HomeMy WebLinkAbout4/25/2016 - City Council - Agenda -RegularCity Council Meeting
Monday, April 25, 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 April 11, 2016 Work Session and regular
meetings of Salem City Council.
5.Old Business
6.New Business
A.Special Exception Permit
Hold public hearing to consider the request of Abraham Glick, property owner, for the
issuance of a Special Exception Permit to allow a truck and construction equipment paint
and body shop and used automobile dealership on the property located at 1015 Indiana
Street (Tax Map #186-7-5). (Advertised in the April 7, and 14, 2016, issues of The
Roanoke Times. Recommend approval; see Page 1, Planning Commission minutes.)
STAFF REPORT
B.Special Exception Permit
Hold public hearing to consider the request of Hugh W. Killinger, III, property owner, for the
issuance of a Special Exception Permit to allow a detached garage in excess of 1,000
square feet on the property located at 201 Homeplace Drive (Tax Map #263-2-4).
(Advertised in the April 7, and 14, 2016, issues of The Roanoke Times. Recommend
approval; see Page 4, Planning Commission minutes.) STAFF REPORT
C.Special Exception Permit
Hold public hearing to consider the request of Donald. E. Hale, property owner, for the
issuance of a Special Exception Permit to allow a detached garage in excess of 1,000
square feet on the property located at 357 Red Lane (Tax Map #87-6-4). (Advertised in the
April 7, and April 14, 2016, issues of The Roanoke Times. Recommend approval; see Page
5, Planning Commission minutes.) STAFF REPORT
D.Lev el 3 Communications, LLC
Hold public hearing to consider the request of Level 3 Communications, LLC, to authorize
a Right-of-Way Use Agreement. Also, consider authorization of the Pole Attachment
Licensing Agreement. (Advertised in the April 7, and 14, 2016, issues of the Salem Times.)
E.Roanoke Valley Greenway Commission
Consider Ordinance on first reading revising the Intergovernmental Agreement amending the
Roanoke Valley Greenway Commission between the City of Roanoke, the County of
Roanoke, the Town of Vinton, the City of Salem, to include the County of Botetourt.
F.Appropriation of Funds
Consider request to appropriate delinquent real estate taxes, penalties and interest. AUDIT
- FINANCE COMMITTEE
7.Closed Session
8.Adjournment
Audit Finance Committee, Monday, April 25, 2016, 8:00 a.m., City Manager's Conference Room
mM# r/-r
DATE +-r.S-ltp
UNAPPROVED IVINUTES
CITY COUNCIL WORK SESSION
April r:., zo16
A work session of the Council of the City of Salem, Virginia, was held in the council
Chambers Conference Room, 114 North Broad Street, Salem, Virginia, on Aprit 11,2016, at
5:30p.m., there being present the following members of said Council, to wit: Byron Randolph
Foley, lane w. Johnson, William D. lones, and James L. Chisom; with Byron Randolph Foley,
presiding; together with Kevin S. Boggess, City Manageri Rosemarie B. Jordan, Director of
Finance, Ms. Melinda Payne, Director of Planning 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, N4s. Payne updated Council regarding the Economic Development in Salem;
and
WHEREAS, lvlr. Boggess discussed with Council the vacancies to date for the Boards &
Commissions. Mr. Boggess asked Councilto consider how they would like to proceed with the
resumes we currently hold; and
WHEREAS, there was no further discussion to be had, Mayor Foley
ad.journed at 7:27 p.m.
N4ayor
Clerk ofCouncil
City Council Meeting
MINUTES
Monday. April I I. 201 6. 7:30 PM
Council Chambers, City Hall, 114 North Broad Street, Salem, Vrginia 24153
l. Call to Order
The meeting was called to order at 7:30 p.rn
2. Pledge of Allegiance
3. Bid Openings, Awards, Recognitions
4. Consent Agenda
A. Minutes
Consider acceptance of the minutes from the March 28, 2016 Work Session and
regular meetings of Salem City Council.
Received as presented
5. Old Business
A. Taxicabs
Consider issuance of Certificates of Public Convenience and Necessity for the next
twelve (12) montts, beginning April 1,2016; continued from March 14,2016
meeting. (Public hearing was held at January 25,2016 meeting and previously
advertised in the February 25, and March 3,2016, issues of the Salem Times
Register.)
Mr. Boggess stated the Salem Police Department has provided written
documentation showing the repairs have been made and recommends approval of
Certificate of Public Necessity and Convenience to Salem Cab Services, L[,C.
Vice-Mayor John Givem motioned to award the certificates of Public Necessity and
Convenience to Salem Cab Services, Lrc, trading as Salem Taxi and Roanoke Taxi.
William Jones seconded the motion
Ayes: Chisorrl Foley, Givens, Johrson, Jones
6. New Business
A. Presentation of Salem School Division Budget
Receive presentation from the chairman of the Salem School Board regarding the
2016-2017 budget pursuant to Secrion 8.5 ofthe 1950 Code ofVirginia, as
amended.
Received as presented
7. Closed Session
8. Adjoumment
Meeting adjoumed at 7:48 p.m
N'EM# bA
DATE '1-25-lb
ITEM #1CITY OF SALEM
PLANNING COMMISSION
Prepared by:
City Administrative Staff
STAFF REPORT
Meeting Date:
April 13,2016
Report prepared:
April 7, 2016
RE: Hold public hearing to consider the request of Abraham Glick, property owner, for the
issuance of a Special Exception Permit to allow a truck and construction equipment paint
and body shop and used automobile dealership on the property located at 1015 lndiana
Skeet (Tax Map #186-7-5)
SITE CHARAGTERISTICS:
Zoning: HBD Highway Business District
Land Use Plan Designation: Commercial
Existing Use: Temporary office trailer
Proposed Use: Truck and construction equipment paint and body shop and used automobile
dealership
BACKGROUND INFORMATION:
The subject property consists of one parcel of approximately .96 acres, located at the intersection
of Ninth Street and lndiana Street, near the former Valleydale Meat Packaging Plant. The property
is currently zoned HBD Highway Business District and is occupied by a small temporary office.
This request is for a Special Exception Permit to allow Automobile Dealership, Used, and
Automobile Repair Services, Major. The applicant states that he would like to develop the
property for use as a truck and construction equipment body repair and painting facility. The
development will include a 60' X 60' metal building.
lsE:
ln accordance with Section 106.400, this request will require a site plan to be approved by the
city prior to any development commencing and will likely be subject to paved parking, landscaping,
and stormwater requirements, among others.
Both Automobile Dealership, Used, and Automobile Repair Services, Major are subject to the Use
and Design Standards found in Section 106-310.3, and 106-310.5 respectively.
ALTERNATIVES:
1) Recommend approval of the Special Exception Permit to City Council as submitted.
2) Recommend approval of the request with conditions not yet received.
3) Recommend denial of the request.
