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7/25/2022 - City Council - Agenda -Regular
City Counci l Meeting AGENDA Monday, July 25, 2022, 6:30 PM Work S es s io n 5:30 P.M. C ouncil C hambers C onference R oom, C ity Hall, 114 North Broad S treet, S alem, Virginia 24153 R egular S ession 6:30 P.M. C ouncil C hambers , C ity Hall, 114 North Broad S treet, S alem, Virginia 24153 WORK SE SSI ON A M E N D E D A G E N D A 1.C all to Order 2.New Business A.Discussion I tems 1) Electricity/Battery Storage 2) Personal Property Tax Refunding 3.Adjournment RE GU L AR SE S SI ON 1.C all to Order 2.Pledge of Allegiance 3.Bid Openings, Awards, Recognitions 4.C onsent Agenda A.Citizen Comments C omments from the public, limited to five minutes, on matters not already having a public hearing component at the same meeting. T he following have signed up to speak at this meeting: 1) J ohn Breen - 142 Bogey Lane - November 2022 Ballot B.Minutes C onsider acceptance of the J uly 11, 2022 Work Session and Regular Meeting Minutes. C .F inancial Reports C onsider acceptance of the Statement of Revenues and Expenditures for the twelve months ending J une 2022. 5.Old Business 6.New Business A.Resolution 1437 in Support of I ndustrial Access Railroad Track F unds for New Millenium C onsider adoption of Resolution 1437 in support of New Millennium receiving Industrial Access Railroad Track Funds through Virginia’s Department of Rail and Public Transportation (VD RPT ) to extend a new rail spurt across Diuguids Ln. B.Resolution 1438 in Support of Smartscale I -81 Bypass C onsider adoption of Resolution 1438 in support of the Interstate 81 By-pass project along Texas Street from Roanoke Boulevard to Electric Road. C .Resolution 1439 in Support of Roanoke County I mprov ement P rojects C onsider adoption of Resolution 1439 in support of Roanoke County pedestrian safety improvement projects at Keagy/Electric Road and along West Main Street. D.P roperty Catalyst Group P erformance Agreement C onsider a request of approval and authorizing the C ity Manager to finalize and execute a Performance Agreement between the C ity of Salem, Property Catalyst Group, Inc., and the Economic Development Authority of the City of Salem. Audit-Finance Committee E.Approv e Execution of Contract and Appropriation of F unds C onsider request to execute contract and appropriate funding for the renovation to J ames I. Moyer Sports Complex. Audit - Finance Committee F.Appropriation of F unds C onsider request to amend the School Grant Fund budget as approved by the School Board on J uly 7, 2022. Audit - Finance Committee G.B oards and Commissions C onsider appointments to various boards and commissions. H.Ordinance to Return P ortion of P ersonal P roperty Taxes on E ligible Vehicles C onsider ordinance on first reading to return a portion of tax year 2022 personal property taxes paid on those vehicles eligible for relief from the C ommonwealth of Virginia's Personal Property Tax Relief Act of 1998 (PPT RA). SUPPLEMEN TA L IT EM 7.Adjournment Item #4B Date: 7/25/2022 City Council Meeting MINUTES Monday, July 11, 2022, 6:30 PM Work Session 5:45 P.M. Council Chambers Conference Room, City Hall, 114 North Broad Street, Salem, Virginia 24153 Regular Session 6:30 P.M. Council Chambers Conference Room, City Hall, 114 North Broad Street, Salem, Virginia 24153 WORK SESSION AMENDED AGENDA 1. Call to Order A work session of the Council of the City of Salem, Virginia, was held in the Council Chambers Conference Room, City Hall, 114 N. Broad Street, Salem, Virginia, on July 11, 2022, at 5:45 p.m., there being present the following members of said Council to wit: Renée Ferris Turk, Mayor; James W. Wallace, III, Vice-Mayor (participated remotely); Council members; Byron Randolph Foley, William D. Jones, and John Saunders; with Renée Ferris Turk, Mayor, presiding; together with James E. Taliaferro, II, City Manager; Rob Light, Assistant City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Chuck Van Allman, Director of Community Development; Mary Ellen Wines, Zoning Administrator; Max Dillon, City Planner; Emily Stubblefield, on behalf of City Attorney, Jim Guynn; Crystal Williams, Assistant to the City Manager; and Laura Lea Harris, Deputy Clerk of Council; and the following business was transacted; Mayor Turk 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 1) School Funding Request Discussion 2) Code Enforcement Update WHEREAS, Mayor Turk noted that The Salem City School Division has requested funding from the City of Salem for compensation purposes. Funds in the amount of $900,000 were set aside during the budget process for the schools until the State budget was finalized and the Item #4B Date: 7/25/2022 Schools were aware if any further funds would be awarded from the State. Funding amount options and the employee categories impacted were discussed by Council. Council also discussed compensation needs within City Staff. It was noted that a Comp. and Class study for City employees is in the beginning stages. WHEREAS, Mary Ellen Wines, Planning and Zoning Administrator, introduced Max Dillon, the new City Planner. She presented some concerns with the enforcement of current City Code in the areas of Nonconforming Signage (Section 66-7); Nuisances (Chapter 94), specifically rimless tires; storage containers (Section 106-406.25); and exterior storage (Section 106-406.27). She shared how City Code currently reads, issues faced by citizens and the City in enforcing Code as it currently reads, and some options for dealing with this situation. Council discussed the options presented and Mr. Taliaferro requested that Council follow-up with this discussion in about a month. 3. Adjournment WHEREAS, there being no further business, Mayor Turk adjourned the meeting at 6:29 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; James W. Wallace, III, Vice-Mayor (remote); Councilmembers: Byron Randolph Foley, William D. Jones, and John Saunders; with Renée Ferris Turk, Mayor, presiding together with James E. Taliaferro, II, City Manager; Rob Light, Assistant City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Chuck Van Allman, Director of Community Development; Mike Stevens, Director of Communications; and Emily Stubblefield, on behalf of City Attorney, Jim Guynn. 2. Pledge of Allegiance Mayor Turk requested that Mr. Light read a request from Vice-Mayor Wallace to participate remotely in this Council meeting. The request Item #4B Date: 7/25/2022 from Vice-Mayor Wallace stated: "In accordance with Section 2.2- 3708.2 1(B) of the Code of the Commonwealth of Vir ginia and the Remote Participation Policy of the City of Salem, I hereby request to participate remotely for a personal matter, specifically that I am out of town." Randy Foley motioned to accept the remote participation of Vice-Mayor Wallace. John Saunders seconded the motion. Ayes: Foley, Jones, Saunders, Turk Abstain: Wallace Mayor Turk stated that we have an amendment for the agenda this evening and that Council would be adding Item #6D to the agenda having to do with School Funding Request discuss ion from the Work Session. 3. Bid Openings, Awards, Recognitions There were none. 4. Consent Agenda A. Citizen Comments Comments from the public, limited to five minutes, on matters not already having a public hearing component for the same meeting. The following have signed up to speak at this meeting: No citizens signed up to speak at this meeting. B. Minutes Consider acceptance of the June 27, 2022, Work Session and Regular Meeting minutes. The minutes were accepted as written. 