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Home My WebLink About9/26/2016 - City Council - Agenda -RegularSalem City Council Work Session Agenda September 26, 2016 City Manager’s Conference Room City Hall 114 North Broad Street, Salem 6:30-7:30p.m. I. Call to Order II. Roll Call III. Discussion Items a. Follow-up on Sign Ordinances, Jay b. Update on Neighborhood meeting – Civic Center property, Kevin c. Other topics for discussion, City Manager IV. Adjournment City Council Meeting Monday, September 26, 2016, 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 acceptance of the minutes from the September 12, 2016 Work Session and regular meetings. 5.Old Business A.Amendment of City Code Consider ordinance on second reading amending Chapter 82, Article IV, Sections 82-101, 82-103, 82-107(b), 82-109, 82-110, 82-111 AND 82-113 pertaining to tax on prepared food and beverages. (Passed on first reading at September 12, 2016 meeting.) B.Amendment to City Code Consider ordinance on second reading amending Chapter 82, Article V, Sections 82-138, 82-139, 82-142, 82-146 and 82-14, pertaining to transient lodging tax. (Passed on first reading at September 12, 2016 meeting.) 6.New Business A.Special Exception Permit Hold a public hearing to consider the request of Layman Candy Company, Inc., property owner, and Gregg Sports Enterprises, LLC, lessee, for the issuance of a Special Exception Permit to allow athletic instruction services on the property located at 1637 East Main Street, Tax Map # 77-3-13. (As advertised in the September 8, and September 15, 2016 issues of the Salem Times Register.) Recommend approval with proffered conditions; see Page 1 of Planning Commission minutes.) STAFF REPORT B.Salem School Board Hold a public hearing and receive views of citizens and candidates regarding the appointments to fill the expiring terms for Artice M. Ledbetter and John Andrew "Andy" Raines. (As advertised in the September 15, 2016 issue of the Salem Times Register.) C.Senior Trips Consider request to adjust budget for Senior trips. Audit - Finance Committee D.Civ ic Center Property To authorize the City Manager to execute a contract between Spartan Development & the City of Salem for the sale of a 6.75 acre parcel located at 1001 Boulevard-Roanoke, Salem, Virginia, Tax Map # 57-1-2. (Public hearing was held on July 25, 2016.) Supplemental Item 7.Closed Session A.Closed Session Hold a closed session pursuant to provision of Section 2.2-3711A(3) of the 1950 Code of Virginia, as amended, to discuss property the City may wish to sell. Supplemental Item 8.Adjournment Audit-Finance Committee Meeting, Mo nd ay, Septemb er 26, 2016, 8:00 a.m., City Manager's Conference Room Work S es sion Meeting, Sep tember 26, 2016, 6:30 p.m., City Manager's Conference Roo m |TEM # +A DAIE q- 2Je-lV UNAPPROVED MINUTES CITY COUNCIL WORK SESSION September 12, 2016 A work session of the Council of the City of Salem, Virginia, was held in the City Manage/s Conference Room, 114 North Broad Stree! Salem, Virginia, on September 12, 2016, at 6:oo p.m., there being presentthe following members ofsaid Council, towit: Byron Randolph Foley, John C. Givens, Jane W. lohnson, William D. Jones, and James A. N4artin; with Byron Randolph Foley, presiding; together with Kevin S. Boggess, CityManaget Rosemarie B.lordan, Darector of Finance, Melinda J. Payne, Director of Economic Development, Mary Ellen Wines, Zoning Administrator and Benjamin w. Tripp, City Planneq and the following business was transacted: Mayor Foley reported that this date, place, and time had been set in orderfor the Council to hold a work session; and WHEREAS, Ms. Payne gave an economic development update; and WHEREAS, [,,lr. Taliaferro gave a presentation on zoning uses; and WHEREAS, Ms. Wines gave a presentation on the sign ordinance; and WHEREAS, Mr. Tripp gave a review ofthe falade grants; and WHEREAS, there was no further discussion to be had, Mayor Foley adjourned at 7:24 p.m. N-4ayor Clerk of Councal City Council Meeting MINUTES Mondau Seotember 12.2016. 7:30 PM Council Chambers, City Hall, 1 14 North Broad Street, Salem, \4rginia 24153 1 Call to Order 2. Pledge ofAllegiance 3. Bid Openings, Awards, Recognitiors 4. ConsentAgenda A. Minutes Corsider acceptance of the minutes from the August 22, 2016 Work Session and regular meeting. B. Financial Report Consider the Statement of Revenues and Expendihres for one month ending July 31,2016. 5. Old Business A. Western Virginia Regional Industrial Facilities Act Consider ordinance on second reading reiterating findings as to the Westem Mrginia Regional krdustrial Facilities Authority and authorizing execution of the first arrrcnded and restated agreement creating such authority. (Passed on first reading at August 22, 2016 meeting.) Jane Jolrrson motioned to approve the ordinance on second reading reiterating findings as to the Westem Virginia Regional Industrial Facilities Authority and authorizing execution of the first amended and restated agreement creating such authority. William Jones seconded the motion Ayes: Foley, Givers, Johrsoq Jones, Martin 6. New Business A.Amendment of City Code Corsider ordirance on first reading amending Chapter 82, Article IV Sections 82- 101, 82-103,82-107(b), 82-109, 82-110,82-111AND 82-113 pe(ainingto tax on prepared food and beverages. Mr. Yost stated he would speak on Agenda items 6,4, and 68 together relating to prepared food and beverages and trarsient lodging tax. They are similar and are trust taxes. If you are a custorner ofa restaurant or a hoteVmotel, the tax part of the bill paid to the proprietor is the City of Salem's property and becomes so the moment it is handed to the proprietor. If that money is not transferred over to the City in accordance with these ordinances, a crime has been connnitted. The amendments made to the ordinances does not change the operating procedure and how the taxes are collected. There was new language added regarding the reporting timeframes for the remittance of the taxes and the reports. The criminal penalties that are involved if the taxes are not tumed over to the City were clarified and higfiighted. Mr. Jones asked how the City educates the business owners and Mr. Yost stated the Commissioner of the Revenue and the Treasure have the right to prepare rules and regulations but basically the Code covers all of that. He further stated when someone applies for a business license for a hoteVrnotel or restaurant, they are advised and told at that tirne what they