EXISTING ZOIIING
MAP FEATURES
t-
Zoalte
I-*.-*I**--*E**-*I-'***
I-
EY: ffi
-I
LAND USE PLAI{
IAPFEATURES
Frran L.ad l.LC-eut.I corxacnl
I oornrrowr
I Ecoxatrc DEvELoPTTENT aREA
I rousrruet
I l'rsrt7urroN^L
E EXEUSE
! erreltc eenxs at{o REcREAYroil
RESIOE'{TIAL
YRAi aStTlOl{AL
I-*---
I
PETITION FOR SPECIAL EXCEPTION PERMIT
City of Salem Deparnunt otPlanning and Developutent
Melinda J. Payne, Director
Email: moavne@salemva.oov
Judy Hough, Planner
Email: ihouoh@salemva.oov
Telephone: 540-37S3007
Ben TriPP, Planner
Email: blriop@salemva.oov
1. Legal ome(s) of Drooertv.wherein special exception is to be conducled:
AMA LA,.Y\G I i c ly, p rbpUzly oDNeIz
ll
2, Location of Property:gK
Address:
Offcial Tax Map Number:
3. Characteristics of PmPertY:
Size (Acreage):
;f Deed Restictions:
Present Use:
Present Zoning Classification:
Land Use Plan Designation:
4, Proposed use of
5. Agent(s) or replesenhtive(s) of owne(s): (Specify interest)
Mailing Address:
Telephone Number:
,/6. Aftidavit:
A. The undersuned person(s) certifes that this ptition and the foregoing ansrvers, statomBnts, and other
information herewith submitted are in all respects true and conect to the best of their knowledge and beliel
Request" sign will be posbd on the property by theAlso, the petitioner understands trat a "Notice olcity / -2 (/
Signed:
lntercst in Proierty:
Mailing Address:
Offico Uso only:
{ s"". roo-szqa1 tr Sec. 106-524(C) "Use Nol Provided For'
Telephone Number:
.//
_oatet /v4/prtr
April S,2O{6
Executive SecretarY Salem
Planning Gommission
114 ilorth Broad Street
Salem VA2415,3
RE: Speelal Exceptlon Permit Request
lO{5 lndiana Street Salem VA
Tax Map:{86.7€
.689 acre Vacant Lot HBD
! am Requesting fhe Gommission to conslder The Speclal
Exception Permit Request for the above referenced property
to a!!ow a Truck and Gonstruction equlpment, paint and
body shop and a automobile Dealenship on the said Property.
Thank You for your consideratlon.
Sincerely,
Abraham GIick
City of Salem - Real Estate Application
I*I .
flolc scari *D
P&dilfl gFilhd I
0 Asslssno I le0d tlomlon
0 Cur loris ldfimtoo
oqrdhtlf,fr|
Ta!ltlaorumon 1e67.5
$xl r r 10{10
$xleft H.I
Slxlniln llu{t sT
hrhl M
R.litrld ls
tunnmt t
Prs.i/&ic ,toll.r{
Im{ H0
PrBilr!. cl
Dfir dmh 0 0091C
$0llad !m
http://gis. salemva. gov/
About Salem I Nevrs & EvenG lGovernment I Livino rn Salem I Deparimenls I Fmolovmenl I Eusiness
1 {EIPIIF s
Page I of 1
4t8/2016
AFFADAVIT OF MAILING PURSUANT TO 515.2-2204
CODE OF VIRGINIA
PLANNING COMMISSION
September 16,2015
This is to certify that I mailed letters in reference to the Special Exception Permit request of
Abraham Glick, property owners, to allow a truck and construction equipment paint and body
shop and used automobile dealership on the property located at 1015 lndiana Street (Tax Map #
186-7-5) to the following property owners and adjacent property owners on April 6, 2016, in the
2;OO p.m. mail:
.COM PROPERTIES IV LLC SMITH SHERRILL L & SMITH
1401 COULTER DR MA/ MAXINE F
ROANOKE, VA24012 PO BOX907
SALEM, VA 24153.0907
ITEM # 1
MEADOWS EDWARD JACKSON &
NANCY GAY
43 UPLAND DR
SALEM, VA 24153
DBMB, LLC
844 ROANOKE BLVD
SALEM, VA 24.I53
ABRAHAM GLICK
4601 TWELVE O'CLOCK KNOB
RD
ROANOKE VA 24018
Signed
Ciry ofSalem
Commonwealth of Virginia
The foregoing instsument was acknowledged before me this
Notary Public
My commission expircs:
day of _,2o-by
Date
rtrrr+&E-
sar t-2s-ll,
CITY OF SALEi'I ITEM #2
PLANNING COMMISSION
STAFF REPORT
Prepared by: Meeting Date:
City Administrative Staff April 13, 2016
Report prepared:
April 7, 2016
RE: Hold public hearing to consider the request of Hugh W. Killinger, lll, property owner,
for the issuance of a Special Exception Permit to allow a detached garage in excess
of 1,000 square feet on the property located at 201 Homeplace Drive (Tax Map
#263-24).
SITE CHARACTERISTICS:
Zoning: RSF Residential Single Family District
Land Use Plan Designation: Residential
Existing Use: Single family dwelling
Proposed Use: Construct a detached garage excess of 1,000 square feet
BACKGROUND INFORMATION:
The subject property is located on Homeplace Drive. lt consists of 6+ acres and is currently
occupied by an existing one plus story home with a garage.
lSSUES:
The petitioner wishes to construct a garage with an area of 2,000 square feet. A Special
Exception Permit is required for structures exceeding '1,000 square feet.
ALTERNATIVES:
'l) Recommend approval of the Special Exception Permit to City Council as submifted.
2) Recommend approval of the request to City Council with conditions not yet received.
3) Recommend denial of the request.
EXISTII{G ZONIITG LAI{D USE PLAI{
gornePlad
Earl Dr
rer Dr
(D
a
3
MAP FEATURES
Zonhgw-**
IQ.*"--I*.--.--'.-nfl - *.--
I-*--*
Sgrj *.
I
r
I-.--d*r-.---
IAP FEATURES
Fulrrc Lattd t !.
Caieorlrs
I corn ERctAL
! oowxrown
! ecoxoxtc o€vEl-oPrrExl ^R€a! r.ousrntrl
P utsnrunouu
! urxeu-use
! ruelc eecxs aNo REcREaTtorr
]l aesroer.rrral
I TRAxsrttoNAf
-
PETITION FOR SPECIAL EXCEPTION PERMIT
City of Salen Department of Planning and Development
3. Ch aractoristics of Pmp€rly:" " ;;;a;;;r*i *'" z, a/z-
Melinda J. Payne, Director
Em ail : trpaylel@rale0lajly
Deed Restrictions:
Present
Present Zoning
Land Use Plan
use of pmpeny:
Judy Hough, Planner
Email: ihouoh@salemva oov
Telephone: 540.375-3007
Ben TriPp, Planner
Email: btriop(Asalemva oov
Location of Property:
Ofiicial Tax l\4ap Number:
5. Agent(s) or representative(s) ol property owne(s); (Specify interest)
Mailing Address:
Telephone Number:
6. Affidavit:
A. Tho undersigned person(s) certifies that this petition and the loregoing ansr,rers, slatements, and other
information herewitir submitted are in all respects true and correct to the best ol their knowledgo and belief.