5. Old Business There was no Old Business this evening. Item #4B Date: 7/25/2022 6. New Business A. Abstract of Votes Receive the Abstract of Votes cast at the Republican Primary Election held on June 21, 2022. The Abstract of Votes was accepted by Council. B. Appropriation of Funds Consider request to accept and appropriate the Rescue Squad Assistance Fund (RSAF) grant. Mr. Foley clarified for the benefit of the public that the amount of $184,613 will be used to pay for half the cost of an ambulance. Mayor Turk noted that she is pleased to be able to apply the grant to purchase another ambulance for the City. John Saunders motioned to accept and appropriate the Rescue Squad Assistance Fund (RSAF) grant. William Jones seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace C. Boards and Commissions Consider appointments to various boards and commissions. Mayor Turk noted that Officer Clingenpeel took a job in another area; therefore, this approval will replace his spot on this Board. Randy Foley motioned to recommend Steve Garber to replace B. Todd Clingenpeel as alternate for the remainder of the term ending December 31, 2022, to the Western Virginia Regional Jail Authority. John Saunders seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace D. School Board Request for Funding Consider request from Salem City School Board for funding - SUPPLEMENTAL ITEM Item #4B Date: 7/25/2022 Mayor Turk noted that Item 6D is the item that was noted as being added to the agenda for this evening earlier in the meeting from a school funding request discussion during the Work Session. Mayor Turk explained for the benefit of the public that Council had received a request from the Salem City Schools several months back that Council consider approving funds in addition to the initial budget for the schools so that the School System would be able to increase the salary of hourly employees to a rate of $12 per hour and to help bring the teachers’ salaries up to remain competitive in the area. Council worked with staff and was able to put $900,000 in contingency. Council asked that the school system wait to see if they would receive any further funds from the State. At this point, no further funds have been received from the State. She continued to explain that Council had considered three options during the Work Session. Option one was to approve $750,000 to the school system. Option 2 was to approve $900,000 to help increase salaries including staff members paid an hourly rate, support staff, and teachers. This does not include administrative staff. The third option that was considered was $1.3 million. This option would place the teachers' starting salary at $48,000, which would be equal to Roanoke City and put Salem as one of the highest in the area. She indicated that Council had discussed these options. Mr. Foley noted that this is also consistent with the promise that Council made at the time that any additional Real Estate taxes that were realized when the Real Estate tax rate was raised would go toward the schools. The amount of $900,000 is consistent with this amount. Mr. Taliaferro clarified that the handshake deal with the schools involved half of the Real Estate tax amount. Randy Foley motioned to authorize City administration to move $900,000 to the Salem City School budget to increase salaries as discussed. John Saunders seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace Item #4B Date: 7/25/2022 7. Adjournment Mayor Turk commented on the success of the Salem Fair and recognized the hard work of all the people involved. The meeting was adjourned at 6:42 p.m. Schedule A Current Year Current Year % of Prior Year Budget Year to Date Budget Year to Date Variance Revenues: Beginning Balance 7-1-21 3,836,648$ -$ 0%-$ - General Property Taxes 40,605,600 43,437,390 107%40,302,701 3,134,690 Other Local Taxes 22,027,515 24,324,457 110%20,944,197 3,380,260 Permits and Licenses 337,800 385,403 114%314,393 71,010 Fines and Forfeitures 61,000 107,699 177%56,041 51,658 Revenue from Use of Money and Property 867,809 655,672 76%472,550 183,122 Charges for Services 3,357,271 3,300,489 98%2,944,079 356,410 Payment in Lieu of Taxes from Electric Fund 3,160,000 3,160,000 100%3,160,000 - Payment in Lieu of Taxes from Water Fund 181,000 176,716 98%178,985 (2,268) Miscellaneous Revenue 381,977 510,952 134%394,637 116,314 Non-Categorical Aid 3,688,907 1,033,822 28%1,112,592 (78,769) Shared Expenses 1,558,777 1,451,374 93%1,319,344 132,030 Categorical Aid 8,218,669 7,614,660 93%26,577,275 (18,962,615) Non-Revenue Receipts 75,913 75,910 100%21,835 54,075 Total Revenues 88,358,886 86,234,545 98%97,798,627 (11,564,083) Expenditures: General Government 7,529,249 6,987,578 93%6,841,044 146,535 Judicial Administration 2,502,247 2,373,463 95%2,293,162 80,301 Public Safety 18,901,281 17,543,426 93%17,423,693 119,733 Public Works 11,830,224 8,854,606 75%14,529,810 (5,675,204) Health and Welfare 5,222,184 4,773,282 91%5,027,547 (254,264) Education 23,971,731 23,971,731 100%22,821,497 1,150,234 Parks, Recreation and Cultural 6,443,329 5,881,443 91%5,369,797 511,646 Community Development 2,867,970 2,467,483 86%2,758,333 (290,850) Non-Departmental 7,854,297 7,663,642 98%7,090,131 573,511 Contingency 1,136,374 - 0%- - Contingency for Economic Dev. Opportunities 100,000 - 0%- - Total Expenditures 88,358,886 80,516,654 91%84,155,013 (3,638,359) Revenues Over/(Under) Expenditures -$ 5,717,891$ 13,643,614$ (7,925,724)$ City of Salem, Virginia General Fund Statement of Revenues and Expenditures For Twelve Months Ending June 30, 2022* *Subject to Final Audit Item #4C Date: 07/25/2022 Schedule B 0 50000 100000 150000 200000 250000 300000 350000 400000 450000 500000 550000 600000 650000 700000 750000 800000 850000 900000 950000 1000000 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June City of Salem Sales Tax Summary For Fiscal Years 2019 -2022 FY2019 FY 2020 FY 2021 FY 2022 Schedule C 50000 100000 150000 200000 250000 300000 350000 400000 450000 500000 550000 600000 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June City of Salem Meals Tax Summary For Fiscal Years 2019 -2022 FY2019 FY2020 FY2021 FY2022 Schedule D 0 25000 50000 75000 100000 125000 150000 175000 200000 225000 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June City of Salem Lodging Tax Summary For Fiscal Years 2019 -2022 FY2019 FY2020 FY 2021 FY2022 City of Salem, Virginia Debt Outstanding For Period Ending June 30, 2022 Schedule E *Subject to Final Audit Balance Principal Balance 7/1/2021 Issuances Payments 6/30/2022 City Debt Outstanding 2011 Union First Market Refunding Bonds 1,170,792$ -$ (399,960)$ 770,832$ 2013 Public Improvement Bonds 1,156,400 - (89,425) 1,066,975 2016B Public Improvement Bonds 717,601 - (136,521) 581,080 2019 Public Improvement Bonds 4,670,000 - (195,000) 4,475,000 2020 Public Improvement Bonds 2,375,000 - (215,000) 2,160,000 2020 Public Improvement Refunding Bonds 5,519,026 - (530,890) 4,988,136 2021 Public Improvement Refunding Bonds 1,555,000 - (30,000) 1,525,000 2022B Public Improvement Bonds - 15,080,000 - 15,080,000 Total City Debt Outstanding 17,163,819 15,080,000 (1,596,796) 30,647,023 School Debt Outstanding 2011 Union First Market Refunding Bonds 2,049,208 - (700,040) 1,349,168 2012A Public Improvement Bonds 5,727,000 - (477,250) 5,249,750 2013 Public Improvement Bonds 3,563,600 - (275,575) 3,288,025 2020 Public Improvement Bonds 23,835,000 - (140,000) 23,695,000 Total School Debt Outstanding 35,174,808 - (1,592,865) 33,581,943 Total Debt Outstanding 52,338,627$ 15,080,000$ (3,189,661)$ 64,228,966$ City of Salem, Virginia Capital Projects Fund Statement of Revenues and Expenditures For Period Ending June 30, 2022 Schedule F *Subject to Final Audit Project Total Available Year To Budget To Date Encumbrances Project Balance Date Fund Balance, July 1, 2021 12,736,529$ Revenues: Federal Grants 11,023,764$ 1,755,662$ -$ 1,755,662$ 9,268,102$ 216,710$ State Grants 8,630,523 907,977 - 907,977 7,722,546 513,332 Proceeds From Debt Issuance 46,420,422 46,420,419 - 46,420,419 3 15,080,000 Interest Income 83,755 83,754 - 83,754 1 35,443 Transfer From General Fund 4,154,488 4,154,487 - 4,154,487 1 1,829,850 Total Revenues 70,312,952 53,322,299 - 53,322,299 16,990,653 17,675,335 Expenditures: Fire Truck 2020 698,200 698,200 - 698,200 - 687,674 Next Generation 911 378,493 160,400 - 160,400 218,093 89,057 Street Department Equipment 2016 522,046 522,046 - 522,046 - 39,046 Colorado St Bridge Replacement 6,450,000 649,520 255,150 904,670 5,545,330 409,585 Apperson Drive Bridge Replacement 3,364,939 467,177 285,547 752,724 2,612,215 149,602 Street Department Equipment 2019 718,342 718,342 - 718,342 - 46,182 VDOT E Main Project UPC 8753 165,885 165,885 - 165,885 - - Street Department Equipment 2020 1,221,293 1,201,137 8,818 1,209,955 11,338 194,814 Hanging Rock Battlefield Phase 2 1,420,310 160,931 6,392 167,323 1,252,987 15,758 Western Roanoke River Greenway 50,000 1,500 - 1,500 48,500 - Elizabeth Campus Greenway 1,104,400 100,000 89,500 189,500 914,900 40,198 Kiwanis Field Lighting Upgrades 644,727 644,727 - 644,727 - 182 Longwood Park Restroom Replacement 