HomeMy WebLinkAbout1/9/2017 - City Council - Agenda -RegularCity Council Meeting
Monday, January 9, 2017, 7:30 PM
Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 24153
1.Call to Order
2.Pledge of Allegiance
3.Bid Openings, Awards, Recognitions
4.Consent Agenda
A.Minutes
Consider approval of the minutes from the December 12, 2016 Work Session and regular
meeting.
B.Financial Report
Consider acceptance of the Statement of Revenues and Expenditures for five months ending
November 30, 2016.
5.Old Business
A.Fire Prev ention and Protection Ordinance
Consider ordinance on second reading to amend Chapter 34, Article I, Section 34-6, Article
II, Sections 34-40, 34-41, 34-42 and Section 34-43-34-60, Article III, Section 34-63,
Subsections 106.9, 106.10, 107.2, Table, 302.1, 307.1, 307.1.1, 307.2, 307.2.2, 307.2.3,
307.3, 307.3.1.1, 307.4, 307.4.1.1, 307.4.2.1, 307.4.3, 307.5 and appendices pertaining to
fire prevention and protection.
B.Vacation of Right of Way
Receive Viewers report and consider ordinance on first reading to permanently vacate a
right-of way for the area behind Lots 1, 2, 3, and 4 from Plat Book 5, page 21. Beginning at
the point of curvature for curve C2, heading N75° 56’ 30” E for 154.36 feet to the
unopened right of way lane, then S42° 11’ 47” E for 290.28 feet, then S47° 48’ 13” W for
50.00 feel, then N42° 11’ 47” W for 219.34 feet, and around curve C2 back to the point of
curvature, as shown in the attached drawing. (As advertised in November 28, and
December 5, 2016 issues of The Roanoke Times.)
6.New Business
A.Conv eyance of Property
Hold a public hearing to consider the sale of the property located at 8 West Main Street,
Salem, Virginia, Tax Map # 122-6-8, consisting of .36 acres. (As advertised in
the December 29, 2016 issue of the Salem Times Register.)
B.231 Chestnut Street
Consider approval of a Performance Agreement between 231 Chestnut Street, LLC, t he
Economic Development Authority of the City of Salem, Virginia and the City of Salem.
C.Amendment to City Code
Hold a public hearing and consider ordinance on first reading amending Chapter 106,
Zoning, of the Code of the City of Salem, Virginia. (As advertised in the December 22 and
29, issues of the Salem Times Register.) Recommend approval; see page 1 of Planning
Commission minutes. STAFF REPORT
D.Zoning Ordinance Amendment
Hold a public hearing and consider ordinance on first reading amending Chapter 106, of the
Code of the City of Salem, Virginia pertaining to a new official Zoning Map dated
December 2016 and Zoning District. (As advertised in the December 22 and 29, 2016
issues of the Salem Times Register.) Recommend approval of Alternative #2; See page
25 of Planning Commission minutes. STAFF REPORT
E.Marketplace Fairness Act
Consider adoption of Resolution 1308 in support of the Marketplace Fairness Act.
F.Boards and Commissions
Consider appointments to various boards and commissions.
7.Closed Session
8.Adjournment
Audit - Finance Committee meeting for Monday, January 9, 2017 is cancelled.
Work Session meeting for January 9, 2017 is cancelled.
IEM#54_
oATE l-q- 11
UNAPPROVED MINUTES
CITY COUNCIL WORK SESSION
December 12, 2016
A work session of the council of the city of salem, Virginia, was held in the City
Manager's Conference Room, 114 North Broad Stree! Salem, Virginia, on December 12, 2016,
at 5:3o p.m., there being presentthe following members ofsaid Council, towit: Byron Randolph
roi"y, wittium D. Jones, Jane W. Johnson, lames A. Martin and James L Chisom; with Byron
Ranjolph Foley, presiding; together with Kevin S. Boggess, City lManager; James E Taliaferro,
ll, (absent); Rosemarie B. Jordan, Director of Finance; Tammy H. Todd, Assistant Director of
Finance; along with, Courtney Rodgers and Doug Gebhardt of Daven port & ComPan, LLC, Rob
Churchman of Cherry BeckeG and the following business was transacted:
Mayor Foley reported that this date, place, and time had been set in orderforthe Council
to hold a work session; and
WHEREAs, Mr. Rogers gave a reportonthe summaryof bids forthe General obligation
Refundinq Bonds, Series 2oU; and
WHEREAS, Mr. Churchman gave a report on the Comprehensive Annual Financial RePort
(CAFR); and
Mr. Boggess gave various updates; and
wHEREAS, there was no further discussion to be had, l\4ayor Foley adjourned at 7:, p.m.
Mayor
Clerk of Council
1.
City Council Meeting
NIINUTES
Meryday, December 12, 2016, 7:30 PM
Council Chambers, Clty Hall, 114 North Broad Street, Salern, Mrginia 24153
Call to Order
A regular meeting of the Council of the City of Salern, Virginia, was called to order
at7:30 p.o, there being present the following members to wit: Byron Randolph
Foley, Mayor, William D. Jones, Mce-Mayor, Councilmembers: Jane W. Jokson,
James A. Martin, and James L. Chisom; along with Kevin S. Boggess, City
Manager; James E. Taliaferro, II, Assistant City Manager and Clerk of Council
(absent); Melinda J. Payne, Director of Economic Development; Rosemarie B.
Jordarg Director of Finance; Charles E. VanAllrnarL Jr., Director of Community
Development; Mike Stevens, Connnunications Director; Crystal L. I-aBrie,
Executive Secretary to the City Manager; and Stephen M. Yost, City Attorney.
Pledge ofAllegiance
Bid Openings, Awards, Recognitions
Consent Agenda
A. Minutes
Consider approval of the minutes from the Work Session and regular meeting on
November 28,2016.
Accepted
B. Financial Report
Consider acceptance of Statement of Revenues and Expenditures for four months
ending October 31, 2016.
Mr. Jones asked Mrs. Jordan to explain the difference in the figures as far as
revenues based on this year conpared to last year. Mrs. Jordan noted if we are
looking at the General Fund there is a very big variance between "General Property
Taxes." Staff has been working a couple of years on getting this transitioned. Up
until this year, taxes were reported when the levy was issued or when the bills were
actually printed and issued, we recorded the full levy and an allowance of what we
expected to not collect atthat point in time. We have elected to switch to where we
are recording those revenues as they are collected not with the levy. Througfrout the
year we will see those numbers become corrparable and by June 30th they will be
,
3.
4.
pretty much equal. But right now what we are seeing is w*rat looks like a
$10,000,000 adjustment. But, '*tren we think about October 3lst, what is the tax
collection date? We have not hit the big tax collection date so this is why the
revenue is low at this point. On the December staternent, we will this number come
much closer to what we saw for the prior year. She noted that this change is much
easier on staff, and Finance and Technologr staffhave worked diligently to get this
transition done. Further, they have done a fantastic job making this transition She
also noted that she would be glad to help with any questiolls on this line itern
Mr. Chisom noted it seems going forward that we will be able to really tell where
we are collective wise versus the old way of doing this. And then each montl1 we
will be able to see exactly where we are and then if we have collection issues or
revenue issues, then we will be able to spot those much easier so this is a great
change. Mrs. Jordan noted that this is correct and in the past, Council has not been
able to see this so this will make it much easier and more transparent as to what our
collection rate has been
Received
5. Old Business
A. Amendment to Zoning Ordinance
Corsider the ordinance on second reading at the request of the Salem Historical
Society, property owner, for rezoning the property located at 1936 West Main
Street. (Tax Map #138-2-7) from RSF Residential Surgle Family District /HBD
Highway Business District to Highway Business District with conditions.
(Approved on first reading at November 28,2016 meeting.)
William Jones motioned to adopt the ordinance on second reading rezoning the
property located at 1936 West Main Street (Tax Map #138-2-7) from RSF
Residential Single Family District /HBD Highway Business District to Highway
Business District with conditiors (approved on first reading at November 28, 2016
rneeting.). James Chisom seconded the motion
Ayes: Chisorn, Foley, Johnsoq Jones, Martin
6, New Business
A. Vacation of Right of Way
Hold a public hearing and consider ordirnnce on first reading to vacate and
permanently dispose of a 50' right of way with portions of variable width beginning
at a point east of Mountainview Drive to the terminus of the unopened right of way
as shown on the attached rnap. (As advertised in the Novemb er 28, and December
5,2016 isstes of The Roanoke Times).
Mr. Boggess noted this is a public hearing this evening but he suggested that
Council consider appointing a board of viewers to review this for recommendations
and that they may want to consider continuing the public hearing this evening so
there may be additional public connnents at the next meeting.
Mayor Foley asked if the City Attomey had any other questions or corrnnents.
Mayor Foley opened the public hearing and noted that City Council will continue
the public hearing until the next regular meeting because Cor.rncil will be appointing
viewers to review the request.
Barbara Reedy Booker of 3 16 Polar tane, property owner, appeared before Council.
She explained the right ofway that is in question is connected to the property that
she owrs. Her family bought the property in 1953 and it has been in her possession
since 1992. Further, the property is not used for anything and she believes that it is
a paper road which was dedicated when the properfy was an apple orchard.
Mayor Foley asked if anyone else was in attendance to speak on the issue. There as
no response from the audience. Mayor Foley noted that Council will continue the
public hearing portion to the January gthr2017, meeting regarding the vacation of
this 50' right of way. He asked Mr. Yost if it would have to be advertised again
since we are continuing the itern Mr. Yost noted Council can continue the item and
if he understands it correctly, the rrntion will be to continue it to the next meeting
and also to appoint tlree viewers from the viewers list to determine whether the
closing of the right of way would affect or cause any inconvenience to any adjacent
property owners.
James Chisom motioned to continue the public hearing and the consideration ofan
ordinance on first reading to vacate and permanently dispose ofa 50' right of way
with portions of variable width beginning at a point east of Mountainview Drive to
the terminus of the unopened right of way as shown on the attached map to the
January 9th2017, meeting and also directed staffto appoint viewers from the
viewers list to determine whether the closing of the right of way would affect or
cause any inconvenience to any adjacent property owners (as advertised in the
November 28, atf, December 5,2016 issues of The Roanoke Times). Jane Johnson
seconded the motion-
Ayes: Chisorn, Foley, Johnsoq Jones, Martin
B. Fire Prevention and Protection Ordinance
C.
Consider ordinance on first reading to amend Chapter 34, Article I, Section 34-6,
Article II, Sections 3440, 3441,3442 and Section 3443-34'60, Article III, Section
34-63, Subsectiors 106.9, 106.10,107.2, Table,302.1,307.1,307.1.1,307.2,
307.2.2,307.2.3,307.3,307.3.1.1,307.4,307 .4.t.1,30',7.4.2.1,307 .4.3,307.5 and
appendices pertaining to fue prevention and protection
Mr. Yost noted that he did not have a lot to say about the proposed amendments. He
stated that he had received this from Angela Sellers, who is primarily working to
update a number ofour ordinances. Furthel he believes she had contacted the Fire
Department and Doug Moore, Fire Marshal, regarding the changes. He has also gone
ttrough the changes, and it appears to him that is merely a situation where we are
getting our ordinance in conrpliance with the State Fire Prevention Code, which has
already been adopted and been in effect in Salem for many years. This will allow
the City of make more stringent requirements than the State Fire Prevention Code.
He spoke to Doug Moore regarding the changes, and he concurred that the changes
are nothing nnre than bringing us to the standard of the State Code. This is just
administrative and housekeeping.
James Chisom motioned to approve the ordinance on first reading to amend Chapter
34, Article I, Section 34-6, Article II, Sections 3440,3441,3442 ard Section 34-
43-34-60,Article III, Section 34-63, Subsectiors 106.9, 106.10, 107.2, Table, 302.1,
307.t,307.t.t,307.2,307.2.2,307.2.3,307.3,307.3.t.t,307.4,307.4.t.r,
30'7.4.2.1,307.4.3,307.5 and appendices pertaining to fire prevention and
protection. Wlliam Jones seconded the motion.
Ayes: Chisorn, Foley, Johnsorl Jones, Martin
Visitor Parking Program
Consider ordirnnce on first reading amending Chapter 86, Article V, Section 86.
Mayor Foley noted that City Council will not take action on this item this evening
as they do not have all the information needed at this time.
Mr. Yost noted that Council does not need a vote to continue the item as there is no
public hearing involved. It can just be placed back on the agenda when they think it
is appropriate.
General Obligation Refunding Bond
Corsider request to approve Resolution 1307 authorizing the issuance, sale and
award of a General Obligation Refunding Bond, Series 2017A. Audit-Finance
Committee
D.
E.
William Jones noted that the Audit Committee met to discuss the item Under
General Obligation Refunding Bond, the City can effect debt service savings by
issuing a series of its general obligation refunding bond to refirnd on a current basis
all or a portion of the outstanding 20074 Bonds and pay the related costs of
issuance and refunding. The bond issue will be a principal amount not to exceed
$13,000,000. The Committee reviewed the request and recommends the adoption
of this resolution authorizing the issuance, sale and award of its general obligation
refunding bond, series 20174 in an aggregate principal amount not to exceed
$13,000,000. He fi.rther noted he will be glad to answer any questioru, and Mrs.
Jordan may want to add additional information.
Mayor Foley noted that Council had discussed this item in their work session It is
the re-issuance of a bond r,rtrich will result in about $147,000 a year in savings to
the City. Mrs. Jordan noted that this is correct. Mr. Jones noted that the total savings
will be approximately $1.4M and Mrs. Jordan noted this was also correct. Mr.
Martin noted based on the discussiors this is a prudent way to rnanage the City's
money and help ourselves as far as the year to year costs.
Mayor Foley thanked Mrs. Jordan and stafffor the work on this item
William Jones motioned to adopt Resolution 1307 authorizing the issuance, sale and
award of a General Obligation Refunding Bond, Series 2017A. Audit-Finance
Committee. James Martin seconded the motion
Ayes: Chisonl Foley, Johnsorq Jones, Martin
Appropriation ofFunds
Corsider request to accept and appropriate grant firnds received for the Roanoke
Valley DUI Task Force. Audit - Finance Committee
Mlliam Jones stated the Audit Finance Committee met to discuss this item The
City of Salem Police Departrnent has been awarded $141,870 from the National
Highway Traffic Safety Administratioll This grant will be administered by the
Mrginia Deparhnent of Motor Vehicles (better known as DM\). The project title for
this grant is "Roanoke Valley DIII Task Force." This grant is a cooperative effort of
law enforcement agencies including the Cities of Salem and Roanoke, the County of
Roanoke, and the Town of Vinton For fiscal year 2017, this grant is budgeted to
cover the purchase price for one police vehicle, operating supplies, uniforms and
salary and benefits for one police ofEcer for the City of Salem The Committee
reviewed the request and reconnnends accepting the grant from DMV and
appropriating $141,870 for the Police Department's state grant account.
F,
William Jones motioned to accept and appropriate grant funds received for the
Roanoke Valley DL,rl Task Force. Audit - Finance Committee. James Martin
seconded the motion.
Ayes: Chisorq Foley, Johrsoq Jones, Martin
Comprehensive Annual Financial Report
Receive presentation regarding the Conprehersive Annual Financial Report for the
year ended June 30, 2016.
Mayor Foley noted that the auditor from Cherry Bekae( was present at Council's
work session and presented his findings so Council has heard all the details. He
noted that this document will be posted on the City's website for the public's
review.
Mrs. Jordan noted that Rob Churc[ partner with Cherry Bekaert, presented a more
detailed report to City Council and staffthis evening. One of the requirements is
that City Council ofiicially accepts the report. After it is accepted, it will be posted
on the City's website for anyone who would like to review the report. Mr. Boggess
noted that it was a cleaq unmodified opinion which is the highest ranking.
Mr. Martin noted that he is pleased with the positive corffnents received from the
auditor about City staffs capabilities in reporting our financial duties. He thanked
staff for all the work they are doing.
Jane Johnson motioned to accept the presentation regarding the Conprehersive
Aru:rual Financial Report for the year ended June 30,2016. James Martin seconded
the motion
Ayes: Chisonr, Foley, Johrson, Jones, Martin
Abstract of Votes
Receive Abstract ofVotes cast at the General and Special Election held on
November 8, 2016.
Mr. Jones asked if City Council just needed to accept the Abstract ofVotes, and
Mr. Yost noted that the report has been submitted for them to accept and nothing is
required.
The Abshact ofVotes was accepted as presented.
G.
H. Boards and Commissions
Consider appointments to various boards and commissions.
Mayor Foley noted that a list of candidates and openings that are available was in
the meeting packet.
Mr. Jones asked the Mayor if he had spoken with the two candidates for the
Economic Development Authority openings, and Mayor Foley noted that he had
personally spoken to each ofthe candidates.
William Jones motioned to appoint David Thomhill and Todd Parsons as fulI term
members with four year terrns to the Economic Development Authority (EDA) with
term ending December 31,2020. Jane Johnson seconded the motion.
Ayes: Chisonl Foley, Jotrson, Jones, Martin
7. Closed Session
A. Closed Session
Hold a closed session pursuant to provisions of Section 2.2-3711 A (3) of the
1950 Code of Mrginia, as amended, to discuss properties the City may wish to
buy.