need to do. Mce-Mayor Givens asked Mr. Yost if we could move passage on both items 6,{ and 68 at the same time. Mr. Yost confirmed Council could. Vice-Mayor John Givers motioned to approve ordirance on first reading amending Chapter 82, Article II{ Sections 82-101, 82-103, 82-107(b), 82-109, 82-110, 82-111 AND 82-1 l3 pertaining to tax on prepared food and beverages. William Jones seconded the motion Ayes: Foley, Givers, Johnson, Jones, Martin Amendment to City Code Consider ordinance on first reading amending Chapter 82, Article Y Sections 82- 1 3 8, 82- I 39, 82- I 42, 82-1 46 and 82-l 4, pertaining to trarsient lodging tax. Mce-Mayor John Givens motioned to approve ordinance on first reading amending Chapter 82, Article V, Sections 82-138, 82-139,82-142,82-146 and82-14, pertaining to transient lodging tax. William Jones seconded the motion B. C. Ayes: Foley, Givens, Jolnsorl Jones, Martin Department of Rail and Public Transportation Consider Resolution 1302 supporting Roll on/Roll offbicycle accommodations for bicycles on Amtrak passenger rail service Mr. Boggess stated Resolution 1302 encourages Amtrak to give corsideration on the train to allow commuter bicyclist facilities to be able to ro11 on and roll offof the train once it arrives with passenger service in Roanoke in 2017. Basically, it is an additional space requirement to accorffnodate a bicycle on the train car. The City of Salenl along with other conununities in the valley are showing support by adopting a resolution. Jane Johnson stated it does not mean this will happen but it will show support. Mce-Mayor John Givens motioned to approve the ordinance on first reading amending Chapter 82, Article IV, Sections 82-101, 82-103, 82-107(b), 82-109,82- I10, 82-111 AND 82-113 pertaining to tax on prepared food and beverages. Jane Johnson seconded the motion. Ayes: Foley, Givens, Joksorq Jones, Martin Boards and Commissions Consider appointments and reaftirming vacancies on Boards and Commissions. Bill Jones reconrnended reappointrnent for Rosie Jordan to the Regional Alcohol Safety Action Program Policy Board and the Regional Community Crimirnl Justice Board, both effective July 1, 2016 for a three year terrn Tom Bowers to be appointed the Regional Alcohol Safety Action Progam Policy Board, effective July 1, 2016 for a three year terrn Sherriff Eric "Ric" Atkins to be appointed to the Regional Safety Action Prognm Safety Action Program Policy Board, effective July l, 2016 for a three year terrn For the Community Policy & Management Team (CPMT), \4ce-Mayor Givers recommended appointing Rosemary Walker to replace Kimberly ke, Shannon Brabham to replace Patience O'Brien, Josh Shelor to replace Stacy Sheppard and the notification of the end of the term for Dr. Stephen Richerson, the private provider will be June 30,2017. Mce-Mayor Givens also recommended reappointing Morris Elan\ Jr. to the D. Roanoke Valley Greenway Connnission for an additional three year ternl ending May 26,2019. William Jones motioned to consider appointments and reaftirming vacancies on Boards and Connnissions. Jane Johnson seconded the rnotion Ayes: Foley, Givens, Johrsoq Jones, Martin E. AppropriationofFunds Consider request to accept and appropriate the CDBG Downtown Salem Planning Grant. Audit - Finance Comminee \4ce-Mayor John Givens motioned to accept and appropriate the CDBG Downtown Salem Planning Grant. William Jones seconded the motion. Ayes: Foley, Givens, Joluson, Jones, Martin F. AppropriationofFunds Corsider request to appropriate funds for the Thonpson Memorial Corridor and I-and Use Planning and Design Project. Audit - Finance Comnlttee Mce-Mayor John Givens motioned to appropriate funds for the Thonpson Memorial corridor and Land Use Planning and Design Project. James Martin seconded the motion Ayes: Foley, Givers, Jotrrsoq Jones, Martin G. Appropriation of Funds Corsider request to accept and appropriate the State Honreland Security Program (SHSP) grant. Audit - Finance Committee Mce-Mayor John Givers motioned to accept and appropriate the State Homeland Security Program (SHSP) grant. William Jones seconded the motion Ayes: Foley, Givens, Jolnsoru Jones, Martin H. AppropriationofFunds Consider request to arnend storm water permit fees appropriation process. Audit - Finance Comnritte e Mayor Foley asked ifthese fees are collected when a developer comes in and is it based on the size of the lot? Chuck Van Allman stated there is a fee the City collects depending on the size ofthe development and there are also budgeted annunts that are put in yearly for the City's permit fees, filings and special projects. If there are any funds left over in a given year, they can be rolled over into the next year. James Martin asked if there is a list of backlogged projects and if this will help address sorne of those issues. Chuck Van Allman stated it would, and it could also be used in the future for water quality issues and localized public education and ouheach projects. Vice-Mayor John Givens motioned to amend storm water permit fees appropriation process. William Jones seconded the nption Ayes: Foley, Givens, Joluson, Jones, Martin I. Appropriation of Funds Consider request to accept and appropriate funding from Mrginia Department of Transportation for multimodal improvements along Boulevard Roanoke. Audit - Financc Committee Mayor Foley stated this is on the Boulevard in front of the Veterars Administration and is on the bus route side therefore it would help citizers utro ride the bus as well as those trying to access the Veterans Administration because currently there is no sidewalk there. \4ce-Mayor John Givens motioned to accept and appropriate funding from Mrginia Departrnent of Transportation for multimodal inprovements along Boulevard Roanoke. William Jones seconded the motion Ayes: Foley, Givens, Jo}usoq Jones, Martin J. Tidewater Street Contract Consider for approval the agreernent for purchase of sale ofreal property, Tax Map # 164-l-9,located at ll12 Tidewater Street. Supplernental Item Mr. Taliafeno stated there is a proposed contract for Council's consideration for one property on Tidewater Sffeet that the City does not owr Over the years the City has accumulated the properties in that area wittr the idea the City could corsolidate all of the water department operatiors onto one site. Currently, the City has the water plant on Mill lane and Tidewater and the rnaintenance crews are on Spring Street. Eventually, the Cif would like to have everyone under one roof. Also, if the