Also, the petitioner understands that a "Notice of Zoning Requesf sign will be posted on tho property by the
City.-7 3*n/4
lnterest ln Prfrerly:
Mailing Address:
Office Use Only:
tr Sec. 106-524{8)O Sec. 106-524(C) ''Use Nol Provided Foi'
Telephone
Apr 03 16 07:45p Killingar's Floot Service 540400$266 p.1
April 1,2016
Executive Seuetary
Salem Planning Commission
114 Nor$ Broad Street
Salem VA 24153
RE: Special Exception Permit Reque$t
201 l-lorne place Drive
TaxMaqfrl6!24
I respecttully reguest the approrral of a Special Exception Permit to allow a detached
garage in excess of 1,000 square tset on the abovlrBErenced pfoperty.
Thank yor for your concideration in this rrater-
Hugh W Klllinger lll
-x' AS sHow! oN lHE FEMA FLooD INSURANCE
RATE MAP. THIS NETERMINATION IS BASED ON SAID MAP AND
\ HAS NOT BEEN VERIFIED BY ACTUAL FIELD ELEVANONS'
\
{R-k'.
.
so
ti.,l+z lrffi,;}
NO'IES:,t. IHIS PLAT IS SUBJECT TO INFORMATION WHICH MAY BE
DISCLOSED BY A T]TLE REPORT BY A LICENSED ATTORNEY.
2. 'IHE SUBJECT PROPERTY IS WIHIN IHE UMITS OF ZONE
\
NEW LOT 2
1.244 AC.
No.
1.o.r.c
.\s
/r\.\
NEW LOT 5
6.792 AC.N/F PROPERTY OF
L. EARL SIMMS
rAx # 272-002-001
"#;il
BUILDING PERMIT PLOT PLAN FOR
illHUGH W. KILLINGER,
OF NEW LOT 3
DIAMONO CREST ESTATES
P.B. 5, PG. 90
SALEM, VIRGINIA
A:.7
TPPaS r.-P_. PAEXER & soN
EN6tNEEra !l! Itolrrnt!
sunwevori Pdt Ol[oa loa Ee
PLANNERT 8.1e. Ylrrbh 34158
SCALE:1"=
DA]E:
NET{ I,oT 5
0.o2 Ac.
l,' a..\3\
NEW LOT 4
2.015 AC.
g- 44422
v
AFFADAVIT OF MAILING PURSUANT TO S15,2-2204
CODE OF VIRGINIA
PLANNING COTiIISSION ITEM # 2
April 13,2016
This is to certify that I mailed letters in reference to the Special Exception Permit request of
Hugh W. Killinger, lll, property owner, for the issuance of a Special Exception Permit to allow a
detached garage in excess of 1,000 square feet on the property located at 201 Homeplace Drive
(Tax Map #263-24'1lo the following property owners and adjacent property owners on April 6,
2016, in the 2:00 p.m. mail:
HALE ROGER WAYNE GREEN ANNE MARIE FAME THOMAS M & FAME LEAH M
2420 FRANKLIN ST 103 UNION ST 221 HOMEPLACE DR
SALEM, VA 24,153 SALEM, VA 24.153 SALEM, VA 24153
SIMMS FAMILY LIMITED HUGH W KILLINGER III
PARTNERSHIP OHE) 201 HOMEPLACE DRIVE
155 DIAMOND RD SALEM VA 24153
SALEM, VA 24153
Signed
City of Salem
Commonwealth of Virginia
The foregoang instrument was acknowledged before me this
-
day of 2O_,by
Notary Public
My commission expires:
Date
rrEt\]t # (a c
I rfi', t'-
DATE +-25-lh
ctw oF SALEM iTEM #3
PLANNING CO]UII{ISSION
STAFF REPORT
Prepared by: Meeting Date:
citiAdministrative staff
t";lirlr.;,1rJ"1",
April 7, 2016
RE: Hold public hearing to consider the request of Donald E. Hale, property owner' for
the issuance of a Special Exception Permit to allow a detached garage in excess of
1,000 square feet on the property located at 357 Red Lane (Tax Map #87€'4).
sII@RAcIEB!sI!cs,:
Zoning: RSF Residential Single Family District
Land Use Plan Designation: Residential
Existing Use: Single family dwelling
Proposed Use: Construct a detached garage excess of 1,000 square feet
BACKGROUND INFORMATION:
The subject property is located on Red Lane near the interseciion with McClung Skeet. lt
consists ol .244 aqes and is currently occupied by an existing one story home.
ISSUES:
The petitioner wishes to construct a garage with an area of 1,400 square feet. A Special
Exception Permit is required for structures exceeding 1,000 square feet.
ALTERNATIVES:
1) Recommend approval of the Special Exception Permit to City Council as submitted.
2) Recommend approval of the request to City Council with conditions not yet received.
3) Recommend denial ofthe request.
lllG
Zoalrgw-**
I-.b._bI*.--....**tsil D.E"--*r-'***
EXISTII{G ZONING
MAP FEATURES
LAIID USE PLA]I
XAP FEATURES
Frrtlrc Lrnd lrsC
Cr.gdl..
- couraERcrAl
! oowxrowu
I Ecoxorarc DEVELoFMENT aRCA
! nousrnrel
El lNsrrTt rloNAL
I rer(Eusc
|| euauc eeaxs aNo R€crrEATIorr
:f REsroErnaL
I rrensrrtoerel
I
,ttra
-oo
?+
I
PETITION FOR SPECIAL EXCEPTION PERMIT
CiO of Saten, Departn e,tt oJ'Planning and Developmenl
Melinda J. Payne, Director
Email: moavne@salemva.oov
Judy Hough, Planner
Email: ihouoh@salemva.oov
Telephone: 540-375-3007
Ben Tripp, Planner
Email: btrioo(Osalemva.oov
wherein special exception is to be conducted:
2. Location of Property:
Address:
Official Tax Map Number:
3. Characteristics ol Property:
Deed
Present
Present Zoning Classifl cation:
Land Use Plan
4. Proposed use of property:
Size (Acreage):
5, Agent(s) or representative(s) of property owne(s)r (Specify interest)
Mailing Address:
Telephone Nurnber:
Affidavit:
A. The undersigned person(s) certifies thatthis petition and the foregoing answers, statements, and other
inlormation herewith submitted are in all respects true and conecl to the best of their knowledge and belief.
Also, the petilioner understands that a "Notice of Zoning Request' sign will be posted on the property by the
City.
Signed:
Mailing Address:
Offic€ Use Only:
f. sec. roo-sz+141 tr Sec. 106-524(C) "Use Not Provided For"
odr': 3-25 -/ b
Telephone Number:
April r, 2016
Executive Secretary
Salem Planning Commission
114 North Broad Street
Salem VA 24153
RE: Special Exception Permit Request
357 Red Lane
Tax Map #87-6-4
We respectfully request the approval of a Special Exception Permit to allow a
detached garage in excess of 1,000 square feet on our property located at 357
Red Lane.
Thank you for your consideration in this matter.
ff;t.(#A"
REAR ELEVATION
/ ----- ._---'r---\
L.
RTGHT SIDE ELEVATION FRONT ELEVATION
&Effiry
s2'3
-E€ -
A^-I J:4
LEFT SIDE ELEVATION
ITlolclztc,t>Elolz
t,lrl>
{
I
i!iEiirll t
In !
t
lot>lzID
F
hlo
t:
lili
'El:
'ili
rlt
iiE
!--r:-+ <1 { r'
- - - -,- - --- --- -- t
_----u .l
oto
HARRY F. FORD III
ArlLolNo oRAFf INO g.rv.