William Jones nrotioned to rnove to closed session pursuant to provi(rons of Section
2.2-3711A(3) of the 1950 Code of Virginia, as amended, to discuss property the
Ciff may wish to purchase. Jane Jolnson seconded the motion.
8. Adjoumment
William Jones motioned to reconvene at 8:00 p.m and that in accordance with
Section 2.2-3712D. of the Code of Virginia, 1950 as amended to date, Council
hereby certifies that in Closed Session only items lawfully exenpted from open
meeting requirements under the Mrginia Freedom of Information Act and only such
items identified in the motion by utrich the Closed Session was convened were
heard, discussed, or considered by the Council. Jane Johnson seconded the motion
The meeting adjoumed at 8:01 p.m
ITEM #
Cily O{ SiLm, Vlrglnir
Ganoral Fund
St i.mant Ot Rcyenuol And Erp.ndtu6a
For Fly. Ionth3 Endlng l{oy.mb.r 30, m16
Ravanuaa:
Bogrnning Balance 7-1-16
Gensral Propofty Taxes
Other Local Tare6
Permits And Lrcansas
Finos And Forfeiiures
Revonus From Us€ Of Money
And Prop6rty
Charggs For S€rvrcos
Paymsnt ln Lieu Of Taxes from Eloctric Fund
Paymoni ln Lieu Of Taxes ftom Water Fund
Mi3callan€ous Rovenue
Non-Categorical Aid
Shered Exp€nsos
Cat6gorical Aid
Total Ravanuaa
Erpandlurr.3:
General Govemmont
Judicial Administrelion
Public Sateg
Public Works
Hoatth And Wsfara
Education
Parks. RocJ6ation And Cultural
Community Dowlopmont
Non-OapEnmental
Contingency
Rosarva For Fund Balsnca R6plon6hmont
Ro$rve For Caprtal
Totrl Exr.ndlturr.
Ravanu.. Ovarr(Un.rar) Erpcndlturra $ $ (12.034.903)
32.816,628 (1,105,799)
$ (8,661,733) $ (3.373.170)
Cunent Yaar
Budqet
$ 1,449,533
34.053,209
20,968.100
256.800
114,500
436,016
5.741.0',14
3.160.000
130.@O
308,469
3,978,272
1.260,862
Cunent Ysar
Year to Dato
s-
7.576.765
4,938.888
107.549
45,6EO
321.U7
2.33o.226
1.560.000
68.508
63,093
457,28
381 ,413
lo ol
Budoat
0o/o
22%
240h
42%
40%
74%
41%
50%
53%
20%
1|yo
30%
Prior Yosr
Yeer to Deta
E.
12,253,916
4,990,066
130,933
35.385
230.589
2.444,W7
1.580.@0
60,934
72.993
492,252
388,506
44%
40%
44%
32%
3s%
4%
4',t%
36%
31%
0%
o%
41%
2,606,882
852,754
6,828,036
6,457.260
784.909
10,557,599
1,867,571
655.533
2,206,,U5
31.710.829
6,053,419 1.E05,498 3ooh 1.473,793 331.7',17
77.910.194 '19 675 927 25'/o 24.154,896 (4.478,969)
6.55't.7E4
2.049.661
16.469,889
13.251,256
2.443I8
21,843.901
4,970,964
2,08i,.316
7.230.W
592.3ss
375.mO
48.'.t24
77,910.194
2,W,278
813.516
7.305.590
4.287.115
s52.028
10,519,292
2,018,953
752,212
2,275.U7
*e
DeiEdH1-"1
Variance
t
(4,677.151)
(51,800)
(23,3E4)
10.295
90.458
(114,681)
7,574
(9,870)
(35,034)
(7.093)
279,395
(39,278)
477.sil
(2,170,145)
67.119
(38,307)
151.382
96,679
6S,801
Schedule B
City of Salem
Sales Tax Summary
For Fiscal Years 2015 - z0tl
lunCAprMar,.n
FY 2077
IloY Oec
FY 2015 FY 2016
S€pt
750,000.00
700,000.00
650,000 00
600,000.00
550,000.00
500,000.00
450,000.00
400,000 00
350,000.00
300,000.00
250,000.00
200,000 00
150,000.00
100,000.00
50,000.00
.lu ly
Schedule C
City of Salem
Meals Tax Summary
For Fiscal Yearc 2015 - ZOtl
500,000.00
s50,000.00
500,0@.00
450,000.00
400,000.00
3s0,000.o0
300,000.00
250,000.00
200,000.00
150,0@.o0
r@,000.00
s0,000.00
Dec ian
FY 2016 tY 2At7
I{ov
tY 2015
APr ,une
t-
I
Schedule D
City of Salem
Lodging Tax Summary
For Fiscal Years 2015 - 2Ot7
m
June
I
M.YFeb Ma.Dec jan
FY 2016 tY 201t
,{ov
FY 2015
S.pt (h
I
Aut
225,000.@
200,000.00
175,0@.00
1s0,0@.00
125,000.00
100,000.00
7s,000.@
50,000.00
25,000.00
Cuntnl Yaar
Budgoi
3 805.0,00
340.000
3.000,000
Curant Yoar
Yaar to D{r
t 296,986
117 .192
1.275.715
ta ot
Bud!.t
Prior Yaat
Y..r b D.b
$ 298.847
139.377
1,491.459
SCHEDULE E
Vtrianco
(1,861)
(22.185)
l21s,7{,4)
(252.660)
42,109
6,197
i.7,521)
20
ilrl.501
(8.121)
\2.87s)
Ctty Ot S.Lm, Virginh
Solid W..i. Ditgosrl
St bin nt Of Op.r.tiom
For Fiy. Iorth3 Ending l{ovemb.r 30, 20i6
Op.rrling RaY.nln:
Rav.nrl.3 For Waab l)itooaal:
Totcr Faos
Containsr F6as
WaEb Colleclron & DBposal ChaEcs
Rscycling Proco€dg
Total Rav.ouaa For Waab Dbpo.al
Opar.ting ErpandtEr.a:
R.lu.. Colhction:
Salsrbs
Fringc Bonofits
Contraclual Sorv|ces
Pnnhg and Binding
Travel and Treinrng
MBcall€neou!
MBcallsnoous CGdits
MrtliaB 8nd Supptia8
Capital Outlay
Tot l R.tut. col.clion
Containarr:
Sehrios
F.ing6 B€n€lttg
Confrclrlel SGrvicos
Miscallaneoua
Ml6collsn€ous CrBdits
Mat6ri8ls And Supptbs
Capitel Outlay
Total Cont ln lt
Tnnaia. Strtion:
Sslarirs
Fnng€ Boncfts
Contraciuel Servrces
Utlitas
Communrc€tions
Lor8a6 and R6nt ls
Traval 8nd Traintng
MBccllancous
Waste DispGal
Mascellsneous Crsdits
Msbrials and Supplios
Capital Outlsy
Total Tr.nabr Siation
Totrl Op.r.dng Erpandltun!
N.t C6t For Soti(l Wati. Dbpo..t
37%
v%
43%
636.654
289.979
199,225
1.500
625
2.O11
(45,000)
52.800
300.512
r 26,346
71.W
272
45.713
(19,438)
3.725
17%
14%
37%
1E%
0%
2273%
43%
7%
258,/()3
120.149
81.585
252
1.212
(11,317)
6.600
53't .195
145.(x5
s.217
37.939
't 3.964
320
963
8,231
1,268.678
122.{11
1.870
176,976
69,223
94,701
12.U2
33s
1.292
9,085
1.537,755
3.621
(31.931)
(13,m6)
(*.782)
'1.122
(15)
(329)
(851)
(m9.077)
(22,301)
(1.751)
12%
35%
38%
40%
32%
0%
48%
18%
370h
0%
19%
73.000 7.563 10% 20.4334,218,000 1.697,456 40% 1.950,116
----____98 6,983 (6.983)47% 453.867 - 6732S
17,917 20.667 43% 16,621 2,0a619.961 8,216 41% 8,326 (110)50.000 6.958 11% 1O.3SO Q.,42212,300 17.713 771% 916 rs,uz,0% (593) 5937,040 292 1% 13,140 (13.148)255.673 255.672 1@%3srfei- ----30rEr- -----fiir - siat ----#
346,955
161,972
99.709
35.000
1,mo
2.000
45,496
3,/t00.173
9.850
1 .137 .7
-----------:-:: ---------------- ------ .-Eq 16.soo (16.500)4.102.155 1.s10.e2e 37% ----- i t2fuo- -----iiijEit
5.622.U0 2.351.673 42% 2.437.287_ (85,615)
654.216 S 487.171 I 167,045
City of Salem, Virginia
Debt Outstanding
For Period Ending November 30, 2016
Balance
7 t1t2016
Schedule F
City Orbt Outst nding
20108 VMWACO Series G Build America Bonds
2010D VMWACO Bonds I Tax Exempt Bonds
201 1 Union Firsi Market Refunding Eonds
2013 Public lmprovement Bonds
2015 Key Bank Refunding Bonds
2016A Publlc lmprovement Bonds
20168 Public lmprovement Bonds
Total City D.bt Outltanding
School Debt Outstanding
20100 VMWACO Bonds I Tax Exempt Bonds
201 'l Union First Market Refunding Bonds
2012A Public lmprovement Bonds
2013 Public lmprovement Bonds
Totat School Oebt Outltanding
Total Debt outstanding
- 1,359,224
(s27,563) 17,152,317
_ 418.305
(766,862) 4,989.376
(477,250) 7,636,000
(275,575t 4,665.900
(1,519,687) 17,709,s8,1
-On47N -t4s6-m0-6-
2,700,000
2,893.712
3,288,762
1,603,525
1 .912.481
3,922.176
1,359,224
17,679.880
lssuances
Principal
Payments
(438,;3s)
(89 425)
Balance
11t3012016
2,700,000
2,593,712
2,850,624
1,514,100
1,912.481
3,922,176
418.305
5,756,238
8,1 13.250
4,941 .47 5
19.229.268
-TfrJdqlaT
City of Sal€m. Virgnia
CaE tal ProJects Fund
Statorn€nl ot Revsn[r$ and Expenditures
For PE bd Ending November 30. 2016
proiecl TotatAudgcl To Dltc Encumbrancos pro€cl
253.879
302.400
150.000
123,800
1 15,000
63.545
836.267
576,657
535.246
59.172
550 (xx!
650.000
483.000
876,381
625.000
450,903
1 .109
1,2$
800.0@
80.330
15.127
5.107
262.600
251,503
17,869
1.892
2.380
400,972
1@.99/a
1,000.000
350.m0
500.000
253.879
fi2.1@
150,OOO
123.800
i15.m0
63,5/45
836.267
576.657
97.608
10.845
28,227
551 180
650.000
483,m0
625.m0
59.505
1.447
25.935
80 330
15.127
5,.tO6
83,726
17.868
3.558
2,375
2.320
26.000
1.001.922
3so.00o
s00.000
7,679
7.050.610
508,309
266.893
98,834
fi2.924
142,366
15.290
253,879
302.400
150.000
123,800
1r5,000
63.545
836.267
576,657
97.608
10.8i15
28,227
551 180
650.OOO
483.000
625 (m
59,505
1.447
25.935
60.330
15.127
5,ito6
83.726
17,868
3,558
2.379
2,320
26.000
1.m1.922
350,000
5{n,@0
schedule G
4.33A.772
Avarlable
Balance
Y€ar To
DateFund Balance, July 1.2016
Revenuasl
ERP-Transfer From GF
ERP-Transter From EF
ERP-Transfer From Schools
ERP-20t3 Bonds
Cama System-Transfer From GF
Docurnenl Mgmt Solution-zo1 3 Bonds
Fire Trucks-2o16 Bonds
Fir6 Trucks-Transler From GF
Eicych & Ped Safety tmpr prog-Federat
Eicych & Pod S8lety lmpr prog-State
BEycle & Ped Sabty tmpr Prog-Locat
Libra.y Rool-201 6 Bonds
Courthouse F,ont Eotrance-2o16 Bonds
Street Department Equipflent-Zo16 Bonds
Roanole Blvd Mutlimodat tmpr at VA-Fed
Soqal SeMces Buatding-2016 Bonds
Groenway Phase 28-Enhancement
Greenway Phase 28-2013 Bonds tnterest
G.eenway Phase 2B-Xfer GF
Greenway Phas€ 4-RSTP
Greenway Phas€ 4-Enhancement
Greenway Phase 4-2013 Bonds
Greerway Phas€ 4-Xbr GF
Greenway Phese tRSTp
GGenway Phase tEnhancement
Greenway Ph8se $20't 3 Bonds
Greenway Phase s-Xfer GF
Greenway Donatons
Mason Creek creonway Phase 2-Federat
Mason Craek Greenway phase 2-Local
Salem iil6.norial Renovatlons-2016 Bonds
Sabm Memo.i€l Scoreboard-20r6 Bo.ds
Oorntofln lmprovements.zo 16 Bonds
lnterEst R€v6nue-20 t 6 Bonds
Total R6venu63
boenditures:
ERP - Ner World
ERP . PCI
Cama System
Docurnant Mgmt Solution
Firo Tructg
Biefcb a Pedestrian Safcty lmpr prog
Library Roof
437.640
$,627
(28.2271
(1 180)
876.381
ar',,agE
(33E)
(21.689)
800,000
1
262.600
167 .777
1
(1 ,666)
,|
398,652
82.994
(1,922\
21,420
,t02
5.355
856
95
10,453.961
530.079
300.0@
115.m0
53,5/a5
1,412,924
59..7N
550.0@
5.000
63,260
4.326
50.180
3.403.371
21.770
33.'107
r 1,166
2E5
550,mo
444,O28
484,530
34,84n
't5,290
7,679 (7,679) 6.441
7.050,610
508.309
266.893
103.834
63.260
86'2.924
1i16,692
65.470
10.7't 1
34.309
City of Salem. Virginia
Caprtel ProiecG Fund
Stalement of Revenuos and Expenditures
For Per*)d EndinE Novembor 30. 2016
Prcrect Totat Avarlable Year To
Schedule G
543.676
3.829.405
Coudhouso Front Entrane
Slreel Oepatunont Equiprient
Roanoke Blvd Multimodal lmpr at VA
Social SeMces Building
Rke Rirrer Greenway Phase 28
Rke River G.eenway Ph8se ,a-Apperson
Rke Riwr Gr€onway Phas€ s-Eddy
Greer|[ay Donations
Mason Creek G.eenyvay Phase 2
Salem Memonal Parl Renovations
Salem Memonal Part Scoreboard
Downtohrn lmprovements
Tolal Expenditures
Fund Balance, November 30. 20i6
Btlg=t=== To OaP Encumbran(86 prcrect Balance Oala6s0,o0o 7,820 Tqo?o -------TE6- -------El6 7.820.183,0@ 336.152 125.9aO rf,2,@2 20,908 336,152876.361 - 876.38,t -625.@0 - 625,m0.156,258 76,585 49.300 125,885 330,373 26.775900.684 100,862 _ too,862 600.002533.8dr 105.312 19.964 125,276 irc8.588 1602.380 _ 2.3805@.966 37.308 65.233 ,t22. 1 3f7.125 34,/08'r,mo,ooo 662.551 88.002 750.553 219.447 77 ,16350,fl,0 - 3so,mo5oo,0m ______________:_ soo,mo _____________:_
10.453.98'1 3.221.26 565,225 3.786.431 6.667.550
Schadula H
City of S.lem, vitgini.
Electric Fund
Strbment of Opor.tioni
For Five monti3 Ending tlovember 30, 2016
Cuneni Year
Budget
Current Year
Year to Oate
o/o ot
Budoat
50%
Prior Year
Year to Oate VarianceOperating Rovenuot
Sale ot Po\ er
Other Eleclric Revanue
Total Operating Revenues
Operating Expon3o3
Olher Power Generation - Operalion
Other Power Generation - Maintenance
Purchased Porver
Transmission - Operation
Transmission - Maintenance
Distribution - Operations
Distribution - Maintenance
Cuslomer S€rvice
Administration & General - Operation
Adminisfaton & General - Maintenance
Capital
Contingencl
Total Operating Exp€nses
lncomo (1038) BoforE Tr.nsisrt
Transters
lncome (loss)
s 39.306.950 $ 17.055.5151,159,368 132,525
40,466.318
135,0@
4s,000
24.122,274
3,610,500
24,000
868.sm
I ,053.26s
488.645
2.662,140
187.295
3,282,947
526,752
17,188,040
23.549
38,256
9.109,035
1,734,963
1.223
355.791
470,y0
196,,442
474,622
51,666
825,466
3 16,474,201
1t0,751
16,584,952
'17.167
15.417
9,324,295
1,558.813
13.415
361,874
458,952
205.6&t
471.705
17,661
'l. t 13,288
s 581,314
21.771
603,088
6.3E2
22.839
(215.2@l
176,150
(12,192)
(9,083)
11.589
(9,2211
2.917
3/t,m5
(287 ,822't
430h
110A
120h
17o/o
85%
370h
8%
5o/o
1',lo/o
450h
40o/o
18%
28.4
25o/o
00h
36%37,306,318 13.281.556
3,160,000 3.906.484
(3.160.m0) (1.580.(x)o)
$ $ 2.326..184
13.561.252 (279,696)
3,023,700 882.7U
(1,580.000)
$ 1,44.7m $ 882,784
City o, SaLm, Virginia
Wator Fund
Statomont of Oporation3
For Fivo montlE Ending Noyombor 30, 2016
Current Year
Budget
Current Year
Year to Date
Prior Year
Year to Oate
Schedule I
Variance
$ (76,881)
80,269
%of
Budget
4'.1%
26%
39%
44%
36%
19%
0%
0%
13%
58%
5r%
12%
70%
25%
6204
0%
Oporating Revenuea
Services
Other Revenue
Total Operating Revenueg
Oper.ting Erpenter
Production
Salaries ot Personnel
Fringe Benefits
Contractual S€rvices
Priniing and Binding
Advertising
Utilities
Communications
Insurance
Travel and Training
Miscellansous
Materials and Supplies
Capiial
Contingencl
Total Production Expenses
Distibution
Salaries of Personnel
Fringe Benellts
Confadual Services
Communicelions
lnsuranca
Lease/Rent of Equipment
Travel and Training
Miscellaneous
Miscellaneous Credits
Materials and Supplbs
Capital
lnterest Obligatioas
Tolal Distributon Expenses
lncorna (lo.3) 8oforc Tnn3re]!
