio members of said Commission; Charles E. Van Allman, Jr., Director of Community Development; Mary Ellen Wines, Planning & Zoning Administrator, Maxwell S. Dillon, Planner, and Jim H. Guynn, Jr., City Attorney; and the following business was transacted: Chair Denise King reported that this date, place, and time had been set in order for the Commission to hold a work session. The work session meeting was called to order at 6:02 p.m. 2. Unfinished Business A. Amendment to the Zoning Ordinance A discussion was held regarding the request of Riverland Oaks, LLC, property owner, to rezone the property located at 19 Carey Avenue (T/M# 83-1-11) from RSF Residential Single-Family District to RB Residential Business District with proffered conditions. Page 50 of 164 3. New Business B. Amendment to the Zoning Ordinance A discussion was held regarding the request of Danny R. and Sonja S. Kane, property owners, to rezone the property located at 151 St. John Road (Tax Map #155-2-3) from HM Heavy Manufacturing to HBD Highway Business District C. Comprehensive Plan 2045 – Back to Salem’s Future A discussion was held regarding postponing to a future meeting. The future meeting will be readvertised. 4. Adjournment Chair King adjourned at 6:42 p.m. REGULAR SESSION 1. Call to Order A regular meeting of the Planning Commission of the City of Salem, Virginia, was held in the Council Chambers Conference Room, City Hall, 114 North Broad Street, at 7:00 p.m., on Wednesday, May 14, 2025, there being present the following members of said Commission, to wit: Denise P. King, Reid Garst, Jackson Beamer, Mark Henrickson, and Nathan Routt, constituting a legal quorum, with Chair King, presiding; together with H. Robert Light, Assistant City Manager and Deputy Executive Secretary, ex officio members of said Commission; Charles E. Van Allman, Jr., Director of Community Development; Mary Ellen Wines, Planning & Zoning Administrator, Maxwell S. Dillon, Planner, and Jim H. Guynn, Jr., City Attorney; and the following business was transacted: Chair Denise King reported that this date, place, and time had been set in order for the Commission to hold a public meeting. The meeting was called to order at 7:00 p.m. A. Pledge of Allegiance 2. Consent Agenda A. Minutes Consider acceptance of the minutes from April 16, 2025, work session and regular meeting. Chair King confirmed no corrections were raised and accepted the minutes as presented. Page 51 of 164 Chair King stated, if anyone was in attendance for the Comprehensive Plan, that item had been postponed until a future meeting and it would be readvertised. 3. Unfinished Business A. Amendment to the Zoning Ordinance Hold public hearing and consider the request of Riverland Oaks, LLC, property owner, to rezone the property located at 19 Carey Avenue (T/M# 83-1-11) from RSF Residential Single-Family District to RB Residential Business District with proffered conditions. The petitioner had previously requested to continue this item to the May 14, 2025, meeting. Property legal notice has been given and all adjoining property owners have been notified of said hearing. Chair King opened the public hearing at 7:05 p.m. She invited the petitioner to address the Commission and present their request. She mentioned that they would need to state their name and address for the record. Patrick Snead of 302 Live Oak Court addressed the Commission and thanked them for the continuation of the rezoning request. Mr. Snead stated that the subject property offers unique opportunities in that it contains one lot on Brand Avenue and one lot on Carey Avenue. The Brand Avenue lot is already zoned RB and allows townhomes by right. The Carey Avenue lot is a landlocked site zoned RSF. They want to rezone the Carey Avenue site to RB and combine it with the Brand Avenue lot for development as one property. He emphasized that stormwater management remains their primary concern, and discussions were ongoing with the City of Salem to address this issue. Crystie Combs of 119 Carey Avenue addressed the Commission. She stated that she has lived at this location for 20 years. She reported that when the homes on the east side of Carey Avenue were constructed, water began to pond on her property. She fears the proposed additional development would worsen the problem. Dennis Dessurean of 108 Carey Avenue addressed the Commission and stated his concern was also the stormwater runoff. He stated that water from 220 Brand Avenue flows to 145 Carey Avenue, while 119 Carey Avenue retains water and drains toward the Snead property. Phillip Beland of 312 Carey Avenue addressed the Commission and noted a big problem was with mosquitoes. He stated that his property serves as a stormwater catch basin for Carey Avenue. The City was supposed to treat 220 Brand Avenue with tablets for mosquitoes but that has been inconsistent. He would also prefer only single-family development at this location. Page 52 of 164 Rebecca Horton of 419 Roanoke Boulevard addressed the Commission and stated that she is the owner of 112 Brand Avenue. They thought the flooding appeared to have subsided for a time but returned following the extension of Harrison Avenue. She asked whether the City would provide oversight on the proposed development and what remedies would be available if the stormwater management plan failed. Mr. Beland asked about the Harrison Avenue extension and placing a culvert. Mr. Dessureau asked who would be liable if there was flooding at this location. Charles Van Allman addressed the stormwater issue and stated that a consultant would be brought in to determine the most efficient solution for both the upper and lower ends of Carey Avenue. He stated that this would probably be developed in 2 phases. Chris Burns addressed the Commission and stated his concern was also stormwater management but noted that the proposal would provide a more holistic approach to storm water management, rather than a “piece-meal” solution with separate projects. The Commission recommended approval with two voluntary proffers: 1. Townhouses shall be the only allowable use on the property. 2. The property shall not have vehicular access from Carey Avenue. Chair King noted that she does not think it is appropriate to hold this property owner responsible for a larger-scale water problem and asked if there was anyone else to speak on the matter. Hearing none, she closed the public hearing at 7:30 pm. and asked for a roll call vote: Mr. Routt - Aye Mr. Henrickson - Aye Mr. Beamer - Aye Mr. Garst - Aye Chair King – Aye On the motion made by Mr. Garst and seconded by Mr. Beamer and duly carried, the Commission recommends to the City Council the approval of the rezoning of 19 Carey Avenue from RSF to RB with the two proffered conditions that use will be limited to townhouses only and there will be no vehicular access from Carey Avenue. Chair King explained that the Planning Commission is a research and recommending body to the City Council. This matter has been approved with a 5-0 vote and will now go to City Council. Attendees will need to appear at the City Council meeting when this is on their Agenda. They will be notified of the time and date once it has been placed on their Agenda. For those of the public, everything will appear in the Salem Times Register or the Roanoke Times, as well as the website for the City of Salem. Page 53 of 164 4. New Business A. Amendment to the Zoning Ordinance Hold a public hearing and consider the request of Danny R. and Sonja S. Kane, property owners, to rezone the property located at 151 St. John Road (Tax Map #155-2-3) from HM Heavy Manufacturing to HBD Highway Business District. Property legal notice has been given and all adjoining property owners have been notified of said hearing. Chair King opened the public hearing at 7:46 p.m. She invited the petitioner to address the Commission and present their request. She mentioned that they would need to state their name and address for the record. Chris Burns, representing Salem Sabres soccer club, addressed the Commission and stated that the application was being submitted on behalf of the property owners. He explained the site is currently developed with three soccer fields and is actively used by the Salem Sabres. The purpose of the proposed rezoning is to expand the existing facilities by adding additional parking, more playing fields and a designated training area to support the club’s ongoing operations. Reid Garst asked if the provided concept was preliminary. Mr. Burns confirmed that it was preliminary and explained that the property will continue to be used for the soccer club known as the Salem Sabres. Nathan Routt asked if the property was used for practices, games and tournaments. Mr. Burns confirmed that the property is used for all aspects of the soccer club’s activities, and they currently have 14 teams. Chair King asked about the age of the participants. Mr. Burns stated that the club includes children ranging in age from 3-4 years old to high school-aged youth. Mark Henrickson asked for confirmation that the subject property at 151 St. John Road would be used for the soccer club activities. Mr. Burns confirmed that it would be used for the soccer club. Ted Dyer of 105 St. John Road addressed the Commission and expressed support for the project. He stated he was pleased with both the property owners and Salem Sabres Soccer Club for moving forward with the proposed improvements. Page 54 of 164 Chair King asked if there was anyone else to speak on the matter. Hearing none, she closed the public hearing at 7:48 pm. and requested a roll call vote: Mr. Routt - Aye Mr. Henrickson - Aye Mr. Beamer - Aye Mr. Garst - Aye Chair King - Aye On the motion made by Mr. Routt and seconded by Mr. Henrickson and duly carried, the Commission recommends to the City Council that the rezoning request from HM Heavy Manufacturing to HBD Highway Business District for 151 St. John Road be approved. Chair King explained that the Planning Commission is a research and recommending body to the City Council. This matter has been approved with a 5-0 vote and will now go to City Council. Attendees will need to appear at the City Council meeting when this is on their Agenda. They will be notified of the time and date once it has been placed on their Agenda. For those of the public, everything will appear in the Salem Times Register or the Roanoke Times, as well as the website for the City of Salem. B. Comprehensive Plan 2045 - Back to Salem's Future Hold public hearing and consider adopting resolution of recommendation regarding "Comprehensive Plan 2045" for the City of Salem. The plan addresses housing, redevelopment, open space, city government, transportation & infrastructure, land use, and other information used to outline the City's long-term vision and goals for development and growth. (Amended) (Advertised in the April 24, and May 1, 2025, issues of the Salem Times Register.) NOTE: THIS ITEM WAS POSTPONED TO A FUTURE MEETING AND WILL BE RE- ADVERTISED. 