2ll2o SomDl. Ata S. E.
Roonok., Vlrginio 24OI4
Phon.540-521-2585
L.nl. l*-
NEW GARAGE
Mr. I Mrs. DoNALD E. 9,.EEL]NP4,.F. HALE
-.:eo
L$te gALElr, vlRolNlA
UNAPPROVED MINUTES
PLANNING COMMISSION
April 13, 2016
A regular meeting of the Planning commission of the city of salem, Virginia, was held in
Council Chambers, City Hall, 114 North Broad Street, at 7:OO p.m., on April 13, 2016, there being
present the following members of said Commission, to wit: Vicki G. Daulton, JimmY W'
Robertson, samuel R. carter, lll, and Denise P. King (Bruce N. Thomasson - absent); with vicki G.
Daulton, Chair, presidin8; to8ether with James E. Taliaferro, ll, Assistant City Manater and
Executive Secretary, ex officio member of said Commission; Melinda J' Payne, Director of
PlanninS & Developmenu William L. Simpson, Jr., Assistant City Engineer; Beniamin W. Tripp,
Planner; Judy L. Hough, Planner; Mary Ellen Wines, Zonint Administrator; and William C.
Maxwell, Assistant City Anorney; and the followinB business was transacted:
The January 13, 2016, work session and regular meetint minutes were approved as
written.
ln re: Hold public hearinr to consider the reouest of Abraham Glick. orooertv owner.
for the issuance of a Soecial Exceotion Permit to allow a truck and
construction eouipment paint and bodv shoo and used automobile dealershiD
on the property located at 1015 lndiana Street (Tax Mao #18G7-5)
The Executive Secretary reported that this date and time had been set to hold a public
hearing to consider the request of Abraham J. Glick, property owner, for the issuance of a Special
Exception Permit to allow a truck and construction equipment paint and body shop and used
automobile dealership on the property located at 1015 lndiana Street (Tax Map f185-7-5); and
WHEREAS, the Executive Secretary further reported that notice of such hearing had been
published in the March 31, and April 7,2016, issues ofthe Salem Times Rerister: and
WHEREAS, staff noted the followint: the subiect property consists of one parcel of
approximately .96 acres, located at the intersection of Ninth Street and lndiana Street, near the
former Valleydale Meat PackaSing Plant; the property is currently zoned HBD Highway Eusiness
District and is occupied by a small temporary office; this request is for a Special Exception Permit
to allow Automobile Dealership, Used, and Automobile Repair Services, Ma,ior; the applicant
states that he would like to develop the property for use as a truck and construction equipment
body repair and painting facility; the development will include a 50' X 60' metal building; in
accordance with Section 106-400, this request will require a site plan to be approved by the city
prior to any development commencint and will likely be subrect to paved parking, landscaping
2
and stormwater requirements, among others; both Automobile Dealership, Used, and
Automobile Repair Services, Major are subiect to the Use and Design Standards found in Section
106-310.3, and 106-310.5 respectively; and
WHEREAS, Abraham Glick of 4601 Twelve O'Clock Knob Road, Roanoke, property owner,
appeared before the Commission explaining the Special Exception Permit request; he noted that
he buys and sells military trucks and equipment such as mini excavators, cargo trucks, Humvees,
trailers, etc.; he noted that he is semi retired and kind of fell into the business; he found that he
had lots of spare time and he was having a lot of fun buying, selling and renovating the
equipmenu he owns the Countryway Store on Route 221 and started parking them in the back
ofthe property for a year or two but then it became overwhelming and he decided to look for a
lot for the business; he purchased this lot for this purpose, and he believes that this area will do
well for his business; he has already had a lot of local people stop by the property to see some of
the vehicles to learn more about them and even some of them are interested in purchasing; he
noted that he used to be in the auto paint and body business so he has a lot of experience in tha!
and
WHEREAS, Chair Daulton asked where he purchases the vehicles; Mr. Glick noted that he
buys them at military bases all over the country; and when he sells one he usually hauls the
vehicle to the buyer;
WHEREAS, Commissioner Carter asked if he was limiting himself to military vehicles or
does he anticipate selling other types of vehicles; Mr. Glick noted that he did not want to Bet too
zealous but if he finds a good deal and someone wants him to do something with it, then by all
means; but he is mostly interested in the military vehicles which is working out pretty well; he
noted that he might have sold 30 of them in the past two years; he might have sold a few farm
tractors but he is not interested in doing that; and
WHEREAS, Commissioner King asked if he was aware that a portion of the property lies in
the floodplain; he noted that he was aware of this; he noted that he was requested to get a
survey and elevation certificate for FEMA which will be done in the next few days; he explained
that he has a mobile office that he will be usin8 in his initial plan request, which will be mounted
on cinderblocks approximately 2' off the ground; the property will be paved and landscaped and
it will be a nice site which he will take pride in; Commissioner Carter noted that it will look a
whole lot better than it does now; and
WHEREAS, Commissioner Robertson asked if he would anticipate selling a lot of
American-style cars or was he planning to concentrate basically on the military vehicles; Mr. Glick
?
noted it would be basically military or construction-type heaw duty trucks; he feel this will be
more apropos for this industrial zone; it is not really a used car lot which is not his interest
anyway; he could possibly sell a crane construction vehicle or a boom vehicle but he is really
focusing on the military trucks; and
WHEREAS, Commissioner Robertson noted he has a relative that has purchased a lot of
this type of vehicles and has driven all over the country to get them; he uses them especially for
snow removal; Mr. Glick noted that they are really good for this type of use especially the cargo
trucks; and
WHEREAS, Commissioner Robertson asked Mr. Glick when he anticipated starting Phase
2 ofthe project, which would include the garage building; Mr. Glick noted that he iust obtained
the required permits for Phase 1; he plans to brin8 in the utilities, fix the mobile office, pave the
front, install a handicapped access, and also landscape; he hopes to initiate Phase 2 in an early
stage because it will be hard to work on the vehicles outdoors, especially in the winter time; this
will need to be done in an enclosed area; but at the same time, he is not puttinS too much
pressure on himself; and
WHEREAS, Commissioner Robertson noted that a site plan will be required for the
construction of the metal building; he stated that he may need to consult with staff about the
requirements for the parking of the vehicles on the lot such as areas of access, etc.; Mr' Glick
noted that he understood this; Mr. Robertson noted that he will also need to make sure he is in
compliance with the environmental aspect of paints, storage of paints, etc.; Mr. Glick noted that
he was aware of this, i.e. the exhaust, the stack and the filtration will all have to be up to code;
and
WHEREAS, Chair Daulton asked if staff will handle the site plan or would it come before
the Commission again; it was noted that the site plan review would be handled by staff; and
WHEREAS, no other person(s) appeared related to said request; and
ON MOTION MADE BY COMMISSIONER KING, SECONDED BY COMMISSIONER
ROBERTSON, AND DULY CARRIED, the Planning Commission of the Cityof Salem doth recommend
to the Council of the City of Salem that the request of Abraham J. Glick, property owner, for the
issuance of a Special Exception Permit to allow a truck and construction equipment paint and
body shop and used automobile dealership on the property located at 1015 lndiana Street be
approved (Tax Map fl18G7-5) - the roll call vote: all present - aye.