148,063 138,464 - 138,464 9,599 133,727 Library Sidewalk Replacement 38,737 38,738 - 38,738 (1) 38,738 Kiwanis Roof/Infrastructure Renovations 417,788 16,810 2,300 19,110 398,678 8,500 Moyer Sports Complex Renovation 15,896,449 841,842 97,746 939,588 14,956,861 836,842 Mason Creek Greenway Phase 3 2,610,310 36,831 432,047 468,878 2,141,432 36,831 Downtown Impr - E Main St/Broad St 864,020 850,129 - 850,129 13,891 5,589 Downtown Impr - E Main St/Broad St-CDBG 250,000 250,000 - 250,000 - - Downtown Impr - CDBG Community Impr 285,000 27,983 - 27,983 257,017 853 Downtown Impr - E Main St/Union St 2,254,140 119,172 - 119,172 2,134,968 60,204 Downtown Impr - E Main St/Market St 3,629,869 107,357 64,927 172,284 3,457,585 43,387 Capital Projects Local Reserve 60,191 - - - 60,191 - Downtown Improvements Reserve 40,350 - - - 40,350 - Transfer to Schools-2020 Bonds 27,000,000 23,107,647 - 23,107,647 3,892,353 5,277,634 2022 Bond Costs 79,400 79,400 - 79,400 - 79,400 Total Expenditures 70,312,952$ 31,104,238$ 1,242,427$ 32,346,665$ 37,966,287$ 8,193,803 Fund Balance, June 30, 2022 22,218,061$ Schedule G *Subject to Final Audit Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Sale of Power 39,501,333$ 39,541,061$ 100%37,643,187$ 1,897,874$ Other Electric Revenue 761,000 623,888 82%714,000 (90,112) CARES Act Utility Funding - - 0%- - ARPA Municipal Utility Funding - 37,718 0%- 37,718 Gain on Sale of Assets - - 0%- - Reserve for Encumbrances 8,829,167 - 0%- - Total Operating Revenues 49,091,500 40,202,666 82%38,357,187 1,845,480 . Operating Expenses Other Power Generation - Operation 80,000 71,003 89%44,212 26,791 Other Power Generation - Maintenance 98,613 82,681 84%29,035 53,646 Purchased Power 20,540,000 20,984,345 102%19,222,760 1,761,586 Transmission - Operation 7,510,500 8,255,911 110%6,820,079 1,435,832 Transmission - Maintenance 14,000 3,219 23%3,533 (313) Distribution - Operations 944,150 1,015,520 108%867,813 147,707 Distribution - Maintenance 1,221,665 1,173,630 96%998,400 175,230 Customer Service 598,409 589,262 98%543,026 46,236 Administration & General - Operation 2,854,285 1,003,005 35%1,751,079 (748,074) Administration & General - Maintenance 189,490 172,106 91%113,159 58,947 Depreciation - 1,363,041 0%1,316,649 46,392 Capital 11,315,429 7,212,347 64%5,552,393 1,659,953 Contingency 564,959 - 0%- - Total Operating Expenses 45,931,500 41,926,070 91%37,262,138 4,663,932 Income (loss) Before Transfers 3,160,000 (1,723,403) 1,095,049 (2,818,452) Transfers (Payment in Lieu of Taxes)(3,160,000) (3,160,000) 0%(3,160,000) - Income (loss)-$ (4,883,403)$ (2,064,951)$ (2,818,452)$ City of Salem, Virginia Electric Fund Statement of Operations For Twelve Months Ending June 30, 2022* Schedule H *Subject to Final Audit Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Services 7,049,799$ 7,281,604$ 103%7,030,083$ 251,520$ Other Revenue 380,000 381,600 100%307,218 74,382 CARES Act Utility Funding - - 0%31,490 (31,490) ARPA Municipal Utility Funding - 8,355 0%- 8,355 Gain On Sale Of Assets 5,207 40,107 770%- 40,107 Reserve for Encumbrances 483,095 - 0%- - Appropriated from Net Position 1,660,000 - 0%- - Total Operating Revenues 9,578,101 7,711,665 81%7,368,792 342,873 . Operating Expenses Salaries of Personnel 810,926 868,394 107%767,930 100,464 Fringe Benefits 375,370 389,892 104%355,632 34,260 Contractual Services 729,688 530,103 73%475,024 55,079 Printing and Binding 1,500 471 31%409 62 Advertising 2,000 1,703 85%195 1,508 Utilities 417,200 391,141 94%385,856 5,285 Communications 5,800 4,325 75%3,995 330 Insurance 29,750 28,174 95%28,070 104 Travel and Training 9,800 7,247 74%2,565 4,682 Miscellaneous 58,834 56,609 96%60,494 (3,885) Materials and Supplies 209,616 172,692 82%101,146 71,546 Depreciation - 854,937 0%856,046 (1,109) Capital 1,151,811 177,746 15%247,720 (69,974) Contingency 230,255 - 0%- - Total Production Expenses 4,032,550 3,483,435 86%3,285,082 198,353 Salaries of Personnel 633,244 502,218 79%515,004 (12,786) Fringe Benefits 301,120 236,364 78%249,721 (13,357) Contractual Services 705,067 664,823 94%623,746 41,078 Communications 4,950 3,815 77%3,328 487 Insurance 24,000 21,780 91%23,437 (1,658) Lease/Rent of Equipment 2,000 1,821 91%1,821 (0) Travel and Training 5,300 3,251 61%1,003 2,248 Miscellaneous 24,834 23,802 96%25,387 (1,586) Miscellaneous Credits (240,000) (249,174) 104%(217,579) (31,595) Materials and Supplies 152,354 143,714 94%(14,518) 158,232 Depreciation - 106,562 0%96,819 9,743 Capital 2,270,662 271,747 12%582,073 (310,326) Interest Obligations 1,481,020 294,125 20%338,435 (44,309) Total Distribution Expenses 5,364,551 2,024,848 38%2,228,677 (203,829) Income (loss) Before Transfers 181,000 2,203,382 1,855,032 348,350 Transfers (Payment in Lieu of taxes)(181,000)(176,716) 98%(178,985) 2,268 Income (loss)-$ 2,026,666$ 1,676,048$ 350,618$ Production Distribution City of Salem, Virginia Water Fund Statement of Operations For Twelve Months Ending June 30, 2022* Schedule I *Subject to Final Audit Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Services 6,756,019$ 6,902,450$ 102%6,753,973$ 148,477$ Other Revenue 149,000 152,450 102%102,862 49,589 CARES Act Utility Funding - - 0%33,530 (33,530) ARPA Municipal Utility Funding - 7,082 0%- 7,082 Reserve for Encumbrances 780,981 - 0%- - Appropriated from Net Position 950,000 - 0%- - Total Operating Revenues 8,636,000 7,061,983 82%6,890,365 171,618 . Operating Expenses Salaries of Personnel 717,508 660,476 92%565,467 95,010 Fringe Benefits 337,897 291,320 86%269,918 21,402 Contractual Services 3,834,740 2,632,517 69%2,748,831 (116,314) Printing and Binding 1,500 194 13%- 194 Advertising 9,500 9,214 97%1,000 8,214 Utilities 4,500 3,505 78%4,093 (588) Communications 14,700 15,916 108%14,448 1,467 Insurance 18,000 11,874 66%11,836 38 Lease/Rent of Equipment 3,000 1,821 61%1,821 0 Travel and Training 9,000 6,150 68%2,115 4,034 Miscellaneous 36,834 32,569 88%36,732 (4,163) Miscellaneous Credits (325,000) (175,924) 54%(141,670) (34,254) Materials and Supplies 111,315 55,401 50%25,409 29,992 Depreciation - 1,370,314 0%1,331,654 38,661 Capital 1,962,409 385,562 20%866,272 (480,710) Interest Obligations 1,631,321 93,304 6%132,946 (39,642) Bond Costs - 34,961 0%- 34,961 Contingency 268,776 - 0%- - Total Operating Expenses 8,636,000 5,429,174 63%5,870,870 (441,696) Income (loss) before Transfers - 1,632,809 1,019,495 613,314 Income (loss)-$ 1,632,809$ 1,019,495$ 613,314$ City of Salem, Virginia Sewer Fund Statement of Operations For Twelve Months Ending June 30, 2022* Schedule J *Subject to Final Audit Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Shows/rentals 302,600$ 378,288$ 125%194,522$ 183,767$ Box office shows 960,000 1,259,795 131%192,306 1,067,489 Catering and concessions 120,000 148,702 124%26,060 122,642 Merchandise and commissions 103,000 234,987 228%47,846 187,142 Static advertising 48,000 41,867 87%26,500 15,367 Miscellaneous income 16,000 15,080 94%39,804 (24,724) Salem Fair 563,000 532,019 94%(3,500) 535,519 Reserve for encumbrances 11,914 - 0%- - Gain on Sale of Assets - - 0%- - Shuttered Venue Operator Grant (SVOG)- 1,268,542 0%- 1,268,542 Total Operating Revenues 2,124,514 3,879,280 183%523,538 3,355,743 Operating Expenses Salaries of personnel 1,064,979 997,154 94%855,712 141,442 Fringe benefits 460,057 384,334 84%376,453 7,881 Maintenance and contractual services 274,968 235,532 86%103,116 132,416 Printing and binding 500 116 23%- 116 Advertising 25,000 23,088 92%22,523 565 Utilities 221,600 291,601 132%194,545 97,056 Communications 13,900 12,407 89%12,735 (328) Insurance 21,000 27,138 129%23,577 3,561 Leases and Rentals 1,000 3,167 317%- 3,167 Travel and training 4,300 4,526 105%199 4,327 Miscellaneous 89,948 85,250 95%76,196 9,054 Show expense 1,040,000 1,255,482 121%182,031 1,073,451 Fair 2020 expense 443,080 521,732 118%6,222 515,511 Tournaments - 643 0%- 643 Materials and supplies 36,846 31,120 84%15,064 16,056 Capital - 4,217 0%160,868 (156,650) Depreciation - 282,675 0%306,534 (23,858) Contingency 86,504 - 0%- - Total Operating Expenses 3,783,682 4,160,181 110%2,335,773 1,824,408 Income (loss) Before Transfers (1,659,168)(280,901) (1,812,235)1,531,335 Transfers 1,659,168 1,659,168 100%1,730,485 (71,317) Income (loss)-$ 1,378,267$ (81,750)$ 1,460,018$ City of Salem, Virginia Salem Civic Center Statement of Operations For Twelve Months Ending June 30, 2022* Schedule