City has all of those properties adjacent to the old Timber Truss property there is an economic developrnent opportunity. There is a five or 10 acre property there. The Lee family owrs that property and have agreed to sell the property for the assessed value *trich is $150,000. Bill Jones asked ifwe are sharing the clean-up cost and Mr. Taliafeno stated the Lee family are responsible for the first $5,000 in disposing of non-hazardous materials and the City is resporsible after that. The Street Department does not know the weight of the materials on the property but they did a rough estirnate ofbetween $4,000 and $8,000 for the costs. Mayor Foley asked Mr. Taliaferro if he anticipated selling the property adjacent to Iowe's where the maintenance people are. Mr. Boggess stated the City would probably sell that proper! due to it having cornrnercial potential' Mce-Mayor John Givens motioned for approval of the agreement for purchase of sale of real properry, Tax Map # 164-l-9,located at 1112 Tidewater Street. William Jones seconded the motion Ayes: Foley, Givens, Johnsoq Jones, Martin 7. Closed Session 8. Adjoumment The meeting adjoumed at 7:58 P.rn ITEM #.5A oxll'au-l{p " AN ORDINANCE TO AMEND, REVISE AND REORDAIN CHAPTER 82, ARTICTE IV, SECTIONS 82-101,82.103, 82-107(b), 82-tO9,82-L70,82-111 AND 82-113 pERTA|NtNG TO TAX ON pREPARED FOOD AND BEVERAGES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, THAT SECTIONS 82.101, 82.103, 82. 107(b), 82-109, 82-110, 82-111 AND 82-113 ARTICLE lV, CHAPTER 82, ofThe Code ofthe City of Salem, Virginia, be amended, revised and reordained to read as follows: CHAPTER 82 ARTICLE IV. - TAX ON PREPARED FOOD AND BEVERAGES Sec. 82-101. - Definitions. The following words and phrases, when used in this article, shall have, for the purposes of this article, the following respective meanings except where the context clearly indicates a different meaning: Carer means the furnishing of food, beverages, or both on the premises of another, for compensation. Caferer means a person who furnishes food on the premises of another for compensation. Commissioner of the revenue means the commissioner of the revenue of the city and any of his duly authorized deputies, assistants, employees or agents. Food means all food, beverages or both, including alcoholic beverages, purchased in or from a food establishment, whether prepared in such food establishment or not, and whether consumed on the premises or not, and without regard to the manner, time or place of service. Food establishmenl means any place in or from which food or food products are prepared, packaged, sold or distributed in the city, including but not limited to, any restaurant, dining room, grill, coffee shop, cafeteria, cafe, snack bar, lunch counter, convenience store, movie theater, delicatessen, confectionery, bakery, eating house, eatery, drugstore, ice cream/yogurt shops, lunch wagon or truck, pushcart or other mobile facility from which food is sold, public or private club, resort, bar, lounge, or other similar establishment, public or private, and shall include private property outside of and contiguous to a building or structure operated as a food establishment at which food or food products are sold for immediate consumption. Meal means any prepared food or drink offered or held out for sale by a food establishment for the purpose of being consumed by any person to satisfy the appetite and is ready for immediate consumption. All such food and beverage, unless otheMise specifically exempted or excluded herein shall be included, whether intended to be consumed on the seller's premises or elsewhere, whether designated as breakfast, lunch, snack, dinner, supper or by some other name, and without regard to the manner, time or place of service. Person means any individual, corporation, company, limited liability company, association, firm, partnership, sole proprietorship, or any group of individuals acting as a unit. Purchaser means any person who purchases food in or from a food establishment or from a caterer. Se//er means any person who sells food in or from a food establishment or €eter6Jee, as a caterer. Treasurer means the treasurer of the city and any duly designated deputies, assistants, inspector or other employees. Sec. 82-103. - Collection of tax by seller. Every person receiving any payment for food with respect to which a tax is levied hereunder shall collect and remit the amount of the tax imposed by this article from the person on whom the same is levied or from the person paying for such food at the tlme payment for such food is made: provided, however, no blind person operating a vending stand or other business enterprise under the.lurisdiction of the Department for the Visually Handicapped and located on property acquired and used by the United States for any military or naval purpose shall be required to collect or remit such taxes. All tax collections shall be deemed to be held in trust for the city. A. All repotts and remiltances required under this article shall be made on or before the last day of each month, covering the amount of tax collected during the preceding month. B. The situs for taxation for any tax levied on the sale of food and beverages or meals shall be the city in which the sales are made, namely the local@ in which each place of business is located without regard to the locality of delivery or possible use by the purchaser. The term "sale" means a final sale to the ultimate consumeL C. lf any person ,ras a definite place of business or maintains an office in more than one locality, then such other locality may impose its tax on the sale of food and beverages or meals which are made by such person, provided the locality imposes a local tax on the sale of food and beverages or meals. Sec. 82-107. - Penalty for violation of article. (a) Any person willfully failing or refusing to file a return as required under this article shall, upon conviction thereof, be guilty of a class 1 misdemeanor except that any person failing to file such a return shall be guilty of a class 3 misdemeanor if the amount of tax lalvfully assessed in connection with the return is $1,000.00 or less. Any person violating or failing to comply with any other provision of this article shall be guilty of a class 1 misdemeanor. (b) Except as provided in subsection (a) above, any corporate, er partnership or limited liability company otficet, as defined in Code of Virginia, S 58.1-3906, or any other person required to collect, account