4
ln re: Hold oublic hearinr to consider the reouest of Hurh W. Killinrer. lll. orooertv
owner. for the issuance of a Soecial Exceotion Permit to allow a detached
rarare in excess of 1.(X)0 souare feet on the properw located at 201
Homeolace Drive ffax Mao t263-2-4)
The Executive Secretary reported that this date and time had been set to hold a public
hearing to consider the request of Hugh W. Xillinger, lll, property owner, for the issuance of
a Special Exception Permit to allow a detached tarate in excess of 1,0(X) square feet on the
property located at 201 Homeplace Drive (Tax Map 8263-2-4); and
WHEREAS, the Executive Secretary further reported that notice of such hearing had been
published in the March 31, and April 7, 2016, issues of the Salem Times Redster; and
wHEREAS, staff noted the followint: the subject property is located on Homeplace Drive;
it consists of 6+ acres and is currently occupied by an existing one plus story home with a garage;
the petitioner wishes to construct a garage $rith an area of 2,000 square feet; and a Special
Exception Permit is required for structures exceeding 1,0O0 square feeq and
WHEREAS, Hugh Killinger, lll, property owner, appeared before the Commission
explainint the Special Exception Permit request; he noted that he had a storage building next to
his house that has been used to store his lawn equipment as he has a big lot; he is planning on
retirint in a couple of years and they want to purchase a recreational vehicle; he has a garage
attached to the house that is 30 X 30, but he has two vehicles in there now plus he has two more
vehicles; so they need a tarage to house the vehicles plus the mowing equipment; he is hopint
to put the garage where the storage building was located; and
WHEREAS, Chair Daulton asked if he planned to tear down the storate building Mr.
Killinger noted that he had sold the storate building to his nephew, and the building has been
moved already; he noted that he had pictures and a set of plans for the tarate that he can show
the Commission; and he presented the pictures and plans to the Commission and explained
where the garage would be located on his property; and
WHEREAS, Commissioner KinB asked Mr. Killinger if he could explain to the Commission
where the garage would be located on the plat; he pointed out the location ofthe house and the
proposed garage; he also showed them pictures of what the garage might look like; and
WHEREAS, Commissioner King asked Mr. Killinger if he would be using the building for
any type of commercial or residential uses; Mr. Killinger noted that the 8ara8e would not be used
for commercial or residential uses; he noted that his business is located on St. John Road, right
behind the General Electric facility; he further noted that he is trying to 8et out of business; and
WHEREAS, no other person(s) appeared related to said request; and
ON MOTION MADE BY COMMISSIONER CARTER, SECONDED BY COMMISSIONER
ROBERTSON, AND DULY CARRIED, the Planning Commission of the City of Salem doth recommend
to the Council of the City of Salem that the request of Hugh W. Xillinger, lll, property owner, for
the issuance of a Special Exception Permit to allow a detached Sarage in excess of 1,(X)0 square
feet on the property located at 201 Homeplace Drive (Tax Map {253-2-4) be approved -the roll
call vote: all present - aye.
ln re: Hold oublic hearinr to consider the reouest of Donald E. Hale. orooertv owner.
for the issuance of a Soecial Exceotion Permit to allow a detached rarare in
excess of l.(X)O souare feet on the orooerw located at 357 Red Lane (Tax M.o
fl87-6-41
The Executive Secretary reported that this date and time had been set to hold a public
hearing to consider the request of Donald E. Hale, property owner, for the issuance of a
Special Exception Permit to allow a detached garage in excess of 1,00O square feet on the
property located at 357 Red Lane (Tax Map fl87-6-4); and
wHEREAS, the Executive Secretary further reported that notice of such hearing had been
published in the March 31, 2016, and April 7, 2016, issues of the Salem Times Rerister: and
WHEREAS, staff noted the following: the subject property is located on Red Lane nearthe
intersection with Mcclung Street; it consists of .244 acres and is currently occupied by an existing
one story home; the petitioner wishes to construct a garage with an area of 1,1t00 square feet;
and a Special Exception Permit is required for structures exceeding 1,0(X) square feet; and
WHEREAS, Donald E. Hale, property owner, appeared before the Commission explaining
the Special Exception Permit request; he noted that this is all about boys and their toys and he
wants to build a nice Sarage including a bathroom; it will not be for commercial use as he does
not work on cars, it is just for his collection; Chair Daulton asked if it would be used for residential,
and Mr. Hale noted that it would not be used for residential; and
6
WHEREAS, Mr. Hale discussed the construction of the garage and noted that it will be
prettier than anything on this end of the block including the houses; Mr. Carter noted especially
the one located directly to the south of him; Mr. Hale noted that he waited until he knew that
situation would be resolved before he sinks a considerable amount of money into this 8ara8e; he
further explained the construction of the garage and also noted that he is currently remodeling
the house so he wants the garate to tie into the house; and
WHEREAS, Commissioner King noted that it looks like he is planning to have three
entrances on one side and one entrance on another side for pulling an Rv through; he noted that
his wife does not think the other entrance is necessary, but they will figure it ouu it will be extra
expense, but it will also be pretty nice; and
WHEREAS, Commissioner Robertson asked if he was going to have a driveway around to
the one door, and Mr. Hale noted that the driveway will be beside the house; it will be offset over
to one side in order to use the door on the end; and
WHEREAS, no other person(s) appeared related to said request; and
ON MOTION MADE BY COMMISSIONER ROBERTSON, SECONDED BY COMMISSIONER
CARTER, AND DULY CARRIED, the Planning Commission of the City of Salem doth recommend to
the Council of the City of Salem that the request of Donald E. Hale, property owner, for the
issuance of a Special Exception Permit to allow a detached garage in excess of 1,0(X) square feet
on the property located at 357 Red Lane (Tax Map #87-5-4) be approved - the roll call vote: all
present - aye.
There being no further business to come before the Commission, the same on motion
adjourned al7:22p.m.
Executive Secretary
Chair
RIGHTS-OF-WAY USE AGREEMENT
THIS RIGHTS OF WAY USE AGREEMENI (the "Agreement" ) , made and
entered into t.hi s day of , 2016, by and betsween
Level 3 Communicatj-ons, LLC a limit.ed liability corporation
organized under the laws of the Staee of Delaware (tshe
"Provider" ) , and Ehe Cj-ty of sal-em, Virginia (the "City"). The
Provider and the City may collecEively be referred Eo herein as
the "Parties".
