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HomeMy WebLinkAbout3/22/2021 - City Council - Agenda -RegularCity Council Meeting A G E N D A Monday, March 22, 2021, 6:30 PM Community Room, Salem Civic Center, 1001 Roanoke Boulevard, Salem, Virginia 24153 1.Call to Order 2.Pledge of Allegiance 3.Bid Openings, Awards, Recognitions 4.Consent Agenda A.Minutes Consider the acceptance of the minutes for the March 8, 2021 work session and regular meeting. B.F inancial Reports Consider acceptance of the Statement of Revenues and Expenses for the eight months ending February 28, 2021. 5.Old Business 6.New Business A.P ersonal P roperty Tax Relief Act (P P T RA) Consider request to adopt Resolution 1390 setting the allocation percentage for personal property tax relief for the 2021 tax year. B.RVRA Resolution and Support Agreement for Borrowing B y the Authority Consider request to approve C ity of Salem support of financing by the Roanoke Valley Resource Authority (RVRA) and authorization for the City Manager to execute the Support Agreement. C.Boards and Commissions Consider appointments to various boards and commissions. 7.Adjournment Audi t F i nance Commi ttee Meeti ng i s cancel l ed. Work Sessi on i s cancel l ed Item 4A 3-22-21 basis? Bottom line, The Salem Way should no longer be to kick the can down the road. Summer is almost here. Taking action now is appropriate and much needed." Mr. Breen ended by thanking Council for their attention. Mayor Turk thanked Mr. Breen for his comments and said stated that Council would talk to staff about his suggestions. Kim O'Conner, 46 Upland Drive, was the second citizen to appear before Council. Ms. O'Conner stated that her topic for the evening is "Short Term Rental Policy." Ms. O'Conner shared a packet of information with Council. She stated that she was present this evening because the city feels she is in violation of the city's short-term rental policy by renting her home that is in a residential area. She was told thru Zoning that through their interpretation of the law, she is in violation. She received a letter on Saturday that gives her 30 days to cease renting her house. Zoning also stated that unless someone plans on renting a year or longer, becoming a resident in the City of Salem by changing their voting registration to Salem, registering their cars in Salem, etc. that she should consider them a short-term rental. "After working in the City for over fifteen years I took the plunge and bought a house inside the limits, completely remodeled it, and began renting it last month. What began as an exciting adventure turned sour very quickly. Being a hotelier in the Salem community I can tell you firsthand that there is a need for short term rentals. I receive many calls a day from people looking for a short­ term rental that have more than one bedroom and a full kitchen. Some of these people are 13 week contract health care workers working for Lewis Gale or the VA, construction workers on long term projects, parents of children visiting Roanoke College, patients from rural areas who are seeking long term treatment for cancer, parents of children playing in one of the area's many sporting events booked by John and Carey, food vendors for the Salem Fair, an engineer who has taken a contract position at TMEIC, Red Sox players who need a place to live for just six months. This just names a few. Our hotels cannot meet the needs of all these individuals. If Salem chooses to ban short term rentals, your neighboring cities are welcom ing these people and their money with open arms. Salem is missing out on the tax revenue as well as the registration fee that other areas charge that range anywhere from $200 to $350 per year per unit. Roanoke, Blacksburg, and Franklin counties all allow short term rentals in residential settings. In other counties the owner is required to file a registration each year that comes with a fee as well as remit occupancy tax. Schedule A Current Year Current Year % of Prior Year Budget Year to Date Budget Year to Date Variance Revenues: Beginning Balance 7-1-20 7,344,190$ - 0%- -$ General Property Taxes 38,989,443 15,559,352 40%14,579,694 979,658 Other Local Taxes 19,241,000 12,481,852 65%13,330,871 (849,019) Permits and Licenses 324,450 205,012 63%239,222 (34,210) Fines and Forfeitures 70,000 29,011 41%37,090 (8,079) Revenue from Use of Money and Property 1,412,273 315,281 22%1,416,120 (1,100,839) Charges for Services 3,503,257 1,766,250 50%2,164,022 (397,773) Payment in Lieu of Taxes from Electric Fund 3,160,000 3,160,000 100%3,160,000 - Payment in Lieu of Taxes from Water Fund 