for, or pay over the meals tax imposed under this article, who willfully fails to collect or truthfully account for or pay over such tax, or who willfully evades or attempts to evade such tax or payment thereof, shall, in addition to any other penalties imposed by law, be guilty of a class 1 misdemeanor. (c) Each violation of or failure to comply with this article shall constitute a separate offense. Conviction of any such violation shall not relieve any person from the payment, collection or remittance of the tax as provided in this article. Sec. 82-109. - Discount. For the purpose of compensating sellers for the collection of the tax imposed by this article, every seller shall be allowed three percent of the amount of the tax due and accounted for in the form of a deduction on his monthly return, provided the amount due: fa) is not delinquent at the time of payment, and (b) remitted by the seller and received by the commissioner of the revenue on or before the 2N day of the month following the month of collection. Sec. 82-110. - Enforcement of article; duty of commissioner of the revenue. The commissioner of the revenue shall promulgate rules and regulations for the interpretation, administration and enforcement of this article. lt shall also be the duty of the commissioner of the revenue to ascertain the name of every seller liable for the collection of the tax imposed by this article who fails, refuses or neglects to collect such tax or make the reports and remittances required by this article. The commissioner of the revenue may have issued a summons for such person and may serve a copy of such summons upon such person in the manner provlded by law. One return of the original summons shall be made to the general district court for the city. Police powers are hereby conferred upon assistants, employees and agents while engaged in their duties pursuant to this article, and they shall exercise all the powers and authonties of police officers in performing such duties. The commissioner of the revenue shall have all of enforcement powers as authorized by Articte l, Chaptet 31 of Title 58.1 of the Code of Virginia, 1950, as amended. Sec.82-111. - Procedure upon failure to collect, report, etc. lf any seller, whose duty is to do so, shall fail or refuse to collect the tax imposed under this a(icle and to make, within the time provided in this article, the reports and remittances mentioned in this article, the commissioner of the revenue shall proceed in such manner as he may deem best to obtain facts and information on which to base his estimate of the tax due. As soon as the commissioner of the revenue shall procure such facts and information as he is able to obtain, upon which to base the assessment of any tax payable by any seller who has failed or refused to collect such tax and to make such report and remittance, he shall proceed to determine and assess against such seller the tax and penalties provided by for this article and shall notify such seller, by registered mail sent to this last known place of address, of the total amount of such tax and penalties, and the total amount thereof shall be payable within ten days from the date such notice is sent. All food and beverage tax collections and all meals tax collections shall be deemed to be held in trust. The wrongful and fraudulent use of sucf, collections other than remittance of the same as provided by law shall constitute embezzlement pursuant to the Code of Virginia 1950, as amended. Sec. 82-113. - Penalty for late remittance or false return. (a) lf any seller, whose duty it is to do so, shall fail or refuse to file any report required by this article or to remit to the city treasurer the tax required to be collected and paid under this article within the time and in the amount specified in this article, there shall be added to such tax by the city treasurer a penalty in the amount of ten (10) percent for t,e first month the taxes arc past due and five (5) percent for each month thereafter up to a maximum of twenty-five (25) percent of the taxes collected but not rcmilted, or $10.00, whichever is greater. Provided, however, that the penalty shall, in no case, exceed the amount of the tax assessab/e. iffi payment previously levied fer ea6h additional 30 days er fraetien thereef dsring whi€h the failur€ (b) ln the event that any tax under this section is not paid by the due date, interest n ay commence not earlier than the first day following the day such taxes are due by ordinance to be filed, al lhe tate not to exceed e{ ten (r0, percent per year. @@ (c) ln the case of a false or fraudulent return with intent to defraud the city of any tax due under this article, a penalty of 50 percent of the tax shall be assessed against the person required to collect such tax. 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 A. Martin - William D. Jones - Jane W. Johnson - John C. Givens - Byron Randolph Foley - Passed: Effective: Mayor ATTEST: James E. Taliaferro ll Clerk of Council City of Salem, Virginia rEM#54- g5g at-3lo-lb AN ORDINANCE TO AMEND, REVISE AND REORDAIN CHAPTER 82, ARTICLE V, SECTIONS 82-138,82-T39' 82-T42,82-T46 AND 82-147, PERTAINING TO TRANSIENT LODGING TAX. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, THAT SECTIONS 82-138, 82- 139,82-L42,82-145, AND 82-147, Article V, Chapter 82, of The Code of the City of Salem, Virginia, be amended, revised, and reordained to read as follows: CHAPTER 82 ARTICLE V. . TRANSIENT LODGING TAX Sec. 82-138. - Collection and payment of tax. Every provider of lodging with respect to which a tax is levied under this article shall collect the amount of tax imposed under this article from the purchaser on whom such tax is levied at the time payment for such lodging becomes due and payable, whether payment is to be made in cash or on credit, by means of a credit card or otherwise. The amount of tax owed by the purchaser shall be added to the cost of the lodging by the seller, who shall pay the taxes collected to the city as provided in this article. Taxes collected by the seller shall be held in trust by the seller until remitted to the city. All reports and remittances requircd under this article shall be made on or before the last day of each month, covering the amount of tax collected during the preceding month. Sec. 82-139. - Reports and remittances generally. Every provider of lodging with respect to which a tax is levied under this article shall make out a report upon such forms and setting forth such