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Home My WebLink About5/9/2022 - City Council - Agenda -Regular City Counci l Meeting AGENDA Monday, May 9, 2022, 6:30 P M Work S ession is canc elled for May 9, 2022 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 W O R K SE SSIO N IS CANCELLE D 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 that same meeting. T he following have signed up to speak at this meeting: 1) Bennett Early - 1415 Antrim Street - Update on enforcement of handheld communication devices B.Minutes C onsider acceptance of the April 25, 2022 Work Session and Regular Meeting Minutes and the May 2, 2022 and May 4, 2022 Budget Work Session Minutes. 5.Old Business 6.New Business A.P ublic I mprov ement Bonds Hold a public hearing and consider adoption of ordinance on first reading to authorize the issuance of general obligation public improvement bonds in the City of Salem, Virginia in an aggregate principal amount not to exceed $15,200,000 (as advertised in the April 25 and May 2, 2022 issues of the Roanoke Times.) B.General Obligation P ublic I mprovement B onds C onsider adoption of Resolution 1426 authorizing the issuance, sale and award of General Obligation Public Improvement Bonds, Series 2022B. C .Amendment to the Zoning Ordinance C onsider ordinance on first reading for rezoning the property of MO Salem, LLC , property owner and Midland Atlantic Properties, property owner's management affiliate, located at 1923 Electric Road and 1951 Electric Road (Tax Map # 284-1-2.2 and Tax Map # 284-1-2.3) from HBD with conditions to HBD with amended conditions to allow retail sales. Continued from the April 25, 2022, meeting at which public hearing was held (As advertised in the April 7 and 14, 2022 issues of the Salem Times-Register). Planning C ommission recommends approval; see page 5 of Planning Commission minutes. D.Amendments to P urchasing P olicy and P rocedures Manual C onsider adoption of Resolution 1427 updating the Purchasing Policy and Procedures Manual. 7.Adjournment Item #4B Date: 5/09/2022 City Council Meeting MINUTES Monday, April 25, 2022, 6:30 PM Work Session 6:00 P.M. Council Chambers Conference Room, City Hall, 114 North Broad Street, Salem, Virginia 24153 Regular Session 6:30 P.M. Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 24153 WORK SESSION AMENDED AGENDA 1. Call to Order A. Roll Call 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 April 25, 2022, at 6:00 p.m., there being present the following members of said Council to wit: Renée Ferris Turk, Mayor; James W. Wallace, III, Vice-Mayor; 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; Patrick Morton, Director of Technology Systems; Crystal Williams, Assistant to the City Manage r; 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 Technology Update - Patrick Morton WHEREAS, Patrick Morton, Director of Technology Systems, gave an update on current and future technology projects in the City. He noted that there are three internal groups consisting of nine employees that make up Salem's Technology Systems Department. These three internal groups are: Applications/Programming, Infrastructure/Help Desk, and Project Management/Business Analysis. Current projects that are ongoing are: document management, a phone system upgrade, and network upgrades. Future projects involve Cityworks, the City's public website, and datacenter equipment. Mr. Morton discussed City processes that are backed by Technology. Council was able to ask questions and discussion was held on this topic. 3. Adjournment WHEREAS, there being no further business, Mayor Turk adjourned the meeting at 6:28 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; 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 Jim Guynn, City Attorney. Mr. Light stated that if Council was amenable, staff proposed to add Item 6E to the agenda this evening. Resolution 1425 authorizing the renaming of a section of High Street in the heart of the Roanoke College campus between Clay Street and Perry Drive to Maxey Way was offered for their consideration. Council concurred unanimously to the addition of the item. 2. Pledge of Allegiance 3. Bid Openings, Awards, Recognitions 4. Consent Agenda A. Citizen Comments Comments from the public, limited to five minutes, on matters not already having a public hearing component t hat same meeting. The following have signed up to speak at this meeting: 1) John Breen - 142 Bogey Lane - New ways and missing in action John Breen, 142 Bogey Lane, appeared before Council. He expressed concern about the need for timely enforcement of Salem City's Code. He urged Council to request the City Manager to take definitive action to enforce Code concerning a specific property. He also requested that Council refund or credit funds from increased property tax revenue realized from the significant rise in new and used car prices. B. Minutes Consider acceptance of the April 8, 2022 Budget Presentation and April 11, 2022 Work Session and Regular Meeting minutes. The minutes were accepted as written. C. Financial Reports Consider acceptance of the Statement of Revenues and Expenditures for the nine months ending March 31, 2022. The financial reports were received. 5. Old Business 6. New Business A. Amendment to the Zoning Ordinance Hold public hearing and consider ordinance on first reading for rezoning the property of MO Salem, LLC, property owner and Midland Atlantic Properties, property owner's management affiliate, located at 1923 Electric Road and 1951 Electric Road (Tax Map # 284-1-2.2 and Tax Map # 284-1-2.3) from HBD with conditions to HBD with amended conditions to allow retail sales. (Advertised in the April 7 and 14, 2022 issues of the Salem Times-Register). Planning Commission recommends approval; see page 5 of Planning Commission minutes. STAFF REPORT Mr. Van Allman gave a brief explanation of the details of the amendment before Council. Mayor Turk opened the public hearing. No one appeared before Council to speak. Mayor Turk closed the public hearing. Mr. Foley asked if anyone was present to represent the petitioner. Mayor Turk questioned if the item could be continued to give staff the opportunity to contact the petitioner. Mr. Taliaferro suggested that this item be continued to the May 9, 2022 meeting. Mr. Van Allman stated that Community Development would contact the petitioner and request that someone be present to represent their interests at the May 9, 2022 meeting. B. Vacation of Right of Way Hold public hearing and consider adoption of Resolution 1423 appointing viewers to consider permanently vacating and disposing of an approximate .137 acres of an unopened alley situated in the center of Salem Iron and Metal between Indiana Street and Florida Street. (As advertised in the April 7 and 14, 2022 issues of the Salem Times- Register). Mr. Van Allman gave details on this request to vacate an alley. He noted that viewers were needed to address sewer lines and other utilities that were involved. The first step of this process is to hold a public hearing on the vacation request and to consider a resolution appointing viewers to evaluate and report on this request to Council. Mayor Turk opened the public hearing. Daryl Beckner, 844 Roanoke Boulevard, owner of Salem Iron and Metal, appeared before Council to request that Council consider the vacation of an approximate .137 acres of an unopened alley situated in the center of Salem Iron and Metal. Mr. Foley asked for clarification as to whether the proposed vacation affected the entire length of the alley as there is one small parcel not owned by Mr. Beckner. Mr. Light indicated that staff recommends Council’s consideration include the entire alley. Mayor Turk closed the public hearing. Mr. Taliaferro stated that staff recommends William R. Shepherd, Wendel Ingram, and Frank P. Turk to serve as viewers to evaluate this request. John Saunders motioned to adopt Resolution 1423 appointing William R. Shepherd, Wendel Ingram, and Frank P. Turk as viewers to review and report on the request to permanently vacate and dispose of an approximate .137 acres of an unopened alley situated in the center of Salem Iron and Metal between Indiana Street and Florida Street. William Jones seconded the motion. Ayes: Foley, Jones, Saunders, Wallace Abstain: Turk C. Roanoke Regional Airport Commission Consider approval of the Roanoke Regional Airport Commission budget for the fiscal year 2022-2023. The Fiscal Year 2022-2023 Roanoke Regional Airport Commission budget was presented by Mike Stewart, Executive Director of the Roanoke Regional Airport Commission. Mr. Stewart noted that Dale Guidry, memb er of the Commission, and David Jeavons, Interim Executive Director prior to Mr. Stewart's appointment, were with him this evening. Mr. Stewart commented on Operating Revenues as well as Operating Expenses for the Fiscal Year 2022-2023. He noted that no deficit was anticipated in the Operating Budget for Fiscal Year 2022-2023. Therefore, no additional appropriations are being requested or anticipated from the City of Salem for this budget. Mr. Foley asked about the response to Allegiant Airline’s flights to/from Nashville. Mr. Stewart commented that this had been favorable and that they hoped this service would be extended. Randy Foley motioned to approve the Roanoke Regional Airport Commission budget for the fiscal year 2022 -2023. John Saunders seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace D. Emergency Medical Services Agency Consider Resolution 1424 allowing Western-Star Hospital Authority, Inc. dba Metro Health EMS to establish a Transport Medical Services Agency. Mr. Light clarified that the Code of Virginia requires that an organization wishing to become a licensed EMS agency must obtain an ordinance or resolution from the governing body of the municipality in which they seek to operate. Western-Star Hospital Authority, Inc. dba Metro Health EMS provides emergency and non-emergency services to the Department of Veterans Affairs within the City of Salem. John Saunders motioned to adopt Resolution 1424 allowing Western-Star Hospital Authority, Inc. dba Metro Health EMS to establish a Transport Medical Services Agency. Randy Foley seconded the motion. Ayes: Foley, Saunders, Turk, Wallace Abstain: Jones E. Resolution Authorizing the Renaming of a Section of High Street Between Clay Street and Peery Drive Consider Resolution 1425 authorizing the renaming of a section of High Street in the heart of the Roanoke College campus between Clay Street and Peery Drive to Maxey Way. - SUPPLEMENTAL ITEM Mayor Turk noted that Council wished to acknowledge and express appreciation for the President Maxey's impact and contributions to the City of Salem. Randy Foley motioned to adopt Resolution 1425 renaming the section of High Street in the heart of the Roanoke College campus between Clay Street and Peery Drive to Maxey Way. John Saunders seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace 7. Adjournment The meeting was adjourned at 6:58 p.m. UNAPPROVED MINUTES CITY COUNCIL WORK SESSION May 2, 2022 A work session of the Council of the City of Salem, Virginia, was held in the Parlor A, Salem Civic Center, 1001 Roanoke Boulevard, Salem, Virginia, on May 2, 2022, at 3:30 p.m., there being present the following members of said Council, to wit: Renée Ferris Turk, Mayor; James W. Wallace, III, Vice-Mayor; Councilmembers: Byron Randolph Foley, William D. Jones, and John E. Saunders; with Renée Ferris Turk, Mayor, presiding; together with James E. Taliaferro, II, City Manager; Rob Light, Assistant City Manager and Clerk of Council; Rosie Jordan, Director of Finance; Tammy Todd, Assistant Director of Finance; and Crystal Williams, Assistant to the City Manager; 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 budget work session; and WHEREAS, a discussion was held regarding the FY 2022-2023 budget; and WHEREAS, there were no other topics for discussion. There being no further business to come before the Council, the work session was adjourned at 6:35 p.m. UNAPPROVED MINUTES CITY COUNCIL WORK SESSION May 4, 2022 A work session of the Council of the City of Salem, Virginia, was held in the Parlor A, Salem Civic Center, 1001 Roanoke Boulevard, Salem, Virginia, on May 4, 2022, at 3:30 p.m., there being present the following members of said Council, to wit: Renée Ferris Turk, Mayor; James W. Wallace, III, Vice-Mayor; Councilmembers: Byron Randolph Foley, William D. Jones, and John E. Saunders; with Renée Ferris Turk, Mayor, presiding; together with James E. Taliaferro, II, City Manager; Rob Light, Assistant City Manager and Clerk of Council; Rosie Jordan, Director of Finance; and Tammy Todd, Assistant Director of Finance; 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 budget work session; and WHEREAS, a discussion was held regarding the FY 2022-2023 budget; and WHEREAS, there were no other topics for discussion. There being no further business to come before the Council, the work session was adjourned at 5:50 p.m. Item #6A Date: 5/09/2022 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: May 9, 2022 AGENDA ITEM: Hold a public hearing and consider adoption of ordinance on first reading authorizing the issuance and sale of general obligation public improvement bonds series 2022B SUBMITTED BY: Rosie Jordan, Director of Finance SUMMARY OF INFORMATION: This time has been set aside for a public hearing on the proposed issuance of general obligation public improvement bonds for the purpose of acquiring, constructing and equipping various capital improvements and equipment for parks and recreation purposes, including renovation of the Moyer Sports Complex. This bond issue is in an aggregate principal amount not to exceed $15,200,000. The bonds will be general obligations of the City and the full faith and credit of the City shall be pledged for the repayment of these bonds. STAFF RECOMMENDATION: Staff recommends adopting the attached ordinance authorizing the issuance of general obligation public improvement bonds in an aggregate principal amount not to exceed $15,200,000. COVERING CERTIFICATE FOR ORDINANCE The undersigned Clerk of Council of the City of Salem, Virginia (the “City”), certifies as follows: 1. At its regular meeting on May 9, 2022, the City Council of the City (the “Council”) held a public hearing, duly noticed, in accordance with Section 15.2-2606 of the Code of Virginia of 1950, as amended. 