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HomeMy WebLinkAbout9/13/2021 - City Council - Agenda -Regular Ci ty Council Meeting AGENDA Monday, September 13, 2021, 6:30 PM T here will b e no Work S ession for the S eptember 13, 2021 meeting. R egular S es sion 6:30 P.M. C ounc il C hambers, C ity Hall, 114 North Broad S treet, S alem, Virginia 24153 WORK SE SSI ON A.No Work Session 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) J ohn Breen, 142 Bogey Lane, Salem, VA 24153 (2) Tommy Faigle, 100 Kimball Avenue, Salem, VA 24153 B.Minutes C onsider acceptance of the minutes for the August 23, 2021, Work Session and Regular Meeting minutes and the September 2, 2021, Special Meeting minutes. 5.Old Business A.Amendment to the Zoning Ordinance C onsider ordinance on second reading for rezoning a portion of the property of Layman C andy C ompany, Inc., contract purchasers, and Lewis-Gale Medical Center, LLC , property owner, located at 2105 Apperson Drive (Tax Map # 281-1-2) from BC D Business Commerce District to LM Light Manufacturing District. (Approved on first reading at the August 23, 2021 meeting.) B.Amendment to the Zoning Ordinance C onsider ordinance on second reading for rezoning a portion of the property of Roanoke C ollege Trustees, property owner, located at 232 North Broad Street (Tax Map # 87- 7-7), from C UD C ollege and University District to RSF Residential Single-Family District. ( Approved on first reading at the August 23, 2021 meeting.) 6.New Business A.Salem City School Board Hold a public hearing and receive views of citizens and candidates regarding the appointment to fill the expiring terms for Nancy Bradley and Teresa Sizemore-Hernandez (as advertised in the September 2, 2021, issue of the Salem-Times Register.) B.P ublic Comment Rules C onsideration of any potential changes Council would like to make in the City’s current adopted public comment procedures at Council meetings. C .Appropriation of F unds C onsider request to amend the School Grants Fund as approved by the School Board on August 10, 2021. Audit - Finance Committee D.T he Village at North Mill - P hase 4 C onsider setting bond for physical improvements and erosion and sediment control for T he Village at North Mill - Phase 4. Audit - Finance Committee E.Amend F inancing Agreement for 2004 B orrowing Receive report and approve Resolution 1407 to amend financing agreement with Virginia Resource Authority for 2004 borrowing. Audit - Finance Committee F.Reimbursement Resolution Receive report and consider adoption of Resolution 1408 authorizing reimbursement from proposed fiscal year 2022 borrowing. Audit - Finance C ommittee G.B oards and Commissions C onsider appointments to various boards and commissions. 7.Adjournment Audit-Finance Committee Meeting, September 9, 4:00 p.m., City Manager's Conference Ro om, 114 N. Broad Street, Salem Item #4B Date: September 13, 2021 Item # 5A 9-13-21 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL AGENDA ITEM: Amendment to the Zoning Ordinance Consider ordinance on second reading for rezoning a portion of the property of Layman Candy Company, Inc., contract purchasers, and Lewis-Gale Medical Center, LLC, property owner, located at 2105 Apperson Drive (Tax Map # 281-1-2) from BCD Business Commerce District to LM Light Manufacturing District. Approved on first reading at August 23, 2021 Council meeting. SUBMITTED BY: Benjamin W. Tripp, AICP, CEcD, City Planner SUMMARY OF INFORMATION: Zoning: BCD Business Commerce District Future Land Use Plan Designation: Commercial Existing Use: Vacant, Storage and Warehousing Proposed Use: Warehousing and Distribution The subject property consists of a single parcel of approximately 9.7 acres (noted as Tract A1 on the attached draft subdivision plat provided for reference), located along the north side of Apperson Drive, adjacent to the Eastern City Limits. It is occupied by a single, llarge building that was part of the original shopping center and most recently used as offices, a technical college, and as storage. This building is being subdivided off separately, so the request only applies to this tract. SUMMARY OF PROPOSED CHANGES; The owner of the property is requesting that the large building and its tract be rezoned to Light Manufacturing in order to allow the relocation and growth of their warehousing and distribution business. The applicant states that this new location will enable them to add product lines, increase sales significantly, and that they intend to add one hundred new employees in the next five years as they grow. FISCAL IMPACT: Allowing an existing business to expand and to hire a large number of employees will produce a positive fiscal impact. STAFF RECOMMENDATION: Staff recommends approval. AN ORDINANCE TO AMEND SECTION 106-110, ARTICLE I, CHAPTER 106, OF THE CODE OF THE CITY OF SALEM, VIRGINIA, RELATING TO ZONING AND DIVIDING THE CITY INTO BUILDING DISTRICTS AND ESTABLISHING DISTRICT BOUNDARY LINES ON THE ZONING MAP OF THE CITY OF SALEM, VIRGINIA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that Section 106-110, Article I, Chapter 106 of The Code of the City of Salem, Virginia, relating to building district boundary lines be amended in the following particular and no other, viz: That the following described property in the City of Salem of Layman Candy Company, Inc., contract purchasers, and Lewis-Gale Medical Center, LLC, property owner, being a portion of the property located at 2105 Apperson Drive (Tax Map # 281-1-2) be and the same is hereby changed from BCD Business Commerce District to LM Light Manufacturing District.and the map referred to shall be changed in this respect and no other, said property being described as follows: BEGINNING AT A POINT ON THE NORTH LINE OF APPERSON DRIVE, 1,926'± EAST OF COOK DRIVE; THENCE N 08°08'12" E A DISTANCE OF 291.17' TO A POINT; THENCE N 81°51'48" W A DISTANCE OF 240.00' TO A POINT; THENCE S 08°08'12" W A DISTANCE OF 247.84' TO A POINT; THENCE S 02°33'57" W A DISTANCE OF 23.71' TO A POINT; THENCE N 88°05'10" W A DISTANCE OF 48.24' TO A POINT; THENCE N 06°18'09" E A DISTANCE OF 87.06' TO A POINT; THENCE N 16°07'24" E A DISTANCE OF 46.38' TO A POINT; THENCE N 08°08'12" E A DISTANCE OF 98.84' TO A POINT; THENCE N 65°51'34" W A DISTANCE OF 22.17' TO A POINT; THENCE N 24°09'00" E A DISTANCE OF 228.95' TO A POINT; THENCE N 81°48'26" W A DISTANCE OF 50.95' TO A POINT; THENCE N 16°47'52" W A DISTANCE OF 29.11' TO A POINT; THENCE N 08°11'34" E A DISTANCE OF 100.59' TO A POINT; THENCE N 81°53'06" W A DISTANCE OF 19.41' TO A POINT; THENCE N 08°06'54" E A DISTANCE OF 59.80' TO A POINT; THENCE N 81°48'29" W A DISTANCE OF 91.89' TO A POINT; THENCE N 24°09'00" E A DISTANCE OF 200.16' TO A POINT; THENCE S 81°52'00" E A DISTANCE OF 644.78' TO A POINT; THENCE S 08°08'00" W A DISTANCE OF 125.76' TO A POINT; THENCE S 81°48'26" E A DISTANCE OF 24.41' TO A POINT; THENCE S 08°11'34" W A DISTANCE OF 284.31' TO A POINT; THENCE N 81°52'00" W A DISTANCE OF 24.12' TO A POINT; THENCE S 08°08'00" W A DISTANCE OF 324.90' TO A POINT; THENCE N 81°52'00" W A DISTANCE OF 175.24' TO A POINT; THENCE S 08°08'00" W A DISTANCE OF 126.93' TO A POINT; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 26.19', WITH A RADIUS OF 1949.86', WITH A CHORD BEARING OF N 77°40'33" W, WITH A CHORD LENGTH OF 26.19' TO A POINT; THENCE N 12°59'15" E A DISTANCE OF 3.50' TO A POINT; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 84.53', WITH A RADIUS OF 1628.58', WITH A CHORD BEARING OF N 78°40'20" W, WITH A CHORD LENGTH OF 84.52' TO A POINT; WHICH IS THE POINT OF BEGINNING, CONTAINING 423,171 SQUARE FEET, 9.7147 ACRES, BEING A PORTION OF TAX PARCEL 281-1-2 AND LYING IN THE CITY OF SALEM, VIRGINIA. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be and the same are hereby repealed. This ordinance shall be in full force and effect ten (10) days after its final passage. Upon a call for an aye and a nay vote, the same stood as follows: John E. Saunders – William D. Jones – Byron Randolph Foley – James W. Wallace, III – Renee F. Turk – Passed: Effective: /s/____ _ Mayor ATTEST: H. Robert Light Clerk of Council City of Salem, Virginia 1. Applicant(s): PETITION FOR ZONING AMENDMENT (REZONING) City of Salem Community Development Departm ent ----senjamin W~ Tripp, AIC P: City Planner Email : btriDe@salemva .gov Telephone: 540-375-3032 Layman Candy Co, Inc. P.O. Box 1015 Salem, VA 24153 2. Legal Owner(s) of property requested to be rezoned: Lewis-Gale Medical Center, LLC c/o Real Estate Department 3. Location of Property: Address : 2105 Apperson Drive Sa lem, VA 24153 Subdivision: Plat Book 8. Page 25 . Slide 160 Official Tax Map Number: Portion of Tax Parcel: 281-1-2 4. Characteristics of Property: Size (Acreage): 9.42 +/-Acres Deed Restrictions: .....!..!n/~aL-.------------------------- Present Use : Currently Vacant I Previous Business School 5. Zoning Classificat ion: Present Zoning: . BCD -Business Commerce District Proposed Zoning : LM -Light Manufacturing Land Use Des ignation : Future Land Use Map Indicates as Commercial 6. Reason(s) for Rezoning Request (Including proposed use): See Attached Narrative 7. Agent(s) or representative(s) of property owner(s): (Specify interest) Balzer & Associates, Inc. c/o Ben Crew Mailing Address : 1208 Corporate Circle Roanoke. VA 24018 Telephone Number: ....:5!.!:4:u!.!. . .1-1,,,1-...w.w.w.11t..-----------------~---- 8. Affidavit: A. The unders igned person certifies that this petition and the forego ing answers, statements, and other information herewith submitted are in all respects true and correct to the best of their knowledge and belief, Also, the pet itioner understands that a "N~tice of Zoning Request" sign will be posted on the property by the City . £ . ~~~.,4-L--~~---Date : 4;/XJ/,;<IJ.:t I Applicant Phone N Owner Signature: ..g__.£.µ~:-=--~'-'---~c...L.:------Date : Ct.> ~ :1-t( 0 I t t . icho s L Paul, Vice Pre sident of Lewis-Ga le Medical Center, LLC Wner n eres In rO rty.__..1"1.l::00..1J1.%,,..owwine...,rs1.111ohipui.in .... ter""'es.._t ----------------- Owne r Maili ng Address: One Park Plaza . Nashville. TN 37203 • Attn · vice presjdeot. Real Estate Owner Telephone Number: -'=e1=sl.-344-..;..;s=9a=2'--------------------- July 1, 2021 Mr. Jay Taliaferro City Manager - City of Salem 21 South Bruffey Street Salem, VA 24153 RE: 2105 Apperson Drive – Salem, VA 24153 Portion of Tax Parcel 281-1-2 Rezoning Request Dear Mr. Taliaferro, Layman Candy Co. Inc. (Contract Purchaser/Applicant) “Layman” are providing official application, supporting documents, and associated fees required to request a Rezoning of a portion of tax parcel 281-1- 2, from Business Commerce District (BCD) to Light Manufacturing District (LM). The proposed zoning will allow for Layman candy Company to relocate within the City of Salem to continue and expand business operations within a currently vacant and larger facility. This zoning request supports the growth objectives and business direction outlined below. Business Update: The purchase by Layman Candy Company, Inc (DBA Layman Distributing) of 2105 Apperson Drive; Salem, VA; 24153 (Site) and the subsequent rezoning to Light Manufacturing will have the following impacts on Layman Candy Company’s business: • Growth Opportunity – Allow Layman Distributing to expand business through additional capacity for products carried, services provided, and the employees necessary to sustain business expansion. Our reported Sales for 2020 were $289,000,000. With the additional capacity gained with this site, we foresee that we can grow our sales to at least $500,000,000 in the next 5 years • Service Area – Layman currently service Virginia, North Carolina, and West Virginia. Additional capacity at Site will allow Layman Distributing to begin servicing Tennessee, Kentucky, Washington, DC, Maryland, and South Carolina. All these new areas would be serviced out of Salem, VA Site with satellite operations added in outlying areas as needed • Expansion through acquisition – Given the recent consolidation in the Convenience Store and Food Service Distribution industry, Layman has plans to purchase other distributors with owners who are eager and ready to sell their business to Layman. Layman has a proven track record growth via acquisition based on Layman’s recent purchases of the following Distributors: o Patrick Wholesale (Honaker, VA) – 2009 o Sterling Grocery (Princeton, WV – 2018 o Reidsville Grocery (Reidsville, NC) – 2019 • Other Growth opportunities o Food Service Distribution – Layman receives contact all the time to service more restaurants in the Roanoke Valley area and beyond, and this site’s additional capacity will allow us expand our refrigeration capabilities required to bring on additional Food Service Customers o College and University Distribution – Layman recently have begun servicing several local colleges, and we see this