I{HEREAS. t.he Provider has requested that the City authorize
tshe Provider to use certain streets, alleys and publ-ic ways, as
shown on the aEtached Exhibit (Rights-of-way) of Ehe City for
Telecommunicat. ions purposes and to install, operate and maintsain
facilit.ies for the purposes of creating certain
Telecommunj-caEions capabif ities ; and
WHEREAS, the City has granted such rights to otsher providers
of Telecommunicat. ions by franchise or oEherwise; and
$IHEREAS, the Cit.y has not. adopEed an ordinance pursuant t.o
555-458.L of the Code of Virginia; and
WHEREAS, the City agrees to granc t.he Provider tshe non-
exclusive right to use the Rights-of-way upon the Eerms of this
Agreement; and
WHERBAS, the Provider has agreed to accept the Rights-of-Way
in accordance with the terms and conditions of this Agreement;
and
NOW, THEREFORE, in consideraEion of t.he mutual promises
covenants herein contained, the parties mutuafl-y agree
follows:
AS
ARTICLE I
AUTHORITY FOR USE OF RIGHTS-OF-WAY AND SCOPE OF AGREEMENT
nEM # GD-
p16'{-25-lte
and
1.1 The Provider int.ends to design, engineer, const.ruct,
acquire or cause to be constructed, facil-itsies and acguire
appropriate interest.s in real property or other righEs, all as
may be required to provide and maintain Tel-ecommunications
services in the Cj.ty and to l-ocations in communities adjacent to
the CiEy. The provider requests a granE from Ehe City to use the
Rights-of-Way to provide such Te lecommunications Service.
L.2 The Cit.y hereby agrees to provide access and use of
its Rights-of-way, as shown on the attachment.s, to the Provider
for the const.ruction, installation and maintenance of Provider's
Telecommunicat ions facil-it.ies wiEhin the CiEy.Under this
Agreement, t.he Provider may erect, instsaI1, construct, repair,
rep]ace, rel-ocat.e, reconstruct, remove and ret.ain in, on, under,
upon. across and along the Rights-of-way as shown on t.he
at.tachments (as approved by the City) such po1es, Iines, cabIe,
conducEors, ducts, conduitss, vaufEs, manholes, appliances,
pedestals. aEEachments and ot.her property and equipment as are
necessary and appurt.enant to the operation of t.he facilities,
provided tshat al-I applicable federal, sEatse and city permitss are
app]ied for and granted. all- fees are paid, and all other City
codes and ordinances i-n effect now or hereinafEer adopted are
otherwise complied with. The rights so accorded the Provider
under this Agreement include buE are not limited to, the right t.o
use the property of other companies and the right to permit other
companies to use its property. upon such arrangementss as such
companj-es may agree.
So far as practicable,
now in use i.n the City.
construed as tso requj-re t.he
to any of the City's pofes
the Provj-der shal1 use existing poles
However, nothing herein shal1 be
City to af l-ow tshe Provider to attach
. New poles will be pl-aced onfy at
2
locations approved by the City Manager or by the Council of the
\-r Ly .
1.3 Telecommunicat ions faciLities shall be builE, operated
and maintained in accordance with the National El-ectrical Safety
Code and industry standards.Provider's responsible 1ocal
contacts and telephone numbers are as foflows:
Michael Moran, Fie1d operations Manager
Level 3 Communications
496 Gallimore Dairy Rd, #F, Greensboro, NC 27409
,Jason smith, Senior Dj-recEor of Field operations
Level 3 Communications
5301 Departure Dr, Raleigh, NC 27515
The Provider shafl construct and maintain its1.4
Tel-ecommunications facilit.ies so as not to unreasonably interfere
with other uses of t.he Right.s-of -Way. The Provider shall make
use of existsing poles and oEher facil-ities where available to t.he
Provider in a commercial-l-y reasonable manner. All poles erected
by the Provider shall be neat and symmetsrical. and shaII,
Eogether with f i-xtures, be so located as not to int.erf ere wit.h
the safety or convenience of persons travel-ing on or over the
City's streets, a]leys, highways and other public places. In tshe
installation and maintenance of any underground sysEem, the
Provider shall not open or encumber more of any sEreet, a11ey,
highway or ot.her public place than wil-l- be necessary to enable it
to perform the work with proper economy and efficiency.
The City reserves the right at any tsime by resolution of
City Council or otherwise through proper representatives of the
City t.o further or specifically designate the locations of any
po1es, l-ines, cables or conduits wit.h reference to other
municipal facilit.ies such as sewer and water mains, signal- pol-es
and lines, drainage facilities, electsric facil-ities, and other
services, or to other facil-ities such as gas l-ines, public
electric utilities or railway message, telephone and tel-egraph
Iines, signal or power lines in such manner as Lo promote the
public safety and to prot.ect property. The City further reserves
the right to est.ablish by ordinance and resolution, and Provider
hereby agrees to comply with any reasonable regufation, within
ninety (90) days af t.er receipt of written notj-ce, for the
convenience, saf et.y and protectj-on of its citsizens as now in
effect or as may be adopted in the future, including, without
fimitation, requiring substitution of underground cable for
overhead cable or vice-versa, or requiring transfer of cable from
t.he front. or rear of property.
1.5 Whenever t.he Provider desires Eo erect, 1ay down.
construct or relocat.e any poIes, conduits or manholes, it shaI1
first inform the Cit.y Manager, or his designee. Upon written
notice from t.he City Manager, the Provider sha11 also present. a
plan or diagram showi-ng the proposed work for the Ci-t.y Manager,
or ot.her officer, Eo approve. In case of disapproval of such
pl-an or diagram, the Provider, after consultation with the City
as to ot.her suitabfe locations, shall submiE an amended pfan or
diagram to the City.
Whenever t.he Provider shall take up or distsurb any pavement,
sidewal-ks, or other improvements of any st.reet. avenue, al1ey,
highway, or other public pIace, the same shal-l- be replaced and
the surface rest.ored in as good condition as before entry as soon
as pract.icable; however, upon written not.ice by the City it sha1l
be accomplished within forty-eight (48) hours after completion of
the Provider's work. Upon fail-ure of the Provider to make such
time, the City may cause the proper restoratsion to be made,
including the removal of excess debris, and the expense of same
sha11 be paid by the Provider upon demand by tshe CiEy.
Writ.ten permits sha1l be obt.ained by the Provider from the
City before and whenever it becomes necessary for the Provider to
excavate in the streets of t.he CiEy in order Eo install-, repair,
replace, construct or extend any of the te]ecommunicatlons
equipment or services Eherein or thereon. Such permits, furt.her,
sha1l st.ate the particular part. of point of the st.reet.s where
said construction or excavation is to be made and the length of
time in which such permits shaff aut.horize such work to be done.
An exemption to t.his requirement for a permit or permits shall be
permitted in cases of emergency repair of the Eelecommunications
equipment or emergencies involving pubfic safety. In al-l- such
cases, Provider sha11 provide appropriate notice as soon as
reasonably possibfe, and in any event, no later than Ehe close of
business on the next. City working day.
Where a cut or disturbance is made in a section of sidewalk
paving, rather than replacing onl-y tshe area cut., the Provider
shaII replace the ful-l width of the existing walk and the ful-l-
length of the section or sect j-ons cut, a section being defined as
that area marked by expansion, joints or scoring. The Provider
shall-, in any st.reet, promptly remove or correct any obstruction
or defect t.herein which may have been caused by Ehe Provider or
its agents in t.he instaffat.ion, operation or maintenance of t.he
Provider's facilit.ies. Any such obsEruction or defect which is
not promptly removed, repaired or correcEed by t.he Provider
fifteen (15) days after proper written notice, given by the City
to said Provider at Provider's principal place of business, may
be removed or correct.ed by the CiE.y, and t.he sole cost of the
Provider, such cost shal-l- be payable on demand of the City to
Provider. Expenses of damage, relocation or repfacement of City
utility fines, sanitary sewers, storm sewer and storm drains,
whether such expenses result.s from constructsion or maint.enance of
the Provider's l-ines or facil-ities, shaLl- be borne by the
Provider and any expenses incurred in connection therewj-Eh by the
City sha11 be reimbursed by the Provider.