2. Attached hereto is a true, correct and complete copy of an ordinance entitled “ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE CITY OF SALEM, VIRGINIA, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15,200,000” (the “Ordinance”), which was adopted at the regular meeting of the Council following the public hearing held on May 9, 2022, by the recorded affirmative roll-call vote of a majority of all members of the Council. The minutes of such meeting reflect the attendance of the members and their votes on the Ordinance as follows: Member Attendance (Present/Absent) Vote (Aye/Nay/Abstain) Renee F. Turk, Mayor James W. Wallace, III, Vice-Mayor Byron Randolph “Randy” Foley William D. Jones John Saunders 3. The Council meeting at which the Ordinance was adopted was held at the time and place established by the Council for its regular meetings. 4. The Ordinance has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my signature and the seal of the City of Salem, Virginia, this ___ day of May, 2022. (SEAL) H. Robert Light, Clerk of Council, City of Salem, Virginia ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE CITY OF SALEM, VIRGINIA, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15,200,000 WHEREAS, acting pursuant to directions of the City Council (the “Council”) of the City of Salem, Virginia (the “City”), the City proposes to acquire, construct and equip capital improvements and equipment for parks and recreation purposes, including but not limited to the renovation of the Moyer Sports Complex (collectively, the “Project”), and now desires to provide for the financing of the Project; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA, THAT: 1. It is hereby determined to be necessary and expedient for the City to undertake the Project, which will promote the development and general welfare of the City, to borrow money for such purpose and to issue the City’s general obligation bonds therefor. 2. Pursuant to the Public Finance Act of 1991 and without regard to the provisions contained in the City Charter, there are authorized to be issued general obligation public improvement bonds of the City in an aggregate principal amount not to exceed $15,200,000 to finance (together with other available funds) the Project and to pay related costs of issuance. 3. The bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their dates, bear interest at such rate or rates, be in such denominations and form, be executed in such manner and be sold at such time or times and in such manner, all as the Council may hereafter provide by appropriate resolution or resolutions. 4. The bonds shall be general obligations of the City, and the full faith and credit of the City shall be irrevocably pledged to the payment of the principal of and premium, if any, and interest on such bonds. 5. The Clerk of Council, in collaboration with the City Attorney, is authorized and directed to see to the immediate filing of a certified copy of this ordinance in the Circuit Court of the City of Salem, Virginia. 6. This ordinance shall take effect immediately. 7. All prior ordinances or parts of prior ordinances in conflict with the provisions of this ordinance are hereby repealed. 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 – Renee F. Turk – Passed: Effective: __________________________ Mayor ATTEST: ___________________________ H. Robert Light Clerk of Council City of Salem, Virginia Item #6B Date: 5/09/2022 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: May 9, 2022 AGENDA ITEM: Request to approve resolution authorizing the issuance, sale and award of General Obligation Public Improvement Bonds, Series 2022B SUBMITTED BY: Rosie Jordan, Director of Finance SUMMARY OF INFORMATION: The City needs to issue bonds for the purpose of acquiring, constructing and equipping various capital improvements and equipment for parks and recreation purposes, including renovation of the Moyer Sports Complex. FISCAL IMPACT: Issuing bonds will allow the City to proceed with City capital projects and equipment purchases. STAFF RECOMMENDATION: Staff recommends adopting the attached resolution authorizing the issuance, sale and award of its general obligation public improvement bonds, series 2022B. COVERING CERTIFICATE FOR RESOLUTION The undersigned Clerk of Council of the City of Salem, Virginia (the “City”), certifies as follows: 1. Attached hereto is a true, correct and complete copy of a resolution entitled “RESOLUTION PROVIDING FOR THE ISSUANCE, SALE AND AWARD OF A GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND OF THE CITY OF SALEM, VIRGINIA, HERETOFORE AUTHORIZED, IN A PRINCIPAL AMOUNT NOT TO EXCEED $15,200,000, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF” (the “Resolution”). The Resolution was adopted at a regular meeting of the Council of the City (the “Council”) held on May 9, 2022, by a majority of all members of the Council by a roll-call vote. The minutes of such meeting reflect the attendance of the members and their votes on the Resolution as follows: Member Attendance (Present/Absent) Vote (Aye/Nay/Abstain) Renee F. Turk, Mayor James W. Wallace, III, Vice-Mayor Byron Randolph “Randy” Foley William D. Jones John Saunders 2. The Council meeting at which the Resolution was adopted was held at the time and place established by the Council for its regular meetings. 3. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my signature and the seal of the City of Salem, Virginia, this ____ day of May, 2022. (SEAL) H. Robert Light, Clerk of Council, City of Salem, Virginia IN THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, MAY 9, 2022: RESOLUTION 1426 RESOLUTION PROVIDING FOR THE ISSUANCE, SALE AND AWARD OF A GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND OF THE CITY OF SALEM, VIRGINIA, HERETOFORE AUTHORIZED, IN A PRINCIPAL AMOUNT NOT TO EXCEED $15,200,000, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF WHEREAS, on May 9, 2022, the Council (the “Council”) of the City of Salem, Virginia (the “City”), adopted an ordinance (the “Ordinance”) authorizing the issuance of its general obligation bonds in an aggregate principal amount not to exceed $15,200,000 to (a) finance the acquisition, construction and equipping of capital improvements and equipment for parks and recreation purposes, including but not limited to the renovation of the Moyer Sports Complex (collectively, the “Project”), and (b) pay related costs of issuance; and WHEREAS, the City’s administration, in collaboration with the City’s financial advisor, Davenport & Company LLC (the “Financial Advisor”), has recommended that the City issue and sell a general obligation public improvement bond through a direct bank loan with a banking or other financial institution; WHEREAS, the Financial Advisor has solicited and received, on behalf of the City, bids from various banking and other financial institutions to make a loan to the City to be evidenced by the purchase of the Bond (as hereinafter defined); and WHEREAS, the Council desires to delegate to the City Manager (which term shall include the Director of Finance for purposes of this Resolution) the authority to award the sale of the Bond to one of the bidders and to negotiate the final pricing terms of the Bond within the parameters set forth herein; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA: 1. Issuance and Sale of Bond. Pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the Public Finance Act, the Council hereby provides for the issuance and sale of a general obligation public improvement bond (the “Bond”) in a principal amount not to exceed $15,200,000 to provide funds to (a) finance the Project and (b) pay related costs of issuance. Further, the Council hereby authorizes the City Manager, in collaboration with the Financial Advisor, to negotiate with the bidders the final pricing terms of the Bond, subject to the parameters set forth below, and, on the basis of such negotiations, to determine which bidder offers the best terms to the City (such winning bidder referred to herein as the “Lender”). 2. Election to Proceed under the Public Finance Act. In accordance with the authority contained in Section 15.2-2601 of the Code of Virginia of 1950, as amended (the “Virginia Code”), the Council elects to issue the Bond pursuant to the provisions of the Public Finance Act of 1991, 3 Chapter 26 of Title 15.2 of the Virginia Code (the “Public Finance Act”), without regard to the provisions of the City Charter. 3. Bond Details. (a) Subject to the provisions and limitations of this Resolution, the Council authorizes the City Manager to undertake the issuance and sale of the Bond and to determine the final pricing terms of the Bond as he shall deem to be in the best interests of the City. The Bond shall be designated “General Obligation Public Improvement Bond, Series 2022B,” or such other designation as may be determined by the City Manager. The Bond shall be in registered form, shall be dated such date as may be determined by the City Manager and shall be numbered RB-1. The issuance and sale of the Bond are authorized on such final pricing terms as shall be satisfactory to the City Manager; provided, however, that the Bond shall (i) be issued in a principal amount not exceeding the limit set forth in Section 1 above, (ii) bear interest at an annual rate not to exceed 3.30% per year (subject to adjustment, if any, as required by the terms of the bid submitted by the Lender and approved by the City Manager), (iii) be sold to the Lender at a price of 100% of the original principal amount thereof, and (iv) mature no later than December 31, 2042. The principal of and interest due on the Bond shall be payable on dates and in amounts as determined by the City Manager to be in the best interests of the City. (b) Following the determination of the final pricing terms of the Bond, the Cit y Manager shall execute a certificate setting forth such final pricing terms and shall file such certificate with the records of the Council. The actions of the City Manager in selling the Bond shall be conclusive, and no further action with respect to the issuance, sale and award of the Bond shall be necessary on the part of the Council. (c) If the date on which any payment is due with respect to the Bond is not a Business Day (as hereinafter defined), such payment shall be made on the next succeeding Business Day with the same effect as if made on the stated payment date, and no additional interest shall accrue. “Business Day” shall mean a day on which banking business is transacted, but not including a Saturday, Sunday, legal holiday or any other day on which banking institutions are authorized or required by law to close in the Commonwealth of Virginia. (d) Principal and interest shall be payable by the Registrar (as hereinafter defined) by check or draft mailed to the registered owner at the address as it appears on the registration books kept by the Registrar on the dates selected by the City Manager as the record dates for the Bond (the “Record Dates”); provided, however, that, at the request of the registered owner of the Bond, payment may be made by wire transfer pursuant to the most recent wire instructions received by the Registrar from such registered owner. Principal, premium, if any, and interest shall be payable in lawful money of the United States of America. 4. Prepayment Provisions. The Bond may be subject to prepayment prior to maturity at the option of the City in accordance with the terms of the Lender’s bid or as otherwise agreed to by the City Manager, provided that any prepayment premium shall not exceed 3.00% of the principal amount thereof to be prepaid. 5. Execution and Authentication. The Bond shall be signed by the manual or facsimile signature of the Mayor or Vice Mayor, and the City’s seal shall be affixed thereto or a facsimile thereof printed thereon and shall be attested by the manual or facsimile signature of the Clerk of 4 Council (which term shall include any Acting, Interim or Deputy Clerk of Council); provided, however, that no Bond signed by facsimile signatures shall be valid until it has been authenticated by the manual signature of an authorized officer or employee of the Registrar and the date of authentication noted thereon. 