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HomeMy WebLinkAbout10/7/2024 - City Council - Agenda -Regular (2) City Counci l Meeting AGENDA Monday, October 7, 2024, 6:30 PM Work S es s io n 5:45 P.M. C ouncil C hambers C onference R oom, C ity Hall, 114 North Broad S treet, S alem, Virginia 24153 R egular S ession 6:30 P.M. C ouncil C hambers , C ity Hall, 114 North Broad S treet, S alem, Virginia 24153 WORK SE SSI ON 1.C all to Order 2.New Business A.Discussion I tems Update of Major Projects with C ommunity Development 3.Adjournment RE GU L AR SE S SI ON 1.C all to Order 2.Pledge of Allegiance 3.Bid Openings, Awards, Recognitions 4.C onsent Agenda A.Citizen Comments C omments from the public, limited to five minutes, on matters not already having a public hearing at the same meeting. B.Minutes C onsider acceptance of the September 9, 2024, Work Session and Regular Meeting minutes and the September 17, 2024, Special Meeting Work Session minutes. C .F inancial Reports C onsider acceptance of the Statement of Revenues and Expenditures for the two months ending August 2024. 5.Old Business 6.New Business A.Salem City School Board Hold a public hearing to receive the views of citizens within the School Division regarding the School Board appointments for the expiring terms ending December 31, 2024 of two members of the City of Salem School Board. (As advertised in the September 19, 2024, issue of the Salem-Times Register). B.Amendment to the City Code - Chapter 106 Zoning Hold public hearing and consider ordinance on first reading enacting C hapter 106, Zoning, Article III, Use and design standards, section 106-310.25 and amending C hapter 106, Zoning, Article II, District Regulations, Section 106-214.2(B)(5) C ommercial use Types, Article VI. Definitions and use types, Section 106-602.9 C ommercial use types of the C OD E O F T HE C IT Y OF S A LEM, VIRG IN IA pertaining to retail sales, smoke shop. (Advertised in the September 19 and 26 issues of the Salem Times-Register.) (Planning C ommission recommended approval; see page 11-12 of Planning Commission minutes.) C .Amendment to the City Code - Chapter 66 Signs Hold a public hearing and consider adoption of ordinance adding C hapter 66, Signs, Article I In General, Section 66-11.1, Minor Signs during Voting of the C O D E O F T HE C IT Y O F SALEM, VIRG IN IA. (Advertised in the September 24 and 25 issues of the Roanoke Times.) (Planning C ommission recommended approval at the October 2, 2024 meeting.) D.Administrativ e Calendar for 2025 C onsider adoption of the administrative calendar for 2025. E.Salem Municipal Golf Course C onsider renewing the lease for the Salem Municipal Golf C ourse for 2025. F.Salem Band B oosters C onsider request from the Salem Band Boosters for a donation ($5,638.85) equal to the amount of admissions tax paid in connection with the annual Drum Corps International Summer Music Games competition held on J uly 30, 2024, at the Salem Stadium G.Appropriation of F unds C onsider request to appropriate Downtown Improvement Reserve funding in the C apital Projects Fund. Audit - Finance Committee H.Appoint Authorized Officials for I nv estment P rogram C onsider Resolution 1483 to approve Authorized Officials for Investment Program. Audit - Finance C ommittee 7.C losed Session A.Closed Session Hold a closed session in accordance with Section 2.2-3711 A(6) of the 1950 C ode of Virginia, as amended, for discussion or consideration of the investment of public funds where competition and bargaining is involved, where, if made public, initially, the financial interest of the City would be adversely affected. 8.Adjournment City Council Meeting MINUTES Monday, September 9, 2024, 6:30 PM Work Session 5:30 P.M.; Regular Session 6:30 P.M. Council Chambers Conference Room, City Hall, 114 North Broad Street, Salem, Virginia 24153 WORK SESSION 1.Call to Order A work session of the Council of the City of Salem, Virginia, was held in the Council Chambers Conference Room, City Hall, 114 N. Broad Street, Salem, Virginia, on September 9, 2024, at 5:30 p.m., there being present the following members of said Council to wit: Renée Ferris Turk, Mayor; James W. Wallace, III, Vice- Mayor; Council members; Byron Randolph Foley (participated remotely), William D. Jones (absent), and H. Hunter Holliday; with Renée Ferris Turk, Mayor, presiding; together with Chris Dorsey, City Manager; Rob Light, Assistant City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Tommy Miller, Director of Economic Development; and Laura Lea Harris, Deputy Clerk of Council; and the following business was transacted; Mayor Turk reported that this date, place, and time had been set in order for the Council to hold a work session; and 2.New Business A.Discussion Items 1)Council Retreat goals and objectives update 2)Economic Development Update - Tommy Miller Mr. Dorsey and Mr. Light presented an update on each item that was discussed at the retreat of Council and city management that was held on March 22, 2023. The purpose of this retreat was to discuss and prioritize Council's short-term strategic goals. Discussion was held and questions by Council were responded to. Tommy Miller, Director of Economic Development, presented an update on Economic Development for the City of Salem. He provided a copy of an outline for Council's use. Mr. Miller summarized the status of progress that has been made on the City's Strategic Plan initiatives. He also shared details updating Council Item #4B Date: 10/07/2024 on existing businesses in Salem. Mr. Miller shared an overview of real estate within Salem. Council held discussion and asked questions that were responded to by staff. 