K *Subject to Final Audit Operating Revenues: Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Catering 378,080$ 500,272$ 132%129,409$ 370,863$ Concessions 106,756 149,708 140%13,066 136,642 Moyer Concessions 46,363 46,364 100%64,916 (18,553) Salem High Concessions 7,200 1,841 26%1,914 (74) Total Operating Revenues 538,399 698,185 130%209,306 488,878 . Operating Expenses: Salaries of personnel 193,823 192,758 99%137,369 55,388 Fringe benefits 81,405 58,774 72%58,129 645 Contractual services 5,719 6,962 122%6,326 637 Printing and binding 300 1,034 345%21 1,012 Laundry and Cleaning 10,000 - 0%2,547 (2,547) Communications 300 154 51%144 10 Insurance 1,200 1,740 0%1,642 97 Miscellaneous 114,661 139,658 122%36,057 103,601 Materials and supplies 128,542 153,982 120%56,824 97,158 Depreciation - 4,383 0%4,383 - Contingency 6,214 - 0%- - Total Catering Expenses 542,164 559,444 103%303,442 256,002 Salaries of Personnel 41,473 44,404 107%11,415 32,989 Fringe Benefits 11,219 7,694 69%3,047 4,647 Contractual services - 3,784 0%- 3,784 Miscellaneous 33,750 53,799 159%2,915 50,883 Materials and Supplies 25,600 45,194 177%4,405 40,789 Total Concessions Expenses 112,042 154,875 138%21,783 133,092 Salaries of Personnel 18,720 15,944 85%33,509 (17,565) Fringe Benefits 4,922 3,093 63%12,617 (9,524) Contractual services 2,500 2,500 100%2,500 - Miscellaneous 4,400 6,386 145%9,677 (3,291) Materials and Supplies 9,600 10,314 107%19,615 (9,301) Total Moyer Expenses 40,142 38,237 95%77,918 (39,681) Salaries of Personnel 4,155 901 22%1,557 (656) Fringe Benefits 949 108 11%216 (108) Miscellaneous - - 0%(6) 6 Materials and Supplies 1,880 1,196 64%254 942 Total Salem High Expenses 6,984 2,205 32%2,021 184 Income (loss) Before Transfers (162,933)(56,577)(195,858)139,281 Transfers 162,933 - 0%- - Income (loss)-$ (56,577)$ (195,858)$ 139,281$ Moyer Concessions Salem High Concessions City of Salem, Virginia Salem Catering and Concessions Statement of Operations For Twelve Months Ending June 30, 2022* Catering Concessions Schedule L Budget Current Year Year to Date Percent to Date Prior Year Year to Date Variance Beginning Net Position -$ 6,222,030$ 6,331,003$ (108,973)$ Revenue Premiums Paid - City 5,400,000 4,791,645 89% 4,757,130 34,515 Premiums Paid - School 4,410,000 4,125,048 94% 4,012,208 112,840 Premiums Paid - Retirees 910,000 783,344 86% 889,194 (105,850) Dental Premiums Paid 604,300 543,034 90% 554,575 (11,541) Interest Earnings 22,000 19,229 87% 20,863 (1,634) Miscellaneous - 5,826 0% 13,891 (8,065) Total Year to Date Revenues 11,346,300 10,268,126 90% 10,247,861 20,265 Expenses Health Claims 10,237,109 9,570,169 93% 9,247,466 322,703 Dental Claims 604,300 494,347 82% 486,645 7,702 Employee Health Clinic 440,691 346,861 79% 357,255 (10,394) Consulting Services 52,400 75,399 144% 64,389 11,010 Miscellaneous 11,800 3,817 32% 3,675 142 Total Year to Date Expenses 11,346,300 10,490,593 92% 10,159,430 331,163 Ending Net Position -$ 5,999,563$ 6,419,434$ (419,871)$ City of Salem, Virginia Health Insurance Fund Statement of Revenues and Expenses For Eleven Months Ending May 31, 2022 City of Salem, Virginia Schedule of Deposits and Investments For Period Ending June 30, 2022 Schedule M *Subject to Final Audit FV as a Cash Value Net Change Fair Value % of 6/30/2022 in Fair Value 6/30/2022 Portfolio Demand & Time Deposits Concentration Account 149,212,722$ -$ 149,212,722$ 86.2% Payroll Account 10,173 - 10,173 0.0% Revenue Recovery Account 26,213 - 26,213 0.0% Utility Billing Account 18,457 - 18,457 0.0% Box Office Account 1,171,424 - 1,171,424 0.7% Held as Fiscal Agent of: Cardinal Academy 534,475 - 534,475 0.3% Court Community Corrections 1,773,406 - 1,773,406 1.0% Held on Behalf of: Economic Development Authority 389,612 - 389,612 0.2% Total Demand & Time Deposits 153,136,482 - 153,136,482 88.4% Investments Local Government Investment Pool (LGIP) 16,922 - 16,922 0.0% Local Government Investment Pool EM (LGIP EM*) 864,958 20,700 885,658 0.5% VA State Non-Arbitrage Program (SNAP) 19,282,547 - 19,282,547 11.1% Total Investments 20,164,427 20,700 20,185,127 11.6% Total Deposits and Investments 173,300,909$ 20,700$ 173,321,609$ 100.0% * Extended Maturity Item # 6A Date: 7/25/22 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: July 25, 2022 AGENDA ITEM: Consider adoption of Resolution 1437 in support of New Millennium receiving Industrial Access Railroad Track Funds through Virginia’s Department of Rail and Public Transportation (VDRPT) to extend a new rail spurt across Diuguids Ln. SUBMITTED BY: Tommy Miller, Economic Development Director SUMMARY OF INFORMATION: New Millennium is pursuing grant funds to offset costs associated with construction of a new rail spur. The rail spur will start in the City of Salem cross over Diuguids Ln and into New Millennium’s truss plant located in Roanoke County. This will create two separate rail spurs for New Millennium: one for their deck plant and one for their truss plant. The outcome will provide new operational efficiencies and safer working conditions for the company. While also providing less railcar crossings over Diuguids Ln and provide a safer and a more efficient thoroughfare for vehicular traffic. FISCAL IMPACT: No fiscal impact, no local matching grant funds are requested from VDRPT STAFF RECOMMENDATION: Staff recommends council adopt Resolution 1437. IN THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, JULY 25, 2022: RESOLUTION # 1437 A RESOLUTION OF THE COUNCIL OF THE CITY OF SALEM, VIRGINIA AS A RESOLUTION TO SUPPORT THE UTILIZATION OF INDUSTRIAL ACCESS RAILROAD TRACK FUNDS WHEREAS, New Millennium Building Systems has expressed its intent and desire to the City Council of the City of Salem, Virginia to locate its commercial, business, or industrial operations in Salem, Virginia; AND, WHEREAS New Millennium Building Systems and its operation will require rail access; AND, WHEREAS, the Officials of New Millennium Building Systems, have reported to the City of Salem their intent to apply for Industrial Access Railroad Track Funds from the Commonwealth of Virginia’s Department of Rail and Public Transportation in the amount of $450,000; AND, WHEREAS, New Millennium Building Systems has requested that the City Council of the City of Salem provide a Resolution supporting its application for said funds which are administered by the Virginia Department of Rail and Public Transportation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Salem, Virginia hereby endorses and supports the application of New Millennium Building Systems, for $450,000 in Industrial Access Railroad Track Funds; AND, BE IT FURTHER RESOLVED, that the City Council of Salem, Virginia hereby makes known its desire and intent to support the Commonwealth Transportation Board in providing the maximum financial assistance to New Millennium Building Systems, for the purpose of expanding its industrial facility in Salem, Virginia. Upon a call for an aye and a nay vote, the same stood as follows: John E. Saunders – William D. Jones – Byron Randolph Foley – James W. Wallace, III – Renée F. Turk – ADOPTED: ____________________________ Mayor ATTEST: _________________________ H. Robert Light Clerk of Council City of Salem, Virginia D IU G U ID S R O A DV-2541 3 4 9 + 5 4N-2671 3 8 6 3 + 3 9 TO ROANOKETO CHRISTIANBURG NORFOLK SOUTHERN MAINLINE TRUSS PLANT PLANT DECK D I V . O F O & M H B D E R A I L VIRGINIA PASSENGER RAIL AUTHORITY 90' E X IS T IN G F E N C E L IN E NORFOLK SOUTHERN MAINLINE VIRGINIA PASSENGER RAIL AUTHORITY TO CHRISTIANBURG GRADE CROSSING TO BE REMOVED TO BE REMOVED EXISTING CONNECTOR TRACK EXISTING CAPACITY: 15 - 62' CARS 7.5° 12°7.5°12° 12° PER TRACK CAPACITY: 7 - 62' CARS PROPOSED TRACK 1 & TRACK 2 0 + 0 0 B E G I N T R A C K 1 1 3 2 9 + 7 9 P S # 1 0 L H T O D I V . O F O & M 2 + 2 5 D S P D E R A I L IND.RWY MEET AT GRADE (1050') PROPOSED AT-GRADE CROSSING GRADE: 0% MEET NS STANDARDS OVERHEAD CLEARANCES TO TO BE RELAOCATED UTILITY POLE50' E N D E X I S T I N G T R A C K P R O P O S E D E A R T H M O U N D 0+00 BEGIN TRACK 2 7+21 PS #10 RHTO8+89 END TRACK 2 16+07 PS #10 LHTO 15' ROANOKE COUNTY, VIRGINIA IDD-22-047C OFFICE OF THE AVP INDUSTRIAL DEVELOPMENT - ATLANTA, GA. SALEM, VIRGINIA EXISTING BLUE RIDGE V-254 V-2/S-66d (614900B) AEB FEBRUARY 18, 2022 50' 0' 100' 200' 300' PROPOSED TRACK EXPANSION EXHIBIT OR NEW MILLENNIUM DO NOT SCALE