6. Bond Form. The Bond shall be in substantially the form of Exhibit A hereto, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officers signing the Bond, whose approval shall be evidenced conclusively by the execution and delivery of the Bond. 7. Pledge of Full Faith and Credit. The full faith and credit of the City are irrevocably pledged for the payment of principal of and premium, if any, and interest on the Bond. Unless other funds are lawfully available and appropriated for timely payment of the Bond, the Council shall levy and collect an annual ad valorem tax upon all locally taxable property within the City, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and premium, if any, and interest on the Bond. 8. Registration, Transfer and Owner of Bond. The City Treasurer is hereby appointed paying agent and registrar for the Bond (together with any successor paying agent and registrar, the “Registrar”). The City Manager is hereby authorized, on behalf of the City, to appoint a qualified bank or trust company as successor paying agent and registrar of the Bond if at any time the City Manager determines such appointment to be in the best interests of the City. The Registrar shall maintain registration books for the registration of the Bond and transfers thereof. Upon presentation and surrender of the Bond to the Registrar, or its corporate trust office if the Registrar is a bank or trust company, together with an assignment duly executed by the registered owner or the owner’s duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the City shall execute, and the Registrar shall authenticate, if required by Section 5, and deliver in exchange, a new Bond or Bonds having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate, and registered in the name(s) as requested by the then registered owner or the owner’s duly authorized attorney or legal representative. Any such exchange shall be at the expense of the City, except that the Registrar may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as owner on the registration books on the Record Date. 9. Preparation and Delivery of Bond. The officers of the City are authorized and directed to take all proper steps to have the Bond prepared and executed in accordance with its terms and to deliver the Bond to the Lender upon payment therefor. 10. Mutilated, Lost or Destroyed Bond. If the Bond has been mutilated, lost or destroyed, the City shall execute and deliver a new Bond of like date and tenor in exchange and substitution for, and upon cancellation of, such mutilated Bond or in lieu of and in substitution for such lost or destroyed Bond; provided, however, that the City shall so execute and deliver the new Bond only 5 if the registered owner has paid the reasonable expenses and charges of the City in connection therewith and, in the case of a lost or destroyed Bond, (a) has filed with the City evidence satisfactory to the City that such Bond was lost or destroyed and (b) has furnished to the City satisfactory indemnity. 11. Arbitrage Covenants. (a) The City represents that there have not been issued, and covenants that there will not be issued, any obligations that will be treated as part of the same issue of obligations as the Bond within the meaning of Treasury Regulations Section 1.150-1(c). (b) The City covenants that it shall not take or omit to take any action the taking or omission of which will cause the Bond to be an “arbitrage bond” within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and regulations issued pursuant thereto (the “Code”), or otherwise cause interest on the Bond to be includable in the gross income for federal income tax purposes of the registered owners thereof under existing law. Without limiting the generality of the foregoing, the City shall comply with any provision of existing law that may require the City at any time to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bond, unless the City receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest on the Bond from being includable in the gross income for federal income tax purposes of the registered owners thereof under existing law. The City shall pay any such required rebate from its legally available funds. 12. Non-Arbitrage Certificate and Elections. Such officers of the City as may be requested by the City’s bond counsel are authorized and directed to execute an appropriate certificate setting forth (a) the expected use and investment of the proceeds of the Bond in order to show that such expected use and investment will not violate the provisions of Section 148 of the Code and (b) any elections such officers deem desirable regarding rebate of earnings to the United States for purposes of complying with Section 148 of the Code. Such certificate shall be prepared in consultation with the City’s bond counsel, and such elections shall be made after consultation with bond counsel. 13. Limitation on Private Use. The City covenants that it shall not permit the proceeds of the Bond or the facilities financed therewith to be used in any manner that would result in (a) 5% or more of such proceeds or facilities being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141(b) of the Code, (b) 5% or more of such proceeds or facilities being used with respect to any output facility (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any persons other than a governmental unit, as provided in Section 141(c) of the Code; provided, however, that if the City receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the interest on the Bond from being includable in the gross income for federal income tax purposes of the registered owners thereof under existing law, the City need not comply with such covenants. 14. SNAP Investment Authorization. The Council has previously received and reviewed the Information Statement describing the State Non-Arbitrage Program of the Commonwealth of Virginia (“SNAP”) and the Contract Creating the State Non-Arbitrage Program Pool (the 6 “Contract”), and the Council hereby authorizes the City Treasurer in her discretion to utilize SNAP in connection with the investment of the proceeds of the Bond. The Council acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the Contract. 15. Provision of Financial Information. The City Manager is hereby authorized and directed to make available to the Lender, for so long as the Bond remains outstanding, a copy of the City’s comprehensive annual financial report and such other financial information as may be reasonably requested by the Lender, as soon as is practicable upon the release of such information. 16. Other Actions. All other actions of officers of the City in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bond are hereby ratified, approved and confirmed. The officers of the City are authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the issuance, sale and delivery of the Bond. 17. Repeal of Conflicting Resolutions. All prior resolutions or parts of prior resolutions in conflict herewith are repealed. 18. Effective Date. This Resolution shall take effect immediately. A-1 EXHIBIT A [FORM OF BOND] REGISTERED REGISTERED No. RB-1 $__________ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF SALEM General Obligation Public Improvement Bond, Series 2022B The City of Salem, Virginia (the “City”), for value received, promises to pay, to [_______________________________] (the “Lender”), or registered its assigns or legal representative, the principal sum of [____________] DOLLARS ($[_____]), together with interest from the date of this bond on the unpaid principal, at the annual rate of [____]%, calculated on the basis of a 360-day year of twelve 30-day months, subject to prepayment as hereinafter provided. Interest shall be payable semi-annually on each [_____ __] and [_____ __], commencing [_____ __, 20__], and principal shall be payable annually on _____ __ in the amounts and years as set forth on Schedule I attached hereto. Principal of and premium, if any, and interest on this bond are payable in lawful money of the United States of America by the City Treasurer, who has been appointed the initial paying agent and registrar for this bond, or by such bank or trust company as may be appointed as successor paying agent and registrar by the City Manager (the “Registrar”). If any payment date is not a Business Day (as hereinafter defined), such payment shall be made on the next succeeding Business Day with the same effect as if made on the stated payment date, and no additional interest shall accrue. “Business Day” shall mean a day on which banking business is transacted, but not including a Saturday, Sunday, legal holiday or any other day on which banking institutions are authorized or required by law to close in the Commonwealth of Virginia. This bond is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the Public Finance Act of 1991. This bond has been authorized by and is being issued pursuant to an ordinance and a resolution adopted by the City Council of the City (the “Council”) on [______ __], 2022, to (a) finance [_________] and (b) pay related costs of issuance. The full faith and credit of the City are irrevocably pledged for the payment of principal of and premium, if any, and interest on this bond. Unless other funds are lawfully available and appropriated for timely payment of this bond, the Council shall levy and collect an annual ad valorem tax upon all locally taxable property within the City, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and premium, if any, and interest on this bond. A-2 [At the option of the City, this bond is subject to prepayment prior to maturity, in whole or in part at any time, upon payment of a prepayment price equal to 100% of the principal amount to be prepaid, plus accrued and unpaid interest, if any, to the date fixed for prepayment.] The Registrar shall treat the registered owner of this bond as the person exclusively entitled to payment of principal of and premium, if any, and interest on this bond and the exercise of all others rights and powers of the owner, except that interest payments shall be made to the person shown as the owner on the registration books on the ___ day of the month [preceding] [in which] each interest payment [is due]. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in connection with the issuance of this bond have happened, exist and have been performed, and th is bond, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. [Remainder of page intentionally left blank.] A-3 IN WITNESS WHEREOF, the City of Salem, Virginia, has caused this bond to be to be signed by the Mayor or Vice Mayor, its seal to be affixed hereto and attested by the Clerk of Council of the City, and this bond to be dated the date first above written. (SEAL) ________________________________________ [Vice] Mayor, City of Salem, Virginia (ATTEST) _________________________________ Clerk of Council, City of Salem, Virginia A-4 ASSIGNMENT FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto ______________________________________________________________________________ (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE: ______________________________________________ : : : : : : the within bond and all rights thereunder, hereby irrevocably constituting and appointing _______________________________________________________________________, Attorney, to transfer said bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: ________________ Signature Guaranteed ___________________________________ _______________________________ NOTICE: Signature(s) must be guaranteed (Signature of Registered Owner) by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, NOTICE: The signature above must Securities Broker/Dealer, Credit Union correspond with the name of the or Savings Association who is a member registered owner as it appears on the of a medallion program approved by The front of this bond in every particular, Securities Transfer Association, Inc. without alteration or enlargement or any change whatsoever. A-5 TRANSFER OF BOND Transfer of this bond may be registered by the registered owner or its duly authorized attorney upon presentation hereof to the Registrar who shall make note of such transfer in books kept by the Registrar for that purpose and in the registration blank below. Date of Registration Name of Registered Owner Signature of Registrar ____________________ ________________________ ______________________ ____________________ ________________________ ______________________ ____________________ ________________________ ______________________ ____________________ ________________________ ______________________ A-6 SCHEDULE I [Final Maturity Schedule to be attached at closing] Item # 6C Date: 5-09-2022 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL AGENDA ITEM: SUBMITTED BY: Amendment to the Zoning Ordinance Consider ordinance on first reading for rezoning the property of MO Salem, LLC, property owner and Midland Atlantic Properties, property owner's management affiliate, located at 1923 Electric Road and 1951 Electric Road (Tax Map # 284-1-2.2 and Tax Map # 284-1-2.3) from HBD with conditions to HBD with amended conditions to allow retail sales. Continued from the April 25, 2022, meeting at which public hearin g was held. As advertised in the April 7 and 14, 2022 issues of the Salem Times-Register. Planning Commission recommends approval: see page 5 of the Planning Commission minutes. Mary Ellen Wines, CZA CFM Planning & Zoning Administrator SUMMARY OF INFORMATION: Zoning: HBD Highway Business District with conditions Land Use Plan Designation: Commercial Proposed Zoning: HBD Highway Business District with amended conditions Existing Use: Shopping center and restaurant Proposed Use: Addition of a tobacco/vape retail store BACKGROUND INFORMATION: This item amends ordinance #315 enacted on August 11, 2014 to modify the volunteered proffers at the petition of the property owner and the property owner’s management affiliate. When the Ridgewood Farms development was rezoned in 1979, there were numerous voluntarily proffered conditions placed on the proposed development. One of those conditions must be amended in order for a tobacco/vape retail store to operate within an existing storefront. The properties are currently zoned HBD Highway Business District, which allows for retail sales by right; however, when the property was rezoned to B3 in 1979, the conditions specifically allowed for the following retail sales: drug stores, food sales, and wearing apparel shops. The petitioners are requesting the removal of the specific retail uses and the addition of retail sales in its entirety. This would remove the requirement of future petitions should additional other types of retail sales businesses wish to occupy the premises. STAFF RECOMMENDATION: Staff recommends Council adopt an ordinance amending ordinance #315 enacted on August 11, 2014 to modify the volunteered proffers at the petition of the property owner and the property owner’s management affiliate. {00461942.DOCX } AN ORDINANCE TO AMEND ORDINANCE # 315 ENACTED ON AUGUST 11, 2014 BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA WHEREAS, MO Salem, LLC, property owner, and Midland Atlantic Properties, property owner’s management affiliate, have heretofore petitioned to have the properties located at 1923 and 1951 Electric Road, (Tax Map #’s 284-1-2.2 and 284-1-2.3) rezoned from HBD Highway Business District with conditions to HBD Highway Business District with amended conditions to allow retail sales; and WHEREAS, in said petition, MO Salem, LLC, property owner, and Midland Atlantic Properties, property owner’s management affiliate, voluntarily proffered amendments to the existing proffers previously adopted; and WHEREAS, Council has reviewed the amended proffers and is of the opinion that the requested amendment rezoning would be in the best interests of the City and that the amended proffers will more closely comply with the intent of the Land Use Plan heretofore adopted; and WHEREAS, Council has adopted the provisions of Chapter 320 of the 1978 Acts of the General Assembly of Virginia, Sections 15.2-2296 through 15.2-2302, relating to conditional zoning; and WHEREAS, the Planning Commission at its regular meeting held on April 13, 2022, did recommend to Council after holding a public hearing that such rezoning be approved with the voluntarily amended proffered conditions; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that Ordinance 361 be amended, revised, and reordained to read as follows and the map referred to shall be changed in this respect and no other: Section 1. Beginning at a point in the westerly right of way of Virginia Route 419, more particularly defined as Corner 1, as shown on the plat showing Subdivision of Property of G.L. Mattern and Ruby M. Mattern as recorded in the Clerk’s Office of the Circuit Court of the City of Salem, Virginia in Plat Book 2, Page 15; thence with the westerly right of way S 10° 52’ 00” W 422.47 feet to a point; thence leaving the westerly right of way of Virginia Route 419, N 79° 08’ 00” W 224.00 feet to a point; thence S 10° 52’ 00” W 280.13 feet to a point in the northerly right of way of Keagy Road; thence with the northerly right of way S 73° 01’00” W 50.00 feet to a point; thence leaving the northerly right of way of Keagy Road, N 16° 59’00” W 27.03 feet to a {00461942.DOCX } point of curve; thence with a curve to the right, which curve is defined by a delta angle of 27° 51’00”, a radius of 200.00 feet, an arc of 97.22 feet, a chord of 96.26 feet and bearing of N 03° 03’ 30 W to a point of tangency; thence N 10° 52’00” E 157.66 feet to a point of curve; thence with a curve to the left, which curve is defined by a delta angle of 30° 00’ 00”, a radius of 148.54 feet, an arc of 77.78 feet, a chord of 76.89 feet and bearing of N 04° 08’ 00” W to a point of reverse curve; thence with a curve to the right, which curve is defined by a delta angle of 4° 37’ 34”, a radius of 198.54 feet, an arc of 16.03 feet and bearing of N 16° 49’ 13” W to a point; thence N 79° 08’ 00” W 225.00 feet to a point; thence N 67° 00’ 00” W 52.29 feet to a point in the easterly right of way of Ridgewood Drive; thence with the easterly right of way, a curve to the left, which curve is defined by a delta angle of 55° 45’ 17”, a radius of 262.91 feet, an arc of 255.84 feet, a chord of 245.86 feet and bearing of N 11° 30’ 38” E to a point of tangency; thence N 16° 22’ 00” W 52.77 feet to a point of curve; thence with a curve to the right, which curve is defined by a delta angle of 56° 18’ 30”, a radius of 20.00 feet, an arc of 19.66 feet, a chord of 18.87 feet and bearing of N 11° 47’ 49” E to a point of reverse curve in the southerly right of way of Braeburn Drive; thence with the southerly right of way of Braeburn Drive, a curve to the left, which curve is defined by a delta angle of 09° 55’ 54”, a radius of 319.00 feet, an arc of 55.30 feet, a chord of 55.23 feet and bearing of N 34° 59’ 09” E to a point of reverse curve; thence with a curve to the right, which curve is defined by a delta angle of 52° 14’ 50”, a radius of 269.00 feet, an arc of 245.30 feet, a chord of 236.89 feet and bearing of N 56° 08’ 35” E to a point of tangency; thence N 82° 16’ 00” E 97.90 feet to a point; thence S 23° 32’ 49” E 10.29 feet to a point of curve; thence a curve to the right, which curve is defined by a delta angle of 42° 46’ 56”, a radius of 261.48 feet, an arc of 195.24 feet, a chord of 190.74 feet and bearing of N 87° 50’ 39” E to a point of tangency, thence S 70° 45’ 53” E 30.00 feet to a point of curve; thence a curve to the left, which curve is defined by a delta angle of 13° 03’ 17”, a radius of 261.48 feet, an arc of 59.58 feet, a chord of 59.45 feet and bearing of S 77° 17’ 31” E to a point of reverse curve; thence a curve to the right, which curve is defined by a delta angle of 83° 10’ 44”, a radius of 43.00 feet, an arc of 62.43 feet, a chord of 57.09 feet and bearing of S 42° 13’ 48” E to a point of compound curve in the westerly right of way of Virginia Route 419; thence with the westerly right of way, a curve to the right, which curve is defined by a delta angle of 11° 30’ 26”, a radius of 919.93 feet, an arc of 184.76 feet, a chord of 184.45 feet and bearing of S 05° 06’ 47” W to a point of tangency; thence S 10° 52’ 00” W 18.88 feet to Corner 1, the place of beginning and containing 8.59 acres, more or less. LESS AND EXCEPT that certain parcel of land known as Lot A, containing 0.428 acres of land, more or less, as more particularly described in Deed recorded as Instrument #04000796. Section 2. The following conditions voluntarily proffered shall apply in addition to the regulations contained in Chapter 106 of The Code of the City of Salem: {00461942.DOCX } 1. No uses shall be permitted in any portion of the property except the following: banks, retail sales, retail drug stores, food sales, wearing apparel shops, auto appliance services, home appliance services, barber and beauty shops, offices, theaters, assembly halls, restaurants (except the drive-in type), personal and professional services, churches, libraries, recreational facilities, and gasoline stations; 2. No structures over four (4) stories in height shall be permitted; 3. No flat or built-up roofs shall be permitted, the surface of which may be viewed from the interior spaces of other buildings on the property or from the ground; 4. No asphalt shingle roofs shall be permitted; 5. No window-type air conditioning units shall be permitted; 6. No heating, ventilating and air conditioning equipment shall be permitted to be exposed to public view, provided; however, that this shall not prevent the exposure to public view of factory manufactured solar heating panels; 7. No exposed concrete, cinder or expanded shale masonry units shall be permitted; 8. No cows, horses, pigs, goats, swine, fowl or pigeons shall be kept on the premises, nor shall any other animals or pets be kept on the premises which occasion obnoxious odors or are dangerous to the health or welfare of the other residents in the subdivision and no nuisance shall be maintained or permitted on the property; 9. No structure of a temporary character (trailer, basement, tent, shack, garage, or barn) or other outbuilding shall be used at any time as a residence either temporarily or permanently; 10. All service lines within the property shall be underground; and 11. Development (planned use-grading-access-construction) of the property will be consonant with and as a part of the development of the 80-acre McVitty estate. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be and the same are hereby repealed. {00461942.DOCX } This ordinance shall be in full force and effect ten (10) days after its final passage. Upon a call for an aye and a nay vote, the same stood as follows: John E. Saunders - William D. Jones - Byron Randolph Foley - James W. Wallace, III – Renee F. Turk – Passed: Effective: __________________________ Mayor ATTEST: ___________________________ H. Robert Light Clerk of Council City of Salem, Virginia (Illegible) 5/8" Capped Rebar Found (Illegible) 5/8" Capped Rebar Found Now or Formerly: Strauss Properties LLC Instrument 130001653 APN: 284-1-2.1 Asphalt Asphal t Wall Co n c r e t e S i d e w a l k R/W R/W Existing Slope Easement Deed Book 37,Page 716, Plat Book 2, Pages 39 - 40 & Plat Book 2, Pages 44 - 45 1910 10' Eas e m e n t t o B e l l A t l a n t i c V i r g i n i a C o m p a n y D eed Bo o k 2 5 8 , P a g e 5 5 3 14 1 0 . 0 ' 0. 5 ' C o n c r e t e C u r b ( T y p . ) 0. 5 ' C o n c r e t e C u r b ( T y p . ) N 79°0 8 ' 0 0 " W 2 2 4 . 0 0 ' M s d . S 1 0 ° 5 2 ' 0 0 " W 2 8 0 . 1 3 ' N 1 0 ° 5 2 ' 0 0 " E 1 5 7 . 6 6 ' L1 L 2 C 1 (Basis o f B e a r i n g ) R/ W Road Easement Deed Book 92 Page 115 13 LINE BEARING DISTANCE L1 6 :50.00' L2 1 :27.03' L3 1 :52.29' L4 1 :52.77' L5 1 (97.90' L6 6 (10.29' L7 6 (101.13' L8 1 (1.05' L9 6 (69.34' L10 1 (73.03' L11 1 :31.83' CURVE ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH C1 97.22'200.00' 6 (96.26' C2 77.78'148.54' 1 :76.89' C3 16.03'198.54' 6 (16.03' C4 255.84'262.91' 1 (245.86' C5 19.66'20.00' 6 :18.87' C6 55.30'319.00' 1 (55.23' C7 245.30'269.00' 6 :236.89' C8 85.46'261.48' 6 :85.08' C9 7.03'319.00' 1 (7.03' C10 55.18'269.00' 6 :55.08' 19 . 9 28.1 NOT TO SCALE 7+(%$6,6)25$//%($5,1*66+2:1+(5(21,61257+ :(67$67+(6287+/,1( OF THE SURVEYED PROPERTY, AND IS THE SAME BEARING RECORDED IN INSTRUMENT NO. 150002238, IN THE CLERK'S OFFICE FOR THE CIRCUIT COURT OF ROANOKE COUNTY, VIRGINIA. THERE IS NO VISIBLE EVIDENCE OF CEMETERIES ON SUBJECT PROPERTY. THE SUBJECT PROPERTY HAS DIRECT PHYSICAL ACCESS TO ELECTRIC ROAD, BRAEBURN DRIVE AND KEAGY ROAD A DEDICATED PUBLIC STREET OR HIGHWAY. Zoning Jurisdiction: Salem, Virginia Zoning Classification: HBD (Highway Business District) within the Urban Forest Overlay District Setback Lines Front: 30 Feet from street centerline Landscape Buffer: 15 Feet adjacent to the RB and RMF District Landscape Buffer: 8 Feet between parking area and right of way Maximum Building Height: 80 Feet Minimum Lot Area: 7,200 Sq. Feet Minimum Lot Frontage: 60 Feet Parking Requirements Shopping Center: 1 space per 250 sq. feet; Gas Station: 1 space per employee + 3 stacking spaces provided for each pump island per approved site plan. 302 regular spaces and 8 handicapped spaces required Zoning information has been provided by a Zoning Report by Zoning Info, Inc., dated June 15, 2021, Job No. 74122. Surveyor's Note: Setback lines shown hereon are based solely upon the information provided above, are to be used for reference purposes only and are subject to interpretation by the local zoning authority. Due to the lack of information regarding the location of the centerlines of the public right of ways abutting the surveyed property, front building setback lines have not been shown. 1. NO UNDERGROUND UTILITIES ARE SHOWN ON THIS SURVEY, ONLY ABOVE GROUND VISIBLE EVIDENCE OF UTILITIES ARE SHOWN. 2. ALL STATEMENTS WITHIN THE CERTIFICATION, AND OTHER REFERENCES LOCATED ELSEWHERE HEREON, RELATED TO: UTILITIES, IMPROVEMENTS, STRUCTURES, BUILDINGS, PARTY WALLS, PARKING, EASEMENTS, SERVITUDES, AND ENCROACHMENTS ARE BASED SOLELY ON ABOVE GROUND, VISIBLE EVIDENCE, UNLESS ANOTHER SOURCE OF INFORMATION IS SPECIFICALLY REFERENCED HEREON. 3. THIS SURVEY MEETS OR EXCEEDS THE SURVEY STANDARDS/STANDARDS OF CARE AS SET FORTH IN SECTION 3 OF THE 2021 ALTA/NSPS SURVEY REQUIREMENTS. 4. BASED UPON VISUAL OBSERVATION, THERE ARE PARTY WALLS LOCATED ON THE SUBJECT PROPERTY WITH RESPECT TO ADJOINING PROPERTIES AS SHOWN HEREON. 5. AT THE TIME OF THIS SURVEY, THERE WAS NO OBSERVABLE EVIDENCE OF ANY RECENT CHANGES IN STREET RIGHT-OF-WAY LINES EITHER COMPLETED OR PROPOSED, AND AVAILABLE FROM THE CONTROLLING JURISDICTION. THERE WAS NO OBSERVED EVIDENCE OF RECENT STREET OR SIDEWALK CONSTRUCTION OR REPAIRS. 6. THE ADDRESSES SHOWN HEREON ARE BASED ON POSTED ADDRESSES OBSERVED AT THE TIME THE FIELD WORK WAS PERFORMED. ©. THIS SURVEY DESCRIBES AND DEPICTS THE SAME LAND AS DESCRIBED IN THE TITLE COMMITMENT AS REFERENCED ABOVE. SHEET 1 OF 2 648$5()((7 THE PARCELS CONTAINED IN THE LEGAL DESCRIPTION ARE CONTIGUOUS WITHOUT ANY GAPS, GORES OR OVERLAPS. THERE IS NO OBSERVABLE EVIDENCE OF EARTH MOVING WORK, BUILDING CONSTRUCTION OR BUILDING ADDITIONS WITHIN RECENT MONTHS. 