3. Adjournment There being no further business, Mayor Turk adjourned the meeting at 6:15 p.m. REGULAR SESSION 1. Call to Order A regular meeting of the Council of the City of Salem, Virginia, was called to order at 6:30 p.m., there being present the following members to wit: Renée Ferris Turk, Mayor; James W. Wallace, III, Vice-Mayor; Councilmembers: Byron Randolph Foley (participated remotely), William D. Jones (absent), and H. Hunter Holliday; with Renée Ferris Turk, Mayor, presiding together with Chris Dorsey, City Manager; Rob Light, Assistant City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Chuck Van Allman, Director of Community Development; Mike Stevens, Director of Communications; and Jim Guynn, City Attorney. 2. Pledge of Allegiance Mayor Turk requested that Mr. Light read a request from Councilman Foley to participate remotely in this Council meeting. The request from Councilman Foley stated: "in accordance with Section 2.2- 3708.3 B(1) of the Code of the Commonwealth of Virginia and the Remote Participation Policy of the City of Salem, I hereby request to participate remotely due to a temporary medical condition that prevents my physical attendance.” James Wallace motioned to approve the remote participation of Randy Foley. H. Hunter Holliday seconded the motion. Ayes: Holliday, Turk, Wallace Absent: Jones Abstain: Foley 3. Bid Openings, Awards, Recognitions Mayor Turk recognized Officer C.A. Hayth from the Salem Police Department and asked the following trainees attending this evening as part of their Field Training (FTO) task to come forward: Z. Martin, J. Janice, B. Whitfield, B. Agee, S. Underwood, L. Holbrook, and C. Johnson. She expressed appreciation to them on behalf of the citizens of Salem and those present this evening for their commitment to protect and serve the citizens of Salem. A. Recognition of Constitution Week and Fort Lewis Chapter of NSDAR Present Proclamation to Elizabeth Vincel, Chapter Regent of the Fort Lewis Chapter of the National Society Daughters of the American Revolution (NSDAR) in recognition of Constitution Week 2024. Mayor Turk recognized Constitution Week 2024 and the Fort Lewis Chapter of the National Society of the Daughters of the American Revolution (NSDAR). She noted that September 17th at 4:00 p.m. is the time that people generally ring bells to celebrate the signing of the Constitution. Mayor Turk asked that Elizabeth Vincel, Chapter Regent of the Fort Lewis Chapter of the NSDAR, and other Chapter members come forward while she read the Proclamation aloud. Mike Stevens took pictures of the group with Council. Council thanked the group for all of their work. 4. Consent Agenda A. Citizen Comments Comments from the public, limited to five minutes, on matters not already having a public hearing at the same meeting. Karita Knisely, 115 Union Street, expressed concerns of health and safety in regard to the structure at 203 Union Street. She requested that the City adhere to the mission of the Building Department and take immediate action to notify the current owner of 203 Union Street of the nuisance infestation and negligence. She referenced Fire Prevention Code 34-5. Ms. Knisely also requested that the City keep her updated and informed of any and all actions and correspondence in the above-referenced matters. She ended by requesting that the City adopt the Virginia Building Maintenance Code. Councilman Wallace asked Mr. Van Allman to comment as to whether the Planning and Zoning Department had the understanding that this Council had not made it a priority for Zoning to enforce the regulations of this type of issue in the City. He noted that he hoped Council could reconsider that position. Mr. Van Allman responded that he would rephrase that. He noted that the priorities are ranked and there were a couple of priorities that were ranked higher than this one that they were moving forward with because there was a majority that felt they needed to move forward. He also noted that they act at the discretion of the City Manager and Council. He also noted that Salem has not adopted the full Maintenance Code. Vice-Mayor Wallace noted to Mr. Dorsey that he would like to say that in his campaigning recently, he had found this was a big concern that citizens have about some of their adjoining properties. He added that he felt that Council needed to try to address some of those concerns. Mr. Dorsey shared that