5. Adjournment Chair King asked if there was any additional business for the Planning Commission. There being no further business, Chair King adjourned the meeting. Page 55 of 164 Page 56 of 164 Page 57 of 164 Page 58 of 164 AN ORDINANCE TO AMEND SECTION 106-110, ARTICLE I, CHAPTER 106, OF THE CODE OF THE CITY OF SALEM, VIRGINIA, RELATING TO ZONING AND DIVIDING THE CITY INTO BUILDING DISTRICTS AND ESTABLISHING DISTRICT BOUNDARY LINES ON THE ZONING MAP OF THE CITY OF SALEM, VIRGINIA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that Section 106-110, Article I, Chapter 106 of The Code of the City of Salem, Virginia, relating to building district boundary lines be amended in the following particular and no other, viz: That the following described property in the City of Salem of Danny R. and Sonja S. Kane, property owners, located at 151 St. John Road (Tax Map # 155-2-3) be and the same is hereby changed from HM Heavy Manufacturing District to HBD Highway Business District, and the map referred to shall be changed in this respect and no other, said property being described as follows: CONTAINING CITY OF SALEM TAX ID 155-2-3 (“TRACT 4” AS SHOWN ON PLAT BOOK 11, PAGES 48-50) BEGINNING AT A POINT ON THE SOUTH LINE OF LYNCHBURG TURNPIKE, SAID POINT BEING A COMMON CORNER BETWEEN TAX ID 155-2-3 AND TAX ID 154-1-16; THENCE DEPARTING THE SOUTH LINE OF LYNCHBURG TURNPIKE, THE FOLLOWING COURSES AND DISTANCES: S08°35’03”W 131.62 FEET TO A POINT; THENCE S19°48’03”W 155.00 FEET TO A POINT; THENCE S09°23’03”W 128.00 FEET TO A POINT; THENCE S03°48’29”E 270.22 FEET TO A POINT; THENCE S03°36’03”W 341.10 FEET TO A POINT; THENCE S04°04’03”W 125.30 FEET TO A POINT; THENCE S08°27’03”W 361.07 FEET TO A POINT; THENCE S05°14’03”W 176.88 FEET TO A POINT; THENCE S17°08’41”E 462.99 FEET TO A POINT; THENCE S14°11’32”W 130.60 FEET TO A POINT; THENCE S04°42’28”E 236.50 FEET TO A POINT; THENCE S01°13’32”W 156.00 FEET TO A POINT; THENCE S45°37’40”W 132.40 FEET TO A POINT; THENCE N48°56’13”W 239.01 FEET TO A POINT; THENCE N20°40’38”W 480.17 FEET TO A POINT ON THE EAST LINE OF ST. JOHN ROAD. THENCE FOLLOWING THE EAST LINE OF ST. JOHN ROAD, THE FOLLOWING COURSES AND DISTANCES: N20°40’38”W 141.51 FEET TO A POINT; THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 775.00 FEET, A LENGTH OF 485.58 FEET, AND A CHORD BEARING AND DISTANCE OF N02°43’40”W 477.68 FEET TO A POINT; THENCE N15°13’18”E 99.34 FEET TO A POINT AT THE TERMINUS OF THE EAST LINE OF ST. JOHN ROAD. THENCE DEPARTING THE EAST LINE OF ST. JOHN ROAD THE FOLLOWING COURSES AND DISTANCES: N15°13’18”E 467.14 FEET TO A POINT; THENCE N21°11’10”E 195.63 FEET TO A POINT; THENCE N07°25’16”E 378.94 FEET TO A POINT; THENCE N08°34’16”E 403.89 FEET TO A POINT ON THE SOUTH LINE OF LYNCHBURG TURNPIKE. THENCE FOLLOWING THE SOUTH LINE OF LYNCHBURG TURNPIKE, THE FOLLOWING COURSES AND DISTANCES: S88°05’51”E 164.44 FEET TO A POINT; THENCE N01°54’09”E 12.00 FEET TO A POINT; THENCE S88°05’51”E 78.00 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING. HAVING A TOTAL AREA OF 900,751 SQUARE FEET OR 20.6784 ACRES, MORE OR LESS, SITUATE IN THE CITY OF SALEM, VIRGINIA, THIS DESCRIPTION BEING COMPILED FROM RECORDS. 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. Page 59 of 164 Upon a call for an aye and a nay vote, the same stood as follows: John Saunders - H. Hunter Holliday – Byron Randolph Foley – Anne Marie Green – Renee F. Turk – Passed: Effective: /s/____ _ Mayor ATTEST: H. Robert Light Clerk of Council City of Salem, Virginia Page 60 of 164 Item #: 6.A. AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: June 23, 2025 AGENDA ITEM: TAP Lease Authorize the City Manager to finalize and execute a lease agreement with Total Action for Progress in the Roanoke Valley (TAP) for City property located at 1031 South College Avenue. SUBMITTED BY: Rob Light, Assistant City Manager/Clerk of Council SUMMARY OF INFORMATION: The City has a long-standing lease relationship with TAP at the former Norfolk and Western Salem passenger train station on 1031 South College Avenue. The City leases the facility to TAP for $1 in order to offer a Head Start program in the City that provides an early learning program for children. This preschool is free to families whose household income is below poverty guidelines as established by the U.S. Department of Health and Human Services. The lease agreement will be for a three- year term beginning on July 1, 2025 and ending on June 30, 2028. Either party may terminate the lease at any time upon a six-month written notification to the other. FISCAL IMPACT: STAFF RECOMMENDATION: Staff recommends Council consider authorizing the City Manager to finalize and execute a lease agreement with TAP at 1031 South College Avenue. ATTACHMENTS: 1. Item 6A 6-23-25 TAP - City of Salem LEASE_2025 Draft Page 61 of 164 LEASE THIS LEASE, made and entered into this the _____ day of _____, 2025, by and between CITY OF SALEM, VIRGINIA, a Municipal corporation, hereinafter referred to as "Lessor"; and TOTAL ACTION AGAINST POVERTY IN ROANOKE VALLEY, a Virginia Non-Stock corporation, hereinafter referred to as "Lessee". WITNESSETH THAT, Lessor, in consideration of the premises and the mutual covenants, conditions, and undertakings of the parties hereto, does hereby lease and demise unto the Lessee, and the Lessee does hereby hire and take from Lessor, the following described property, hereinafter called the "Leased Premises", located in the City of Salem, State of Virginia, and more particularly described as the former Norfolk and Western Railway Company's Salem Passenger Station, located adjacent to and just West of College Avenue, in the City of Salem, Virginia, also known as 1031 South College Avenue (the "Leased Premises"). This Lease is made upon the following terms and conditions: 1.TERM: The Lease shall be for a term beginning on July 1, 2025 (“Commencement Date”), and terminating on June 30, 2028 (“Termination Date”). 2.RENT: The fair rental value of the Leased Premises is estimated to be $37,032.00 per annum, which said rent is hereby waived by the Lessor as a contribution to the Lessee. 3.HOLDOVER: If the Lessee does not vacate the Leased Premises upon the expiration date of the Lease, the Lessee shall be a holdover lessee under the same terms and conditions of this Lease with the exception that the rent shall be $800.00 per month. Either party may terminate the holdover term of the Lease by giving the other a one hundred eighty day written notice to terminate. 4.DEFAULT BY LESSEE: Abandonment of the Leased Premises, a breach of any of the covenants or conditions of this Lease continuing for more than ten (10) days after notice thereof from Lessor, insolvency, business failure, appointment of a receiver, assignment for benefit of creditors of all or any part of the property of Lessee, or commencement of any proceedings under any bankruptcy or insolvency law by or against the Lessee, shall be deemed a default under this Lease. Page 62 of 164 2 No failure on the part of the Lessor to enforce any covenant or provision herein, nor the waiver of any right hereunder by Lessor, shall discharge or invalidate such covenant or provision or any other covenant, condition or provisions hereof, or affect the right of Lessor to enforce the same in event of subsequent breach or default. 5.REMEDIES ON DEFAULT BY LESSEE: In the event of default by Lessee, the Lessor shall have the right to declare this Lease terminated, and the Lessor shall have the right to take possession of the Leased Premises. In the event of termination for default, Lessor shall remain liable for all of its obligations under this Lease, and for such loss in damages as Lessor may sustain as a result of Lessee's breach hereof. None of the rights or remedies herein specifically provided shall be deemed or construed as exclusive of any other rights or remedies by law permitted to be exercised by the Lessor for the collection of its rent and in the event of default. 6.BREACH BY LESSOR: If Lessor (a) commits a material breach of this Lease or (b) fails to a substantial extent to comply with any laws with which Lessor must comply and which materially affect Lessee's health and safety, Lessee may give written notice to Lessor identifying the act and omissions constituting Lessor's breach and stating that this Lease will terminate upon a specific date not less than thirty (30) days from the date the Lessor receives the notice, unless Lessor remedies the breach within twenty-one (21) days. If Lessor remedies the breach within that twenty-one (21) day period, this Lease will not be subject to termination by Lessee in that instance. If Lessor's breach is not remediable, or if Lessor has been served with prior written notice which required Lessor to remedy a breach, and Lessor did remedy such breach and then intentionally commits a subsequent breach of like nature as the prior breach, then Lessee may give written notice to Lessor specifying the acts and omissions constituting the breach and stating that this Lease will terminate on a specific cate not less than thirty (30) days after Lessor's receipt of such notice. Lessee will not have rights to terminate his Lease because of conditions caused by the intentional or negligent acts of Lessee or persons on the Leased Premises with Lessee's consent. 7.TERMINATION FOR CONVENIENCE: Either party may terminate this Lease for any reason by giving the other party written notice of termination six months before the Termination Date. 8.ATTORNEY'S FEES: Lessee hereby agrees to pay all costs, expenses, fees and charges incurred by the Lessor in enforcing, by legal action or otherwise, Page 63 of 164 3 any of the provisions, covenants and conditions of this Lease, including reasonable attorney's fees, and the Lessee hereby waives the benefit of any homestead or similar exemption laws with respect to the obligation of this Lease. 9.USE OF LEASED PREMISES: Lessee shall use the Leased Premises for the operation of a daycare center, and the Lessee agrees that the Leased Premises shall not be used for any other purpose without written consent of the Lessor. 10.ASSIGNMENT AND SUBLEASE: This Lease may not be assigned or transferred, and the Leased Premises may not be sublet, either in whole or in part, by Lessee without Lessor's prior written consent. 11.INSURANCE AND INDEMNIFICATION: A.Insurance To Be Maintained By Lessee: The Lessee shall maintain at its expenses, throughout the terms of this Lease, insurance against loss or liability in connection with bodily injury, death, property damage, leasehold improvements and destruction (including, without limitations, to Lessee's furnishing, equipment, supplies and records), occurring within the Leased Premises or arising out of the use thereof by the Lessee or its agents, employees, invitees, visitors and patients, under one or more policies of general public liability insurance having a limit of not less than $1,000,000 combined single limit for injury to or death of any one or more persons during any one occurrence, and for property damage or destruction during any one occurrence. B.Lessor Not Liable For Damages: The Lessor shall not be liable for any damage or injury to the person or property of the Lessee, or of any occupants of the Leased Premises, caused or contributed to directly or indirectly, proximately or remotely, by or from electricity, flood, wind, water, ice, snow, gas, steam or sewage, or for any other damage for any accident or injury to the Lessee or to any occupant of the Leased Premises, resulting from any cause whatsoever, and the Lessee will not hold the Lessor liable in any way, whether such accident occurred in the Leased Premises, or in any part of the building. C.Indemnification: Lessee shall indemnify and save the Lessor harmless from all suits, actions, damages, liability and expenses arising from or out of any occurrence in, upon, at or from the Leased Page 64 of 164 4 Premises, or the occupancy or use by the Lessee of the Leased Premises, and occasioned wholly or in part by any act or omission of the Lessee, its agents, contractors, employees, invitees, licensees or visitors. 12.ADDITIONAL RENT: The Lessee shall pay any taxes and assessments levied against its personal property and the business operation carried on by it as well as the cost of all business licenses and permits necessary for the operation of its business enterprises are required by law. 13.MAINTENANCE: Lessee shall maintain and keep and repair the Leased Premises and will replace any glass, glassware, and other fixtures broken or damaged during the term hereof by the acts of the Lessee, or any employee, agent, servant, invitee or guest of the Lessee, and will return the Leased Premises to the Lessor in as good condition as it was at the commencement of this Lease, reasonable wear and tear accepted, however, the Lessee agrees to repaint the Leased Premises and agrees that the same are in satisfactory condition and repair, that this contract of Lease represents the entire agreement between the parties hereto, and the Lessor has made no representation to the Lessee with respect to the condition, safety or suitability of the Leased Premises. Lessee shall provide satisfactory janitorial care for the cleaning and maintaining of all parts of the building and the unimproved areas of the Leased Premises (including yard maintenance). 14.UTILITIES: The Lessee shall pay for all utilities, including, but not limited to, electricity, gas, water and sewer. 15.ACCESS: The Lessor shall have access to the Leased Premises at all reasonable times during normal business hours (excepting emergencies) for the purpose of examining and inspecting the same, conditioned upon a reasonable notice to the Lessee of the time of such examination and inspection. 