Transfers
lncome (los3)
s 6,480,10s S 2,667,130801,323 208.687
7 ,281.428 2.872,430 3.38E
i 2,741,012
128.418
740,442
394.547
9srf.402
8,200
s00
367.000
5.000
17 ,200
9,200
45,954
197.700
255,700
155,727
542.751
290j25
863.960
4,550
10.000
2.000
4,800
1 1 .954
(240,000)
245.200
325,004
1,939,512
3,999,856
130.000
(130.000)
$-
2,875.817
327.081
140,362
176.704
'r 56.917
2,885
E,70.1
1 .136
32,276
49,917
157,714
17.672
(21 ,4E0)
(64,925)
(8s9)
(3,62)
3,376
(2,2401
'l ,546
(1.6721
580
9.833
137,559
309.409
161.863
241 ,629
899
362
'153,541
5.124
7 .156
2,808
31 .696
40.08r1
20.155-
3,151,572 1.053.713 337o
804
4AU
(91.473)
52.792
106.621
6,693
563,454
974,725
218.637
93.849
208,0E5
147
1 ,354
3.579
( 1 04.190)
57.775
29,307
3.112
78,98E
1.7
17,904
(57,928)
1 ,105
(550)
E86
12.717
(4,983)
77 ,315
3,581
220.391
1 't 1.753
'150,157
1 .252
4't%
39%
17%
28%
0%
0%
17%
3?%
38%
22%
33%
0%
14o/o 51 | ,654 51.800
1,386,050 (127.1,00\
(00,935) (7.573)
$ 1,325,116 3 (134,97.)
1 ,258,650
(68,508)
t 1,190.142
5306
Schedule J
City ot S.lom, Viroinie
Sew6r Fund
Statoment o, Operation3
For Five fonths Ending t{ovombor 30, 2016
Oporating Rsvcnuea
Services
Oth€r Rovenue
Total Op€ratjng Revenues
Openting Expens.s
Salaries ol Personnel
Fringe Benefits
Contractual Services
Printing and Binding
AdveriFing
Utilities
Communications
lnsurance
Leas€/Rent ot Equipmeni
Travel and Training
Miscellaneous
Miscellaneous Credits
Materials and Supplies
Capilal
lnterest Obligations
Bond Costs Totels
Contingencl
Tolal Op€rating Expens€s
lncomo (lo3s)
5 2,816,872
78.083
2,894,955
195,089
97,826
1 ,019.240
148
892
1 .226
1,852
5,845
908
14,339
(93,156)
24,920
693,928
36,512
E 2,E99,0e1
48.89.1
2.947 ,957
,t75.302
90,879
1,307.156
249
881
117
5,066
759
14,934
(123.660)
34,087
173,65E
57.641
Cunent Year
Budget
s 7,041,000
1.'100,938
8,141,936
522.907
334.985
3,994.855
3,000
1.000
4.000
9,050
20.100
3.000
7,800
33.907
(325.000)
78,000
1 .094.567
1,680,856
678.911
Current Year
Year lo Oate
oh ol
Budget
37%
29%
26%
5%
89%
3'.t%
20%
29%
0%
12%
42%
29%
32%
63%
2%
0%
Prior Year
Year lo Date Varianco
i (82,191)
29,189
(53.002)
19,787
6,947
(2E7,916)
148
643
345
1,705
7E0
'149
(595)
30.524
(9,167)
520,270
(21,129)
40%
7%
8,141,938 1.999.570
-!-------- s 89s,386
1,737 .078 262.491
s 1,210,879
Schedule K
City of S.lom, virginia
Srlem Civic Center
St temsnl ol Opor.tion3
For Five lonth! Ending Noyomber 30, 2016
Cunent Year Cunont YearBudget Year to Date
%ot
Budget
47%
42%
33%
26%
58%
8%
0%
101%
o%
Pflor Year
Year to Oate Variance
$ 410
(116,800)
(2.750)
(30.206)
5,453
1.086
(20,124)
427.757
(2.2fi\
s 410.0@
1,060,0@
163.278
141.000
67.500
29.285
$ 192.132
446,950
53.766
37 ,'.t87
39,195
2.383
$ 191.722
563,750
56.516
67.393
33,743
1,296
20,124
152.27'.1
229
576,9E0 580,028
500.0@
OparatlnO Rawnuca
Shows/rentals
Box office shows
Catering and concessions
Merchandise and commissions
Statc advertising
Miscellaneous income
NCAA events
Salem Farr
Blue Ridge Music Festival
Totral Operating Revenues
Oparrling Exp€nlea
Salaries of personnel
Fringe benefits
Maintonance and contraclual servtces
Printiog and binding
Advertising
Utihtres
Communications
lnsuranca
Travel and training
Miscellaneous
Show expense
NCAA expense
Farr 20'16 expense
Blue Rrdge Mu$c Festivat
Matenals and supplles
Capital
Total Operating Expenses
lncome (loaa) Bofo.e Tranairrr
Transfers
lncoma (lo33)
4.006,E09 1.735.637
(1,058.766) (383,997)
1,056,766 529.363
-9------13!!9A-
43oyo 1 .43,{..fi2 301 ,135
sovo
(345,437) (36.550)
561.835 (32.452\
t 216.396 S (71.011)
--
2,94E.043
929.537
383.595
169,040
2.5@
40.000
24€,285
24i@
17.000
15,500
60.302
1.160,@0
420.500
490.0@
46,150
1 351 640 1.089.065
471,338
15E,974
54,101
608
20,979
110,336
10.545
11.011
20.935
538,918
22,599.
14.157
262,576
(10,s47)
(10,632)
26,839
1,670
(4,541)
19,628
(447_l
(6,569)
(1.8271
(125,960)
(22,s99)
$2,n7
3.615
460,791
148,U2
80.940
2.278
16.438
130,164
10.098
4.441
19 108
412,958
432,307
17 772
5070
39%
48%
91%
41%
52%
410h
o%
29%
32%
36%
0%
o%
ooh
39%
00h
Prior Year
Y€ar to Date
Schodulo L
Vanance
Cunent Year
Budget
$ 698.578
148,500
47,000
16,000
910,078
Current Year
Year to Date
$ 242,303
30.151
21 .097
3,235
296,786
%ol
Budgel
33%
Clty of Salem, Virglnta
Sal6m Catering and Conc63ion3
St tement of Operations
For Fiv6 Months Ending t{oyembor 30, 20,t6
3506
200h
450k
20o/o
0 288,648
34,369
32,231
113,748
30.515
4.852
5.472
296
55.468
86,5s0
$ (46,34s)
(4,219',t
(1r,134)
6,155 (2.919)
361 ,403 (04,617)
225.724
90.599
12.500
1.000
13,000
850
22s
't51 .012
183.208
120,280
31,406
5,722
149
6,825
249
57.018
79,959
530k
35o/o
s%
15%
5306
29%
0'/o
38%
44%
0o/o
6,533
891
870
149
1 ,353
(47l.
1 ,550
(6,591)
Oporatang Reyenues:
Catering
Concessions
Moyer Concessions
Salem High Concessions
Total Operaling Revenues
Operating Erpensea:
Caleino
Salaries of personnel
Fringe benefits
Contractual services
Printing and binding
Laundry and Cleaning
Communications
Travel and training
Miscellaneous
Materials and supplies
Capital
Total Catering Expenses
Concessrons
Salaries of Personnel
Fringe Benefits
Miscellaneous
Materials and Supplies
Total Concessions Expenses
Mover Concessions
Salaries of P€rsonnel
Fringe Benofits
Contraclual services
Miscellaneous
Malerials and Supplies
Total Moyor Erpenses
Sa/6m H,'oh Concessions
Salaries of Personnel
Fringe Benerits
Miscellaneous
Malerials and Supplies
Total Salem Hlgh Expenses
lncome (loss)
678.118 301.607 296,901 4.706
48,069
12,591
5l,700
35,500
147,860
32.90s
10.108
2.500
6,750
14,500
66,763
10,883
3.304
300
2,850
17 .337
I
17 .575
1.871
8.744
7 ,4'18
38,608
17 ,892
4.426
1.U2
3,171
7,500
34,030
37%
39%
17%
26%
U4o/o
41%
12%
470h
52%
51%
38%
3'loh
0%
24%
?4%
18,713
5,809
11,027
7 ,737
43.286
18,527
4,818
1.U2
4,933
7 ,430
36,749
(1 ,138)
(s38)
(2,283)
(319)
(4,678)
(635)
(393)
(1 ,762)
70
4,091
1 .038
69s
8,261
2,300
(2\
1 ,384
(2,719)
(4,170)
(1,2621
2
11,943 (6.119)5.824
s Q7 ,476\
City of Setom, Virgini.
Hsalth lnrurance Fund
Statement of Ravenuo3 and Exponaes
For Five month. Ending Hoyemb.r 30, ZOt6
Currant yoat
Budgrt Ycar to D.to
t 5 2.062,579Beginning Fund Balance
Revenue
Premiums Paid - City
Premiums Paid - Schoot
Premiums Paid - Relirees
lnlerest Eamings
Miscellaneous
Total Year lo Date Revenues
Expenses
Claims
Employee H6a[h Ctinic
Consulting Services
Miscellaneous
Total Year to Oale Expenses
Ending Fund B.lance
Perc€nt
to D.to
Prlor Yrt,
Y..r to Dab
- ?zl351-
2,260.795
1,$7,A22
360..t11
3,164
Schedule M
VarLnca
t 1,336,228
(22,7911
(23,106)
5,302
3,8a6
5,633.000 2,238,W4 1oo/o4,690,000 1,814,516 39%735,000 365,713 fi%11,900 7,Ol O 59%
Oo/" ln tr^\11,069,900 e.c25.za3 40% ---4,462lE- (36,r86t
10,520.733 3.892,493 37oh 3,800,894 91,599416.547 170,91)2 41% 199.728 (28,S26)72.3W 17,596 24% 10,596 7,OOO
_=-=9,929_ 4.408 7% _1 au r 004
1 1.069.900 4.0S5399 37% ---a,o|id 70.777
J z,ao2,Qr t r,r71,761 t 1.230.332
-
lrEM # 5,4
DATE I_q.\'1
AN ORDINANCE TO AMEND, REVISE AND REORDAIN CHAPTER 34, ARTICLE I, SECTION 34-6, ARTICLE II,
sEcTtoNS 34-40,34-4L,34-42 AND SECTION 34-43-34-60, ARTICLE lll, SECTION 34-63, SUBSECTIONS
106.9, 105.10, 107.2, TABLE 302.1, 307.1, 307 .L.r,307 .2,307 .2.2,307 .2-3,307 .3, fo7 .3.L.t, 307 '4,
307.4,L ,3O7 .4.2.L,307.4.3, 307.5 AND APPENDICES PERTAINING TO FIRE PREVENTION AND
PROTECTION.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, THAT SECTION 34-5 ARTICLE I,
sEcroNs 34-40,34-47,34-42 AND SECTION 34-43 - 34-50, ARTICLE ll, SECTION 34-53, SUBSECTIONS
106.9, 106.10, 107.2 TABLE, 302.t,307 .L,307 .L.L,307 .2, 307 .2.2, 307 .2.3,307 .3,307 .3.L.r,307 .4,
3O7 .4.7.7,3O7.4.2.L,307.4.3,3O7.5, ARTICLE lll AND APPENDICE, CHAPTER 34, of The Code of the Citv of
Salem, Virginia, be amended, revised and reordained to read as follows:
Chapter 34 - FIRE PREVENTION AND PROTECTION
ARTICLE I, - GENERAL
Sec. 34-6. - Authority of fire-fighting officials.
While the fire department is in the process of answering a fire alarm or extinguishing a fire, the fire
chief or other officer in charge at that time shall have the authority to maintain order at the fire or its vicinity,
direct the actaons of the fireflghters at the fire, keep bystanders or other persons at a safe distance from the
fire and fire equipment, facilitate the speedy movement and operation of flre-fighting equipment and
firefighters and, until the arrival of a police officer, direct and control traffic, in person or by deputy, and
facilitate the movement of traffic. The fire chief or other officer in charge shall display his flrefighter's badge
or other proper means of identiflcation. Any person refusing to obey the orders of the fire chief er-his
d€pu+i€€ or other offlcer in charge at that time shall be guilty of a Class 4 misdemeanor.
ARTICLE II.. FIRE MARSHAL
Sec. 34-40. -+i€h+s-ef+h€+ire-m€+shaL- Fl RE HYDRANTS.
The eity fire marthal shall have all ether rights and auth€rities a6 provided in Chapter 3 ef Title 27 ef
th€-e€d€-€f+#g+Ria- During the site and/or construction plans review process for construction or
change in use of any building or structure, the fire official shall have the authority to require the
installation of fire hydrants, as ,re deems necessary, to have water available for firefighting
purposes prior to the use of combustible materials in construction being commenced on any floor
above the first or ground floor level. Such hydrants shall be accessible to firefighting apparatus at
the time they are installed and at all times thereafter. The fire official will determine the need for fire
hydrants based on the use and size of the structure involved and the availability of water in the area
of the properv. The number of fire hydran6, their placement and the desired flow shall be
determined by regurations estabrished from nationally recognized standards.
S€€s3Ha-3.rL6g-R€5e#€4
Sec. 3447. Authority to Take Photogtdphs.
Page 1
The fire officiat or his duly outhorized representotive is outho zed to make sketches ond toke
photographs to document conditions he obserues thot he believes ore violotions of the Ptovisions ol
this code. Subsequent to a flire, explosion, ot other emergency, photographs moy be taken os are
necessary to odequotety depict the conditions oI the PrcPerty for the purpose ol investigotion. No
percon shall prevent the lire olliciol lrom making sketches or tdking photogrophs.
Sec. 3442. Rights of the f,rc md6hdl.
The city lire marchol sholl hove olt other rights ond outhorities os provided in Chdpter 3 of Title 27
ol the Code oI Virginio.
,ec. 3443 - 34-60. ReseNed.
ARTICLE III. - FIRE PREVENTION CODE
Sec. 34-63. - Amendments.
The Virginia Statewide Fire Prevention Code is hereby amended and changed pursuant to Code of
Virginia, S 27-97, in the following respects:
706,9 Flre Hydral"ls; Add 6e6tien 106,9 ar fellewri
During the siie and/er eonGtruGtien plans review preeess fgr eonstrsGtien er ehange in use ef any
im€6
thereafter, The fire effieial will determine the n€ed fe" fire hydrants ba6ed en th6 u6e and tize ef the
their plaeement and the derired flew shall be detenFin€d by regslatiens eEtabli6l"ed frem natienally
re€egnrzed-€tanderd€-
,06, ,0
^rrthor,ty
le Iake Phetegraphsi Add seGtien 1 06,10 ar fellew6:
The fire effieial er hie duly autherized representative i6 autherized te make sketehes and take
phet6graph6 te deGument 6enditien6 he ebrerver that he believeE are vi6latien6 ef the previsiens ef
107.2 Permits Required. Aeld-table-{€7+- bllews: Delete and substitute changes to table 107,2 as
follows:
-|-able 107.2.
OPERATIONAL PERMIT REQUIREMENTS
Page 2
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does it apply to piping systems. {seeSee+ien+Sgg-6}
2. To store, handle or use Class I liquids in excess of 5 gallons (19
L) in a building or in excess of 10 gallons (37.9 L) outside of a building,
except that a permit is not required for the following:
2.7. The storage or use of Class I liquids in the fuel tank of a motor
vehicle, aircraft, motorboat, mobile power plant or mobile heating
plant, unless such storage, in the opinion on the fire official, would
cause an unsafe condition.
,, 2.2. The storage or use of paints, oils, varnishes or similar
flammable mixtures when such liquids are stored for maintenance,
painting or similar purposes for a period of not more than 30 days.
Hazardous materials. An operational permit is required to store,
ltransport on site, dispense, use or handle hazardous materials in
excess of the amounts listed below.