6Diie VICINITY MAP 5Ciii OBSERVED POTENTIAL ENCROACHMENTS FLOOD INFORMATION3 6Cvii PLATTED SETBACK OR RECORDED BUILDING RESTRICTION LINES 5Ei "SCHEDULE B - SECTION 2" ITEMS 6Bxii TITLE COMMITMENT INFORMATION 6Bi TITLE DESCRIPTION 6Diig SURVEYOR'S NOTES 4 LAND AREA 6Biv BEARING BASIS 5F CEMETERY NOTE 9 PARKING SPACES 5Biii ACCESS TO PROPERTY 16 EARTH MOVING NOTE 6Bvii CONTIGUITY STATEMENT 7 SURVEYOR'S CERTIFICATE AL T A / N S P S L A N D T I T L E S U R V E Y 6D i i k 2 $&5(6 REGULAR = 246 HANDICAP = 19 TOTAL = 265 6Diic NORTH ARROW & SCALE SUBSTANTIAL ABOVE GROUND FEATURES THAT WERE OBSERVED ON THE SUBJECT PARCEL, SUCH AS PARKING AREAS, DRIVES, WALKS, PLANTERS/LANDSCAPE AREAS AND OTHER, HAVE BEEN LOCATED AS SHOWN HEREON. NOTE: THERE WERE NO OBSERVED SUBSTANTIAL AREAS OF REFUSE ON THE SUBJECT PARCEL PER THE DATE OF THIS SURVEY. 8 SUBSTANTIAL FEATURES OBSERVED 18 10 "TABLE A" DIVISION/PARTY WALLS "TABLE A" BUILDING AREA "TABLE A" BUILDING HEIGHT "TABLE A" ADJOINING OWNERS "TABLE A" INTERSECTING STREET "TABLE A" EARTH MOVING NOTE VICINITY MAP CONTIGUITY STATEMENT RECORDED SETBACKS/RESTRICTIONS PROVIDED BY INSURED LEGEND & ABBREVIATIONS 6Diie TITLE COMMITMENT INFORMATION TYPE OF SURVEY SURVEYOR'S CERTIFICATE SURVEYOR'S NOTES ALTA/NSPS LAND TITLE SURVEY IDENTIFICATION TABLE 6Cvii 6Bvii 6Bxii 6Diid 6Diik 7 7b 7c 6Diig 13 14 16 "TABLE A" SUBSTANTIAL FEATURES OBSERVED8"TABLE A" PROPERTY ADDRESS2 "TABLE A" FLOOD INFORMATION3 "TABLE A" LAND AREA4 CEMETERY NOTE ACCESS TO PROPERTY5Biii 5Ei 5F "SCHEDULE B - SECTION 2" ITEMS TITLE DESCRIPTION6Bi SURVEYOR OBSERVED POTENTIAL ENCROACHMENTS5Ciii 6Diic NORTH ARROW & SCALE "TABLE A" BUILDING AREA7b "TABLE A" PARKING SPACES9 "TABLE A" UTILITY INFORMATION11 "TABLE A" RIGHT OF WAY CHANGES17TABLE "A" ZONING INFORMATION6 BEARING BASIS6Biv SA L E M , V I R G I N I A THIS DOCUMENT SHOULD BE CONSIDERED INVALID WITHOUT A LICENSED SURVEYOR'S SIGNATURE AND SEAL. NO ATTEMPT WAS MADE TO DETERMINE WETLANDS OR OTHER ENVIRONMENTAL ISSUES. RO A N O K E C O U N T Y RI D G E W O O D F A R M S 19 3 5 A N D 1 9 5 1 E L E C T R I C R O A D CERTIFICATE OF AUTHORIZATION # LSF001134 SURVEY PREPARED FOR AND ON BEHALF OF: AMERICAN SURVEYING & MAPPING, INC. 3191 MAGUIRE BLVD., SUITE 200 ORLANDO, FL 32803 PHONE: (407) 426-7979 FAX: (407) 426-9741 INFO@ASMCORPORATE.COM TO: STEWART LAND TITLE SERVICES, LLC; WELLS FARGO BANK, NATIONAL ASSOCIATION, ITS SUCCESSORS AND ASSIGNS; MID-OLYMPUS INCOME PLUS FUND LLC; MO SALEM, LLC; STEWART TITLE GUARANTY COMPANY: THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED WERE MADE IN ACCORDANCE WITH THE 2021 MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/NSPS LAND TITLE SURVEYS, JOINTLY ESTABLISHED AND ADOPTED BY ALTA AND NSPS, AND INCLUDES ITEMS 1, 2, 3, 4, 6(A), 6(B), 7(A), 7(B)(1), 7(C), 8, 9, 10, 13, 14, 16, 17, 18 GRAPHICALLY DEPICTED AND 19 OF TABLE A THEREOF. THE FIELD WORK WAS COMPLETED ON 06/02/2021. DATE OF PRELIMINARY PLAT OR MAP: JUNE 7, 2021 DATE OF FINAL PLAT OR MAP: JULY 13, 2021 ________________________________ Edward E. Northrop Virginia Registered Land Surveyor No. 0403002610 For and on behalf of Titan USA Commercial Real Estate Services, LLC SHEET 1: NOTES AND SURVEY SHEET 2: SURVEY BY GRAPHIC PLOTTING ONLY, THIS PROPERTY LIES WITHIN ZONE "X", AS SHOWN ON THE FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO. 510141 0143 G (MAP NO. 51161C0143G), WHICH BEARS AN EFFECTIVE DATE OF 09/28/2007, AND IS NOT IN A SPECIAL FLOOD HAZARD AREA. NO FIELD SURVEYING WAS PERFORMED TO DETERMINE THIS ZONE. ZONE "X" DENOTES AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN. TERMS, PROVISIONS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS FOR ASSESSMENTS, DEVELOPER RIGHTS, OPTIONS, AND OTHER MATTERS, IF ANY, AND ANY AMENDMENTS THERETO, APPEARING OF RECORD IN DECLARATION DATED FEBRUARY 4, 2004, RECORDED FEBRUARY 4, 2004, IN INSTRUMENT NO. 040000406 (CITY OF SALEM). BLANKET IN NATURE AND PARTY WALL SHOWN HEREON SLOPE EASEMENT RESERVED IN THE DEED TO COLONIAL AMERICAN NATIONAL BANK DATED MAY 19, 1975, RECORDED MAY 20, 1975, IN DEED BOOK 37, PAGE 716 (CITY OF SALEM). SHOWN HEREON EASEMENT GRANTED TO VIRGINIA AND TENNESSEE TELEPHONE CO. BY INSTRUMENT DATED SEPTEMBER 6, 1910, RECORDED OCTOBER 5, 1910 IN DEED BOOK 53, PAGE 329 (ROANOKE COUNTY). BLANKET IN NATURE EASEMENT GRANTED APPALACHIAN POWER COMPANY BY INSTRUMENT DATED MAY 1, 1979, RECORDED JUNE 26, 1979 IN DEED BOOK 62, PAGE 83 (CITY OF SALEM). SHOWN HEREON TERMS, CONDITIONS, RESTRICTIONS AND EASEMENTS SET FORTH IN THE RECIPROCAL EASEMENT AGREEMENT DATED FEBRUARY 21, 1984, AMONG RIDGEWOOD FARM VILLAGE CENTER, ET ALS, AND RECORDED MAY 16, 1984, IN DEED BOOK 92, PAGE 115 (CITY OF SALEM), AS AFFECTED BY THE AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT DATED MARCH 26, 2015, AMENDMENT DATED MARCH 26, 2015, RECORDED AS INSTRUMENT NO. 150000802. SHOWN HEREON EASEMENT GRANTED TO BELL ATLANTIC-VIRGINIA, INC. BY INSTRUMENT DATED OCTOBER 23, 1996, RECORDED DECEMBER 17, 1996 IN DEED BOOK 258, PAGE 553 (CITY OF SALEM). SHOWN HEREON EASEMENT GRANTED TO APPALACHIAN ELECTRIC POWER COMPANY BY INSTRUMENT DATED JUNE 30, 1939, RECORDED FEBRUARY 14, 1940 IN DEED BOOK 271, PAGE 267 (ROANOKE COUNTY). EASEMENT LOCATION CANNOT BE DETERMINED FROM THE INFORMATION PROVIDED IN THE DOCUMENT EASEMENT GRANTED APPALACHIAN ELECTRIC POWER COMPANY BY INSTRUMENT DATED NOVEMBER 8, 1939, RECORDED FEBRUARY 14, 1940 IN DEED BOOK 271, PAGE 274 (ROANOKE COUNTY). EASEMENT LOCATION CANNOT BE DETERMINED FROM THE INFORMATION PROVIDED IN THE DOCUMENT EASEMENT GRANTED TO APPALACHIAN ELECTRIC POWER COMPANY BY INSTRUMENT DATED JANUARY 29, 1946, RECORDED JUNE 26, 1946 IN DEED BOOK 340, PAGE 345 (ROANOKE COUNTY). EASEMENT LOCATION CANNOT BE DETERMINED FROM THE INFORMATION PROVIDED IN THE DOCUMENT EASEMENT GRANTED TO APPALACHIAN ELECTRIC POWER COMPANY BY INSTRUMENT DATED FEBRUARY 7, 1946, RECORDED JUNE 26, 1946 IN DEED BOOK 340, PAGE 346 (ROANOKE COUNTY). EASEMENT LOCATION CANNOT BE DETERMINED FROM THE INFORMATION PROVIDED IN THE DOCUMENT MATTERS SHOWN ON THE SURVEY RECORDED IN PLAT BOOK 2, PAGES 39 - 40, AND PLAT BOOK 2, PAGES 44 - 45 INCLUDING: A. EXISTING SLOPE EASEMENT; B. EXISTING APCO EASEMENTS; C. 20' SANITARY SEWER EASEMENT. SHOWN HEREON MATTERS AS SHOWN ON PLAT RECORDED PLAT BOOK 10, PAGE 9 (PARTIAL SURVEY OF THE SUBJECT LAND) INCLUDING: A. UNDERGROUND ELECTRIC LINES; B. ELECTRICAL TRANSFORMERS; C. SANITARY SEWER LINES AND MANHOLES; D. CLEANOUTS; E. DRAINAGE MANHOLES AND STORM DRAIN DROP INLET; F. GAS AND WATER LINES; G. 2 FOOT BUILDING ENCROACHMENT EASEMENT. ITEM G REFERENCED ABOVE IS SHOWN HEREON IN ADDITION TO THE ABOVE MATTERS, THE "SURVEY" SHOWS: A. PARTY WALL. RIGHTS OF OTHERS THERETO ENTITLED IN AND TO THE PARTY WALL; B. 4 FOOT BUILDING ENCROACHMENT (PB 10, PG 9). SHOWN HEREON TERMS AND PROVISIONS OF THE LEASE BY KROGER LIMITED PARTNERSHIP 1, AN OHIO LIMITED PARTNERSHIP, DATED MAY 9, 1984, MODIFIED AUGUST 15, 1986, MARCH 12, 2001, AND MARCH 31, 2015, AS DISCLOSED BY INSTRUMENT RECORDED AS INSTRUMENT NO. 160000177. LEASED IMPROVEMENTS SHOWN HEREON 9 11 12 13 14 15 16 17 18 19 Electric Road Keagy R o a d Ke a g y L a n e So u t h w e s t Rid g e w o o d Driv e South Clearin g Road Braeburn Drive 419 685 419 10 20 21 22 SEE SHEET 2 OF 2 6Diid LEGEND AND ABBREVIATIONS PSX CONCRETE SURFACE NO PARKING AREA HANDICAP PARKING (R)RECORD DESCRIPTION SQUARE FEETSQ.FT. PARKING SPACE - Telephone Pedestal T - Telephone Box EB - Electric Box/Cabinet - Electric Meter - Cleanout M - Manhole - Light Pole - Storm Manhole WV - Water Valve - Sanitary Manhole - Air Condition Unit - Drill Hole Set - 5/8" Rebar Set with Cap Stamped - Gas Meter - Bollard Post - Sign MB - Mail Box - Water Meter - Fire Hydrant - Catch Basin - Curb Inlet Basin with Grate R/W P.O.B.- Place/Point of Beginning - Right-of-Way - Fence as Noted ou - Overhead Utilities - PK/MAG Nail Found as Noted - Monumentation Found as Noted "NORTHROP VA LS 0403002610" MBMBMB MW MW WV WV WV P.O.B. MAG Nail Found MAG Nail Found (Illegible) 5/8" Capped Rebar Found Bent (Illegible) 5/8" Capped Rebar Found Bent S54°04'56"E 0.40' (Illegible) 5/8" Capped Rebar Found MAG Nail Found TOTAL LAND AREA 6T)HHW $FUHV Braeburn Driv e 11 0 ' P u b l i c R i g h t o f W a y - A s p h a l t P a v e m e n t Asphalt Variable Widt h P u b l i c R i g h t o f W a y - A s p h a l t P a v e m e n t Asphalt Ri d g e w o o d D r i v e Asphalt El e c t r i c R o a d ( V A R o u t e 4 1 9 ) Va r i a b l e W i d t h P u b l i c R i g h t o f W a y - A s p h a l t P a v e m e n t Asphalt Asphalt Asphalt Asphalt Asphalt Asphalt Grass Asphalt Asphalt 5 Parkin g S p a c e s 5 Parkin g S p a c e s 4 Parkin g S p a c e s 4 Parking S p a c e s 4 Parking S p a c e s 4 Parking S p a c e s 15 Parki n g S p a c e s 15 Parki n g S p a c e s 14 Parkin g S p a c e s 14 Parki n g S p a c e s 11 Parki n g S p a c e s 11 Parki n g S p a c e s 23 Parkin g S p a c e s 23 Parki n g S p a c e s 20 Parkin g S p a c e s 8 Parkin g S p a c e s 20 Parki n g S p a c e s 5 Parking S p a c e s 5 Parking S p a c e s 13 P a r k i n g S p a c e s 5 P a r k i n g S p a c e s 8 P a r k i n g S p a c e s Gate Po s t Ga t e Po s t Gate Po s t Wo o d F e n c e Ir o n F e n c e Fence Fence Wood Fence Concrete Steps St e p s Deck Shed Brick Dr i v e Planter Wall (Typ.) 0. 5 ' C o n c r e t e C u r b ( T y p . ) Now or Formerly: MPW Group LLC Instrument 060003898 APN: 284-1-2 Now or Formerly: Core Hospitality LLC Instrument 050001852 APN: 284-1-2.6 Now or Formerly: Good Pasture Properties LLC Instrument 040000796 APN: 284-1-2.7 Concret e S i d e w a l k Grass Vault Asphalt Concret e S i d e w a l k C o n c r e t e S i d e w a l k Co n c r e t e S i d e w a l k Trench D r a i n T EB Co n c r e t e S i d e w a l k Pump(T y p . ) 4 S p a c e s 3 Spaces 4 P a r k i n g S p a c e s 3 S p a c e s Gr a s s Gr a s s R/ W R/W R/ W R/ W Dumpst e r PARCEL 1 SUBDIVISION OF PROPERTY OF G.L. MATTERN AND RUBY M. MATTERN (THE PLAT) LOT A PLAT BOOK 10 PAGE 9 Wall Wall 20' Sa n i t a r y S e w e r E a s e m e n t Plat B o o k 2 , P a g e s 3 9 - 4 0 , Plat B o o k 2 , P a g e s 4 4 - 4 5 , Plat B o o k 1 0 , P a g e 9 19 2 0 . 0 ' Temporary Easement For Temporary Turn-A-Round Plat Book 2, Pages 39 - 40 & Plat Book 2, Pages 44 - 45 Ap p r o x & E x i s t i n g Ap c o E a s e m e n t R o a n o k e C o u n t y Pla t B o o k 2 , P a g e s 3 9 - 4 0 & Pla t B o o k 2 , P a g e s 4 4 - 4 5 19 Ex i s t i n g A p c o E a s e m e n t De e d B o o k 6 2 , P a g e 8 3 & N e w P U E Pl a t B o o k 2 , P a g e s 3 9 - 4 0 & Pl a t B o o k 2 , P a g e s 4 4 - 4 5 19 15.0' 19 12 20 LINE BEARING DISTANCE L1 S 73°01'00" W 50.00' L2 N 16°59'00" W 27.03' L3 N 67°00'00" W 52.29' L4 N 16°22'00" W 52.77' L5 N 82°16'00" E 97.90' L6 S 23°32'49" E 10.29' L7 S 79°07'55" E 101.13' L8 N 10°52'05" E 1.05' L9 S 79°07'55" E 69.34' L10 N 10°52'05" E 73.03' L11 N 79°07'55" W 31.83' CURVE ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH C1 97.22'200.00'27°51'00"S 03°03'30" E 96.26' C2 77.78'148.54'30°00'00"N 04°08'00" W 76.89' C3 16.03'198.54'4°37'34"S 16°49'13" E 16.03' C4 255.84'262.91'55°45'17"N 11°30'38" E 245.86' C5 19.66'20.00'56°18'30"S 11°47'49" W 18.87' C6 55.30'319.00'9°55'54"N 34°59'09" E 55.23' C7 245.30'269.00'52°14'50"S 56°08'35" W 236.89' C8 85.46'261.48'18°43'32"S 75°48'40" W 85.08' C9 7.03'319.00'1°15'48"N 39°19'13" E 7.03' C10 55.18'269.00'11°45'10"S 76°23'26" W 55.08' 0 . 5 ' C o n c r e t e C u r b ( T y p . ) 0.5' Con c r e t e C u r b ( T y p . ) 0. 5 ' C o n c r e t e C u r b ( T y p . ) 6 : 6 ( 6 : 1 : L3 L 4 L5 L 6 C 2 C 3 C4 C5 C6 C7 C8 C9 C10 L7 L8 L9 L1 0 L11 1 ( VESTED IN: Wood Salem Center LLC Instrument: 150002238 APN: 284-1-2.2 VESTE D I N :Wood S a l e m C e n t e r L L C Instru m e n t : 1 5 0 0 0 2 2 3 8 APN: 2 8 4 - 1 - 2 . 3 TOTAL L A N D A R E A : 11,244 S q u a r e F e e t 0.258 A c r e s Wood F e n c e Ov e r h a n g Ov e r h a n g One Story Brick Masonry Building 69,101 Square Feet Height=31' #1903-1927 Ov e r h a n g Ov e r h a n g One Sto r y B r i c k M a s o n r y B u i l d i n g 11,244 S q u a r e F e e t Height= 1 5 . 5 ' #1949- 1 9 6 9 One Story Brick Masonry Building 11,244 Square Feet Height=11' Ov e r h a n g Ov e r h a n g Existin g B u i l d i n g Schedule A Less & Except Party Wall Instrument No. 040000406 9 7 P a r k i n g S p a c e s 7 P a r k i n g S p a c e s 6 P a r k i n g S p a c e s 10.0 86 . 2 70.4 #1 9 0 3 44 . 8 38.5 2 0 . 9 5 4 . 1 1. 0 29 . 8 28.0 ©. SHEET 2 OF 2 AL T A / N S P S L A N D T I T L E S U R V E Y 6D v i 6Diic NORTH ARROW & SCALE 2 SA L E M , V I R G I N I A RO A N O K E C O U N T Y RI D G E W O O D F A R M S 19 3 5 A N D 1 9 5 1 E L E C T R I C R O A D SEE SHEET 1 OF 2 6Diid LEGEND AND ABBREVIATIONS PSX CONCRETE SURFACE NO PARKING AREA HANDICAP PARKING (R)RECORD DESCRIPTION SQUARE FEETSQ.FT. PARKING SPACE - Telephone Pedestal T - Telephone Box EB - Electric Box/Cabinet - Electric Meter - Cleanout M - Manhole - Light Pole - Storm Manhole WV - Water Valve - Sanitary Manhole - Air Condition Unit - Drill Hole Set - 5/8" Rebar Set with Cap Stamped - Gas Meter - Bollard Post - Sign MB - Mail Box - Water Meter - Fire Hydrant - Catch Basin - Curb Inlet Basin with Grate R/W P.O.B.