167,000 119,913 72%117,788 2,126 Miscellaneous Revenue 327,709 191,280 58%283,664 (92,385) Non-Categorical Aid 3,884,907 727,532 19%777,372 (49,840) Shared Expenses 1,383,069 798,515 58%663,594 134,922 Categorical Aid 12,145,068 7,223,040 59%3,922,720 3,300,320 Non-Revenue Receipts 7,577 8,578 113%64,930 (56,352) Transfer From Other Funds 335,000 - 0%- - Total Revenues 92,294,943 42,585,615 46%40,757,087 1,828,528 Expenditures: General Government 7,502,377 5,063,236 67%4,784,845 278,391 Judicial Administration 2,383,955 1,585,526 67%1,428,158 157,369 Public Safety 19,597,624 12,215,156 62%11,684,636 530,521 Public Works 15,644,723 10,850,589 69%5,646,578 5,204,011 Health and Welfare 5,616,855 3,121,019 56%2,715,880 405,139 Education 23,456,497 17,324,940 74%16,427,053 897,887 Parks, Recreation and Cultural 6,414,718 3,434,553 54%3,689,795 (255,242) Community Development 3,166,043 2,278,243 72%2,312,083 (33,840) Non-Departmental 6,305,438 3,932,491 62%4,623,725 (691,234) Contingency 1,228,631 - 0%- - Contingency for Economic Dev. Opportunities 100,000 - 0%- - Reserve for Capital 878,082 - 0%- - Total Expenditures 92,294,943 59,805,754 65%53,312,753 6,493,000 Revenues Over/(Under) Expenditures -$ (17,220,139)$ (12,555,666)$ (4,664,473)$ City of Salem, Virginia General Fund Statement of Revenues and Expenditures For Eight Months Ending February 28, 2021 Item 4B 3-22-21 Schedule B - 50,000.00 100,000.00 150,000.00 200,000.00 250,000.00 300,000.00 350,000.00 400,000.00 450,000.00 500,000.00 550,000.00 600,000.00 650,000.00 700,000.00 750,000.00 800,000.00 850,000.00 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June City of Salem Sales Tax Summary For Fiscal Years 2019 -2021 FY 2019 FY 2020 FY 2021 Schedule C 50,000.00 100,000.00 150,000.00 200,000.00 250,000.00 300,000.00 350,000.00 400,000.00 450,000.00 500,000.00 550,000.00 600,000.00 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June City of Salem Meals Tax Summary For Fiscal Years 2019 -2021 FY 2019 FY 2020 FY 2021 Schedule D - 25,000.00 50,000.00 75,000.00 100,000.00 125,000.00 150,000.00 175,000.00 200,000.00 225,000.00 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June City of Salem Lodging Tax Summary For Fiscal Years 2019 -2021 FY 2019 FY 2020 FY 2021 City of Salem, Virginia Debt Outstanding For Period Ending February 28, 2021 Schedule E Balance Principal Balance 7/1/2020 Issuances Payments 2/28/2021 City Debt Outstanding 2010B VML/VACO Series G Build America Bonds 315,000$ -$ (315,000)$ -$ 2010D VML/VACO Bonds I Tax Exempt Bonds 1,470,000 - - 1,470,000 2011 Union First Market Refunding Bonds 1,579,842 - (409,050) 1,170,792 2013 Public Improvement Bonds 1,245,825 - (89,425) 1,156,400 2016B Public Improvement Bonds 850,793 - - 850,793 2019 Public Improvement Bonds 4,859,000 - - 4,859,000 2020 Public Improvement Bonds 2,595,000 - - 2,595,000 2020 Public Improvement Refunding Bonds 5,799,023 - - 5,799,023 Total City Debt Outstanding 18,714,483 - (813,475) 17,901,008 School Debt Outstanding 2011 Union First Market Refunding Bonds 2,765,158 - (715,950) 2,049,208 2012A Public Improvement Bonds 6,204,250 - (477,250) 5,727,000 2013 Public Improvement Bonds 3,839,175 - (275,575) 3,563,600 2020 Public Improvement Bonds 23,960,000 - - 23,960,000 Total School Debt Outstanding 36,768,583 - (1,468,775) 35,299,808 Total Debt Outstanding 55,483,066$ -$ (2,282,250)$ 53,200,816$ City of Salem, Virginia Capital Projects Fund Statement of Revenues and Expenditures For Period Ending February 28, 2021 Schedule F Project Total Available Year To Budget To Date Encumbrances Project Balance Date Fund Balance, July 1, 2020 28,679,093 Revenues: Federal Grants 9,289,835 1,629,474 - 1,629,474 7,660,361 625,540 State Grants 8,752,530 686,409 - 686,409 8,066,121 61,217 Proceeds From Debt Issuance 34,360,900 34,360,901 - 34,360,901 (1) - Interest Income 117,058 160,665 - 160,665 (43,607) 37,725 Donations 45,000 45,000 - 45,000 - 5,000 Transfer From General Fund 1,851,987 1,851,986 - 1,851,986 1 304,128 Transfer From Electric Fund 148,200 148,200 - 148,200 - - Transfer From Water Fund 28,000 28,000 - 28,000 - - Total Revenues 54,593,510 38,910,635 - 38,910,635 15,682,875 1,033,610 Expenditures: Sheriff Equipment 2020 25,000 22,955 - 22,955 2,045 22,955 Radio System Upgrade 2,637,839 2,282,055 - 2,282,055 355,784 (11) Fire Truck 2020 698,200 - 678,429 678,429 19,771 - Animal Shelter HVAC Replacement 50,000 46,450 - 46,450 3,550 46,450 Street Department Equipment 2016 521,949 483,000 39,014 522,014 (65) - Roanoke Blvd Multimodal Impr at VA 876,381 778,703 - 778,703 97,678 - Colorado St Bridge Replacement 