16.COVENANT OF TITLE AND QUIET ENJOYMENT: Lessor covenants and warrants that Lessor has full right and lawful authority to enter into this Lease for the term of the same and the Lessor is lawfully seized of the Leased Premises and has good title thereto. During the term of this Lease and so long as Lessee is not in default, Lessee's quiet and peaceable enjoyment of the Leased Premises shall not be disturbed. Page 65 of 164 5 17.DESTRUCTION OF PREMISES: If the Leased Premises shall be partially damaged by fire or other casualty, or if the Leased Premises are totally destroyed or rendered untenantable by fire or other casualty, the rents hereby reserved shall be abated until and if said premises are repaired, rebuilt and put in good and tenantable order. However, Lessor, in its sole discretion, shall determine whether to repair or rebuild the Leased Premises. In the event that Lessor decides not to repair or rebuild Leased Premises, Lessee shall have no further obligation under this Lease. Lessor shall immediately and promptly notify Lessee of its intentions concerning rebuilding the Leased Premises. Should Lessor decide to rebuild, it shall promptly and immediately obtain a building permit and begin rebuilding the Leased Premises. 18.ADDITIONS, ALTERATIONS OR REMODELING: Any additions, alterations, or remodeling are subject to the express written consent of the Lessor. 19.NOTICES: All notices required by an provision of this Lease shall be given in writing by depositing the same in the United States mail with sufficient postage by registered or certified mail addressed to the party to whom notice is to be given at the address given herein or at such other address as may from time to time be given by the parties. Notice shall be deemed to have been made at the time of depositing the letter in the United States Post Office. Addresses of the parties are as follows: Lessor: City Manager City of Salem P.O. Box 869 Salem, VA 24153 Lessee: Total Action Against Poverty 302 2nd Street, SW Roanoke, VA 24011 20.WAIVER: No consent or waiver, express or implied, by the parties to or of any breach of any obligation shall be construed as a consent or waiver to or of any other breach of the same of any other obligation. 21.ENTIRE AGREEMENT: This Lease contains the entire agreement between the parties and no representations heretofore made are a part hereof. Any modifications of this Lease shall be in writing and signed by the parties hereto. Page 66 of 164 6 22.APPLICABLE LAW: This Lease shall be construed according to the laws of the Commonwealth of Virginia. 23.MODIFICATION: This Lease constitutes the entire agreement among the parties. It may not be modified or changed except by written instrument executed by Lessor and Lessee. The invalidity of any particular clause of this Lease by order of Court or decision of any judicial authority having jurisdiction over the same shall not be construed to void or invalidate the Lease in its entirety. WITNESS the following signatures and seals: Lessor: CITY OF SALEM, VIRGINIA By: Its: Lessee: TOTAL ACTION AGAINST POVERTY IN ROANOKE VALLEY By: Its: Page 67 of 164 Item #: 6.B. AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: June 23, 2025 AGENDA ITEM: Lease Amendment with U S General Services Administration Consider authorizing the City Manager to finalize and execute a lease renewal with the United States Government providing office space in a City facility located at 36 East Calhoun Street. SUBMITTED BY: Rob Light, Assistant City Manager/Clerk of Council SUMMARY OF INFORMATION: The City currently has a lease to provide the United States Government with +/- 3028 square feet of office space in a City facility located at 36 East Calhoun Street. The current lease began in 2011 and will expire on June 14, 2026. The City has negotiated a five (5) year extension with a 6% shell rent increase for the renewal period beginning June 15, 2026. The lease renewal rate is comprised of two components: 1. Shell Rent in the amount of $110,748.95/year through the five (5) year term. 2. Operating Rent in the amount of $20,962.28/year for the first year with annual increases for inflation based on the Consumer Price Index. All other terms and conditions within the attached existing lease will remain. FISCAL IMPACT: The City will receive annual total lease revenues of $131,711.23 in the first year of the extension with subsequent yearly increases to the Operating Rent based on the Consumer Price Index. STAFF RECOMMENDATION: Staff Recommends Council consider authorizing the City Manager to finalize and execute this lease amendment. ATTACHMENTS: Page 68 of 164 1. Item 6B 6-23-25 Lease with United States of America 2009 2. Item 6B 6-23-25 LVA09407 - LA#11- Add 5 Year Renewal Page 69 of 164 Page 70 of 164 Page 71 of 164 Page 72 of 164 Page 73 of 164 Page 74 of 164 Page 75 of 164 Page 76 of 164 Page 77 of 164 Page 78 of 164 Page 79 of 164 Page 80 of 164 Page 81 of 164 Page 82 of 164 Page 83 of 164 Page 84 of 164 Page 85 of 164 Page 86 of 164 Page 87 of 164 Page 88 of 164 Page 89 of 164 Page 90 of 164 Page 91 of 164 Page 92 of 164 Page 93 of 164 Page 94 of 164 Page 95 of 164 Page 96 of 164 Page 97 of 164 Page 98 of 164 Page 99 of 164 Page 100 of 164 Page 101 of 164 Page 102 of 164 Page 103 of 164 Page 104 of 164 Page 105 of 164 Page 106 of 164 Page 107 of 164 Page 108 of 164 Page 109 of 164 Page 110 of 164 Page 111 of 164 Page 112 of 164 Page 113 of 164 Page 114 of 164 Page 115 of 164 Page 116 of 164 Page 117 of 164 Page 118 of 164 Page 119 of 164 Page 120 of 164 Page 121 of 164 Page 122 of 164 Page 123 of 164 Page 124 of 164 Page 125 of 164 GENERAL SERVICES ADMINISTRATION PUBLIC BUILDINGS SERVICE LEASE AMENDMENT LEASE AMENDMENT No. 11 TO LEASE NO. GS-03B-LVA09407 ADDRESS OF PREMISES 36 E. Calhoun St. – Police HQ 36 E. Calhoun St Salem, VA 24153 PDN Number: N/A THIS AMENDMENT is made and entered into between: Salem, City of whose address is: 114 N Broad St Salem, VA 24153 US hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WHEREAS, the parties hereto desire to amend the above Lease to incorporate a five (5) year lease renewal option. NOW THEREFORE, these parties for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, covenant and agree that the said Lease is amended, effective upon execution by the Government as follows: A. “This lease may be renewed at the option of the Government, for the following terms and at the following rentals: One (1) – Five (5) year lease renewal at an annual rent of $131,711.23 The annual rent of $131,711.23 breaks down as follows: Shell Rent: $110,748.95 per year Operating Rent: $20,962.28 per year, which includes escalations accrued through 2024, plus future escalations per Paragraph 4.3 of the lease, Operating Costs(Aug 2008)" Provided notice be given in writing to the Lessor at least ninety (30) days before the end of the original lease term or any renewal term; all other terms and conditions of this lease shall remain the same during the renewal term. Said notice shall be computed commencing with the day after the date of mailing.” This Lease Amendment contains one (1) page. All other terms and conditions of the lease shall remain in force and effect. IN WITNESS WHEREOF, the parties subscribed their names as of the below date. FOR THE LESSOR: Signature: FOR THE GOVERNMENT: Signature: Name: Chris Dorsey Title: Name: Title: Elizabeth Mccullough Lease Contracting Officer Entity Name: Date: GSA, Public Buildings Service, North Branch Date: WITNESSED FOR THE LESSOR BY: Signature: Name: Title: Date: Lease Amendment Form 12/12 Page 126 of 164 Item #: 6.C. AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: June 23, 2025 AGENDA ITEM: Lease Agreement with T-Mobile Northeast LLC Consider authorizing the City Manager to finalize and execute a new lease agreement with T-Mobile Northeast, LLC effective upon expiration on February 13, 2027 of the existing lease for cellular equipment on the Kime Lane water tank. SUBMITTED BY: Rob Light, Assistant City Manager/Clerk of Council SUMMARY OF INFORMATION: The City has a lease agreement with T-Mobile Northeast, LLC for cellular equipment on the Kime Lane water tank. This agreement began in 2007 and the final renewal period ends February 13th, 2027. In consultation with the City Attorney, a new lease agreement has been drafted for a five (5) year term commencing on February 14, 2027. Three (3) additional renewal options are included with each requiring approval by the City. The lease rate was reviewed with the City's cellular consultant to ensure a favorable market rate. The lease includes an annual rent escalation of 3.5% for the term of the lease, including renewal periods. FISCAL IMPACT: The monthly rent beginning February 14, 2027 will be $2,984.68 and will increase by 3.5% each year. STAFF RECOMMENDATION: Staff recommends Council consider authorizing the City Manager to finalize and execute a new lease agreement in a form acceptable to the City Attorney with T-Mobile Northeast, LLC effective February 14, 2027 upon expiration of the existing lease. ATTACHMENTS: 1. Item 6C 6-23-25 VA54396A_EXECUTABLE Page 127 of 164 {00548087.DOCX } SITE LEASE AGREEMENT This Site Lease Agreement (hereinafter the “Agreement”) is made and entered into this ___ day of ______________, 2024, by and between the City of Salem, Virginia, a municipal corporation in the Commonwealth of Virginia (hereinafter “City”), and T-Mobile Northeast LLC, a Delaware limited liability company, licensed and registered to conduct business in the Commonwealth of Virginia (hereinafter “Lessee”). City and Lessee may hereinafter be referred to individually as a “Party” or jointly as the “Parties”. WITNESSETH: WHEREAS, the Parties entered into that certain Lease Agreement dated February 14, 2007 (the “Lease”) regarding the lease of certain space be Lessee from City on a portion of City’s property located at 1150 Kime Lane in the City of Salem, Virginia (the “Property”); WHEREAS, the Lease is set to expire on February 13, 2027; and WHEREAS, the Parties wish to enter this Agreement to become effective immediately upon the expiration of the Lease to allow Lessee to continue to locate the Antenna Facilities, as defined therein, on the Property. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein, the Parties agree as follows: 1. Premises and Use. Subject to the terms and conditions of this Agreement and the ordinances of the City, the City hereby leases to Lessee and Lessee hereby receives and accepts from the City, a portion of the the Property described on Exhibit A attached hereto and incorporated by reference, subject to any and all existing easements and a portion of the City’s Kime Lane Water Tank (the “Structure”) as more particularly shown on the attached Exhibit B and incorporated by reference, on which three (3) directional antennas, one (1) MW Dish, connecting cables, and appurtenances (the “Facilities”) may be attached and located, the type and location of each antenna, cable and appurtenance to be reasonably approved by the City together with reasonable easements and access rights, as shown on Exhibit C (collectively, the “Leased Premises”). 2. Term. This Agreement becomes effective upon the expiration of the Lease (the “Effective Date”). The term of this Agreement is five (5) years commencing on the Effective Date (the “Term”). This Agreement may be renewed for up to three (3) additional five (5) year terms upon mutual agreement by the Parties (“Renewal Terms”). Lessee may provide City with notice of its intention to renew at least thirty (30) days prior to the expiration of the Term of the Agreement or any subsequent Renewal Term, but such renewal shall be at the sole discretion of City and must be affirmatively accepted by City. 3. Rent. Starting on the date that is thirty (30) days after the Effective Date and on the first day of every month thereafter, Lessee will pay rent in advance in equal monthly TMO Signatory Level:L07,SL07 NLG-100062Page 128 of 164 Site Name: City of Salem Water Tank Site ID #: VA54396A {00548087.DOCX } 2 | Page installments of Two Thousand Nine Hundred Eighty-Four Dollars and Sixty-Eight Cents ($2,984.68) (the “Rent”). Rent for any partial months will be prorated based upon a thirty (30)-day month. Rent shall be increased on each anniversary of the Effective Date by three and one-half percent (3.5%) over the Rent in effect for the previous year. Rent will be sent to City pursuant to City’s direction. 