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HomeMy WebLinkAbout11/27/2023 - City Council - Agenda -Regular City Counci l Meeting AGENDA Monday, November 27, 2023, 6:30 PM Work S es s io n is cancelled for November 27, 2023 R egular S ession 6:30 P.M. C ouncil C hambers , C ity Hall, 114 North Broad S treet, S alem, Virginia 24153 WORK SE SSI ON A M E N D E D A G E N D A W O R K SE SSIO N IS CANCELLE D RE GU L AR SE S SI ON 1.C all to Order 2.Pledge of Allegiance 3.Bid Openings, Awards, Recognitions 4.C onsent Agenda A.Citizen Comments C omments from the public, limited to five minutes, on matters not already having a public hearing at the same meeting. B.Minutes C onsider acceptance of the November 8, 2023 Special Meeting/East Bottom Community Engagement meeting with the Economic Development Authority of the C ity of Salem; the November 9, 2023, Special Meeting/Closed Session for the purpose of interviewing City Manager candidates; and the November 13, 2023, Work Session and Regular Meeting minutes. C .F inancial Reports C onsider acceptance of the Statement of Revenues and Expenditures for four months ending October 2023. 5.Old Business A.Water Rates C onsider ordinance on second reading to amend C hapter 90, Article IV Division 2, Section 90-257 of the C ity C ode to adopt water rates for the years 2024 -2028. (Approved on first reading at the November 13, 2023, meeting.) B.Sewer Rates C onsider ordinance on second reading to amend C hapter 90, Article IV, Division IV, Section 90-303, Subdivision I of the C ity C ode to adopt changes pertaining to charges for sewage disposal for the years 2024-2028. (Approved on first reading at the November 13, 2023, meeting.) C .Water and Sewer Disposal Rates & Charges C onsider ordinance on second reading amending Chapter 90, Article III, Division 2, Subdivision I, Sections 90-74 and 90-128 pertaining to water and sewer disposal and rates and charges for the years 2024-2028. (Approved on first reading at the November 13, 2023, meeting.) 6.New Business A.Special Exception P ermit Hold public hearing to consider the request of G KM Properties, LLC , property owner, for the issuance of a Special Exception Permit to allow a two-family dwelling on the property located at 800-802 Maryland Avenue (Tax Map # 147 – 2 - 1). (Advertised in the November 16, and 22, 2023, issues of the Salem Times-Register.) (Recommend approval; see page 2 of Planning C ommission minutes.) STA FF REPO RT B.Amendment to the City Code - Chapter 66 Signs Hold public hearing and consider adoption of ordinance on first reading amending Chapter 66, Article I, In General, Section 66-7, Nonconforming signs and 66-9, Removal of signs no longer advertising existing bona fide business, of the C O D E O F T HE C IT Y O F SALEM, VIRG IN IA pertaining to signs. (Advertised in the November 16, and 22, 2023, issues of the Salem Times - Register.) (Recommend approval; see page 4 of Planning C ommission minutes.) STAFF REPORT C .Amendment to the City Code - Chapter 106 Zoning Hold public hearing and consider adoption of ordinance on first reading amending Chapter 106, Zoning, Article II District Regulations, Sections 106-208.2, 106-214.2, 106-216.2, and 106-218.2, pertaining to permitted uses; Section 106-216.3 pertaining to site development regulations; Article III Use & Design Standards, section 106-304.21 pertaining to short term rentals; section 106-316.3 pertaining to accessory uses, residential; Article IV Development Standards, section 106-404 pertaining to parking requirements; section 106-406 miscellaneous provisions pertaining to storage containers; and Article VI Definitions and use types, section 106-600 pertaining to definitions of the C O D E O F T HE C IT Y O F SALEM, VIRG INIA. (Advertised in the November 16, and 22, 2023, issues of the Salem Times - Register.) (Recommend approval except Section 106-406.25 which was continued until the March 13, 2024, Planning Commission meeting; see page 5 of Planning C ommission minutes.) STA FF REPO RT D.Amendment to the City Code - Chapter 74 Streets, sidewalks and other public places C onsider adoption of ordinance on first reading amending C hapter 74, Streets, Sidewalks, and Other Public Places, Article IV, Numbering of houses and buildings, Section 74-101(c) pertaining to assigning addresses, and Section 74-103 pertaining to placing of address numbers, of the C O DE O F T HE C IT Y OF S A LEM, VIRG IN IA. STA F F REP O RT E.Amendment to the City Code - Chapter 94 Nuisance Ordinance C onsider adoption of ordinance on first reading amending C hapter 94, Nuisances, Section 94- 3, Declaration of nuisances; abatement required, of the C OD E O F T HE C IT Y O F SA LEM, VIRG IN IA pertaining to trees. STA FF REPO RT F.B oards and Commissions C onsider appointments to various boards and commissions. 7.C losed Session A.Closed Session Hold a closed session in accordance with Section 2.2-3711 A(1) of the 1950 C ode of Virginia, as amended, to discuss a personnel matter, namely the position of C ity Manager. 8.Adjournment Item #4B Date: 11/27/2023 City Council Special Meeting MINUTES Wednesday, November 8, 2023, 5:30 PM East Bottom neighborhood Community Meeting with Council and the Economic Development Authority - Community Room, Salem Civic Center, 1001 Roanoke Boulevard, Salem, VA 24153 1. Call to Order A Special Meeting/East Bottom neighborhood Community Meeting with Council and the Economic Development Authority of the City of Salem was held at the Salem Civic Center, Community Room, 1001 Roanoke Boulevard, Salem, Virginia, 24153, on November 8, 2023, at 5:30 p.m., there being present the following members of said Council, to wit: Renée Ferris Turk, Mayor; James W. Wallace, III, Vice-Mayor; Council members: Byron Randolph Foley (absent), William D. Jones, and H. Hunter Holliday; H. Robert Light, Assistant City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Jim Guynn, attorney for both the City of Salem and the Salem Economic Development Authority; and Crystal Williams, Assistant to the City Manager and Secretary to the EDA. Also present were Tommy Miller, Director of Economic Development; Wayne Adkins, Business Outreach Coordinator; and the following members of the Economic Development Authority: Dave Robbins, Chair; Quinn Mongan, Paul Kuhnel, Cindy Shelor, Sean Kosmann; and the following business was transacted; 2. New Business A. Discussion Items Community Engagement meeting with the East Bottom neighborhood. 3. Adjournment The meeting was adjourned at 7:18 p.m. City Council Special Meeting MINUTES Thursday, November 9, 2023, 8:00 AM Colket Center, Roanoke College, Salem, VA 24153 1. Call to Order A special meeting of the Council of the City of Salem, Virginia, was called to order at 8:40 a.m., there being present the following members to wit: Renée Ferris Turk, Mayor; James W. Wallace, III, Vice-Mayor; Council members: Byron Randolph Foley, William D. Jones, and H. Hunter Holliday; and Jim Guynn, City Attorney. Also present were: Karen Edmonds and Joe Paxton, Executive Managers with the Berkley Group. Mayor Turk reported that this date, place, and time was set as a special meeting of City Council, in accordance with Section 4.6 (b) of The Charter of the City of Salem, Virginia, in order to interview the candidates for the City Manager position and called the meeting to order. 2. Closed Session A. Closed Session Hold a closed session in accordance with Section 2.2-3711 A (1) of the 1950 Code of Virginia, as amended, to discuss a personnel matter pertaining to the appointment of a City Manager, specifically for the purpose of interviewing City Manager candidates. Jim Wallace motioned that in accordance with Section 2.2-3711 A(1) of the 1950 Code of Virginia, as amended, Council hereby convenes to closed session at 8:40 a.m. for the purpose of discussing a personnel matter pertaining to the appointment of a City Manager, specifically for the purpose of interviewing City Manager candidates. Randy Foley seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace James Wallace motioned to reconvene at 3:45 p.m. in accordance with Section 2.2- 3712 D. of the Code of Virginia, 1950 as amended to date, Council certifies that in closed session only items lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and only such items identified in the motion by which the closed session was convened were heard, discussed, or considered by the Council. Randy Foley seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace 3. Adjournment The meeting was adjourned at 3:45 p.m. City Council Meeting MINUTES Monday, November 13, 2023, 6:30 PM Work Session 5:45 P.M. Council Chambers Conference Room, City Hall, 114 North Broad Street, Salem, Virginia 24153 Regular Session 6:30 P.M. Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 24153 WORK SESSION AMENDED AGENDA 1. Call to Order A work session of the Council of the City of Salem, Virginia, was held in the Council Chambers Conference Room, City Hall, 114 N. Broad Street, Salem, Virginia, on November 13, 2023, at 5:45 p.m., there being present the following members of said Council to wit: Renée Ferris Turk, Mayor; James W. Wallace, III, Vice- Mayor; Council members: Byron Randolph Foley, William D. Jones, and H. Hunter Holliday; with Renée Ferris Turk, Mayor, presiding together with Rob Light, Interim City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Chuck Van Allman, Director of Community Development; Mary Ellen Wines, Planning and Zoning Administrator; Max Dillon, Planner; Larado Robinson, Director of the Water/Sewer Department; Crystal Williams, Assistant to the City Manager; Laura Lea Harris, Deputy Clerk of Council; Joe Paxton, Executive Manager with the Berkley Group; and the following business was transacted; Mayor Turk reported that this date, place, and time had been set in order for the Council to hold a work session. 2. New Business A. Discussion Items 1) Follow up discussion on items from September 25, 2023, Work Session As a follow up to items from the September 25, 2023, Work Session, Mary Ellen Wines, Planning and Zoning Administrator, gave a presentation. She noted that Community Development had done further research on items from the September meeting. She shared the following options for addressing property clean up in the City of Salem: spot blight abatement, creation of Salem's own Maintenance Code; adoption of th e exterior sections of the International Property Maintenance Code, and the use of Vacant Property Registration. Each option was discussed, including any staffing requirements that would be needed, and questions asked and responded to. It was noted that Salem's rental inventory is approximately 40 to 45% of its residential inventory. Mr. Van Allman noted that some consideration should be given to the Fire Marshal and the Police Department. Enforcement of existing City Code Sections 30-5 and 30-7, 30-6, and 86-471 through 86-476 was discussed. An all-inclusive definition of "Clutter" was provided and discussed. A more streamlined definition that had been adopted by Wytheville, Leesburg, and Radford was presented. It was noted that Blacksburg has a similar definition, and that Roanoke has not defined the term. Current results to the Comprehensive Plan Survey question "How do you feel the properties such as the one above (with a picture included of a property that could be considered with this term) should be addressed?" were shared. Community Development requested clear direction from Council that will be referenced and supported as efforts to address these issues progress. The question was raised about the current status of vehicles parking in yards. Staff is in the process of scheduling a meeting with staff, Community Development, and the Police Department. Staff will follow up with Council once this meeting has been held. The Mayor requested that a copy of the PowerPoint presentation from this evening be sent to Council and they will communicate back with Community Development once they have been able to review this information. Discussion was also held about the importance of offering and working with resources to assist those that need financial assistance to be able to meet the requirements of the Code. 3. Adjournment REGULAR SESSION 1. Call to Order A regular meeting of the Council of the City of Salem, Virginia, was called to order at 6:30 p.m., there being present the following members to wit: Renée Ferris Turk, Mayor; James W. Wallace, III, Vice-Mayor; Councilmembers: Byron Randolph Foley, William D. Jones, and H. Hunter Holliday; with Renée Ferris Turk, Mayor, presiding together with Rob Light, Interim City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Chuck Van Allman, Director of Community Development; Mike Stevens, Director of Communications; Larado Robinson, Director of the Water/Sewer Department; and Jim Guynn, City Attorney. 2. Pledge of Allegiance 3. Bid Openings, Awards, Recognitions Mayor Turk recognized the following members of the Greenway Commission: Frank Maguire, Roanoke Valley Greenway Coordinator; Russ Craighead, Dee King, Skip Lautenschlager, and Steve Powers. She thanked them for their service on the Greenway Commission. Vice-Mayor Wallace motioned to amend tonight's agenda to add a Closed Session to discuss a personnel matter. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace 4. Consent Agenda A. Citizen Comments Comments from the public, limited to five minutes, on matters not already having a public hearing at the same meeting. Chris McCart, 316 North Broad Street, addressed Council in opposition to proposed rezoning of the Hope Tree property. She had shared pictures and comments by email prior to the meeting for Council's review and noted that she had met with some members of Council and done research since the last meeting she spoke at. Dr. McCart shared statistics from the Balzer traffic narrative found in the Freedom of Information Act (FOIA) material and in published works by traffic engineers on traffic numbers for the neighborhood both with and without a change in zoning. She expressed concern about the impact on quality of life and home value. She requested that the City put in place measures to slow the traffic in neighborhoods. She shared pictures of an example of a raised crosswalk and of a neighborhood sign on the middle of an island in the middle of the road. Dr. McCart urged Council as they vote on a potential Hope Tree rezoning request to think about preserving historic neighborhoods, safety on neighborhood streets, and what is best for the majority of Salem and its downtown area. She requested City Council to vote no to any rezoning proposal for the Hope Tree property. Mark Nayden, 352 North Broad Street, expressed concerns about potential future development on the Hope Tree property. He referenced Salem's current Comprehensive Plan, specifically referencing goals for the downtown area, new housing construction, encouraging redevelopment that is compatible with existing and planned residential areas, and preserving existing vegetation and open spaces. He stated that "developers should have incentives in exchange for the permanent preservation of open spaces incorporated as part of a new development." He expressed concern that the preliminary plans for the Hope Tree property do not meet this objective. He also shared the desire to see citizens of Salem, including those in Roanoke County, included as part of the process. Mr. Nayden expressed concern at the possibility of allowing a residential property to become mixed-use with such close proximity to Main Street. He did note that he felt a housing development could make sense on that property. He shared the hope that Salem would not allow for overdevelopment and expressed concerns about potential traffic, sewage, and drainage issues. He asked that Council consider the goals of preserving as much as possible the scenic landscapes and quality of life that is found in Salem as well as potential impacts on existing neighborhoods and surrounding properties. He requested that his comments be entered into the public record. John Breen, 142 Bogey Lane, expressed compliments to Council for recent Joint meetings that were held with various public bodies that provided opportunities to share information and concerns. He shared concerns about Code enforcement and ongoing violations of City Code. He gave examples of ongoing cases of Code violations from the Zoning and Building Department's Case listing reports. He specifically referred to blight, dilapidated structures, junk vehicles, and unsightly buildings and conditions. He expressed concern about the potential resulting negative impact on property values. Mr. Breen noted that the Case files indicate that violation complaints are overwhelmingly citizen generated. He expressed concern that Code violations are not timely and effectively enforced. He noted concern at waiting twelve to eighteen months for a Comprehensive Plan update to enact comprehensive Code impr ovements and enhanced Code compliance and enforcement strategies. James Reinhard, 213 North Broad Street, was the last citizen to address Council this evening. He shared that he and his family had lived in their home at this address for three decades. He expressed that they had been able to have a career in which they could choose where they wanted to live and that they had chosen Salem because it did not have crime, sprawl, and traffic as well as the fact that it did have excellent schools, history, charm, peace, natural beauty, and green spaces. Dr, Reinhard noted that he had been a Board-certified Psychiatrist for almost forty years and that he wanted to speak on mental health in Salem. He referenced an article in the November issue of the American Psychiatric Association's Psychiatric News and quoted Peter James, a professor at Harvard's School of Public Health, on the link between exposure to green space and mental health. He cited another 2019 Danish study relating an association between exposure to green space during childhood and a lower risk of psychiatric disorders later in life; referenced the preservation of Rock Creek Park, in Washington, D.C.; and noted how many progressive cities are working to preserve green spaces. In addition, Dr. Reinhard ended by sharing from an article in The Roanoke Times in which details were given on the preservation of an 850-acre sized section of the view from McAfee Knob by the Appalachian Trail Conservancy. He appealed to Council to have vision and to consider preservation of green space in Salem. Mayor Turk noted the link on the Website and encouraged citizens to use this to offer input toward the development of the Comprehensive Plan. B. Minutes Consider acceptance of the October 23, 2023, Work Session and Regular Meeting minutes. The minutes were approved as written. 5. Old Business A. Amendment to the Zoning Ordinance Consider adoption of ordinance on second reading for the request of Crystal Lowery, property owner, for rezoning the property located at 1000 Blk Ohio Ave (Tax Map # 197-1-15) from HM Heavy Manufacturing District to RSF Residential Single-Family District. (Approved on first reading at the October 23, 2023, meeting.) Randy Foley motioned to adopt ordinance on second reading for the request of Crystal Lowery, property owner, for rezoning the property located at 1000 Blk Ohio Ave (Tax Map # 197-1-15) from HM Heavy Manufacturing District to RSF Residential Single-Family District. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace 6. New Business A. Water Rates Consider ordinance on first reading to amend Chapter 90, Article IV Division 2, Section 90-257 of the City Code to adopt water rates for fiscal years 2024 - 2028. - Audit-Finance Committee Larado Robinson, Director of the Water/Sewer Department, explained Items 6A, 6B, and 6C on tonight's agenda. The City hired a consultant, TRC (formerly Draper Aden Associates), that has performed a Water and Sewer Rate Study and has provided recommendations for rate changes for the next five years. Rate changes include water and sewer base rates, volume rates, connection fees, and availability fees. He no ted that the City had not had a rate change since January, 2021. During that time, inflation has escalated, which has had an impact on cost to produce clean water and maintain the water and sewer systems for Salem residents and businesses. He explained that cost increases affect the City's ability to maintain our expected level of service, meet regulatory requirements, address aging infrastructure needs, and protect the public health. The ordinance coming before Council this evening proposes for water and sewer rates to increase beginning January 1, 2024, and every year thereafter, through 2028 as follows: Water rates will increase by 7% in the first two years and then drop to 3% for the final two years; Sewer rates will increase by 3% each year. He gave examples of what this would mean to a typical home. Mr. Robinson explained that the increase in funds was necessary due to the incr ease in Operational Costs to keep pace with inflation and costs, to fund Capital Improvements (one of which is water plan infrastructure and improvements including the full development of two additional wells to increase the raw water supply to the City), and for the replacement of aging equipment to keep the level of service up. Specifically mentioned were the replacement or rehabilitation of the Franklin Street tank and the Mason's Creek Interceptor sewer line. Since the last rate increase, chemical costs to treat the water has doubled and material costs are up between 100 to 150%. Mayor Turk thanked him for the explanation and for the breakdown on rates of what this would mean to citizens. Council thanked Mr. Robinson for all of his work to compile this information. James Wallace motioned to adopt ordinance on first reading to amend Chapter 90, Article IV Division 2, Section 90-257 of the City Code to adopt water rates for the years 2024-2028. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace B. Sewer Rates Consider ordinance on first reading to amend Chapter 90, Article IV, Division IV, Section 90-303, Subdivision I of the City Code to adopt changes pertaining to charges for sewage disposal for fiscal years 2024-2028. Audit - Finance Committee James Wallace motioned to adopt ordinance on first reading to amend Chapter 90, Article IV, Division IV, Section 90-303, Subdivision I of the City Code to adopt changes pertaining to charges for sewage disposal for the years 2024-2028. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace C. Water and Sewer Disposal Rates & Charges Consider ordinance on first reading amending Chapter 90, Article III, Division 2, Subdivision I, Sections 90-74 and 90-128 pertaining to water and sewer disposal and rates and charges for fiscal years 2024- 2028. - Audit-Finance Committee James Wallace motioned to adopt on first reading ordinance amending Chapter 90, Article III, Division 2, Subdivision I, Sections 90 -74 and 90- 128 pertaining to water and sewer disposal and rates and charges for the years 2024-2028. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace D. Appropriation of Funds Consider request to appropriate donations received from Deggeller Attractions. Audit - Finance Committee Each year Deggeller Attractions donates approximately $10,000 to the City for a community impact project. $7,600 from the prior year’s Fair donation and $7,500 from the current year’s Fair donation was given to the Fire Department to purchase an EMS cart. Mr. Wallace explained what an EMS cart is for the benefit of the public. The donation allows the City to purchase needed items that are not included in the current budget. James Wallace motioned to appropriate $7,600 in the Appropriated from Fund Balance account and appropriate $7,500 to the Fire Donation account. Increase the Fire Department’s Machinery and Equipment expenditure budget by $15,100. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace E. Appropriation of Funds Consider request to appropriate funds from the Library of Virginia. Audit - Finance Committee Each year, the Library of Virginia provides state aid to the Salem Public Library. The City was awarded more funding than was budgeted for fiscal year 2024 so the budget needs to be increased by $57,426 to account for the total State allocation. Additional grant funds will be used to purchase additional books and materials for the Salem Public Library. James Wallace motioned to appropriate $57,426 to the Library Grants In Aid State revenue account and to increase the budget for the Books and Subscriptions – State account by $57,426. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace F. Appropriation of Funds Consider request to amend the School Cafeteria Fund budget as approved by the School Board on September 12, 2023. Audit - Finance Committee Vice-Mayor noted that this is a housekeeping item for the School Board budget. James Wallace motioned to approve the School Board’s appropriation changes of $127,000 to the Cafeteria Fund as amended at the September 12, 2023, School Board meeting. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace G. Appropriation of Funds Consider request to amend the School Operating Fund, School Grants Fund, School Capital Projects Fund and School Reserve Fund budgets as approved by the School Board on October 10, 2023. Audit - Finance Committee Mr. Wallace noted that this is also a housekeeping item for the School Board. James Wallace motioned to approve the School Board ’s appropriation changes of $10,000 to the School Operating Fund, $97,500 to the School Grants Fund, $199,448 to the School Reserve Fund, and $698,000 to the School Capital Projects Fund, as approved by the School Board at their October 10, 2023, meeting. Also, to approve the six-year Capital Improvement Projects Plan document submitted by the School Board. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace H. Appropriation of Funds Consider request to appropriate Water Fund net position. Audit - Finance Committee In fiscal year 2023, $1,020,000 was budgeted but not spent for infrastructure improvements. These funds were designated for the replacement of existing waterlines. Engineering was not completed prior to June 30, 2023, and therefore, we were not able to move forward with construction. Engineering is now complete and we desire to move forward with construction, using the funds that were allocated last fiscal year. Re-appropriating net position will allow work to proceed on infrastructure improvements. James Wallace motioned to re-appropriate $1,020,000 from the Water Fund net position and increase the budget in the Infrastructure Improvements account. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace I. 1243 West Riverside Drive Consider approval of a contract agreement to purchase 1243 West Riverside Drive, authorize the Interim City Manager to finalize and execute necessary documents, and authorize staff to appropriate an amount not to exceed $151,000 for the purchase price, closing costs, and demolition of the existing structure and stabilization of the site. - Audit-Finance Committee Mr. Jones noted that he would need to abstain from Item 6I as someone from his firm was part of the process of this transaction. Mayor Turk explained that this property would enable expansion of the Greenway and give the City Right-Of-Way to be able to help close the gap with that area. Mr. Foley noted that his as his wife was part of the Realty firm involved, that he would also need to abstain from this item. Mr. Wallace clarified that there were three parcels down on West Riverside Drive near the River Rock Restaurant that the City has been attempting to purchase or gather Right-Of-Way in order to extend the Greenway down in that area. This City now has the opportunity to purchase this important parcel for the completion of the Greenway. Mr. Light noted that this parcel is also encumbered in the floodway and that impacts what could be done with it. Mr. Wallace also shared that the house would be torn down and the lot graded and reseeded. Mayor Turk pointed out the importance of the Greenway for the citizens. Mr. Holliday made a clarification that the River Rock Restaurant was not a part of this transaction. Mayor Turk motioned to approve a contract agreement to purchase 1243 West Riverside Drive, authorize the Interim City Manager to finalize and execute necessary documents, and authorize staff to appropriate an amount not to exceed $151,000 for the purchase price, closing costs, and demolition of the existing structure and stabilization of the site. Vice- Mayor Wallace seconded the motion. Ayes: Holliday, Turk, Wallace Abstain: Foley, Jones Mayor Turk called forward Frank Maguire, Roanoke Valley Greenway Coordinator. Mr. Maguire shared a letter from both the Greenway Commission and Pathfinders for Greenways, the 501 (c)(3) Charitable arm. On behalf of the Greenway Commission and Pathfinders for Greenways, he thanked Salem for moving so quickly to acquire this property. The Board members for Pathfinders for Greenways and the Executive Committee of the Greenway Commission voted to donate $30,000 from the Bridge the Gap Fund, which was used to complete the Roanoke River Greenway, to help Salem with this effort. These funds may go towards closing costs or demolition as the City sees fit. He also noted that as Salem moves forward, they would entertain further requests. Council expressed appreciation for this contribution. J. Boards and Commissions Consider appointments to various boards and commissions. Mr. Foley motioned to appoint Tommy Miller to replace James Taliaferro for the remainder of a four-year term ending February 3, 2026, to the Western Virginia Regional Industrial Facilities Authority. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace Mr. Foley noted for the benefit of the public that Mayor Turk, Mr. Jones, and a few members of the Economic Development Authority met with those that were considered for this appointment. Mr. Jones stated that all three were excellent applicants and that he hoped they would apply for future openings on this board. Mayor Turk encouraged citizens to consider available vacancies on boards for service opportunities. William Jones motioned to appoint Joe Curran to replace Rob Rob inson for the remainder of a four-year term ending December 14, 2024, to the Economic Development Authority. Renee Turk seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace 7. Closed Session A. Closed Session Hold a closed session in accordance with Section 2.2-3711 A(1) the 1950 Code of Virginia, as amended, to discuss a personnel matter, namely candidates for the position of City Manager. Jim Wallace motioned that in accordance with Section 2.2-3711 A(1) of the 1950 Code of Virginia, as amended, Council hereby convenes to closed session at 7:21 p.m. for the purpose of discussing a personnel matter, namely candidates for the position of City Manager. Randy Foley seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace It was noted that no action was anticipated this evening. James Wallace motioned to reconvene at 8:29 p.m. in accordance with Section 2.2-3712 D. of the Code of Virginia, 1950 as amended to date, Council certifies that in closed session only items lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and only such items identified in the motion by which the closed session was convened were heard, discussed, or considered by the Council. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace 8. Adjournment The meeting was adjourned at 8:29 p.m. Schedule A Current Year Current Year % of Prior Year Budget Year to Date Budget Year to Date Variance Revenues: Beginning Balance 7-1-23 6,765,726$ -$ 0%-$ -$ General Property Taxes 47,435,126 1,580,840 3% 1,285,209 295,631 Other Local Taxes 27,410,800 4,798,228 18% 4,609,909 188,319 Permits and Licenses 356,740 94,663 27% 102,796 (8,133) Fines and Forfeitures 119,000 30,604 26%35,622 (5,018) Revenue from Use of Money and Property 5,332,180 2,589,527 49% 480,173 2,109,354 Charges for Services 3,672,626 1,067,820 29% 1,020,171 47,649 Payment in Lieu of Taxes from Electric Fund 3,160,000 1,580,000 50% 1,580,000 - Payment in Lieu of Taxes from Water Fund 145,395 49,980 34%53,022 (3,042) Miscellaneous Revenue 582,500 125,404 22% 260,182 (134,779) Non-Categorical Aid 3,690,450 189,743 5% 222,322 (32,579) Shared Expenses 1,711,395 391,580 23% 354,761 36,819 Categorical Aid 9,200,427 1,935,601 21% 1,582,450 353,152 Non-Revenue Receipts 23,823 23,821 100%- 23,821 Transfer From Other Funds 5,396,700 5,319,145 99% 7,465,975 (2,146,830) Total Revenues 115,002,888 19,776,956 17% 19,052,592 724,364 Expenditures: General Government 10,028,336 3,210,534 32% 3,402,129 (191,595) Judicial Administration 3,163,592 997,880 32% 859,084 138,796 Public Safety 25,802,545 7,804,107 30% 6,848,356 955,751 Public Works 14,008,351 4,132,508 30% 2,943,378 1,189,130 Health and Welfare 6,492,410 1,322,259 20% 1,044,577 277,682 Education 25,651,617 10,244,691 40% 9,884,779 359,912 Parks, Recreation and Cultural 8,888,258 2,425,693 27% 2,312,134 113,559 Community Development 3,482,635 1,238,335 36% 2,068,369 (830,034) Non-Departmental 15,258,771 10,131,025 66% 9,222,111 908,914 Contingency 2,226,373 - 0%- - Total Expenditures 115,002,888 41,507,032 36% 38,584,917 2,922,115 Revenues Over/(Under) Expenditures -$ (21,730,076)$ (19,532,325)$ (2,197,751)$ City of Salem, Virginia General Fund Statement of Revenues and Expenditures For Four Months Ending October 31, 2023 Item #4C Date: 11/27/2023 Schedule B - 50,000.00 100,000.00 150,000.00 200,000.00 250,000.00 300,000.00 350,000.00 400,000.00 450,000.00 500,000.00 550,000.00 600,000.00 650,000.00 700,000.00 750,000.00 800,000.00 850,000.00 900,000.00 950,000.00 1,000,000.00 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June City of Salem Sales Tax Summary For Fiscal Years 2021 -2024 FY 2021 FY 2022 FY 2023 FY 2024 Schedule C 50,000.00 100,000.00 150,000.00 200,000.00 250,000.00 300,000.00 350,000.00 400,000.00 450,000.00 500,000.00 550,000.00 600,000.00 650,000.00 700,000.00 750,000.00 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June City of Salem Meals Tax Summary For Fiscal Years 2021 -2024 FY2021 FY2022 FY2023 FY2024 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 2021 -2024 FY2021 FY2022 FY2023 FY2024 City of Salem, Virginia Special Revenue Fund Statement of Revenues and Expenditures For Period Ending October 31, 2023 Schedule E Project Total Available Year To Budget To Date Encumbrances Project Balance Date Fund Balance, July 1, 2023 -$ Revenues: Tourism Initiative-ARPA NEU 4,000.00$ 4,000.00$ -$ 4,000.00$ -$ -$ VA Tourism Recovery Program-ARPA 70,000.00 35,000.00 - 35,000.00 35,000.00 3,755.00 Sports Marketing Incentrive Program-ARPA 5,500.00 5,500.00 - 5,500.00 - - Law Enforcement Grant Program-ARPA 215,000.00 121,502.00 - 121,502.00 93,498.00 121,502.00 Transfer to General Fund-ARPA NEU 26,246,208.00 26,246,208.00 - 26,246,208.00 - 5,319,144.80 Transfer to General Fund-ARPA 4,914,423.00 4,914,423.00 - 4,914,423.00 - - Total Revenues 31,455,131.00 31,326,633.00 - 31,326,633.00 128,498.00 5,444,401.80 Expenditures: Tourism Initiative 4,000.00 4,000.00 - 4,000.00 - - VA Tourism Recovery Program 70,000.00 53,425.00 - 53,425.00 16,575.00 22,180.00 Sports Marketing Incentrive Program 5,500.00 5,500.00 - 5,500.00 - - Law Enforcement Grant Program 215,000.00 121,502.00 - 121,502.00 93,498.00 121,502.00 Transfer to General Fund 31,160,631.00 31,160,631.00 - 31,160,631.00 - 5,319,144.80 Total Expenditures 31,455,131.00$ 31,345,058.00$ -$ 31,345,058.00$ 110,073.00$ 5,462,826.80 Fund Balance, October 31, 2023 (18,425.00)$ City of Salem, Virginia Debt Outstanding For Period Ending October 31, 2023 Schedule F Balance Principal Balance 7/1/2023 Issuances Payments 10/31/2023 City Debt Outstanding 2011 Union First Market Refunding Bonds 379,962$ -$ (379,962)$ -$ 2013 Public Improvement Bonds 977,550 - (89,425) 888,125 2016B Public Improvement Bonds 441,146 - - 441,146 2019 Public Improvement Bonds 4,273,000 - - 4,273,000 2020 Public Improvement Bonds 1,935,000 - - 1,935,000 2020 Public Improvement Refunding Bonds 4,703,652 - - 4,703,652 2021 Public Improvement Refunding Bonds 1,166,000 - - 1,166,000 2022B Public Improvement Bonds 14,491,000 - - 14,491,000 Total City Debt Outstanding 28,367,310 - (469,387) 27,897,923 School Debt Outstanding 2011 Union First Market Refunding Bonds 665,038 - (665,038) - 2012A Public Improvement Bonds 4,772,500 - (477,250) 4,295,250 2013 Public Improvement Bonds 3,012,450 - (275,575) 2,736,875 2020 Public Improvement Bonds 23,565,000 - - 23,565,000 Total School Debt Outstanding 32,014,988 - (1,417,863) 30,597,125 Total Debt Outstanding 60,382,298$ -$ (1,887,250)$ 58,495,048$ City of Salem, Virginia Capital Projects Fund Statement of Revenues and Expenditures For Period Ending October 31, 2023 Schedule G Project Total Available Year To Budget To Date Encumbrances Project Balance Date Fund Balance, July 1, 2023 21,420,610$ Revenues: Federal Grants 12,009,855$ 1,594,706$ -$ 1,594,706$ 10,415,149$ 1,627$ State Grants 17,515,640 1,624,869 - 1,624,869 15,890,771 366 Proceeds From Debt Issuance 42,015,146 42,015,145 - 42,015,145 1 - Interest Income 683,190 796,688 - 796,688 (113,498) 113,501 Transfer From General Fund 25,423,186 25,118,212 - 25,118,212 304,974 5,262,949 Total Revenues 97,647,017 71,149,621 - 71,149,621 26,497,396 5,378,443 Expenditures: Next Generation 911 378,493 187,161 30,609 217,770 160,723 - Fire Station #2 Renovations 432,000 9,491 - 9,491 422,509 3,259 Fire Station #2 Storage Building 515,000 - - - 515,000 - Fire Station #1 Renovations 545,000 - - - 545,000 - Fire Station #3 Renovations 378,000 - - - 378,000 - Colorado St Bridge Replacement 11,778,826 821,732 5,621,126 6,442,858 5,335,968 24,127 Apperson Drive Bridge Replacement 9,784,451 762,394 31,828 794,222 8,990,229 14,391 Jury Room Expansion 400,000 37,187 1,634 38,821 361,179 4,954 Apperson Drive Bridge Repairs #1800 682,432 69,800 4,972 74,772 607,660 69,800 Hanging Rock Battlefield Phase 2 1,420,310 1,431,719 21,435 1,453,154 (32,844) 574 Western Roanoke River Greenway 50,000 1,500 - 1,500 48,500 - Elizabeth Campus Greenway 1,104,400 158,378 39,970 198,348 906,052 - Moyer Sports Complex Renovation 27,922,667 15,861,819 10,052,020 25,913,839 2,008,828 3,488,277 Mason Creek Greenway Phase 3 2,610,681 173,266 303,868 477,134 2,133,547 - Library Flooring Replacement 190,000 - - - 190,000 - Library Co-working Space 155,000 - - - 155,000 - Civic Center East/West Fields Restroom 220,000 - 221,070 221,070 (1,070) - Longwood Park Restroom Replacement #2 180,000 - 129,261 129,261 50,739 - Civic Center West Field Lighting Upgrades 250,000 - 246,473 246,473 3,527 - Kiwanis Park Wall Pads 110,000 - - - 110,000 - Library Lawn Special Events Space 500,000 - - - 500,000 - Flood Mitigation-CFPF 78,962 36,929 42,033 78,962 - 27,655 Downtown Impr - E Main St/Union St 2,504,140 2,061,342 314,934 2,376,276 127,864 50,326 Downtown Impr - E Main St/Market St 3,629,869 209,482 5,850 215,332 3,414,537 3,419 Downtown Impr - E Main St/White Oak 2,311,825 16,280 45,650 61,930 2,249,895 - Capital Projects Local Reserve 67,811 - - - 67,811 - Downtown Improvements Reserve 90,350 - - - 90,350 - Excess Local Funding Reserve 2,356,800 - - - 2,356,800 - Transfer to Schools-2020 Bonds 27,000,000 26,323,373 - 26,323,373 676,627 124,503 Total Expenditures 97,647,017$ 48,161,853$ 17,112,733$ 65,274,586$ 32,372,431$ 3,811,285 Fund Balance, October 31, 2023 22,987,768$ Schedule H Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Sale of Power 46,790,745$ 15,038,513$ 32%14,903,158$ 135,355$ Other Electric Revenue 654,799 130,037 20%128,174 1,863 Reserve for Encumbrances 1,707,820 - 0%- - Appropriated from Net Position 3,300,000 - 0%- - Total Operating Revenues 52,453,364 15,168,550 29%15,031,332 137,218 . Operating Expenses Other Power Generation - Operation 150,000 24,024 16%41,456 (17,432) Other Power Generation - Maintenance 73,846 38,896 53%5,783 33,113 Purchased Power 28,030,000 9,408,198 34%8,159,520 1,248,678 Transmission - Operation 9,736,000 3,416,335 35%3,034,172 382,163 Transmission - Maintenance 41,339 1,090 3%8,142 (7,052) Distribution - Operations 1,142,527 370,884 32%340,204 30,680 Distribution - Maintenance 1,541,782 496,186 32%471,618 24,568 Customer Service 662,562 219,987 33%209,363 10,624 Administration & General - Operation 2,641,681 312,383 12%517,833 (205,450) Administration & General - Maintenance 239,359 114,185 48%79,817 34,368 Depreciation - 529,885 0%466,191 63,694 Capital 4,858,117 14,588 0%188,971 (174,383) Contingency 176,151 - 0%- - Total Operating Expenses 49,293,364 14,946,641 30%13,523,070 1,423,571 Income (loss) Before Transfers 3,160,000 221,909 1,508,262 (1,286,353) Transfers (Payment in Lieu of Taxes)(3,160,000) (1,580,000) 50%(1,580,000) - Income (loss)-$ (1,358,091)$ (71,738)$ (1,286,353)$ Income (loss)-$ (2,716,182)$ (143,476)$ (2,572,706)$ City of Salem, Virginia Electric Fund Statement of Operations For Four Months Ending October 31, 2023 Schedule I Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Services 7,400,000$ 2,526,189$ 34%2,512,406$ 13,783$ Other Revenue 459,899 140,635 31%121,232 19,403 Water Federal Grants Revenue - - 0%800 (800) Reserve for Encumbrances 762,126 - 0%- - Appropriated from Net Position 300,000 - 0%- - Total Operating Revenues 8,922,025 2,666,824 30%2,634,438 32,386 . Operating Expenses Salaries of Personnel 986,455 310,520 31%327,913 (17,393) Fringe Benefits 465,075 142,918 31%137,114 5,804 Contractual Services 687,733 181,477 26%177,827 3,650 Printing and Binding 2,500 24 1%- 24 Advertising 1,000 - 0%- - Utilities 421,200 131,697 31%131,701 (4) Communications 5,800 1,313 23%1,322 (9) Insurance 38,000 1,786 5%7,679 (5,893) Travel and Training 9,800 1,040 11%2,108 (1,068) Miscellaneous 65,730 38,889 59%39,414 (525) Materials and Supplies 317,076 110,292 35%71,063 39,229 Depreciation - 284,473 0%284,955 (482) Capital 516,451 (19,710) -4%481,334 (501,044) Contingency 155,423 - 0%- - Total Production Expenses 3,672,243 1,184,719 32%1,662,430 (477,711) Salaries of Personnel 750,853 186,549 25%166,906 19,643 Fringe Benefits 361,704 86,922 24%73,578 13,344 Contractual Services 905,688 254,755 28%244,620 10,135 Printing and Binding - 136 0%- 136 Communications 4,950 1,189 24%1,925 (736) Insurance 32,000 - 0%- - Lease/Rent of Equipment 2,000 375 19%554 (179) Travel and Training 8,300 638 8%2,194 (1,556) Miscellaneous 30,530 10,114 33%9,657 457 Miscellaneous Credits (255,000) (101,632) 40%(89,810) (11,822) Materials and Supplies 157,374 55,286 35%44,471 10,815 Depreciation - 56,178 0%36,240 19,938 Capital 1,511,968 46,365 3%971,767 (925,402) Interest Obligations 1,594,020 81,220 5%99,362 (18,142) Total Distribution Expenses 5,104,387 678,095 13%1,561,464 (883,369) Income (loss) Before Transfers 145,395 804,010 (589,456)1,393,466 Transfers (Payment in Lieu of taxes)(145,395)(49,980) 34%(53,022) 3,042 Income (loss)-$ 754,030$ (642,478)$ 1,396,508$ - Production Distribution City of Salem, Virginia Water Fund Statement of Operations For Four Months Ending October 31, 2023 Schedule J Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Services 6,997,000$ 2,328,229$ 33%2,323,774$ 4,455$ Other Revenue 149,896 47,389 32%65,804 (18,415) Reserve for Encumbrances 805,002 - 0%- - Total Operating Revenues 7,951,898 2,375,618 30%2,389,578 (13,960) . Operating Expenses Salaries of Personnel 853,377 236,766 28%260,442 (23,676) Fringe Benefits 402,342 115,335 29%111,938 3,397 Contractual Services 3,661,280 771,208 21%791,587 (20,379) Printing and Binding 1,500 487 32%- 487 Advertising 1,500 - 0%- - Utilities 4,500 1,185 26%1,065 120 Communications 14,850 4,395 30%4,204 191 Insurance 18,500 - 0%- - Lease/Rent of Equipment 3,000 375 13%554 (179) Travel and Training 12,000 2,012 17%4,341 (2,329) Miscellaneous 39,030 17,105 44%13,198 3,907 Miscellaneous Credits (325,000) (66,611) 20%(72,427) 5,816 Materials and Supplies 86,289 13,148 15%17,561 (4,413) Depreciation - 469,299 0%457,079 12,220 Capital 1,367,415 100,569 7%63,589 36,980 Interest Obligations 1,666,581 17,751 1%17,200 551 Contingency 144,734 - 0%- - Total Operating Expenses 7,951,898 1,683,024 21%1,670,331 12,693 Income (loss) before Transfers - 692,594 719,247 (26,653) Income (loss)-$ 692,594$ 719,247$ (26,653)$ City of Salem, Virginia Sewer Fund Statement of Operations For Four Months Ending October 31, 2023 Schedule K Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Shows/rentals 359,850$ 130,281$ 36%140,583$ (10,302)$ Box office shows 1,500,000 316,545 21%945,715 (629,170) Catering and concessions - - 0%60,222 (60,222) Merchandise and commissions 177,500 107,218 60%67,887 39,331 Static advertising 55,000 16,250 30%11,750 4,500 Miscellaneous income 15,000 9,762 65%4,903 4,859 Interest Income - 454 0%- 454 Salem Fair 603,000 610,595 101%541,500 69,095 Reserve for encumbrances 309,197 - 0%- - Appropriated from Net Position 100,500 - 0%- - Total Operating Revenues 3,120,047 1,191,105 38%1,772,560 (581,455) Operating Expenses Salaries