6,450,000 223,137 675,962 899,099 5,550,901 87,900 Apperson Drive Bridge Replacement 3,364,939 225,009 506,802 731,811 2,633,128 167,562 Street Department Equipment 2019 718,342 672,159 46,182 718,341 1 - VDOT E Main Project UPC 8753 217,955 31,544 - 31,544 186,411 - Street Department Equipment 2020 1,260,242 429,448 733,412 1,162,860 97,382 429,448 Hanging Rock Battlefield Phase 2 570,310 128,855 9,211 138,066 432,244 7,997 Kiwanis Scoreboard 45,158 45,158 - 45,158 - - Western Roanoke River Greenway 50,000 1,500 - 1,500 48,500 - Elizabeth Campus Greenway 1,104,400 - - - 1,104,400 - Parks and Recreation Equipment 2020 23,000 22,833 - 22,833 167 22,833 Kiwanis Field Lighting Upgrades 700,000 427,625 244,124 671,749 28,251 427,625 Longwood Park Restroom Replacement 150,000 - 107,025 107,025 42,975 - Salem Memorial Park Equipment 2020 40,000 35,950 - 35,950 4,050 35,950 Salem Memorial Park Lower Level Seats 101,000 45,199 45,199 90,398 10,602 45,199 Library Sidewalk Replacement 36,800 - - - 36,800 - Kiwanis Roof/Infrastructure Renovations 2,579 - - - 2,579 - Downtown Impr - E Main St/College Ave 1,684,838 1,464,531 - 1,464,531 220,307 441,190 Downtown Impr - E Main St/Broad St 974,799 642,838 232,232 875,070 99,729 542,939 Downtown Impr - E Main St/Broad St-CDBG 250,000 197,870 59,191 257,061 (7,061) 197,870 Downtown Impr - CDBG Community Impr 285,000 25,066 24,265 49,331 235,669 4,497 Downtown Impr - E Main St/Union St 1,000,000 25,295 90,755 116,050 883,950 25,295 Downtown Impr - E Main St/Market St 3,629,869 27,930 138,160 166,090 3,463,779 27,440 City of Salem, Virginia Capital Projects Fund Statement of Revenues and Expenditures For Period Ending February 28, 2021 Schedule F Project Total Available Year To Budget To Date Encumbrances Project Balance Date Capital Projects Local Reserve 15,910 - - - 15,910 - Transfer to Civic Center-2020 Bonds 109,000 109,000 - 109,000 - 109,000 Transfer to Schools-2020 Bonds 27,000,000 11,576,372 - 11,576,372 15,423,628 8,130,411 Total Expenditures 54,593,510 19,970,482 3,629,963 23,600,445 30,993,065 10,772,550 Fund Balance, February 28, 2021 18,940,153 Schedule G Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Sale of Power 39,986,044$ 26,178,222$ 65%26,402,780$ (224,558)$ Other Electric Revenue 575,119 710,298 124%725,806 (15,508) Reserve for Encumbrances 13,235,339 - 0%- - Appropriated from Net Position 401,050 - 0%- - Total Operating Revenues 54,197,552 26,888,520 50%27,128,586 (240,066) . Operating Expenses Other Power Generation - Operation 90,000 17,809 20%46,276 (28,467) Other Power Generation - Maintenance 54,630 17,123 31%41,826 (24,703) Purchased Power 21,540,000 12,814,404 59%13,625,977 (811,573) Transmission - Operation 6,210,500 4,282,286 69%3,597,105 685,182 Transmission - Maintenance 24,000 2,546 11%3,065 (520) Distribution - Operations 944,150 613,091 65%643,540 (30,449) Distribution - Maintenance 1,221,665 706,853 58%739,885 (33,032) Customer Service 580,459 403,610 70%355,519 48,091 Administration & General - Operation 3,026,488 880,977 29%1,225,812 (344,835) Administration & General - Maintenance 161,211 91,291 57%116,094 (24,804) Depreciation - 877,509 0%903,179 (25,670) Capital 16,556,582 4,053,010 24%1,715,879 2,337,131 Contingency 627,867 - 0%- - Total Operating Expenses 51,037,552 24,760,508 49%23,014,157 1,746,351 Income (loss) Before Transfers 3,160,000 2,128,012 4,114,429 (1,986,417) Transfers (3,160,000) (3,160,000) 100%(3,160,000) - Income (loss)-$ (1,031,988)$ 954,429$ (1,986,417)$ Income (loss)-$ (2,063,977)$ 1,908,858$ (3,972,835)$ City of Salem, Virginia Electric Fund Statement of Operations For Eight Months Ending February 28, 2021 Schedule H Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Services 7,180,151$ 4,681,921$ 65%4,682,520$ (598)$ Other Revenue 390,544 200,768 51%283,478 (82,710) Reserve for Encumbrances 508,452 - 0%- - Appropriated from Net Position 11,575 - 0%- - CARES Act Utility Funding - 329 0%- 329 Total Operating Revenues 8,090,722 4,883,019 60%4,965,998 (82,979) . Operating Expenses Salaries of Personnel 776,077 536,354 69%546,304 (9,950) Fringe Benefits 372,684 241,055 65%230,676 10,379 Contractual Services 681,215 318,210 47%375,559 (57,349) Printing and Binding 2,500 84 3%106 (22) Advertising 1,000 195 20%- 195 Utilities 417,200 262,898 63%257,675 5,223 Communications 6,900 2,572 37%2,898 (326) Insurance 29,750 11,030 37%27,277 (16,248) Travel and Training 9,200 1,570 17%5,059 (3,490) Miscellaneous 61,137 52,117 85%50,836 1,282 Materials and Supplies 194,100 55,649 29%80,862 (25,212) Depreciation - 570,621 0%569,934 687 Capital 390,000 9,000 