4. Taxes and Other Charges. In addition to payment of the Rent, as set forth in Section 3 above, Lessee shall timely pay all applicable real estate or leasehold taxes, sales taxes, telecommunications taxes, utilities taxes, or any other taxes or charges directly attributable to this Agreement, the Facilities or the telecommunications services provided by Lessee or that Lessee may be required by law or regulations to collect and pay. Any applicable real estate or leasehold taxes shall be determined by the City’s Real Estate Assessor and City will provide appropriate notice and documentation of such taxes to Lessee if assessor does not provide such notice directly to Lessee. Lessee shall have the right to challenge any tax or assessment and City shall cooperate with Lessee regarding such challenge. 5. Governmental Approval Contingency. (A) Lessee Application. Lessee’s right to use the Leased Premises is contingent upon Lessee obtaining and maintaining all certificates, permits, zoning and other approvals that may be required by any federal, state, or local authority, for Lessee’s use to take place at the Leased Premises (the “Governmental Approvals”). City agrees to reasonably cooperate with Lessee, at no cost to City, in Lessee’s efforts to obtain and maintain such Governmental Approvals, except that City’s agreement to cooperate shall not in any way limit or interfere with the authority or discretion of any regulatory agency, governmental body or authority, affiliated with City, or of any employee, agent, or official of City in the conduct of their responsibility, authority, jurisdiction or decision making with respect to any such Governmental Approval. If Lessee fails to obtain and maintain any such Governmental Approval, either Party may terminate this Agreement immediately and City shall then promptly refund any Rent paid to City prior to said termination. (B) Non-approval; expiration. If any application necessary under subsection 5(A) is rejected, or if any certificate, permit, license, or other Governmental Approval issued to Lessee is canceled, expires, lapses, or is otherwise withdrawn or terminated by a governmental authority, such that Lessee will be unable to continue to use the Leased Premises for Lessee’s intended purpose , Lessee shall have the right to terminate this Agreement upon thirty (30) days written notice to the City. Upon such termination, the Parties shall have no further obligations to each other, except that Lessee shall restore the Leased Premises in accordance with the terms of this Agreement and Lessee shall be entitled to the reimbursement of any Rent prepaid by Lessee. TMO Signatory Level:L07,SL07 NLG-100062Page 129 of 164 Site Name: City of Salem Water Tank Site ID #: VA54396A {00548087.DOCX } 3 | Page 6. Title and Quiet Possession. City represents and warrants to Lessee and further agrees that: (a) it is the owner of the Property; (b) it has rights of pedestrian and vehicular access from the nearest public roadway to the Leased Premises, which Lessee is permitted to use; (c) it has the right to enter into this Agreement; (d) the person signing this Agreement has the authority to sign on behalf of City; and (e) Lessee is entitled to access the Leased Premises at all times and to quiet possession of the Leased Premises throughout the Term and each Renewal Term, so long as Lessee is not in default beyond the expiration of any notice or cure period. 7. Assignment/Subletting. Lessee has the right to sublease (or otherwise transfer or allow the use of) all or any portion of the Leased Premises or assign its rights under this Agreement with written notice of such assignment or sublease to City. 8. Notices. All notices must be in writing and will be deemed to have been delivered upon receipt or refusal to accept delivery and are effective only when deposited in the U.S. mail, certified mail, return receipt requested and postage prepaid or when sent via nationally-recognized courier delivery service. If to City: City of Salem If to Lessee: T-Mobile USA, Inc. c/o City Manager 12920 SE 38th Street P.O. Box 869 Bellevue, Washington 98006 Salem, Virginia 24153 Attn: Lease Administrator Lease Compliance: VA54396A Copy to: City Attorney Guynn Waddell, PC 415 S. College Avenue Salem, Virginia 24153 9. Improvements. Lessee may, at its expense and upon written approval by City, make improvements on and to the Leased Premises as it deems necessary or desirable from time to time for the operation of the Facilities. Any such improvements may only be permitted by City upon Lessee’s submittal to City, at its sole cost, any necessary study or studies by an engineer selected by mutual agreement of the Parties showing that the Structure is able to support the entire structure and Facilities without prejudice to City’s use of the Structure or surrounding property. Upon termination or expiration of this Agreement, Lessee will remove all of the Facilities and return City’s property to a state the same as or better than it was at the commencement of this Agreement, reasonable wear and tear and loss by casualty excepted. 10. Compliance with Laws. City represents and warrants to Lessee that hte Property (including the Leased Premises) and all improvements located thereon, are in substantial compliance with building, life/safety, disability and other laws, codes and regulations of applicable governmental authorities. Lessee will substantially comply with all applicable laws relating to its possession and use of the Leased Premises. TMO Signatory Level:L07,SL07 NLG-100062Page 130 of 164 Site Name: City of Salem Water Tank Site ID #: VA54396A {00548087.DOCX } 4 | Page 11. Interference. Lessee will resolve technical interference problems that the Facilities might cause (a) with other equipment located on the Property as of the date of the Lease or (b) when Lessee desires to add additional Facilities to the Leased Premises, to any equipment that became attached to the Leased Premises between the Effective Date and such future date of additional Facilities installation. Likewise, City will not permit or suffer the installation of any equipment on City’s Property after the Effective Date that: (i) results in technical interference problems with the Facilities or (ii) encroaches onto the Leased Premises. 12. Utilities. City represents to Lessee that all utilities adequate for Lessee’s intended use of the Leased Premises are available at or near the Leased Premises. Lessee will pay for all utilities used by it at the Leased Premises. Lessee will be permitted to install a separate utility meter, and City grants to Lessee and the local utility companies (as appropriate) any easement(s) reasonably required by Lessee or the utility companies in order to provide utility service required by Lessee for its intended use of the Leased Premises throughout the Term and each Renewal Term. City will execute, at no cost to Lessee or the utility companies, any instrument(s) reasonably necessary to evidence such rights. If there is a loss of electrical service at the Leased Premises, Lessee may, at its expense, install and maintain a temporary generator and fuel storage tank at the Leased Premises or on the Property adjacent to the Leased Premises. For purposes of this Agreement, “temporary” shall mean no more than ninety (90) days, unless Lessee obtains written approval from the City. 13. Termination. Except as may otherwise be provided in this Agreement, this Agreement may be terminated by either Party upon sixty (60) days written notice to the other Party as follows: (i) by either Party upon a default of any covenant or term hereof by the other Party, which default is not cured within thirty (30) days of receipt of written notice of the default (without, however, limiting any other rights of the Parties pursuant to any other provisions hereof); (ii) by Lessee, notwithstanding Section 5, if it is unable to obtain or maintain any license, permit or other Governmental Approval necessary for the construction and/or operation of the Facilities; (iii) by City, if City determines that Lessee has failed to comply with applicable ordinances or state or federal law, or any conditions of any of the Governmental Approvals, which is not cured within thirty (30) days of receipt of written notice of default; (iv) by either Party if a court of competent jurisdiction determines that the Structure should be removed or replaced from its current site on Kime Lane in the City of Sale, Virginia; (v) by Lessee, in its sole discretion, if the Leased Premises is or becomes unacceptable for technological reasons under the Lessee’s Facilities’ design or engineering specifications or the communications systems to which the Facilities belong; or (vi) if a structural study from a licensed engineering firm determines that the Structure is structurally unsound, including, but not limited to, consideration of the age of the Structure, damage or destruction of all or part of the Structure due to any cause whatsoever, or any factors relating to the condition of the Leased Premises. All notices shall be writing. Lessee shall be responsible for all Rent, additional consideration and taxes directly attributable to the Facilities under this Agreement for the period of this Agreement prior to said termination date. TMO Signatory Level:L07,SL07 NLG-100062Page 131 of 164 Site Name: City of Salem Water Tank Site ID #: VA54396A {00548087.DOCX } 5 | Page 14. Default. If either Party is in default under this Agreement for a period of thirty (30) days following receipt of written notice form the non-defaulting party, the non- defaulting party may pursue any remedies available to it against the defaulting party at law and in equity, including, but not limited to, the right to terminate this Agreement. If a non-monetary default cannot reasonably be cured within a thirty (30)-day period, this Agreement may not be terminated if the defaulting party commences action to cure the default within the thirty (30)-day period and proceeds with due diligence to fully cure the default. 15. Indemnity. Lessee shall indemnify and agrees to defend City against and hold City harmless from any and all costs (including reasonable attorneys’ fees), damages, claims of liability and losses (collectively “Claims”) resulting from any act or omission of Lessee, including, but not limited to: (i) the acquisition, construction, reconstruction, erection, installation, operation, maintenance, repair or extension of the Facilities; (ii) Lessee’s exercise of any right or privilege granted by or under this Agreement; or (iii) the failure, refusal or neglect of Lessee to perform any duty imposed upon or assumed by Lessee by or under this Agreement. In the event that any suit or proceeding shall be brought against City, either independently or jointly with Lessee on account of anything set forth above, Lessee, upon notice given to it by City, will defend City in any such action or other proceeding, at the cost of Lessee; and in the event of any settlement or final judgment being awarded against City, either independently or jointly with Lessee, then Lessee will pay any such settlement or judgment or will comply with such decree, pay all reasonable costs and expenses of whatsoever nature an hold City, its officers, agents, employees and volunteers harmless therefrom, unless such suit or proceeding arises from City’s actions, negligence or misconduct. This indemnity obligation will survive the expiration or sooner termination of this Agreement. 16. Insurance; Bond. During the Term and all Renewal Terms, Lessee shall, at its sole expense, obtain and maintain during the life of this Agreement insurance and bonds as set forth herein. Specifically, Lessee shall maintain, during the life of this Agreement: (i) Commercial General Liability for claims from loss of life or damage or injury to persons or property arising out of any of the Lessee’s work or activity under or by virtue of this Agreement or arising out of this Agreement, with limits of not less than $1,000,000 per occurrence, and $2,000,000 aggregate including Contractual Liabilityand the indemnification obligation set forth in this Agreement; (iii) Workers’ Compensation covering Lessee’s statutory obligation under the laws of the Commonwealth of Virginia and Employers’ Liability for all its employees engaged in work under this Agreement, with limits of not less than $100,000 bodily injury each occurrence, $500,000 bodily injury by disease, and $100,000 bodily injury by disease for each employee. Commercial General Liability insurance shall waive rights of subrogation against City, its officers, agents, and employees; and (iv) Commercial Automobile Liability with limits of not less than $1,000,000 combined single limit applicable to owned or non-owned vehicles used in the performance of any work under this Agreement. Commercial General Liability and Commercial Automobile Liability policies will include City as an additional insured on such policy and Lessee shall provide the City with a Certificate of Insurance evidencing the required coverage. Lessee shall post and maintain for the life of this Agreement a performance bond in favor of the City in the amount of Twenty-Five Thousand Dollars TMO Signatory Level:L07,SL07 NLG-100062Page 132 of 164 Site Name: City of Salem Water Tank Site ID #: VA54396A {00548087.DOCX } 6 | Page ($25,000.00) which shall be issued by a bonding company approved by the City and authorized to do business in the Commonwealth of Virginia. 