information as the commissioner of the revenue may prescribe and require, showing the amount of lodging charges collected and the tax required to be collected, and shall sign and deliver such report to the city treasurer with a remittance of such tax. Such reports and remittance shall be made en-€F+efrrr€+he-20th4ay of each month, covering the amount of tax collected during the preceding month. Sec. 82-142. - Discount. For the purpose of compensating providers for the collection of the tax imposed by this article, every seller shall be allowed three (3/ percent of the amount of the tax due and accounted for in the form of a deduction on his monthly returni provided the amount due (a, is not delinquent at the time of payment, and (b) remitted by the se//ers and received by the commissioner of the revenue on or before the 2N day of the month following the month of col/€cflon. Sec. 82-146. - Penalty for late remittance or false return. (a) lf any provider of lodging, whose duty it is to do so, shall fail or refuse to file any report required by this article or to remit to the city treasurer the tax required to be collected and paid under this article, within the time and in the amount specified in this article, there shall be added fer{ex+y+h*iry+rea€ue p€nelty in th€=fie ten pereent rf the failure i6 n6t f€r mere than 30 days; with an additienal ten per€ef,t ef+h€+€ta+€ tax ewed aleng w eaeh additienal 30 d€ys €{ fraGtien thereef during whi6h the failure eentinuesi net te ex6eed 25 per6ent i to such tax by the city treasurer a penalty in the amount of ten (10) percent for the first month the taxes are past due and five (5) percent for each month thereafter, up to a maximum of twenty-five (25) percent of the taxes collected but not remitted or $10.00, whichevq is greater. Provided, however, that the penalty shall, in no case, exceed the amount of the tax assessabre. (b) ln the event that any tax under this section is not paid by the due date, intercst may commence not earlier than the first day fo owing the day such taxes are due by ordinance to be filed, al the rate not to exceed et ten (r0) percent per year. @@ (c) ln the case of a false or fraudulent return with intent to defraud the city of any tax due under this article, a penalty of 50 percent of the tax shall be assessed against the person required to collect such tax. Sec. 82-147. - Penalty for violation of article. Any person violating, failing, refusing or neglecting to comply with any provision of this article shall be guilty of a classS , misdemeanor. Conviction of such violation shall not relieve any person from the payment, collection or remittance of the taxes provided for in this article. An agreement by any person to pay the taxes provided for in this article by a series of installment payments shall not relieve any person of criminal liability for violation of this article until the full amount of taxes agreed to be paid by such person is received by the treasurer. Each failure, refusal, neglect or violation and each day's continuance thereof shall constitute a separate offense. 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 A. Martin - William D. Jones - Jane W. Johnson - John C. Givens - Byron Randolph Foley - Passed: Effective: Mayor erur6Jrn 'uales lo ^lrc lrcunoc jo IJelc ll oJralerlel f sauref :lsf tj.v rEM#&-t- CITY OF SALEM PLANNING COMMISSION STAFF REPORT Prepared byl City Administrative Staff 1) 3) oATE q-2-lp-lb ITEM #,I Meeting Date: September 14, 2016 Report prepared: September 8, 2016 RE: Hold public hearing to consider the request of Layman Candy Company, lnc., property owner, and Gregg Sports Enterprises, LLC, lessee, for the issuance of a Special Exception Permit to allow athletic instruction services on the property located at 1637 East Main Street Oax Map #77-3-13). SITE CHARACTERISTICS: Zoning: LM Light Manufacturing Future Land Use Plan Designation: Commercial Existing Use: Vacant industrial building Proposed Use: Athletic instruction services BACKGROUND INFORMATION: The subject property consists of one parcel of about an acre. lt is located on the norlheast side of the intersection of Electric Road and East Main Street. The property also has frontage on Dalewood Avenue. The property is currently occupied by a vacant industrial building. The applicant is requesting to use the property as Athletic lnstruction Services for baseball training and similar activities. lssuE: This property is subject to the following previously proffered conditions: 1. A 50' setback will be obseNed from the centerline of Dalewood Avenue should the rentel property be moved for future building expansion. 2. Proper screening will be provided on the north side of the property. ALTERNATIVES: Recommend approval of the request to City Council as submitted. Recommend approval of the request with conditions not yet received. Recommend denial of the requesl. 1 inch = 100 feet 0 50 100 200 lrrrlrrtl Feet ITEM # 1 SEPTEMBER 2016 PLANNING COMMISSION 1637 EAST MAIN STREET CITY OF SALEM Community Deelopmcnt Deprrtm.nt P O Box 869 Salem, Virginia 2,1153{t69 Phom: (5,10) 375-1032 EXISTING ZONING FUTURE LAND USE I r.re-arr-+rl ! arrarp E prar E otyu-t 72 ae -4lrcrtuncrsfid ! eco - arsiness@mm Dsrict I cuo - coregdttli*n ty ottrict : OBO - DornlM Buimla Ostrict ! nao - xtgtHay BJdms osfii ! XU - Xeavy M$uecuring Oisfict i - r-u - r-i6t uadsctrring Disrid , PUD - Plannod Unit Disticl ! na - aeCoeotlal B6in€$ crslrid- RMF - R€sid{tjd Mrlti+amly tjisfict [l nurrna - nsidentlal Multi-Family/Residenlial BuEre Dstrid RSF - R$idential SinglE Family DBlrict r Rsrng - Roidential sirple FatrilyrR6irs$al &/6iB$ clstricl.- -' RSF/FMF - Rsidentisl SirElo FmlyrRsidstial Mult+amty Dstrict I r-raz.r-ts .r.-il cnc'r f l p.* ffi cvum lcmmut tr rirau lmm ;tuilEPfr.dR.6d0l Iffiod@rm --lnmrf raa f rrmr rilbt ' -l xeD/Hu - t-iistilay &rsines/tlmvy Marufacluring Dshcl ffi nsrnao - narioatial Singian-]iglilsy Busin6s ostri1 l-l HaOtU - xrgrwy BGtnssrt-rght Mill,adrng Oisria !