- Place/Point of Beginning - Right-of-Way - Fence as Noted ou - Overhead Utilities - PK/MAG Nail Found as Noted - Monumentation Found as Noted "NORTHROP VA LS 0403002610" MBLU Location Owner Name Co-Owner Name Address 1 Address 2 City, State, Zip 277/ 1/ 3.1/ / 2000 RIDGEWOOD DR NATIONWIDE HEALTH PROPERTIES INC 2001 RIDGEWOOD DR SALEM, VA 24153 277/ 1/ 3.2/ / 1875 ELECTRIC RD WEC 99J-77 LLC ONE CVS DRIVE WOONSOCKET, RI 02895 277/ 1/ 4/ / 1900 SOUTH CLEARING RD MACHER, RICHARD H MACHER, ELIZABETH K 1900 SOUTH CLEARING RD SALEM, VA 24153 283/ 2/ 1/ / 1900 ELECTRIC RD LEWIS-GALE MEDICAL CENTER LLC PO BOX 1504 NASHVILLE, TN 37202 283/ 2/ 1.1/ / 1886 ELECTRIC RD VIRGINIA EASTERN COMPANY LLC PO BOX 201 ROANOKE, VA 24002 284/ 1/ 2/ / 1650 BRAEBURN DR MPW GROUP LLC PO BOX 18 SALEM, VA 24153 284/ 1/ 2.1/ / 2929 KEAGY RD STRAUSS PROPERTIES LLC 5100 BERNARD DR ROANOKE, VA 24018 284/ 1/ 2.2/ / 1935 ELECTRIC RD MO SALEM LLC 8044 MONTGOMERY RD STE 370 CINCINNATI, OH 45236 284/ 1/ 2.3/ / 1951 ELECTRIC RD MO SALEM LLC 8044 MONTGOMERY RD STE 370 CINCINNATI, OH 45236 284/ 1/ 2.4/ / 2800 KEAGY RD NOTTING HILL LLC 400 ACADEMY ST SALEM, VA 24153 284/ 1/ 2.5/ 1901/ 1901 SOUTH CLEARING RD WALKER, CODY WALKER, HILDA 1901 SOUTH CLEARING RD SALEM, VA 24153 284/ 1/ 2.5/ 1903/ 1903 SOUTH CLEARING RD DAVIDSON PATRICIA B 1903 S CLEARING RD SALEM, VA 24153 284/ 1/ 2.5/ 1905/ 1905 SOUTH CLEARING RD WHITE KENNETH R SR 1905 SOUTH CLEARING RD SALEM, VA 24153 284/ 1/ 2.5/ 1907/ 1907 SOUTH CLEARING RD FRANCIS FAMILY TRUST (THE)495 BOOHER DR BRISTOL, TN 37620 284/ 1/ 2.5/ 1909/ 1909 SOUTH CLEARING RD H P LLC 728 S ATLANTIC AVE VIRGINIA BEACH, VA 23451 284/ 1/ 2.5/ 1911/ 1911 SOUTH CLEARING RD ROBERT J TOPPING TRUST 1911 S CLEARING RD SALEM, VA 24153 284/ 1/ 2.5/ 1913/ 1913 SOUTH CLEARING RD WEST, RAE N 3490 PINE DR SALEM, VA 24153 284/ 1/ 2.5/ 1915/ 1915 SOUTH CLEARING RD SAZA PROPERTIES LLC 11035 BOOKER T WASHINGTON HWY WIRTZ, VA 24184 284/ 1/ 2.5/ 1917/ 1917 SOUTH CLEARING RD WADE JUSTIN LEWIS 1917 SOUTH CLEARING RD SALEM, VA 24153 284/ 1/ 2.5/ 1919/ 1919 SOUTH CLEARING RD CLOUSER, JANET M 1919 SOUTH CLEARING RD SALEM, VA 24153 284/ 1/ 2.5/ 1921/ 1921 SOUTH CLEARING RD WEBSTER ANITA J 2034 DARLINGTON RD SW ROANOKE, VA 24018 284/ 1/ 2.5/ 1923/ 1923 SOUTH CLEARING RD HOLLAR AMY K 1923 S CLEARING RD SALEM, VA 24153 284/ 1/ 2.6/ / 2898 KEAGY RD CORE HOSPITALITY LLC 2898 KEAGY RD SALEM, VA 24153 284/ 1/ 2.7/ / 1630 BRAEBURN DR AG PROPERTY LLC 113 WINDWARD DR SW ROANOKE, VA 24018 284/ 1/ 2.5/ / 1900 BLK S CLEARING RD RIDGEWOOD FARM CONDOMINIUMS UNIT OWNERS ASSOCIATION 2911 S CLEARING RD SALEM, VA 24153 AG - Agriculture District BCD - Business Commerce District CBD - C ommuni ty Business District CUD - C ollege/U niversity District DBD - D owntow n Business District HBD - H ighway Business District HBD/HM - Highw ay Business/Heavy Manufacturing District HBD/LM - Highw ay Business/Li ght Manufacturing District HM - Heavy Manufactur ing Distr ict LM - Light Manufacturing District LM/HM - Light M anufacturing/Heavy Manufacturing District MHP - M anufactured Home Par k District PUD - Planned Unit District RB - Residential Business District RMF - Residential Multi-Family District RMF/RB - Residential Multi-Family/Residential Business District RSF - Residential Single Family District RSF/HBD - Residential Single/Highway Business District RSF/LM - Residential Single Family/Light Manufacturing RSF/RB - Residential Single Family/Residential Business District RSF/RMF - Residential Single Family/Residential Multi-Family District RSF/TBD - Residential Single Family/Transitional Business District TBD - Transitional Business District EXISTING ZONING FUTURE LAND USE Bra e b u rn D r i v e Keagy Road R idgewoodDrive R id gewoodDrive K e a g y R o a d Electric Road Virginia Route 419SouthClearingRoad(P riv a t e ) Lewis-Gale Hospital, Inc., PB 5, PG 85 I n n at Rid g e w ood Farms,LLC,PB7,PG34 G L & Ruby M Mattern, PB6,PG10 Lewis-GaleHospital,Inc.,PB5,PG85 Ridgewood Farm Village Center, PB 2, PGS 39, 40 G L & R u b y M M a tt e r n , P B 6 , P G 1 0 RidgewoodFarm C o n d o.,P h a s e 1 2,P B 8,P G 4 &Phase13,PB8,PG59 Edens&Avant,PB 10,P G 9 M &V Associates,PB10,PG21 R i d g e w o o d F a r m V i l l a g e C e n t e r ,P B 2 ,P G S 3 9 ,4 0GL&R u b y M M a t t e r n (R e s u b .P a r c e l F -3 B 1 ,P a r c e l F-3 B2)PB 7,PG 66 A 1 1 2 A 1 2 A 2.5-1901 2.5-1903 2.5-1907 2.5-1905 2.5-1909 2.5-1911 2.5-1913 2.5-1915 2.5-1917 2.5-1919 2.5-1921 2.5-1923 5 0 110' R/WScale Varies Roanoke County City of Roanoke City of SalemCity of Roanoke City of Salem Roanoke County Phase 12 2.2 2.3 2.1 2.4 2.6 2 2.7 2.5 60.14 19.66 255.84 62.43 3 1 . 2 4 3 9 .5 7 % % % 1 0 9 . 6 9 96.46 74.24 6 7.68 33.39 26.04 39.27 5 0 .0 0 1 3 . 1 9 9 7 .2 1 157.66 280.13 1 8 2 .2 2 110.08 115.73 91.70 9.78 6.00 70.70 7.03 101.13 1.03 31.83 73.03 114.03 9 7 .9 0 4 2.13 34.28 1 7 1 .9 8 1 0 . 2 9 44.49 64.39 28.14 198.33 203.64 55.00 112.06 86.05 84.61 164.47 258.00 300.50 1 7 2 . 5 7 32.05 1 6 . 0 3 7 7 .7 8 256.05 224.00 225.00 145.04 105.56 5.0 236.00 262.00 4.00 203.08 5 6.4 8 2 5. 31 510.66 71.77 290.89 80.85 52.29 2 5 0 .8 2 190.13 5 5 .1 7 109.79 30.00 59.5828.2 3 5 7 .2 2 69.34 48.26 318.40 179.10 5 2 . 7 7 % 2 9 6 . 9 4 1 8 4 .0 8 1 1 1935 - 1927 - 1925 - 1923 -1921 - 1919 -1917 2 9 2 9 1886 1980-1900 1969-1967-1951 1630 1900BlkRidgewoodDrive 1650 1915 -1913 - 1911 - 1909 - 1907 - 1905 - 1903 2.088 Ac. 3.166 Ac. 0.428 Ac. 1.14 Ac. 1.394 Ac. 5.702 Ac. 1.07 Ac. 1.72 Ac. 0 100 20050 Feet±1 inch = 100 fe et MARCH 2022 PLANNING COMMISSION ITEM 4B1923 AND 1951 ELECTR IC RD. CITY OF SALEM Community Development DepartmentP.O. Box 869Salem, Virginia 24153-0869Phone: (540) 375-3032 Tax Parcels 284-1-2.2 & 284-2-2.3 Buildings Parcels City Limits Comme rcia l Dow ntown Econo mic De velopme nt A rea In dus trial In stitutio na l Mixed Use Public Pa rks and R ecre atio na l Reside ntia l Tran sitio nal Ta x Parcels 284 -1 -2.2 & 284-2-2 .3 Bu ildings Pa rce ls City Limits 1923 and 1951 Electric Road Legal Description: Beginning at a point in the westerly right of way of Virginia Route 419, more particularly defined as Corner 1, as shown on the plat showing Subdivision of Property of G.L. Mattern and Ruby M. Mattern as recorded in the Clerk’s Office of the Circuit Court of the City of Salem, Virginia in Plat Book 2, Page 15; thence with the westerly right of way S 10° 52’ 00” W 422.47 feet to a point; thence leaving the westerly right of way of Virginia Route 419, N 79° 08’ 00” W 224.00 feet to a point; thence S 10° 52’ 00” W 280.13 feet to a point in the northerly right of way of Keagy Road; thence with the northerly right of way S 73° 01’00” W 50.00 feet to a point; thence leaving the northerly right of way of Keagy Road, N 16° 59’00” W 27.03 feet to a point of curve; thence with a curve to the right, which curve is defined by a delta angle of 27° 51’00”, a radius of 200.00 feet, an arc of 97.22 feet, a chord of 96.26 feet and bearing of N 03° 03’ 30 W to a point of tangency; thence N 10° 52’00” E 157.66 feet to a point of curve; thence with a curve to the left, which curve is defined by a delta angle of 30° 00’ 00”, a radius of 148.54 feet, an arc of 77.78 feet, a chord of 76.89 feet and bearing of N 04° 08’ 00” W to a point of reverse curve; thence with a curve to the right, which curve is defined by a delta angle of 4° 37’ 34”, a radius of 198.54 feet, an arc of 16.03 feet and bearing of N 16° 49’ 13” W to a point; thence N 79° 08’ 00” W 225.00 feet to a point; thence N 67° 00’ 00” W 52.29 feet to a point in the easterly right of way of Ridgewood Drive; thence with the easterly right of way, a curve to the left, which curve is defined by a delta angle of 55° 45’ 17”, a radius of 262.91 feet, an arc of 255.84 feet, a chord of 245.86 feet and bearing of N 11° 30’ 38” E to a point of tangency; thence N 16° 22’ 00” W 52.77 feet to a point of curve; thence with a curve to the right, which curve is defined by a delta angle of 56° 18’ 30”, a radius of 20.00 feet, an arc of 19.66 feet, a chord of 18.87 feet and bearing of N 11° 47’ 49” E to a point of reverse curve in the southerly right of way of Braeburn Drive; thence with the southerly right of way of Braeburn Drive, a curve to the left, which curve is defined by a delta angle of 09° 55’ 54”, a radius of 319.00 feet, an arc of 55.30 feet, a chord of 55.23 feet and bearing of N 34° 59’ 09” E to a point of reverse curve; thence with a curve to the right, which curve is defined by a delta angle of 52° 14’ 50”, a radius of 269.00 feet, an arc of 245.30 feet, a chord of 236.89 feet and bearing of N 56° 08’ 35” E to a point of tangency; thence N 82° 16’ 00” E 97.90 feet to a point; thence S 23° 32’ 49” E 10.29 feet to a point of curve; thence a curve to the right, which curve is defined by a delta angle of 42° 46’ 56”, a radius of 261.48 feet, an arc of 195.24 feet, a chord of 190.74 feet and bearing of N 87° 50’ 39” E to a point of tangency, thence S 70° 45’ 53” E 30.00 feet to a point of curve; thence a curve to the left, which curve is defined by a delta angle of 13° 03’ 17”, a radius of 261.48 feet, an arc of 59.58 feet, a chord of 59.45 feet and bearing of S 77° 17’ 31” E to a point of reverse curve; thence a curve to the right, which curve is defined by a delta angle of 83° 10’ 44”, a radius of 43.00 feet, an arc of 62.43 feet, a chord of 57.09 feet and bearing of S 42° 13’ 48” E to a point of compound curve in the westerly right of way of Virginia Route 419; thence with the westerly right of way, a curve to the right, which curve is defined by a delta angle of 11° 30’ 26”, a radius of 919.93 feet, an arc of 184.76 feet, a chord of 184.45 feet and bearing of S 05° 06’ 47” W to a point of tangency; thence S 10° 52’ 00” W 18.88 feet to Corner 1, the place of beginning and containing 8.59 acres, more or less. LESS AND EXCEPT that certain parcel of land known as Lot A, containing 0.428 acres of land, more or less, as more particularly described in Deed recorded as Instrument #04000796. Planning Commission Meeting MINUTES Wednesday, April 13, 2022, 7:00 PM Work Session 6:00PM Council Chambers Conference Room, City Hall, 114 North Broad Street: WORK SESSION 1.Call to Order A work session of the Planning Commission of the City of Salem, Virginia, was held in Council Chambers Conference Room, City Hall, 114 North Broad Street, Salem, Virginia, at 6:00 p.m. on April 13, 2022; there being the members of said Commission, to wit: Vicki G. Daulton, Chair; Denise P. King, Vice Chair; Reid A. Garst, II; Jackson Beamer; and Neil L. Conner; together with H. Robert Light, Assistant City Manager and Secretary Pro Tem, ex officio member of said Commission to wit; Charles E. Van Allman (virtual), Director of Community Development; Mary Ellen Wines, Zoning Administrator; and Jim Guynn, City Attorney Jim Guynn; and the following business was transacted: Chair Daulton called the meeting to order at 6:02 p.m. and reported that this date, place and time had been set for the Commission to hold a work session. 2.New Business A.Discussion of items on the April 13th agenda A discussion was held regarding the request of Philip M. and Rachel C. Knouff, property owners, for the issuance of a Home Occupation Permit to allow a small- scale wholesale cut flower farm (garden) on the property located at 275 Fort Lewis Boulevard (Tax Map #130-2-22). A discussion was held regarding the request of MO Salem, LLC, property owner, and Midland Atlantic Properties, property owner's management affiliate, to rezone the properties located at 1923 Electric Road and 1951 Electric Road (Tax Map #'s 284-1-2.2 and 284-1-2.3) from HBD with conditions to HBD with amended conditions to allow retail sales. 