17. Maintenance. Lessee will be responsible for repairing and maintaining the Facilities installed by Lessee at the Leased Property in a proper operating and reasonably safe condition; provided, however, if any repair or maintenance is required due to the acts or omissions of City, its agents, contractors or employees, City will promptly reimburse Lessee for the reasonable costs incurred by Lessee to restore the damaged areas to the condition which existed immediately prior thereto. City will maintain and repair all other portions of the Property in a proper operating and reasonably safe condition. Lessee shall be responsible for the removal of the Facilities on the Structure at any time requested by City to allow City to perform maintenance on the Structure. City shall give Lessee at least one hundred eighty (180 ) days prior written notice of when the maintenance will begin. Lessee acknowledges that it understands that City cannot indicate in advance the exact length of any maintenance period and that a maintenance period may be in excess of 120 days. City shall not be responsible for any relocating of the Facilities, including securing a temporary location, obtaining all permits and other required approvals, and protecting and relocating the Facilities during any maintenance period. In the event Lessee wants to install a temporary communications site on the Property for the duration of the maintenance work, Lessee must obtain approval from City for its use and location, which approval will not be unreasonably withheld, conditioned or denied. An approved temporary communications site, also referred to as a cell on wheels or COW, is a portable cell site that consists of a cellular antenna tower and electronic radio transceiver equipment on a truck or trailer. In the event City requests the removal of the Facilities, as provided in this Section, Rent shall abate for the period during which Lessee is unable to use the Leased Premises for the use set forth in Section 1 above. 18. Restoration. Upon termination of this Agreement, Lessee shall have one sixty (60) days from the termination or expiration date to remove the Facilities from the Leased Premises, to repair the Leased Premises to their condition prior to installation, ordinary wear and tear, casualty and Lessee’s structural improvements excepted. If the Facilities are not removed to the reasonable satisfaction of City, upon thirty (30) days prior written notice to Lessee, they shall be deemed abandoned and shall become the property of City and Lessee shall have no further rights thereto or the City shall have the right to remove and store such items and charge Lessee the cost of such removal and/or storage of such items. a) 19. Limitation of Liability.  In no event shall either party be liable for any consequential, special, indirect or punitive damages or causes of loss, whether arising from breach of strict liability, contract, tort or otherwise, and regardless of whether or not such party was advised of, or should have known, the possibility of such damages.  20. Temporary Interruption of Service. If City reasonably determines that continued operation of the Facilities would cause or contribute to an immediate threat to public health and/or safety (except for any issues associated with human exposure to TMO Signatory Level:L07,SL07 NLG-100062Page 133 of 164 Site Name: City of Salem Water Tank Site ID #: VA54396A {00548087.DOCX } 7 | Page radio frequency omissions, which is regulated by the federal government), City may order Lessee, in writing, to discontinue its operation. Lessee shall immediately comply with such an order. Service shall be discontinued only for the period that the immediate threat exists. If City does not give prior written notice to Lessee, City shall notify Lessee as soon as possible after its action and give its reasons for taking the action. City shall not be liable to Lessee or any other party for any interruption in Lessee’s service or interference with Lessee’s operation of the Facilities in the event of such a public health and/or safety threat. If the discontinuance extends for a period greater than three (3) days, either consecutively or cumulatively, within a thirty (30) day period, Lessee shall have the right to terminate this Agreement in accordance with Section 13 above or to agree with City to a prorated reduction of Rent. 21. Environmental Laws. City and Lessee shall comply with all federal, state and local laws in connection with any substances brought onto the Property that are identified by any law, ordinance or regulation as hazardous, toxic or dangerous (collectively, the “Hazardous Substances”). Lessee agrees to be responsible for all losses or damage caused by any Hazardous Substances that it may bring onto the Property and will indemnify City for all such losses or damages. City agrees to be responsible for all losses or damage caused by any Hazardous Substances on or entering the Property, except those brought onto the Property by Lessee, and will indemnify Lessee for all such losses or damages including the cost of any investigation or remediation, or other actions required to comply with applicable law. City represents that it has no knowledge of any Hazardous Substances on the Property. 22. Miscellaneous. (a) This Agreement applies to and binds the heirs, successors, executors, administrators and assigns of the Parties; (b) this Agreement is governed by the laws of the Commonwealth of Virginia; (c) City hereby agrees to execute concurrently with this Agreement and deliver to Lessee a recordable Memorandum of Agreement in the form of Exhibit D, attached, which Lessee may record at its expense; (d) each Party will execute, within twenty (20) days after written request, an estoppel certificate or statement certifying that this Agreement is unmodified and in full force and effect or, if modified, describing such modification(s), and that the other Party is not in default (beyond applicable cure periods), except as specified in the statement. The estoppel certificate may also certify the current Rent amount and whether any Rent has been paid in advance; (e) this Agreement (including the Exhibits) constitutes the entire agreement between the Parties and supersedes all prior written and verbal agreements, representations, promises or understandings between the Parties. Any amendments to this Agreement must be in writing and executed by both Parties; (f) if any provision of this Agreement is invalid or unenforceable with respect to any Party, the remainder of this Agreement or the application of the provisions to persons other than those as to whom it is held invalid or unenforceable, will not be affect and each provisions of this Agreement will be valid and enforceable to the fullest extent permitted by law; (g) each Party has had the opportunity to consult with its own legal counsel in connection with the negotiation of this Agreement; there will be no construction against any Party based on TMO Signatory Level:L07,SL07 NLG-100062Page 134 of 164 Site Name: City of Salem Water Tank Site ID #: VA54396A {00548087.DOCX } 8 | Page any presumption of that Party’s involvement in the drafting of this Agreement; and (h) any legal action taking in connection with this Agreement shall tried in any court of competent jurisdiction in the Commonwealth of Virginia, to the express exclusion of all others. 19. Non-Binding Until Fully Executed. This Agreement is for discussion purposes only and does not constitute a formal offer by either Party. This Agreement is not and will not be binding on either Party until and unless it is fully executed by both Parties. CITY OF SALEM, VIRGINIA T-MOBILE NORTHEAST LLC City Manager Principle Date: Date: TMO Signatory Level:L07,SL07 NLG-100062Page 135 of 164 Site Name: City of Salem Water Tank Site ID #: VA54396A {00548087.DOCX } 9 | Page EXHIBIT A PROPERTY DESCRIPTION BEING New Tract 11A consisting of 51.946 acres, as shown on that certain survey for Roanoke College dated August 14, 1996, prepared by John D. Abbott, PE, CLS, recorded in the Clerk’s Office of the Circuit Court for the City of Salem, Virginia, in Plat Book 6, Page 47. LESS AND EXCEPT that portion conveyed to YMCA of Roanoke Valley Inc., a Virginia non-stock corporation, from City of Salem, Virginia, a municipal corporation, by Deed dated May 31, 2002 and recorded July 1, 2002 in Instrument No. 020002920. LESS AND EXCEPT that portion conveyed to MDG Salem LP, a Texas limited partnership from the City of Sale, Virginia, a municipal corporation, by Deed dated March 7, 2005 and recorded March 8, 2005 in Instrument No. 050000744. LESS AND EXCEPT that portion conveyed to Backbone Investments, LLC, a Virginia limited liability company from the City of Salem, Virginia, a municipal corporation, by Deed dated May 17, 2005 and recorded June 2, 2005 in Instrument No. 050001991. LESS AND EXCEPT that portion conveyed to Branch Development, LLC, a Virginia limited liability company from the City of Salem, Virginia, a municipal corporation, by Deed dated August 30, 2005 and recorded August 31, 2005 in Instrument No. 050003339. LESS AND EXCEPT that portion conveyed to Branch Development, LLC, a Virginia limited liability company from the City of Salem, Virginia, a municipal corporation, by Deed dated November 17, 2005 and recorded November 22, 2005 in Instrument No. 050004641. LESS AND EXCEPT that portion conveyed to Patrick C. Wilkerson from the City of Salem, Virginia, a municipal corporation, by Deed dated August 9, 2006 and recorded August 11, 2006 in Instrument No. 060002968. AND BEING a portion of the same property conveyed to the City of Salem, Virginia, a municipal corporation, from The Trustees of Roanoke College, a Virginia non-stock corporation, by Deed dated September 16, 1996 and recorded September 17, 1996 in Deed Book 254, Page 654. Tax Parcel No. 148-1-2 TMO Signatory Level:L07,SL07 NLG-100062Page 136 of 164 Site Name: City of Salem Water Tank Site ID #: VA54396A {00548087.DOCX } 10 | Page EXHIBIT B LEASED PREMISES TMO Signatory Level:L07,SL07 NLG-100062Page 137 of 164 T- M O B I L E N O R T H E A S T L L C 32 4 M A D I S O N M E W S NO R F O L K , V A 2 3 5 1 0 OF F I C E : ( 7 5 7 ) 4 5 3 - 6 9 0 7 FA X : ( 7 5 7 ) 5 8 9 - 0 9 0 4 NE T W O R K B U I L D I N G + C O N S U L T I N G , L L C . 12 0 E A S T S H O R E D R I V E , S U I T E 3 0 0 GL E N A L L E N , V A 2 3 0 5 9 (8 0 4 ) 5 4 8 - 4 0 7 9 NB + C E N G I N E E R I N G S E R V I C E S , L L C . 12 0 E A S T S H O R E D R I V E , S U I T E 3 0 0 GL E N A L L E N , V A 2 3 0 5 9 (8 0 4 ) 5 4 8 - 4 0 7 9 jd a u g h t r e y @ n b c l l c . c o m AP P L I C A N T : PR O J E C T M A N A G E M E N T F I R M : EN G I N E E R I N G F I R M : TI T L E S H E E T T- 1 LA T I T U D E ( N A D 8 3 ) : LO N G I T U D E ( N A D 8 3 ) : GR O U N D E L E V A T I O N : CO N S T R U C T I O N T Y P E : US E G R O U P : TO W E R O W N E R : TA X A C C O U N T N U M B E R : PA R C E L A R E A : PA R C E L O W N E R : ST R U C T U R E T Y P E : ST R U C T U R E H E I G H T : 3 7 . 2 9 0 8 0 2 6 0 ° -8 0 . 0 3 9 0 5 2 6 0 ° 10 8 5 . 0 0 F E E T ( A M S L ) II B U CI T Y O F S A L E M 11 4 N . B R O A D S T R E E T SA L E M , V A 2 4 1 5 3 PB 1 3 / 4 9 - 5 2 3. 4 8 ± A C R E S CI T Y O F S A L E M 11 4 N . B R O A D S T R E E T SA L E M , V A 2 4 1 5 3 WA T E R T A N K 14 9 . 