THIS DRAWING FOR DIMENSIONS NOT GIVEN DGN SITE No. VS/MAP No. OPERATING DIVISION TITLE LOCATION DATE DRAWING No. MILE POST REV BY DATE DESCRIPTION C B A AEB AEB AEB 5/6/22 4/22/22 3/13/22 CHANGED TRACK NAMES AND ADDED MORE DETAILS CHANGED TRACK ALIGNMENT CHANGED TRACK ALIGNMENT AND TURNOUT LOCATION SOUTHERN'S ENGINEERING AND OPERATING DEPARTMENTS. FINAL DESIGN WILL REQUIRE APPROVALS FROM NORFOLK THIS PLAN IS INTENDED FOR STUDY PURPOSES ONLY. BUT FROM GOOGLE EARTH IMAGES, DATED 6/9/2012, © 2012. THIS DRAWING HAS NOT BEEN PREPARED FROM FIELD DATA, NOTE:RR RIGHT OF WAY LEGEND: PROPOSED TRACKS EXISTING INDUSTRY TRACKS EXISTING CAR SPOTS SITE BOUNDARIES PROPOSED CAR SPOTS EXISTING FENCELINE CONTOUR LIES (2') CONCEPTUAL FOR STUDY PURPOSES ONLY EXISTING NS TRACKS Item # 6B Date: 7/25/2022 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: July 25, 2022 AGENDA ITEM: Consider adoption of Resolution 1438 in support of the Interstate 81 By-pass project along Texas Street from Roanoke Boulevard to Electric Road. SUBMITTED BY: William L. Simpson, Jr., City Engineer SUMMARY OF INFORMATION: As part of an effort to alleviate traffic congestion through our area, the City of Salem, in cooperation with the Virginia Department of Transportation (VDOT), is applying for Smartscale funding for an Interstate 81 bypass corridor along Texas Street. This project would involve widening Texas Street (from Roanoke Boulevard to Electric Road) from the existing two lanes to 5 lanes with sidewalks and bicycle lanes. The project, if approved, would be administered by VDOT. FISCAL IMPACT: There is no fiscal impact to the City of Salem with this resolution. The project, if approved, would be 100% funded through Smartscale money and would be administered entirely by VDOT. STAFF RECOMMENDATION: Staff recommends that the Council approve this resolution of support. IN THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, JULY 25, 2022: RESOLUTION #1438 A RESOLUTION FOR THE COUNCIL OF THE CITY OF SALEM, VIRGINIA AS AN ENDORSEMENT OF INTERSTATE 81 BYPASS PROJECT WHEREAS, the City of Salem is applying for Smartscale funding for the construction of a bypass for Interstate 81 to help alleviate traffic concerns during wrecks on the interstate. WHEREAS, the Interstate 81 Bypass project consists of increasing traffic capacity along Texas Street from Roanoke Boulevard to Electric Road by constructing 5 lanes of road along with sidewalks and bicycle lanes. WHEREAS, this project is the first phase of a multi-phase scope that would increase capacity from Wildwood Road (Exit 137) to Electric Road (Exit 141). WHEREAS, as part of the application process, a resolution of support from the local governing body is required. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Salem hereby grants its support for this project and grant authority for the City Manager to apply for funds and execute project administration agreements, as well as other documents necessary for approved projects. Adopted: Attest: Clerk Mayor In my capacity as the duly appointed Clerk of the City of Salem, I hereby certify that Resolution #1438 which is hereto attached, was adopted at a duly called and constituted meeting of the City of Salem held at Salem City Hall Council Chambers on July 25, 2022. Said meeting was called to order by at with the following members present who remained in attendance throughout and constituted a quorum: Given under my hand this day of . Clerk Item # 6C Date: 7/25/2022 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: July 25, 2022 AGENDA ITEM: Consider adoption of Resolution 1439 in support of Roanoke County pedestrian safety improvement projects at Keagy/Electric Road and along West Main Street. SUBMITTED BY: William L. Simpson, Jr., City Engineer SUMMARY OF INFORMATION: Roanoke County is applying for Smartscale funding to construct pedestrian safety improvement projects at the Keagy/Electric Road intersection and West Main Street between the City of Salem and Technology Drive. The pedestrian improvements at Keagy and Electric include additional crosswalks, ADA ramps, and crossing signals at the intersection into the County. The improvements along West Main Street include the addition of sidewalks on both sides of the street to give pedestrians safe access to walk. FISCAL IMPACT: There is no fiscal impact to the City of Salem with this resolution. STAFF RECOMMENDATION: Staff recommends that the Council approve this resolution of support. IN THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, JULY 25, 2022: RESOLUTION #1439 A RESOLUTION FOR THE COUNCIL OF THE CITY OF SALEM, VIRGINIA AS AN ENDORSEMENT OF ROANOKE COUNTY PEDESTRIAN SAFETY IMPROVEMENT PROJECTS WHEREAS, the County of Roanoke is applying for Smartscale funding for two separate pedestrian safety improvement projects that border with the City of Salem, located at the intersection of Keagy Road and Electric Road, and along West Main Street. WHEREAS, the improvements proposed at the intersection of Keagy and Electric Roads consist of added crosswalks, ADA ramps, and pedestrian crossing signals. WHEREAS, the improvements proposed along West Main Street consist of adding sidewalks to both sides of the street between the City of Salem and Technology Drive. WHEREAS, as part of the application process, a resolution of support from the local governing body is required. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Salem hereby grants its support for these projects. Adopted: Attest: Clerk Mayor In my capacity as the duly appointed Clerk of the City of Salem, I hereby certify that Resolution #1438 which is hereto attached, was adopted at a duly called and constituted meeting of the City of Salem held at Salem City Hall Council Chambers on July 25, 2022. Said meeting was called to order by at with the following members present who remained in attendance throughout and constituted a quorum: Given under my hand this day of . Clerk Item # 6D Date: 7/25/2022 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: July 25, 2022 AGENDA ITEM: Consider a request of approval and authorizing the City Manager to finalize and execute a Performance Agreement between the City of Salem, Property Catalyst Group, Inc., and the Economic Development Authority of the City of Salem. SUBMITTED BY: Jay Taliaferro, City Manager SUMMARY OF INFORMATION: Property Catalyst Group is evaluating investment in development of neglected real estate in East Salem at the intersection of Main Street & Electric Road. The Salem EDA has elected to provide inducements to Property Catalyst Group in support as the project moves forward. STAFF RECOMMENDATION: Staff recommends Council authorize the City Manager execute the Performance Agreement. {00473554.DOCX } 1 PERFORMANCE AGREEMENT THIS PERFORMANCE AGREEMENT (“Agreement”) is made as of the ___ day of July, 2022, by and among the CITY OF SALEM, VIRGINIA, a municipal corporation of the Commonwealth of Virginia (the “City”), PROPERTY CATALYST GROUP, INC., a Virginia corporation (the “Company”), and the ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF SALEM, VIRGINIA, a body politic and corporate and a political subdivision of the Commonwealth of Virginia pursuant to the Industrial Development and Revenue Bond Act (the “Act”). Recitals WHEREAS, the Company is the owner of that certain parcel of real property and improvements thereon situate within the corporate boundaries of the City at 1637 East Main Street, Salem, Virginia 24153 (the “Property”) and further identified as City Tax Map Parcels 77-3-12, -13, -14, -15, and -16; and WHEREAS, the Company seeks to redevelop the Property as a self-storage facility, including substantial work to and reconfiguration and landscaping of the Property (the “Project”); and WHEREAS, pursuant to the Act and to Section 15.2-953 of the Code of Virginia, 1950, as amended, the City and the Authority expressly find that: 1. The Project will promote economic development in the City; and 2. The Project will produce additional tax revenues, services, and benefits to the City; and 3. The Project will stimulate economic activity and create jobs for the citizens of the City. And that these considerations are the primary or animating purposes for the grants contemplated herein. WHEREAS, the City, the Authority, and the Company wish to reduce certain understandings in relation to the Project to