3.Adjournment Chair Daulton inquired if there were any other items for discussion and hearing Item #6A Date: 4/25/2022 none, adjourned the work session at 6:52 p.m. RE GU L AR SE SSI ON 1.C all to Order A regular meeting of the Planning C ommission of the C ity of Salem, Virginia, was held after due and proper notice in the C ouncil C hambers, C ity Hall, 114 North Broad Street, Salem, Virginia, at 7:00 p.m., on April 13, 2022. Notice of such hearing was published in the March 31, and April 7, 2022, issues of the "Salem Times Register," a newspaper published and having general circulation in the City of Salem. All adjacent property owners were notified via the U. S. Postal Service. T he Commission, constituting a legal quorum, presided together with J im H. Guynn, J r., City Attorney; H. Robert Light, Assistant City Manager and Executive Secretary Pro Tem, ex officio member of said Commission, to wit; Charles E. Van Allman, J r., Director of Community Development (virtual); and Mary Ellen Wines, Zoning Administrator; and the following business was transacted: C hair Daulton called the meeting to order at 7:00 p.m. 2.Pledge of Allegiance 3.C onsent Agenda A.Minutes C onsider acceptance of the minutes from the March 16, 2022, work session and regular meeting. Neil Conner motioned C onsider acceptance of the minutes from the March 16, 2022, work session and regular meeting as amended (change Vice Chair to Chair Daulton on adjournment).. Denise King seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King 4.New Business A.Home Occupation P ermit Hold public hearing to consider the request of Philip M. and Rachel C. Knouff, property owners, for the issuance of a Home Occupation Permit to allow a small-scale wholesale cut flower farm (garden) on the property located at 275 Ft. Lewis Boulevard. (Tax Map # 130-2-22). Staff noted the following: T he subject property consists of a single parcel located on the east side of Fort Lewis Boulevard southeast of the intersection of Valleydale Road and Fort Lewis Boulevard. T he size is approximately 1.779 acres and contains one single-family dwelling. T he petitioner is requesting a home occupation permit to operate a small-scale flower farm in the rear yard. T he homeowner would grow flowers, cut them, and deliver them to local florists for wholesale purchase. T he garden area would not exceed 1/8 of an acre. It will be managed with a push mower and manual garden tools. Mulch and ground covers will be used for weed management and synthetic fertilizers, pesticides and herbicides will be avoided. Flowers, when ready, will be cut and delivered by the applicant in their personal vehicle. No customers will be allowed on the premises and there will be no employees. Rachel C. Knouff, 275 Fort Lewis Boulevard, property owner, appeared before the C ommission to explain the request; she stated that she would like to be allowed to sell cut flowers to local florists and wholesale; it would be an electronic transaction and she would deliver the flower off premises--no customers would come to the property; it would allow her to fill a market niche for fresh floral goods; C O VID created an opportunity where product cannot arrive as quickly as needed or is harder to source; therefore, local growers can provide a fresher flower and better quality to florists. C hair Daulton questioned when the business would begin, and Vice C hair King questioned if it would be a year-round business. Mrs. Knouff stated that she would begin selling this summer as she already has flowers growing for her personal use and in hopes of being approved for her request; she also stated that winter would be used for growing, not cutting flowers. Member Beamer questioned if she grew the flowers in a greenhouse. Mrs. Knouff explained the structure she will use--a "caterpillar" where you use PVC piping to bend into a hoop anchored into the ground with a cover to create an environment (tunnel) for the plants to grow without being destroyed by wind, etc. T he rows would be no more than 4 feet high and three feet wide. She has one florist she has contacted where she works as a wedding designer; there would not be any employees other than herself. Member Garst stated that the application limits the area for plantings to 1/8 acre and would like for the request to be approved administratively if she wants to expand the area in the future. Mrs. Knouff stated that she doesn't plan to expand yet, but would like the option to be able to do so in the future. No other person(s) appeared before the Commission regarding the request. Reid Garst motioned approve request of Philip M. and Rachel C. Knouff, property owners, for the issuance of a Home Occupation Permit to allow a small-scale wholesale cut flower farm (garden) on the property located at 275 Fort Lewis Boulevard (Tax Map #130-2-22) on condition any changes are to be approved administratively by staff.. J ackson Beamer seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King B.Amendment to the Zoning Ordinance Hold public hearing to consider the request of MO Salem, LLC , property owner and Midland Atlantic Properties, property owner's management affiliate, to rezone the properties located at 1923 Electric Road and 1951 Electric Road (Tax Map # 284-1-2.2 and Tax Map # 284-1-2.3) from HBD with conditions to HBD with amended conditions to allow retail sales. Staff noted the following: When the Ridgewood Farms development was rezoned in 1979, there were numerous voluntarily proffered conditions placed on the proposed development. One of those conditions must be amended in order for a tobacco/vape retail store to operate within an existing storefront. T he properties are currently zoned HBD Highway Business District, which allows for retail sales by right; however, when the property was rezoned to B3 in 1979, the conditions specifically allowed for the following retail sales: drug stores, food sales, wearing apparel shops, auto appliance services, and home appliance services. T he petitioners are requesting the removal of the specific retail uses and the addition of retail sales in its entirety. T his would remove the requirement of future petitions should additional other types of retail sales businesses wish to occupy the premises. Fenton C hilders, 6120 Sandhurst Drive, Roanoke, VA, leasing agent for Ridgewood Farms appeared before the Commission on behalf of MO Salem, LLC, property owner, to explain the request; he stated that current owners purchased the property in July 2021 and want to "spiff up" the center and give it new life. A new potential tenant found out that the current zoning does not approve for the use of retail sales of tobacco and e-cigarettes. The shopping center was developed in 1984 with conditions more restrictive than the current zoning code for retail sales. He noted that the zoning was amended in 2014 to allow for the installation of gas pumps. He requested that the request be approved to allow for broader retail sales. Vice Chair King questioned what space the business would go in. Mr. Childers stated that it would either be the vacant space beside Tuesday Morning, which had been previously occupied by an orthopedic business; or the former Subway located next to Kimball Tax Service. No other person(s) appeared related to the request. Neil Conner motioned approve request of MO Salem, LLC, property owner and Midland Atlantic Properties, property owner's management affiliate, to rezone the properties located at 1923 Electric Road and 1951 Electric Road (Tax Map #'s 284- 1-2.2 and 284-1-2.3) from HBD with conditions to HBD with amended conditions to allow retail sales. Denise King seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King 5.Adjournment On motion by Member Conner and duly carried, the meeting was adjourned at 7:16 p.m. City Council meeting, April 25, 2022, 6:30 p.m. Council Chambers, City Hall, 114 North Broad Street Item #6D Date: 5/09/2022 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: May 9, 2022 AGENDA ITEM: Amendment to Purchasing Policy and Procedures Manual SUBMITTED BY: Rosemarie B. Jordan, Director of Finance SUMMARY OF INFORMATION: The City established a purchasing policy and procedures manual to promote a more effective and efficient procurement system in compliance with the Virginia Public Procurement Act. Article 2034 (previously Article 2033) of the manual has been updated to outline the City’s process for competitive negotiation with the lowest responsible bidder when bid amounts exceed available funds, as allowed by the Virginia Public Procurement Act, section 2.2-4318. Article 2043 has been added to incorporate Uniform Guidance requirements related to procurement of goods and services paid for with federal funding. STAFF RECOMMENDATION: It is staff’s recommendation that City Council adopt Resolution 1427 updating the purchasing policy and procurement manual as described above, effective upon passage. IN THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, May 9, 2022: RESOLUTION 1427 WHEREAS, the Virginia Public Procurement Act (Section 11-35, et seq. of the 1950 Code of Virginia, as amended) provides for public policies and requirements pertaining to governmental procurement from both tax sources and nongovernmental sources; and WHEREAS, the Council of the City of Salem has previously adopted a formal, written purchasing policy, in full and complete compliance with the requirements of the said Virgi nia Public Procurement Act; and WHEREAS, the Council of the City of Salem, Virginia, wishes to revise its purchasing policy; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, THAT the Purchasing Policy, Article 2034, is hereby amended, and Article 2043 is hereby added. These Articles are attached hereto and made a part hereof the official Purchasing Policy of the City of Salem, Virginia, and shall become effective May 9, 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 – Renee F. Turk – ATTEST: H. Robert Light Clerk of Council 2034 NEGOTIATION WITH LOWEST RESPONSIBLE BIDDER Virginia Public Procurement Act §2.2-4318 Unless canceled or rejected, a responsive bid from the lowest responsible bidder shall be accepted as submitted, except that if the bid from the lowest responsible bidder exceeds available funds, the City may negotiate with the apparent low bidder to obtain a contract price within available funds. However, the negotiation may be undertaken only under conditions and procedures described in writing and approved by the City prior to issuance of the Invitation to Bid and summarized therein. If the bid from the lowest responsive and responsible bidder exceeds available funds, the department may negotiate with the apparent low bidder to obtain a contract price within available funds if the solicitation contains substantially the following language: “The City reserves the right to negotiate with the apparent lowest responsive and responsible bidder pursuant to §2.2-4318 of the Code of Virginia, to obtain a contract price within the funds available if such low bid exceeds the available funds. The conditions and procedures under which such negotiation may be undertaken are that the appropriate City officials shall determine that the lowest responsive and responsible bid exceeds available funds and notify such bidder in writing of the City’s desire to negotiate with the apparent low bidder. Thereafter, negotiations may be held to obtain a contract within available funds involving discussions of reduction of quantity, or other cost saving mechanisms. Any such negotiated contract shall be subject to final approval of the City, in the sole discretion of the City” (§ 2.2-4318, VPPA). If such bidder decides to negotiate under those circumstances, the decision must be documented in writing in advance of the negotiations. Otherwise, unless canceled or rejected, a responsive bid from the lowest responsible bidder shall be accepted as submitted. “Available funds” are generally considered those budgeted by the department for the requirement and designated as such prior to the public opening of the ITB. The purpose of this provision is not to force a bidder to take a lower price but rather to negotiate an acceptable change in requirements, including a price agreeable to both parties. Negotiations might include an extended delivery date, reduced quantity, different accessories, etc., with a corresponding reduction in price. 2043 COMPLIANCE WITH CONDITIONS ON FEDERAL GRANTS OR CONTRACTS Uniform Guidance Procurement Standards §200.317-§200.326 Where a procurement transaction involves the expenditure of federal assistance or contract funds, the receipt of which is conditioned upon compliance with mandatory requirements in federal laws or regulations not in conformance with the provisions of this chapter, the City may comply with such federal requirements, notwithstanding the provisions of this chapter, only upon the written determination of the City Manager that acceptance of the grant or contract funds under the applicable conditions is in the public interest. Such determination shall state the specific provision of this chapter in conflict with the conditions of the grant or contract. §200.317 Procurements by states When procuring property and services under a Federal award, a state must follow the same policies and procedures it uses for procurements from its non-Federal funds. The state will comply with §200.322 Procurement of recovered materials and ensure that every purchase order or other contract includes any clauses required by section §200.326 Contract provisions. All other non-Federal entities, including subrecipients of a state, will follow §200.318 General procurement standards through §200.326 Contract provisions. §200.318 General procurement standards A. The non-Federal entity must use its own documented procurement procedures which reflect applicable State, local, and tribal laws and regulations, provided that the procurements conform to applicable Federal law and the standards identified in this part. B. Non-Federal entities must maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. C. The Non-Federal entity must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-Federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, non-Federal entities may set standards for situations in which the financial interest is not substantial, or the gift is an unsoli cited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the non-Federal entity. If the non-Federal entity has a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe, the non-Federal entity must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest mean that because of relationships with a parent company, affiliate, or subsidiary organization, the non-Federal entity is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. D. The non-Federal entity's procedures must avoid acquisition of unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach. E. To foster greater economy and efficiency, and in accordance with efforts to promote cost-effective use of shared services across the Federal Government, the non- Federal entity is encouraged to enter into state and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use of common or shared goods and services. F. The non-Federal entity is encouraged to use Federal excess and surplus property in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs. G. The non-Federal entity is