of personnel 1,421,099 481,514 34%471,794 9,720 Fringe benefits 571,127 160,302 28%146,472 13,830 Maintenance and contractual services 287,134 62,666 22%63,749 (1,083) Printing and binding 500 - 0%1,000 (1,000) Advertising 23,000 3,072 13%9,139 (6,067) Utilities 295,000 112,719 38%114,788 (2,069) Communications 13,900 3,206 23%4,182 (976) Insurance 28,500 - 0%- - Leases and Rentals 3,200 - 0%- - Travel and training 8,150 6,447 79%5,372 1,075 Miscellaneous 99,268 39,093 39%31,748 7,345 Show expense 1,296,992 360,155 28%679,737 (319,582) Fair expense 546,100 619,632 113%558,692 60,940 Materials and supplies 81,500 9,625 12%9,478 147 Capital 1,093,563 267,177 24%- 267,177 Depreciation - 91,082 0%91,775 (693) Total Operating Expenses 5,769,033 2,216,690 38%2,187,926 28,764 Income (loss) Before Transfers (2,648,986)(1,025,585) (415,366)(610,219) Transfers 2,648,986 616,995 23%536,389 80,606 Income (loss)-$ (408,590)$ 121,023$ (529,613)$ 0.00 City of Salem, Virginia Salem Civic Center Statement of Operations For Four Months Ending October 31, 2023 Schedule L Operating Revenues: Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Catering 516,682$ 230,664$ 45%285,149$ (54,485)$ Concessions 137,833 10,763 8%28,143 (17,380) Moyer Concessions 25,000 - 0%- - Salem High Concessions 6,606 4,310 65%468 3,842 Total Operating Revenues 686,121 245,737 36%313,760 (68,023) . Operating Expenses: Salaries of personnel 289,671 89,563 31%81,509 8,054 Fringe benefits 111,668 31,821 28%20,510 11,311 Contractual services 9,465 1,817 19%5,764 (3,947) Printing and binding 300 - 0%- - Laundry and Cleaning 2,500 - 0%- - Communications 200 58 29%52 6 Insurance 1,800 - 0%- - Travel and training - 179 0%- 179 Miscellaneous 19,216 8,048 42%80,020 (71,972) Materials and supplies 203,081 79,733 39%95,021 (15,288) Capital 60,000 - 0%- - Depreciation - 1,285 0%1,461 (176) Total Catering Expenses 697,901 212,504 30%284,337 (71,833) Salaries of Personnel 53,832 9,915 18%5,082 4,833 Fringe Benefits 18,808 1,462 8%1,124 338 Contractual services 4,000 2,955 74%2,710 245 Miscellaneous 150 (14) -9%13,554 (13,568) Materials and Supplies 27,500 4,892 18%10,358 (5,466) Total Concessions Expenses 104,290 19,210 18%32,828 (13,618) Salaries of Personnel 9,745 - 0%- - Fringe Benefits 4,484 - 0%- - Contractual services 2,500 - 0%- - Materials and Supplies 13,329 - 0%- - Total Moyer Expenses 30,058 - 0%- - Salaries of Personnel 2,272 702 31%- 702 Fringe Benefits 209 305 146%- 305 Contractual - 1,005 0%- 1,005 Materials and Supplies 1,807 1,570 87%- 1,570 Total Salem High Expenses 4,288 3,582 84%- 3,582 Income (loss) Before Transfers (150,416)10,441 (3,405)13,846 Transfers 150,416 - 0%- - Income (loss)-$ 10,441$ (3,405)$ 13,846$ Moyer Concessions Salem High Concessions City of Salem, Virginia Salem Catering and Concessions Statement of Operations For Four Months Ending October 31, 2023 Catering Concessions City of Salem, Virginia Water and Sewer Capital Fund Statement of Revenues and Expenditures For Period Ending October 31, 2023 Schedule M Project Total Available Year To Budget To Date Encumbrances Project Balance Date Fund Balance, July 1, 2023 10,218,902$ Revenues: Transfer From General Fund 13,575,000$ 13,575,000$ -$ 13,575,000$ -$ 3,356,098$ Total Revenues 13,575,000 13,575,000 - 13,575,000 - 3,356,098 Expenditures: North Salem Water Improvements 6,200,000 - - - 6,200,000 - Roanoke River Upper Sewer Rehab 7,000,000 - - - 7,000,000 - Wiley Ct Sewer Improvements 375,000 - - - 375,000 - Total Expenditures 13,575,000$ -$ -$ -$ 13,575,000$ - Fund Balance, October 31, 2023 13,575,000$ Schedule N Budget Current Year Year to Date Percent to Date Prior Year Year to Date Variance Beginning Net Position -$ 7,846,412$ 6,036,231$ 1,810,181$ Revenue Premiums Paid - City 6,060,000 1,465,992 24% 1,343,347 122,645 Premiums Paid - School 5,240,000 1,284,532 25% 1,134,518 150,014 Premiums Paid - Retirees 765,000 239,885 31% 233,434 6,451 Dental Premiums Paid 591,050 150,280 25% 145,683 4,597 Interest Earnings 90,000 82,511 92% 3,507 79,004 Miscellaneous 5,000 3,060 61% - 3,060 Total Year to Date Revenues 12,751,050 3,226,260 25% 2,860,489 365,771 Expenses Health Claims 11,545,772 2,361,048 20% 2,513,318 (152,270) Dental Claims 591,050 128,010 22% 128,689 (679) Employee Health Clinic 511,332 84,102 16% 80,604 3,498 Consulting Services 96,896 22,717 23% 22,536 181 Miscellaneous 6,000 4,170 70% 3,889 281 Total Year to Date Expenses 12,751,050 2,600,047 20% 2,749,036 (148,989) Ending Net Position -$ 8,472,625$ 6,147,684$ 2,324,941$ City of Salem, Virginia Health Insurance Fund Statement of Revenues and Expenses For Three Months Ending September 30, 2023 City of Salem, Virginia Schedule of Deposits and Investments For Period Ending October 31, 2023 Schedule O FV as a Cash Value Net Change Fair Value % of 10/31/2023 in Fair Value 10/31/2023 Portfolio Demand & Time Deposits Concentration Account 47,873,528$ -$ 47,873,528$ 30.1% Payroll Account 10,589 - 10,589 0.0% Revenue Recovery Account 22,282 - 22,282 0.0% Utility Billing Account 16,939 - 16,939 0.0% Box Office Account 1,348,028 - 1,348,028 0.8% Held as Fiscal Agent of: Cardinal Academy 1,011,707 - 1,011,707 0.6% Court Community Corrections 1,489,751 - 1,489,751 0.9% Held on Behalf of: Economic Development Authority 470,910 - 470,910 0.3% Total Demand & Time Deposits 52,243,734 - 52,243,734 32.7% Investments Local Government Investment Pool (LGIP) 104,041,015 - 104,041,015 65.6% VA State Non-Arbitrage Program (SNAP) 2,574,141 - 2,574,141 1.6% Held on Behalf of: Economic Development Authority LGIP 143,439 - 143,439 0.1% Total Investments 106,758,595 - 106,758,595 67.3% Total Deposits and Investments 159,002,329$ -$ 159,002,329$ 100.0% Item # 5A, 5B, 5C Date: 11/27/2023 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: November 27, 2023 AGENDA ITEM: Consider ordinance on second reading to amend Chapter 90, Article IV Division 2, Section 90-257 of the City Code to adopt water rates for the years 2024-2028; consider ordinance on second reading to amend Chapter 90, Article IV, Division IV, Section 90-303, Subdivision I of the City Code to adopt changes pertaining to charges for sewage disposal for the years 2024-2028; and consider ordinance on second reading amending Chapter 90, Article III, Division 2, Subdivision I, Sections 90-74 and 90-128 pertaining to water and sewer disposal and rates and charges for the years 2024-2028. (Approved on first reading at the November 13, 2023, meeting.) SUBMITTED BY: Larado Robinson, Director of Water/Sewer Department SUMMARY OF INFORMATION: The City’s consultant, TRC (formerly Draper Aden Associates), has performed a Water and Sewer Rate Study and has provided recommendations for rate changes for the next five years. Rate changes include water and sewer base rates, volume rates, connection fees, and availability fees. It is critical to understand that incremental rate increases are necessary to maintain the City of Salem’s water and sewer systems. There are numerous benefits for us as a community to raise rates incrementally as operational and capital improvement costs continue to increase. Raising rates should provide adequate funding that will allow us to:  Maintain Our Expected Level of Service: We desire to maintain the level of service our citizens and businesses expect of us by minimizing service disruptions, reducing the need for unexpected and unplanned capital projects and quickly addressing emergency repairs.  Upgrade Aging Infrastructure: Like many other cities, Salem has an aging water and sewer infrastructure requiring incremental upgrades. Improving our infrastructure improves the efficiency, quality and resilience of our system.  Protect the Public Health: Our top priority is to ensure the delivery of safe and clean water to our citizens and businesses. Additionally, maintaining a dependable sewer system will help us prevent the release of wastewater into the environment.  Meet Regulatory Requirements: We must keep up with unfunded regulatory mandates as regulatory agencies impose new requirements. New requirements include meeting today’s environmental challenges and our need to continue serving the City throughout extreme weather conditions.  Help Preserve Property Values and Promote Economic Growth: A well- maintained water and sewer system will help preserve the overall value of properties within the City of Salem. Maintaining our system will impact the community’s reputation and support economic growth. Providing consistent small rate increases, rather than implementing significant increases in single years, is much more beneficial for citizens and businesses. Increasing rates will also provide adequate funding to ensure our ability to maintain an expected level of service, upgrade our aging infrastructure, promote public health, meet regulatory requirements, help preserve property values and promote economic growth. Rate increases are an investment in the long-term sustainability of the water and sewer systems to secure a prosperous and resilient future for the City of Salem. Note that the attached proposed ordinances show in strikethrough format the rates formally adopted by Council in 2016 for subsequent calendar years. Municode does not reflect the codified 2016 actions. Upon Councils adoption of the new rates and fees, staff will engage Municode to ensure the 2016 rates and fees approved are incorporated into the historical code revisions. FISCAL IMPACT: See Attached. STAFF RECOMMENDATION: It is recommended that Salem City Council approve the recommendations made by the City’s consultant. AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 90, ARTICLE IV, DIVISION 2, SECTION 90-257, OF THE CODE OF THE CITY OF SALEM, VIRGINIA, PERTAINING TO RATES WITHIN CITY. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that Section 90- 257, Division 2, Article IV, Chapter 90, of The Code of the City of Salem, Virginia, be amended, revised, and reordained to read as follows: CHAPTER 90 UTILITIES Article IV. Rates and Charges. Division 2. Water. Sec. 90-257. Rates within city. There are hereby established the following customer classes and rates for consumers of water within the City effective January 1, 2024 July 1, 2016. The following consumer classes are: Residential, generally characterized as serving single family residential household regardless of the level of consumption; Duplex-Residential, those residential customers with two housing units receiving water through one meter; Small Commercial, a business entity that generally uses less than 75,000 gallons of water per month; Large Commercial, business entities both commercial or industrial using in excess of 75,000 gallons of water per month; Multi-Unit, those residential customers with more than two housing units receiving water through one meter or those commercial customers with more than one business location receiving water through one meter; Duplex-Residential, those residential customers with two housing units receiving water through one meter; Fire Service are the connections that are for metered fire suppression systems. The following base charges are hereby established and effective January 1, 2017 as noted: WATER BASE SERVICE FEE Jan. 2017 Jan. 2018 Jan. 2019 Jan. 2020 Jan. 2021 Residential $12.24 $12.60 $12.98 $13.24 $13.51 Small Commercial $24.47 $25.21 $25.96 $26.48 $27.01 Large Commercial $50.39 $51.90 $53.46 $54.53 $55.62 Multi-Unit $37.43 $38.55 $39.71 $40.50 $41.31 Fire Service $24.47 $25.21 $25.96 $26.48 $27.01 WATER BASE SERVICE FEE Jan. 2024 Jan. 2025 Jan. 2026 Jan. 2027 Jan. 2028 Residential $14.46 $15.47 $15.93 $16.41 $16.90 Duplex-Residential $28.91 $30.93 $31.86 $32.82 $33.80 Small Commercial $28.90 $30.92 $31.85 $32.81 $33.79 Large Commercial $59.51 $63.68 $65.59 $67.56 $69.59 Multi-Unit $44.20 $47.29 $48.71 $50.17 $51.68 Fire Service $28.90 $30.92 $31.85 $32.81 $33.79 The following base charges are hereby established and effective July 1, 2016: WATER BASE SERVICE FEE July 2016 Jan. 2017 Jan. 2018 Jan. 2019 Jan. 2020 Jan. 2021 Duplex- Residential $23.76 $24.48 $25.20 $25.96 $26.48 $27.02 The following volume charges are hereby established and effective January 1, as noted: WATER VOLUME RATE (GPM = Gallons Per Month) Jan. 2017 Jan. 2018 Jan. 2019 Jan. 2020 Jan. 2021 First 5,000 GPM $5.25 $5.41 $5.57 $5.68 $5.80 5,000 – 10,000 GPM $5.47 $5.63 $5.80 $5.92 $6.04 10,000 – 75,000 GPM $5.90 $6.08 $6.26 $6.39 $6.51 75,000 GPM – 1,000,000 GPM $6.20 $6.39 $6.58 $6.71 $6.84 1,000,000 GPM and over $3.68 $3.79 $3.90 $3.98 $4.06 WATER VOLUME RATE Per 1,000 Gallons Used (GPM = Gallons Per Month) Jan. 2024 Jan. 2025 Jan. 2026 Jan. 2027 Jan. 2028 First 5,000 GPM $6.21 $6.64 $6.84 $7.05 $7.26 5,000 – 10,000 GPM $6.46 $6.91 $7.12 $7.33 $7.55 10,000 – 75,000 GPM $6.97 $7.46 $7.68 $7.91 $8.15 75,000 GPM – 1,000,000 GPM $7.32 $7.83 $8.06 $8.30 $8.55 1,000,000 GPM and over $4.34 $4.64 $4.78 $4.92 $5.07 Non-User Fees are fees charged to customers if service is available to the property whether or not they use this utility. Water Non-User Fees Jan. 2017 Jan. 2018 Jan. 2019 Jan. 2020 Jan. 2021 32% of 5,000 GPM Residential Rate $12.32 $12.69 $13.07 $13.32 $13.60 Water Non-User Fees Jan. 2024 Jan. 2025 Jan. 2026 Jan. 2027 Jan. 2028 32% of 5,000 GPM Residential Rate $14.55 $15.57 $16.04 $16.52 $17.02 All ordinances, or parts of ordinances, in conflict with the provisions of this ordinance be and the same are hereby repealed. The rates and fees for January of 2028 will remain in effect after December 31, 2028 until or unless amended by ordinance. This ordinance shall be in full force and effect on January 1, 2024 July 1, 2016. Upon a call for an aye and a nay vote, the same stood as follows: H. Hunter Holliday - 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 AN ORDINANCE TO AMEND, REVISE, AND REORDAIN, Chapter 90, Article IV, Division IV, Section 90-303, Subdivision I OF THE CODE OF THE CITY OF SALEM, VIRGINIA, PERTAINING TO CHARGES FOR SEWAGE DISPOSAL. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that the sewage disposal rate schedule be amended, revised, and reordained to read as follows: ARTICLE IV. DIVISION IV. SEWER SERVICE CHARGES IN CITY; PROHIBITED DISCHARGES Subdivision I. In General Section 90-303. Domestic and industrial sewage, charges for disposal. (a) There are hereby established the following customer classes and rates for the consumption of sewer utility services within the City of Salem effective January 1, 2024 July 1, 2016. Residential, generally characterized as serving single-family residential households regardless of the level of consumption; Duplex-Residential, those residential customers with two housing units served by a single meter; Small Commercial, is a business entity that utilizes less than 75,000 gallons per month; Large Commercial, are businesses entities both commercial or industrial using in excess of 75,000 gallons per month; Multi-Unit, those residential customers with more than two housing u nits served by a single meter or those commercial customers with more than one business location served by a single meter; Duplex-Residential, those residential customers with two housing units served by a single meter . The following base charges are hereby established and effective January 1, 2017 as noted: SEWER BASE SERVICE FEE Jan. 2017 Jan. 2018 Jan. 2019 Jan. 2020 Jan. 2021 Residential $22.70 $22.70 $22.70 $22.70 $22.70 Small Commercial $45.41 $45.41 $45.41 $45.41 $45.41 Large Commercial $90.82 $90.82 $90.82 $90.82 $90.82 Multi-Unit $67.11 $67.11 $67.11 $67.11 $67.11 SEWER BASE SERVICE FEE Jan. 2024 Jan. 2025 Jan. 2026 Jan. 2027 Jan. 2028 Residential $23.38 $24.08 $24.80 $25.54 $26.31 Duplex $46.76 $48.16 $49.60 $51.09 $52.62 Small Commercial $46.77 $48.17 $49.62 $51.11 $52.64 Large Commercial $93.54 $96.35 $99.24 $102.22 $105.29 Multi-Unit $70.15 $72.25 $74.42 $76.65 $78.95 The following base charges are hereby established and effective July 1, 2016: SEWER BASE SERVICE FEE July 2016 Jan. 2017 Jan. 2018 Jan. 2019 Jan. 2020 Jan. 2021 Duplex-Residential $45.40 $45.40 $45.40 $45.40 $45.40 $45.40 The following volume charges are hereby established and effective January 1, as noted: SEWER VOLUME RATE (GPM = Gallons Per Month) Jan. 2017 Jan. 2018 Jan. 2019 Jan. 2020 Jan. 2021 First 5,000 GPM $5.39 $5.39 $5.39 $5.39 $5.39 5,000 – 10,000 GPM $5.39 $5.39 $5.39 $5.39 $5.39 10,000 – 75,000 GPM $5.39 $5.39 $5.39 $5.39 $5.39 All over 75,000 GPM $5.39 $5.39 $5.39 $5.39 $5.39 SEWER VOLUME RATE Per 1,000 Gallons Used (GPM = Gallons Per Month) Jan. 2024 Jan. 2025 Jan. 2026 Jan. 2027 Jan. 2028 First 5,000 GPM $5.55 $5.72 $5.89 $6.07 $6.25 5,000 – 10,000 GPM $5.55 $5.72 $5.89 $6.07 $6.25 10,000 – 75,000 GPM $5.55 $5.72 $5.89 $6.07 $6.25 All over 75,000 GPM $5.55 $5.72 $5.89 $6.07 $6.25 Non-User Fees are fees charged to customers if service is available to the property whether or not they use this utility. Sewer Non-User Fees Jan. 2017 Jan. 2018 Jan. 2019 Jan. 2020 Jan. 2021 32% of 5,000 GPM Residential Rate $14.40 $14.40 $14.40 $14.40 $14.40 Sewer Non-User Fees Jan. 2024 Jan. 2025 Jan. 2026 Jan. 2027 Jan. 2028 32% of 5,000 GPM Residential Rate $14.83 $15.27 $15.73 $16.20 $16.69 Unmetered Sewer Fees are fees charged to customers who have sewer service but not a metered water service that provides a monthly reading for usage. Unmetered Sewer User Fees Jan. 2017 Jan. 2018 Jan. 2019 Jan. 2020 Jan. 2021 100% of 4,000 GPM Residential Rate $44.26 $44.26 $44.26 $44.26 $44.26 Unmetered Sewer User Fees Jan. 2024 Jan. 2025 Jan. 2026 Jan. 2027 Jan. 2028 100% of 4,000 GPM Residential Rate $45.58 $46.96 $48.36 $49.82 $51.31 (b) All consumers who purchase from the city only a part of the water consumed or used by them and all persons who purchase or acquire water from any other source, regardless, shall pay based on such volume as set forth in subsection (a) as would have been assessed against such consumers had they been furnished all their water from the city's water system for disposal of industrial sewage. In order to determine the amount of water used by such consumers, regardless of its source, when less than the entire amount of water so used is furnished through the city's water system, such consumers shall install water meters of a type currently used by the city's water and sewer department, so that the same may be read in like manner as the city water meters are now read, and the proper charge for industrial sewage can be fixed and determined on a monthly basis as if such water had actually been purchased each month from the city at the city's prevailing rates, and in addition thereof, the surcharges as are provided for in this subdivision. The sewer rates herein established shall apply to all bills rendered after January 1, 2024 July 1, 2016. All ordinances, or parts of ordinances, in conflict with the provisions of this ordinance be and the same are hereby repealed. The rates and fees for January of 2028 will remain in effect after December 31, 2028 until or unless amended by ordinance. This ordinance shall be in full force and effect on January 1, 2024 July 1, 2016. Upon a call for an aye and a nay vote, the same stood as follows: Passed: Effective: /s/ Mayor ATTEST: H. Hunter Holliday - William D. Jones – Byron Randolph Foley – James W. Wallace, III – Renee F. Turk – H. Robert Light Clerk of Council, City of Salem, Virginia AN ORDINANCE TO AMEND, REVISE AND REORDAIN CHAPTER 90, ARTICLE III, DIVISION 2, SUBDIVISION I, SECTION 90-74 AND 90-128 PERTAINING TO WATER AND SEWER DISPOSAL AND RATES AND CHARGES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, THAT SECTIONS 90-74 AND 90-128, ARTICLE III, CHAPTER 90, of The Code of the City of Salem, Virginia, be amended, revised and reordained to read as follows: Chapter 90 - UTILITIES ARTICLE III. - WATER AND SEWAGE DISPOSAL DIVISION 2. - WATERWORKS SYSTEM AND WATER SUPPLY Subdivision I. - In General Sec. 90-74. - Same—Charges. (a)Generally. Before a service connection to a city water main is made for a consumer of water, the person desiring such connection shall comply with City connection policy and pay to the city treasurer the following charges: (1)Availability fees: The following charges are hereby established and effective January 1, as noted: 5/8” or ¾” Water Meter Size $2,000.00 1” Water Meter Size $4,000.00 1 ½” Water Meter Size $7,000.00 2” Water Meter Size $13,000.00 3” Water Meter Size $25,000.00 4” Water Meter Size $40,000.00 6” Water Meter Size $80,000.00 8” Water Meter Size $155,000.00 Meter Size or Tap Size (Whichever is greater) Jan. 2024 Jan. 2025 5/8” or 3/4” $3,000.00 $4,000.00 1” $6,000.00 $8,000.00 1-1/2” $10,500.00 $14,000.00 2” $19,500.00 $26,000.00 3” $37,500.00 $50,000.00 4” $60,000.00 $80,000.00 6” $120,000.00 $160,000.00 8” $232,500.00 $310,000.00 (2)Connection fees: The following charges are hereby established and effective January 1, as noted: 5/8” or ¾” Water Meter Size $1,500.00 1” Water Meter Size $1,800.00 1 1/2“ Water Meter Size $2,700.00 2” Water Meter Size $3,300.00 Larger than 2” Water Meter Size Actual Cost plus 29% Meter Size or Tap Size (Whichever is greater) Jan. 2024 5/8” or ¾” $2,000.00 or actual cost plus 29%, whichever is greater 1” $2,300.00 or actual cost plus 29%, whichever is greater 1-1/2“ $3,200.00 or actual cost plus 29%, whichever is greater 2” $3,800.00 or actual cost plus 29%, whichever is greater Larger than 2” Actual Cost plus 29% (b)Subdivisions. In a duly approved subdivision where the subdivider or property owner has installed water service laterals, as required under the provisions of chapter 78 of this Code as a part of the physical improvements within the subdivision, the amounts specified in subsection (a) of this section to be made shall be reduced by 40 percent. Connection fee for water service laterals installed by subdivider are hereby established and effective January 1, as noted: 5/8” or ¾” Water Meter Size $900.00 1” Water Meter Size $1,080.00 1 ½” Water Meter Size $1,620.00 2” Water Meter Size $1,980.00 Larger than 2” Water Meter Size Actual cost plus 29%, whichever is greater Water Meter Size Jan. 2024 5/8” or ¾” $1,200.00 1” $1,380.00 1-1/2” $1,920.00 2” $2,280.00 Larger than 2” Water Meter Size Actual cost plus 29% DIVISION 3. - SEWAGE DISPOSAL Subdivision I. - In General Sec. 90-128. - Sewer connection charges generally. (a) Before a sewer service connection is made to a city public sewer, the applicant therefor shall comply with City connection policy and pay to the city treasurer the following charges: (1) Availability fees: The following charges are hereby established and effective January 1, as noted: 5/8” or ¾” Water Meter Size $1,000.00 1” Water Meter Size $2,000.00 1 ½” Water Meter Size $3,500.00 2” Water Meter Size $6,000.00 3” Water Meter Size $12,000.00 4” Water Meter Size $20,000.00 6” Water Meter Size $40,000.00 8” Water Meter Size $75,000.00 Meter Size or Tap Size (Whichever is greater) Jan. 2024 Jan. 2025 5/8” or ¾” $1,500.00 $2,000.00 1” $3,000.00 $4,000.00 1-1/2” $4,500.00 $6,000.00 2” $9,000.00 $12,000.00 3” $18,000.00 $24,000.00 4” $30,000.00 $40,000.00 6” $60,000.00 $80,000.00 8” $112,500.00 $150,000.00 (2) Connection fees: 6” Sewer Connection or smaller - based on lateral diameter The greater of $2,100.00 or actual cost plus 29% Larger than 6” Sewer Connection - based on lateral diameter The greater of $2,100.00 or actual cost plus 29% 6” Sewer Connection or smaller - based on lateral diameter The greater of $2,200.00 or actual cost plus 29% Larger than 6” Sewer Connection - based on lateral diameter The greater of $2,200.00 or actual cost plus 29% (b) This section shall be subject to sections 90-129 and 90-130 All ordinances, or parts of ordinances, in conflict with the provisions of this ordinance be and the same are hereby repealed. This ordinance shall be in full force and effect on January 1, 2024 July 1, 2016. Upon a call for an aye and a nay vote, the same stood as follows: H. Hunter Holliday - 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 Item #6A Date: 11/27/2023 AT A REGULAR MEETING OF CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD IN COUNCIL CHAMBERS AGENDA ITEM: Special Exception Permit Hold public hearing to consider the request of GKM Properties, LLC, property owner, for the issuance of a Special Exception Permit to allow a two-family dwelling on the property located at 800-802 Maryland Avenue (Tax Map # 147 – 2 - 1). (Advertised in the November 16, and 22, 2023, issues of the Salem Times-Register.) (Recommend approval; see page 2 of Planning Commission minutes.) SUBMITTED BY: Mary Ellen Wines, CZA CFM, Planning & Zoning Administrator SUMMARY OF INFORMATION: SITE CHARACTERISTICS: Zoning: RSF Residential Single Family Land Use Plan Designation: Residential Existing Use: Vacant Proposed Use: Two Family Dwelling The subject property (800-802 Maryland Avenue, Tax Map # 147-2-1) consists of a 0.226-acre tract which possesses the RSF Residential Single-Family designation. 800-802 Maryland Avenue was originally built as an up/down duplex (two family dwelling) in 1966; however, in 2013 a building permit was issued to demo the lower unit due to a sewer back up. The unit sat vacant, and the property sold in 2015. The owner at that time discussed putting the lower unit back; however, it was never completed. The property then sold in 2023 and the current owner wishes to reestablish the lower unit. The zoning ordinance requires that two family dwellings receive a Special Exception Permit in order to be constructed in the RSF Residential Single-Family District. On October 26, 2023, the Board of Zoning Appeals approved a variance for the minimum lot frontage and width in order for the lot to meet the minimum requirements of the RSF Residential Single Family District. As a result, the property now satisfies those standards. The Future Land Use Map (FLUM) identifies this area as residential, consistent with the proposed utilization of the property should the Special Exception Permit be granted. REQUIREMENTS: The proposal meets the requirements of Section 106-202.3. Site development regulations for RSF. Board of Zoning Appeals MINUTES Thursday, October 25, 2023, 4:00 PM Council Chambers, City Hall, 114 North Broad Street 1. Call to Order A regular meeting of the Board of Zoning Appeals 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 4:00 p.m., on October 12, and 19, 2023, issue 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. Chairman DuBois called the hearing to order at 4:00 p.m. Chairman DuBois asked for the roll call. Mr. Belanger sat in place of Mr. Sellars at this hearing Ms. Wines stated, and the appropriate party responded: Mr. Belanger here, Mr. Eanes here, Mr. Gresham here, Captain Copenhaver here, Chairman DuBois here. Chairman DuBois requested that everyone please stand for the Pledge of Allegiance. 2. Old business Chairman DuBois asked if there was any old business. Ms. Wines stated the Board did not have any old business items. She stated that there were two (2) prior sets of minutes to be addressed. Chairman DuBois asked if everyone on the Board had a chance to look over the previous minutes and if they did, did anyone have any objections? If not he would entertain a motion for both sets of minutes. Mr. Gresham motioned to approve the minutes. Captain Copenhaver seconded the motion. Chairman DuBois requested a roll call vote. Ms. Wines stated, and the appropriate party responded: Mr. Belanger Aye, Mr. Eanes Aye, Mr. Gresham Aye, Captain Copenhaver Aye, Chairman DuBois Aye. Chairman DuBois asked Ms. Wines to read the disclaimer. Ms. Wines stated that should anyone disagree with the board’s decision today you have the right to appeal to the Circuit Court of the City of Salem. You exercise your right to appeal no later than 30 days following the board’s decision by filing a petition to the Circuit Court specifying the grounds of which you are aggrieved. Chairman DuBois requested Ms. Wines to read the first item of new business. 3. New business Ms. Wines stated that this date and time has been set to hold a public hearing to consider the request of GKM Properties, LLC, property owner, for a variance from Section 106-202.3(A) of the City of Salem Zoning Ordinance pertaining to site development regulations, for the property located at 800-802 Maryland Avenue, Tax Map # 147-2-1. The petitioner is requesting a variance of twenty-five (25) feet of frontage and twenty-five (25) feet of lot width. Proper legal notice has been given and all property owners have been notified. Chairman DuBois inquired if there was any correspondence or phones calls. Ms. Wines stated no. Chairman DuBois opened the public hearing stating that anyone who wished to speak should give their name, address, and relationship to the request. Don Haddon of Balzer and Associates, representative of GKM properties, spoke and stated that the variance is for 25 feet of road frontage and lot width. Mr. Haddon explained the process by which the property underwent a sewage backup in 2013. Until then the property was a duplex. As result of sewage backup the lower unit was demoed and subsequent vacancy. The property was purchased in 2015. The owner at that time discussed putting the lower level back; however it was never completed. The property then sold in 2023 and the current owner wishes to reestablish the lower unit rendering a Special Exception Permit necessary. Which will be discussed at another date and time. Mr. Copenhaver asked if any exterior work will be completed. Mr. Haddon noted that a retaining wall may be added on to one of the driveways adding to the visual aesthetic of the property. Chairman DuBois asked if both units will use the existing driveway. Mr. Haddon noted that there are two separate driveways, and each unit will utilize its own driveway. The driveway in the back will accommodate two vehicles side by side. The driveway in the front can accommodate two vehicles one in front of the other. Chairman DuBois asked if there was anyone else that would like to speak. Mark Jones, a neighboring resident, spoke in concern regarding the potential behavior of tenants that may occupy a two family dwelling. Ms. Wines clarified that this hearing is merely a recommendation regarding lot frontage and lot width, not necessarily the use of the property. She told Mr. Jones there would be another public hearing at a later date for him and his neighbors to express their concerns. Chairman DuBois asked if there was anyone else to speak on the matter and hearing none, closed the public hearing. Mr. Gresham motioned for approval. Mr. Belanger seconded the motion. Chairman DuBois requested a roll call vote. Ms. Wines stated, and the appropriate party responded: Mr. Belanger Aye, Mr. Eanes Aye, Mr. Gresham Aye, Captain Copenhaver Aye, Chairman DuBois Aye. Chairman DuBois stated the variance requested for by the petitioner has hereby granted in accordance with the application presented at this meeting. Chairman DuBois inquired if there was anyone to speak on the matter and hearing none closed the public hearing at 4:10 p.m. The secretary of the Board of Zoning Appeals is here by instructed to certify a copy of this order to the Clerk of City Council and the Building Official of the City of Salem. This hearing is complete. Chairman DuBois adjourned the meeting. ATTEST: Mr. Winston J. DuBois Chairman Planning Commission Meeting MINUTES Wednesday, November 15, 2023, 7:00 PM Work Session 6:00PM Council Chambers Conference Room, City Hall, 114 North Broad Street: WORK SESSION 1. Call to Order A work session of the Planning Commission of the City of Salem, Virginia, was held in Council Chambers Conference Room, City Hall, 114 North Broad Street, Salem, Virginia, at 6:00 p.m. on November 15, 2023; there being the members of said Commission, to wit: Vicki G. Daulton, Chair; Reid Garst, Neil L. Conner, and Jackson Beamer; together with Mary Ellen Wines, Planning & Zoning Administrator; Charles E. Van Allman, Jr., Director of Community Development; Maxwell S. Dillon, Planner; and Christopher Dadak, City Attorney; and the following business was transacted: Chair Daulton called the meeting to order at 5:58 p.m. and reported that this date, place and time had been set for the Commission to hold a work session. 