2%358,447 (349,447) Contingency 964,266 - 0%- - Total Production Expenses 3,906,029 2,061,355 53%2,505,632 (444,277) Salaries of Personnel 585,456 367,070 63%344,959 22,111 Fringe Benefits 295,345 171,938 58%156,130 15,808 Contractual Services 608,253 359,586 59%401,843 (42,256) Communications 4,950 2,169 44%2,337 (168) Insurance 24,000 6,397 27%22,073 (15,677) Lease/Rent of Equipment 2,000 1,214 61%1,214 - Travel and Training 5,300 382 7%5,992 (5,609) Miscellaneous 26,537 17,019 64%18,094 (1,074) Miscellaneous Credits (240,000) (167,022) 70%(205,127) 38,105 Materials and Supplies 139,888 68,467 49%26,897 41,570 Depreciation - 64,402 0%62,785 1,617 Capital 1,046,645 478,248 46%76,820 401,428 Interest Obligations 1,519,319 134,587 9%122,168 12,419 Total Distribution Expenses 4,017,693 1,504,457 37%1,036,183 468,274 Income (loss) Before Transfers 167,000 1,317,207 1,424,182 (106,975) Transfers (167,000)(119,913) 72%(117,788) (2,126) Income (loss)-$ 1,197,294$ 1,306,394$ (109,101)$ - Production Distribution City of Salem, Virginia Water Fund Statement of Operations For Eight Months Ending February 28, 2021 Schedule I Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Services 6,862,860$ 4,562,817$ 66%4,563,882$ (1,065)$ Other Revenue 169,544 68,262 40%120,116 (51,854) Reserve for Encumbrances 1,103,610 - 0%- - Appropriated from Net Position 440,942 - 0%- - CARES Act Utility Funding - 333 0%- 333 Total Operating Revenues 8,576,956 4,631,411 54%4,683,998 (52,587) . Operating Expenses Salaries of Personnel 669,045 395,267 59%453,485 (58,218) Fringe Benefits 324,667 180,485 56%201,729 (21,245) Contractual Services 3,548,586 1,834,366 52%1,787,291 47,075 Printing and Binding 1,500 - 0%- - Advertising 1,500 - 0%- - Utilities 4,500 2,777 62%2,392 385 Communications 15,600 9,578 61%8,326 1,252 Insurance 18,000 11,088 62%11,211 (123) Lease/Rent of Equipment 3,000 1,214 40%1,214 - Travel and Training 9,000 968 11%8,851 (7,884) Miscellaneous 38,537 23,935 62%25,596 (1,660) Miscellaneous Credits (325,000) (79,298) 24%(155,996) 76,698 Materials and Supplies 98,000 18,925 19%30,656 (11,731) Depreciation - 877,016 0%779,503 97,512 Capital 1,792,278 741,942 41%151,130 590,812 Interest Obligations 1,631,321 82,929 5%122,297 (39,367) Contingency 746,422 - 0%- - Total Operating Expenses 8,576,956 4,101,191 48%3,427,686 673,506 Income (loss) before Transfers - 530,220 1,256,313 (726,093) Transfers - - 0%- - Income (loss)-$ 530,220$ 1,256,313$ (726,093)$ City of Salem, Virginia Sewer Fund Statement of Operations For Eight Months Ending February 28, 2021 Schedule J Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Shows/rentals 367,000$ 111,096$ 30%226,634$ (115,539)$ Box office shows 1,200,000 47,630 4%1,226,282 (1,178,652) Catering and concessions 150,000 11,520 8%135,755 (124,235) Merchandise and commissions 151,500 9,478 6%119,023 (109,545) Static advertising 60,000 20,625 34%43,214 (22,589) Miscellaneous income 16,100 21,285 132%7,676 13,609 Salem Fair 9,113 (3,500) -38%587,473 (590,973) Reserve for encumbrances 3,046 - 0%- - Reserve for encumbrances - - 0%- - Total Operating Revenues 1,956,759 218,134 11%2,346,056 (2,127,922) Operating Expenses Salaries of personnel 1,037,843 588,250 57%739,533 (151,282) Fringe benefits 431,046 256,081 59%275,143 (19,062) Maintenance and contractual services 235,046 104,883 45%165,397 (60,514) Printing and binding 1,000 - 0%399 (399) Advertising 37,000 21,290 58%21,142 148 Utilities 277,000 132,793 48%221,739 (88,946) Communications 18,200 8,585 47%9,297 (711) Insurance 21,000 2,522 12%19,948 (17,426) Lease/Rent of Equipment 3,500 - 0%- - Travel and training 7,800 199 3%3,644 (3,445) Miscellaneous 84,536 53,887 64%45,853 8,033 Show expense 1,300,213 78,887 6%1,371,038 (1,292,151) Fair 2020 expense 6,000 6,380 106%460,959 (454,579) Materials and supplies 52,300 4,165 8%24,984 (20,819) Capital 150,000 120,895 81%595,236 (474,340) Depreciation - 202,992 0%189,662 13,330 Contingency 24,760 - 0%- - Total Operating Expenses 3,687,244 1,581,809 43%4,143,973 (2,562,164) Income (loss) Before Transfers (1,730,485)(1,363,675) (1,797,917)434,242 Transfers 1,730,485 1,213,097 70%1,313,912 (100,815) Income (loss)-$ (150,578)$ (484,005)$ 333,427$ 0.00 City of Salem, Virginia Salem Civic Center Statement of Operations For Eight Months Ending February 28, 2021 Schedule K Operating Revenues: Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Catering 472,600$ 54,695$ 12%483,990$ (429,295)$ Concessions 130,504 6,910 5%114,206 (107,296) Moyer Concessions 35,500 36,137 102%28,010 8,127 Salem High Concessions 9,000 - 0%4,607 (4,607) Total Operating