as a profitable area of growth as these locations require a more diverse product mix that additional capacity will allow us to stock • Job Creation – Layman currently employs 110 people of which 80 live in the Roanoke Valley and surrounding communities. We plan to hire an additional 100 employees in the next 5 years to support the company’s growth • Site Improvement – Layman’s plans for this site include demolition of existing interior office space and conversion to warehousing operations. • Investment – our plans include investing over 1M into the property that includes design services, demolition, tenant upfit, modern signage, IT infrastructure, and product warehouse improvements (Additional fixtures, refrigeration, racking, etc.) Existing Conditions: The overall tax map parcel includes multiple buildings with various users and uses. The portion being requested to be rezoned and indicated on the plat including a large existing building which will be renovated, large parking lot between the building and Apperson drive, and additional parking/service area on the northside of the existing building. This is the last parcel to the East prior to crossing the corporate limits into the City of Roanoke, VA. The property has frontage on the public right of way of Apperson Drive. Existing utility services are currently in place and they will be upgraded or modified as necessary to facilitate the new user. Comprehensive Development Plan & Summary: This project is in conformance with many of the Goals, Strategies, and Objectives as defined in the City of Salem’s Comprehensive Plan. This proposed use revitalizes a previously vacant building and converts it to an active location for a business with a local proven track record. The future land use plan designates this parcel as commercial. The proposed zoning designation of LM is appropriate for this core building with the surrounding properties being zoned Highway Business District (HBD) and Heavy Manufacturing District (HM). Sincerely, Benjamin T. Crew Associate 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 Apperson Drive (LeeHighway) HRT of Roanoke,Inc.,PB 8,PG 25 Lewis-Gale Building Corp.Plat,PB 4,PG82A A B 80 30' EASEMENT City of Salem City of Roanoke City of Roanoke City of Salem 1 2 2.1 3 2-1 165.99 118.09 116.56 29.50 18.83 48.23 29.50317.73 349.45 126.93 150.00 144.80 151.64 254.79 300.00 746.61 922.59 320.00 1183.04 683.11 157.00 933.14 869.29 1 2103 2171 2105-2107-2109-2111-2115-21172119-2121-2131-2141-2155-2157-2159 2041-2043 Apperson Dr 2085 4.924 Ac. 0.948 Ac. 0.4747 Ac. 19.67 Ac. 0 100 20050 Feet±1 inch = 110 fe et AUGUST 2021 PLANNING COMMISSION ITEM 4A 2105 APPERSON DR. CITY OF SALEM Community Development DepartmentP.O. Box 869Salem, Virginia 24153-0869Phone: (540) 375-3032 Tax Parcel 281-1-2 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 Parcel 281 -1-2 Bu ildings Pa rce ls City Limits LEGAL DESCRIPTION BEGINNING AT A POINT ON THE NORTH LINE OF APPERSON DRIVE, 1,926'± EAST OF COOK DRIVE; THENCE N 08°08'12" E A DISTANCE OF 291.17' TO A POINT; THENCE N 81°51'48" W A DISTANCE OF 240.00' TO A POINT; THENCE S 08°08'12" W A DISTANCE OF 247.84' TO A POINT; THENCE S 02°33'57" W A DISTANCE OF 23.71' TO A POINT; THENCE N 88°05'10" W A DISTANCE OF 48.24' TO A POINT; THENCE N 06°18'09" E A DISTANCE OF 87.06' TO A POINT; THENCE N 16°07'24" E A DISTANCE OF 46.38' TO A POINT; THENCE N 08°08'12" E A DISTANCE OF 98.84' TO A POINT; THENCE N 65°51'34" W A DISTANCE OF 22.17' TO A POINT; THENCE N 24°09'00" E A DISTANCE OF 228.95' TO A POINT; THENCE N 81°48'26" W A DISTANCE OF 50.95' TO A POINT; THENCE N 16°47'52" W A DISTANCE OF 29.11' TO A POINT; THENCE N 08°11'34" E A DISTANCE OF 100.59' TO A POINT; THENCE N 81°53'06" W A DISTANCE OF 19.41' TO A POINT; THENCE N 08°06'54" E A DISTANCE OF 59.80' TO A POINT; THENCE N 81°48'29" W A DISTANCE OF 91.89' TO A POINT; THENCE N 24°09'00" E A DISTANCE OF 200.16' TO A POINT; THENCE S 81°52'00" E A DISTANCE OF 644.78' TO A POINT; THENCE S 08°08'00" W A DISTANCE OF 125.76' TO A POINT; THENCE S 81°48'26" E A DISTANCE OF 24.41' TO A POINT; THENCE S 08°11'34" W A DISTANCE OF 284.31' TO A POINT; THENCE N 81°52'00" W A DISTANCE OF 24.12' TO A POINT; THENCE S 08°08'00" W A DISTANCE OF 324.90' TO A POINT; THENCE N 81°52'00" W A DISTANCE OF 175.24' TO A POINT; THENCE S 08°08'00" W A DISTANCE OF 126.93' TO A POINT; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 26.19', WITH A RADIUS OF 1949.86', WITH A CHORD BEARING OF N 77°40'33" W, WITH A CHORD LENGTH OF 26.19' TO A POINT; THENCE N 12°59'15" E A DISTANCE OF 3.50' TO A POINT; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 84.53', WITH A RADIUS OF 1628.58', WITH A CHORD BEARING OF N 78°40'20" W, WITH A CHORD LENGTH OF 84.52' TO A POINT; WHICH IS THE POINT OF BEGINNING, CONTAINING 423,171 SQUARE FEET, 9.7147 ACRES, BEING A PORTION OF TAX PARCEL 281-1-2 AND LYING IN THE CITY OF SALEM, VIRGINIA. Planning Commission Meeting MINUTES Wednesday, August 11, 2021, 7:00 PM Work Session, 6:00PM Council Chambers Conference Room Regular Session, 7:00PM Council Chambers 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, at 6:00 p.m., on August 11, 2021, there being present the members of said Commission, to wit: Vicki G. Daulton, Chair; Denise P. King, Vice Chair, Reid A. Garst II, N. Jackson Beamer, and Neil L. Conner; together with H. Robert Light, Assistant City Manager and Deputy Executive Secretary, ex officio member of said Commission; Charles E. Van Allman, Jr., Director of Community Development, Mary Ellen Wines, Zoning Administrator; Benjamin W. Tripp, City Planner; and Christopher Dadek on behalf of City Attorney Jim H. Guynn, Jr.; and the following business was transacted: Whereas Chair Daulton called the meeting to order at 6:05 p.m. and reported that this date, place, and time had been set in order for the Commission to hold a work session; and Whereas Mr. Tripp discussed the change in format of the agenda; and Whereas a discussion was held regarding moving item 4E to 4A; and Whereas Vice-Chair King stated that there was an error on page 2 of the minutes of the July 14, 2021, regular session. Susan Menee should be spelled Susan Mini; and Whereas Mr. Tripp acknowledge the presence of Mrs. Anne-Marie Green at the work session; and 2. New Business A. Discussion item from the September meeting Rezoning of 405 Kimball Avenue, Tax Map # 235-1-2 from RMF, Residential Multi-Family District with condition to RMF, Residential Multi-Family District without conditions. Whereas Mr. Tripp introduced an item scheduled for the September regular session meeting. 405 Kimball Avenue rezoning to remove the condition that the only use allowed is that of a human care facility. He explained that the contract purchasers would like to build townhomes; and B. Discussion items from the August Meeting Discussion of items from the August 11, 2021, regular session agenda. Whereas Mr. Tripp introduced the Apperson Drive rezoning item explaining that neighbors from the City of Roanoke planned to appear at the meeting tonight to discuss traffic issues and truck access. Commissioner Conner asked if staff had a recommendation regarding this item. Mr. Tripp replied that staff would recommend approval. That Mr. Light and the Economic Development Office had been working with the contract purchasers for some time trying to find a suitable location for their expansion; and Whereas Mr. Tripp introduced the North Broad Street rezoning item explaining that the College wanted to rezone a portion of the property to allow for the construction of a residential single-family dwelling. He further explained that it is not known at this time if the College would build and use for faculty or sell the lot. Ms. Wines clarified that the buffer yard between the existing parking lot and the vacant lot would remain; and Whereas Mr. Tripp introduced the Village at North Mill Phase Four item explaining that the first plat with the red markings was the preliminary plat that staff comments on and returns to the engineers for correction and that the second plat with no markings is the final plat. He further explained that both the plat and the plan have been through staff review and have been approved; and Whereas Mr. Tripp introduced the Calhoun Townhomes item explaining that an update plat was sent notating that the adjacent alley was now shown as an eighteen-foot alley and not a public alley due to the indeterminate ownership of the alley. Ms. Wines explained that the facades facing Calhoun are actually the rear of the townhomes but will appear, from the street, as front facades. Chair Daulton inquired if there would be driveways onto Calhoun and Ms. Wines responded that there would be no individual driveways onto a right-of-way that there will be one access onto Calhoun and one on Chestnut: and Whereas Mr. Tripp introduced the 401 South Market Street item stating that this history of this property makes it a good candidate for the Historic Register and that it also is a good contender for the State and National Registers as well. Ms. Wines explained that there is a condition on the property that it would be used for only a masonic temple and that would have to be removed prior to the petitioners making any changes to the property; and 3. Adjournment Whereas Chair Daulton inquired if there were any other items for discussion and hearing none, adjourned the work session at 6:46 p.m. REGULAR SESSION 1. Call to Order A regular meeting of the Planning Commission of the City of Salem, Virginia, was held after due and proper notice in the Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia, at 7:00 p.m., on August 11, 2021. Notice of such hearing was published in the July 19 and August 5, 2021, issues of the "Salem Times Register", a newspaper published and having general circulation in the City. All adjacent property owners were notified via the U. S. Postal Service. The Commission, constituting a legal quorum, presided together with Christopher Dadek on behalf of Jim H. Guynn, Jr., City Attorney; Assistant City Attorney; Rob Light, Assistant City Manager; Charles E. Van Allman, Jr., Director of Community Development; Benjamin W. Tripp, City Planner; and Mary Ellen Wines, Zoning Administrator; and the following business was transacted: Chair Daulton called the hearing to order at 7:00 p.m. 2. Pledge of Allegiance 3. Consent Agenda A. Minutes Consider acceptance of the minutes from the July 14, 2021, work session and regular meeting. Denise King motioned acceptance of minutes from the July 14, 2021, work session and regular meeting as amended. Neil Conner seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King 4. New Business Jackson Beamer motioned to move Item 4E to 4A. Reid Garst seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King A. Salem Historic Registry Consider petition from JASS Properties, Inc., for inclusion in the Salem Historic Registry of the property located at 401 South market Street (Tax Map # 145-10-2). Staff noted the following: This building was originally erected in 1918 for Dr. William Rufus Brown, an important figure in Salem’s African American Water Street community, and the town’s only African American doctor at the time. Dr. Brown was also an active member of the John Wesley Methodist Church, the NAACP, YMCA, and the Salem/Roanoke County Civic League. He also helped to build Carver High School. The building later served as "Mae's Inn," a prominent restaurant in Salem's then segregated African American community owned by Ethel May Myers Whitfield. After the restaurant was sold in the late 1950s it became a Masonic lodge (Salem Lodge 120). On June 17, 2021, the Virginia Department of Historic Resources deemed this property to be eligible for nomination to the National Register of Historic Places and the Virginia Landmarks Register. This property meets Criteria B and D for inclusion on the registry. Staff recommends approval. Shirley Everette, 1239 Wildwood Road, Salem, appeared before the Commission to speak on behalf of the request; she handed the Commission a presentation on the property. She stated that the history came to light with the support of Mike Pulice, Mike Stevens, Benjamin Tripp, Francine Ferguson, John Long, Benita VanCleave, clerk in the Real Estate Office, and the trustees of the Masonic Lodge. The building originally served as an apartment building for Dr. William Rufus Brown who died in 1964. Dr. Brown came to Salem after migrating from Trinidad in 1911 as a physician. Mrs. Everette stated that she and her twin sister lived in the building when they first came to Salem. She went on to discuss more history of the structure and shared photos with the Commission. Neil Conner motioned to approve petition from JASS Properties, Inc., for inclusion in the Salem historic Registry of the property located at 401 South Market Street (Tax Map #145-10-2). Denise King seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King B. Amendment to the Zoning Ordinance Hold public hearing to consider the request of Layman Candy Company, Inc., contract purchasers, and Lewis-Gale Medical Center, LLC, property owner, for rezoning a portion of the property located at 2105 Apperson Drive (Tax Map # 281-1-2) from BCD Business Commerce District to LM Light Manufacturing District. Staff noted the following: The subject property consists of a single parcel of approximately 9.4 acres, located along the north side of Apperson Drive, adjacent to the Eastern City Limits. It is occupied by a single large building that was part of the original shopping center, but which was most recently used as offices, a technical college, and as storage. This building is being subdivided off separately, so the request only applies to it. The owner of the property is requesting that the large building and its tract be rezoned to Light Manufacturing in order to allow the relocation and growth of their warehousing and distribution business. The applicant states that this new location will enable them to add product lines, increase sales significantly, and that they intend to add one hundred new employees in the next five years as they grow. Staff recommends approval. Ben Crew with Balzer and Associates, 1208 Corporate Circle, Roanoke, appeared before the Commission on behalf of Layman Candy Company. He noted that Glenn Bowe, Vice President of Layman Candy Company was also present. He stated that it is an exciting time for Layman Candy Company and the rezoning will allow them to relocate the business from West Main Street to this currently vacant and larger facility off of Apperson Drive. The relocation will also allow the company to work on the growth projection for the next five years, which are outlined in the narrative provided with the request. A discussion was held regarding tractor trailer/truck traffic to and from the site-- tractor trailers deliver goods, box trucks then distribute goods. Number varies, but possibly ten trucks a day typically more in the early morning. Glenn Bowe, Vice President of Layman Candy Company, 1630 West Main Street, Salem, appeared before the Commission to help explain truck traffic, egress, etc. with Ben Crew. A discussion was held regarding the travel path for the trucks--the standard is for all truck traffic to use the signalized intersection, which is a controlled access point. Trucks will then go to the back of the building to the loading docks where the majority of the trucks will be located to do unloading and reloading. It was noted that employees will park in the front of the building; there are two main shifts of employees--7 a.m. to 4 p.m. is the main shift and a shift that comes in at 6 a.m. and works until finished. Initially there will be less than 50 employees working at one time. It was also noted that the way the property is being subdivided there will be a property owners' association and it will have cross access easements to ensure that the main parcel and all out parcels are covered from an access and maintenance standpoint. The Director of Community Development noted that there are more conflict points on West Main Street where you can have traffic problems in addition to overflow traffic from Interstate 81 compared to Apperson Drive where it is a clear intersection with less conflict points. Bill Turner, 1302 Belle Aire Lane, Roanoke, VA, appeared before the Commission and stated that his property is in the City of Roanoke, but if overlooks the property. He stated that he has lived here for almost three years and the main shopping center has been vacant, but Lewis Gale Hospital has been a very good neighbor. He reviewed the history of the businesses that he remembers being in the property over the years. He stated that the notice that was sent out stated that the address of the property is 2105 Apperson Drive and he drove down the property and could not find that address on the main shopping center building. He stated that 2105 Apperson Drive is located on what he considers a "strip mall" perpendicular to Wendy's, which is not large enough to house a candy store much less a distribution center. He spoke with the Zoning Administrator regarding the address issue, and the truck traffic to the property. He stated that he is concerned about the truck traffic coming to and from the property. He further stated that he received a call from Sergeant Beard with the Salem Police Department regarding the truck traffic to and from the property. The concerns he addressed with Sergeant Beard were regarding trucks entering the property by the former Sakura Restaurant, site distance, truck traffic blocking the entrance to Wendy's, truck traffic going in front of the Small Steps Day Care Center, etc. He stated that there is another entrance, but it is privately owned. Chair Daulton asked that Mr. Crew and Mr. Bowe address Mr. Turner's concerns. A discussion was held regarding the address issue of the notice. It was noted that the description of the property to be rezoned is noted by the meets and bounds of what is being rezoned. It was further noted that the address listed is the "master" number of the tax parcel. Jeff Cheater, 1305 Belle Aire Lane, Roanoke, appeared before the Commission. He stated that he looked the property up and there are four buildings on the property with the same parcel number. He questioned what building on the property is being rezoned. The Zoning Administrator stated that the building in the back, which is the one requesting the rezoning, will be subdivided into its own tax parcel at a later date. Mr. Cheater stated that he feels that the truck traffic should have been addressed in the initial presentation. Chair Daulton stated that is why the Commission asked specific questions regarding the truck traffic. Chair Daulton again asked Mr. Crew and Mr. Bowe to address the traffic concerns. Mr. Crew stated that Lewis-Gale is the seller and does not have any concerns with there being a conflict of users; therefore, he does not see there is a concern. It was noted that Lewis-Gale is also a landlord to other businesses located on the parcel. He stated that the majority of the truck traffic should be dissipated by 8 a.m. and there will not be a multitude of tractor trailers coming to and from the property, it will be approximately ten in-bound tractor trailers a day; one out-bound tractor trailer a day going to North Carolina, and ten plus or minus box trucks per day for "regional" delivery. He further stated that he feels that the businesses will be able to work together. The Virginia Varsity Storage access is private and is not connected to the development. He noted that it is a standard operational procedure by Layman Candy Company that truck traffic is to use a signalized intersection to access the property. A discussion was held regarding tractor trailer and truck traffic loading, unloading and turning radius in the back of the building, and the number of vehicles coming and going from the property. The location of truck traffic near the daycare center--it was noted that there is a designated turn-in area for the daycare; therefore, the truck traffic will not be near the children. It was further noted that the actual route the truck traffic will take on the property has yet to be determined. No other person(s) appeared related to the request. Jackson Beamer motioned to approve request of Layman Candy Company, Inc., contract purchasers, and Lewis-Gale Medical Center, LLC, property owner, for rezoning a portion of the property located at 2105 Apperson Drive (Tax Map #281-1-20) from BCD Business Commerce District to LM Light Manufacturing District. Neil Conner seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King C. Amendment to the Zoning Ordinance Hold public hearing to consider the request of Roanoke College Trustees, property owner, for rezoning a portion of the property located at 232 North Broad Street (Tax Map # 87-7-7), from CUD College and University District to RSF Residential Single-Family District. Staff noted the following: The subject property consists of a single parcel of approximately one acre located along the east side of North Broad Street, across the street from Shipman Alley. The use of the property divides roughly in half: it is occupied by a parking facility, accessed from Red Lane, on the eastern half, but is vacant on the half fronting on Broad Street. The applicant is proposing to subdivide off about one-third of the property along North Broad Street and is requesting that this portion be rezoned to Residential Single Family in order to allow the construction of a new single-family residence. Staff recommends approval. Ben Crew, Balzer and Associates,1208 Corporate Circle, Roanoke, VA 24018, appeared before the Commission on behalf of Roanoke College. He noted that David Moen, Vice President of Business Affairs at Roanoke College, was also present. He stated that Roanoke College feels this property is "surplus" and would like to have the property rezoned as it is the best use for the parcel. He noted that Roanoke College does not have immediate plans to sell the property, but it may come on the market in the future. It was noted that the residents who inquired about the rezoning were in favor of the rezoning once they found out it was for residential single family. No other person(s) appeared related to the request. Denise King motioned to approve the request of Roanoke College Trustees, property owner, for rezoning a portion of the property located at 232 North Broad Street (Tax Map #87-7-7) from CUD College and University District to RSF Residential Single- Family District. Neil Conner seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King D. The Village at North Mill Phase Four Consider the request for preliminary and final approval of proposed subdivision plan and plat filed by RFC2017 Land, LLC, property owner/developer, for a 7.767-acre tract known as The Village at North Mill Phase Four. Staff noted the following: This plat would create seven new lots in phase 4 of the Village at North Mill. These lots are an extension of Woodside Drive, with a remnant lot to be included in a future phase. This plat meets the City of Salem Subdivision Ordinance, and the Subdivision Plan has been approved by staff. Staff recommends approval. Reid Garst motioned to approve the request for preliminary and final approval of proposed subdivision plan and plat filed by RFC2017 Land, LLC, property owner/developer, for a 7.767-acre trace known as The Village at North Mill Phase Four. Denise King seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King E. Calhoun Townhomes Consider the request for preliminary and final approval of proposed subdivision plan and plat filed by Virginia Valley Properties, LLC, property owner/developer, for a 0.72-acre tract known as the Calhoun Townhomes. Staff noted the following: This plat would create seven (7) new lots (6 townhomes, 1 common area lot) for the Calhoun Townhomes. Parking will be at the rear of the townhomes to include garages. The stormwater management area will be located within the common area lot. This plat meets the City of Salem Subdivision Ordinance, and the Subdivision Plan has been approved by staff. Staff recommends approval. The City Planner noted that the alley behind the property has changed from a designation of an 18-foot public alley on the preliminary plat to 18-foot alley on the final plat. Neil Conner motioned to approve the request for preliminary and final approval of proposed subdivision plan and plat filed by Virginia Valley Properties, LLC, property owner/developer, for a 0.72-acre tract known as the Calhoun Townhomes. Jackson Beamer seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King 5. Adjournment On motion by Jackson Beamer seconded by Neil Conner and duly carried, Chair Daulton adjourned at 8:21 p.m. Ayes: Beamer, Conner, Daulton, Garst, King City Council meeting, August 23, 2021, 6:30 p.m. Council Chambers, City Hall, 114 North Broad Street Item # 5B Meeting Date: 9-13-21 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL AGENDA ITEM: Amendment to the Zoning Ordinance Consider ordinance on second reading for rezoning a portion of the property of Roanoke College Trustees, property owner, located at 232 North Broad Street (Tax Map # 87-7-7), from CUD College and University District to RSF Residential Single-Family District. Approved on first reading at August 23, 2021 Council meeting. SUBMITTED BY: Benjamin W. Tripp, AICP, CEcD, City Planner SUMMARY OF INFORMATION: Zoning: CUD College and University District Future Land Use Plan Designation: Residential Existing Use: Vacant, Educational Facilities, College/University Proposed Use: Single Family Dwelling, Detached The subject property consists of a single parcel of approximately one