$B RSF/LM - R€3i&ntial Singls Family/ught Mrl,acr[irg ,'.:? t-irnrN - r-iShr umufaduing/tieavy M*lJfactJing Dsurt RSF/TBD- R€idar{ialsing|e Famiiy/TEmitiorEl Busims Elisbict ' MHP- Manrfact ed Hmo Pail Dislict I TBD - TENitimalBu6ine6s Dstricl PETITION FOR SPECIAL EXCEPTION PERMIT City of Satetu Deparunent ot'Planning ud Development 2. Location Melinda J. Payne. Director Email: 41pgy9g@5319311939y Judy Hough, PLnnrr Em a il : 0os9!!o!3b!,!!3lpy Telephone: 54&37$3007 LL Fo tJ So /. -. Ben Trlpp, Planner Ernsil : Ulnjplasdgotltsrl! ,i r)N{' L4 lszA&ress t63-7 7:] Subd ivisien- ofiicial Tar Map Number: 3. Characteristics of Property Size (Aueage): Dead Restriclions: Present Use: Present Zoning Classifi cat,on: Land Use Plan 4. Proposei use o[ propeny y'a Mailing Address: lelaptaneNt]fijfrt 5?, 3 €1 ..4t;0o X / 3 Afiidavitl A. The uMersigned person(s) certife3 thst lhis petitim and the fo{egoing aNu,ers, sht6ments, and ohe' inrormatlon herewith submitted are h all rcsp€ch true and conect to lhe best of thsir knowledge and belief, Also, the peltjoner understands that a 'llotice of Zoning Request' siln will be Posted on lhe property by the City. Signed:I ue g/z*y'e lntereS in Properly: Mailing Address; Office Use Only: O Sec. 106-524(8)tr Sec, 106-524(C)"Uso Not Provlded For'' Telephone is to be conducted: September 1, 2016 Exeotive SeGetary Salem Planning Commission 114 North Broad Street Salem VA 24153 RE: Special Exception Permit Request 1637 E. Main Street Tax Map #77-3-13 We respectfully request the approval of a Special Exception Permit to allow the above- referenced property to be used for athletic instruction services. We primarily do individual and team instruction for baseball and softball. Thank you for your consideration in this matter. 'H*,4,na fr Gregg Sports Enterprises, LLC 61, elno8 eluloll^ aAUO lu "nNait/ wot,?lvg (n o),L 1 9. (, 4,oo n"-Z (D ! s@E iot '" is It -. !- Z --.a__ lr \, rt' - 16 '9!E> *aBiet ori o (o Bco 8 j aa f (o 6l 'ts8aili [[; ool=,r!€!8 H'ri;"Bq g n' @ iti -.1 1 rr! ?mI ;(,, '!l' Tax Parcel 77 -3-13 9i 1 HEr 5ii=TIS9nt AFFADAVIT OF MAILING PURSUANT TO 515.2.22c/. CODE OF VIRGINIA PLANNING COMMISSION September 14,2016 ITEM # 1 This is to certify that I mailed letters in reference to the Special Exception Permit request of Layman Candy Company, lnc., property owner, and Gregg Sports Enterprises, LLC, lessee, to allow athletic instruclion services on the property located at 1637 East Main Street (Tax Map # 77-3-13) to the following property owners and adjacent property owners on September 2,2016, in the 2:OO p.m. mail: BACON, ZACHARY L & BACON, CAROLINE M 2671 WOODS MEADOW LN SALEM VA 24153 LAYMAN CANDY CO INC PO BOX 1015 SALEM VA 24153 ROTENBERRY BRIAN S 34 DALEWOOD AVE SALEM VA 24153 WRIGHT, MORGAN O 1OO DALEWOOD AVE SALEM VA 24153 BELL MICHAEL W 451 HIGHFIELD RD SALEM VA 24153 GIVENS GEORGE W JR 1320 SAINT JUDE ST SALEM VA 24153 Signed City of Satem Commonwealth of Viginia The foregoing instrument was acknowledged before me this Notary Public My commission expires: ROTENBERRY LARRY D 34 DALEWOOD AVE SALEM VA 24153 RAIN CORPORATION 10616 HUNTING SHIRE LN FAIRFAX STATION VA 22039 EAST MAIN AND 419 LLC 2OO BYWAY RD HUDDLESTON, VA2410/. MARKS, STANLEY C MARKS, MILORED L,I03 DALEWOOD AVE SALEM, VA 24153 GREGG SPORTS ENTERPRISE, LLC 5719 BIGHORN DRIVE ROANOKE, VA 24018 day of _,2O_,W UNAPPROVED MINUTES PI-ANNING COMMISSION September 14, 2015 A regular meeting ofthe Planning commission ofthe city ofSalem, Virginia, was held in Council Chambers, City Hall, 114 No.th Broad Street, at 7:00 p.m., on September 14, 2016, there being present all the members of said Commission, to wit: Vicki G. Daulton, Bruce N. Thomasson, limmy W. Robertson, Samuel R. Carter, and Denis€ P. King; with Vicki G. Daulton, Chair, presiding; together with James E. Taliaferro, ll, Assistant City Manager and Executive Secretary, ex officio member of said Commission; Charles E. Van Allman, lr., Director of Community Developmenu Benjamin W. Tripp, City Planner; Mary Ellen Wines, Zoning Administrator; and William C. Maxwell, Assistant City Attorney; and the following business was transacted: The luly 13, 2015, work session and regular meeting minutes were approved as written. ln re: Hold Dublic hea.inq to consider the reouest of Lavman Candv ComDany. lnc.. p.ooertv owner. and Greqq Sports Enterorises, LLC. lessee, for the issuance of a So€cial Exceotion Permit to allow athletic instruction services on the propertv located at 1637 East Main Street fiax Map f 77-3-13) The Executive Secretary reported that this date and time had been set to hold a public hearing to consider the request of Layman Candy Company, lnc., property owner, and Gregg Sports Enterprises, LLC, lessee, for the issuance of a Special Exception Permit to allow athletic instruction services on the property located at 1637 East Main Street (Tax Map f 77-3-13); and WHEREAS, the Executive Secreta.y funher reported that notice of such hearing had been published in the September 1 and 8, 2015, issues of the Salem Times Resister and adjoining property owners were notified by letter mailed Septembet 2,2016; and WHEREAS, staff noted the following: the subject property consists of one parcel of about an acre; it is located on the northeast side of the intersedion of Electric Road and East Main Street; the property also has frontage on Dalewood Avenue; the property is currently occupied by a vacant industrial buildin& the applicant is requesting to use the property as athletic instrudion services for baseball training and similar activities; this property is subject to the following previously proffered conditions: 1) a 50' setback will be observed from the cehterline of Dalewood Avenue should the rental property be moved for future building expansion;2)proper screeningwill be provided on the north side ofthe property; and 2 WHEREAS, Rick Gregg of Gregg sports Enterprises, LLc, lessee, appeared before the Commission explaining the Special Exception Permit request; he noted that his bu5iness does baseball and softball instruction and he also has teams that train in his facility; he noted that it is not a large business, and he usually only has maybe five or six cars in the parking lou there are some times when he might have 10 or 12, and on a rare occasion 20 or 25 maybe once or twice a year; they offer free coaches clinics for the little leagues, and they will have a large Broup who might attend those; their hours are generally 4 to 7 pm during the weekdays and on the weekends 9 am to 1 pm; and WHEREAS, Commissioner King asked where the business is presently located, and Mr. Gregg noted that it is in the Cave Sp.ing area; Mrs. King asked why he would like to move to Salem, and Mr. Gregg noted that they sold the buildin8 where he is located now; through the process of looking around, he found the old Layman Candy Company building; Mrs. King noted that he certainly found a sports-oriented town, and Mr. Gregg noted he knew this and is very familiar with Salem; and WHEREAS, Vice Chair