PERMIT AMOUNTS FOR HAZARDOUS MATERIALS
TYPE OF MATERIAL
Corrosive materials
Solids W 7,000 pounds
!ndustrial ovens. An operation permit is required for operation of
industrial ovens regulated by Chapter LL 30.
lLP-gas. An operational permit is required for:
1. Storage and use of LP-gas.
: Exception: An operational permit is not required for individual
,containers with a 500 gallon (1893 L) water capacity or less or
:multiple contoiner systems having an oggregote quontity not
,exceeding 5O0 gollons (7893 L), serving occupancies in Group R-3.
:
.eF€fi+s+ning-Bonfire. An operational permit is required for the
:kindling ef or maintaining ef+n+pe+fire o bonfireer a fire on any
Page 4
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Secs. 34-64-34-80. - Reserved.
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:
James L. Chisom -
James A. Martin -
Jane W. Johnson -
William D. Jones -
Byron Randolph Foley -
Passed:
Effective:
Mayor
ATTEST:
James E. Taliaferro ll
Clerk of Council
City of Salem, Virginia
Page 9
ITEM #.=b
ORff l-9-l'l
AN ORDINANCE enacted pursuant to the provisions of Section 15.2-2272 of the 1950 Code of
Virginia, as amended, providing for vacating a right of way in the City of Salem, Virginia.
WHEREAS, and application has been filled with the Council of the City of Salem,
Virginia pursuant to Section 15.2-2272 requesting that the area behind lots 1 , 2, 3, and 4 from
plat book 5,page21. Beginning at the point of curvature for curve C2, heading N75. 56' 30" E
for 1 54.36 feet to the unopened right of way lane, then S42" l l ' 47" E for 290.28 feet, then S47.
48' 1 3" W for 50.00 feel, then N42o l 1' 4T" W for 2lg.34 feet, and around curve C2 back to the
point of curvature, as shown in the attached drawing, an approximate area consisting of0.385
acres as shown on the drawing attached here onto and made a part hereof; and
WHEREAS, pursuant to Section | 5.2-2272 and Section 15.2-2204, the applicant in this
proceeding has caused a public notice to be published in The Roanoke Times, a newspaper
published and having general circulation in the City ofRoanoke and City of Salem, Virginia,
such publication having been made twice, with at least six days elapsing between the first and
second publication, to-wit; on November 28,2016 and December 5, 2016 and such notice
specified the time and place of hearing to-wit: December 12,2016 at 7:30 p.m. in the Council
Chambers of the City of Salem, at which time persons affected may appear and present their
views, all of which is shown by a Certificate of Publication executed by The Roanoke Times and
filed with the papers in their proceeding; and
WHEREAS, a proper notice has been given to the land proprietors affected by the
closing; and
WHEREAS, the Council, after considering the evidence submitted, is of the opinion that
vacating and closing portions of the right ofway described above will not abridge or desEoy any
ofthe rights and privileges ofany person, and that no inconvenience would result to anyone
therefrom, and it is further of the opinion that the request ofthe applicant should be granted;
NOW, THEREFORE, BE IT ORDANED BY THE COLTNCIL OF THE CITY OF SALEM,
VIRGINIA, that a right of way vacation shall be the area behind lots 1, 2, 3, and 4 from plat
book 5, page 21. Beginning at the point of curvature for curve C2, heading N75" 56' 30" E for
1 54.3 6 leet to the unopened right of way lane, then S42' 1 1 ' 47" E for 290.28 feet, then S47" 48'
13" W for 50.00 feel, then N42' I 1 ' 47" W for 219.34 feet, and around curve C2 back to the
point of curvature, as shown in the attached drawing, an approximate area consisting of0.385
acres. The area is to be permanently vacated, discontinued, and closed as provided by Section
15.2-2272 of the 1950 Code of Virginia, as amended to date; subject to the following condition:
The City will retain a Public Utility Easement.
BE IT FURTHER ORDAINED BY THE COLINCIL OF THE CITY OF SALEM,
VIRGINIA, that a certified copy of this ordinance be delivered to the Clerk of the Circuit Court
ofthe City of Salem, Virginia, for recordation therein, and to the City Engineer of the City of
Salem, Virginia, make appropriate notice ofvacation herein approved on the maps and other
documents in his office.
All ordinances or parts of ordinances in conflict with the provisions of this ordinance be and the
same 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:
James L. Chisom -
James A. Martin -
William D. Jones -
Jane W. Johnson -
Byron Randolph Foley -
Passed:
Effective:
Mavor
ATTEST:
James E. Taliaferro, II
Clerk of Council, City of Salem, Virginia
COORDINATE LIST
#NORTHING EASTING
L ro,o@.7274 50,242.5722
2 LO,188.7262 50,762.69L3
3 10,190.9853 5L,O70.L775
o RIGHT OF
AREA TO
VACATED
0.585 AC
WAY
BE
---1a in"ff/,{y)W 69
stt
rCR
or
e#r
l-51.540, R-25.000&rlA.t:too
PB 5 PC 21
ORIGINAL PLAT
SALTN/ WOCDS
Scale: 1"=100'
otot T"t-*9[
9. "4,\t' Lor 2
-.Aa o otu ot
*r, * .oglE
9+ Lor 3
!,- tot c i"\b- o.+ss lc iir.\"6 /
City of Salem
Engineering and
Building lnspections
Department
21 South Bruffey St.
Salem, VA 24153
(540)37s-3032
Drawn By: JLP
Checked By: WLS
Date. 0110312017
Drawing Name:
PENGUIN LANE
P.)\A/ \/Ar]ATIr)N
Scale: 1" = 100'
Revisions: -
Sheet No: 1/'l
-4't
@
100 300
Memorandum
::, ;il,)/(
CC: Kevin Boggess
DATE: january 3,2017
SUBJECT: Penguin Lane Vacation Request
It the December t2,2OL6 meeting, City Council held a public hearing and appointed viewers to review
the request of Barbara Booker for vacating the unopened portion of Penguin Lane. On December 22nd,
the viewers (Howard Packet, Bill Shepherd and Joe Yates) met to review the request. After discussion,
the viewers do not see an inconvenience and recommend vacating the right-of-way to City Council.
However, the viewers did recommend to Ms. Booker that she consider amending her request to only
include the portion behind the lots that front on Mountainview Avenue. lf Ms. Booker decides to
develop the remaining 9.6 acres that she owns then she may want access to Penguin Lane for that
development.
City staff met with Ms. Booker and relayed the comments from the meeting with the viewers. Ms.
Booker has amended her request to include only the portion of right-of-way behind the four
Mountainview properties. (Please see the new drawing included in the meeting packet).
We checked with Steve regarding the changing of the request. As long as an amendment to the initial
request is less than the advertised request, then request can be changed.
lf you have any questions or concerns, please give me a call.
IIEM# 6A
DAII
NOTICE OF PUBLIC HEARING
Notice is hereby given to all interested persons that the Council of the City ofSalem, at its regular meeting on Janua ry 9,2017, at 7:30 p.m., in Council Chambers of
the City Hall, 114 North Broad Street, inthe City of Salem, Virginia, wifi hotd a pubtic
hearing to consider the sale of the property loc;ted at g West i,lain Street, Salem,
Virginia, Tax Map # 122-6-8, consisting of .36 acres.
Questions concerning the proposed sale may be addressed to the office of the
City Manager, City Hall, 1'14 North Broad Street, Satem, Virginia, at 540-375-3016. At
said hearing, pa(ies in interest and citizens shall have an opportunity to be heard
relative to the said request.
THE COUNCIL OF THE
CITY OF SALEM, VIRGINIA
James E. Taliaferro, ll
Clerk of Salem City Council
Please publish in the December 29, 2016, issue of the 'Salem Times Registed'.
BILL CREDIT CARD ON FILE AND EMAIL RECEIPT TO:
Crystal LaBrie at cllabrie@salemva.qov
CITY OF SALEM
P. O. BOX 869
SALEM, VA 24153-0869.
:_9- t'1
ITEM #GB
DATE t-q- \'1
PERFORMAIICE AGREEMENT
THISPERFoRMANCEAGREEMENT(the..Agreement,,)isdatedthis.dayof
2016, by and among the CITY OF SALEM, VIRGINIA' a Municipal
-.p-*aio, o.ganized and existing under the laws of the Commonwealth of Virginia (the
-Ciiy,,), 231 -cnosrxur sTRiET, LLC, a virginia limited liability company (the
"Deveioper";, and the ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF
SALEM, VIRGINIA, an Economic Development Authority organized and existing under the
laws of the Commonwealth of Virginia ("EDA").
RECITALS
WHEREAS, the Developer has entered into a contract with SSM Properties, LLC to
purchase the Chestnut Manor Apartments (the "Apartments") described as City of Salem Tax
Map #'s 144-1-4 and 144-1-5 (the "Property"); and
WHEREAS, the Developer will acquire, renovate and redevelop the Apartments and
shall invest at least $1.9 million in such renovation and redevelopment in accordance with the
Application ofthe Developer attached hereto and made a part hereof (the "Project"); and
WHEREAS, the City has agreed to provide funds to EDA so that EDA may provide a
grant to Developer for certain costs incurred by Developer in renovating and redeveloping the
Apartments in an amount, not to exceed $350,000.00 and to rebate certain increases in real estate
taxes resulting from the renovation and redevelopment ofthe Apartments; and
WHEREAS, as a further incentive to the Developer, the City has agreed to waive
connection fees for water, sewer and electric and further to waive all building permit and site
plan review fees ofthe Developer on the Project; and
WHEREAS, the City and EDA have determined that:
1. The Project will promote economic development within the City; and
2. The Project will produce additional tax revenues, services and benefits to the
citizens ofthe City;
WHEREAS, EDA, based upon the undertakings of the Developer, has determined to
make an economic development grant to Developer and to rebate certain increases in real estate
taxes resulting from such renovation and redevelopment from funds to be provided to EDA by
the City; and
WHEREAS, the parties wish to reduce in writing the understandings of the parties in this
matter; and
(0005284r-l )
yHEREAS, Developer is willing to perform its obligations in accordance with this
Agreement.
NOW, THEREFORE, the parties agree that the above Recitals are hereby incorporated
into and made a part of this Agreement, and for and in consideration of the mutual covenants and
conditions set forth herein, and for other good and valuable consideration, the receipt and
sufficiency of which the parties hereto acknowledge, Developer, the City, and EDA agree as
follows:
SECTION 1. EDA ECONOMIC DEVELOPMENT GRANT AND WAIVER OF PERMIT
FEES.
1.1 Subject to the conditions contained in this Agreement, EDA will make three grant
payments ("EDA Grant") to Developer and, further, a sum sufficient to rebate the difference in
real estate taxes resulting from such renovation and redevelopment of the Apartments in
accordance with the provisions of Section 2 herein.
1.2 The obligations of the City to provide funds to EDA and EDA to make the EDA
Grant payments and tax rebates are expressly subject to Developer's acquisition of the
Apartrnents and expenditure of funds to renovate and redevelop the Apartments in accordance
with the Appiication Request ofthe Developer attached hereto and made a part hereof.
1.3 The EDA, with funding from the City will rebate to the Developer a sum equal to
the difference in real estate taxes resulting from such renovation and redevelopment of the
Apartments (improved value minus the 2016 assessment), for a period of 5 years. This rebate is
likewise subject to the Developer's acquisition of the Apartments and expenditure of funds to
renovate the Apartments in accordance with the Application/Request of the Developer attached
hereto and made a part hereof.
1.4 The City shall waive the Developer's connection fees for water, sewer and
electric utilities and further waives fees for building permits and site plan review for the Project.
SECTION 2. DISTRIBUTION OF GRANT,
2.1 In accordance with Section 2.2 hereof, EDA shall make the EDA Grant to
Developer in three (3) installments upon written confirmation, to the satisfaction of EDA, of the
following:
(D Receipt of funds by EDA from the City sufficient to fund the EDA Grant,
without conditions, and
(iD Receipt ofa completed and executed request (a "Request") which Request
includes the Certifications ofDeveloper as to expenditures made on the Project; and
{00052841-l }
(iiD For purposes ofthis EDA Grant, the parties agree as follows:
(a) On or about June 1,2017, Developer shall submit its first Request
for the sum of One Hundred Thousand and 00/100 Dollars ($100,000.00) from EDA of which
time Developer shall certify (1) that Developer has expended at least Two Hundred Fifty
Thousand and 00/100 Dollars ($250,000.00) in costs in renovating and redeveloping the
Apartments; and (2) Developer is in compliance with the terms and conditions of this Agreement
as of the date of the first request. This certification shall be accompanied by the written dated
statement of the general contractor for Developer that indicates the aggregate amount ofthe total
costs of the renovation and redevelopment of the Apartments, the aggregate dollar amount of
request for payment submitted by the general contractor, subcontractors and suppliers and the
aggregate dollar amount paid to the general contractor, subcontractors and suppliers, as of the
date of the statement.
(b) On or about August 31, 2017, Developer shall submit its second
Request for the sum of up to One Hundred Twenty-Five Thousand and 00/100 Dollars
($125,000.00) from EDA at which time Developer shall (1) certifu that Developer has expended
at least $1 million in costs in constructing the Apartments; and (2) Developer is in compliance
with the terms and conditions of this Agreement as of the date of the second Request. This
certification shall be accompanied by a written dated statement ofthe general contractor for the
Developer that indicates the aggregate amount of the total costs of construction of the
Apartments, the aggegate dollar amount of requests for payment submitted by the general
contractor, subcontractors, and suppliers, and the aggregate amount paid to the general
contractor, subconfactors, and suppliers as of the date ofthe statement.
(c) On July 31, 2018, Developer shall submit its third Request for the
sum of One Hundred Twenty-Five Thousand and 00/100 Dollars ($125,000.00) from EDA at
which time Developer shall certifi, (1) that Developer has expended at least $1.9 million in costs
in renovating and redeveloping the Apartments; and (2) Developer is in compliance with the
terms and conditions of this Agreement as of the date of the third Request. This certification
shall be accompanied by either (a) the written dated statement ofthe architect for Developer that
certifies that construction of the Apartments is substantially complete, or (b) a copy of the final
certificate of occupancy issued by the City Department of Community Development.
(d) Developer may submit Requests for the difference in real estate
taxes resulting from the renovation and redevelopment of the Apartrnents (improved value minus
the 2016 assessment), for a period of5 years. The tax rebates will be payable by December 31't
of each year by the EDA beginning with calendar year 2018 and continuing for calendar years
20 1 9, 2020, 2021, and, 2022.
2.2 A Request shall include the certifications of Developer as applicable and
as aforesaid. Upon receipt of a Request, written approval by EDA and the City, EDA will
distribute the EDA Grant and real estate tax rebate set forth in the Request within ten (10)
business days. Under no circumstances shall the EDA Grant or real estate tax rebate be a general
obligation of EDA. The obligations of EDA shall be limited solely to funds received from City
pursuant to this Agreement.
{000s284r -r }
2.3 EDA may disapprove a Request which is not in accordance with the terms
of this Agreement and require a revised Request be submitted. In this event, EDA shall provide
written notice to Developer stating the basis for disapproval and any defect in the Request and
specifying the required additional information. Developer shall submit the revised or
resubmitted Request within 30 days of receipt of the disapproval and upon approval by EDA,
EDA shall distribute the portion of the EDA Grant and/or real estate tax rebate set forth in the
Request.
2.4 In the event that Developer (1) fails to submit all Requests in a timely
manner as provided herein, or, (2) if any of the Requests are not approved by EDA, and
Developer fails to submit a revised Request which complies with the provisions of this
Agreement in a timely manner, or (3) fails to meet the renovation and redevelopment investment
threshold requirements as provided in Section 2.1, then all obligations of the City and EDA
under this Agreement shall terminate and neither the City nor EDA shall have any obligation to
fund, distribute, or provide any outstanding part ofthe Grant to the Developer.
2.5 EDA agrees to deposit funds received from the City pursuant to this
Agreement into the investment account of EDA and such deposit shall be designated for and
limited to this Agreement. However, if the EDA does not pay all such funds to Developer in
accordance with this Agreement, EDA will retum any remaining funds to the City within 30 days
of any City request.
SECTION3. COOPERATION.
Each party agrees to cooperate with the other in a reasonable manner to carry out the
intent and purpose of this Agreement.
SECTION 4. RESPONSIBILITIES OF THE PARTIES.
The parties to this Agreement will be responsible for the actions, or omissions of its
officers, employees, and agents acting within the scope of their employment in connection with
the Project, the Property, and the activities provided for in this Agreement to the extent permitted
by law, but nothing contained herein shall be construed as a waiver of the immunity defenses
available and afforded to the City and/or EDA.
SECTION 5. COMPLIANCE WITH LAWS. REGULATIONS. AI{D
IMMIGRATIONLAW.
Developer agrees to and shall comply with all applicable federal, state, and local laws,
ordinances, and regulations. Developer further agrees that Developer does not, and shall not
during the performance of this Agreement knowingly employ an unauthorized alien as defined in
the federal immigration Reform and Control Act of 1986.
SECTION 6. NONWAIVER.