5 ' PR O J E C T T E A M SI T E I N F O R M A T I O N T- 1 GN - 1 C- 1 C- 2 A- 1 A- 2 A- 3 A- 4 E- 1 G- 1 ST - 1 TI T L E S H E E T GE N E R A L N O T E S CO M P O U N D P L A N EL E V A T I O N AN T E N N A S C H E D U L E AN T E N N A O R I E N T A T I O N P L A N S AN T E N N A S P E C I F I C A T I O N S & D E T A I L S CA B L I N G D E T A I L & R F P L U M B I N G D I A G R A M EL E C T R I C A L D E T A I L S GR O U N D I N G D E T A I L S ST R U C T U R A L D E T A I L S PR O P E R T Y O W N E R SI T E A C Q U I S I T I O N CO N S T R U C T I O N M A N A G E R DA T E ZO N I N G RF E N G I N E E R AP P R O V A L B L O C K DA T E DA T E DA T E DA T E APPROVED APPROVED AS NOTED DISAPPROVED/ REVISE TH E S E D R A W I N G S A R E F O R M A T T E D T O B E S C A L E D A T F U L L S I Z E ( 2 2 " X 3 4 " ) A N D M A Y N O T SC A L E W H E N P R I N T E D A T O T H E R S I Z E S . C O N T R A C T O R S H A L L V E R I F Y A L L P L A N S A N D EX I S T I N G D I M E N S I O N S A N D C O N D I T I O N S O N T H E J O B S I T E A N D S H A L L I M M E D I A T E L Y NO T I F Y T H E D E S I G N E R / E N G I N E E R I N W R I T I N G O F A N Y D I S C R E P A N C I E S B E F O R E PR O C E E D I N G W I T H T H E W O R K O R M A T E R I A L O R D E R S O R B E R E S P O N S I B L E F O R T H E SA M E . C O N T R A C T O R S H A L L U S E B E S T M A N A G E M E N T P R A C T I C E T O P R E V E N T S T O R M WA T E R P O L L U T I O N D U R I N G C O N S T R U C T I O N . DR A W I N G I N D E X DO N O T S C A L E D R A W I N G S VI C I N I T Y M A P CO D E C O M P L I A N C E SC O P E O F W O R K 11 5 0 K I M E L A N E SA L E M , V A 2 4 1 5 3 CI T Y O F S A L E M SI T E N U M B E R : V A 5 4 3 9 6 A SI T E N A M E : C I T Y O F S A L E M W T 8 0 - 2 T- M O B I L E A N C H O R I N S T A L L A T I O N , D E S I G N 6 0 5 A 9 9 8 E O U T D O O R SI T E T- M O B I L E N O R T H E A S T L L C NO T E T O G E N E R A L C O N T R A C T O R : NO W O R K I S T O B E P E R F O R M E D O N T H I S S I T E W I T H O U T RE V I E W O F T H E A P P R O V E D S T R U C T U R A L A N A L Y S I S . I F AN Y D I S C R E P A N C I E S A R E F O U N D , T H E G E N E R A L CO N T R A C T O R S H A L L N O T I F Y T H E E N G I N E E R I N WR I T I N G . A T N O T I M E W I L L A N Y A D D I T I O N A L A N T E N N A S BE I N S T A L L E D W I T H O U T W R I T T E N C O N S E N T F R O M TO W E R / B U I L D I N G E N G I N E E R . PR O J E C T C O N S I S T S O F IN S T A L L I N G M O U N T M O D I F I C A T I O N S , (1 ) M W D I S H A N T E N N A , ( 2 ) M W O D U ' s , ( 1 ) PR O P O S E D 4 " Ø S C H 40 ( 4 - 1 / 2 " O . D . ) X 5 ' L O N G M O U N T P I P E , AN D ( 4 ) P R O P O S E D 1/ 2 " M W C A B L E S T O A N E X I S T I N G W I R E L E S S TE L E C O M M U N I C A T I O N S F A C I L I T Y . T- M O B I L E N O R T H E A S T L L C 32 4 M A D I S O N M E W S NO R F O L K , V A 2 3 5 1 0 OF F I C E : ( 7 5 7 ) 4 5 3 - 6 9 0 7 FA X : ( 7 5 7 ) 5 8 9 - 0 9 0 4 APPLICANTENGINEERING FIRM DESIGN RECORD PROFESSIONAL STAMPSITE INFORMATION SHEET TITLE SHEET NUMBERENGINEER RE V I S I O N S DE S C R I P T I O N DA T E RE V BY LAST PLOTTED: 10/27/2022 11:43 AM NB + C E N G I N E E R I N G S E R V I C E S , L L C . 12 0 E A S T S H O R E D R I V E , S U I T E 3 0 0 GL E N A L L E N , V A 2 3 0 5 9 (8 0 4 ) 5 4 8 - 4 0 7 9 VA 5 4 3 9 6 A CI T Y O F S A L E M W T 8 0 - 2 11 5 0 K I M E L A N E SA L E M , V A 2 4 1 5 3 CI T Y O F S A L E M COM M O N W E A L T H OF VI R G I N I A P R O F E SSIONAL E N G I N E E R Li c . N o 0 4 0 2 0 5 2 1 2 2 JO H N A . D A U G H T R E Y , I I I JO H N A . D A U G H T R E Y , I I I , P . E . VA P R O F E S S I O N A L E N G I N E E R LI C . N o . 0 4 0 2 0 5 2 1 2 2 10 / 2 7 / 2 2 MW A D D JQ G 09 / 2 3 / 2 2 A FI N A L S CC C 10 / 2 7 / 2 2 0 AL L W O R K A N D M A T E R I A L S S H A L L B E P E R F O R M E D A N D I N S T A L L E D I N A C C O R D A N C E W I T H T H E C U R R E N T E D I T I O N S O F TH E F O L L O W I N G C O D E S A S A D O P T E D B Y T H E L O C A L G O V E R N I N G A U T H O R I T I E S . N O T H I N G I N T H E S E P L A N S I S T O B E CO N S T R U E D T O P E R M I T W O R K N O T C O N F O R M I N G T O T H E L A T E S T E D I T I O N S O F T H E F O L L O W I N G C O D E S . · AN S I / T I A - 2 2 2 - H · TI A 6 0 7 · IN S T I T U T E F O R E L E C T R I C A L & E L E C T R O N I C S E N G I N E E R 8 1 · IE E E C 2 N A T I O N A L E L E C T R I C S A F E T Y C O D E L A T E S T E D I T I O N · TE L C O R D I A G R - 1 2 7 5 · AN S I / T 3 1 1 · 20 1 8 V I R G I N I A C O N S T R U C T I O N C O D E · 20 1 8 B U I L D I N G C O D E · 20 1 7 N A T I O N A L E L E C T R I C A L C O D E · 20 1 8 N F P A 1 0 1 , L I F E S A F E T Y C O D E · 20 1 8 I N T E R N A T I O N A L F I R E C O D E ( I F C ) · AM E R I C A N C O N C R E T E I N S T I T U T E · AM E R I C A N I N S T I T U T E O F S T E E L C O N S T R U C T I O N · MA N U A L O F S T E E L C O N S T R U C T I O N 1 5 T H E D I T I O N PR O J E C T C O N S I S T S O F RE M O V I N G ( 3 ) E X I S T I N G A N T E N N A S , AN D ( 3 ) E X I S T I N G R R U s F R O M A N E X I S T I N G W I R E L E S S TE L E C O M M U N I C A T I O N S F A C I L I T Y . TMO Signatory Level:L07,SL07 NLG-100062Page 138 of 164 GE N E R A L NO T E S GN - 1 T- M O B I L E N O R T H E A S T L L C 32 4 M A D I S O N M E W S NO R F O L K , V A 2 3 5 1 0 OF F I C E : ( 7 5 7 ) 4 5 3 - 6 9 0 7 FA X : ( 7 5 7 ) 5 8 9 - 0 9 0 4 APPLICANTENGINEERING FIRM DESIGN RECORD PROFESSIONAL STAMPSITE INFORMATION SHEET TITLE SHEET NUMBERENGINEER RE V I S I O N S DE S C R I P T I O N DA T E RE V BY LAST PLOTTED: 10/27/2022 11:43 AM NB + C E N G I N E E R I N G S E R V I C E S , L L C . 12 0 E A S T S H O R E D R I V E , S U I T E 3 0 0 GL E N A L L E N , V A 2 3 0 5 9 (8 0 4 ) 5 4 8 - 4 0 7 9 VA 5 4 3 9 6 A CI T Y O F S A L E M W T 8 0 - 2 11 5 0 K I M E L A N E SA L E M , V A 2 4 1 5 3 CI T Y O F S A L E M COM M O N W E A L T H OF VI R G I N I A P R O F E SSIONAL E N G I N E E R Li c . N o 0 4 0 2 0 5 2 1 2 2 JO H N A . D A U G H T R E Y , I I I JO H N A . D A U G H T R E Y , I I I , P . E . VA P R O F E S S I O N A L E N G I N E E R LI C . N o . 0 4 0 2 0 5 2 1 2 2 10 / 2 7 / 2 2 MW A D D JQ G 09 / 2 3 / 2 2 A FI N A L S CC C 10 / 2 7 / 2 2 0 TMO Signatory Level:L07,SL07 NLG-100062Page 139 of 164 C- 1 GR A P H I C S C A L E 0 5 2. 5 5 10 20 1 I N C H = 5 F E E T ( 2 2 X 3 4 ) 1 I N C H = 1 0 F E E T ( 1 1 X 1 7 ) GR A P H I C S C A L E SC A L E : 1 " = 5 ' ( 2 2 X 3 4 ) SC A L E : 1 " = 1 0 ' ( 1 1 X 1 7 ) 1 C- 1 CO M P O U N D P L A N Kn o w w h a t ' s be l o w . C a l l be f o r e y o u d i g . R CO M P O U N D PL A N -P C 0ST D U F A EB LL E O R Y O GI! 1- 8 0 0 - 5 5 2 - 7 0 0 1 O RI G V I N I A TS E .CNI,M LL N C E A SY VI R G I N I A L A W R E Q U I R E S TH R E E W O R K I N G D A Y S N O T I C E P R I O R T O AN Y E A R T H M O V I N G A C T I V I T I E S T- M O B I L E N O R T H E A S T L L C 32 4 M A D I S O N M E W S NO R F O L K , V A 2 3 5 1 0 OF F I C E : ( 7 5 7 ) 4 5 3 - 6 9 0 7 FA X : ( 7 5 7 ) 5 8 9 - 0 9 0 4 APPLICANTENGINEERING FIRM DESIGN RECORD PROFESSIONAL STAMPSITE INFORMATION SHEET TITLE SHEET NUMBERENGINEER RE V I S I O N S DE S C R I P T I O N DA T E RE V BY LAST PLOTTED: 10/27/2022 11:43 AM NB + C E N G I N E E R I N G S E R V I C E S , L L C . 12 0 E A S T S H O R E D R I V E , S U I T E 3 0 0 GL E N A L L E N , V A 2 3 0 5 9 (8 0 4 ) 5 4 8 - 4 0 7 9 VA 5 4 3 9 6 A CI T Y O F S A L E M W T 8 0 - 2 11 5 0 K I M E L A N E SA L E M , V A 2 4 1 5 3 CI T Y O F S A L E M COM M O N W E A L T H OF VI R G I N I A P R O F E SSIONAL E N G I N E E R Li c . N o 0 4 0 2 0 5 2 1 2 2 JO H N A . D A U G H T R E Y , I I I JO H N A . D A U G H T R E Y , I I I , P . E . VA P R O F E S S I O N A L E N G I N E E R LI C . N o . 0 4 0 2 0 5 2 1 2 2 10 / 2 7 / 2 2 MW A D D JQ G 09 / 2 3 / 2 2 A FI N A L S CC C 10 / 2 7 / 2 2 0 TMO Signatory Level:L07,SL07 NLG-100062Page 140 of 164 EL E V A T I O N C- 2 GR A P H I C S C A L E 0 10 5 1 0 20 40 1 I N C H = 1 0 F E E T ( 2 2 X 3 4 ) 1 I N C H = 2 0 F E E T ( 1 1 X 1 7 ) GR A P H I C S C A L E SC A L E : 1 " = 1 0 ' ( 2 2 X 3 4 ) SC A L E : 1 " = 2 0 ' ( 1 1 X 1 7 ) 1 C- 2 E L E V A T I O N T- M O B I L E N O R T H E A S T L L C 32 4 M A D I S O N M E W S NO R F O L K , V A 2 3 5 1 0 OF F I C E : ( 7 5 7 ) 4 5 3 - 6 9 0 7 FA X : ( 7 5 7 ) 5 8 9 - 0 9 0 4 APPLICANTENGINEERING FIRM DESIGN RECORD PROFESSIONAL STAMPSITE INFORMATION SHEET TITLE SHEET NUMBERENGINEER RE V I S I O N S DE S C R I P T I O N DA T E RE V BY LAST PLOTTED: 10/27/2022 11:43 AM NB + C E N G I N E E R I N G S E R V I C E S , L L C . 12 0 E A S T S H O R E D R I V E , S U I T E 3 0 0 GL E N A L L E N , V A 2 3 0 5 9 (8 0 4 ) 5 4 8 - 4 0 7 9 VA 5 4 3 9 6 A CI T Y O F S A L E M W T 8 0 - 2 11 5 0 K I M E L A N E SA L E M , V A 2 4 1 5 3 CI T Y O F S A L E M COM M O N W E A L T H OF VI R G I N I A P R O F E SSIONAL E N G I N E E R Li c . N o 0 4 0 2 0 5 2 1 2 2 JO H N A . D A U G H T R E Y , I I I JO H N A . D A U G H T R E Y , I I I , P . E . VA P R O F E S S I O N A L E N G I N E E R LI C . N o . 0 4 0 2 0 5 2 1 2 2 10 / 2 7 / 2 2 MW A D D JQ G 09 / 2 3 / 2 2 A FI N A L S CC C 10 / 2 7 / 2 2 0 TMO Signatory Level:L07,SL07 NLG-100062Page 141 of 164 AN T E N N A MO D E L AZ I M U T H RR U Q U A N T I T Y & M O D E L CA B L E LE N G T H SE C T O R S T A T U S AN T E N N A MA N U F A C T U R E R RA D CE N T E R AN T E N N A S C H E D U L E AN T E N N A DI M E N S I O N S (H x W x D ) EL E C DO W N T I L T ME C H DO W N T I L T TM A / D I P L E X E R QU A N T I T Y & M O D E L CA B L E QU A N T I T Y & T Y P E A1 A2 A3 B1 B2 B3 C1 C2 C3 MW 1 AN T E N N A SC H E D U L E A- 1 NO T T O S C A L E 1 A- 1 A N T E N N A C O N F I G U R A T I O N S C H E D U L E T- M O B I L E N O R T H E A S T L L C 32 4 M A D I S O N M E W S NO R F O L K , V A 2 3 5 1 0 OF F I C E : ( 7 5 7 ) 4 5 3 - 6 9 0 7 FA X : ( 7 5 7 ) 5 8 9 - 0 9 0 4 APPLICANTENGINEERING FIRM DESIGN RECORD PROFESSIONAL STAMPSITE INFORMATION SHEET TITLE SHEET NUMBERENGINEER RE V I S I O N S DE S C R I P T I O N DA T E RE V BY LAST PLOTTED: 10/27/2022 11:43 AM NB + C E N G I N E E R I N G S E R V I C E S , L L C . 12 0 E A S T S H O R E D R I V E , S U I T E 3 0 0 GL E N A L L E N , V A 2 3 0 5 9 (8 0 4 ) 5 4 8 - 4 0 7 9 VA 5 4 3 9 6 A CI T Y O F S A L E M W T 8 0 - 2 11 5 0 K I M E L A N E SA L E M , V A 2 4 1 5 3 CI T Y O F S A L E M COM M O N W E A L T H OF VI R G I N I A P R O F E SSIONAL E N G I N E E R Li c . N o 0 4 0 2 0 5 2 1 2 2 JO H N A . D A U G H T R E Y , I I I JO H N A . D A U G H T R E Y , I I I , P . E . VA P R O F E S S I O N A L E N G I N E E R LI C . N o . 0 4 0 2 0 5 2 1 2 2 10 / 2 7 / 2 2 MW A D D JQ G 09 / 2 3 / 2 2 A FI N A L S CC C 10 / 2 7 / 2 2 0 TMO Signatory Level:L07,SL07 NLG-100062Page 142 of 164 AN T E N N A OR I E N T A T I O N PL A N S A- 2 NO T T O S C A L E 1 A- 2 E X I S T I N G A N T E N N A O R I E N T A T I O N P L A N NO T T O S C A L E 2 A- 2 P R O P O S E D A N T E N N A O R I E N T A T I O N P L A N T- M O B I L E N O R T H E A S T L L C 32 4 M A D I S O N M E W S NO R F O L K , V A 2 3 5 1 0 OF F I C E : ( 7 5 7 ) 4 5 3 - 6 9 0 7 FA X : ( 7 5 7 ) 5 8 9 - 0 9 0 4 APPLICANTENGINEERING FIRM DESIGN RECORD PROFESSIONAL STAMPSITE INFORMATION SHEET TITLE SHEET NUMBERENGINEER RE V I S I O N S DE S C R I P T I O N DA T E RE V BY LAST PLOTTED: 10/27/2022 11:43 AM NB + C E N G I N E E R I N G S E R V I C E S , L L C . 12 0 E A S T S H O R E D R I V E , S U I T E 3 0 0 GL E N A L L E N , V A 2 3 0 5 9 (8 0 4 ) 5 4 8 - 4 0 7 9 VA 5 4 3 9 6 A CI T Y O F S A L E M W T 8 0 - 2 11 5 0 K I M E L A N E SA L E M , V A 2 4 1 5 3 CI T Y O F S A L E M COM M O N W E A L T H OF VI R G I N I A P R O F E SSIONAL E N G I N E E R Li c . N o 0 4 0 2 0 5 2 1 2 2 JO H N A . D A U G H T R E Y , I I I JO H N A . D A U G H T R E Y , I I I , P . E . VA P R O F E S S I O N A L E N G I N E E R LI C . N o . 0 4 0 2 0 5 2 1 2 2 10 / 2 7 / 2 2 MW A D D JQ G 09 / 2 3 / 2 2 A FI N A L S CC C 10 / 2 7 / 2 2 0 TMO Signatory Level:L07,SL07 NLG-100062Page 143 of 164 NO T T O S C A L E 1 A- 3 M W A N T E N N A D E T A I L A N T E N N A M O U N T I N G D E T A I L NT S 2 A- 3 AN T E N N A SP E C I F I C A T I O N S & D E T A I L S A- 3 T- M O B I L E N O R T H E A S T L L C 32 4 M A D I S O N M E W S NO R F O L K , V A 2 3 5 1 0 OF F I C E : ( 7 5 7 ) 4 5 3 - 6 9 0 7 FA X : ( 7 5 7 ) 5 8 9 - 0 9 0 4 APPLICANTENGINEERING FIRM DESIGN RECORD PROFESSIONAL STAMPSITE INFORMATION SHEET TITLE SHEET NUMBERENGINEER RE V I S I O N S DE S C R I P T I O N DA T E RE V BY LAST PLOTTED: 10/27/2022 11:44 AM NB + C E N G I N E E R I N G S E R V I C E S , L L C . 12 0 E A S T S H O R E D R I V E , S U I T E 3 0 0 GL E N A L L E N , V A 2 3 0 5 9 (8 0 4 ) 5 4 8 - 4 0 7 9 VA 5 4 3 9 6 A CI T Y O F S A L E M W T 8 0 - 2 11 5 0 K I M E L A N E SA L E M , V A 2 4 1 5 3 CI T Y O F S A L E M COM M O N W E A L T H OF VI R G I N I A P R O F E SSIONAL E N G I N E E R Li c . N o 0 4 0 2 0 5 2 1 2 2 JO H N A . D A U G H T R E Y , I I I JO H N A . D A U G H T R E Y , I I I , P . E . VA P R O F E S S I O N A L E N G I N E E R LI C . N o . 