acre, located along the east side of North Broad Street, across the street from Shipman Alley. The use of the property divides roughly in half: It is occupied by a parking facility, accessed from Red Lane, on the eastern half, but is vacant on the half fronting on Broad Street. SUMMARY OF PROPOSED CHANGES; The applicant is proposing to subdivide off about 1/3rd of the property along North Broad Street (noted as Proposed Parcel B on the attached draft subdivision plat for reference), and is requesting that this portion be rezoned to Residential Single Family in order to allow the construction of a new single family residence. STAFF RECOMMENDATION: Staff recommends approval. AN ORDINANCE TO AMEND SECTION 106-110, ARTICLE I, CHAPTER 106, OF THE CODE OF THE CITY OF SALEM, VIRGINIA, RELATING TO ZONING AND DIVIDING THE CITY INTO BUILDING DISTRICTS AND ESTABLISHING DISTRICT BOUNDARY LINES ON THE ZONING MAP OF THE CITY OF SALEM, VIRGINIA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that Section 106-110, Article I, Chapter 106 of The Code of the City of Salem, Virginia, relating to building district boundary lines be amended in the following particular and no other, viz: That the following described property in the City of Salem of Roanoke College Trustees, property owner, being a portion of the property located at 232 North Broad Street (Tax Map # 87-7- 7) be and the same is hereby changed from CUD College and University District to RSF Residential Single-Family District. And the map referred to shall be changed in this respect and no other, said property being described as follows: BEGINNING AT A POINT ON THE EAST LINE OF NORTH BROAD STREET, SAID POINT LYING 132'± NORTH OF THE NORTH LINE OF DULANEY'S ALLEY; THENCE ALONG THE EAST LINE OF NORTH BROAD STREET N 12°34'00" W THROUGH AN IRON PIN FOUND AT 129.97', A TOTAL DISTANCE OF 137.26' TO A POINT IN THE CENTER OF VACATED SHIPMAN ALLEY; THENCE LEAVING THE EAST LINE OF NORTH BROAD STREET N 76°41'14" E A DISTANCE OF 111.91' TO A POINT; THENCE WITH A NEW LINE S 13°18'46" E A DISTANCE OF 137.18' TO A POINT; THENCE S 76°39'00" W A DISTANCE OF 113.69' TO A POINT ON THE EAST LINE OF NORTH BROAD STREET; WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 15,478 SQUARE FEET, 0.355 ACRES AND BEING IN THE CITY OF SALEM, VIRGINIA. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be and the same are hereby repealed. This ordinance shall be in full force and effect ten (10) days after its final passage. Upon a call for an aye and a nay vote, the same stood as follows: John E. Saunders – William D. Jones – Byron Randolph Foley – James W. Wallace, III – Renee F. Turk – Passed: Effective: /s/____ _ Mayor ATTEST: H. Robert Light Clerk of Council City of Salem, Virginia July 1, 2021 Mr. Jay Taliaferro City Manager - City of Salem 21 South Bruffey Street Salem, VA 24153 RE: 232 N Broad St – Salem, VA 24153 Balzer and Associates, Inc. Job # 04210036.00 Rezoning Request Dear Mr. Taliaferro, Roanoke College Trustees (Property Owner) are providing official application, supporting documents, and associated fees required to request a Rezoning of a portion of tax parcel 87-7-7, from CUD- College/University District to RSF-Residential Single Family District. The proposed zoning will allow for a residential use on a portion of the existing parcel while the remainder of the property can continue to provide residential parking for Roanoke College. Project Narrative & Existing Conditions: A portion of the existing parcel is currently being used to provide residential parking for Roanoke College, while the remainder of the parcel is vacant. The RSF zoning will allow for the development of a single family residence along North Broad Street, while maintaining the parking required by Roanoke College. See attached North Broad Street “Resubdivision Plat for Roanoke College - Zoning Exhibit” dated 6/7/2021 for additional details. The existing parcel is approximately 1.006 acres and is bounded by the public rights- of-way of North Broad Street to the West and Red Lane to the East, and by RSF zoned property to the North and South. The parcel generally drains from West to East towards Red Lane. The property has frontage on two public roads, North Broad Street and Red Lane. Buffers An existing row of evergreen trees will provide an existing/natural buffer between the proposed RSF parcel and the portion of the existing parcel to remain CUD. Comprehensive Development Plan & Summary: This project is in conformance with many of the Goals and Objectives defined in the City of Salem’s Comprehensive Plan. This project is sensitive to the existing surrounding properties by maintaining existing buffering, while utilizing a vacant property for an appropriate use to match surrounding land uses. This project provides an excellent opportunity to the City of Salem to gain additional residential property in a location of high demand, while supporting Roanoke College and helping to promote low density residential development along North Broad Street. Sincerely, Benjamin T. Crew Associate PLANNERS / ARCHITECTS / ENGINEERS / SURVEYORS ROANOKE / RICHMOND / NEW RIVER VALLEY / STAUNTON / HARRISONBURG / LYNCHBURG DRAWN BY:BTC1208 Corporate Circle / Roanoke, Virginia 24018 / Phone (540) 772-9580 / www.balzer.cc j: \ 2 1 \ 0 0 \ 0 4 \ 0 4 2 1 0 0 3 6 . 0 0 n o r t h b r o a d s t r e e t - r o a n o k e c o l l e g e \ c i v i l \ d w g \ 0 4 2 1 0 0 3 6 . 0 0 z o n i n g b a s e _ . d w g LEGAL DESCRIPTION PROPOSED PARCEL B NORTH BROAD STREET BEGINNING AT A POINT ON THE EAST LINE OF NORTH BROAD STREET, SAID POINT LYING 132'± NORTH OF THE NORTH LINE OF DULANEY'S ALLEY; THENCE ALONG THE EAST LINE OF NORTH BROAD STREET N 12°34'00" W THROUGH AN IRON PIN FOUND AT 129.97', A TOTAL DISTANCE OF 137.26' TO A POINT IN THE CENTER OF VACATED SHIPMAN ALLEY; THENCE LEAVING THE EAST LINE OF NORTH BROAD STREET N 76°41'14" E A DISTANCE OF 111.91' TO A POINT; THENCE WITH A NEW LINE S 13°18'46" E A DISTANCE OF 137.18' TO A POINT; THENCE S 76°39'00" W A DISTANCE OF 113.69' TO A POINT ON THE EAST LINE OF NORTH BROAD STREET; WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 15,478 SQUARE FEET, 0.355 ACRES AND BEING IN THE CITY OF SALEM, VIRGINIA. 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 D u l a n e y s A l l e y D u l a n e y s A l l e y N o r t h B r o a d S t r e e t R e d L a n e N o r t h M a r k e t S t r e e t M c C l u n g S t r e e t C o l l e g e A l l e y T r u s t e e s o f R o a n o k e C o l l e g e , P B 1 0 , P G 1 9 R o a n o k e C o l l e g e , P B 1 1 , P G 1 9 1 2 3 4 1 2 3 4A 5A 5B B 6 A 2 1 2 2 6B 1 1 5 0 4 0 3 0 5 5 1 6 2 0 3 0 1 6 1 6 1 4 1 6 Roanoke College Roanoke College Roanoke College Roanoke College City of Salem Roanoke College Roanoke College City of Salem 1 4 ' S h i p m a n A l l e y V a c a t e d b y R e s o l u t i o n N o . 1 0 6 2 , d a t e d 9 /2 2 /0 5 Roanoke College 3 6 1 2 3 4 5 6 6.1 17 18 19 20 21 22 23 1 1.1 2 3 15 16 17 18 1 1 1 6.1 7 5 - 7 31.77 31.47 8 4 . 0 0 6 3 . 6 8 1 2 7 . 0 0 2 3 5 .1 6 2 3 5 .1 6 2 4 2 . 4 0 1 3 6 . 0 5 2 0 3 . 4 0 2 0 3 . 4 0 3 4 8 . 0 0 11 4 . 5 7 2 8 7 . 1 8 2 8 7 . 1 8 3 4 8 . 0 0 1 7 7 .0 0 1 5 5 .8 8 1 4 6 .4 5 1 2 2 . 5 8 1 3 7 . 0 4 1 3 6 .3 8 2 3 7 .4 6 5 0 . 0 0 5 0 . 0 0 5 5 . 0 0 9 0 . 0 0 1 1 0 . 0 0 1 3 7 . 0 0 1 1 2 . 0 0 1 0 0 . 5 0 1 0 0 . 0 0 1 0 0 . 0 0 1 0 0 . 0 0 1 3 1 . 0 0 1 3 2 . 0 0 1 0 0 . 0 0 5 5 . 0 0 6 5 . 0 0 5 5 . 0 0 2 6 4 .0 0 1 2 5 .0 0 2 0 0 .0 0 2 6 4 .0 0 3 3 6 .0 0 1 6 2 .0 0 1 0 2 .0 0 1 8 0 .0 0 2 6 4 .0 0 2 6 4 .0 0 2 6 4 .0 0 2 9 2 .0 0 2 6 5 .9 8 2 6 4 .0 0 2 6 5 .9 8 2 6 4 .0 0 1 4 2 .9 4 2 6 4 .0 0 1 0 0 . 0 0 1 0 0 . 0 0 1 3 1 . 0 0 1 3 2 . 0 0 5 5 . 0 0 6 5 . 0 0 8 6 . 0 0 7 0 . 0 0 8 5 . 0 0 1 1 9 . 0 0 5 0 . 0 0 5 5 . 0 0 5 0 . 0 0 9 0 . 0 0 1 1 0 . 0 0 2 3 8 . 2 0 2 0 0 .0 0 2 0 0 .0 0 2 0 0 .0 0 2 0 0 .0 0 2 0 0 .0 0 2 8 9 .1 0 6 5 .0 0 7 0 .0 0 2 6 4 .0 0 1 2 5 .0 0 2 0 0 .0 0 3 0 9 .8 3 1 0 5 .0 0 1 7 9 .0 0 1 2 7 .0 0 1 3 3 . 0 5 1 0 3 . 4 0 1 0 0 . 0 0 2 0 3 . 4 0 2 4 2 .8 5 2 5 0 .0 0 2 6 5 .1 2 7 0 . 4 6 2 5 8 .0 0 2 5 3 .7 6 2 0 3 . 4 0 6 4 . 0 0 3 3 7 .9 7 2 7 3 4 1 2 5 3 3 0 3 1 9 - 3 0 5 2 0 3 2 4 3 2 0 3 1 6 3 1 2 3 0 6 2 2 0 2 1 2 2 0 2 3 1 3 2 2 3 2 3 3 1 1 7 , 1 1 9 , 1 2 1 3 3 5 2 0 3 - 2 0 5 - 2 0 7 - 2 0 9 - 2 1 1 2 1 3 2 0 1 3 2 7 3 1 9 3 0 7 3 0 1 2 3 2 2 3 5 - 2 2 1 - 2 1 9 2 2 6 2 4 7 1.547 Ac. 1.86 Ac. 1.19 Ac. 1.006 Ac. 0 100 20050 Feet±1 inch = 90 fee t AUGUST 2021 PLANNING COMMISSION ITEM 4B 232 NORTH BROAD ST. CITY OF SALEM Community Development DepartmentP.O. Box 869Salem, Virginia 24153-0869Phone: (540) 375-3032 Tax Parcel 87-7-7 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 Parcel 87-7 -7 Bu ildings Pa rce ls City Limits Item #6A Date: 9/13/2021 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: September 13, 2021 AGENDA ITEM: Hold a public hearing to receive the views of citizens within the School Division regarding the School Board appointment for the expiring terms ending December 31, 2021 of two members of the City of Salem School Board. SUBMITTED BY: Jay Taliaferro, City Manager SUMMARY OF INFORMATION: City Council is holding a public hearing pursuant to section 22.1 -29.1 of the Code of Virginia as amended to receive citizen views regarding filling the expiring terms ending December 31, 2021 of Nancy Bradley and Teresa Sizermore-Hernandez for the City of Salem School Board. As advertised in the Thursday, September 2nd edition of the Salem Times-Register, all candidates seeking appointment must submit a letter of interest and resume prior to the end of this public hearing. Applications received by the Clerk’s office prior to the issuance of this agenda package are included for review. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends Council conduct a public hearing on this item. August 30th, 2021 Mr. Jay Taliaferro City of Salem 114 N. Broad St. Salem, VA 24153 Dear Mr. Taliaferro, The purpose of this letter is to express my interest in reappointment to the City of Salem School Board. It has been an honor to serve on the school board and I would appreciate the approval from council members for my continued service to the many students, teachers, administrators, and parents in the Salem City Schools. Sincerely, Nancy A. Bradley School of Education Virginia Tech 404 Wallace Hall Blacksburg, VA 24061 (540) 231-5220 nbradley@vt.edu EDUCATION Ph.D. Curriculum and Instruction August 2010 Specialization: Teacher Education and Literacy Virginia Polytechnic Institute and State University Blacksburg, Virginia Dissertation: Practices and Perspectives of Primary Language Arts Teachers: A Formative Design Experiment Analyzing the Use of Professional Development to Enhance Vocabulary Instructional Practices Master of Science Elementary Education May 1996 University of Dayton Dayton, Ohio Thesis: A Resource Guide for Collaborative Teaching Bachelor of Science Special Education August 1990 University of Dayton Dayton, Ohio AREAS OF CERTIFICATION Virginia Postgraduate Professional License Effective until 6/30/2022 Elementary Education PREK- 6 Specific Learning Disabilities K-12 Developmental Reading Bradley 2 PROFESSIONAL EXPERIENCE Associate Director, Office of Academic Programs 2021 to Present Assistant Professor of Practice 2019 to Present Virginia Tech Courses Taught: EDCI 5204 Elementary School Curriculum EDCI 5214 Linguistic Theory and Instruction in Reading and Written Expression EDCI 5224 Advanced Curriculum and Instruction Elementary and Middle School Social Studies EDCI 5424 Theory & Practice in Content Literacy Instruction (3-6) EDCI 5964 Field Studies in Education EDCI 5754 Internship in Education EDCI 5784 Culturally Responsive Teaching & Classroom Management Director of Teacher Education Ferrum College-Ferrum, Virginia 2015 to 2019 Assistant/Associate Professor of Teacher Education 2013 to 2019 Ferrum College – Ferrum, Virginia Curriculum Development: EDU 320 The Profession of Teaching: Differentiated Instruction in Mathematics for the Elementary/Middle School Classroom EDU 350 The Profession of Teaching: Elementary Social Studies Methods Courses Taught: EDU 202 The Profession of Teaching: Issues in Education through Technology EDU 310 The Profession of Teaching: Developmental and Diagnostic Reading EDU 311 The Profession of Teaching: Teaching the Language Arts EDU 320 The Profession of Teaching: Differentiated Instruction in Mathematics for the Elementary/Middle School Classroom EDU 350 The Profession of Teaching: Elementary Social Studies Methods EDU 352 The Profession of Teaching: Elementary/Middle School Classroom Management and Differentiated Instruction EDU 353 The Profession of Teaching: Elementary/Middle School Curriculum, Instruction, and Assessment EDU 402 The Profession of Teaching: The Student Teaching EDU 403 The Profession of Teaching: Synthesis Experience Adjunct Professor Fall 2016 Virginia Polytechnic and State University – Blacksburg, Virginia Bradley 3 Course Taught: EDCI 5424 Comprehension and Content Area Literacy Grades 3-6 Coordinator Pre-Education Advising Program 2012 to 2013 Virginia Tech – Blacksburg, Virginia Course Taught: IDST 3004 Pre-Kindergarten to Grade 6 Internship Visiting Professor/Adjunct Professor 2010 to 2015 Roanoke College – Salem, Virginia Courses Taught: EDU 351 Teaching Reading and Writing in the Content Area, 6-12 EDU 370 Field Based Reading EDU 338 Field Based Internship EDU 320 Differentiated Instruction in Elementary Science and Math EDU 350 Differentiated Instruction in Elementary Social Studies EDU 242 Instructional Technology EDU 220 The Exceptional Student IL 277 Comparative Education: United Kingdom Graduate Research and Teaching Assistant 2006 to 2010 Virginia Tech – Blacksburg, Virginia Courses Taught: EDCI 5404 Practicum in Clinical Reading EDCI 5415 Theory and Practice for Early Literacy Instruction Classroom Teaching Experience: Pre-Kindergarten Teacher 2002 to 2004 St. Anne’s Day School – Salem, Virginia Classroom Teacher/Special Education Teacher 1993 to 1998 Roanoke County Schools – Roanoke, Virginia Special Education Teacher 1990 to 1993 Bethel Local Schools – Bethel, Ohio PUBLICATIONS AND PRESENTATIONS Peer Reviewed Publications: Bradley, N. (2013). The Social Practice of Formulating “Kid-Friendly” Definitions. Reading in Virginia. Bradley 4 Bradley, N. and Fogelsong, D. (2021). Building community in a pre-service teacher cohort during a pandemic. The Teacher Educators’ Journal. Manuscripts Under Review: Bradley, N. and Barksdale, M.A. What comes first, the hens or the chicks? Selecting words to meet learner needs in vocabulary instruction. Conference Presentations: Bradley, N., Bodenhorn, N., Parker, A., and Zenkov, K. (2021) Empowering School Based Teacher Educators to Design & Implement Sustainable Mentor Teacher Training. American Association of Colleges for Teacher Education, Virtual Conference (accepted). Bradley, N., Bodenhorn, N., Parker, A., and Zenkov, K. (2021) Building A Sustainable Mentor Teacher Training Model through Cross-Institutional Collaboration Association of Teacher Educators, Virtual Conference (accepted). Bradley, N. (2020) The Benefit of Collaborative Clinical Partnerships, Eastern Educational Research Association, Orlando, Florida. Bradley, N., Bodenhorn, N., and Stallions, M. (2019) The Recruitment, Preparation, and Retention of 21st Century Educators: The Benefit of Collaborative Clinical Partnerships. American Association of Colleges for Teacher Education, Louisville, KY. Bradley, N. & Stallions, M. (2017). Transition to CAEP Standards and Accountability Measures. Virginia Association of Colleges for Teacher Education Conference, Salem, VA. Bradley, N. & Stallions, M. (2017). Research and Innovation in Teacher Preparation. Virginia Association of Colleges of Teacher Education Conference, Salem, VA. Bradley, N, (2017) The Next Generation of Reading Teachers: Pre-Service Teacher Impact on Young Readers. Virginia State Reading Association Conference, Roanoke, VA. Baynum, A. & Bradley, N. (2017). Matching Secondary Readers to Texts: The Journey Continues, Virginia State Reading Association Conference, Roanoke, VA. Bradley, N. & Norman, M.A. (2015). Preparing the Next Generation of Constructivist Teachers. Association for the Constructivist Teachers Conference, Charleston, S.C.. Bradley, N. (2015). Rebuilding the Word Wall. Roanoke Valley/New River Valley Reading Council Joint Conference. Salem, VA. Baynum, A. & Bradley, N. (2015). Matching Secondary Readers to Texts: Not Always an Easy Match. Roanoke Valley/New River Valley Reading Council Joint Conference. Salem, VA. Bradley, N., Baynum, A., Halsey, K. & Herndon, E. (2015). Matching Secondary Readers to Texts: Not Always an Easy Match. Virginia State Reading Association, Richmond, VA. Bradley, N. (2015). The Trouble with Tiers: Instructional Decision Making for Fuzzy Vocabulary. Virginia State Reading Association, Richmond, VA. Bradley, N. (2011). Playing with Words: Instructional Strategies for Primary Learners. Virginia State Reading Association, Roanoke, VA. Bradley 5 Bradley, N., Magliaro, S., Shoemaker, P., Reynolds, T., Stallions, M., Fowler, K. (2011). Southwest Virginia Professional Education Consortium: A Case Study of an Exemplary Program to Support Teacher Preparation Programs and Provide Professional Development Opportunities. American Association of College Teacher Educators, San Diego, CA. Bradley, N. (2009). Practices and Perspectives of Primary Language Arts Teachers: A Look into the Impact of Professional Development and Intervention on Instructional Practice. National Reading Conference, Albuquerque, NM. Mesmer, H., Jones, J. and Bradley, N. (2009). Concept of Word in Print: A Critical, But Oft-Ignored Springboard into Literacy Development. Paper Presented at the National Reading Conference, Albuquerque, NM. Mesmer, H., Jones, J. and Bradley, N. (2008). Preschool Literacy Research: Beyond Basic Messages Toward Nuanced Understanding. Paper Presented at the National Reading Conference, Orlando, FL. Ball, B. and Bradley, N. (2008). Preservice Teachers’ Perceptions of Current Evaluation Instruments. Paper presented at the Eastern Educational Research Association, Hilton Head, SC. Ball, B. and Bradley, N. (2008). A Snapshot of Preservice Teachers’ View of Visual Literacy. Paper presented at the Eastern Educational Research Association, Hilton Head, SC. Bradley, N. (2007). Through the Looking Glass: Using Reflection as an Assessment Tool. Presentation at the International Society for Exploring Teaching and Learning, Atlanta, GA. Bradley, N. & Updike, L. (2007). What to Give When You Don’t Know What They Need: Caring in Higher Education. Presentation at the International Society for Exploring Teaching and Learning, Atlanta, GA. Bradley, N., Parish, M., & Smith, C. (2007). Student Teachers and Classroom Management: Survey of Issues and Implications for Future Preparation. Paper presented at the Eastern Educational Research Association, Clearwater, FL. Other Conference Presentations: Bradley, N. (2013). If You Can’t Beat Them, Join Them: Using Social Media to Enhance Classroom Practice. Copenhaver Institute, Roanoke College. Salem, Va. Bradley, N, and Stoneman, L. (2011). What to give when you don’t know what they need: caring in public schools. Copenhaver Institute, Roanoke College. Salem, VA. Workshop/Training Presentations: Bradley, N. and Stallions, M. (2018) Southwest Virginia Professional Education Consortium Lead Clinical Faculty Training. Roanoke College, Salem, VA. Bradley, N. and Stallions, M. (2018) Southwest Virginia Professional Education Consortium Lead Clinical Faculty Training. Blacksburg, VA. Bradley, N. and Stallions, M. (2017) Southwest Virginia Professional Education Consortium Lead Clinical Faculty Training. Roanoke College. Salem, VA. Bradley 6 PROFESSIONAL SERVICE Appointed Positions: Advisory Board for Teacher Education and Licensure (ABTEL), Citizen at Large (Term: July 1, 2020 to June 20, 2023) Chair: Teacher Education Committee School Board Member, Salem City Schools (2013 to present) Elected Positions: President, Association of Teacher Educators in Virginia (2019 to Present) President-Elect, Association of Teacher Educators in Virginia (2017 to 2019) Secretary, Association of Teacher Educators in Virginia (2015 to 2017) Panel/Committee Service: Virginia Department of Education, Workgroup to Revise the Uniform Performance Standards and Evaluation Criteria for Teachers (2020) Virginia Department of Education, Teacher of the Year Selection Panel (2020, 2021) McGlothlin Awards for Teaching Excellence Awards Judge (2014 to 2017) Panel Facilitator, Copenhaver Institute, Roanoke College (2014) Awards and Scholarships, VACTE/ATE-VA (2014 to Present) Scholarship Review Panel, Virginia Tech (2013) Panel on Autism, Roanoke College (2011) Planning Committee, VSRA Conference (2010) Paper Chair, National Reading Conference (2009) Editorial/Review Service: Manuscript Review, Teacher Educators’ Journal (Spring 2017 to present) Scholarship Review Committee, VACTE (2014 to present) Conference Proposal Reviewer, NCSS Conference (2020) Conference Proposal Reviewer, EERA Conference (2009) Conference Proposal Reviewer, EERA Conference (2007) Institutional Service: Diversity and Inclusion Committee, Virginia Tech (2019 to Present) Graduate Honor System Panelist, Virginia Tech (2019 to Present) Teacher Education Committee, Ferrum College (2013 to 2019) Integrated Programing Board, Ferrum College (2014 to 2019) School Nominating Committee, Ferrum College (2014 to 2019t) Search Committee, Dean of Health Professions & Social Services (Spring 2019) Search Committee, Health and Human Performance (Fall 2017) Dean Evaluation Coordinator, Ferrum College (Spring of 2016) Search Committee, Computer Information Systems (Fall 2016) Bradley 7 Search Committee, Exercise Science (Summer 2014) General Education Review Working Group, Ferrum College (Summer 2014) Service to Community: Franklin County Teacher of the Year Panel (2016, 2017, 2018) Special Education Advisory Committee, Salem City Schools (2013 to present) Affiliations: ASCD Association of College Teacher Educators in Virginia (ATE-VA) Association of College Teacher Educators (ACTE) International Reading Association (IRA) Kappa Delta Pi (KDP) Literacy Research Association (LRA) National Council for the Social Studies (NCSS) Southwest Virginia Professional Education Consortium (SWVPEC) Virginia State Reading Association (VSRA) Virginia Association of Colleges of Teacher Educating (VACTE) Virginia School Board Association (VSBA) SPECIALIZED TRAINING CAEP Site Visitor Training August 2019 Richmond, Virginia VDOE/CAEP Accreditation Summer Institute June 2015 Richmond, Virginia GRANTS Southwest Virginia Professional Education Consortium (2020) $54,356. Southwest Virginia Professional Education Consortium (2015 to 2018) $36, 585 Professional Development Grant, Ferrum College (2016) $2000 Curriculum Development Grant, Ferrum College (2014) $1500 Travel Grant, Virginia Tech (2009) $600 Travel Grant, Virginia Tech (2007) $600 August 31, 2021 Dear Mayor Turk, Vice Mayor Wallace and members of the Salem City Council, I want to thank each of you for allowing me the opportunity to fill the unexpired term of Dr. Michael Chiglinsky on the City of Salem School Board. It has been an honor and privilege to service on the City of Salem School Board. Please accept this as my letter of interest in one of the expiring terms to continue to serve and diligently work for our Salem community as a member of the City of Salem School Board. I have much adoration for our city and the people who reside here. I am eager to continue working with other leaders on the School Board, within the school system and with our city leaders to continue to improve Salem’s schools. I will continue to bring a fresh perspective to the Salem School Board and I have extensive experience serving in the school system and the community in various leadership roles. As my enclosed resume indicates, I manage upper management and their entire teams in addition to serving as the liaison for the State Office of the Attorney General and the Social Security Administration office. I also act as the representative and spokesperson. I currently serve on the Governors Coordinating Council on Homelessness which oversees implementation of state plan to address homelessness, addresses policy issues and facilitates efforts among secretariats and state agencies to enhance collaboration with local organizations. I also currently serve on the Personnel Board for the City of Salem. I have a current student in the Salem school district as well as a child that is an educator in a neighboring community. I would be delighted and honored to serve a full three year term on the City of Salem School Board. I look forward to speaking with you on September 13, 2021. Respectfully, Teresa Sizemore-Hernandez Teresa Sizemore-Hernandez Teresa Sizemore-Hernandez 309 Orchard Street,  Salem VA 24153  (540) 529-3283  tes129@gmail.com I am a self-motivated positive leader that believes public service is essential. Management professional successful in developing, implementing and managing government policies, procedures and budgets. I am a strong yet flexible leader that is adaptable to change. Skills  Strategic thinker  Strong public speaking  Strong Public Relations background  Strong analytical background  Goal-oriented  Negotiations  Organized  Effective team leader as well as member Professional Experience Commonwealth of Virginia, Disability Determination Services a division of DARS, Richmond VA- Professional Relations Coordinator  Manages upper management and their teams which include Professional Relations Officers, Vendor File Maintenance, Fiscal, Consultative Examination Schedulers as well as program specialists across five locations throughout the Commonwealth of Virginia. Ensures that qualified staff are hired, promoted, evaluated and given necessary development, training and guidance. Conduct annual and semiannual performance evaluations. Maintain a 97% accuracy rate. Communicates effectively with staff to keep them informed on goals, missions, and issues that impact the VA DDS, the agency and the budget.  