{000s2841-l }
Each party agrees that any party's waiver or failure to enforce or require performance of
any term or condition of this Agreement or any party's waiver of any particular breach of this
Agreement by the other party extends to that instance only. Such waiver or failure is not and
shall not be a waiver ofany of the terms or conditions ofthis Agreement or a waiver ofany other
breach of the Agreement by any party and does not bar the nondefaulting party from requiring
the defaulting party to comply with all the terms and conditions of this Agreement and does not
bar the nondefaulting party from asserting any and all rights and,/or remedies it has or might have
against the defaulting party under this Agreement or by law.
SECTION 7. FORUM SELECTION. CHOICE OF LAW. AND DISPUTES.
This Agreement shall be govemed, interpreted, and construed under the substantive laws
of the Commonwealth of Virginia, and any cause of action regarding the rights and duties of the
parties must be brought in the Circuit Court or General District Court for the City of Salem,
Virginia. This Agreement is not subject to the conflict of laws provisions of the Commonwealth
of Virginia, and ali claims, disputes, and other matters shall be decided only by such court
according to the laws of the Commonwealth of Virginia as aforesaid. The parties further waive
and agree not to assert in any such action, suit or proceeding, that such party is not personally
subject to the jurisdiction of such courts, that the action, suit or proceeding, is brought in an
inconvenient forum or that the venue ofthe action, suit or proceeding is improper.
SECTION 8. SEVERABILITY.
If any provision of this Agreement, or the application of any provision hereof to a
particular entity or circumstance, shall be held to be invalid or unenforceable by a court of
competent jurisdiction, the remaining provisions of this Agreement shall not be affected and all
other terms and conditions of this Agreement shall be valid and enforceable to the fullest extent
permitted by law.
SECTION 9. FAITH BASED ORGANIZATIONS.
Pursuant to Virginia Code Section 2.2-4343.1, be advised that the City does not
discriminate against faith-based organizations.
SECTION IO. ASSIGNMENT.
Developer shall not assign or transfer any part ofthis Agreement to any party without the
prior written consent of the City, which the City may grant or withhold in its sole discretion. A
change in the membership ownership of Developer shall not constitute an assignment provided
that the controlling equity interest in the Developer remains to be held by Mechanical
Development Company, Inc.
SECTION 11. SUCCESSORS AND ASSIGNS.
{00052841-r }
The terms, conditions, provisions, and undertakings of this Agreement shall be binding
upon and inure to t}le benefit oi each ofthe parties and their respective successors and permitted
assigns.
SECTION 12. FORCE MAJEURE.
A delay in, or failure of, performance by any party, shall not constitute a default, nor shall
the Developer, EDA, or the city be held liable for loss or damage, or be in breach of this
Agreement, if and to the extent that such delay, failure, loss, or damage is caused by an
occrurence beyond the reasonable control of such party, and its agent, employees, contractors,
subcontractors, and consultants, including results from Acts of God or the public enemy,
compliance with any order or request of any govemmental authority or person authorized to act
therefore, acts of declared or undeclared war, public disorders, rebellion, sabotage, revolution,
earthquake, floods, riots, strikes, labor or equipment difficulties, delays in transportation,
inability to obtain necessary materials or equipment or permits due to existing or future laws,
rules or regulations of govemmental authorities or any other causes, whether direct or indirect,
and which by the exercise of reasonable diligence said party is unable to prevent. For purposes
of this Agreement any one delay caused by any such occurrence shall not be deemed to last
longer than six (6) months and the party claiming delay caused by any and all such occurrences
shall give the other party w tten notice ofthe same within 30 days after the date such claiming
party leams ofor reasonably should have known ofsuch occrurence. Notwithstanding anlthing
else set forth above, after a total of nine (9) months of delays of any type have been claimed by a
party as being subject to force majeure, no further delays or claims of any type shall be claimed
by such party as being subject to force majeure and/or being an excusabie delay.
SECTION I3. HEADINGS.
The captions and headings in this Agreement are for convenience and references
purposes only and shall not affect in any way the meaning and interpretation of this Agreement.
SECTION 14. COUNTERPART COPIES.
This Agreement may be executed in any number of counterpart copies, each of which
shall be deemed an original, but all of which together shall constitute a single instrument.
SECTION 15. AUTHORITY TO SIGN.
The persons who have executed this Agreement on behalf of the parties represent and
warrant they are duly authodzed to execute this Agreement on behalf of their respective entities.
SECTION 16. NOTICES.
All notices hereunder must be in writing and shall be deemed validly given if sent by
certified mail, retum receipt requested, or by a nationally recognized ovemight courier,
addressed as follows (or any other address the party to be notified may have designated to the
sender by like notice):
{0005284r-r }
If to City:City of Salem, Virginia
Aun: City Manager
Salem City Hall
114 N. Broad Street
Salem, Y A 24153
Fax No. 375-4109
City of Salem, Virginia
Attn: Economic Development Director
I l4 N. Broad Street
Salem, Y A 24153
Fax No. 375-4109
Chair, Economic Development Authority
Of the City of Salem, Virginia
c/o Salem City Department of Economic
Development
114 N. Broad Street
Salem, Y A 24153
Fax No. 375-4109
Stephen M. Yost, Esquire
OPN Law
P.O. Box 279
Salem, Y A 24153
Fax No. 540-389-9560
231 Chestnut Street, LLC
c/o Mechanical Development Company, Inc.
303 Apperson Drive
Salem, Y A 24153
Fax No. 540-389-0346
With a copy to:
If tO EDA:
With a copy to:
If to Developer:
SECTION 17. NONDISCRIMINATION.
During the term of this Agreement, Developer agrees as follows:
A. Developer shall not discriminate against any employee or applicant for
employment because of race, religion, color, sex, national origin, age, disability, or any other
basis prohibited by state law relating to discrimination in employment, except where there is a
bona fide occupational qualification reasonably necessary to the normal operation of Developer.
Developer agrees to post in conspicuous places, available to employees and applicant for
employment, notices setting forth the provisions of this nondiscrimination clause.
{00052841-1 )
B Developer in all solicitations or advertisements for employees placed by or on
behalf of Developer shall state Developer is an equal oppornrnity employer.
C. Notices, advertisements, and solicitations placed in accordance with federal law,
rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this
section.
This Agreement is or may be subject to funding and/or appropriations from federal, state,
and/or local governments and/or agencies and,/or from the council of the city of Salem. If any
such funding is not provided, withdrawn, or otherwise not made available for this Agreement,
with the result that the City is unable to perform its obligations hereunder, the City shall give
written notice to Developer of such unavailability of funding.
SECTION 19. COMPLIANCE WITH STATE LAW. FOREIGN AND DOMESTIC
BUSINESSES AUTHORIZED TO TRANSACT BUSINESS IN THE
COMMONWEALTH OF VIRGINIA.
Developer shall comply with the provisions of Virginia Code Section 2.2-4311.2, as
amended, which provides that a contractor organized as a stock or nonstock corporation, limited
liability company, business trust, or limited partnership or registered as a registered limited
liability partnership, shall be authorized to transact business in the Commonwealth as a domestic
or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law,
Developer shall not allow its existence to lapse or its certificate of authority or registration to
transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked
or cancelled at any time during the term of the contract or agreement. The City or EDA may
void this Agreement if Developer fails to remain in compliance with the provisions of this
section. However, the City and EDA agee that Developer may cure this matter 30 days after
notice.
SECTION 20. DRAFTING OF THE EDA CONSTRUCTION GRANT AGREEMENT.
The provisions of this Agreement shall not be construed in favor of or against either
party, but shall be construed according to their fair meaning as if all parties jointly prepared this
Agreement.
SECTION 21. REPORTS TO EDA AND THE CITY,
The City, EDA, and Developer shall maintain all books, records, and other documents
relating to this Agreement for a period offive (5) years after the end of each fiscal year included
in this Agreement. The City, EDA, and Developer, and their authorized employees, agents,
and,/or representatives, shall have reasonable access to and the right to examine, copy, and/or
audit any of such materials of the other parties during the term of this Agreement and,/or
retention period in connection with this Agreement.
{000s2841-l }
SECTION 22. ENTIRE AGREEMENT.
This Agreement, together with any exhibits, attachments, and referenced items,
constitutes the entire agreement of the parties and supersedes all prior agreements between the
parties. No amendment to this Agreement shall be valid unless made in writing and signed by
the appropriate parties.
IN WITNESS WHEREOF, the City, EDA, and Developer have executed this Agreement by their
authorized representatives.
CITY OF SALEM, VIRGINIA
By:
Kevin Boggess, City Manager
Approved as to form:
By
Stephen M. Yost, City Attorney
ECONOMIC DEVELOPMENT AUTHOzuTY
OF THE CITY OF SALEM, VIRGINIA
By:
Chairman
Approved as to form:
By:
Attorney for EDA
231 CHESTNUT STREET, LLC
By:
STATE OF VIRGINIA
Its:
: to-wit:
{00052841-l }
CITY/COLINTY OF
The forgoing was acknowledged before me this _ day of
Kevin S. Boggess, City Manager of the City of Salem, Virginia.
Notary Public
My commission expires:
Notary Registration No. :
STATE OF VIRGINIA :
: to-wit:
CITY/COLINTY OF :
20-,by
The forgoing was acknowledged before me this _ day of ,20-,by
Chairman of the Economic Development Authority of the City of
Salem, Virginia.
Notary Public
My commission expires:
Notary Registration No. :
STATE OF VIRGINIA
CITY/COUNTY OF
: to-wit:
The forgoing was acknowledged before me this _ day of
, of 231 Chestnut Street, LLC.
Notary Public
.,20-,bY
My commission expires:
Notary Registration No. :
{00052841-l )
ExhibitA
To
Perl'ormance Agreement
Repair, renovation and redevelopment exp€nditures necessary to retum the apartnent complex
located at 231 Chestrut Steet, Salem, Virginia 24153 to desirable housing for the citizens of the
City through the utilization of the economic development grant, waiver of utility corurection,
building perrrit and site plan review fees and rebate ofcertain increases in real estate taxes.
Apartment complex renovation expenditures:
f,xterior
Parking
Roofing
Grounds Clean-up
Exterior lighting
Dumpster
Fencing
Sidewalk Repair
Gutters
Sire Utilitieysite Work
Interior
General Conditions
lnsurance
A&E Fees
Asbestos Test
Demolition
Masonry Cleaning
Handrails
Rough Carpenty
Casework
Finish Carpentry
Caulking/Sealing
Fire Stopping
lnterior Doors
Garage Doors
Drywall
Floor Covering
Painting
Plaster Patching
Signage
Bath Accessories
Fire Extinguishers
$118,950.00
$149,928.00
$14,200.00
$50,000.00
$7,847.00
$4,200.00
$40,937.00
$14,126.00
$40,000.00
I
$139,521.00
$s,s00.00
$78,000.00
$5,000.00
$83,662.00
$10,000.00
$9,424.00
$37,018.00
$127,100.00
$26,974.00
$10,000.00
$20,000.00
$45,567.00
$10,000.00
$61,000.00
$85,500.00
$42,000.00
$100,000.00
$s,000.00
$10,231.00
$11,690.00
DRAFT
DRAFT
NewAppliances
Plumbing Upgrade
IIVAC Replacement
Electrical Upgrade
GC Fee
Total
$72,841.00
$167,600.00
$300,000.00
$239,500.00
$144,863.00
$2,288,179.00
ffEM#-GC
DATE [- q^ 11
AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 106, pertaining to
the addition of Section 106-213 Community Business District (CBD) and additional
amendments including: Article II District Regulations, Sections 106-200.2.(AXl), Section
106-210.2.(A)(3), (AX5), (AX7) & (BX3), Section 106-212.2.(BX3) & (BX5), Section 106-
214.2.(B)(4), Section 106-218.2.(BX6), and Section 106-220.2.(BX6), Article III Use and
Design Standards, Section 106-306.5.(B)(l-2), Section 106-310.21.(AX1-2), Section 106-
312.5.(AX1), Section 106-314.2.(A), (BXl-3), (CX1-5), (DX1-7), and Section 106-314.5.(F)
& (R), Article IV Development Standards, Section 106-400.(AX6), Section 106-402.3. Table
1, Section 106-404.11.(B), (C), & (D), Section 106-404.17.(A), (E), & (F), Section 106-
406.25.(A-D), Anicle V Administration, Section 106-528.1.(B) & (C), and Section 106-
528.9., Article VI Definitions and Use Types, Section 106-602.1., Section 106-602.9.,
Section 106-602.11., and Sec. 106-602.13 pertaining to agritourism; educational facilities,
college/university; microdistilleries; mixed use structures; office use types, short-term lender;
distilleries; mixed use; buffer yards; towers; site development regulations; on-site storage and
temporary mobile storage containers; Board of Zoning Appeals; and definitions and use types.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, thAt
Chapter 106, of The Code of the City of Salem, Virginia, Section 106-213 Community Business
District (CBD) and additional amendments including: Article II District Regulations, Sections
t06-200.2.(AX1), Section 106-210.2.(A)(3), (A)(s), (A)(7) & (B)(3), Section 106-212.2.(B)(3) &
(BX5), Section 106-214.2.(BX4), Section 106-218.2.(8)(6), and Section 106-220.2.(BX6), Article
III Use and Design Standards, Section 106-306.5.(BXl-2), Section 106-310.21.(A)(l-2), Section
106-312.5.(AX1), Section 106-314.2.(A), (B)(1-3), (CX1-5), (DXl-7), and Section 106-314.5.(F)
& (R), Article IV Development Standards, Section 106-400.(AX6), Section 106-4023. Table l,
Section 106-404.11.(B), (C), & (D), Section 106-404.17.(A), (E), & (F), Section 106-406.25.(A-
D), Article V Administration, Section 106-528.1.(B) & (C), and Section 106-528.9., Article VI
Definitions and Use Types, Section 106-602.1., Section 106-602.9., Section 106-602.1 1., and Sec.
106-602.13, be amended, revised, and reordained to read as follows:
CHAPTER 106
ARTICI-E, II DISTRIST REGUI.{TIONS
SECTION 106-200 AGRICULTURE DISTRICT
Sec. 106-200.2. - Permiued uses.
(A) Tlte following uscs arc pcmrittc<l by riglrt in the AG AgT icultural District, subjcc[ to all ot]rcr
applicable requirctncnts containc<l in this chapter. An asterisk (.) indicatcs that thc use is
subject to addition:rl, nrodilic<l or nrorc stringcnt standards as listcd in Articlc III, llsc zurd
Design Standards
1. Agricultural ( Isc Tjpcs
Agriculturc -
Agritourism
Farrn Stand .
Forestry ()pcration
ARTICT,E II DISTRICT REGUIATIONS
SESTION 106-210 DOWNTOWN BUSINESS DISTRISI.
Sec. 106-210.2. - Permited uses.
(A) Thc fbllowing uses arc pennitted by right in the DBD Downtorvn Busincss District,
subjcct to all other applicablc requiremcnts contained in tlils chapter. An asterisk (.) indicates
thal the use is subject to additionirl, rnodilied or morc stringent standards as listed in Article III,
[ise and Design Standards
3. Ciuic [Ise Tlpes
Assistcd Carc Residencc
Clubs
Educational Facilities, College/University'
Guidance Serviccs
Iife Care Facility
Nursing Home
Post OIfice
Public Parks and Recreation Areas
Religious Assembly
Safety.Scrviccs
5. Conunercial [.lsc TWes
Antique Shops
Automobile Parts/Supply, Retail
Busincss or Trade School
Busincss Support" Services
Commercial Indoor Entert airunenL
Corrununication Serviccs
Consurner Repair Services
Convenience Storc
f)ay Care Center *
Funcrzrl Services
Homcstay Inn *
HotcVMotel/Motor Lodgc
Microbrewery-
Microdistillery.
Pawn Shop
Personal Intprovement Services
Personal Services
Restaurant
Retail Sales
Studio, Fine Art^s
Veterinary HospitafClinic
7. Miscellancous ( Ise Typcs
MixedLlse S+rueture *
tJtility Service, Minor
(B) Thc folkrwing uses arc permitted bl,special exception in t}e DBD Downtown Business
District, subject to all other applicable requirements contained in this chapter. An asterisk (")
indicates that the use is subject to additional, modified or morc stringent standards as listed in
Article III, [-lsc iurd Design Standards
ll. Ciuic []se I'ypes
Administrative Services
Correction Facilities
Crises Ccntcr
Cultural Serviccs
Educational Facilities, Primary/Secondarl,
Hallway House
Public Asscmbly
Public Maintenance and Senice Facilities
SECTION IOGzIz TRANSMONAL BUSINESS DISTRISI.
Sec. 106-212.1. - Statement of intcnt.
The TBD'fransitional Busincss District has been created in recognition that there are
commcrcial areas ncar downtown Salem tlnt exlilbit patterns of development similar, but less
intensive than, tlte Downtown Business District.'fhesc arcas are suitable for futurc dorvntolrm-rype
uses and devclopment patterns. 'fhe Transitional Busincss District allows a mixture of professional
offices, Iinancial services, govcrruncnt functions and specialty retail. IJpper floor residential uses
similarly arc cncouraged. Automobile rclatcd uses arc limited in thc district. Overall, setbacks and
development standards arc designcd to allow a downtown urban character
Sec. 106-212.2. - Permitted uses.