they were looking towards implementing some of the Codes very soon, those dealing with exterior maintenance codes and things of that nature. He noted that they had a very good meeting with Ms. Knisely, and that the Electric Department was involved as well, to look at some of these issues. They hope to get some traction started when those codes are implemented, especially on the outside where the holes are and where animals are going under the building. They will be able to move ahead with this part. The one thing that ties their hands somewhat at this point is that they are unable to go inside the house for property right reasons. They are hoping to see what they can do on the outside first. Mr. Van Allman added that they did not have the power to search premises. Vice-Mayor Wallace clarified that he was hearing a lot of exterior issues that could be seen from the street. Mr. Van Allman noted that they could cite stationary things like a car with no tags, overgrown grass, and things that could be observed, He shared that it was a little more difficult to cite an animal. Mayor Turk noted that Council will be pursuing the Maintenance Code in future meetings because they have a plan to hold a Work Session, and this will be one of the topics that is discussed by Council. B. Minutes Consider acceptance of the August 12, 2024, Work Session and Regular Meeting minutes. The minutes were approved as written. C. Financial Reports Consider acceptance of the Statement of Revenues and Expenditures for the one month ending July 2024. The Financial Reports were received. 5. Old Business A. Amendment to the Zoning Ordinance Consider ordinance on second reading for the request of Seaside Heights, LLC, property owner, to rezone the property located at 1590 West Main Street (Tax Map # 140-1-3) from LM Light Manufacturing District to HBD Highway Business District. (Approved on first reading at the August 12, 2024, Council meeting.) H. Hunter Holliday motioned to adopt ordinance on second reading for the request of Seaside Heights, LLC, property owner, to rezone the property located at 1590 West Main Street (Tax Map # 140-1-3) from LM Light Manufacturing District to HBD Highway Business District. James Wallace seconded the motion. Ayes: Foley, Holliday, Turk, Wallace Absent: Jones 6. New Business A. Special Exception Permit Amendment Hold public hearing to consider the request of Salem Montessori School, Inc., property owner, to amend the existing special exception permit to allow for a second elementary educational facility on the property located at 101 Corporate Boulevard (Tax Map # 117-2-1). (Advertised in the August 22 and 29 issues of the Salem Times-Register.)(Planning Commission recommended approval with condition; see pages 2-11 of Planning Commission minutes.) Mayor Turk opened the public hearing. Barney Horrell, 3553 Carvins Cove Road, Brushy Mountain Engineering, on behalf of Salem Montessori, Inc., addressed Council. He noted that Ms. Valerie Vanderhoeven, owner, was in attendance this evening as well. He also indicated that the Planning Commission minutes, which were included in the agenda packet for this evening, were very thorough. He also noted that he had provided a copy of building elevation views for the Council members to review this evening. He summarized the background information on this request and shared that Salem Montessori School had come before Council in the past couple of years looking to build a new facility across the street on the wooded lot. They went through the process of amending the conditions on that property, and in the course of beginning the design process, it was decided that it was not economically feasible. They are stepping back, going back to the existing property, and would like to build a second school building on the property that had a proffer that only one school building be on the property. They are requesting to amend the original conditions of purchase. He noted that these conditions of purchase were committed to in the deed of transfer for the property. If the request is approved tonight, it would require an amendment to the deed for the property. Mr. Horrell recapped the recommendation of the Planning Commission in regard to conditions. He noted that it was his understanding that it was the desire of Council to bring back the condition of landscaping along Lynchburg Turnpike. He highlighted the fact that the building would be a single- story appearing building from Lynchburg Turnpike and that the elevation views provided for Council show a single-story brick facade that looks residential in nature, in trying to remain consistent with the existing campus and what is across the street. The backside, which is the view from Corporate Boulevard, including existing parking lots, will appear as a two-story building. They are trying to create a campus feel. The first building that was built on this parcel is an all-brick facade, the lower building, which was built around 2017-2018, is much of the same brick with a white siding element in the