writing. Witnesseth NOW THEREFORE, in consideration of the above recitals, which are expressly incorporated herein and made a part hereof, and the mutual promises and undertakings contained herein, the receipt and sufficiency of which are hereby acknowledged, the Parties mutually covenant and agree as follows: 1. Incentive Grant. The Authority agrees to make a grant to the Company, in an amount equal to 30% of the Tax Increment Basis, as hereinafter defined, but not to exceed $30,000 in any tax year. This grant shall continue for three years, beginning with tax year 2022. A. Mechanics of Grant. Not later than February 1 of any year, the Company shall provide to the Authority a calculation of the Tax Increment Basis for the previous tax year based upon the calculation methodology set forth in this Agreement. Along with the calculation, the Company shall also provide information documenting its payment of all taxes due the City. {00473554.DOCX } 2 Within 30 days after receipt of the notice and upon confirmation by the City Treasurer that the Company is current on all taxes due and payable to the City and that all other criteria hereof are met, the City agrees that it will appropriate and make available to the Authority funds in the amount of the Tax Increment Basis, if any, due for that year, but not to exceed $30,000. The Authority will disburse the appropriated funds to the Company within 30 days of receipt of such funds from the City. 2. Conditions of Grant. In order to receive the grant provided for in this Agreement for any given year, the Company must: a. Be current on all City taxes and shared state taxes (e.g., sales tax). b. Have been “open for business” for not fewer than 50 weeks out of the previous 12 months (excluding 202__). c. Not have made a Substantial Change in Use of the Property following the Project. 3. Access to Information. The City or the Authority may, but need not, request to review and copy all submissions to the City Treasurer or Commissioner of the Revenue for the purpose of confirming tax assessments and other information. For the purposes of verifying the accuracy of reports, and for no other purpose, the Company hereby waives its protections under Section 58.1-3 of the Code of Virginia, 1950, as amended, and authorizes the City Treasurer or Commissioner of the Revenue to provide verification to the City and the Authority from their records; provided, however, that such disclosure shall not waive the protections of § 58.1-3 as to any other person, nor authorize the City or the Authority to disclose such information to any other person. 4. Definitions. For the purposes of this Agreement, the following terms have the following meanings: Based Assessed Value means the assessed tax value of the Site and any improvements thereon, including all real and personal property, as of January 1 of the year in which the Company receives both its certificate of occupancy and its City business license for the Project at the Property. Base Tax means the real estate tax assessment of the Property for tax year 202__. Substantial Change in Use means a change in the use of the Site such that the essential purposes of the Project and this Agreement are frustrated. A Substantial Change in Use occurs when there is: (1) a change in use such that a new zoning permit and/or site plan is required for all or substantially all of the Site, after full build-out of the Project; (2) an investment in such change in use that exceeds 75% of the Company’s investment in the Project, as determined by the construction contract values reported on the building permits therefor; and (3) invocation of this clause by the City within three months following the date of the substantial change in use, making specific reference to this Agreement. {00473554.DOCX } 3 Tax Increment means the current assessed value, as of January 1 of any given year, of the Property and all improvements thereon, less the Base Tax. Tax Increment Basis means the product of the Tax Increment and the City’s annual tax levy. Tax Year means the City’s standard tax year, based upon the valuation of real estate as of January 1 of any given year, as provided by law. 5. Integration. This Agreement, including the exhibits hereto, constitutes the full and complete agreement of the Parties respecting its subject matter, and any prior or contemporaneous agreements or understandings, whether written or oral, are hereby merged into and superseded by the provisions of this Agreement. This Agreement may only be amended or supplemented by a subsequent writing of equal dignity except where expressly set forth herein. 6. Assignment. This Agreement may not be assigned by any Party without the prior written consent of the other Parties. 7. No Covenants of Officials. No provision of this Agreement shall be deemed a covenant, agreement, or obligation of any present or future, director, officer, employee, or agent of the Authority or the City in his or her individual capacity, and neither City officials nor directors of the Authority nor any officer, employee, or agent thereof executing this Agreement or any related instrument shall be liable personally on this Agreement or on such instrument or be subject to any personal liability by reason of the execution and delivery thereof. No director, officer, employee, or agent of the Authority or the City shall incur any personal liability with respect to any other action taken by him or her pursuant to this Agreement or the Industrial Development and Revenue Bond Act or any of the transactions contemplated hereby or thereby, provided he or she acts in good faith. 8. Not a Pledge of Full Faith and Credit. Any obligation of the City to pay, set aside, or other appropriate funds for the performance of this Agreement shall be construed to be subject to annual appropriation, and shall not be construed to be general obligations of the City. THE OBLIGATIONS OF THE AUTHORITY UNDER THIS AGREEMENT ARE NOT GENERAL OBLIGATIONS OF THE AUTHORITY BUT ARE LIMITED OBLIGATIONS PAYABLE SOLELY FROM, AND TO BE PERFORMED SOLELY TO THE EXTENT OF, THE REVENUES AND RECEIPTS DERIVED BY THE AUTHORITY FROM THE CITY PURSUANT TO THIS AGREEMENT. THE OBLIGATIONS OF THE AUTHORITY AND THE CITY HEREUNDER SHALL NOT BE CONSTRUED OR DEEMED TO CONSTITUTE A PLEDGE OF THE FAITH AND CREDIT OF THE COMMONWEALTH OF VIRGINIA OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY. 9. Rule of Construction as to Dates. If any action is required to be performed, or if any notice, consent, or other communication is given, on a day that is a Saturday or Sunday or a legal holiday in the Commonwealth of Virginia, such performance shall be deemed to be required, and such notice, consent, or other communication shall be deemed to be given, on the first business {00473554.DOCX } 4 day following such Saturday, Sunday, or legal holiday. Unless otherwise specified herein, all references in this Agreement to a “day” or “days” refers to calendar days, and not business days. 10. Notices. All notices hereunder shall be in writing and given by personal delivery or sent by (i) certified mail return receipt requested, postage prepaid, (ii) nationally recognized courier services, or (iii) electronic means, at the addresses set forth below, unless changed in accordance with this section. Notice will be deemed received on the earlier of (i) actual receipt, (ii) five business days after deposit in the U.S. Mail, (iii) the first business day after deposit with an overnight courier, or (iv) the first business day after transmission by electronic means. To City: City of Salem, Virginia 114 North Broad Street Salem, Virginia 24153 Attn: City Manager jtaliaferro@salemva.gov With a copy to: Guynn, Waddell, Carroll & Lockaby, P.C. 415 South College Avenue Salem, Virginia 24153 Attn: City Attorney JimG@guynnwaddell.com To Company: Property Catalyst Group, Inc. 133 Kirk Avenue SW Roanoke, Virginia 24011 joe@pcgva.com To Authority: Economic Development Authority of the City of Salem, Virginia 114 North Broad Street Salem, Virginia 24153 Attn: Chairman tjmiller@salemva.gov With a copy to: Guynn, Waddell, Carroll & Lockaby, P.C. 415 South College Avenue Salem, Virginia 24153 Attn: Authority Counsel MikeL@guynnwaddell.com The addresses at which notice must be given may be amended by giving notice in accordance with this section without need of formal amendment to this Agreement. 