Serves as the agency contact for the State Office of the Attorney General, DARS legal department, and Social Security Administration legal requests and actions. Investigates subpoenas and negotiates with attorneys issuing subpoenas when possible. Provides advice to DDS regional offices regarding subpoena compliance aligned to Privacy Act requirements. Responds and provides requested data as policy directs for all agency FOIA (Freedom of Information Act) requests.  Developed and coordinate the Virginia Disability Advisory Committee (VDAC) to bridge the communication gap with state and federal agencies as well as attorneys and disability advocates in the Commonwealth.  Serves as liaison to the Virginia Department of Medical Assistance Services and Social Services for Medicaid claims and Medicaid Hearings. Tracks aged Medical claims and works with the regional offices to expedite processing time. Provides training and promotes open communication with other state and federal agencies involved.  Acts as the VA DDS representative and spokesperson for community outreach and educational services to medical, paramedical, advocacy, social services and legislative groups. Revise and train the school divisions in the Commonwealth on the SSA/DDS teacher questionnaires for child disability claims. Promotes positive public relations, exemplifying a favorable image of the VA DDS to the public.  Directs statewide medical and professional relations program. Complies information for DDS regional offices, Social Security Administration (SSA) regional office and DARS. Conducts costs analysis of revisions of policies and procedures. Oversees our agency is providing payment to vendors within the Virginia Prompt Payment Act. Develop, project, propose and oversee my department annual budget.  Interprets SSA policies and procedures and applies them to state operations. Analyzes proposed changes in federal and state policies and procedures to determine probably impact, possible consequences, training needs, and identifies steps necessary to implement changes. Maintains the Standard Operating Procedures documents for several areas in the state. Additional Skills  Ability to field questions, encourage positive relationships and work well with others.  Ability to organize and manage multiple and sometimes unrelated responsibilities in a timely manner as well as prioritize duties.  Completed HIPAA Compliance Certification.  Proficient in Spanish Translation. Work email- Teresa.sizemore-hernandez@ssa.gov Work phone- 540-613-0344 Work website- virginiadds.org Item # 6B Date: 9/13/2021 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: September 13, 2021 AGENDA ITEM: Consideration of any potential changes Council would like to make in the City’s current adopted public comment procedures at Council meetings. SUBMITTED BY: Jay Taliaferro, City Manager SUMMARY OF INFORMATION: This time has been set aside at the direction of Council for discussion of the City’s public comment procedures for Council meetings and the consideration of any subsequent changes. Attached are the current procedures adopted by Council in June of 2020. FISCAL IMPACT: None IN THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, JUNE 22, 2020: RESOLUTION 1382 Resolution Pertaining to Public Comment Periods at Salem City Council Meetings WHEREAS, the City Council of the City of Salem, Virginia, highly values the input of the citizens in making important decisions which affect the residents of our community; and WHEREAS, the Salem City Council believes in the rights of citizens to ensure that all of its citizens have the opportunity to attend City Council Meetings and offer comment; WHEREAS, City Council recognizes that freedom of speech is protected by the First Amendment and is the hallmark of our democracy; and WHEREAS, a Public Comment Policy encourages an atmosphere of open, respectful and equitable communication in a public forum; and WHEREAS, pursuant to § 15.2-1416 of the Code of Virginia Regular Meetings of Local Governing Bodies, Salem City Council is required to set aside a portion of a public meeting at least quarterly for public comment on issues which may be of a concern to the public; and NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Salem, Virginia, hereby enacts the following guidelines for making public comments: 1. Public comment periods will be held on the first meeting of every month, unless otherwise announced. 2. Individuals who wish to speak to Council shall submit a request to the Clerk of Council by noon on the Wednesday prior to the regular Council meeting date. 3. Each speaker shall state his or her name, address, and topic for the submission and at the meeting. 4. Presentation time limits for each speaker will be limited to five minutes. 5. There will be a limit of five speakers for each public comment period. 6. No individual may speak more than once per comment period. 7. Speakers should not address an item that already has a public hearing component that same meeting. 8. A speaker may not present the same subject to Council in consecutive months. 9. Speakers cannot: • Promote private business ventures. • Campaign for office. • Use language that insults or demeans any person. • Make frivolous statements. • Address Council on issues that do not concern the services, policies, or affairs of the City of Salem. 10. The speaker must be a Salem resident or own a business located in Salem. 11. Council members shall not discuss issues raised by the public except by the consent of the majority of the Council members present. 12. Speakers must stay on the topic they signed-up for in their original submission. Upon a call for an aye and a nay vote, the same stood as follows: John E. Saunders – Aye James A. Martin – Aye William D. Jones – Aye Jane W. Johnson – Aye Byron Randolph Foley – Aye Passed: June 22, 2020 Effective: July 3, 2020 Mayor ATTEST: ___ James E. Taliaferro, II Clerk of Council City of Salem, Virginia Item #6C Date: 09/13/2021 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: September 13, 2021 AGENDA ITEM: Request to amend School Grants Fund budget as approved by the School Board on August 10, 2021 SUBMITTED BY: Rosemarie B. Jordan, Director of Finance SUMMARY OF INFORMATION: The School Grants Funds budget was amended for fiscal year 2021-2022 by the School Board at their meeting on August 10, 2021. The Board amended the School Grants Fund budget to increase revenues and expenditures by $3,863,206. They received notification from the Virginia Department of Education that they were awarded an allocation from the American Rescue Plan Act (ARPA) specific to the Elementary and Second ary School Emergency Relief III Fund (ESSER) for $3,760,004. They also received notification that they were awarded $73,202 for a Goodwill’s YouthBuild Roanoke grant. In addition to these grants, they were awarded a $30,000 grant from VDOE for Jobs for V irginia Graduates. The attached memo covers the various appropriation changes. FISCAL IMPACT: Appropriation changes totaling $3,863,206 are to be made to the School Grants Funds. STAFF RECOMMENDATION: Staff recommends that Council approve the School Board’s appropriation changes of $3,863,206 be made to the School Grants Funds, per the attached report. Salem City Schools Grant Budget Adjustments Report August 10, 2021 Summary of Issue: At times during the year, additional funding may be r eceived by the school division through donation, grant, increased funding due to ADM (Average Daily Membership) increases, or some other means. This revenue increases the budget requiring Board approval before the funds can be utilized. Grant budgets need to be adjusted at this time because new grants have been awarded since budget adoption and needs to be accounted for on the books. We received notification from the VDOE on April 30, 2021 that we were awarded an allocation of $3,760,004.07 from the American Rescue Plan (ARP) Act that was signed into law on March 11, 2021. The allocation is specific to the Elementary and Secondary School Emergency Relief (ESSER) III Fund. The intention of providing these funds is to assist school divisions in safely reopening and sustaining the safe operation of schools and address the impacts of COVID-19 on the nation’s students by addressing students’ academic, social, emotional and mental health needs. These funds do not have to be spent until Septembe r of 2024, so there will be carryover into multiple fiscal years. The tentative plan for the use of these funds include:  Additional HVAC needs within the division to improve air quality & reduce transmission  Sanitizing and cleaning supplies  Additional resources for an expanded summer school program to address learning loss  Professional development for teachers associated with trauma and social emotional learning needs  Additional positions to support class size, aid in small group instruction, and support of staff to help create and implement curriculum, and to analyze the data to help student meet achievement goals, as well as a support position to assist in managing the grant funds  Student Services positions to support needs of student returning to school  Professional services for student assessment of engagement and mental health  Curriculum needs and social emotional resources for staff and students  Buses and furniture needs to properly social distance We received notification on July 15, 2021 that through our Adult Education Program, we were awarded $73,202 for a Goodwill’s YouthBuild Roanoke grant. Goodwill Industries of the Valleys will partner with Build Smart Institute and th e local workforce development board to assist 64 at- risk youth in Roanoke, VA gain academic proficiency, leadership skills, construction and healthcare credentials, work-based learning, and career placement through its YouthBuild Roanoke Project. The funding will go toward personnel costs to provide the program. We received notification from VDOE on July 28, 2021 that we were awarded $30,000 for another Jobs for Virginia Graduates (JVG) grant for the FY 22 school year. These funds will be used to continue the add-on program that focuses on career readiness from students selected to participate from Salem High School. Policy Reference: DA-BR Budget Transfers Fiscal Impact: The budget adjustments will increase the revenue and expenditure budgets in the School Grant Fund (attachment A & B) in total by the same amount of $3,863,206.07. Recommended Action: Move approval of the budget adjustments in the School Grant Fund as presented and recommend that City Council approve the same. To set up budget for new revenues received in FY 22 Account Code Description Revenue Amount Expenditure Amount Grant Fund: 32-540-00-00-9-000-6XXXX CRRSA ESSER III 84.425U 3,760,004.07$ 32-540-64-64-9-420-78020 Furniture & Equipment > $5,000 77,298.00$ Additional Cafeteria Tables, and Playground Equipment to Assist with Social Distancing 32-540-63-63-9-350-78030 School Buses and Other Vehicles 140,000.00$ Buses to Assist with Social Distancing 32-540-64-64-9-420-76110 Supplies - Operational 111,000.00$ Sanitizing and cleaning supplies, as well as PPE 32-540-61-10-2-120-76435 Supplies - Instructional 40,538.00$ Handwriting Without Tears Curriculum for Sped Students & Social Emotional resources for staff 32-540-64-64-9-420-73180 Repair/Maint - Other Contracted 150,000.00$ HVAC Controls replacements 32-540-61-10-2-110-73037 Contractual Services - Other 25,000.00$ Mental Health Services 32-540-61-10-2-120-73037 Contractual Services - Other 25,000.00$ Mental Health Services - Sped 32-540-61-10-2-110-73037 Contractual Services - Other 2,000.00$ Licenses for Online classes 32-540-61-10-3-110-73037 Contractual Services - Other 5,000.00$ Licenses for Online classes 32-540-61-10-4-110-73037 Contractual Services - Other 3,000.00$ Licenses for Online classes 32-540-62-62-9-213-73210 Special Report Services 180,000.00$ Professional Services for Engagement Surveys & Analysis 32-540-61-10-6-160-71195 Compensation - Summer School Principal 42,611.00$ Adt'l Principal for Expanded Summer School Pgm 32-540-61-10-6-160-71196 Compensation - Summer School Teacher 250,000.00$ Adt'l Teachers & Nurse for Expanded Summer School Pgm 32-540-61-10-6-160-71151 Compensation - Instructional Asst 25,968.00$ Adt'l Support for Expanded Summer School Pgm 32-540-61-10-6-160-72100 FICA 24,372.00$ Associated FICA 32-540-61-10-6-160-72210 VRS Pension 7,082.00$ Associated Benefits 32-540-61-10-6-160-72300 