center corridor of the building. This building will play off of those same two elements. It will be brick facing Lynchburg Turnpike and then switch to some siding on the Corporate Boulevard facade. Mr. Horrell said that he would be happy to answer any questions. Vice-Mayor Wallace noted that he had read this information prior to the meeting, and it looked like when Council considered this in 2011, they did exactly what they were considering in terms of the building. He stated that it appeared now that much remained to be settled from the Planning Commission minutes. He asked if there was a reason why the owner had not put forward the final design for review during this hearing. He asked if he could assure Council that this would fit in and look like the other buildings and blend in. Mr. Horrell responded that he was the presenter to Council when the initial building came before Council for review. He noted that at that time there was quite a bit of concern from adjoining property owners as to the appearance of the building and also that there were some residents directly across the street that were concerned with the mountain view being blocked. At that point, some of the conditions were added, such as the single-story brick facade to match what they were expecting to see. The campus feel was very important. Building this building would allow them to close an existing facility that they have kind of nursed along directly across from the Phoenix Building. This facility is aging out, and rather than spending money to bring it back up, they want to create this campus feel. The idea is that the students would start at the lower building and this new building would serve the older students. This does need to be consistent and look and feel the same. He continued that the reason for not having a fully developed plan set was that the owner did not want to take the risk of outlaying the full design for the building until the Special Exception was approved. Mr. Horrell noted that they had begun the design path for the wooded lot across the street and had to pull the plug because of cost issues and unsuitability of the lot. Vice-Mayor Wallace asked Mr. Horrell what he could do to assure Council that the same scenario would not unfold with this new building, and that it would not be built with less expensive materials that would not look like the rest of the campus. Mr. Horrell asked if he was asking for a proffer of a brick facade. Vice-Mayor Wallace responded that he was asking for assurance. Mr. Horrell responded that he could confidently state that the exterior of the building would be consistent in manner with the two existing buildings. He noted that they do not have fully developed architectural plans yet; however, they had researched the needs of the owner to determine that this is the building that meets those needs. Councilman Holliday asked what the square footage of the proposed new building was. Mr. Horrell responded that the building would be about 4,000 on the first floor and about 6,000 on the upper floor for a total of just under 10,000 square feet. He added that the first building had a roof of standing seam black metal, which was a proffered condition at the time. The second building went to a black asphalt shingle. For cost reasons, he anticipates that this building will also be a black asphalt shingle roof. The intent is to do brick facing the Turnpike. The rest would be white siding. It would probably be brick up to windowsill level with siding above that. Vice-Mayor Wallace asked if there was any chance that it would be corrugated metal if costs exceeded expectations. Mr. Horrell noted that it would not be corrugated metal and that he was comfortable proffering this detail. The intent was that it would be consistent with the brick and white siding. Mr. Van Allman noted that Council could not have them proffer for a Special Exception but that they could have conditions for a Special Exception and that in addition, if they find the site did not have the campus feel or was not in compliance with that that Council could remove the Special Exception. Vice-Mayor Wallace asked what assurance could be given to Council that this would not bring back traffic problems that had been experienced in the past with the Boulevard facility. He noted that the original idea when the new campus was built was that the Boulevard facility would be shut down because of this issue. Mr. Horrell responded that the Boulevard facility had to be put back into use during Covid in order to spread the students out. The new building is needed due to increased enrollment and that the intent was to spend the money on this new facility rather than on continuing to use the Boulevard facility. Councilman Holliday asked what the projected enrollment was once the new building is complete. Mr. Horrell asked Ms. Vanderhoeven for this number. She indicated that 260 was the projected total enrollment. Vice-Mayor Wallace asked if traffic had been addressed for the additional vehicles that would be there in