(B) The following uscs arc permitted by special exception in the 'l'BD Transitional Business
District, subjecl to all other applicable requirements contained in t]ris chapter. An asterisk (.)
indicatcs that thc use is subject to additional, modilied or more stringent standards as listed in
Article III, [Jse and Dcsign Standards
3. Ciuic []se 7-1pes
Admini strative S crvice s
Correction Facilities
Crises Center
Cultural Services
Educational Facilities, Primary/Secondary
Halfway House
Public Assembly
Public Maintenance and Servicc Facilitics
5. C.ontmercial Ilsc'ftpes
Assembll'Hall
Comnrcrcial In<loor Amusement
Hospiral
Microbrewcry-
Microdistillery.
SESTION 106-213 COMMUNITY BUSINESS DISTRIST
Sec. 106-213.1. Statement of intent
The CBD Community Business District has bccn crcated to allow a variety of commercial
and service use s [o coexist with residcnces in a transitional, mixcd-use environment. This district
provides development standards for uses wlich are morc intcnsive than Residential Business (RB)
Districts, but less intensivc th:ur Highway Business District (HBD). CBD districts are tlpically
transitional areas, olicn corridors, on the edges behveen commcrcial and residential zones.
Sec. 106-213.2. Permiued uses.
(A) 'fhe following uses arc permittcd by riglrt in the CBD Community Business District, subject
to all otlter applicable requircmcnts contained in this chapter. An asterisk (.) indicates that the use
is subject to additional, rnodifie<l or more stringent standards as listed in Article III, [Ise and
Dcsign Standards
1. Agricultural [.lsc l'Wcs
(Nonc)
Residential [/se Tlpes
Home Occupation-
Manufactured Homc, l)mergcncy .
Ciuic Use T1,pes
Cultural Serviccs
Guidance Serviccs
Public Parks and Rccrcation Areas
Religious Asscmbly
OIIice [Ise'fJpcs
Financial Institutions
General Ofhccs
Medical Officcs
Commercial Use l-Spcs
Antique Shops
Busincss Support Scrvices
Consumer Repair Serviccs
Convenience Storc
Day Care Center .
5.
Homestay Inn .
Laundry
Personal Improvemcnt Sen.ices
Pcrsonal Serviccs
Rcstaurant
Rctail Salcs
Studio, Fine Arts
6. Industrial [Isc 7'1pes
(None)
7. Misccllaneous IIse 717tcs
Mixcd flse.
(B) 'Ihe following uses arc permitted by special exccption in thc CBD Cornmunity Business
District, subjcct to all other applicable rcquiremenls containcd in this chapter. An asterisk (.)
indicates that thc usc is subject to additional, modified or more stringent standards as listed in
Articlc III, Use and Design Standards
1. Agriculmral [.lse TWes
(Nonc)
2. Residcntial [.lse l-Wcs
Family Day Care Homc*
Rcsidcntial Human Carc Facility
Single Family Dwelling, Attachcd
Single Farnily Dwelling, Detached
T<>vrmhouse.
3. Ciuic [Isc Tytes
Clubs
Educational Facilities, Primary/Secondar,,
Post ()fficc
4. Ollice Usc 7-1pcs
(Nonc)
5. Conunerc'ial IIsc Tgtes
Assembly Hall
Gasoline Station
Kcnncl, Commcrcial
Microbrewery*
Vcterinary HospitafClinic
6. Industrial Use I'ypes
(Nonc)
7. Misccllaneous [Jse 7'1pcs
Amateur Radio Towcr
Ouldoor Gathcring.
Sec. 1 06-2 1 3.3. Site development regulations.
'l'he following:re general dcvelopmcnt standards for thc CBD Communiry Business
District. For additional, modified or more stringent standards sce Articlc III, flse and Design
Standards.
(A) Minimum Lot Requirentents.
1. Area: 7,200 squarc lbet
2. Frontage: 60 feet on a public street
(B) Minimun Setback Requirements.
1. Principal Structurc:
Front Yard: 30 fcet from street centerlinc
Side Yard: No Minirnum
Rear Yard: No Minimum
2. Acccssory Structures:
Fronl- Yard: Behind the rear building line of the principal structure.
Outdoor dining:rcas may be located in the front yard area, provided they
are properly scrcened liom adjoining residcntial property.
Side Yard: Five Feet.
Rear Yard: Five Fce[
(C) Maxintunt Height ol'Structures.
1. Principal Structures:45 feet
2. Accessory Structures: lrss than heiglrt o[ principal stucture.
(D) Mzvintunt Building Sizc.
l. Principal Structurcs: No Maximum
2. Acccssory Structures: 30 percent of rear yard area. Acccssory structures larger than
1,000 square fleet shall rcquire a special exception permit in accordance with section 106-
524 of this clnpter.
(D ()tJrcr Rcquirenrcnts.
1. Drive-tlroug'h facilities in which a person, who remains in a rnotor vehicle, conducts
business or exchanges tlrrough a window or cxtcrior opening in a structure shall require
a special exception permit in accordance with section L06-524 of tlis chapter.
2. Residential Uses shall conform to thc sitc development regulations of RB, Residential
Business Districl".
Sec. 106-214.2. - Permitted uses.
(B) Thc following uscs are permitted by special exception in the HBD Highway Business
Disffict, subject to all other applicable requirements contained in tlils chapter. An asterisk (.)
indicates that the use is subject to additional, rnodified or more stringent standards as listed in
Article III, [Ise and Design Standards
1. Agricultural I Isc 7-Wcs
(None)
2. Rcsidential [_lse'ftpes
(None)
3. Ciuic Use T-pes
Cemetery -
Corrcction Facilities
Crises Center
Educational Facilities, Primary/Secondary
H:rlfway House
4. OIIice [/se Tlpes
Outpatient Mcntal Health and Substance Abuse Clinic-
Short-term Lender
SESIION 1 06.2 1 8 LIGHT MANUFASIURING DISTRISI .
Sec. 106-218.2. - Permiued uses.
(B) The lbllowing uscs are pemritted by spccial cxception in the LM Light Manufacturing
District, subject to all other applicablc rcquiremenls contained in this clnpter. An asterisk (.)
indicates tltat the use is subject to additi<>nal, nrodilied or more stringent standards as listed in
Articlc III, llse and Design Standards.
6. Industrial (-lse l-Wes
Asphalt Plant .
Brewery*
Distillery*
Industry l ype II
landlill, Construction Debris
Landfill, Rubblc
Iandfill, Sanitary
Meat Packing and Related Industries
Railroad Facilities
Resource Extraction
Scrap and Salvage Services
SECTION LO6-220 HEAVY MANUFASIURING DISTRIST.
Sec. 106-220.2. - Permitted uses.
(ll) 'fhe Ibllowing uscs a"rc pcrmiffcd by spccial cxccption in the HM Heary Manulacturing
District, subject to all other applicablc requirernents contained in this clmpter. An asterisk (.)
indicates that the usc is subject to additional, urodilierl or morc stringcnt. standards as listed in
Articlc III, [Jse and f)csign Standards.
6. Industtial I isc' Tjpes
Brcwen'"
Distillery.
In<lustrl''l'ypc III
l-andfill, Construction Debris
l-andlill, Rubble
Landlill, Sanitary
Rcsource l',xtractiorr
Scrap and Salvagc Scn,iccs
ARTICI-E III. - USE AND DESIGN STANDARDS
SECTION 106-300. - USE AND DESIGN STANDARDS
Sec. 1 06-306.5. - Educational facilities, college/university.
(A) Gencral Standards:
l. A site plan as requircd by this chaptcr shall be submitted and approvcd prior to the
conlrnencerncnt of any new construction or cnla.rgement ol an educational facility. Thc
administrator may waive this sitc plan requircment if the total incrcasc in the impervious
area rcsulting liom tlds construction or cnlargcment is less thiur 11,000 square fcet.
2. Scrccning and buffering for educational facilities shzrll be provided as rcquired by the
provisions Ibund in scction 106-402 of this chapter.
(B) Standards in the DBD Distict:
1. Educational facilities, college/university shall be allowed only on floors above the ground
floor and in the same sEuchue as a commercial use type except for parcels fronting Clay
Street between Thompson Memorial Avenue and North Market Sheel These parcels may
allow educational facilities, college/university on any floor.
2. The commercial use type must occupy at least the first floor of the structure, and should be
confuured to be pedestian friendly.
(BC) Standards in the C[.iD District:
l. I'lducational facility buildings shall bc setback a minimunr of 30 fect from any street, and
shall bc setback a minimum of tcn Ibet liom adjoining property lincs.
2. Iiducational facility buildings shall have a m:xirnum hcigh[ of 45 fcet. However, this
tnaximum heiglrt rna1, bc increased up to a rnaximum height of 70 feet provided the
minimum sctback of the building is incrcascd by one Ibot for each foot of additional heiglf
abovc 45 fcct.
SECTION 106-310 COMMERCIAL USES.
Sec. 106-310.21. - Microdistillery.
(A) General standards:
l. Such establishments shall include a tasting area, and may include restauran! lstail,
and live entertainment uses.
2. First floor frontage shall have at least 50e6 ransparency from the stree! and shall be
primarily occupied by non-industrial uses.
SECTION 106-312 INDUSTRIAL USES.
Sec. 106-312.5. - Distilleries.
(A) General standards:
1. Such establishments may also include restaurants, tasting rooms, and retail related to
the beverage b.org produced.
SESTION 106.314. - MISCELI-ANEOUS USES
Sec. 106-314.2. - Mixed use s,Hreurre.
Intenl -I'he lbllowing minimurn standards arc cstablished in rccognition that mixed use,
often rnulti-floor, structurcs, are-is desirable within the downtown and community business
districs. Mixcd use s+ru€{uFes allows maximum flexibiliry in the designation of different
areas of a single++rue+ure parcel for different uses. []scs cocxisting \#ithi{+{h€-sam€Nding
include, but are not limited to, loli apartments, condos, retail, olficc space, and restaurants.
Generally non-residential uses should be designated for the lirst floor of multi-floor
buildings to encourage pcdestrian traffic and to avoid the crcation of dead zones. \\4ren
available the facades and clnracteristics of existing iurd surrounding buildings should be
nraintained.
General standards:
1. Applicants for mixcd use struetu+e development shall submit a sitc plan in
accordance with section 106-400 of this chaptcr, along with sulficiently detailed
la1'ouls fbr each building and cach floor o[thc building, dcsignating thc specific areas
dedicated to cach dillerent use. 'l'hc submitted sitc plan slnll be approved by the
city prior to commencing developmcnL o[ the sitc.
2. Major rcvisions to the final site plan shall be reviewed and approved following the
procedures and requirements for site pliur review contained in section 106-400 of
this clnpter. Major revisions include, but arc not limited to changes such as:L Any increase in thc density of the devcloprnent;
b. Substurtial clmngc in circulation or access;
c. Substantial clunge in the mixture of dwelling unit types included in the projcct;
d. Substantial cltanges in the mixture of uses or an increasc in the amount of space
devoted [o non-residential purposes;
e. Reduction in thc approved opcn spacc, liurdscaping or buffering;f. Substantial cltange in architectural or site design features of the development;g. Any other clmnge that the adrninistrator finds is a rnajor divergence from the
approved linal rnaster plan.
3. All other clmnges in the final site plan shall be considered minor amendmcnts. The
administrator, upon receipt of a wrincn requcsl- o[ t]re owner, may approve such
minor arnendmcns. A request which is disapprovcd by the administrator shall be
A.
B.
considercd a major amendment and shall bc subjcct to thc approv:rl proccss oudine{
abovc for such irmendments.
C. Standards in the DBD District:
1. Residcntial uscs shall bc allowcd only in the sarnc structure as an ofEce or commercia]
use firc. Common entrances arc encouragcd.
2. I-he olficc or commcrcial use tlpc must occupy at lcast thc first floor of the structure ,
except as allowed by Section 106-306.5 and slxruld lrc configured so as to bc pcdestrian
friendly.
3. New conslruction or construction involving the dcnrolition of existing buildings shall be
of scale and construction matcrials so as to bc appropriatc with existing surrounding
buildings. Materials and tlpe s of conslruction drat shoukl be givcn consideration include,
but arc not limitcd to:
a. Ilrick facades;
b. Cornices, parapels, molding, lintels and othcr externally l,isible decorations;
c. Rool'lincs;
d. Windows.
4. A hotncowner's/property owner's associaLion shall bc crcated for each mixed usc
structurc dcvcloptnent. 'l'he association shall be responsiblc for the perpetual
maintcnancc of thc properq/ and any' opcn spacc or common areas within thc
dcvcloprncnt.
5. Parking for residents and-emplqrees shall be krcatcd on-sitc and shirll be provided one
(1) space per residential unir
@
D. Standards in the CBD Districu
1. Notruithstanding Section 106402, Buffer yards, screening and landscaping, a type B
buffer yard shall be planted between mixed use development and residential
development prior to the corlmencement of any non-residential use.
2. Residential occupancy shall be contained to the primary struchrre only.
3. Development utilizing residential stuchres shall delinerte on the required site plan
which structure is the primary struchrre.
4. Non-residential uses in accessory sEuchrres shall require a special exception permit
in accordance with Section 106524 of this chapter.
5. Non-residential uses to occur out of doors shall require a special exception permit
in accordance with Section 106-524 of this chapter.
6. Multi-family residential mixed use development shall require a special exception
permit in accordance with Section 106-524 of this chapter.
7. Parking shall be required on site and in accordance with Section 106404 of this
chapter.
Sec. 106-314.5. - Towers.
(F) 'l'owcrs shall be monopole in design, and subjcct to
any applicablc standards of thc FCC or FAA, be paintcd a ncutral color.
(R) 'l'owcr facilitics shall be lzrrdscapcd with a bull'er of planl" matcrials that cflbctively screens thc
view ol'the support buiklings frorn adjaccnt propcrry. 1'he srandard buffcr shall consist of a
(A)
landscaping strip of at leasl- Ibur fcet wide outside tlrc pcrirnetcr ol'thc cornpouncl. IJxisting
mature trec growtlt and natur:rl land fonn on t]re site shall be presen,ccl to thc maxirnum cxl-ent
possible. Antennas and other eqrripment located on the topor side of a building or sguchrre
shall be screened from public view.
ARTICI-E tV DEVELOPMENT STANDARDS
Sec. 106400. - Site plan review.
A site plan shall be rcquired and sh:rll be submitted to the city for cach o[ the following:
l. All new developlncnt in cvery zoning district cxcept for single family and two family
dwellings.
2. Thc convcrsion o[ any single farnily or two larnily dwelling to any other usc or to a higher
intensity rcsidential use.
ll. Additions or modifications [o buildings or sites, exccpt single Iamily and two family
dwellings, if said addition or modification results in a 5,000 square foot or greater incrcase
in impcn,ious surfacc area o[t]re site.
4. 'lhc convcrsion of any properff from fee simplc orvnership to a contlominium form of
owncrship.
5. 'fhc convcrsion o[ any building or properq/ t<l a different use category, e.g., commercia]
to industrial.
6. Additions or modifications that may increase the requirements of any development
standard includingbutnotlimited to parking,landscaping, and stormwater managemenl
All rcquired site plans shall bc preparcd by a profcssional cngineer, or land survcyor B, who is
registererl b1'the Commonwealth of Virginia.'fhe city may waive this rcquirement if drc t1pe,
scale or location ol'the proposed developmcnt docs not neccssita[e such plans.
A pbt pl:ur, that Incets the standards contained in scction 106-406.3 shall be required for all
uscs or development not requiring a site plan.
(B)
(c)
'l'ablc 1 Arljoining 7-oning
A(;IISF ItN,IF \{IIP R1l DI]D TI]I)CBD HBI)I]CD I,N{H\,{CI:f)PTiD
Sitc
Zo:nittg
Category ol Buller Yard Rcquircd
RMF B ll B
N'IHP l]B I]u ll B
Iill ll 1]B B
t)llD B 1l B t]ll ll
lBD u tl ll 1i u B
CBD B B B B B B B
HBD u ll ll ll B tl B
I]CD B 1l ll l]B B u
I,\{C C C C A A A A A A C C
H\'I C (l C C A A A A C C
CIID u I]B I]B ll l]B B B ll B
PI:D
Sec. 106-402.3. - Buffer1ar.ds.
Sec. 106404.11. - Construction standards.
All ofl-strcct pzrking :ucas shall bc cons[uctcd of a hard surftcc consisting ol biturninous
c()ncrctc or concrete. ()ravcl parking arcas shall not bc pcmiittcd, unlcss thc adrninistrator
<lctcnnines tlrat drc usc is ol a tcmporary nature .
For sites or sEucules listed on the National Register of Historic Places, parking areas may
be consEucted using period correct materials as permiUed by the Administ-ator. Such
development shall require a site plan.
The City Ergineer may require paving surfaces and,/or consEuction tedrniques which
minimize surface stormwater runoff in areas where it is deemed necessary. The developer
may select precast interlocking blocks, porous-type asphalt paving, detention basins or other
methods as approved by the City F,ngineer.
ln no case shall there be allowed excessive dust or debris to be transferred onto the roadway
system or onto neighboring properties. Violators shall be guilty of a misdemeanor and
subject to Section 106-516, Penalties.