Group Health and Dental Insurance 1,444.00$ Associated Benefits 32-540-61-10-6-160-72400 VRS Group Life Insurance 571.00$ Associated Benefits 32-540-61-10-6-160-72750 VRS Retiree Health Care Credit 515.00$ Associated Benefits 32-540-63-63-9-160-71170 Compensation - Bus Drivers 30,209.00$ Transportation for Adt'l Routes 32-540-63-63-9-160-72100 FICA 2,311.00$ Associated FICA 32-540-61-10-2-110-71120 Compensation - Instructional Salaries 524,770.00$ Elementary Teachers, Instructional Coaches, Curriculum development stipends & PD Stipends 32-540-61-10-2-110-72100 FICA 40,137.00$ Associated FICA 32-540-61-10-2-110-72210 VRS Pension 79,776.00$ Associated Benefits 32-540-61-10-2-110-72300 Group Health and Dental Insurance 26,001.00$ Associated Benefits 32-540-61-10-2-110-72400 VRS Group Life Insurance 6,432.00$ Associated Benefits 32-540-61-10-2-110-72750 VRS Retiree Health Care Credit 5,808.00$ Associated Benefits 32-540-61-10-3-110-71120 Compensation - Instructional Salaries 644,770.00$ Secondary Teachers, Instructional Coaches, Curriculum Development Stipends & PD Stipends 32-540-61-10-3-110-72100 FICA 49,317.00$ Associated FICA 32-540-61-10-3-110-72210 VRS Pension 99,720.00$ Associated Benefits 32-540-61-10-3-110-72300 Group Health and Dental Insurance 30,335.00$ Associated Benefits 32-540-61-10-3-110-72400 VRS Group Life Insurance 8,040.00$ Associated Benefits 32-540-61-10-3-110-72750 VRS Retiree Health Care Credit 7,260.00$ Associated Benefits Salem City Schools Grant Budget Adjustments 8/10/2021 Attachment A 32-540-61-10-4-110-71120 Compensation - Instructional Salaries 104,770.00$ Instructional Coaches, Curriculum Development Stipends & PD Stipends 32-540-61-10-4-110-72100 FICA 8,007.00$ Associated FICA 32-540-61-10-4-110-72210 VRS Pension 9,972.00$ Associated Benefits 32-540-61-10-4-110-72300 Group Health and Dental Insurance 4,333.00$ Associated Benefits 32-540-61-10-4-110-72400 VRS Group Life Insurance 804.00$ Associated Benefits 32-540-61-10-4-110-72750 VRS Retiree Health Care Credit 726.00$ Associated Benefits 32-540-68-10-9-800-71139 Compensation - ITRT 180,000.00$ ITRT 32-540-68-10-9-800-72100 FICA 13,770.00$ Associated FICA 32-540-68-10-9-800-72210 VRS Pension 29,916.00$ Associated Benefits 32-540-68-10-9-800-72300 Group Health and Dental Insurance 8,667.00$ Associated Benefits 32-540-68-10-9-800-72400 VRS Group Life Insurance 2,412.00$ Associated Benefits 32-540-68-10-9-800-72750 VRS Retiree Health Care Credit 2,178.00$ Associated Benefits 32-540-61-10-2-110-71151 Compensation - Instructional Asst 168,000.00$ Support Specialists 32-540-61-10-2-110-72100 FICA 12,852.00$ Associated FICA 32-540-61-10-2-110-72210 VRS Pension 27,922.00$ Associated Benefits 32-540-61-10-2-110-72300 Group Health and Dental Insurance 17,334.00$ Associated Benefits 32-540-61-10-2-110-72400 VRS Group Life Insurance 2,251.00$ Associated Benefits 32-540-61-10-2-110-72750 VRS Retiree Health Care Credit 2,033.00$ Associated Benefits 32-540-62-62-9-224-71185 Compensation - Speech and Vision Teachers 180,000.00$ Speech Language Pathologist 32-540-62-62-9-224-72100 FICA 13,770.00$ Associated FICA 32-540-62-62-9-224-72210 VRS Pension 29,916.00$ Associated Benefits 32-540-62-62-9-224-72300 Group Health and Dental Insurance 8,667.00$ Associated Benefits 32-540-62-62-9-224-72400 VRS Group Life Insurance 2,412.00$ Associated Benefits 32-540-62-62-9-224-72750 VRS Retiree Health Care Credit 2,178.00$ Associated Benefits 32-540-62-62-9-222-71131 Compensation - School Nurses 60,000.00$ Nurse 32-540-62-62-9-222-72100 FICA 4,590.00$ Associated FICA 32-540-62-62-9-222-72210 VRS Pension 9,972.00$ Associated Benefits 32-540-62-62-9-222-72300 Group Health and Dental Insurance 8,667.00$ Associated Benefits 32-540-62-62-9-222-72400 VRS Group Life Insurance 804.00$ Associated Benefits 32-540-62-62-9-222-72750 VRS Retiree Health Care Credit 726.00$ Associated Benefits 32-540-61-31-4-110-71150 Compensation - Clerical 132,000.00$ Grant Specialist 32-540-61-31-4-110-71150 FICA 10,098.00$ Associated FICA 32-540-61-31-4-110-71150 VRS Pension 21,939.00$ Associated Benefits 32-540-61-31-4-110-71150 Group Health and Dental Insurance 8,667.00$ Associated Benefits 32-540-61-31-4-110-71150 VRS Group Life Insurance 1,769.00$ Associated Benefits 32-540-61-31-4-110-71150 VRS Retiree Health Care Credit 1,598.00$ Associated Benefits 3,760,004.07$ 3,760,005.00$ (0.93)$ To set up budget for new revenues received in FY 22 Account Code Description Revenue Amount Expenditure Amount Grant Fund: 32-550-00-00-9-000-6XXXX Goodwill YouthBuild 17.274 73,202.00$ 32-550-61-10-7-170-71120 Compensation - Instructional Salaries 68,000.00$ 32-550-61-10-7-170-72100 FICA 5,202.00$ 73,202.00$ 73,202.00$ 32-520-00-00-9-000-61625 Jobs for Virginia Graduates (JVG) Grant 30,000.00$ 32-520-61-10-3-110-71120 Compensation - Instructional Salaries 22,280.00$ 32-520-61-10-3-110-72100 FICA 1,704.00$ 32-520-61-10-3-110-73037 Contractual Services 5,000.00$ 32-520-61-10-3-110-76435 Supplies - Instructional 1,016.00$ 30,000.00$ 30,000.00$ Salem City Schools Grant Budget Adjustments 8/10/2021 Attachment B Item #6D Date: 09/13/2021 1 Item #6E Date: September 13, 2021 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: September 13, 2021 AGENDA ITEM: Request to approve resolution to amend financing agreement with VRA for 2004 borrowing SUBMITTED BY: Rosemarie Jordan, Director of Finance SUMMARY OF INFORMATION: The City issued Taxable General Obligation Public Improvement Bon ds, Series 2004 in a maximum principal amount of $11,052,222 to fund sewer rehabilitation work. We have received a letter from the Virginia Resources Authority (VRA) that the Virginia Department of Environmental Quality has authorized a reduction of the Cost of Funds on this Series 2004 borrowing from 3% to 1%. DEQ and VRA offered a rate reduction to the prevailing market rate. Implementation of this rate reduction will require an amendment to the Financing Agreement and an allonge to the bond . FISCAL IMPACT: The estimated annual savings from this rate reduction will be $184,755. This savings will impact the Sewer Fund. STAFF RECOMMENDATION: Staff recommends adopting the attached resolution and allonge to accept the rate reduction being proposed by VRA for the Series 20 04 borrowing. COVERING CERTIFICATE FOR RESOLUTION The undersigned City Clerk 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 AUTHORIZING THE EXECUTION OF AN AMENDMENT TO FINANCING AGREEMENT BETWEEN THE CITY OF SALEM, VIRGINIA, AND THE VIRGINIA RESOURCES AUTHORITY, AS ADMINISTRATOR OF THE VIRGINIA WATER FACILITIES REVOLVING FUND, AND AMENDMENTS TO THE CITY’S TAXABLE GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND, SERIES 2004A, FOR THE PURPOSE OF DECREASING THE COST OF FUNDS THEREON” (the “Resolution”). The Resolution was adopted at a regular meeting of the Council of the City (the “Council”) held on September 13, 2021, by a majority of all members of the Council by an affirmative roll-call vote. 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. 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) Renée F. Turk, Mayor Jim Wallace, Vice Mayor Byron R. Foley William D. Jones John Saunders 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 September, 2021. (Seal) H. Robert Light, City Clerk, City of Salem, Virginia IN THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, SEPTEMBER 13, 2021: RESOLUTION NO. 1407 RESOLUTION AUTHORIZING THE EXECUTION OF AN AMENDMENT TO FINANCING AGREEMENT BETWEEN THE CITY OF SALEM, VIRGINIA, AND THE VIRGINIA RESOURCES AUTHORITY, AS ADMINISTRATOR OF THE VIRGINIA WATER FACILITIES REVOLVING FUND, AND AMENDMENTS TO THE CITY’S TAXABLE GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND, SERIES 2004A, FOR THE PURPOSE OF DECREASING THE COST OF FUNDS THEREON WHEREAS, in February 2004, the City of Salem, Virginia (the “City”), issued its Taxable General Obligation Public Improvement Bond, Series 2004A, in the maximum principal amount of $5,600,000 (the “Original 2004A Bond”), to the Virginia Resources Authority (“VRA”), as Administrator of the Virginia Water Facilities Revolving Fund, pursuant to the terms of a Financing Agreement dated as of February 1, 2004 (the “Original 2004 Financing Agreement”), between the City and VRA; WHEREAS, in October 2005, (a) the City and VRA entered into a First Amendment to Financing Agreement dated as of October 1, 2005 (together with the Original 2004 Financing Agreement, the “2004 Financing Agreement”), which amended the Original 2004 Financing Agreement to increase the aggregate amount of principal advances permitted to be made thereunder from $5,600,000 to $11,052,222, and (b) the City executed an Allonge to the Original 2004A Bond (together with the Original 2004A Bond, the “2004A Bond”) to evidence the corresponding increase in the debt service payments due under the Original 2004A Bond; WHEREAS, the City, with the consent of VRA and the Virginia Department of Environmental Quality, proposes to amend the 2004 Financing Agreement to decrease the Cost of Funds (as defined in the 2004 Financing Agreement) on the 2004A Bond and to reduce the amount of the debt service payments thereunder; WHEREAS, there have been circulated in advance of this meeting the following documents: (a) the form of a Second Amendment to Financing Agreement (the “Second Amendment”) between the City and VRA, which, among other things, amends certain provisions of the 2004 Financing Agreement, including the amount of the debt service payments due under the 2004A Bond; and (b) the form of a Second Allonge (the “Second Allonge”), which shall be attached to the 2004A Bond, that evidences the reduction in the amount of the debt service payments due under the 2004A Bond; and WHEREAS, it appears to be in the best interests of the City to amend the 2004 Financing Agreement as set forth in the Second Amendment; 2 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA: 1. Findings and Authorization. The Council of the City (the “Council”) hereby finds that the reduction of the amount of the debt service payments due under the 2004A Bond will promote the health, safety, welfare, morals and prosperity of the residents served by the City and will promote the governmental purposes for which the City was formed. Accordingly, the Council hereby authorizes the City to undertake the amendments described in the Second Amendment and the Second Allonge. 2. Approval and Execution of Second Amendment. The form of the Second Amendment circulated in advance of this meeting is hereby approved. The Mayor, the Vice Mayor and the City Manager, any of whom may act, are hereby authorized to execute the Second Amendment in substantially such form, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the Mayor, the Vice Mayor or the City Manager, whose approval shall be evidenced conclusively by the execution and delivery thereof. 3. Approval and Execution of Second Allonge. The form of the Second Allonge circulated in advance of this meeting is hereby approved. The Mayor and the Vice Mayor, either of whom may act, are hereby authorized and directed to execute and deliver the Second Allonge in substantially such form to reflect the same amended terms as contained in the Second Amendment, with such other completions, omissions, insertions and changes not inconsistent with this Resolution and the Second Amendment as may be approved by the Mayor or Vice Mayor, whose approval shall be evidenced conclusively by the execution and delivery thereof. The City Clerk and any Deputy City Clerk, any of whom may act, are hereby authorized to affix the seal of the City on the Second Allonge and attest thereto. 4. Other Actions. All other actions of the officers of the City in conformity with the purposes and intent of this Resolution and in furtherance of the execution and delivery of the Second Amendment and the Second Allonge are hereby ratified, approved and confirmed. The officers of the City are further authorized and directed to execute and deliver all certificates and instruments and to take all action necessary or desirable in connection with the execution and delivery of the Second Amendment and the Second Allonge. 5. Effective Date. This Resolution shall take effect immediately. 