the morning and afternoon. Mr., Horrell responded that this had been taken into consideration and that one of the reasons that all traffic came in off of Corporate Boulevard was so as not to impact the residences across the street. He indicated that many of the families had multiple students attending and even though they would be serving additional students, the traffic would not increase in the same manner. He noted that the traffic pattern had been set up so that the vehicles could get in and out off of Corporate Boulevard easily. He indicated that another concern from back in 2011 was the hours of operation. There would not be evening or weekend hours and the facility is quiet and mostly dark in the evenings. Mr. Horrell also brought up one other modification to the previous conditions. This was in reference to a condition to preserve some trees when they previously requested to develop the wooded lot. By requesting to build the second building on the upper parcel, they do not necessarily need to strike the conditions on that triangular lot. They are comfortable agreeing to preserve those trees if Council feels this is necessary. Vice-Mayor Wallace asked if they would consider giving up the present Special Exception Permit for Boulevard so that it would be ensured that this did not return to a school again. Mr. Horrell responded that there was a timing issue and that they would have to get this one in operation. Ms. Vanderhoeven requested to speak. She shared that she lives in Botetourt County and owns the Salem Montessori School. She noted that it would not be financially feasible to keep that one open and that they would need to sell that property and invest in the new one. Vice-Mayor Wallace asked Mr. Van Allman if the existing Special Exception permit would transfer with it when they sell the property on Boulevard. Mr. Van Allman noted that the Special Exception permit would transfer with the property. Mr. Horrell noted that the property being looked at this evening was zoned residential and that it required a Special Exception permit to operate an educational facility but that he did not believe that there was a Special Exception Permit for the property on Boulevard and that it was zoned something other than residential. Vice- Mayor Wallace noted that there was something tied to the property on Boulevard as he recalled conversations about addressing that when they were experiencing all of the traffic issues upon the reopening of the facility on Boulevard. Mr. Van Allman noted that in general, Special Exception permits follow the property, but that Council still had the ability to remove the Special Exception. Vice-Mayor Wallace asked Mr. Van Allman to clarify that if Council approved the motion this evening and for some reason or unlikely event the building came back not meeting Council's expectations, that they would be able to pull the Special Exception permit. Mr. Van Allman responded that any member of Council would be able to bring this up and add it to an agenda for consideration. Mayor Turk closed the public hearing. Hunter Holliday motioned to approve the request of Salem Montessori School, Inc., property owner, to amend the existing special exception permit to allow for a second elementary educational facility on the property located at 101 Corporate Boulevard (Tax Map # 117-2-1). Mr. Light noted that, if Council was amenable, staff recommended that they place some conditions on this motion. He indicated that in front of them they had a recommended motion which included those conditions. To memorialize the changes, as Mr. Horrell indicated it is recorded in the deed. Therefore, they need to amend that deed with the corrections. James Wallace motioned to make an amended motion to approve the request of Salem Montessori School, Inc., property owner, to amend the existing special exception permit to allow for a second elementary educational facility on the property located at 101 Corporate Boulevard (Tax Map # 117-2-1) conditioned upon: 1. Amending condition A to reflect that the oak trees will remain, and other trees can be eliminated with the approval of City staff on Tract A as this is an existing condition on this parcel placed by Council in May of 2023. 2. Eliminating conditions B through F only. 3. Retaining conditions G through K. 4. Adding a condition that the height of the proposed building not exceed 20 feet of the height of the existing building on the property. 