Revenues 647,604 97,742 15%630,813 (533,071) . Operating Expenses: Salaries of personnel 147,705 94,753 64%205,774 (111,020) Fringe benefits 97,305 42,158 43%57,097 (14,939) Contractual services 10,000 4,279 43%9,041 (4,762) Printing and binding 500 21 4%775 (753) Laundry and Cleaning 15,000 847 6%7,997 (7,149) Communications 600 96 16%130 (35) Insurance 1,200 1,642 0%1,212 431 Miscellaneous 140,205 18,353 13%126,497 (108,144) Materials and supplies 159,430 24,208 15%137,886 (113,678) Depreciation - 2,922 0%2,885 38 Total Catering Expenses 571,945 189,280 33%549,292 (360,012) Salaries of Personnel 56,776 7,764 14%45,919 (38,155) Fringe Benefits 16,009 2,425 15%11,892 (9,466) Miscellaneous 42,950 1,458 3%42,189 (40,731) Materials and Supplies 32,000 1,972 6%30,823 (28,852) Total Concessions Expenses 147,735 13,619 9%130,823 (117,205) Salaries of Personnel 32,710 21,797 67%24,720 (2,923) Fringe Benefits 9,782 8,997 92%6,208 2,789 Contractual services 2,500 1,667 67%1,667 - Miscellaneous 5,500 5,452 99%4,258 1,195 Materials and Supplies 12,000 9,967 83%8,999 969 Total Moyer Expenses 62,492 47,880 77%45,851 2,029 Salaries of Personnel 12,017 - 0%3,783 (3,783) Fringe Benefits 3,969 - 0%1,043 (1,043) Miscellaneous 300 - 0%(9) 9 Materials and Supplies 2,350 81 3%942 (861) Total Salem High Expenses 18,636 81 0%5,760 (5,679) Income (loss) Before Transfers (153,204)(153,117)(100,913)(52,204) Transfers 153,204 - 0%- - Income (loss)-$ (153,117)$ (100,913)$ (52,204)$ Moyer Concessions Salem High Concessions City of Salem, Virginia Salem Catering and Concessions Statement of Operations For Eight Months Ending February 28, 2021 Catering Concessions City of Salem, Virginia Schedule of Deposits and Investments For Period Ending February 28, 2021 Schedule L FV as a Cash Value Unrealized Fair Value % of 2/28/2021 Gain (Loss)2/28/2021 Portfolio Demand & Time Deposits Concentration Account 29,016,271$ -$ 29,016,271$ 22.9% Payroll Account 10,036 - 10,036 0.0% Revenue Recovery Account 147,124 - 147,124 0.1% Utilitiy Billing Account 11,955 - 11,955 0.0% Box Office Account 117,478 - 117,478 0.1% Held as Fiscal Agent of: Cardinal Academy 730,676 - 730,676 0.6% Court Community Corrections 1,406,655 - 1,406,655 1.1% Held on Behalf of: Economic Development Authority 286,029 - 286,029 0.2% Total Demand & Time Deposits 31,726,225 - 31,726,225 25.0% Investments Local Government Investment Pool (LGIP)16,874 - 16,874 0.0% Local Government Investment Pool EM (LGIP EM*)77,008,879 (185,242) 76,823,636 60.8% VA State Non-Arbitrage Program (SNAP)18,014,776 - 18,014,776 14.2% Total Investments 95,040,529 (185,242) 94,855,287 75.0% Total Deposits and Investments 126,766,754$ (185,242)$ 126,581,512$ 100.0% * Extended Maturity Item 6A 3-22-21 Item 6B 3-22-21 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT THE CIVIC CENTER MEETING DATE: March 22, 2021 AGENDA ITEM: Resolution of the Council of the City of Salem, Virginia to approve City of Salem support of financing by the Roanoke Valley Resource Authority (RVRA) and authorization for the City Manager to execute the Support Agreement SUBMITTED BY: Jay Taliaferro, City Manager SUMMARY OF INFORMATION: The City of Salem joined the RVRA in July of 2016. In 2016, the RVRA issued debt for work that included land acquisition, transfer stations and landfill modifications, and engineering for the construction of a road to the Smith Gap landfill to transition the transportation method from train to trucking. The RVRA has met all regulatory obligations to move forward with the completion of modifications and road construction to facilitate direct trucking of re fuse and will need to borrow the amount necessary for completion through a bond purchase from the Virginia Resources Authority (VRA). The net proceeds less issuance costs are $10,000,000. Issuance of these bonds requires a resolution of support from each member locality to include the City of Salem, Town of Vinton, Roanoke County and Roanoke City. FISCAL IMPACT: Approval of support by the member localities will enable the RVRA to complete conversion to accommodate trucking. Trucking transportation will reduce the costs to the Authority, provide the opportunity to stabilize tipping fee rates, create additional revenue through the direct haul sale of landfill space, and replenish reserves. STAFF RECOMMENDATION: Staff recommends Council approve the resolution to approve support of this financing by the RVRA. A RESOLUTION IN RELATION TO APPROVING THE CITY OF SALEM’S SUPPORT OF FINANCING BY THE ROANOKE VALLEY RESOURCE AUTHORITY RESOLUTION 1391 WHEREAS, the Roanoke Valley Resource Authority ("RVRA") is a public body politic and corporate of the Commonwealth of Virginia (the "Commonwealth") established upon agreement of the governing bodies of the County of Roanoke, Virginia ("Roanoke County"), the City of Roanoke, Virginia ("Roanoke City"), the Town of Vinton, Virginia ("Vinton"), and the City of Salem, Virginia ("Salem") (together, the "Participating Jurisdictions"), in accordance with the Virginia Water and Waste Authorities Act, Virginia Code § 15.2-5100, et seq. (the "Act"), for the purpose of meeting the municipal solid waste disposal needs of the Participating Jurisdictions and others; WHEREAS, the Board of Directors of RVRA (the "Board") has determined that it is necessary and desirable to issue its Solid Waste Revenue Bonds (collectively, the "Bond"), and to use the proceeds thereof, along with other available funds, if any (i) to finance costs related to the RVRA Facilities Modifications and Improvements Project: Phase III (the "Phase III Project"), and (ii) to pay the costs of issuance of the Bond (collectively, the "Project"); and WHEREAS, RVRA has applied to the Virginia Resources Authority ("VRA") for the purchase of the Bond, and VRA has indicated its willingness to purchase such Bond from the proceeds of one or more series of its Infrastructure and State Moral Obligation Revenue Bonds (Virginia Pooled Financing Program) (collectively, the "VRA Bonds"), in accordance with the terms of a Local Bond Sale and Financing Agreement to be dated a date determined by RVRA and VRA (the "Financing Agreement"), between VRA and RVRA, or such other financing agreement that may be entered into in connection with a separate series of the Bonds; and WHEREAS, the Financing Agreement is expected to indicate that the sum of $10,000,000 plus an amount necessary to pay costs of issuance of RVRA is the amount of proceeds requested for the Project from VRA or such other amount as requested by RVRA in writing and approved by VRA prior to VRA's bond pricing (the "Proceeds Requested"); and WHEREAS, VRA has advised RVRA that the sale date of the VRA Bonds is tentatively scheduled for May 12, 2021, but may occur, subject to market conditions, at any time between May 1, 2021, and June 30, 2021 (the "VRA Sale Date"), and that VRA's objective is to pay RVRA a purchase price for the Bond that in VRA's judgment reflects its market value (the "Purchase Price Objective") taking into consideration the Proceeds Requested and such factors as the purchase price received by VRA for the VRA Bonds, the issuance costs of the VRA Bonds (consisting of the underwriters' discount and other costs incurred by VRA) (collectively, the "VRA Costs") and other market conditions relating to the sale of the VRA Bonds; and WHEREAS, such factors are expected to result in RVRA receiving a purchase price other than the par amount of the Bond and consequently (i) the aggregate principal amount of the Bond may be greater than or less than the Proceeds Requested in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested or (ii) if the maximum authorized principal -2- amount of the Bond set forth in Section 1 of this Resolution does not exceed the Proceeds Requested by at least the amount of the VRA Costs and any original issue discount, the amount to be paid to RVRA, given the Purchase Price Objective and market conditions, will be less than the Proceeds Requested; and WHEREAS, subject to final credit approval by VRA, the Bond will be secured by a pledge of the net revenues (as more particularly defined in the Financing Agreement, the "Net Revenues") derived by RVRA from the ownership and operation of its solid waste disposal system (as more particularly defined in the Financing Agreement, the "System") and if requested by VRA, one or more Support Agreements among VRA, RVRA and one or more of the Participating Jurisdictions (each a "Support Agreement"); and WHEREAS, the foregoing arrangements will be reflected in the Financing Agreement and the Support Agreements, forms of which have been filed in RVRA's records. NOW, THEREFORE, BE IT RESOLVED THAT: 1. Authorization of Support Agreement. If requested by the VRA, the City Manager or Assistant City Manager is hereby authorized to execute a support agreement, in substantial form to the agreement hereto attached, and as approved to form by the City Attorney. 