Thomasson asked Mr. Gregg is the building was adequate, and Mr. Gregg noted that the portion of the building he is leasing will work perfect for this business; and WHEREAS, Commission Member King asked if he was aware of the proffered conditions for the property, and Mr. Gregg noted that he had seen those in the staff report; and WHEREAS, Chair Daulton asked if the proffers would be the owner's responsibility orthe lessee's responsibility, and Mary Ellen Wines, ZoninB Administrator, noted that the proffers are attached to the property and would be part of the lease; Mrs. Daulton asked if the lessee is aware they would have to abide by the proffers, and Mrs. Wines noted that they were; Mr'. Daulton asked Mr. Gregg if they would require any additional lighting other than what is currently there, and Mr. Gregg noted he has asked the property owner for a light over the door they will be using, but no other parking lot lighting; and WHEREAS, Commission Member Robertson asked Mr. Gregg if the building he would be using was the one located straight ahead cominB into the property from East Main Street, and Mr. Greg8 noted that he would be in the building located closest to Dalewood Avenue; Mr. Robertson also asked if he would have entry from Dalewood Avenue, and Mr. Gregg noted that they would be using Dalewood Avenue; and 3 wHEREAS, Chair Daulton asked when he hoped to 8et into the building, and Mr. Gregg noted that he would like to be up and running by October 1't since the City Council meeting will be on the 26th; he further noted that he has moved out of the old building, and everything is sitting in storage; and WHEREAS, no other person(s) appeared related to said requesu ON MOTION MADE BY COMMISSIONER KING, SECONDED BY COMMISSIONER CARTER, AND DULY CARRIED, the Plannin8 Commission of the City of Salem doth recommend to the Council of the City of Salem that the request of Layman candy company, lnc., property owner, and Gregg Sports Enterprises, LLC, lessee, for the issuance of a Special Exception Permit to allow athletic instruction services on the property located at 1637 East Main Street (Tax Map # 77-3-13) be approved with the following proffered conditions: 1) a 50'setback will be observed from the centerline of Dalewood Avenue should the rental property be moved for future building expansion; 2) proper screening will be provided on the north side of the property - the roll callvote: allaye. There being no further business to come before the Commission, the same on motion adjourned at 7:08 p.m. Executive Secretary Chair ,rwo-Gb oerc 1'zt"1tp NCYTICE OF PI'BLIC IIEARING Pursuant to Section 22.1- 29.1ofthe Code ofVir- ginia, as amended to date, notice is hereby giv- en that the Council of the City of Salem will hold a public hearing at 7:30 p.m., September 26, 2016, in the Council Chambers of City Hall, 114 North Broad Street, Salem, Vi.r- ginia, to receive views of citizens within the Salem School District regarding an appointment to fill the expiring terms ofone member of the City of Salem School Board. All candidates seeking ap- poiutment to the City of Salem School Board must apply in writing with r6sumds. Candidates may be interviewed individu- ally by City Council. THE COUNCIL OF THE CITY OF SALEM, \'IR. GINIA James E. Taliaferro, II Clerk of Salem City Council 1906 Millslr€am Drive Phone ( 0) 387-4494 Salem, Meinia 24153 Fax (540) 387-4468 E-mail ledt€tte.team@comcest. net Artice M. Ledbetter obrective To seek reappointment to the Salem City School Board. Employnent 07/04/ Io-present New Hope Presbyterian Church Salem, VA Part-time Ghurch Secretary. Responslble for produclng a weekly bulletin and a monthly newsletter. Also maintaln the church's website, answer phones, and responslblo fol running office. 06/01/90 - 01/15/98 Allstate lnsurance Company Sterling Heights, Ml lrrurance Agent . Responsible for selling and servicing auto, property, and life insurance. Education 06/81 - 06/85 lndiana University Bloomington, lN B.A" T Eummaryof qualifications Salem City ScrFol Boad (l/1l+rccent) . Responsibilities include (but not limited to): Maintaining and implementing school policy; annual development and presentation of school budget; developing strategic plan includtng annual review and every 2 year update of 6-year strategic plan, annual performance evaluation of Supenntendant. Past Teachlng l€ader for BiUe Strdll Fellowslrip lnternational Roanoke, VA . OBIU - 512011 . Responsible for the teaching, administration, and staffing of the BSF class. This includes screening and interviewing children's leaders and volunteers, interviewing potsntial discussion leaders, maintaining cordial relations with host church, training leaders, conducting stafi meetings, and delivering a 40 minute lecture weekly for 32 weeks. . Past Dbcussion Leader ficr Bible Study Fellowship (1/03€/04) - Facilitated group of 15 women during bible study. Volunteer exDedonce Director of Youth Ministries at Shiloh Baptist Church Member of Salem Prevention Planning Committee Letter of lntent - 2016 Salem City School Board Reappointment (evin Eoggess, City Manager CityofSalem, Virginia 114 North Broad Street Salem, Virtinia 24153 John Andrew "Andy" Raines 1305 Winston Drive 5alem, Virginia 24153 Home: 540-389-4079 Mobile:540-355-2431 arainesmail@comcast.net Wednesday, August 17, 2016 Mr. Boggess, I am sendin8 you this letter to officially submit my name for consideration for reappointment to the Salem City School goard in the upcoming three year cycle. Please pass along my appreciation and intent to Mayor Foley and the members of City Council. I understand that there is a Public Hearing on Monday September 25th, 2015. I will coordinate with my chair, vice- chair, and clerk to prepare appropriately for that meeting. I have lived in Salem for more than quarter century, and have raised and educated my children in the Salem City Schools, I live and work in the city limits, and lam also registered to vote in salem. I am available at any time if you need additional info.mation from me. I cenainly value and appreciate your assistance in the past, aod on this matter. I look forward to seeing you, your staff, and the Council Members on the 26th in Council Chambers. Sincerely, Andy Raines Background information in addition to Board Tenure for Andy Raines, candidate for reappointment Salem City School Board, September 2016 lnformation about mv famllv: - | have been married for the past 25 years to Amy Richardson Raines, a lifelong resident ofsalem, traduate of Virginia Tech, and 25 year teacher in the salem School Division, currently at East Salem as a First grade teacher.