0 4 0 2 0 5 2 1 2 2 10 / 2 7 / 2 2 MW A D D JQ G 09 / 2 3 / 2 2 A FI N A L S CC C 10 / 2 7 / 2 2 0 TMO Signatory Level:L07,SL07 NLG-100062Page 144 of 164 NO T T O S C A L E 2 A- 4 M L E H Y B R I D C A B L E ( 6 P O W E R / 2 4 F I B E R ) A- 4 CA B L I N G D E T A I L S & R F P L U M B I N G DI A G R A M NO T T O S C A L E 1 A- 4 6 0 5 A 9 9 8 E O U T D O O R A N T E N N A A N D C A B L I N G S C H E M A T I C T- M O B I L E N O R T H E A S T L L C 32 4 M A D I S O N M E W S NO R F O L K , V A 2 3 5 1 0 OF F I C E : ( 7 5 7 ) 4 5 3 - 6 9 0 7 FA X : ( 7 5 7 ) 5 8 9 - 0 9 0 4 APPLICANTENGINEERING FIRM DESIGN RECORD PROFESSIONAL STAMPSITE INFORMATION SHEET TITLE SHEET NUMBERENGINEER RE V I S I O N S DE S C R I P T I O N DA T E RE V BY LAST PLOTTED: 10/27/2022 11:44 AM NB + C E N G I N E E R I N G S E R V I C E S , L L C . 12 0 E A S T S H O R E D R I V E , S U I T E 3 0 0 GL E N A L L E N , V A 2 3 0 5 9 (8 0 4 ) 5 4 8 - 4 0 7 9 VA 5 4 3 9 6 A CI T Y O F S A L E M W T 8 0 - 2 11 5 0 K I M E L A N E SA L E M , V A 2 4 1 5 3 CI T Y O F S A L E M COM M O N W E A L T H OF VI R G I N I A P R O F E SSIONAL E N G I N E E R Li c . N o 0 4 0 2 0 5 2 1 2 2 JO H N A . D A U G H T R E Y , I I I JO H N A . D A U G H T R E Y , I I I , P . E . VA P R O F E S S I O N A L E N G I N E E R LI C . N o . 0 4 0 2 0 5 2 1 2 2 10 / 2 7 / 2 2 MW A D D JQ G 09 / 2 3 / 2 2 A FI N A L S CC C 10 / 2 7 / 2 2 0 TMO Signatory Level:L07,SL07 NLG-100062Page 145 of 164 NO T T O S C A L E 1 E- 1 P O W E R D I A G R A M NO T T O S C A L E 2 E- 1 P A N E L S C H E D U L E NO T T O S C A L E 3 E- 1 2 0 0 A P P C V E R I F I C A T I O N P H O T O EL E C T R I C A L D E T A I L S E- 1 T- M O B I L E N O R T H E A S T L L C 32 4 M A D I S O N M E W S NO R F O L K , V A 2 3 5 1 0 OF F I C E : ( 7 5 7 ) 4 5 3 - 6 9 0 7 FA X : ( 7 5 7 ) 5 8 9 - 0 9 0 4 APPLICANTENGINEERING FIRM DESIGN RECORD PROFESSIONAL STAMPSITE INFORMATION SHEET TITLE SHEET NUMBERENGINEER RE V I S I O N S DE S C R I P T I O N DA T E RE V BY LAST PLOTTED: 10/27/2022 11:44 AM NB + C E N G I N E E R I N G S E R V I C E S , L L C . 12 0 E A S T S H O R E D R I V E , S U I T E 3 0 0 GL E N A L L E N , V A 2 3 0 5 9 (8 0 4 ) 5 4 8 - 4 0 7 9 VA 5 4 3 9 6 A CI T Y O F S A L E M W T 8 0 - 2 11 5 0 K I M E L A N E SA L E M , V A 2 4 1 5 3 CI T Y O F S A L E M COM M O N W E A L T H OF VI R G I N I A P R O F E SSIONAL E N G I N E E R Li c . N o 0 4 0 2 0 5 2 1 2 2 JO H N A . D A U G H T R E Y , I I I JO H N A . D A U G H T R E Y , I I I , P . E . VA P R O F E S S I O N A L E N G I N E E R LI C . N o . 0 4 0 2 0 5 2 1 2 2 10 / 2 7 / 2 2 MW A D D JQ G 09 / 2 3 / 2 2 A FI N A L S CC C 10 / 2 7 / 2 2 0 TMO Signatory Level:L07,SL07 NLG-100062Page 146 of 164 AL P H A & G A M M A NO T T O S C A L E 1 G- 1 A N T E N N A G R O U N D I N G D E T A I L BE T A NO T T O S C A L E 2 G- 1 A N T E N N A G R O U N D I N G D E T A I L NO T T O S C A L E 3 G- 1 G R O U N D I N G C O N N E C T I O N D E T A I L S G R O U N D I N G DE T A I L S G- 1 GR O U N D I N G L E G E N D T- M O B I L E N O R T H E A S T L L C 32 4 M A D I S O N M E W S NO R F O L K , V A 2 3 5 1 0 OF F I C E : ( 7 5 7 ) 4 5 3 - 6 9 0 7 FA X : ( 7 5 7 ) 5 8 9 - 0 9 0 4 APPLICANTENGINEERING FIRM DESIGN RECORD PROFESSIONAL STAMPSITE INFORMATION SHEET TITLE SHEET NUMBERENGINEER RE V I S I O N S DE S C R I P T I O N DA T E RE V BY LAST PLOTTED: 10/27/2022 11:44 AM NB + C E N G I N E E R I N G S E R V I C E S , L L C . 12 0 E A S T S H O R E D R I V E , S U I T E 3 0 0 GL E N A L L E N , V A 2 3 0 5 9 (8 0 4 ) 5 4 8 - 4 0 7 9 VA 5 4 3 9 6 A CI T Y O F S A L E M W T 8 0 - 2 11 5 0 K I M E L A N E SA L E M , V A 2 4 1 5 3 CI T Y O F S A L E M COM M O N W E A L T H OF VI R G I N I A P R O F E SSIONAL E N G I N E E R Li c . N o 0 4 0 2 0 5 2 1 2 2 JO H N A . D A U G H T R E Y , I I I JO H N A . D A U G H T R E Y , I I I , P . E . VA P R O F E S S I O N A L E N G I N E E R LI C . N o . 0 4 0 2 0 5 2 1 2 2 10 / 2 7 / 2 2 MW A D D JQ G 09 / 2 3 / 2 2 A FI N A L S CC C 10 / 2 7 / 2 2 0 TMO Signatory Level:L07,SL07 NLG-100062Page 147 of 164 A N T E N N A M O U N T I N G D E T A I L NT S 2 ST - 1 C O R R A L D E T A I L NT S 1 ST - 1 S I T E P R O 1 # S C X 2 - K C R O S S O V E R P L A T E K I T NT S 4 ST - 1 A N T E N N A M O U N T I N G D E T A I L NT S 3 ST - 1 S I T E P R O 1 # S C X 4 - K C R O S S O V E R P L A T E K I T NT S 5 ST - 1 ST R U C T U R A L DE T A I L S ST - 1 T- M O B I L E N O R T H E A S T L L C 32 4 M A D I S O N M E W S NO R F O L K , V A 2 3 5 1 0 OF F I C E : ( 7 5 7 ) 4 5 3 - 6 9 0 7 FA X : ( 7 5 7 ) 5 8 9 - 0 9 0 4 APPLICANTENGINEERING FIRM DESIGN RECORD PROFESSIONAL STAMPSITE INFORMATION SHEET TITLE SHEET NUMBERENGINEER RE V I S I O N S DE S C R I P T I O N DA T E RE V BY LAST PLOTTED: 10/27/2022 11:44 AM NB + C E N G I N E E R I N G S E R V I C E S , L L C . 12 0 E A S T S H O R E D R I V E , S U I T E 3 0 0 GL E N A L L E N , V A 2 3 0 5 9 (8 0 4 ) 5 4 8 - 4 0 7 9 VA 5 4 3 9 6 A CI T Y O F S A L E M W T 8 0 - 2 11 5 0 K I M E L A N E SA L E M , V A 2 4 1 5 3 CI T Y O F S A L E M COM M O N W E A L T H OF VI R G I N I A P R O F E SSIONAL E N G I N E E R Li c . N o 0 4 0 2 0 5 2 1 2 2 JO H N A . D A U G H T R E Y , I I I JO H N A . D A U G H T R E Y , I I I , P . E . VA P R O F E S S I O N A L E N G I N E E R LI C . N o . 0 4 0 2 0 5 2 1 2 2 10 / 2 7 / 2 2 MW A D D JQ G 09 / 2 3 / 2 2 A FI N A L S CC C 10 / 2 7 / 2 2 0 TMO Signatory Level:L07,SL07 NLG-100062Page 148 of 164 Site Name: City of Salem Water Tank Site ID #: VA54396A {00548087.DOCX } 11 | Page EXHIBIT C LEASED PROPERTY TMO Signatory Level:L07,SL07 NLG-100062Page 149 of 164 Site Name: City of Salem Water Tank Site ID #: VA54396A {00548087.DOCX } 12 | Page EXHIBIT D MEMORANDUM OF AGREEMENT [Form to Follow] TMO Signatory Level:L07,SL07 NLG-100062Page 150 of 164 Site Name: City of Salem Water Tank Site ID #: VA54396A {00548087.DOCX } 13 | Page Prepared by and return to: Mark C. Popovich (VSB # 46414) Guynn Waddell, PC 415 S. College Avenue Salem, Virginia 24153 Tax Map No.: 118-3-1 Consideration: N/A SPACE ABOVE FOR RECORDER’S USE MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is made and entered into on this ___ day of _______________, 20__, by and between the CITY OF SALEM, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantor, hereinafter referred to as “Landlord,” whose address is 114 N. Broad Street, Salem, Virginia 24153, and T-MOBILE NORTHEAST, LLC, a Delaware limited liability company licensed and registered to conduct business in the Commonwealth of Virginia, Grantee, hereinafter referred to as “Tenant,” whose address is 4 Sylvan Way, Parsippany, New Jersey 07054. 1. Landlord and Tenant entered into a certain Site Lease Agreement dated _________________, 20__ (hereinafter the “Agreement”) for the purpose of permitting Tenant to place certain telecommunications equipment upon the water tank, owned by the Landlord located in the City of Salem, Virginia, more commonly known as the Kime Lane Water Tank situated at 104 Corporate Boulevard, Salem, Virginia. All of the foregoing is set forth in the Agreement. 2. The Initial Term will be five (5) years commencing on ________________, 20__, with three (3) additional five (5) year terms. 3. The land being leased to Tenant is described in Exhibit A annexed hereto. 4. This Memorandum of Agreement is not intended to amend or modify and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the Agreement, all of which are hereby ratified and affirmed. In the event of a conflict between the provisions of this Memorandum of Agreement and the provisions of the Agreement, the provisions of the Agreement shall control. The Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject to the provisions of the Agreement. [Signature Pages to Follow] TMO Signatory Level:L07,SL07 NLG-100062Page 151 of 164 Site Name: City of Salem Water Tank Site ID #: VA54396A {00548087.DOCX } 14 | Page IN WITNES WHEREOF, the parties have caused this Memorandum of Agreement to be effective as of the last date written below. LANDLORD: CITY OF SALEM, VIRGINIA By: Printed Name: Its: Date: COMMONWEALTH OF VIRGINIA COUNTY/CITY OF ; TO-WIT I, _______________________, certify that on ______________, 20__, __________________________ [name of representative] personally came before me and acknowledged under oath that he or she: (a) Is the ___________________ [title] of the City of Salem, Virginia, the political subdivision named in the attached instrument; (b) Was authorized to execute this instrument on behalf of the political subdivision; and (c) Executed the instrument as the act of the political subdivision. ___________________________ Notary Public My Commission Expires: TMO Signatory Level:L07,SL07 NLG-100062Page 152 of 164 Item #: 6.D. AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: June 23, 2025 AGENDA ITEM: Appropriation of Funds Request to accept and appropriate donations from Rotary Club of Salem and appropriate funding from the Salem School Division SUBMITTED BY: Rosemarie Jordan, Director of Finance SUMMARY OF INFORMATION: The Salem Parks and Recreation department is purchasing a new scoreboard for Spartan Field. Salem Rotary Club has pledged a donation of $35,000 towards the purchase. In addition, the School Division will contribute $13,000 and $18,511 is available in Salem Red Sox donations. FISCAL IMPACT: Donations allow the City to purchase needed items that are not included in the current budget for Spartan Field. STAFF RECOMMENDATION: City staff requests Council to appropriate $35,000 in donation revenue to the Parks and Recreation Donation account, 10-070-0100-46665. Appropriate $13,000 to the Transfer from Schools revenue account, 10-012-0100-49920. Decrease the Red Sox Donation account, 10-070-7114-58016 by $18,511 and increase the Spartan Field Machinery and Equipment expenditure budget, 10-070-7126-58001 by $66,511. ATTACHMENTS: None Page 153 of 164 Item #: 6.E. AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: June 23, 2025 AGENDA ITEM: Fiscal Agent Agreements Consider approval of the fiscal agent agreements with Court Community Corrections Program and Cardinal Criminal Justice Academy. SUBMITTED BY: Rosemarie Jordan, Director of Finance SUMMARY OF INFORMATION: Attached are contracts for the City to act as fiscal agent for Court Community Corrections Program, Regional Alcohol Safety Action Program Board and Cardinal Criminal Justice Academy. The City of Salem has acted as fiscal agent for these entities for a number of years and has experienced no difficulty in acting in this capacity. FISCAL IMPACT: Each of these agencies reimburses the City for a portion of salaries and fringe benefits for all departments involved in providing services to their agency. Audit fees will be paid directly by the agencies. STAFF RECOMMENDATION: Staff recommends the City Council authorizes the proper City officials to execute these contracts authorizing the City to continue to act as fiscal agent for these agencies for fiscal year 2025-2026. ATTACHMENTS: 1. Fiscal Agent Contract FY26 - Cardinal 2. Fiscal Agent Contract FY26 - VASAP Page 154 of 164 CITY OF SALEM, VIRGINIA FISCAL AGENT CONTRACT FOR CARDINAL CRIMINAL JUSTICE ACADEMY THIS CONTRACT, made and entered into this the 1st day of July 2025 by and between the CITY OF SALEM, VIRGINIA hereinafter referred to as the "City", and the Cardinal Criminal Justice Academy Governing Council, hereinafter referred to as the "Council". WHEREAS, the City has been informed by the Council of the need for promoting a law enforcement/corrections training program in relation to public safety in the Roanoke Valley and surrounding jurisdictions; and WHEREAS, the City has applied for and has been approved as grantee and fiscal agent of various State grants pursuant to the appropriate provisions of the 1950 Code of Virginia, as amended, hereinafter referred to as "Grant" and WHEREAS, the City contracts hereby with the Council to provide for the administration of the Cardinal Criminal Justice Academy as provided by statute and the terms of the prospective grants. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES herein contained; witnesseth: (1) The Council agrees as follows: (a) to accept the responsibility for providing a law enforcement/corrections training program, and other like programs, as provided by Virginia law, to the Roanoke Valley area and surrounding jurisdictions in the manner and to the extent set out in the provisions of the said Grants. Page 155 of 164 (b) to accept sole responsibility for the administration and operation of all law enforcement and corrections training programs through the Cardinal Criminal Justice Academy. (c) that all purchases made with funds from said Grants shall be in compliance with State laws and purchasing regulations of the City. (d) that the Council will abide by all the rules, regulations, guidelines, and general and special conditions of the Grants. (e) to provide information required by the City to the extent that the City will be able to meet its obligations to file accurate and timely financial and narrative reports as may be required by the said Grants, and to furnish a fidelity bond with corporate surety in an amount not less than the full amount of the largest of said Grants during the term of this agreement or the sum of $200,000.00 whichever is greater, to save harmless the City, its officials, agents, or employees, from loss or liability by reason of any determination that the City, its officials, agents, or employees, are liable to the Commonwealth of Virginia for funds received by the City pursuant to the terms of the said Grants, or because of any default, malfeasance in relation to the provisions of this agreement, or the terms, conditions or provisions of the said Grants on the part of the Council, its officers or agents in administering said Grants, said bond to remain in full force and effect until such time as the Commonwealth of Virginia has from time to time approved all disbursements in writing or has in writing or otherwise absolved the City, its officials, agents or employees from responsibility for funds theretofore received pursuant to the said Grants. Page 156 of 164 (f) to make all reports, other than financial, to State agencies, as required by the Grants, and a copy of these reports shall be sent to the City. (g) to reimburse the City of all expenses incurred in its capacity as fiscal agent, to include, but not limited to the cost of personnel, fringe benefits, office supplies, printing, accounting, processing of payroll, postage and technology charges. The Academy will pay the audit fees directly to the firm selected by the City for the annual audit. (2) The City will maintain a separate custodial fund in the accounting system of the City in which will be recorded the financial transaction of the Council. The City will keep all records of the receipts and disbursements of Grants received by the Council. (3) All receipts from the State of Virginia, the Federal Government, and fees collected in each of the participating localities will be deposited in this custodial fund. (4) The Director of the Academy shall have printed pre-numbered receipts on which all fees shall be recorded as collected. These fees shall be deposited daily in the account set up for this purpose, including all gifts, donations, or other funds received. (5) In addition to maintaining a custodial fund, the City shall maintain a complete payroll accounting system for the employees of the Council. Included in the payroll records will be a complete reporting of all deductions from the employees' earnings (Federal withholding, FICA, State withholding, Virginia Retirement System Pension and Life Insurance Plans, Health Insurance, and other applicable deductions). (6) The City's finance department shall maintain adequate records disclosing the details of all receipts and all disbursements. The accounting system shall contain the following minimum requirements: Page 157 of 164 (a) A general ledger showing an up-to-date balance of all accounts, budget appropriations, and unexpended balance. (b) A complete set of journals showing all receipts, disbursements and adjustments. These journals shall clearly identify each transaction. (c) All disbursements shall be by check and approved for payment by the Council, or its Director, and by the Finance Director of the City. (7) Rental of Property, the Council agrees to a monthly rental fee of $1.00 for use of the facility currently in place at 917 Central Avenue for fiscal year 2025-26. The Council may at its option, prepay any of the required installments. The City will provide insurance protecting the Academy from liability and property loss. (8) As payment for services provided by the City as Fiscal Agent, and outlined above, the Council agrees to reimburse the City the sum of $11.50 per month for accounting services and $571.83 per month for technology charges. (9) Employees of the Grant shall be considered employees of the City and as such shall have the same benefits as other City employees. Should any grievance arise between an employee of the Cardinal Criminal Justice Academy and its Director, or the Council, the Council shall act as the personnel board for the City, and its decision as to any grievance shall be final. (10) The parties hereto agree that this contract shall commence on July 1, 2025, and shall end on June 30, 2026, subject to the City's right to declare this contract void if the Council violates any of the provisions of this agreement. Page 158 of 164 Entered this the day and year first hereinabove written. CITY OF SALEM, VIRGINIA By: ________________________________ Mayor – Renee F. Turk CARDINAL CRIMINAL JUSTICE ACADEMY By: ________________________________ Chairman – Chief, Scott Vantrease By: ________________________________ Vice-Chairman – Chief, Angela Greene ATTEST: ____________________ Gary Moore, Director Cardinal Criminal Justice Academy July 1, 2025 Page 159 of 164 Page 1 of 5 CITY OF SALEM, VIRGINIA FISCAL AGENT CONTRACT with the REGIONAL COMMUNITY CRIMINAL JUSTICE BOARD and the REGIONAL ALCOHOL SAFETY ACTION PROGRAM POLICY BOARD THIS CONTRACT, made and entered into this 1st day of July, 2025 by and between the CITY OF SALEM, VIRGINIA, hereinafter referred to as “the City,” and THE REGIONAL COMMUNITY CRIMINAL JUSTICE BOARD and THE REGIONAL ALCOHOL SAFETY ACTION PROGRAM POLICY BOARD, hereinafter collectively referred to as “the Board,” provides as follows: 1. To promote the common good and enhance public safety the governing bodies of the counties and cities that make up the 23rd and 25th Judicial Circuits and Districts of Virginia, acting in accordance with enactments of the General Assembly of Virginia, created the Regional Alcohol Safety Action Program Policy Board and the Regional Community Criminal Justice Board and selected the members of those boards. 2. All necessary governmental units and agencies have authorized the City to serve the Board as its Fiscal Agent and as the Grantee of funds that may be allocated or directed to the Board (or either of its constituent boards) by governmental or private bodies, including but not limited to the Virginia Commission on VASAP and the Virginia Department of Criminal Justice Services, which funds are for convenience hereinafter referred to as “Grant” or “Grants.” 3. The City hereby contracts, covenants, and agrees: a. to serve the Board as its Fiscal Agent and the Grantee of Grants; b. to provide fiscal administration and management for Grants; and c. to do so consistently with all requirements of law and of any particular Grant. 4. The Board hereby contracts, covenants, and agrees: Page 160 of 164 2 a. Consistently with the provisions of Grants, the laws of Virginia, and the directives of the appropriate Executive and Judicial Branch officials, to provide Alcohol Safety Action Programs and Community Corrections Programs provided by the Grants in the area served by the programs. b. To have sole responsibility for the administration and operation of all Policy Board programs. c. That all purchases made with the funds from said Grants will comply with federal and state laws and the City’s purchasing regulations. d. To abide by all the rules, regulations, guidelines, and general and special conditions of any Grant. e. To provide all information that the City needs to file, accurately and timely, any financial and narrative reports that may be required by the any Grant, or by generally accepted accounting practices. f. To furnish a fidelity bond with corporate surety in an amount not less than either (a) the full amount of the largest Grant during the term of this agreement, or (b) $250,000 whichever is greater, which bond will indemnify and to save harmless the City, its officials, agents, and employees, from loss or liability to the Commonwealth of Virginia for funds received by the City pursuant to the terms of a Grant, or because of any default, malfeasance, misfeasance on the part of the Board, or on the part of any officers, agents, or employees of any Alcohol Safety Action Program or Community Criminal Justice Program, said bond to remain in effect until such time as the Commonwealth of Virginia has approved all disbursements in writing or has in writing otherwise absolved the City, its officials, agents and employees from the responsibility for funds received pursuant to any Grant. g. To make all non-financial reports required by any Grant and furnish a copy of all reports to the City. Page 161 of 164 3 h. To reimburse the City for all expenses incurred in its capacity as fiscal agent, to include, but not limited to the cost of personnel, fringe benefits, office supplies, accounting services, printing, processing of payroll, postage and technology charges. The parties agree that, during the term of this contract, the amount of $212.67 will be paid monthly for technology charges and $745.83 will be paid monthly for fiscal agent fees. The Board will pay the audit fees directly to the firm selected by the City for the annual audit. 5. The City’s Director of Finance will serve as Program Administrator and will maintain a separate custodial fund in the City’s accounting system in which will be recorded all financial transactions of the Board. The City will keep complete and accurate records of the receipts and disbursements of Grants received by the Boards. 6. All receipts from the State of Virginia, the federal government, local governments, and all fees collected will be deposited in this custodial fund. 7. The Director of the Program shall have printed receipts on which all fees shall be recorded as collected. These fees, along with all gifts, donations or other funds received, shall be deposited daily in the agency account. 8. The City shall maintain a complete payroll accounting system for employees of the Boards. Included in the payroll records will be a complete reporting of all deductions from the employees’ earnings (federal withholding, FICA, W2(s) and State withholding, Virginia Retirement System Pension and Life Insurance Plans, Health and Dental Plans, and any other deductions). 9. The City shall maintain accurate records showing the details of all receipts and disbursements. The accounting system shall meet at least the following minimum requirements: a. A general ledger showing an up-to-date balance of all accounts, budget appropriations, and an unexpended balance. b. A complete set of journals showing all receipts, disbursements and adjustments. These journals shall clearly identify each transaction. Page 162 of 164 4 c. All disbursements shall be by check and approved for payment by the Board, or their Program Director, and by the Finance Director of the City. 10. Employees of the Board and its Alcohol Safety Action Program, Community Criminal Justice and Pretrial Services program shall be considered employees of the City and as such shall have the same benefits as other City employees. 11. In case any grievance under the City’s grievance system is filed by an employee of Regional Community Criminal Justice Board or the Regional Alcohol Safety Action Program Policy Board, the Board shall act as the Personnel Board for the City, and its decision as to any grievance shall be final. 12. This contract shall commence on July 1, 2025 and shall end on June 30, 2026. To the extent allowed by federal and state law, either party shall have the right to declare this contract void if the other party materially violates any provision of this agreement. Page 163 of 164 5 IN WITNESS WHEREOF, AND WITH INTENT LEGALLY TO BE BOUND, THE PARTIES, BY THEIR AUTHORIZED REPRESENTATIVES, AFFIX THEIR SIGNATURES: CITY OF SALEM, VIRGINIA By: ________________________________________ Renee F. Turk, Mayor By:_________________________________________ Matthew T. Ward Regional Community Criminal Justice Board By: ________________________________________ Trevor Craddock Regional Alcohol Safety Action Program Policy Board ATTEST: _______________________________________ H. Robert Light City Clerk of Council July 1, 2025 ______________________________________ Krystal Hullette, Director July 1, 2025 Page 164 of 164