2. Effective Date. This Resolution shall take effect upon adoption. Upon a call for an aye and a nay vote, the same stood as follows: John R. Saunders – William D. Jones – Byron Randolph Foley – James W. Wallace, III – Renee F. Turk – ATTEST: ___________________________ H. Robert Light Clerk of Council City of Salem, Virginia SUPPORT AGREEMENT ROANOKE VALLEY RESOURCE AUTHORITY This SUPPORT AGREEMENT is made as of [________], 2021, between the CITY COUNCIL OF SALEM, VIRGINIA (the "Council" or the “City”), the ROANOKE VALLEY RESOURCE AUTHORITY (the "Authority"), and the VIRGINIA RESOURCES AUTHORITY ("VRA"), as purchaser of the Local Bond, as hereinafter defined, pursuant to a Financing Agreement, as hereinafter defined. RECITALS WHEREAS, the Authority was created by the County, the City of Roanoke, Virginia, the Town of Vinton, Virginia, and the City of Salem, Virginia, pursuant to the Virginia Water and Waste Authorities Act (Chapter 51, Title 15.2, Code of Virginia of 1950, as amended) and owns and operates a solid waste disposal system (as more particularly defined in the Financing Agreement, the "System"); and WHEREAS, pursuant to Section 5.7 of the Amended and Restated Roanoke Valley Resource Authority Members and Facilities Use Agreement (attached hereto as Exhibit A), Roanoke County, Roanoke City, the Town of Vinton, and the City of Salem, agreed to pay pro- rata shares of the Authority’s annual operating deficit, according to percentages set forth in Section 5.7(a); and WHEREAS, the Authority has determined that it is in its best interest to issue and sell its [___________] Bond, Series 2021, in the original principal amount of $10,000,000 (the "Local Bond") to VRA pursuant to the terms of a Local Bond Sale and Financing Agreement dated as of April 2, 2021 (the "Financing Agreement"), between the Authority and VRA to finance/refinance the Authority’s Facilities Improvements Project: Phase III for the conversion of Authority’s regional solid waste transportation system (collectively, the "Project"); and WHEREAS, the Council adopted on March 22, 2021, a resolution authorizing, among other things, the execution of this support agreement providing for a non-binding obligation of the Council to consider certain appropriations in support of the Local Bond and the Project; and WHEREAS, the City of Roanoke, the Town of Vinton, and the County of Roanoke have likewise adopted resolutions authorizing the execution of such support agreements, and will accordingly enter into support agreements in a form substantially similar to this agreement. AGREEMENT NOW, THEREFORE, for and in consideration of the issuance of the Local Bond by the Authority, the purchase of the Local Bond by VRA and of the mutual covenants herein set forth, the parties hereto agree as follows: 1. Unless otherwise defined, each capitalized term used in this Agreement (this "Agreement") shall have the meaning given it in the Financing Agreement. -2- 2. The Authority shall use its best efforts to issue the Local Bond and to use the proceeds thereof to finance the costs of the Project. 3. No later than May 15 of each year, beginning May 15, 2022, the Authority shall notify the City of the amount, if any (the "Annual Deficiency Amount") by which the Authority reasonably expects the Revenues to be insufficient to pay (i) the debt service obligations under the Financing Agreement, the Local Bond, (ii) the Operation and Maintenance Expenses, and (iii) any other payments due and owing by the Authority under the Financing Agreement (the "Additional Payments") in full as and when due during the City's fiscal year beginning the following July 1. The Authority shall likewise provide such notification to the City of Roanoke, the Town of Vinton, and the County of Roanoke. The Annual Deficiency will be apportioned to Roanoke County, the City of Roanoke, the Town of Vinton, and the City of Salem, pursuant to the localities’ pro rata share percentages, as set forth in Section 5.7(a) of the Amended and Restated Roanoke Valley Resource Authority Members and Facilities Use Agreement. 4. The City Manager of the City shall include the City’s pro rata share of the Annual Deficiency Amount in his budget submitted to the Council for the following fiscal year as an amount to be appropriated to or on behalf of the Authority. The City Manager shall deliver to VRA within 10 days after the adoption of the City’s budget for each fiscal year, but not later than July 15 of each year, a certificate stating whether Council has appropriated to or on behalf of the Authority an amount equal to the City’s pro rata share of the Annual Deficiency Amount. 5. If at any time Revenues shall be insufficient to make any of the payments referred to in paragraph 3 hereof, the Authority shall notify the City Manager and VRA of the amount of such insufficiency and the City Manager shall request a supplemental appropriation from Council in the amount necessary to make such payment. 