2. New Business A. Discussion of items on the November agenda 1. 800-802 Maryland 2. Sign code changes 3. Zoning ordinance changes A discussion was held regarding the item on the November agenda. B. Introduction of items on the December agenda 1. 68 St. John Road Rezoning HBD to HM 2. 2105-2121 Apperson Drive BCD to HBD Items for the December agenda were introduced, and a discussion was held. 3. Adjournment Chair Daulton inquired if there were any other items for discussion and hearing none, adjourned the work session at 6:53 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 November 15, 2023. Notice of such hearing was published in the November 2 and 9, 2023, issues of the "Salem Times Register," a newspaper published and having general circulation in the City of Salem. All adjacent property owners were notified via the U. S. Postal Service. The Commission, constituting a legal quorum, presided together with H. Robert Light, interim City Manager; Christopher Dadak on behalf of Jim Guynn, City Attorney; Mary Ellen Wines, Planning & Zoning Administrator; Maxwell S. Dillon, City Planner; and Charles E. Van Allman, Jr., Director of Community Development, and the following business was transacted: A. Pledge of Allegiance 2. Consent Agenda A. Minutes Consider acceptance of the minutes from the October 11, 2023, work session and regular meeting. Jackson Beamer motioned Consider acceptance of the minutes from the September 13, 2023, work session and regular meeting and the September 29, 2023, joint work session with City Council. Neil Conner seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King 3. New Business A. Special Exception Permit Hold public hearing to consider the request of GKM Properties, LLC, property owner, for the issuance of a Special Exception Permit to allow a two-family dwelling on the property located at 800-802 Maryland Avenue (Tax Map # 147 – 2 - 1). Staff noted the following: The subject property (800-802 Maryland Avenue, Tax Map # 147-2-1) consists of a 0.226-acre tract which possesses the RSF Residential Single- Family designation. 800-802 Maryland Avenue was originally built as an up/down duplex (two family dwelling) in 1966; however, in 2013 a building permit was issued to demo the lower unit due to a sewer back up. The unit sat vacant, and the property sold in 2015. The owner at that time discussed putting the lower unit back; however, it was never completed. The property then sold in 2023 and the current owner wishes to reestablish the lower unit. The zoning ordinance requires that two family dwellings receive a Special Exception Permit in order to be constructed in the RSF Residential Single-Family District. On October 26, 2023, the Board of Zoning Appeals approved a variance for the minimum lot frontage and width in order for the lot to meet the minimum requirements of the RSF Residential Single-Family District. As a result, the property now satisfies those standards. The Future Land Use Map (FLUM) identifies this area as residential, consistent with the proposed utilization of the property should the Special Exception Permit be granted. Don Hadden, Balzer & Associates, agent for GKM Properties, appeared before the Commission and stated that the request is to reinitiate the property as a duplex. The property sat vacant for over two years; therefore, it lost its "grandfathered" status. The property was built in 1966 as a duplex, but had some unfortunate circumstances happen that ruined the bottom unit. The current owners are local and are invested in the property and the community. Some landscaping and cleaning up of the exterior of the property has already started. Currently the house fronts facing Maryland Avenue and has access from Pine Street to both units, and street parking is also available. Member Garst questioned what year the property was last occupied as multi-family. Mr. Hadden stated that it was in 2015 and noted that the top unit is the only one that had been in use until the property became vacant. Vice Chair King questioned what measurers had been taken to correct the sewer issue. Greg Matthews, property owner, 5364 Paragren Crest Circle, Roanoke, appeared before the Commission and stated that they currently have contractors evaluating the property. He plans to update the unit, but the project has been on hold until the outcome of the Special Exception Permit request is known. Member Conner questioned the projected rent of the units. Mr. Matthews stated that MKB Realtors would manage the property and handle the vetting of the renters. The projected rent would be just under $1,500 a month for each unit. A landscaping company would mow the grass. A discussion was held regarding the sewer issues of the property, landscaping, upgrades, etc. It was again noted that the structure was originally built as a duplex and was also noted that the Special Exception Permit can be revoked. Mark Jones, 808 Maryland Avenue, appeared before the Commission, and stated that he lives the closest to the residence and will be the most affected by the decision. He and his wife have lived there for almost 35 years and have raised a family in their home. He further stated that there have been some bad tenants over the years, and he is concerned about future tenants. Member Conner questioned who owned the property during that time. Mr. Jones stated that Luke Waldrop owned the property. He stated that there have been some good tenants, but mostly bad tenants over the years. He noted that his sewer goes out the rear of his property and assumes it goes out the rear of the property in question as well. A discussion was held regarding previous tenants, previous owners, the request is revocable, etc. Vicki Jones, 808 Maryland Avenue, appeared before the Commission and stated that their master bedroom backs up to the right to the bottom unit of the subject property. She also noted the issues and struggles with the property over the years. Marie Tourville, 812 Maryland Avenue, appeared before the Commission and stated that she has a disabled daughter that stays home alone during the day, and she is concerned about the potential nature of the tenants. It was noted that only one person came into the office to ask about the request and did not address any concerns. Just inquired about the request. Mr. Matthews reappeared before the Commission and discussed the applicant screening process done by MKB Realty. Mr. Dadak noted that it is inappropriate for Planning Commission to assume illegal actions by the applicant. No other person(s) appeared related to the request. Neil Conner motioned approve the request of GKM Properties, LLC, property owner, for the issuance of a Special Exception Permit to allow a two-family dwelling on the property located at 800-802 Maryland Avenue (Tax Map # 147 – 2 - 1). Denise King seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King B. Amendment to the City Code - Chapter 66 Signs Hold public hearing to consider amending Chapter 66, Article I, In General, Section 66-7, Nonconforming signs and 66-9, Removal of signs no longer advertising existing bona fide business, of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to signs. Mary Ellen Wines, Zoning Administrator, appeared before the Commission and stated that signs perform an important function in identifying and promoting properties, businesses, services, residence, events, and other matters of interest to the public. However, signs can also obstruct views, distract motorists, displace alternative uses for land, and pose other problems that legitimately call for regulation. As a result, it is incredibly important to ensure that signs are properly managed, maintained, and even improved when necessary; especially those which do not meet the current standards and those that advertise businesses that are no longer in operation. The following guidelines are mechanisms by which non- conforming signs and signs no longer advertising a bona fide business will be regulated moving forward. For non-conforming signs, the City shall give the owner twelve (12) months to utilize the sign, to make it conform to the current regulations of this chapter, or to remove the sign and all parts of the sign structure. By giving them the additional twelve months, no other sign permits can be pulled for the property. Failure to meet the required ten-foot setback will not be enforced as a non-conforming violation due to the historic right-of-way expansion over the years. The size and height of the sign will come into play for non-conforming signs. Signs that no longer advertise an existing bona fide business--instead of having the sign covered or replaced, the face only of the sign will be required to be replaced by a blank white face within 60 days after the closing of the business. No other person(s) appeared related to the item. Neil Conner motioned approve amending Chapter 66, Article I, In General, Section 66-7, Nonconforming signs and 66-9, Removal of signs no longer advertising existing bona fide business, of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to signs. Jackson Beamer seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King C. Amendment to the City Code - Chapter 106 Zoning Hold public hearing to consider amending Chapter 106, Zoning, Article II District Regulations, Sections 106-208.2, 106-214.2, 106-216.2, and 106-218.2, pertaining to permitted uses; Section 106-216.3 pertaining to site development regulations; Article III Use & Design Standards, section 106-304.21 pertaining to short term rentals; section 106-316.3 pertaining to accessory uses, residential; Article IV Development Standards, section 106-404 pertaining to parking requirements; section 106-406 miscellaneous provisions pertaining to storage containers; and Article VI Definitions and use types, section 106-600 pertaining to definitions of the CODE OF THE CITY OF SALEM, VIRGINIA. Staff noted the following: As staff has worked through the enforcement of the current zoning ordinance, it has become apparent that a few use types (administrative services, restaurant, retail sales) are either missing, or not appropriate in certain zoning districts. The changes in bold below reflect those adjustments. Additionally, the establishment of previously absent site development regulations for BCD Business Commerce District have been introduced. Staff would also like to introduce Short-Term Rental as a use type, correspondingly identifying its parameters, while not currently allowing it in any zoning district. This is designed to prevent the City of Salem from potentially being forced to adopt state- mandated short-term rental regulations. Adjustments to the ordinance to promote uniformity with the yard sale policy have been included. Off-street parking requirements have been modified in an effort to reduce the minimum requirements for several use types. The objective of these changes is to maximize usable space while also removing unnecessary impervious surfaces that introduce negative environmental benefits. Changes to the regulation of storage containers have been proposed to improve the character of major commercial corridors (i.e., Main Street, Wildwood Road, 4th Street, etc.) by not allowing them to be viewed from the public way. Residential storage containers which facilitate relocation and renovation will still be permitted temporarily through the Community Development Office. Finally, staff has proposed additional language which will require the front door of any residential structure to face the street to which it is addressed. This change will remove ambiguity in the current code which potentially allows for the manipulation of front, side, and rear yards for lots which possess more than one street frontage. Duane Smith, 462 Patricia Drive and 1020 S. College Avenue, appeared before the Commission regarding the proposed amendment regarding storage containers. He stated that he understands the restriction in certain corridors but does not agree with College Avenue. He knows certain properties are being targeted, two of which he owns. The storage containers on his property are well-maintained and mostly out of sight from the street. He listed a few properties he knew that currently had storage containers on their property. He feels that the storage containers are better suited for businesses as they are made of steel, last longer, have less repair, more economical, etc. He feels that the proposed amendment needs to be fine-tuned. A discussion was held regarding the proposed amendment(s) to Section 106-406 miscellaneous provisions pertaining to storage containers and it was continued to the March 13, 2024, meeting. No other person(s) appeared related to the item. Jackson Beamer motioned approve amending Chapter 106, Zoning, Article II District Regulations, Sections 106-208.2, 106-214.2, 106-216.2, and 106-218.2, pertaining to permitted uses; Section 106-216.3 pertaining to