(A)
(B)
(c)
(D)
.l
Sec. 106404.17. - Minimum parkingrequired.
(A) Agriculrural [,lse Tiltes
Agritourism
(D Contnterc'ial [lse'ftpes
Microdistillety
(F) Industrial LIse 1-Wes
Distillery
Schedule B
Schedule B
Schedule B
Sec. 106-406.25. - On-site storage and temporary mobile storage containers.
(A) Storas€ containers shall be considered accessory sEuctures and shall be located in accordance
with the standards for accessory structrues as described in article II of this chapter.
(B) No vehicle, tuck body, manufachrred home, mobile home, bus, Eailer, recreafional vehicle,
shippru container, portable storage rurig or similar equipment shall be used as a storage
container or building in any zoning district, except thax
(1) Temporary mobile storage containers designed for site delivery and pickup may be placed
and used on any property for a period not to exceed 30 days per calendar year. Such a
container shall be placed in the driveway or rear yard of residentially zoned property.
(21 Commercial and industial use types may use shipping containers for storage provided that:
a. All containers are maintained in suitable condition and be free of rus! deterioration,
graffiti, etc.
b. All containers are placed in an approved location that does not utilize existing parking
spaces, fire lines, etc.
c. AII containers are placed in the rear of the property and shielded from public views.
d. Such containers shall not be allowed for more than 90 consecutive days in any one-
year period.
(C) A zoning permit shall be obtained prior to the placement of any storage container.
(D) No stacking of storage containers shall be allowed.
ARTICI-E, V ADMINISTRATION
SECTION 106-528 BOARD OF ZONING APPEAIS
Sec. 106-528.1. - Powers and duties.
(A) 'I'hc BZA shall havc tlte powcr and duLy to hear anrl dccide appcals from any writtcn
ordcr, requiretnent, dccision, or detennination ma<le by any adrninistrativc olficer in the
administration or enforccmcnt o1'tlils chapter. No such appeal shall be heard except after
noticc zurd hearing as provide<l bV S 15.2-2204 ol-the Code ol'Virginia, as amended.
(B) Ex patte communications, proceedings.(l) The nonJegal staff of the goveming body may have ex parte comm,nications with a
member of the Board prior to the hearing but may not discuss the facts or law
relafive to a particular case. The applican! landowner or his agent or attomey may
have ex parte comm.nications with a member of the Board prior to the hearing but
may not discuss the facts or law relative to a particular case. If any ex parte
discussion of facts or law in fact occurs, the party engagrng in such communication
shall inform the other party as soon as practicable and advise the other party of the
substance of such communication. For purposes of this section, regardless of
whether all parties participate, ex parte communications shall not include (i)
discussions as part of a public meeting or (ii) discussions prior to a public meeting
to which staff of the governing body, the applicant, landowner or his agent or
attomey are a.[ invited.(2\ Any malerials relating to a particular case, including a staff recommendation or
report fumished to a member of the Board, shall be made arailable without cost to
such applican! appellant or other aggrieved person, under g 15.22314 of the Code
of Virginia as amended, as soon as practicable thereafter, but in no event more
than three (3) business days of providing such materials to a member of the Board.
If the applicant, appellant or other aggrieved person, under S 15.2-2314 of the
Code of Virginia, as amended, requests additional documents or materials be
provided by the locality other than those materials provided to the Board, such
request shall be made pursuant to Section 2.9-3704 of the Code ofVirginia (1950),
as amended. Any such materials furnished to a member of the Board shall also be
made arailable for public inspection pursuant to subsection F of S ec0ior, 2.%3707
of the Code of Virginia, (1950), as amended.(3) For the purposes of this section, "nonJegal sta.ff of the governing body' means arry
staff who is not in the Office of the City Anomey for the City of Salem, or for the
board, or who is appointed by special law or pursuant to Section 15.2-1542 of the
Code of Virginia (1950), as amended. Nothing in this section shall preclude the
board from having ex parte communications with any attorney or staff of any
altomey where such communicafion is protected by the altomey<lient privilege or
other similar privilege or protection of confidentiality.
(C) Notr,vithstanding any other provision of law, general or special thc Il7-A. shall have r-he
powcr artl duty to aud*rrize grant upon appcal or original application in specilic cases a
variancc, as defined in Section 15.2-2201 of the Code of Virginia (1950), as amended,
rp€eid €onrliir) i"
provided that the burden of proof shall be on the applicant for a variance to prove by a
preponderance of the evidence that his applicafion meets the standard for a lzriance as
defined in Section 15.2-2201 of the Code of Virginia (1950), as amended, and the criteria
set out in this section.
Notr,vithstanding any other provision of law, general or special, a lzriance shall be granted
if the evidence shows that the st-ict application of the terms of the ordinance would
unreasonably restict the utilization of the property; or that granting the lrriance would
alleviate a hardship due to a physical condition relating to the property or improvements
thereon at the time of the effective date of the ordinance. No such r,:uiancc shall bc
grarlted unless thc spirit of the chapter shall be observed :rrd substantial justice rlonc. 'fo
legally grant a variance, the BZA must lrc prcsented evidcnce and make a finding t5at:
@3, 'flrat Cre rantin$ ef Cre variiuree rvill iilleviate a elearl,' denrensuirble lrardslrip
sought+f{r€-app}i€{u}t
l. The property interest for which the variance is being requested was acquired in good
faith and any hardship was not created by the applicant for the variance;
2. The granting of the variance will not be of substantial detriment to adjacent property
and nearby properties in the proximity of that geographical areE
3. The condition or situation of the property concerned is not of so general or recuring
a nahrre as to make reasonably practicable the formulation of a general regulation to
be adopted as an amendment to the ordinance;
4. The granting of the variance does not result in a use that is not otherwise permifted on
such property or a change in the zoning classification of the property; and
5. The relief or remedy sought by the variance application is not available through a
special exception process or the process for modification of a zoning ordinance at the
time of the filing of the variance application.
is
elrapkr, Speei{iedl"r dre B't\ must find drat dre striet applieatien el'dre elrapter rveuld
@Uf,'t'tUstxrrartr
elraraekr el'Cre diskiet rvill ne* be elriurged by Cre $riur+ing of Cre virianee, Findllt dre
reasternatie reasen*
No variance requcst sh:rll be cvaluated b1'thc BZA until aficr notice and hearing as
provided bV S 15.2-220,'1, ol'the Code of Virginia, as arncndcd. In addition, posting of
the propcrgr slurll bc requircd as pror.iderl for in scction 106-520.5 of this chapter.
In granting a variancc, thc BZA may,imposc such conditions rcgarding thc location,
charactcr and othcr l-catures of thc proposed structurc or use as it nray deem necessary
in the public intercst, and rnay rcquire a guarantec or bond Lo ensurc that thc
conditions imposcd arc being and will continue to be cornplied with.
Sec. 106-528.9. - Certiorari to review decision of BZA.
(A)
be made and 'erved upen Cre relakr's atlerney, wlrielr slrdl n<lt be less C.iur ten days iu"d may
(e) a'lre B7=& sl'dl n<rt be reetuired te retum dre erigind papers aeted upen by it but it slrdl be
Ms+,yorn€eplcsdlere
eiilled l-or b,'suelr rvrt,'l-he 'eturn "lrdl eeneisely set fnrdr suelr edrer f,ree irs mty be pertirent
[esin]eny is nc€cs
dispesitien e[ dre matler; it rra]' kilie e+denee er appeint a eommissiener te &&e suelr
€r.n€tusiens tlf tar
miry reverse trr iffirnr; rvlrelly er in part,
er nra,' nr<xlili' dre rleeisien Lreuglrt up fer rer"ierv,
@ dlerved a€ainst Crc BZ\, unless it slrdl irppear te Cre eeurt drat it ireted in
Pi++ is Ufrme<t; ana Ur
@steaUre;ssuarcetlf
;n ndAng a reu ;
(A) I" accordance with the provisions of Section 15.2-2314 of the 1950 Code ofVirginia as amended,
any person or persons jointly or separately aggrieved by any decision of the B7,Au or any agrieved
taxpayer or any officer, departrnen! board or bureau of the city, may file with the circuit court of
the city a petition that shall be styled 'In Re: date Decision of the Board of Zoning Appeals of
the City of Salem, Virginia' specifuing the grounds on which aggrieved. This petition must be
filed within 30 days of the BZA's decision.
@) Upon the presentation of such petition, the court shall allow a writ of certiorari to review the
decision of the BZA and shall prescribe therein the time within wtrich a retrrrn thereto must be
made and served upon the Secretary of the BZA or the Chairman of the BZA, which shall not
be less than ten days and may be extended by the courl The allowance of the r,rrit stull not shy
proceedings upon the decision appealed frorq but the court may, on application, on notice to the BZA
and on due cause shown, grant a restraining order.
(C) The BZA shall not be required to relrn the original papers acted upon by it but it shall be
sufficient to relrrn certified or sworn copies thereof or of such portions thereof as may be called
for by such writ. The rehrrn shall concisely set forth such other facts as may be pertinent and
material to showthe gror:nds appealed from and shall be verified.
(D) AnV review of a decision of the BZA shall not be considered an action against the BZA and the
BZA sttall not be a party to the proceedings; however, the BZA stnll participate in the proceedings
to the extent required by this section. The governing body, the landowner, and the applicant
before the BZA shall be necessary parties to the proceedings in the circuitcourt The courtmay
permit intervention by arry other person or persons jointly or severally agrieved by arry decision
of the 87,A, The court may revers€ or affirm, wholly or partly, or may modify the decision
(r)
brought up for review.
In the case ofan appeal from the BZA to the circuit court of an order, requirement, decisionor determination of the zoning administator in the adminisEation or enfoicement oiany
ordirnnce or provision of state law, or any modification ofzoning requir€rnemts pursuart to ,Lt u,r,dr findings ard conclusicls of th" BZA or qrestios of fact stull be presumed tobe correct The
Pry4r8 p"tY ,*{ rebut that presumption by proving by a preponderance of the evidence,
including the record before the BZA,, thar the BZA erred in its iecision. Any party -"y int fuuc"
evidence in the proceedings in tlre out The murt slnll }*ar any argurnrts or questiors of lar,v de
novo.
In the case ofan appeal by a person of any decision of the BZA that denied or tranted an
application for a rariance, the decision of the BZA stull be presumed to be mrrect The petitioner
may rebut $at presumption by proving by a preponderance of the evidence, induding thi recorrl
before the BZA *ut the BZA erred in its decision.
costs shall not be allowed against the city, unless it shall app€ar to the court that it acted in bad
faith or with malice in making the decision appealed from. In the event the decision of the
BZA is alhrmed, and the court finds that the appeal was frivolous, the cou.rt may order the
person or persons who requested the issuance of the writ of certiorari to pay the costs incurred
in making a return of the record pursuant to the writ of certiorari. If the petition is withdrawn
subsequent to the fiIing of the retum, the City may request that the court hear the matter on
the question ofwhether the appeal was frivolous.
ARTICLE \'I DEFINITIONS AND USE TYPES
SECTION 106-602 USE TYPES.
Sec. 106-602.1. - Agricultural use types.
l'l'hc lbllowinl; lvor<[s, terrns alrl plrrirses, when uscd in tl s chaptcr, shall have thc
mcarings ascribcd to the m in this scction, exccpt u'hcrc thc contcxt clc:rly, indicates a difi'erent
rnciuring:l
Agritourism: Any activity carried out on a farm or ranch that allows members of the
general public, for recreational, ent€rtaiment, or educational purposes, to view or enjoy
rural activities, including farning, wineries, ranching, historical, cultural, harvest-yourcwn
activities, or natr:ral activities and at!-actions.
Sec. 106{02.9. - Commercial use ty,pes.
['l'hc lbllowing worrls, tenns and plrlascs, rvhen uscd in this chaptcr, shall havc thc rneiuring:;
a-scribed to thcm in dris scction, cxccyrt whcrc thc contcrt clcarly indicatcs a dill'crent mc;uring:l
Microdistillery. An establishment engaged in the production of spirits with a significant
commercial componen! such as a restaurant or retail store.
Short-term lender. F,stablishments primarily engaged in short-term lending such as payday
loans, car title loans, and refirnd anticipation lours.
(r)
Sec. 106602.11. - Industrial use t1pes.
[Thc lbllowing words, tcmrs ancl plrases, when used in tlils chapter, shall have t]re meanings
ascribed to tltcm in t-his section, except where the context clearly in4icates a differcnt meaning:l
Distillery. An establishmentprimarily engaged in the production of spirits for
distribution.
Sec. 106-602.13. - Miscellaneous use types.
Mixed usestueture. A Mmixed usc struea*re is a single buildingor parcel wherein multiple
uses such as residential and commcrcial sharc space.
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:
James L. Chisom -
James A. Martin -
Jane W. Johnson -
William D. Jones -
Byron Randolph Foley -
Passed:
Effective:
lsl
Mayor
ATTEST:
James E. Taliafeno, II
Clerk of Council
City of Salem, Virginia
INTEROFFICE MEMORANDUM
TO: ]ay Taliaferro, Secretary to the Plaruring Commission and Clerk of CouncilFROM: Mary Ellen Wines, Zoning Administrator
SUBIECT: changes to proposed zoning ordinance amcndmentsDATE: December 14, 2016
CC: Ben Tripp, City Planner
As we have progressed through the many proposed zoning ordinance amendments, the
proposed addition of the Community Business District, and subsequent proposed rezoninSs, some
necessary changes have been discovered. At the behest of property owners, and stalfs desire at
clarification, the following amendments are requested to the proposed zoning ordinance, rezoning
requests, and zoning map that Planning Commission received as part o[ their packet for the
December 14, 2016, meeting.
I. Zoninq Ordinenc€:
106-306.5. - lIucational hcilities, college/university.
(B) Standards in the DBD Districu
1. Educational facilities, college/university shall be allowed only on floors above the ground
Iloor and in the same structure as a commercial use type-exe€pt. For pa*eel* buildings
fronting Clay Street between Thompson Memorial A*,eaue fhive and North Market Street
the first 75 feet may indude educational facilities, college/university on the ground floor.
+
l0&314.2. - Mixed use stnrehrre:
C. Standards in the DBD District:
5.soacegcc*esi himum
pa*ing+equied
Sec. 106404.17. - Minimum parking requircd.
(D) C,ommercial Llse I'yrys
Microdistillery Schedule B
Short-term Lender I space pcr 300 square feet
Rezoninqs: requesb of property ormers
150-8-1
120-8-4
Yes
Yes
CBD
RMF
HBD
TBD
1O4 East 4th Street
TBD Office
200 blk Richfield Avenue
RMF Vacant
Roberston william
Howard Jr
Carter T A Jr
hoposed Official Zoning Map:
Alternative #l: Original kopos€d Map.
Altemative #9. Proposed Map with confonrring property own€r requ€sb.
l"!q"! Zoning Zoning Address/ Use Owner Name
2
nrn/l+lD-
DATE \-q-I1
AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 106 OF THE CODE
OF THE CITY OF SALEM, VIRGINIA, PERTAINING TO A NEW OFFICIAL ZONING
MAP (DATED _ DECEMBER 2016) FOR THE CITY OF SALEM, ENCOMPASSING THE
ENTIRE CITY WITHIN THE CORPORATE LTMITS. THE NEW MAP WOULD REFLECT
THE CHANGES OUTLINED IN THE PROPOSED AMENDMENTS OF THE ZONING
ORDINACE, CHAPTER I06, OF THE CODE OF THE CITY OF SALEM, VIRGINIA,
INCLUDING THE CREATION OF A NEW ZONING DISTRICT.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, thAt
Chapter 106 of The Code of the City of Salem, Virginia, be amended, revised, and reordained to
read as follows:
CHAPTER 106
NEW OFFICIAL ZONING MAP
Dated - December 2016
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:
James L. Chisom -
James A. Martin -
Jane W. Johnson -
William D. Jones -
Byron Randolph Foley -
Passed:
Effective:
lsl
Mayor
ATTEST:
James E. Taliaferro, II
Clerk of Council
City of Salem, Virginia
CITY OF SALEM
PLANNING COMMISSION
Prepared by:
City Administrative Staff
STAFF REPORT
ITEM #2
Meeting Date:
December 14, 2016
Report prepared:
December 8, 2016
RE: Hold public hearing to consider adopting a new official zoning map for the City of Salem,
encompassing the entire city within the corporate limits. The new map would reflect the
changes outlined in the proposed amendments of the Zoning Ordinance, Chapter '106,
of THE CODE OF THE CITY OF SALEM, VlRlGlNlA, including the creation of a new
zoning district.
BACKGROUND INFORMATION:
As part of the previous update to the Comprehensive Plan, it was determined that there was a
need to rework the Transitional Business District (TBD) zoning so that it better fit its intended use
of being in areas that downtown would expand into in the near future. lt was also determined that
a lighter commercialzone than Highway Business District (HBD) was needed.
The result of these decisions was the creation of the Community Business District (CBO), which
includes some ofthe less intensive commercial uses but also allows for the mixing in of residential
uses. The intent of the CBD zoning is that it be applied in transitional areas, places that are often
corridors on the edges between more intensive commercial zones and more residential zones.