3 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 SECOND ALLONGE DATED _______ __, 2021, ATTACHED TO CITY OF SALEM, VIRGINIA TAXABLE GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND, SERIES 2004A, DATED FEBRUARY 20, 2004, AS AMENDED BY AN ALLONGE DATED OCTOBER 1, 2005, PAYABLE TO VIRGINIA RESOURCES AUTHORITY, AS ADMINISTRATOR OF THE VIRGINIA WATER FACILITIES REVOLVING FUND The text of the Bond is hereby amended, and this Second Allonge shall be executed, authenticated and acknowledged, as follows: (a) The interest on this Bond (R-1) is reduced from 3.00% per annum to 1.00% per annum beginning on September 1, 2021. (b) The semiannual installment payments of principal and interest due on January 1, 2022 and on each January 1 and July 1 thereafter are changed to $357,903.88, with the final installment of $357,903.90 due on July 1, 2026, when, if not sooner paid, all amounts due hereunder and under this Bond shall be due and payable in full. The Borrower ratifies and confirms the Bond as modified hereby and, except as specifically modified hereby, the terms and provisions of the Bond remain in full force and effect. The Bond as modified hereby shall be interpreted and construed in accordance with Virginia law. This Second Allonge shall be physically attached to the Bond, simultaneously with the entry into this Second Allonge by the parties hereto, to evidence the modification of the provisions of the Bond which are affected hereby. IN WITNESS WHEREOF, the City of Salem, Virginia, has caused this Second Allonge to be signed by the manual signature of its Mayor and its seal to be affixed and attested by the manual signature of its Clerk as of the date set forth above. CITY OF SALEM, VIRGINIA By: __________________________________ Mayor [SEAL] ATTEST: Clerk, City Council [Signature page to Second Allonge (Taxable General Obligation Public Improvement Bond, Series 2004A)] 19756163v1 Virginia Resources Authority, as Administrator of the Virginia Water Facilities Revolving Fund, hereby agrees to the aforementioned amendments set forth in this Second Allonge. APPROVED: VIRGINIA RESOURCES AUTHORITY, as Administrator of the Virginia Water Facilities Revolving Fund By_____________________________ Stephanie L. Hamlett Executive Director [Signature page to Second Allonge (Taxable General Obligation Public Improvement Bond, Series 2004A)] K&C Draft 8/24/21 SECOND AMENDMENT TO FINANCING AGREEMENT Between VIRGINIA RESOURCES AUTHORITY, as Administrator of the Virginia Water Facilities Revolving Fund And CITY OF SALEM, VIRGINIA Virginia Resources Authority Virginia Water Facilities Revolving Fund Loan No. C-515295-02 -1- SECOND AMENDMENT TO FINANCING AGREEMENT THIS SECOND AMENDMENT TO FINANCING AGREEMENT (this “Amendment”) is made as of ______ 1, 2021, between the VIRGINIA RESOURCES AUTHORITY, a public body corporate and a political subdivision of the Commonwealth of Virginia (the “Authority”), as Administrator of the VIRGINIA WATER FACILITIES REVOLVING FUND (the “Fund”), and the CITY OF SALEM, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the “Borrower”). A. On February 20, 2004, the Borrower issued its Taxable General Obligation Public Improvement Bond, Series 2004A, in the maximum principal amount of $5,600,000, as amended by an Allonge dated October 1, 2005, which increased the maximum principal amount to $11,052,222 (as amended, the “Local Bond”), and sold the Local Bond to the Authority, as Administrator of the Fund, pursuant to a Financing Agreement dated as of October 1, 2004, amended by the First Amendment to Financing Agreement dated October 1, 2005 (as amended, the “Financing Agreement”), between the Authority and the Borrower. B. The Authority and the Borrower desire to amend the Financing Agreement, as set forth herein. C. The Authority and the Borrower, with the consent of the Department of Environmental Quality (the “Department”), hereby set forth certain amendments to the Financing Agreement. NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter contained, the Authority and the Borrower, with the consent of the Department, covenant and agree as follows: ARTICLE I DEFINITIONS Section 1.1 Definitions. The capitalized terms contained in this Amendment shall have the meanings set forth in the Financing Agreement except as defined in the recitals above or unless the context otherwise requires. ARTICLE II AMENDMENTS TO FINANCING AGREEMENT Section 2.1 Amendments to Section 1.1 of the Financing Agreement. (a) Section 1.1 of the Financing Agreement is amended by inserting the following before the definition of “Authorized Representative”: -2- ““Allonges” means, together, that certain Allonge to the Local Bond authorized by a resolution duly adopted by the Borrower on September 26, 2005, and dated October 1, 2005, and that certain Second Allonge to the Local Bond authorized by a resolution duly adopted by the Borrower on September 13, 2021, and dated ________ __, 2021.” (b) Section 1.1 of the Financing Agreement is amended by deleting the definition of “Local Bond” and inserting the following therefor: ““Local Bond” means, collectively, the Taxable General Obligation Public Improvement Bond, Series 2004A, in the maximum principal amount of $11,052,222, as amended by the Allonges, attached to the Local Bond and made a part thereof.” Section 2.2 Amendments to Section 6.1 of the Financing Agreement. Section 6.1 of the Financing Agreement is amended to read as follows: “The Local Bond shall be dated the date thereon. The interest on the Local Bond shall be computed on the disbursed principal balance thereof at the rate of three percent (3.00%) per annum from the date of each disbursement until September 1, 2021, and on and after that date until payment of the entire principal amount, at the rate of one percent (1.00%) per annum. On and after September 1, 2021, the interest on the Local Bond shall be allocated in accordance with the following: (i) ninety one-hundredths percent (0.90%) per annum for the benefit of the Fund, and (ii) ten one-hundredths percent (0.10%) per annum payable for the benefit of the Authority as an annual administrative fee. Interest only on all amounts disbursed under the Local Bond shall be due and payable on January 1, 2007. Commencing July 1, 2007, and continuing semi- annually thereafter on January 1 and July 1 in each year through and including July 1, 2021, principal and the interest due under the Local Bond shall be payable in equal installments of $376,379.33. Commencing January 1, 2022, and continuing semi-annually thereafter on January 1 and July 1 of each year, principal and the interest due under the Local Bond shall be payable in equal installments of $357,903.88, with a final installment of $357,903.90 due and payable on July 1, 2026, when, if not sooner paid, all amounts due hereunder and under the Local Bond shall be due and payable in full. Each installment shall be applied first to payment of the interest accrued and unpaid to the payment date and then to principal. If any installment of principal of or interest on the Local Bond is not paid within ten (10) days after its due date, the Borrower agrees to pay to the Authority a late payment charge in an amount equal to give percent (5.0%) of the overdue amount.” -3- ARTICLE III MISCELLANEOUS Section 3.1 Successors and Assigns. This Amendment shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Section 3.2 Applicable Law. This Amendment shall be governed by the laws of the Commonwealth of Virginia. Section 3.3 Ratification of Financing Agreement. All of the representations and warranties of the Borrower contained in the Financing Agreement are true and correct as of the date hereof. All terms of the Financing Agreement except as amended or modified by the terms of this Amendment are hereby reaffirmed, ratified and confirmed. This Amendment shall not be construed as and is not intended as a novation of the Local Bond. Section 3.4 Severability. If any clause, provision or section of this Amendment shall be held illegal or invalid by any court, the illegality or invalidity of such clause, provision or section shall not affect the remainder of this Amendment which shall be construed and enforced as if such illegal or invalid clause, provision or section had not been contained in this Amendment. If any agreement or obligation contained in this Amendment is held to be in violation of law, then such agreement or obligation shall be deemed to be the agreement or obligation of the Authority and the Borrower, as the case may be, only to the extent permitted by law. Section 3.5 Headings. The headings of the several articles and sections of this Amendment are inserted for convenience only and do not comprise a part of this Amendment. Section 3.6 Term of Amendment. This Amendment shall be effective upon its execution and delivery, provided that the Local Bond previously or simultaneously has been executed and delivered. Except as otherwise specified, the Borrower’s obligations under the Local Bond and this Amendment shall expire upon payment in full of the Local Bond and all other amounts payable by the Borrower under the Financing Agreement. Section 3.7 Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] S-1 19756529v1 WITNESS the following signatures, all duly authorized. VIRGINIA RESOURCES AUTHORITY, as Administrator of the Virginia Water Facilities Revolving Fund By: Stephanie L. Hamlett, Executive Director CITY OF SALEM, VIRGINIA By: Its: 1 Item #6F Date: September 13, 2021 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: September 13, 2021 AGENDA ITEM: Request to approve reimbursement resolution for the Fiscal Year 2022 borrowing SUBMITTED BY: Rosemarie Jordan, Director of Finance SUMMARY OF INFORMATION: The City intends to borrow funds during fiscal year 2022 to finance the renovations of Moyer Sports Complex. Due to the timing of this project, funds may be expended prior to the debt issuance. In order to ensure that the City can be reimbursed from the bond proceeds, a reimbursement resolution needs to be a dopted giving the City the ability to reimburse any funds expended for this project prior to closing on the borrowing. FISCAL IMPACT: The impact of this resolution will be to allow the City to reimburse our accounts for any funds expended for any projects included in the proposed borrowing. STAFF RECOMMENDATION: Staff recommends adopting the attached reimbursement resolution 1408 allowing the City to be reimbursed from bond proceeds once a borrowing is completed during fiscal year 2022. IN THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, SEPTEMBER 13, 2021: RESOLUTION 1408 RESOLUTION OF OFFICIAL INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF A BORROWING WHEREAS, the City of Salem, Virginia (the “Borrower”), intends to acquire, construct and equip certain capital projects, including without limitation, the renovations at Moyer Sports Complex, (collectively, the “Project”); and WHEREAS, plans for the Project have advanced and the Borrower expects to advance its own funds to pay expenditures related to the Project (the “Expenditures”) prior to incurring indebtedness and to receive reimbursement for such Expenditures from proceeds of tax -exempt bonds or taxable debt, or both; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA: 1. The Borrower intends to utilize the proceeds of tax-exempt bonds (the “Bonds”) or to incur other debt, in an amount not currently expected to exceed $15,000,000. 2. The Borrower intends that the proceeds of the Bonds be used to reimburse the Borrower for Expenditures with respect to the Project made on or after the date that is no more than 60 days prior to the date of this Resolution. The Borrower reasonably expects on the date hereof that it will reimburse the Expenditures with the proceeds of the Bonds or other debt. 3. Each Expenditure was or will be, unless otherwise approved by bond counsel, either (a) of a type properly chargeable to a capital account under general federal income tax principles (determined in each case as of the date of the Expenditure), (b) a cost of issuance with respect to the Bonds, (c) a nonrecurring item that is not customarily payable from current revenues, or (d) a grant to a party that is not related to or an agent of the Borrower so long as such grant does not impose any obligation or condition (directly or indirectly) to repay any amount to or for the benefit of the Borrower. 4. The Borrower intends to make a reimbursement allocation, which is a written allocation by the Borrower that evidences the Borrower’s use of proceeds of the Bonds to reimburse an Expenditure, no later than 18 months after the later of the date on which the Expenditure is paid or the Project is placed in service or abandoned, but in no event more than three years after the date on which the Expenditure is paid. The Borrower recognizes that exceptions are available for certain “preliminary expenditures,” costs of issuance, certain de minimis amounts, expenditures by “small issuers” (based on the year of issuance and not the year of expenditure) and expenditures for construction of at least five years. 5. The Borrower intends that the adoption of this resolution confirms the “official intent” within the meaning of Treasury Regulations Section 1.150-2 promulgated under the Internal Revenue Code of 1986, as amended. 6. This resolution shall take effect immediately upon its passage. Adopted September 13, 2021. 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 Item #6G Date: September 13, 2021