11. Choice of Law. This Agreement shall be construed according to the laws of the Commonwealth of Virginia without regard to its principles of conflict of laws. The Parties consent to exclusive venue and jurisdiction in the Virginia state courts for the City of Salem, Virginia. {00473554.DOCX } 5 12. Attorney’s Fees. The Parties agree that, except as specifically provided in this Agreement, if any Party pursues legal action to enforce the terms of this Agreement, the American Rule shall apply and each Party shall bear its own attorneys’ fees and expert costs and no fee shifting shall occur. 13. Drafter and Severability. This Agreement has been jointly drafted by the Parties, and is to be construed as jointly drafted and not to be construed against any o f the Parties as the drafter. This Agreement is severable, and if any provision is found to be invalid by any court of competent jurisdiction, the remainder shall survive. 14. Covenant of Authority. All Parties warrant that their respective signatories below have full authority, and have undertaken such legal actions as may be necessary to ensure such authority, to bind the entities of which they are representatives to the full extent permitted by law. The Developer agrees that, during the term of this Agreement, it will not allow its corporate existence to lapse or its certificate of authority in the Commonwealth of Virginia to be revoked or cancelled. The Company agrees that, during the term of this Agreement, it will not allow its corporate existence to lapse or its certificate of authority in the Commonwealth of Virginia to be revoked or cancelled. 15. Time of the Essence. Time is of the essence of all obligations set forth herein for which a time is stated. 16. Waiver. The failure of any Party to insist upon strict compliance with any term of this Agreement shall not be construed to be a waiver of this requirement in any subsequent circumstance. 17. Survival. The Parties agree that the rights and obligations set forth in this Agreement shall not be merged into the deed delivered to the Developer at Closing, but shall survive and continue to bind all parties after the Closing. 18. Counterparts; Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be construed to be an original and production of all of which shall not be necessary to prove the contents of this Agreement. A signed copy of this Agreement delivered by facsimile, e-mail or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement. 19. Force Majeure. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such party’s (the “Affected Party”) failure or delay is caused by or results from the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate power or transportation facilities; and (i) other {00473554.DOCX } 6 similar events beyond the control of the Affected Party. A potentially Affected Party must provide the other Parties prompt notice of the Force Majeure Event and bears the burden of proving its existence and impact. IN WITNESS WHEREOF, see the following signatures: [Signature Pages Follow] {00473554.DOCX } 7 CITY OF SALEM, VIRGINIA: By: Its: {00473554.DOCX } 8 ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF SALEM, VIRGINIA: By: Its: {00473554.DOCX } 9 PROPERTY CATALYST GROUP, INC.: By: Its: Item #6E Date: 7/25/2022 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: July 25, 2022 AGENDA ITEM: Request to execute contract and appropriate funding in fiscal year 2023 for the renovation to James I. Moyer Sports Complex SUBMITTED BY: Rosemarie B. Jordan, Director of Finance SUMMARY OF INFORMATION: The City of Salem would like to commence renovations on the James I. Moyer Sports Complex. City staff requests that City Council authorize the City Manager to finalize and execute a contract with G & H Construction Inc. for the James I. Moyer Sports Complex renovation project in an amount not to exceed $20,539,000. Construction work will be tracked through the multi-year Capital Projects Fund; therefore, a budget appropriation needs to be completed in the Capital Projects Fund. Currently, the total estimated project cost is $27,584,331, which includes the renovation contract, lighting, contract administration, equipment, inspections, other administrative costs, and contingency. Bond proceeds of $15,000,600 have already been appropriated for the p roject. An additional appropriation of $12,584,331 is needed to provide full funding for the project. Funding is available in the fiscal year 2023 General Fund budget for this request. FISCAL IMPACT: Local funding of $12,584,331 is already included in the fiscal year 2023 General Fund operating budget as a transfer to the Capital Projects Fund and is available for the James I. Moyer Sports Complex renovations. STAFF RECOMMENDATION: Staff recommends that the City Manager be authorized to finalize and execute a contract with G & H Construction Inc. for the renovations at James I. Moyer Sports Complex. Staff also recommends appropriating $12,584,331 to the Transfer from General Fund – Capital Projects account 20-012-0200-49905 and to the Moyer Sports Complex Renovation account 20-070-0205-54729. Item #6F Date: 07/25/2022 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: July 25, 2022 AGENDA ITEM: Request to amend School Grant Fund budget as approved by the School Board on July 7, 2022 SUBMITTED BY: Rosemarie B. Jordan, Director of Finance SUMMARY OF INFORMATION: The School Grant Fund budget was amended for fiscal year 2022-2023 by the School Board at their meeting on July 7, 2022. The Board amended the School Grant Fund budget to increase revenues and expenditures by $22,202. The attached memo details the appropriation changes. FISCAL IMPACT: Appropriation changes totaling $22,202 are to be made to the School Grant Fund. STAFF RECOMMENDATION: Staff recommends that Council approve the School Board’s appropriation changes of $22,202 to the School Grant Fund per the attached report. Salem City Schools Budget Adjustments Report July 7, 2022 Summary of Issue: At times during the year, additional funding may be r eceived by the school division through donation, grant, increased funding due to ADM (Average Daily Membership) increases, or some other means. This revenue increases the budget requiring Board approval. The grant fund budget needs to be adjusted at this time because new funds have been awarded or received since budget adoption and they need to be accounted for on the books. On April 21, 2022, we received notification from Project HOPE that we were allocated additional American Rescue Plan Elementary and Secondary Schools Emergency Relief Funds for Homeless Children and Youth (ARP-HCT) funding in the amount of $1,201.91 to assist students experiencing homelessness in our school division. These funds will be used to compensate the bus drivers that transport students that are homeless to our schools or any other needs of our homeless students. On May 13, 2022, we received notification from the Virginia Department of Criminal Justice Services (DCJS) that we were awarded a grant for a Digital Mapping Pro gram for Salem City Schools in the amount of $21,000. This follows a state initiative by Governor Youngkin to replace paper and one-dimensional digital maps with digital maps of school properties within the Commonwealth, to better assist first responders and law enforcement who arrive on scene in an emergency. These fund will be used to contract with an approved vendor to create the digital maps of our schools. Policy Reference: DA-BR Budget Transfers Fiscal Impact: These budget adjustments will increase the revenue and expenditure budgets in the School Grant Fund by $22,202 (attachment A). Recommended Action: Move approval of the budget adjustments in the School Grant Fund as presented and recommend that City Council approve the same To set up budget for new revenues received in FY 23 Account Code Description Revenue Amount Expenditure Amount Grant Fund 32-590-00-00-9-000-62266 ARP Homeless II Children and Youth 84.425W 1,202.00$ 32-590-63-63-9-320-71170 Compensation-Bus Drivers 1,116.00$ 32-590-63-63-9-320-72100 FICA 86.00$ 1,202.00$ 1,202.00$ 32-630-00-00-9-000-6XXXX DCJS Digital Mapping Grant $21,000.00 32-630-64-64-9-420-73180 Repair/Maint - Other Contracted 21,000.00$ $21,000.00 $21,000.00 22,202.00$ 22,202.00$ Salem City Schools Budget Adjustments 7/7/2022 