6. The City Manager shall present each request for appropriation pursuant to paragraph 5 above to Council, and Council shall consider such request at Council’s next regularly scheduled meeting at which it is possible to satisfy any applicable notification requirement. Promptly after such meeting, the City Manager shall notify VRA as to whether the amount so requested was appropriated. If Council shall fail to make any such appropriation, the City Manager shall add the amount of such requested appropriation to the Annual Deficiency Amount reported to Council by the City Manager for the City's next fiscal year. 7. Council hereby undertakes a non-binding obligation to appropriate such amounts as may be requested from time to time pursuant to paragraphs 4 and 5 above, to the fullest degree and in such manner as is consistent with the Constitution and laws of the Commonwealth of Virginia. Council, while recognizing that it is not empowered to make any binding commitment to make such appropriations in future fiscal years, hereby states its intent to make such appropriations in future fiscal years, and hereby recommends that future City Councils do likewise. 8. Council and the Authority acknowledge that (i) the Local Bond may be payable from and will be secured by amounts derived pursuant to this Agreement, (ii) VRA would not purchase the Local Bond without the security and credit enhancement provided by this Agreement, and (iii) VRA is treating this Agreement as a "local obligation" within the meaning of Section 62.1-199 of the Code of Virginia of 1950, as amended (the "Virginia Code"), which in the event -3- of a nonpayment hereunder authorizes VRA or the Trustee to file an affidavit with the Governor that such nonpayment has occurred pursuant to Section 62.1-216.1 of the Virginia Code. In purchasing the Local Bond, VRA is further relying on Section 62.1-216.1 of the Virginia Code, which provides that if the Governor is satisfied that the nonpayment has occurred, the Governor will immediately make an order directing the Comptroller to withhold all further payment to the City of all funds, or of any part of them, appropriated and payable by the Commonwealth of Virginia to the City for any and all purposes, and the Governor will, while the nonpayment continues, direct in writing the payment of all sums withheld by the Comptroller, or as much of them as is necessary, to VRA, so as to cure, or cure insofar as possible, such nonpayment. 9. Nothing herein contained is or shall be deemed to be a lending of the credit of the City to the Authority, VRA or to any holder of the Local Bond or to any other person, and nothing herein contained is or shall be deemed to be a pledge of the faith and credit or the taxing power of the City, nor shall anything herein contained legally bind or obligate the Council to appropriate funds for the purposes described herein. 10. Any notices or requests required to be given hereunder shall be deemed given if sent by registered or certified mail, postage prepaid, addressed (i) if to the City, to the City Council of Salem, Attention: City Manager, James E. Taliaferro, 114 N. Broad Street, Salem, VA 24153, (ii) if to the Authority, to the Roanoke Valley Resource Authority Board of Directors, Attention: Chief Executive Officer, Daniel D. Miles, 1020 Hollins Rd., NE, Roanoke, VA 24012, and (iii) if to VRA, to 1111 East Main Street, Suite 1920, Richmond, Virginia 23219, Attention: Executive Director. Any party may designate any other address for notices or requests by giving notice. 11. It is the intent of the parties hereto that this Agreement shall be governed by the laws of the Commonwealth of Virginia. 12. This Agreement shall remain in full force and effect until the Local Bond and all other amounts payable by the Authority under the Financing Agreement have been paid in full. 13. This Agreement 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. [Signature Page Follows] [Signature Page to Support Agreement – VRA] IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be executed in their respective names as of the date first above written. CITY COUNCIL OF SALEM, VIRGINIA By: _____________________________________ James E. Taliaferro, II, City Manager Approved as to form: ___________________________ City Attorney ROANOKE VALLEY RESOURCE AUTHORITY By: _____________________________________ Title: ____________________________________ VIRGINIA RESOURCES AUTHORITY By: _____________________________________ Stephanie L. Hamlett, Executive Director Item 6C 3-22-21