1.5 In the construction or maintenance of the Provider's
Tel-ecommunicatsions facilities, tshe Provj-der sha11 noE interfere
with or injure any se$rer, water main, p1ug, or other apparatus or
machinery connected therewith, or any ot.her properEy belonging to
the City; nor shafl the Provider impede the flow or waEer across
the stsreeEs, through or under which iEs lines pass. The Provider
sha11 be reguired to re]ocate or change, at itss own expense, its
po1es, appurtenances or apparatus, whenever in the reasonable
j udgmenE of t.he City Manager it becomes necessary by reason of
any public improvements to relocate or change its po]es,
appurtenances or apparatus. So far as pracEical, the Provider
shall use existing poles now in use in Ehe City subject to a
joint pofe use agreement. The Provider may be required to
inscall underground service if such is in keeping wit.h a City
approved plan of deveLopment., resubdivisj-on, revitalization or
redevelopment.
1.7 Upon expiraEion of this Agreement, or earlier if tshe
provider detsermines Eo disconEinue itss operations in t.he City,
the Provider musL either:
Provide informat.ion satisfactory Eo the City that the
Provider's obligations for its facilities in the Rights of way
under this agreement have been t.ransferred tso another provider
acceptable to the City;
Submit Eo the City a proposal and inscruments for
t.ransferring ownership of its facil-ities to the City. If the
Provider proceeds under this clause, the Cit.y may, at itss option:
(a) af l-ow t.he f acil-ities to remain in place;
(b) purchase t.he f aciLities,. or
(c) require the Provider, at its own expense. t.o remove the
facil-ities. Shoul-d the Provider fail- to remove the faciLities;
6
the Citsy sha1I have the right to do so aE a cost Eo be borne by
the Provider. In such case, the Citsy shafl noE be fiable to the
Provider for any damages resulting therefrom oEher than for such
damages caused by the Cit.y's negligence or wilfful acts.
ARTICI,E 2
TERM/TBRMINATION
The term of Ehe Agreement shal-l- commence on the date of
Acceptance of this Agreement by t.he Provider, as defined in
Articfe 4, and sha11 end four years, eleven months and twenty
nine days thereafter. The Agreement shal-l continue on a month-
to-mont.h basis thereafter unless eit.her party gives ninety (90)
days wrj-tt.en notice to the other Ehen the mont.h-to-month
arrangement is terminated
The City reserves Ehe right. t.o terminate and cancef t.his
Agreement and aLl rights and privileges of the Provider hereunder
in the event the Provider violates any material provision of t.his
Agreement, except where such violation is without fau1t. or
through excusable neglect or j-s in compliance with a valid and
enforceable ru1e, regulation, order or mandate of a St.at.e or
Federal 1aw or agency which preempEs the City's rul-e, order or
determinat. ion .
Prior to such termination, the City sha11 send written
notice to t.he Provider at the last business address of said
Provider indicat.ion the manner in which the viol-ation has taken
p1ace. The notice sha1I also specify a time and place for a
hearing before the City Council, which shaIl be schedul-ed no
earlier than thirty (30) days from the date of the notice, ats
which time the Provider sha1I have the opportunity Lo show cause
why the termination of the Agreement should not take place.
After such hearing or opportunity for a hearing, City Council
7
may, by resolution, eiEher t.erminat.e this Agreement or extend the
same upon such condit.ions as it deems correct.
The rights hearing granted to lhe Provider shal1 not be
constsrued as exclusive or as preventing the City from grantj-ng to
any otsher person the same or similar rights.
If at any time during the initial- Eerm of this agreements,
Provider ceases the provision of telecommunication or daEa
service within the City of Sa]em, Provider may t,erminate this
agreement. upon sixty (50) prior writ.ten notice.
ARTICLE 3
TR]L}ISFER OF OIIINERSHIP
The Provider shal-I not se11, transfer, lease, assign,
subl-et, or dispose of, in whofe or in part, either by forced or
involuntary saIe. or by ordinary sa1e, consolidation, or
otherwise, t.his Agreement or any of the ri-ghts or privileges
granted by this Agreement, without the prior consent of the City,
which consent sha1l not be unreasonably witshheld, except Ehat the
Provider may assign or transfer this Agreement tso an entity under
common ownership and cont.rol, a wholly owned subsidiary, or an
entity acquiring al-I or substantial-l-y all of the assets of
Provider without such consent.
This Agreement.
within thirry (30)
be void.
ARTICLE 4
ACCEPTNiICE
shall- be accept.ed in writing by the Provider
days after approval by Lhe City, or its shall
ARTICIJE 5
CONFIDEMPIAL INFORMATION
8
To t.he extent allowed by the Virginia Freedom of Information
AcE, each Party shall preserve t.he other ParEy's confidential
information obtained in the course of Ehe Provider's use of the
Rj-ghts-of -way hereunder with lhe same degree of care in
proEecting its own confidential or proprietary information,
however in no event less lhen reasonable care. It is undersEood
and agreed by the Provider that t.he City has the right. to
disclose t.he Agreement Eo governmentaL agencies having requisite
governmental- or judicial authority over the terms of Ehis
Agreement, provided that the City has given the Provider prior
written notice of impending disclosure and the Provider has a
reasonabfe opportunit.y Eo seek confidenEial status, a protective
order or ot.her approprj-ate remedy. The obligations under t.his
Article 5 shall survive termination of this agreement.
ARTICIJE 6
INDEMNI FICATION
6.1 Except to the extent caused by the negligence or
wilfful misconduct on the part of the City, its agents, officers
or assigns, the Provider shal1 indemnify, hol-d harmless, and
defend the Cicy, its officers, boards, commissions. agents, and
employees from and against any and aII LawsuiEs, claims, causes
of action, 1iabi1it.y, demands, damages, disability, losses, and
expenses, including reasonabfe aEtorneys' fees, resulting or in
any manner arising from the action or j.naction of t.he Provider in
constructing, operating, maintaining, repairing, or removj-ng any
of its facilities or in carrying on its business or operations in
t.he Cit.y, or in exercj-sing any right or dialing to exercise any
obfigation contsai.ned in this Agreement
6.2 The City shaII promptly notify the Provider in writing
of any claims subject to indemnification and shal-l- cooperate with
all reasonable requests by the Provider for information,
documents, Eestimony, or other assistance appropriaEe to a
resolution of such claims. The Provider shaII have full
responsibility for and control of any action or undert'aking
direcEed at the resoluEion of such claims.
ARTICI,E 7
INSURANCE
7.L During the term of this Agreement., the Provj-der shalf
obtsain and maintain at the Provider's sole expense, with
financial-Iy reputable insurers which are licensed t.o do business
in all jurisdictions where any work is performed, naming the Citsy
as additi.onal insured, not less than the following j-nsurance:
(a) workers compensatj-on as provided for under any worker's
compensation or simifar 1aw in the iurisdiction where any
work is performed with an empl-oyer's liabiliEy fimit of not
l-ess then $500,000 per accident.