Attachment A Item #6G Date: 07/25/2022 July 25, 2022 Council of the City of Salem Salem, Virginia 24153 Dear Council Members: For your information, I am listing appointments and vacancies on various boards and commissions: Board or Commission Recommendation Roanoke Valley Greenway Commission Recommend appointing Russ Craighead for a three-year term ending July 25, 2025. Vacancies Board of Appeals (USBC) Need one alternate, five-year term Sincerely, Laura Lea Harris Laura Lea Harris Deputy Clerk of Council CITY OF SALEM, VIRGINIA BOARDS AND COMMISSIONS July 25, 2022 MEMBER EXPIRATION OF TERM BLUE RIDGE BEHAVIORAL HEALTHCARE Term of Office: 3 years (3 terms only) Ann Tripp 12-31-24 Rev. C. Todd Hester 12-31-22 Dr. Forest Jones 12-31-23 AT LARGE MEMBERS: Patrick Kenney 12-31-22 Helen Ferguson 12-31-23 Bobby Russell 12-31-24 BOARD OF APPEALS (USBC BUILDING CODE) Term of Office: 5 years John R. Hildebrand 1-01-26 Robert S. Fry, III 1-01-23 David A. Botts 1-01-25 Nathan Routt 5-11-25 Joseph Driscoll 1-01-23 ALTERNATES: David Hodges 12-12-26 Vacant Chelsea Dyer 8-09-25 BOARD OF EQUALIZATION OF REAL ESTATE ASSESSMENTS Term of Office: 3 years (appointed by Circuit Court) Wendel Ingram 11-30-24 N. Jackson Beamer, III 11-30-24 David A. Prosser 11-30-22 Janie Whitlow 11-30-23 Kathy Fitzgerald 11-30-24 BOARD OF ZONING APPEALS Term of Office: 5 years (appointed by Circuit Court) F. Van Gresham 3-20-27 Frank Sellers 3-30-23 Winston J. DuBois 6-05-24 Gary Lynn Eanes 3-20-25 Tom Copenhaver 3-20-27 ALTERNATES: Tony Rippee 10-12-23 Jeff Zoller 3-1-23 Steve Belanger 11-13-23 CHIEF LOCAL ELECTED OFFICIALS (CLEO) CONSORTIUM No Term Limit John E. Saunders Alternate: James E. Taliaferro, II MEMBER EXPIRATION OF TERM CONVENTION & VISITORS BUREAU John Shaner No term limit COMMUNITY POLICY AND MANAGEMENT TEAM No term limit except for Private Provider (Names) (Alternates) Rosie Jordan Tammy Todd Laura Lea Harris Crystal W illiams Kevin Meeks Rosemary Walker Cheryl Wilkinson Tamara Starnes Parent Rep Vacant Frank Turk Shannon Brabham Joyce Earl Randy Jennings Deborah Coker Darryl Helems Mandy Hall Derek Weeks Danny Crouse Health Dept. - Vacant Vacant W endel Cook Jessica Cook *Note: Rosie Jordan will serve as Fiscal Agent For the City of Salem ECONOMIC DEVELOPMENT AUTHORITY Term of Office: 4 years (Requires Oath of Office) William Q. Mongan 3-09-23 Paul C. Kuhnel 3-09-24 J. David Robbins 3-09-24 Cindy Shelor 4-10-25 Macel Janoschka 3-09-25 Sean B. Kosmann 12-14-24 Clark “Rob” Robinson Jr. 12-14-24 FAIR HOUSING BOARD Term of Office: 3 years Betty Waldron 7-01-25 Melton Johnson 7-01-23 Cole Keister 8-09-24 Pat Dew 3-01-24 Janie Whitlow 4-09-24 MEMBER EXPIRATION OF TERM FINE ARTS COMMISSION (INACTIVE) Term of Office: 4 years Cameron Vest 5-01-15 Julie E. Bailey Hamilton 5-01-15 Brenda B. Bower 7-26-12 Vicki Daulton 10-26-12 Hamp Maxwell 10-26-12 Fred Campbell 5-01-13 Rosemary A. Saul 10-26-13 Rhonda M. Hale 10-12-14 Brandi B. Bailey 10-12-14 STUDENT REPRESENTATIVES LOCAL OFFICE ON AGING Term of Office: 3 years John P. Shaner 3-01-24 Partnership for a Livable Roanoke Valley Term of Office: Unlimited James E. Taliaferro, II PERSONNEL BOARD Term of Office: 2 years William R. Shepherd 6-09-23 J. Chris Conner 8-12-23 Margaret Humphrey 8-12-23 Garry Lautenschlager 11-23-22 Teresa Hernandez 4-26-23 PLANNING COMMISSION AND NPDES CITIZENS' COMMITTEE Term of Office: 4 years Neil Conner 7-31-26 Dee King 7-31-26 Vicki Daulton 7-26-23 Reid Garst 7-31-26 N. Jackson Beamer 8-28-23 REAL ESTATE TAX RELIEF REVIEW BOARD Term of Office: 3 years David G. Brittain 2-14-25 Wendel Ingram 6-11-24 Daniel L. Hart 2-14-24 ROANOKE REGIONAL AIRPORT COMMISSION Term of Office: 4 years Dale T. Guidry 7-1-24 ROANOKE VALLEY-ALLEGHANY REGIONAL COMMISSION Term of Office: 3 years John E. Saunders 6-30-24 Dee King 6-30-23 James W. Wallace III 6-30-24 *Losing one seat on this Board due to RVARC reorganization MEMBER EXPIRATION OF TERM ROANOKE VALLEY BROADBAND AUTHORITY Term of Office: 4 years James E. Taliaferro, II 12-14-2023 Mike McEvoy (Citizen At-large) 12-13-2025 ROANOKE VALLEY DETENTION COMMISSION No Terms Member Alternate James Taliaferro Rosemarie Jordan ROANOKE VALLEY GREENWAY COMMISSION Term of Office: 3 years Dr. Steven L. Powers 11-08-24 Vacant Skip Lautenschlager 9-26-23 ROANOKE VALLEY RESOURCE AUTHORITY Term of Office: 4 years Mike Tyler 12-31-23 ROANOKE VALLEY TRANSPORTATION PLANNING ORGANIZATION (TPO) POLICY BOARD Term of Office: 3 years Renee F. Turk 6-30-2023 W illiam “Bill” Jones 6-30-2023 Alternate: Byron R. Foley 6-30-2023 Alternate: John Saunders 6-30-2023 SCHOOL BOARD OF THE CITY OF SALEM Term of Office: 3 years Nancy Bradley 12-31-24 Teresa-Sizemore Hernandez 12-31-24 Andy Raines 12-31-22 Artice Ledbetter 12-31-22 David Preston 12-31-23 SOCIAL SERVICES ADVISORY BOARD Term of Office: 4 years, 2 term limit Betty McCrary 12-1-22 TOTAL ACTION FOR PROGRESS Term of Office: 2 years Byr on Randolph Foley 11-13-23 (vacant - full-time alternate) 11-13-21 TRANSPORTATION TECHNICAL COMMITTEE (TTC) Term of office: 3 years Crystal Williams 6-30-23 Vacant 6-30-23 Alternate: James E. Taliaferro, II 6-30-23 Alternate: Charles E. VanAllman, Jr. 6-30-23 MEMBER EXPIRATION OF TERM VIRGINIA W ESTERN COMMUNITY COLLEGE LOCAL ADVISORY Term of Office: 4 years (2 term s only) Dr. Forest I. Jones 6-30-26 VIRGINIA’S BLUE RIDGE BOARD Term of Office: James E. Taliaferro, II WESTERN VIRGINIA EMERGENCY MEDICAL SERVICES COUNCIL Term of office: 3 years Deputy Chief Matt Rickman 12-31-22 WESTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY Term of Office: 4 years (Requires Oath of Office) James E. Taliaferro, II 2-3-2026 H. Robert Light 2-3-2024 Crystal Williams(Alternate for Taliaferro) 2-3-2026 vacant (alternate for Light) 2-3-2024 WESTERN VIRGINIA REGIONAL JAIL AUTHORITY Term of Office: 1 year – Expires 12-31-2022 (Requires Oath of Office) W illiam D. Jones Alternate: Byron R. Foley James E. Taliaferro, II Alternate: Rosemarie Jordan April M. Staton Alternate: Chief Deputy-Major Steve Garber Item #6H Date: 7/25/2022 AN ORDINANCE TO RETURN A PORTION OF TAX YEAR 2022 PERSONAL PROPERTY TAXES PAID ON THOSE VEHICLES ELIGIBLE FOR RELIEF FROM THE COMMONWEALTH OF VIRGINIA’S PERSONAL PROPERTY TAX RELIEF ACT OF 1998 (PPTRA) WHEREAS, Virginia Code § 15.2-2511.1 empowers the City Council to authorize and develop a method by ordinance for the return of surplus personal property tax revenues in any fiscal year; and WHEREAS, City Council, after the completion of due diligence and adoption of the City’s Fiscal Year 2023 budget, wishes to return a portion of the 2022 personal property taxes received; and NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Salem, Virginia that the Council hereby approves the return of a portion of personal property taxes received, conditioned upon the following: 1. The return is applicable to vehicles assessed and billed by June 30, 2022 for the 2022 tax year. 2. The return is applicable to only vehicles eligible for and that received relief from the Commonwealth of Virginia’s Personal Property Tax Relief Act of 1998 (PPTRA) for the 2022 tax year. 3. The return will equal 19.5% of the tax year 2022 assessed tax less the relief amount provided by the PPTRA. 4. The return will only be provided for tax year 2022 on vehicles which taxes and any applicable fees, penalties, or interest have been paid in full by August 31, 2022 for each account. 5. No amount of less than five dollars for the aggregate of vehicles on a single account will be returned unless specifically requested by the taxpayer. 6. Vehicles receiving the return that lose situs in the City of Salem in tax year 2022 will be refunded in accordance with Virginia Code § 58.1-3516. Any prorated refund amount will be less the prorated amount of surplus personal property tax returned per this ordinance for the same period of non-situs. All ordinances, or parts of ordinances, in conflict with the provisions of this ordinance be and the same are hereby repealed. This ordinance shall be in full force and effect on ten days after its final passage. Item #6H Date: 7/25/2022 Upon a call for an aye and a nay vote, the same stood as follows: John E. Saunders – William D. Jones – Byron Randolph Foley - James w. Wallace, III – Rene’e F. Turk – Passed: Effective: Mayor ATTEST: ______________________________ H. Robert Light Clerk of Council City of Salem, Virginia