These proposed changes would affect 212 of the properties within the City, nearly all of which are
currently zoned TBD. The new map typically keeps TBD zoning around the downtown area but
changes TBD parcels not near downtown to either Residential Business (RB) or the new
Community Business District (CBD).
atIEBr,rallvEg:
1) Recommend adoption of the new offlcialzoning map.
2) Recommend adoption of the new official zoning map with amendments.
3) Recommend denial of the new official zoning map.
CITY OF SALEM
PROPOSED ZONING MAP
DECEMBER 2016
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ALTERNATIVE 2:
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Property Owner Requests
DECEMBER 2016
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IN THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, January 9,20172
RESOLUTION 1308
A RESOLUTION in support of the Marketplace Fairness Act, urging the United States
Congress to enact legislation that will enable State and Local governments to collect revenues
due to local government that are essential to the expansion of our local and regional economy,
creation of thousands of new jobs, enhancement of the quality of life within our communities,
and preservation of limited State and Local revenue sources.
WHEREAS, many State and Local governments rely on the collection of sales and use
taxes to support funding to improve needed infrastructure improvements, strengthen local small
businesses, create jobs for their citizens, and fund essential services;
WHEREAS, local small businesses confront expanded competition from the explosion of
Internet sales by remote sellers who are unwilling to collect and remit properly assessed sales
taxes to State and Local governments;
WHEREAS, national studies reveal that State and Local governments lose approximately
$30 Billion each year from uncollected sales taxes from transactions involving remote Internet
retailers;
WHEREAS, local businesses estimate that the City of Salem has lost millions of
uncollected sales and use taxes from remote online sales;
WHEREAS, State and Local associations, including the Government Finance Officers
Association, the National League of Cities, the National Association of Counties, the United
States Conference of Mayors, and the National Governors Association, along with partners in the
retail community, worked together for years to develop a fair and easy system to collect and
remit these sales taxes structured on a system of collection based on the purchaser's location;
WHEREAS, through this collaborative effort, we believe that an effective and efficient
response in eliminating the competitive disadvantage faced by our local small business retailers
appeared in 2013 when the Marketplace Fairness Act passed in the United States Senate through
a bi-partisan effort and would have established a fair system for the collection of existing taxes
owed to State and Local government, and address the pressing need to level the playing field
among remote Intemet sellers and local "bricks and mortar" retailers;
WHEREAS, following the passage of the Marketplace Faimess Act by the United States
Senate in 2013, the United States House of Representatives did not vote on the Marketplace
Fairness Act or any alternative to address this critical economic development issue, and this
inaction by the House of Representatives caused the United States Senate to reintroduce the
Marketplace Fairness Act in 2015;
WHEREAS, the continued inability of Congress to reach a consensus has resulted in an
increase in the Virginia state sales tax from 5.0%o to 5.3o/o and has placed significant and
challenging limitations on localities; and
WHEREAS,2017 is now the opportunity for the 115th Congress to demonstrate real
political courage and break this unwarranted and unjustified stalemate by moving the
Marketplace Faimess Act or other legislation to collect and remit sales taxes structured on a
system of collection based on the purchaser's location through the United States Senate and
United States House of Representatives during its 2017 session in order to protect localities and
level the playing field between local retailers and remote Internet sellers.
NOW, THEREFORE, be it resolved by the Council of the City of Salem, Virginia that:
1. City Council urges Senate Majority Leader Mitch McConnell, Senator Mark
Wamer, Senator Tim Kaine, and all United States Senators to reintroduce the Marketplace
Faimess Act into the United States Senate during its 2017 session.
2. City Council Urges Speaker Paul Ryan, Chairman Bob Goodlatte, and all
Members of the House of Representatives to act on the Marketplace Faimess Act or other
legislation to collect and remit sales taxes structwed on a system of collection based upon the
purchaser's location in the House Judiciary Committee.
3. City Council urges the United States Senate and the United States House of
Representatives to hold votes to pass the Marketplace Faimess Act or other legislation to collect
and remit sales taxes structued on a system of collection based upon the purchaser's location
during the 2017 session and send the clear and unequivocal message to States and Localities that
the United States Congress supports small business women and men who create jobs, produce
revenues to support essential infrastructure improvements, and create a stronger and more
resilient economy for the benefit of all Americans.
4. City Council directs the City Clerk to provided attested copies of this Resolution
to The Honorable Paul Ryan, Speaker of the United States House of Representatives, The
Honorable Bob Goodlatte, Chairman of the House Judiciary Commiftee, The Honorable Mitch
McConnell, Senate Majority Leader of the United States Senate, The Honorable Mark Wamer,
United States Senator, and The Honorable Tim Kaine, United States Senator.
Upon a call for an aye and nay vote, the same stood as follows:
James L. Chisom -
James A. Martin -
Jane W. Johnson -
William D. Jones
Byron Randolph Foley -
ATTEST:
City Clerk.
Now is the Time to Support our Local Businesses
lmagine federal legislation that would help local small businesses compete with
behemoth online retailers. lmagine if, at the same time, this legislation would help
address our nation's infrastructure backlog, enhance public education, and support
other critical services by providing more than $30 billion annually to state and local
governments. And, this legislation would not create or increase taxes; it would simply
make it easier for state and local governments to collect taxes that are already owed by
those who purchase items online.
We had this opportunity in 2013 when the Marketplace Fairness Act, or MFA, passed in
the U.S. Senate through a bi-partisan effort (thank you, Senator Mark Warner, for
cosponsoring this legislation). This legislation leveled the playing field for brick-and-
mortar retailers thal are currently at a five- to 1o-percent competitive disadvantage with
online remote sellers that are not required to collect sales taxes. lt also finally bring
federal law into the digital age by enabling state and local governments to receive sales
taxes on online purchases.
To the detriment of our local businesses, the l\4arketplace Fairness Act was never voted
on by the House of Represenlatives. ln the meantime, state, local and retail coalitions
have addressed concerns some had with the N,IFA - making collection and
reconciliation of sales taxes quick and easy for retailers by using computer software
already proven ready for the task of basing collection on the purchaser's location.
Congress'failure to act makes our local busrnesses less competitive while large lnternet
retailers grab larger shares of retail purchases each year. While this legislation is
stalled, state and local governments across the country have lost billions that could
have been used to repair infrastructure and provide other crucial services. ln effect,
Congress's inaction has taken funds that could be invested in our local communities
and, instead, provided them to increase profits for large, out of state, internet retailers.
Some have given up hope that common-sense legislation to make our local small
businesses competitive with online retailers can ever make it through
Congress. Moreover, the concept of sales tax fairness is difficult to explain to the
public, who could misinterpret this as a tax increase rather than what it is - an improved
collection system.
However, we are not ready to give up.
Courageous public officials have stepped up to support local brick-and-mortar
businesses. The Virginia General Assembly, through a bi-partisan effort, included the
new revenue generated from online sales tax in funding of its 2013 transportation
infrastructure bill, Smart Scale. Unfortunately, since IVIFA did not make it out ofthe
House of Representatives, lawmakers had to increase statewide taxes, burdening all
citizens instead of collecting the lnternet sales taxes that were already owed.
Another hero in this story is Deb Peters, a South Dakota Republican State Senator who
was recently named a Public Official of the Year by Goveming magazine. Senator
Peters drafted and shepherded through legislation that allows South Dakota to collect
taxes from online sales. lnternet retailers immediately sued the state, and it is possible
the case will be heard by the U.S. Supreme Court next year.
ln the Roanoke Valley, local governments have lost millions that could have been
invested in infrastructure like drainage improvements, roads and bridges; increased
funding for our schools; and used to support other services to spur lhe local economy
and createjobs. The loss in state revenues is even greater, as local governments
receive onlya pennyofevery 5.3 cents collected. Much ofthe shortfall inthe
Commonwealth's budget is the result of the additional 4.3 cents that is due but not
collected on lnternet purchases by residents.
Now is the time to support our local small businesses that contribute so much to our
economy. lt is our hope that the new Congress will move this important initiative
foMard. Breaking the stalemate of online sales tax fairness will be difficult, but we have
faith there is enough political courage in the Senate and House to take action sooner
rather than later - after all, action is what the American people are seeking from the
1 1 5th Congress.
Passing legislation to make online sales tax fairness a reality would enable Roanoke
Valley governments, and state and local governments around the country, to invest
billions of dollars that could help our communities in these challenging times. We ask
the U.S. Congress to level the playjng field for our local brick-and-mortar businesses
and invest in our future by supporting online sales tax fairness today.
SALE
Ofice of the City Clerk
January 9, zorT
Council ofthe City of Salem
Salem, Virginia 24153
Dear Council Members:
For your information, I am listing reappointments and vacancies on various boards and
commissions:
rru + 6F--
DATE I.q-I1
Board of Appeals (USBC Building Code)
Board of Equalization of Real Estate
Assessments
Western Virginia Regional Jail Authority
Recommend reappointing John R. Hildebrand for a
five-year term. ( Current term ended on January 1
2OT7 -\
Recommend reappointing David A. Prosser for a three-
year term. (Current term expired on November 3o,
u o16.)
Recommend reappointing William D. Jones with Byron
R. Foley as alternate; James E. Taliaferro, llwith
Rosemarie Jordan as alternate; and Eric A. Atkins with
April M. Staton as alternate with terms ending as the
members are replaced. (Currentterms expired
December 3r, zo16.)
Board of Zoning Appeals
Board of Appeals (USBC Building Code)
Convention & Visitors Bureau
Fair Housing Board
Fine Arts Commission
Planning Commission
Need one full member and three alternate members,
five year terms.
Need one fullterm member and three alternates, five-
year terms.
Need one full term member, no term limit.
Need two full term members, three-year iirms.
Need all full members, four-year terms.
_ Nled one full terll meTllr
Sincerely,
James E. Taliaferro, II
Assistant City Manager and Clerk of Council
Attachment
Board or Commission Recommendation
Vacancies with Candidates
Vacancies
MEMBER
FINE ARTS COMMISSION
Term of Office: 4 years
EXPIRATION OF TERM MEMBER EXPIRATION OF TERM
Cameron Vest
Julie E. Bailey Hamilton
Brenda B. Bower
Vicki Daulton
Hamp Maxwell
Fred Campbell
Rosemary A. Saul
Rhonda M. Hale
Brandi B. Bailey
STUDENT REPRESENTATIVES
LEAGUE OF OLDER AMERICANS
Term of Office: 3 years
John P. Shaner
REAL ESTATE TAX RELIEF REVIEW BOARD
Term of Office: 3 years
David G. Brittain
Jimmy W. Robertson
Daniel L. Hart
ROANOKE VALLEY.ALLEGHANY REGIONAL
COMMISSION
Term of Office: 3 years
ROANOKE VALLEY TRANSPORTATION PLANNING
ORGANIZATION (TPO) POLICY BOARD
Term of Office: 3 years
Jane Johnson
William "Bill" Jones
SCHOOL BOARD OF THE CITY OF SALEM
Term of Office: 3 years
Nancy Bradley
Michael Chiglinsky
Andy Raines
Artice Ledbetter
David Preston
SOCIAL SERVICES ADVISORY BOARD
Term of Office: 4 years, 2 term limit
Betty McCrary 12-1-18
TOTAL ACTION AGAINST POVERTY
Term of Office: 2 years
Byron Randolph Foley
(Melinda Payne appointed 1-14-18
as full-time alternate)1-31-18
VIRGINIA WESTERN COMMUNITY COLLEGE
Term of Offlce: 4 years (2 terms only)
Forest G. Jones 6-30-18
WESTERN VIRGINIA EMERGENCY MEDICAL
SERVICES COUNCIL (3 year term)
Deputy Chief Matt Rickman 12-31-19
WESTERN VIRGINIA REGIONAL INDUSTRIAL
FACILITY AUTHORIry
Term of Offlce: 4 years
ROANOKE VALLEY GREENWAY COMMISSION
Term of Office: 3 years
McMillian H. Johnson, lV
Morris A. Elam, Jr.
Skip Lautenschlager
6-30-2017
6-30-2017
12-31-18
'12-31-18
12-31-19
12-31-19
12-31-17
Kevin S. Boggess
Melinda J. Payne
James E. Taliaferro, ll
(alternate for Boggess)
Benjamin W. Tripp
(alternate for Payne)
2-3-2018
2-3-2020
2-3-2018
2-3-2020
12-31-2016
12-31-2016
12-31-2016
I z-J t-ZtJ to
I z-J t -zu to
12-31-2016
5-01-1 5
5-01-15
7 -26-12
10-26-12
10-26-12
5-01-13
10-26-13
10-12-14
10-12-14
4-19-18
5-26-19
9-26-17
PERSONNEL BOARD
Term of Office: 2 years
Larry A. Lynch
William R. Shepherd
J. Chris Conner
Margaret Humphrey
Lexi H. Dibbern
3-01-18
1-28-17
6-09-17
d-t2-tt
8-12-17
3-01-18
7-31-18
7-31-18
7-26-19
7 -26-16
8-28-17
PLANNING COMMISSION AND
lpoes cirizeNs corraurrree
Term of Office: 4 years
Sam Carter, lll
Dee King
Vicki Daulton
Jimmy W. Robertson
Bruce N. Thomasson
Jane W. Johnson
William D. Jones
James Martin
Melinda J. Payne
6-30-18
2-24-17
6-30-18
6-30-19
12-31-2019
Alternate
Rosemarie Jordan
2-14-19
2-14-17
2-14-18
ROANOKE VALLEY BROADBAND AUTHORIry
Term of Office: 4 years
Kevin S. Boggess
WESTERN VIRGINIA REGIONAL JAIL AUTHORIry
Term of Office: 1 year
William D. Jones
Alternate: Byron R. Foley
James E. Taliaferro, ll
Alternater Rosemarie Jordan
Eric A. Atkins
Alternate: April M. Staton
ROANOKE VALLEY DETENTION COMMISSION
No Terms
Member
James Taliaferro
CITY OF SALEM, VIRGINIA
BOARDS AND COMMISSIONS
January 2017
M E[/]BER EXPIRATION OF TERM
BLUE RIDGE BEHAVIORAL HEALTHCARE
Term of Offlce: 3 years (3 terms only)
MEM BER EXPIRATION OF TERM
Partnershio for a Livable Roanoke Vallev
Term of Office: Unlimited
James E. Taliaferro, ll
COI\,MUNITY POLICY AND MANAGEMENT TEAM
No term limit except for Private Provider
Pat MacDonald
David Wells
Linda Franke
AT LARGE MEMBERS:
Vic Boddie
Bruce N. Thomasson
Bobby Russell
'12-31-18
12-31-19
12-31-17
12-3't-16
12-31-17
12-31-18
BOARD OF APPEALS (USBC BUILDING CODE)
Term of Office: 5 years
John R. Hildebrand
Robert S. Fry, lll
David A. Botts
Nathan Routt
Greg Lewis
(will not accept reappointment)
ALTERNATES:
Dr. Stephen Richerson - term ends June 30, 2017
ECONOMIC DEVELOPMENT AUTHORITY
Term of Office: 4 years
William O. Mongan
C. Wayne Adkins
J. David Robbins
Judith F. Hagadorn
Joseph E. Yates, Jr.
Dale P. Lee resigned 'l11116
Bruce Porter resigned 10/5/15
ECONOMIC DEVELOPMENT COMMITTEE
No Terms, no alternates
Jane Johnson James Chisom
Kevin Boggess James Taliaferro
Melinda Payne Benjamin Tripp
Mary Ellen Wines Judy Hough
FAIR HOUSING BOARD
Term of Office: 3 years
Kathleen H. Manson
Joseph Harris, ll
(did not respond to written request for re-appt)
Joseph Kyle, lll /.UI.IJ
(did not respond to written request for re-appt)
1-01-17
1-01-18
1-01-20
1-01-19
'1-01-16
(Names)
Rosie Jordan
Benjamin W. Tripp
Carolyn Minix
Cheryl Wilkinson
Parent Rep Open
Joyce Ead
Randy Jennings
Darryl Helems
Derek Weeks
Debbie Sams
Charles T. Gwaltney
Betty Waldron
(Alternates)
Tammy Todd
James E. Taliaferro, ll
Rosemary Walker
Cathy Brown
Parent Rep Open
Shannon Brabham
Deborah Coker
Amanda Hall
Josh Shelor
Open
Vacant
Vacant
BOARD OF EOUALIZATION OF REAL ESTATE
ASSESSMENTS
Term of Office: 3 years (appointed by Circuit Court)
Wendel lngram
N. Jackson Beamer, lll
David A. Prosser
Nancy Duffy
Gill R. Roseberry
BOARD OF ZONING APPEALS
Term of Office: 5 years (appointed by Circuit Court)
F. Van Gresham
David E. Derr
Winston J. DuBois
Gary Lynn Eanes
Robin R. Dearing
(will not accept reappointment)
ALTERNATES:
Frank Sellers
Vacant
Vacant
4-14-2021
CONVENTION & VISITORS BUREAU
Carey Harveycufter No term limit
(resigned March 2016
1-30-18
1-30-18
't-30-15
1-30-17
1-30-17
3-09-19
3-09-20
3-09-20
3-09-17
3-09-17
3-09-18
3-09-18
3-20-17
3-30-18
6-05-19
3-20-20
3-20-16
5-10-17
7-01-13
7-01-'16
7-01-16