(b) Commercial general liability, including coverage for
contractual- liability and products completed operations
1iabi1itsy, with a limit of nots less Ehen $1,000,000 combined
single l-imit per occurrence for bodily injury, personal
injury, and propertsy damage liabi-tity, naming the Cj-ty as an
addiEional insured.
(c) t\A11 risk" property insurance covering not l-ess than
Ehe fulI replacement cost of the Cit.y's personal property
while on a Provider job site.
7.2 certificate of fngurance
The provider shaI1 deliver to the City a cert.ificate of
insurance, satisfactory in form and content to the City,
evidencing that the above insurance is in force and will not be
canceled or materially altered without first giving the City
thirty (30) days prior written notice, and such additional
certificates as may be necessary to provide the City continuing
10
evidence tshat the
required herein.
The Provider shalL
and/ or col-lection of all
other taxes t.hat. apply to
Provider maintains insurance coverage
ARTICI'E 8
TAXES
be fuJ-1y responsibl-e for the pa)rment
ad valorem, property, use, utility and
its activity in the City.
ARTICI,E 9
MISCEI,I,A}IEOUS
9.1 This Agreement. shal1 constsitsute the entire Agreement
and no negotiat.ions or discussions prior Eo execution sha11 be of
an effect.. The Agreement sha11 be binding upon the parties.
their successors and assigns.
9.2 The invalidj-ty in whole or in parts of any provision
shal-l- not affect the validity of any otsher provision.
9.3 The right. and remedies of the Parties shal1 be
cumulative and in addit.j-on tso any other rights and remedies
provided by 1aw or equity. A waiver of a breach of any provision
t.hereof shaIl not. constitute a waiver of any other breach. The
l-aws of the St.ate of Virginia shal-l- govern tshis Agreement.
9.4 Notices sha11 be in writing. mailed certified with
return receipt requested, ef fect.i-ve upon receipt and sent to:
The Provider: Level 3 Communications, LLC
102 5 Eldorado Bl-vd
Broomfield, CO 80021
Attn: Legal Counsel-
Copy to: AEEn: Contracts Management
The City of Sa1em, Virginia
P. O. Box 859
The Ci ty:
l1
Salem, VA 24153
Attn: City Manager
or to replacement addresses that may be later designated in
writing.
9.5 In case of any emergency or public disaster, the
Provider sha1I, upon request of the City, make avail-able its
facilities to the City for emergency use at no cost to the City.
The Provider further agrees to make availabl-e to the City during
the period of the emergency and without cost to the City such
personnel as may be required to operate the facilities whereby
the Mayor or other authorized representative of the City may
communicate with the citizens of the City.
9.5 The City represents and warrants that alI
telecommunications providers encroaching on the public Rights-of-
Way within the City are being treated on a competitively neutral
and non-discriminatory basis and have executed agreements with
the Cit.y containing t.he same material terms and conditions as
contained herein.
IN WITNESS T{HEREOF,
Agreement as of the dates
The City of Sa1em,
Virginia
By:
Name:
Title:
Date:
the parties hereto have executed this
reflected below.
Level 3 Communications, LLC
By:
Name:
Title:
Date:
12
D 1fl1E \.,'I
COUNTY OF
20!6 ,
of the City of
Salem, Virginia, executed Ehe foregoing instruments.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year aforesaid.
NOTARY PUBLIC
On this day of
STATE OF
COUNTY OF
, 20L6,
in his/her capacity as , executed the
foregoing instrument. on behalf of
IN TESTIMONY WHEREOF, I have hereunco sets my hand and
affixed my official seal the day and year aforesaid.
NOTARY PUBLIC
On t.his day of
13
rt:
[Et\,i#-'" .^
DATE +-e5- lra
AN ORDINANCE APPROVING THE AMENDED AND RESTATED INTERGOVERNMENTAL
AGREEMENT ESTABLISHING THE ROANOKE VALLEY GREENWAY COMMISSION, AND APPROVING
THE REQUEST OF BOTETOURT COUNTY TO JOIN.
WHEREAS, the City of Roanoke, the City of Salem, the County of Roanoke, and the Town
of Vinton entered into an lntergovernmental Agreem€nt Establishing the Roanoke Valley
Greenway Commission on April 19, 1997; and
WHEREAS, Botetourt County has now requested to join the Greenway Commission
through an action of its governing body, and;
WHEREAS, such action requires the approval of all participants in such a joint venture,
pursuant to Section 15.2-1300 of the Code of Virginia, and;
WHEREAS, the Roanoke Valley Greenway Commission has recommended approval of
Botetourt's request, as well as certain revisions to the lntergovernmental Agreement
establishing the Commission; and
WHEREAS, greenways being a good and valuable amenity to the citizens of the city,
contributing greatly to economic development and to our quality of life, and;
WHEREAS, the addition of Botetourt County to the Commission will add greatly to the
value derived from greenways, trails, and other outdoor amenities, and;
WHEREAS, the Council desires to exercise its authority pursuant to Section 15.2-1300,
Code of Virginia (1950), as amended, to approve Botetourt County's request, and to enter into
a revision to the lntergovernmental Agreement establishinB said Commission; NOW,
THEREFORE,
8E lT ORDAINED 8Y THE COUNCIL OF THE CITY OF SALEM, VIRGINIA as follows:
1. That Botetourt County's request to join the Roanoke Valley Greenway Commission is
approved.
2. The Revised and Restated lntergovernmental Agreement is approved, and shall be
substantially in the form as presented to City Council.
3. The Mayor and the City Clerk are hereby authorized to execute and attest,
respectively, the Revised and Restated Intergovernmental ASreement establishing
the Roanoke Valley Greenway Commission.
Allordinances or parts ofthe ordinances in conflictwith this provisions ofthis ordinance
be and the same are hereby repealed.
Upon a call for an aye and a nay vote, the same stood as follows:
lames L. Chisom -
William D. Jones -
Jane W. Johnson -
.lohn c. Givens -
Byron Randolph toley -
Passed:
Effective:
t.t
Mayor
.lames E. Taliaferro, ll
Clerk of Council
City ofsalem, Virginia
IIEM #Gtr.
DATE +^5-tb
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA
HELD AT CITY HALL
MEETING DATE:April 25,2016
Request to appropriate delinquent realestate taxes, penalties
and interest.
Rosemarie B. Jordan, Director of Finance
AGENDA ITEM:
SUBMITTED BY:
SUMMARY OF INFORMATION:
During the current fiscal year, delinquent real estate tax accounts were turned over to an
attorney to pursue collections. This process resulted in collection of delinquent taxes,
penalties and interest, which exceeded the budgeted amount by $576,657. City staff is
recommending that these additional one-time funds be used to pay for a portion ofthe cost
of a new fire truck. The new truck is estimated to cost $862,924. fhe remaining cost will
be covered by bond proceeds.
FISCAL IMPACT:
Appropriate $576,657 to purchase a new fire truck that is not funded in the current
operating budget.
STAFF RECOMMENDATION:
Staff recommends that Council increase the following revenue budgets: delinquent real
estate tax by $456,657, penalties by $15,000 and interest by $'105,000 and appropriate
funds to account 20-030-xxxx-xxxx to pay for a portion of the cost of a new fire truck.