encouraged to use value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and creative analysis of each contract item or task to ensure that its essential function is provided at the overall lower cost. H. The non-Federal entity must award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. See also §200.213 Suspension and debarment. I. The non-Federal entity must maintain records sufficient to detail the history of procurement. These records will include but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. J. The Non-Federal entity may use a time and materials type contract only after a determination that no other contract is suitable and if the contract includes a ceiling price that the contractor exceeds at its own risk. Time and materials type contract mean a contract whose cost to a non-Federal entity is the sum of: a) The actual cost of materials; and b) Direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit. Since this formula generates an open-ended contract price, a time-and-materials contract provides no positive profit incentive to the contractor for cost control or labor efficiency. Therefore, each contract must set a ceiling price that the contractor exceeds at its own risk. Further, the non-Federal entity awarding such a contract must assert a high degree of oversight in order to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls. K. The non-Federal entity alone must be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to, source evaluation, protests, disputes, and claims. These standards do not relieve the non-Federal entity of any contractual responsibilities under its contracts. The Federal awarding agency will not substitute its judgment for that of the non-Federal entity unless the matter is primarily a Federal concern. Violations of law will be referred to the local, state, or Federal authority having proper jurisdiction. §200.319 Competition A. All procurement transactions must be conducted in a manner providing full and open competition consistent with the standards of this section. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements. Some of the situations considered to be restrictive of competition include but are not limited to: (1) Placing unreasonable requirements on firms in order for them to qualify to do business; (2) Requiring unnecessary experience and excessive bonding; (3) Noncompetitive pricing practices between firms or between affiliated companies; (4) Noncompetitive contracts to consultants that are on retainer contracts; (5) Organizational conflicts of interest; (6) Specifying only a “brand name” product instead of allowing “an equal” product to be offered and describing the performance or other relevant requirements of the procurement; and (7) Any arbitrary action in the procurement process. B. The non-Federal entity must conduct procurements in a manner that prohibits the use of statutorily or administratively imposed state, local, or tribal geographical preferences in the evaluation of bids or proposals, except in those cases where applicable Federal statutes expressly mandate or encourage geographic preference. Nothing in this section preempts state licensing laws. When contracting for architectural and engineering (A/E) services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract. C. The non-Federal entity must have written procedures for procurement transactions. These procedures must ensure that all solicitations: (1) Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description must not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured and, when necessary, must set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a “brand name or equivalent” description may be used as a means to define the performance or other salient requirements of procurement. The specific features of the named brand which must be met by offers must be clearly stated; and (2) Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals. D. The non-Federal entity must ensure that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. Also, the non-Federal entity must not preclude potential bidders from qualifying during the solicitation period. §200.320 Methods of procurement to be followed The non-Federal entity must use one of the following methods of procurement. A. Procurement by micro-purchases. Procurement by micro-purchase is the acquisition of supplies or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold (§200.67 Micro-purchase). To the extent practicable, the non-Federal entity must distribute micro-purchases equitably among qualified suppliers. Micro-purchases may be awarded without soliciting competitive quotations if the non-Federal entity considers the price to be reasonable. B. Procurement by small purchase procedures. Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more than the Simplified Acquisition Threshold. If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources. C. Procurement by sealed bids (formal advertising). Bids are publicly solicited and a firm fixed price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price. The sealed bid method is the preferred method for procuring construction, if the conditions in paragraph (c)(1) of this section apply. (1) In order for sealed bidding to be feasible, the following conditions should be present: a) A complete, adequate, and realistic specification or purchase description is available; b) Two or more responsible bidders are willing and able to compete effectively for the business; and c) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price. (2) If sealed bids are used, the following requirements apply: a) Bids must be solicited from an adequate number of known suppliers, providing them sufficient response time prior to the date set for opening the bids, for local, and tribal governments, the invitation for bids must be publicly advertised; b) The invitation for bids, which will include any specifications and pertinent attachments, must define the items or services in order for the bidder to properly respond; c) All bids will be opened at the time and place prescribed in the invitation for bids, and for local and tribal governments, the bids must be opened publicly; d) A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and life cycle costs must be considered in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of; and e) Any or all bids may be rejected if there is a sound documented reason. D. Procurement by competitive proposals. The technique of competitive proposals is normally conducted with more than one source submitting an offer, and either a fixed price or cost-reimbursement type contract is awarded. It is generally used when conditions are not appropriate for the use of sealed bids. If this method is used, the following requirements apply: (1) Requests for proposals must be publicized and identify all evaluation factors and their relative importance. Any response to publicized requests for proposals must be considered to the maximum extent practical; (2) Proposals must be solicited from an adequate number of qualified sources; (3) The Non-Federal entity must have a written method for conducting technical evaluations of the proposals received and for selecting recipients; (4) Contracts must be awarded to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered; and (5) The Non-Federal entity may use competitive proposal procedures for qualifications-based procurement of architectural/engineering (A/E) professional services whereby competitors' qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services though A/E firms are a potential source to perform the proposed effort. E. [Reserved] F. Procurement by noncompetitive proposals. Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source and may be used only when one or more of the following circumstances apply: (1) The item is available only from a single source; (2) The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation; (3) The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the non-Federal entity; or (4) After solicitation of a number of sources, competition is determined inadequate. §200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms. A. The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. B. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. §200.322 Domestic preferences for procurements. A. As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. B. For purposes of this section: (1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer- based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. §200.323 Procurement of recovered materials A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. §200.324 Contract cost and price A. The non-Federal entity must perform a cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold including contract modifications. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, the non-Federal entity must make independent estimates before receiving bids or proposals. B. The non-Federal entity must negotiate profit as a separate element of the price for each contract in which there is no price competition and, in all cases, where cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. C. Costs or prices based on estimated costs for contracts under the Federal award are allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be allowable for the non-Federal entity under Subpart E— Cost Principles of this part. The non-Federal entity may reference its own cost principles that comply with the Federal cost principles. D. The cost plus a percentage of cost and percentage of construction cost methods of contracting must not be used. §200.325 Federal awarding agency or pass-through entity review A. The non-Federal entity must make available, upon request of the Federal awarding agency or pass-through entity, technical specifications on proposed procurements where the Federal awarding agency or pass-through entity believes such review is needed to ensure that the item or service specified is the one being proposed for acquisition. This review generally will take place prior to the time the specification is incorporated into a solicitation document. However, if the non-Federal entity desires to have the review accomplished after a solicitation has been developed, the Federal awarding agency or pass-through entity may still review the specifications, with such review usually limited to the technical aspects of the proposed purchase. B. The non-Federal entity must make available upon request, for the Federal awarding agency or pass-through entity pre-procurement review, procurement documents, such as requests for proposals or invitations for bids, or independent cost estimates, when: (1) The Non-Federal entity's procurement procedures or operation fails to comply with the procurement standards in this part; (2) The procurement is expected to exceed the Simplified Acquisition Threshold and is to be awarded without competition or only one bid or offer is received in response to a solicitation; (3) The procurement, which is expected to exceed the Simplified Acquisition Threshold, specifies a “brand name” product; (4) The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or (5) A proposed contract modification changes the scope of a contract or increases the contract amount by more than the Simplified Acquisition Threshold. C. The non-Federal entity is exempt from the pre-procurement review in paragraph (b) of this section if the Federal awarding agency or pass-through entity determines that its procurement systems comply with the standards of this part. (1) The Non-Federal entity may request that its procurement system be reviewed by the Federal awarding agency or pass-through entity to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews must occur where there is continuous high-dollar funding, and third- party contracts are awarded on a regular basis; (2) The Non-Federal entity may self-certify its procurement system. Such self- certification must not limit the Federal awarding agency's right to survey the system. Under a self-certification procedure, the Federal awarding agency may rely on written assurances from the non-Federal entity that it is complying with these standards. The non-Federal entity must cite specific policies, procedures, regulations, or standards as being in compliance with these requirements and have its system available for review. §200.326 Bonding requirements For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold, the Federal awarding agency or pass-through entity may accept the bonding policy and requirements of the non-Federal entity provided that the Federal awarding agency or pass-through entity has made a determination that the Federal interest is adequately protected. If such a determination has not been made, the minimum requirements must be as follows: (1) A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid guarantee” must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. (2) A performance bond on the part of the contractor for 100 percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all the contractor's requirements under such contract. (3) A payment bond on the part of the contractor for 100 percent of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. §200.327 Contract provisions The non-Federal entity's contracts must contain the applicable provisions described in Appendix II to Part 200—Contract Provisions for non-Federal Entity Contracts Under Federal Awards.