site development regulations; Article III Use & Design Standards, section 106-304.21 pertaining to short term rentals; section 106-316.3 pertaining to accessory uses, residential; Article IV Development Standards, section 106-404 pertaining to parking requirements; and Article VI Definitions and use types, section 106-600 pertaining to definitions of the CODE OF THE CITY OF SALEM, VIRGINIA. Denise King seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King 4. Adjournment On motion by Member Conner, seconded by Vice Chair, the meeting was adjourned at 8:08 pm. City Council meeting, November 27, 2023, 6:30 p.m. Council Chambers, City Hall, 114 North Broad Street MBLU Location Owner Name Co-Owner Name Address 1 Address 2 City, State, Zip 147-2-1 800 MARYLAND AVE GKM PROPERTIES LLC C/O KALIE MATTHEWS 5364 PEREGRINE CREST CIR ROANOKE VA 24018 147-2-2 808 MARYLAND AVE MARK TRAVIS JONES VICKY A PUGH 808 MARYLAND AVE SALEM VA 24153 147-2-3 812 MARYLAND AVE CYNTHIA MARIE TOURVILLE 812 MARYLAND AVE SALEM VA 24153 147-2-15 805 ILLINOIS AVE MARVIN A CLINE RAMA L CLINE 5466 W RIVER RD SALEM VA 24153 147-2-16 801 ILLINOIS AVE ILLINOIS LLC 5466 W RIVER RD SALEM VA 24153 147-1-5 743 ILLINOIS AVE JOHNNY L GINN JERRI L GINN P O BOX 356 SALEM VA 24153 147-1-6 733 ILLINOIS AVE OLAF BARTHELMAI JOY BARTHELMAI 645 APPERSON DR SALEM VA 24153 147-1-4 750 MARYLAND AVE SONIA A GERALD 750 MARYLAND AVE SALEM VA 24153 147-1-3 744 MARYLAND AVE BRIAN CURTIS HAYMAN LANGLEY A HAYMAN 744 MARYLAND AVE SALEM VA 24153 119-4-6 745 MARYLAND AVE PATRICIA A RIDGEWAY 745 MARYLAND AVE SALEM VA 24153 119-4-5 749 MARYLAND AVE AMELIA H GERNER 749 MARYLAND AVE SALEM VA 24153 119-3-21 803 MARYLAND AVE RICHARD J COOK NANCY B COOK 803 MARYLAND AVE SALEM VA 24153 119-3-21.1 809 MARYLAND AVE ANDREW MAGEROS HELENA MAY MAGEROS 809 MARYLAND AVE SALEM VA 24153 Item #6B Date: 11/27/2023 AT A REGULAR MEETING OF CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD IN COUNCIL CHAMBERS AGENDA ITEM: Chapter 66 Code Changes Hold public hearing and consider adoption of ordinance on first reading amending Chapter 66, Article I, In General, Section 66-7, Nonconforming signs and 66-9, Removal of signs no longer advertising existing bona fide business, of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to signs. (Advertised in the November 16, and 22, 2023, issues of the Salem Times - Register.) (Recommend approval; see page 4 of Planning Commission minutes.) SUBMITTED BY: Max Dillon, Planner SUMMARY OF INFORMATION: Throughout the process of working with various property and business owners, it has come to staff’s attention that nonconforming signs are prevalent throughout Salem, and the cost of removing those signs is often exorbitant. As a result, the following code change would allow property/business owners a period of 12 months to either utilize or remove a nonconforming sign, during which time no other signs will be permitted for that business. The proposed change in Section 66-9 would require signs which no longer advertise a bona fide business to be replaced with a blank white face, as opposed to be replaced with a black face/covered. This adjustment is designed to promote uniformity and enhance the aesthetics of outdated signs. Section 66-7 B(9): Discontinued use. If any nonconforming sign or any use to which such a sign applies is discontinued for a period exceeding two years, it shall then be made to conform with the requirements of this chapter or removed. In addition, a nonconforming sign structure shall be removed by the owner or lessee of the property. The city manager or his designee shall give the owner twelve (12) months to utilize the sign, make it conform with the requirements of this chapter or remove the sign and all parts of the sign structure. During this time no other sign permits will be issued for the parcel on which the nonconforming sign is located. Section 66-9 Whenever any sign no longer advertises an existing bona fide business, service or product manufactured on a premise, and such business, service or product has not been located or been available on the premises for 60 days or more, such sign face shall be replaced with a blank white sign face. professionally covered, or the sign face painted blank. AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 66, SIGNS, ARTICLE I, IN GENERAL, SECTIONS 66-7 and 66-9 OF THE CODE OF THE CITY OF SALEM, VIRGINIA PERTAINING TO SIGNS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that Sections 66-7 and 66-9, Article I of The Code of the City of Salem, Virginia, be amended, revised, and reordained to read as follows: CHAPTER 66 SIGNS ARTICLE I IN GENERAL Sec. 66-7. Nonconforming signs. A. Signs legally in existence at the time of the adoption of this chapter, which do not conform to the requirements of this chapter, shall be considered nonconforming signs. 1. Electronic sign settings not meeting the regulations herein shall not be considered nonconforming since the settings may be easily altered. 2. The burden of establishing nonconforming status of signs and of the physical characteristics/location of such signs shall be that of the owner of the property. Upon notice from the city manager, or his designee, a property owner shall submit verification that sign(s) were lawfully existing at time of construction. Failure to provide such verification shall be cause for order to remove sign(s) or bring sign(s) into compliance with the current ordinance. 3. To determine the legal status of existing signs in each of the cases listed in section 66-7(B), the applicant shall submit the following information to the city manager or his designee: a. Type(s) of existing sign(s) located on the property. b. The area and height of all signs. c. For freestanding signs, the distance between the curbline or shoulder and the nearest portion of the sign. A certified plat may be required. d. Type of sign illumination. e. The electronic capabilities of the sign. f. The material of which the sign is constructed. g. The building frontage. h. The control method for glare and brightness. B. All permanent signs and sign structures shall be brought into conformance with the sign regulations when and if the following occurs: 1. The sign is removed, relocated, or significantly altered. Significant alterations include changes in the height, size or dimension of the sign. Changes to the sign copy or the replacement of a sign face on a nonconforming sign shall not be considered a significant alteration. Moving a window sign to another location within or to another window shall be considered a relocated sign. 2. If less than 50 percent of the sign area is destroyed or damaged, it may be restored within two years after such destruction or damage but shall not be enlarged in any manner. 3. If more than 50 percent of the sign area is destroyed or damaged, it shall not be reconstructed but may be replaced with a sign that is in full accordance with the provisions of this chapter. 4. An alteration in the structure of a sign support. 5. A change in the mechanical facilities or type of illumination. 6. A change in the material of the sign face. 7. The property on which the nonconforming sign is located submits a subdivision or land development application or site plan requiring city review and approval. 8. The property on which the nonconforming sign is located submits an application for an amendment to the zoning ordinance requiring the review and approval of city council. 9. Discontinued use. If any nonconforming sign or any use to which such a sign applies is discontinued for a period exceeding two years, it shall then be made to conform with the requirements of this chapter or removed. In addition, a nonconforming sign structure shall be removed by the owner or lessee of the property. The city manager or his designee shall give the owner twelve (12) months to utilize the sign, make it conform with the requirements of this chapter or remove the sign and all parts of the sign structure. During this time no other sign permits will be issued for the parcel on which the nonconforming sign is located. If the owner or lessee fails to remove the sign structure, the city manager, or his designee, shall give the owner 15 days' written notice to remove it. Upon failure to comply with this notice, the city manager, or his designee, may enter the property upon which the sign is located and remove any such sign or may initiate such action as may be necessary to gain compliance with this provision. The cost of such removal shall be chargeable to the property owner and may be collected as taxes and levies. 10. Nothing in this section shall be deemed to prevent keeping in good repair a nonconforming sign. Nonconforming signs shall not be extended or structurally reconstructured or altered in any manner, except a sign face may be changed so long as the new face is equal to or reduced in height and/or sign area. The material of the sign face shall not be changed. C. Prior to the events listed in section 66-7(B), nonconforming signs may be repainted or repaired up to 50 percent of the replacement cost of the sign, the sign copy may be changed, and sign faces may be replaced provided that these actions do not increase the dimensions of the existing sign, and do not in any way increase the extent of the sign's nonconformity. D. Nonconforming signs shall be exempt from the provisions of section 66-7, if the nonconforming sign possesses documented historic value, and has met the requirements and has been approved in accordance with section 66- 13. E. All electronic signs must be programmed so as to conform to the regulations of this chapter. Sec. 66-9. Removal of sign no longer advertising existing bona fide business. Whenever any sign no longer advertises an existing bona fide business, service or product manufactured on a premise, and such business, service or product has not been located or been available on the premises for 60 days or more, such sign face shall be replaced with a blank white sign face. professionally covered, or the sign face painted blank. 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: H. Hunter Holliday - William D. Jones - Byron Randolph Foley - James W. Wallace, III – Renee F. Turk – Passed: Effective: __________________________ Mayor ATTEST: ___________________________ H. Robert Light Clerk of Council City of Salem, Virginia Item #6C Date: 11/27/2023 AT A REGULAR MEETING OF CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD IN COUNCIL CHAMBERS AGENDA ITEM: Chapter 106 Code Changes Hold public hearing and consider adoption of ordinance on first reading amending Chapter 106, Zoning, Article II District Regulations, Sections 106-208.2, 106-214.2, 106-216.2, and 106-218.2, pertaining to permitted uses; Section 106-216.3 pertaining to site development regulations; Article III Use & Design Standards, section 106-304.21 pertaining to short term rentals; section 106-316.3 pertaining to accessory uses, residential; Article IV Development Standards, section 106-404 pertaining to parking requirements; section 106-406 miscellaneous provisions pertaining to storage containers; and Article VI Definitions and use types, section 106-600 pertaining to definitions of the CODE OF THE CITY OF SALEM, VIRGINIA. (Advertised in the November 16, and 22, 2023, issues of the Salem Times - Register.) (Recommend approval except Section 106-406.25 which was continued until the March 13, 2024, Planning Commission meeting; see page 5 of Planning Commission minutes.) SUBMITTED BY: Max Dillon, Planner SUMMARY OF INFORMATION: As staff has worked through the enforcement of the current zoning ordinance, it has become apparent that a few use types (administrative services, restaurant, retail sales) are either missing, or not appropriate in certain zoning districts. The changes in bold below reflect those adjustments. Additionally, the establishment of previously absent site development regulations for BCD Business Commerce District have been introduced. Staff would also like to introduce Short-Term Rental as a use type, correspondingly identifying its parameters, while not currently allowing it in any zoning district. This is designed to prevent the City of Salem from potentially being forced to adopt state-mandated short-term rental regulations. Adjustments to the ordinance to promote uniformity with the yard sale policy have been included. Off-street parking requirements have been modified in an effort to reduce the minimum requirements for several use types. The objective of these changes is to maximize usable space, while also removing unnecessary impervious surfaces that introduce negative environmental benefits. Changes to the regulation of storage containers have been proposed to improve the character of major commercial corridors (i.e. Main Street, Wildwood Road, 4th Street, etc.) by not allowing them to be viewed from the public way. Residential storage containers which facilitate relocation and renovation will still be permitted temporarily through the Community Development Office. Finally, staff has proposed additional language which wi ll require the front door of any residential structure to face the street to which it is addressed. This change will remove ambiguity in the current code which potentially allows for the manipulation of front, side, and rear yards for lots which possess more than one street frontage. Item #6D Date: 11/27/2023 AT A REGULAR MEETING OF CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD IN COUNCIL CHAMBERS AGENDA ITEM: Chapter 74 Code Changes Consider adopting ordinance on first reading amending Chapter 74, Streets, Sidewalks, and other Public Places, Article IV Numbering of houses and buildings, section 74-101(c) pertaining to assigning addresses, and Section 74-103 pertaining to placing of address numbers of the CODE OF THE CITY OF SALEM, VIRGINIA. SUBMITTED BY: Mary Ellen Wines, Planning & Zoning Administrator SUMMARY OF INFORMATION: Historically in the City of Salem, a property could be addressed to any street frontage available to that particular parcel regardless of access or to which street the primary structure was oriented. For example, corner lots or lots with two street frontages could "choose" which street to be addressed. This, in turn, can affect the zoning setback requirements for front yards, side yards, and rear yards. Moving forward, this proposed code change verifies that all buildings shall be addressed according to the street to which the lot (and corresponding primary structure) faces. This is further defined in the zoning ordinance by Building, front. "That portion of a building facing the street of address." The goal of this change is to ensure the front door shall be provided with orientation to the street on which it is addressed. Furthermore, 13VAC5-63-224 of the Virginia Administrative Code states: The numbers shall be legible and placed in a position that is visible from the street or road fronting the property. The numbers shall contrast with their background and shall be Arabic numbers. Numbers