- Father to Olivia Anne Raines, a Salem High School graduate and "Forth year./Senior at UVA.- Father to Mark Andrew Raines, an 11th Grader at Salem High School.- We live on Winston Drive in the City of Salem. lnfotmatlon about my current work and erperience:- I am the founder and owner of a local insurance firm, Valley Asset & Risk Management, and the co-owner of a recent start- up insurance wholesaling and advisory group, tpA Agency, LLC. based in HarrisburB, pA. ' Currently and for the past six years I have served as the Sales Oirector and Business Development Manager for Fairway Financial Partners, LLC based in Roanoke County. FFP is an Insurance Brokerage operation, and a subsidiary of Roanoke based National Financial Services - a locally owned independent insurance agency operating in Roanoke for over 1OO years.- I have spent the past 23 years in the Financial Service lndustry in a variety of positions, most notably as the Regional Vice President for several well known companies including Wells Fargo (as First Union), Riversource (as American Express), and [incoln Financial. - I am a graduate of James Madison University in Mass Communications (Now Ditital Media Arts) and worked for eight years in corporate, promotional, and broadcast video production, including at WOgJ in Roanoke. Backsround that contributes to mv lnterest In servinr the Sal€m City Schools:- ln addition to my wife and sister-in-law (both Salem City teachers), I come from a family of educators. My grandmother was a teacher in Dickenson County, and both my parents were educators in Abingdon.- My mother was a Chemistry teacher at Abingdon High School and earned both her Masters and Doctoral degrees in Education and continued to teach in the classroom throughout her career.- My father completed his career at Emory & Henry College teaching advanced mathematics, and led new teachers into the field as the Dlrector ofthe Neff Education Center for Teacher Trainint.- Prior to that, and during my formative years as a student in the Washington County Schools, my father served as principal of John Battle High School, as oirector of Secondary Education, as Assistant Superintendent for lnstruction, as Acting Superintendent, and finally as Superintendent of Schools in Washington County.- His tenure as suPerintendent of Schools came during my high school years, and was during the controversial and volatile "school Book BanninS" battle in washington county, and during a period of rebuilding the school lnfrastructure includlng the construction of four new Elementary Schools.- Ouring my adult years, my father and I had ongoing discussions about his participation in the early development of what is today's 50L program, about the role of the local boards and the state Department of Education, of hls passion to personally teach in-service and recertification sessions to the teachers of Southwest Virginla, and of his ac ve participation in the Southern Association ofSchools and Colleges, developing policy positions and leading accreditation teams in the field.- lalso helped my father, in the lafter part of his career, insure the continued enthusiasm and passion for what would come to be called the B.G. Raines Education Forum sponsored by Emory & Henry College and still held annually at the Southwest Virginia Higher Education Center in Abingdon. nrl-*--(,C.- oarc A-z*-lrp AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: September 26,2016 AGENDA ITEM: Request to adjust budget for Senior Trips SUBMITTED BY: Rosemarie B. Jordan Director of Finance SUMMARY OF INFORMATION: The City of Salem Senior Center organizes many out of town trips during the year. The Senior Center sets the fees charged for each trip, which cover the costs associated with the trip. The fees participants pay are recorded as trip revenue and the costs associated with the trips are recorded as expenditures. Trip participation has increased greatly over the past months, resulting in the need to adjust the trip fee revenue and expenditure budgets for FY17. ,FISCAL IMPACT: Adjust the FY'17 operating budget for trip fee revenue and expenditure to more accurately reflect results. STAFF RECOMMENDATION: City staff requests Council to increase the budget for the Senior Trip revenue account, 1 0-070-01 00-46645 by $45,000 and increase the budget for the Senior Trip expenditure account, 1 0-070-7'l 35-55824 by $45,000. llEM# 60 DNE*#H^ NOTICE OF PUBLIC HEARING - Notice is hereby given to all rnterested persons that the Council of the City of Salem, at its regular meeting on July 25, 2016, at 7:30 p.m., in Council Chambers of the City Hall, 114 North Broad Street, in the City of Satem, Virginia, wilt hold a public hearing to crnsider the sale of the following parcels: 1) Adjacent parcels known as 3 East Main Stre€t, Salem, Virginia, Tax Map # ,106- 8-1 1 , consisting of 0.913 acres and 16 East Clay Street, Salem, Virginia, Tax Map # 106-8-3 consisting of 0.149 acres (supeqacent airspace only, including but not limited to appurtenant easements). 2) Adjacent parcels known as 100 South Broad Street, Salem, Virginia, Tax Map # 122-7 -5, consisting of 0.248 acres and 1 0 West Buruvell Street, Tax Map # 122-7 - 3, consisting of 0.497 acres (superjacent airspace only, including but not limiled to appurtenanl easements). 3) Parcel known as 200 East Clay Street, Salem, Virginia, Tax Map # 106-11-4.1, consisting ot 0.227 acres, (superjacent airspace only, including but not limited to appurtenant easements). 4) A parcel known as 2005 Cook Drive, Salem, Virginia, Tax Map # 256-1-2, being approximately 0.31 acres of a portion of a 2.56-acre tracl. 5) A parcel situated in Roanoke County, Virginia, Tax Map #054.04-01-10.00-0000 known as 4127 West Main Street, Salem, Virginia, being approximately '14.84't acres. 6) A parcel knorn as 1001 Boulevard-Roanoke, Salem, Virginia, Tax Map *57-1-2 up to a maximum of 10 acres of unimproved land situated on the south side of Texas Street and extending in an easterly direclion along Texas Street, approximately 1000 linear feet from the southeast interseclion of Boulevard- Roanoke and Texas Street. Questions concerning the proposed sale may be addressed to the Office of the City Manager, City Hall, 114 North Broad Street, Salem, Virginia, at 375-3016. At said hearing, parties 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. Taliafeno, ll, Clerk of Salem City Council