shall not be spelled out. Each character shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private drive and the building address cannot be viewed from the public way, a monument, pole or other approved sign or means shall be used to identify the structure. AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 74, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, ARTICLE IV, NUMBERING OF HOUSES AND BUILDINGS, SECTION 74-101(c) PERTAINING TO ASSIGNING ADDRESSES AND 74-103 PERTAINING TO PLACING OF ADDRESS NUMBERS OF THE CODE OF THE CITY OF SALEM, VIRGINIA PERTAINING TO SIGNS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that Section 74-101 (c) and 74-103, Article IV, Chapter 74, of The Code of the City of Salem, Virginia, be amended, revised, and reordained to read as follows: Chapter 74 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES ARTICLE IV. NUMBERING OF HOUSES AND BUILDINGS Sec. 74-101. Plans. a. All houses or buildings shall be numbered according to the centenary plan. The intersection of the centerline of Main Street and the centerline of North Broad Street on the north and South Broad Street on the south shall be considered the central point of the city, thus forming the quadrants to be styled northwest, northeast, southwest and southeast divisions. From the centerline of North Broad Street on the north and South Broad Street on the south, Main Street shall be known as West Main Street to the west and East Main Street to the east. b. Beginning at the central point as described in subsection (a) and moving therefrom upon the axis of reference, houses or buildings and vacant lot frontage shall be numbered from one upward, allowing one number for every 25 feet of street frontage on each side of the street. Odd numbers shall be placed upon the north side and even numbers upon the south side of the streets running in a generally east and west direction, and odd numbers shall be placed upon the west side and even numbers upon the east side of the streets running in a generally north and south direction. A new hundred shall be begun at each intersection as far as practicable, or where existing streets or proposed future streets would intersect if extended. Where blocks and intersection intervals are irregular a new hundred shall be begun at reasonable intervals corresponding in general to blocks or intersections in other parts of the city. c. All buildings shall be addressed according to the street to which the lot faces. Sec. 74-102. Assignment of numbers. The city manager shall assign the proper numbers to all existing houses or buildings and to future houses or buildings as they may be constructed, in accordance with the provisions of section 74- 101. Sec. 74-103. City to furnish numbers; Dduty of owner of house or building shall place numbers. Numbers of a uniform design shall be furnished for every house or building by the city. These numbers shall be properly placed upon the house or building by the owner or other person in charge thereof., and each owner or person in charge of a house or building within the city shall secure such numbers from the office of the city manager and place and maintain such numbers upon his house or building in a proper manner within 60 days after due notice has been given through publication in a newspaper having general circulation in the city, or otherwise, that the proper numbers have been assigned by the city manager. The numbers shall be legible and placed in a position that is visible from the street or road fronting the property. The numbers shall contrast with their background and shall be Arabic numbers. Numbers shall not be spelled out. Each character shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private drive and the building address cannot be viewed from the public way, a monument, pole or other approved sign or means shall be used to identify the structure. 1Cross reference(s)—Numbering of buildings and structures in subdivisions, § 78- 214. (From 13VAC5-63-224 of the Virginia Administrative Code.) 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: H. Hunter Holliday - William D. Jones - Byron Randolph Foley - James W. Wallace, III – Renee F. Turk – Passed: Effective: __________________________ Mayor ATTEST: ___________________________ H. Robert Light Clerk of Council City of Salem, Virginia Item #6E Date: 11/27/2023 AT A REGULAR MEETING OF CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL AGENDA ITEM: Chapter 94 Code Changes Consider ordinance on first reading amending Chapter 94, Nuisances, Sections 94-3, Declaration of nuisances; abatement required, pertaining to trees of the CODE OF THE CITY OF SALEM, VIRGINIA. SUBMITTED BY: Mary Ellen Wines, Planning & Zoning Administrator SUMMARY OF INFORMATION: Since the introduction of trees into the nuisance ordinance in June of 2021, we have received numerous complaints regarding trees, their limbs, and their potential to possibly impact another property. From the inception of the nuisance ordinance, the incorporation of trees was ultimately intended to assist property owners when a danger to life and property was either probable or had already occurred due to the falling of trees and/or branches. Throughout our implementation of the nuisance ordinance, our code enforcement team has learned and concluded that once the damage has occurred, it is simply a private property issue that should be handled between property owners. As a result, the phrase "have fallen" should be removed from the nuisance ordinance. In addition to the removal of damage which has already occurred, we are proposing to add the term "imminent" to the “trees or parts thereof in danger of falling” phrase to mitigate the flooding of calls received for what in actuality are benign organisms. Certainly, an act of God can render any tree a significant danger, but these changes are crafted in a way which establishes a credible threat to life/property under normal circumstances must be present for the City to get involved. AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 94, NUISANCES, SECTION 94-3 PERTAINING TO TREES, OF THE CODE OF THE CITY OF SALEM, VIRGINIA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, THAT SECTION 94-3 OF CHAPTER 94, OF THE CODE OF THE CITY OF SALEM, VIRGINIA BE AMENDED, REVISED, AND REORDAI NED TO READ AS FOLLOWS: Chapter 94 Nuisances Sec. 94-3. Declaration of nuisances; abatement required. It shall be unlawful for any person who owns or occupies property to permit a nuisance as set forth in this chapter to exist on any parcel within the corporate limits of the city. The responsible party shall abate any nuisance as defined herein. The following conditions, when allowed to exist on property, are hereby declared to be nuisances: 1. Weeds growing on any parcel except weeds on property zoned AG Agricultural or in active farming operation, or in the case of a parcel greater than one acre in area natural vegetation growing more than 50 feet from every property line shall not constitute a public nuisance. 2. Trees or parts thereof in imminent danger of falling or have fallen onto neighboring property, buildings, structures, vehicles, or any public right-of-way. Trees growing into a structure resulting in damage to structural elements shall also be deemed a nuisance. 3. Hedges, shrubs, trees or other vegetation, any part of which extends or protrudes into any street, sidewalk, public right-of-way, grass strip or alley so as to obstruct or impede or threaten the safe and orderly movement of persons or vehicles. 4. Trash, as defined herein, which is not contained in an approved container that conforms to the requirements of sections 70-42 and 70-45. 5. Accumulation of stagnant water leading to the breeding of mosquitoes. 6. Vehicle tires that have been removed from the rim. 7. Infestation by bats, rodents, insects, arachnids, or vermin. 8. Any other condition that threatens the health, safety, order, and convenience of the public. 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: H. Hunter Holliday - William D. Jones - Byron Randolph Foley - James W. Wallace, III – Renee F. Turk – Passed: Effective: __________________________ Mayor ATTEST: ___________________________ H. Robert Light Clerk of Council City of Salem, Virginia Item #6F Date: 11/27/2023 November 27, 2023 Council of the City of Salem Salem, Virginia 24153 Dear Council Members: For your information, I am listing appointments and vacancies on various boards and commissions: Board or Commission Recommendation Board of Appeals (USBC Building Code) Recommend appointing Patrick Snead for the remainder of the current five-year term of David Botts as a regular member ending January 1, 2025; also recommend appointing David Botts as an alternate member for a five-year term ending January 1, 2029. Roanoke Valley Resource Authority Recommend re-appointing Rob Light for a full four-year term ending December 31, 2027. Western Virginia Regional Jail Authority Recommend reappointing William D. Jones and April M. Staton as Members and Byron R. Foley, Rosemarie Jordan, and Steve Garber as Alternates for a one-year terms ending December 31, 2024. Vacancies Blue Ridge Behavioral Healthcare Need one member to complete remainder of three-year term ending December 31, 2024. Board of Appeals (USBC) Need one alternate, five-year term Roanoke River Blueway Advisory Committee Need one member, two-year term Sincerely, Laura Lea Harris Laura Lea Harris Deputy Clerk of Council CITY OF SALEM, VIRGINIA BOARDS AND COMMISSIONS November 27, 2023 MEMBER EXPIRATION OF TERM BLUE RIDGE BEHAVIORAL HEALTHCARE Term of Office: 3 years (3 terms only) Vacant (replace Ann Tripp) 12-31-24 Rev. C. Todd Hester 12-31-25 Dr. Forest Jones 12-31-23 AT LARGE MEMBERS: Patrick Kenney 12-31-25 Helen Ferguson 12-31-23 Bobby Russell 12-31-24 BOARD OF APPEALS (USBC BUILDING CODE) Term of Office: 5 years John R. Hildebrand 1-01-26 Robert S. Fry, III 1-01-28 David A. Botts 1-01-25 Nathan Routt 5-11-25 Joseph Driscoll 1-01-28 ALTERNATES: David Hodges 12-12-26 Chelsea Dyer 8-09-25 Vacant BOARD OF EQUALIZATION OF REAL ESTATE ASSESSMENTS Term of Office: 3 years (appointed by Circuit Court) Wendel Ingram 11-30-24 N. Jackson Beamer, III 11-30-24 David A. Prosser 11-30-25 Janie Whitlow 11-30-26 Kathy Fitzgerald 11-30-24 BOARD OF ZONING APPEALS Term of Office: 5 years (appointed by Circuit Court) F. Van Gresham 3-20-27 Frank Sellers 3-30-28 Winston J. DuBois 6-05-24 Gary Lynn Eanes 3-20-25 Tom Copenhaver 3-20-27 ALTERNATES: Tony Rippee 10-12-28 Jeff Zoller 3-1-28 Steve Belanger 11-13-28 CHIEF LOCAL ELECTED OFFICIALS (CLEO) CONSORTIUM No Term Limit H, Hunter Holliday Alternate: James E. Taliaferro, II MEMBER EXPIRATION OF TERM CONVENTION & VISITORS BUREAU John Shaner No term limit COMMUNITY POLICY AND MANAGEMENT TEAM No term limit except for Private Provider (Names) (Alternates) Rosie Jordan Tammy Todd Laura Lea Harris Crystal W illiams Kevin Meeks Joshua Vaught Amy Cole Jasmin Lawson Cathy Brown Sarah Watkins Howard Shumate Leigh Frazier Courtenay Alleyne Heather Gunn Chris Park Mark Chadwick Parent Rep-Vacant Vacant Sue Goad Chrissy Brake Randy Jennings Deborah Coker Darryl Helems Mandy Hall Derek Weeks Danny Crouse Health Dept. - Vacant Vacant W endel Cook Jessica Cook *Note: Rosie Jordan will serve as Fiscal Agent For the City of Salem ECONOMIC DEVELOPMENT AUTHORITY Term of Office: 4 years (Requires Oath of Office) William Q. Mongan 3-09-27 Paul C. Kuhnel 3-09-24 J. David Robbins 3-09-24 Cindy Shelor 4-10-25 Macel Janoschka 3-09-25 Sean B. Kosmann 12-14-24 Joe Curran . 12-14-24 FAIR HOUSING BOARD Term of Office: 3 years Betty Waldron 7-01-25 Melton Johnson 7-01-26 Cole Keister 8-09-24 Pat Dew 3-01-24 Janie Whitlow 4-09-24 MEMBER EXPIRATION OF TERM FINE ARTS COMMISSION (INACTIVE) Term of Office: 4 years Cameron Vest 5-01-15 Julie E. Bailey Hamilton 5-01-15 Brenda B. Bower 7-26-12 Vicki Daulton 10-26-12 Hamp Maxwell 10-26-12 Fred Campbell 5-01-13 Rosemary A. Saul 10-26-13 Rhonda M. Hale 10-12-14 Brandi B. Bailey 10-12-14 STUDENT REPRESENTATIVES LOCAL OFFICE ON AGING Term of Office: 3 years John P. Shaner 3-01-24 Partnership for a Livable Roanoke Valley(INACTIVE) Term of Office: Unlim ited James E. Taliaferro, II PERSONNEL BOARD Term of Office: 2 years William R. Shepherd 6-09-25 J. Chris Conner 8-12-25 Margaret Humphrey 8-12-25 Garry Lautenschlager 11-23-24 Teresa Sizemore-Hernandez 4-26-25 PLANNING COMMISSION AND NPDES CITIZENS' COMMITTEE Term of Office: 4 years Neil Conner 7-31-26 Denise “Dee” King 7-31-26 Vicki Daulton 7-26-27 Reid Garst 7-31-26 N. Jackson Beamer 8-28-27 REAL ESTATE TAX RELIEF REVIEW BOARD Term of Office: 3 years David G. Brittain 2-14-25 Wendel Ingram 6-11-24 Daniel L. Hart 2-14-24 ROANOKE REGIONAL AIRPORT COMMISSION Term of Office: 4 years Dale T. Guidry 7-1-24 ROANOKE RIVER BLUEW AY ADVISORY COMMITTEE Term of Office: 2 years Jeff Ceasar 6-30-24 Vacant 6-30-25 MEMBER EXPIRATION OF TERM ROANOKE VALLEY-ALLEGHANY REGIONAL COMMISSION Term of Office: 3 years H. Hunter Holliday 6-30-24 Dee King 6-30-26 James W. Wallace, III 6-30-24 ROANOKE VALLEY BROADBAND AUTHORITY Term of Office: 4 years H. Robert Light 12-14-23 Mike McEvoy (Citizen At-large) 12-13-25 ROANOKE VALLEY DETENTION COMMISSION No Terms Member Alternate James Taliaferro Rosemarie Jordan ROANOKE VALLEY GREENW AY COMMISSION Term of Office: 3 years Dr. Steven L. Powers 11-08-24 Russ Craighead 7-25-25 Skip Lautenschlager 9-26-26 ROANOKE VALLEY RESOURCE AUTHORITY Term of Office: 4 years Rob Light 12-31-23 ROANOKE VALLEY TRANSPORTATION PLANNING ORGANIZATION (TPO) POLICY BOARD Term of Office: 3 years Renee F. Turk 6-30-26 H. Hunter Holliday 6-30-26 Alternate: Byron R. Foley 6-30-26 SCHOOL BOARD OF THE CITY OF SALEM Term of Office: 3 years Nancy Bradley 12-31-24 Teresa Sizemore-Hernandez 12-31-24 Andy Raines 12-31-25 Stacey Danstrom 12-31-25 David Preston 12-31-23 SOCIAL SERVICES ADVISORY BOARD Term of Office: 4 years, 2 term limit Heath Rickmond 12-01-26 TOTAL ACTION FOR PROGRESS Term of Office: 2 years Byr on Randolph Foley 11-13-25 (vacant - full-time alternate) 11-13-21 MEMBER EXPIRATION OF TERM TRANSPORTATION TECHNICAL COMMITTEE (TTC) Term of office: 3 years Crystal Williams 6-30-26 Josh Pratt 6-30-26 Alternate: James E. Taliaferro, II 6-30-26 Alternate: Max Dillon 6-30-26 VIRGINIA W ESTERN COMMUNITY COLLEGE LOCAL ADVISORY Term of Office: 4 years (2 term s only) Dr. Forest I. Jones, Jr. 6-30-26 VIRGINIA’S BLUE RIDGE BOARD Term of Office: H. Robert Light WESTERN VIRGINIA EMERGENCY MEDICAL SERVICES COUNCIL Term of office: 3 years Deputy Chief Matt Rickman 12-31-25 WESTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY Term of Office: 4 years (Requires Oath of Office) Tommy Miller 2-3-26 H. Robert Light 2-3-24 Crystal Williams (Alternate) 2-3-26 Vacant (Alternate) 2-3-24 WESTERN VIRGINIA REGIONAL JAIL AUTHORITY Term of Office: 1 year – Expires 12-31-23 (Requires Oath of Office) W illiam D. Jones Alternate: Byron R. Foley James E. Taliaferro, II Alternate: Rosemarie Jordan April M. Staton Alternate: Chief Deputy-Major Steve Garber