5. Recording of a Deed of Correction to modify the conditions to reflect the changes made by Council in granting this Special Exception Permit. Renee Turk seconded the motion. Ayes: Foley, Holliday, Turk, Wallace Absent: Jones B. Resolution 1482- Reschedule October 15, 2024, Regular Council Meeting Consider Resolution 1482 rescheduling the October 15, 2024, Regular Meeting of City Council to October 7, 2024. Mayor Turk noted that the reason for this motion was that all of Council would be attending the Virginia Municipal League Conference in Virginia Beach; therefore, this meeting would need to be rescheduled. She noted that moving this meeting to October 7, 2024, would make the meeting a week earlier than it would normally occur. H. Hunter Holliday motioned to adopt Resolution 1482 to reschedule the October 15, 2024, Regular Meeting of City Council to October 7, 2024. James Wallace seconded the motion. Ayes: Foley, Holliday, Turk, Wallace Absent: Jones C. Salem City School Board Consider setting date for public hearing in accordance with Section 22.1-29.1 of the Code of Virginia 1950, as amended, regarding the expiration of term for Nancy Bradley and Teresa Sizemore-Hernandez. (Suggest date of October 7, 2024). Vice-Mayor Wallace asked if it would compress the schedule too much or be a problem if this were backed up a little bit to give citizens that might have interest more time. Mr. Light indicated that the next meeting would be October 28th and then whatever process that Council determined to go through in selecting school board members would be followed. Vice-Mayor Wallace suggested that this would give the whole month of November for interviews and then they could make the appointment in December. Mayor Turk noted that the School Board members normally go to a training in early December, and that the appointment would need to be made prior to that. Vice-Mayor Wallace asked if this had been advertised in the paper yet soliciting applications. Mr. Light responded that no advertisement had been placed yet as the first step in the process was to set the public hearing date and then we would begin taking applications. Vice-Mayor Wallace noted that he felt this seemed a very short period in which to gather interested parties. Mr. Holliday noted that he was all for moving this out if they had time to do so. Mr. Foley noted as a reminder that this was a month from now and he did not feel that a month was too short. Discussion was held among Council on the length of time that was available, the training that school board members attended, and when the advertisement would need to run as required by Virginia Code. Mr. Light noted that the advertisement needed to run at least seven days prior to the public hearing. Mr. Foley reminded those in attendance for the record that October 7 would be the deadline for applications to be received and that interested citizens were not required to speak. Mr. Light confirmed that per Code, anyone that is subsequently appointed, their name has to be read at that public hearing. James Wallace motioned to set the public hearing on the appointment of school board members for October 7, 2024, during the regular Council meeting, provide public notice, and accept letters of interest and resumes from interested applicants for naming at this public hearing. H. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Turk, Wallace Absent: Jones D. Appropriation of Funds Consider request to amend the School Operating Fund and School Capital Projects Fund budgets as approved by the School Board on August 13, 2024. Audit - Finance Committee Vice-Mayor Wallace noted that this item was a housekeeping item for the School's budget from the last fiscal year. James Wallace motioned to approve the School Board’s appropriation change of $3,400,000 to the School Operating Fund and $6,000 to the School Capital Projects Fund as approved by the School Board at their August 13, 2024, meeting for fiscal year 2023-2024. The change in the School Operating Fund reflects the net of an increase in revenues received from the State for an online school program called STRIDE and a decrease in State revenues to reflect lower than budgeted enrollment. H. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Turk, Wallace Absent: Jones E. Allman E&S Plan Consider setting bond for erosion and sediment control for the Allman E&S Plan. Audit - Finance Committee Vice-Mayor Wallace noted that this item pertains to a rather large house that will have a large amount of soil disruption, so it was the recommendation of Community Development that the property be bonded for all of the disturbance that would be taking place. James Wallace motioned to bond erosion and sediment control for the Allman E & S Plan located at 2640 Franklin Street in the amount of $6,292.00 with a time frame for completion set at twelve (12) months. H. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Turk, Wallace Absent: Jones F. Savory Ventures Salem Consider setting bond for erosion and sediment control and landscaping for Savory Ventures Salem. Audit - Finance Committee Vice-Mayor Wallace noted that this pertains to the new food court that was going in on 4th Street. James Wallace motioned to bond erosion and sediment control and landscaping for the Savory Ventures Salem Plan located at 600 W. 4th Street Blk. in the amount of $4,125.00 with a time frame for completion set at twelve (12) months. H. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Turk, Wallace Absent: Jones G. Appropriation of Funds Consider request to appropriate fund balance to replenish Contingency. Audit - Finance Committee Vice-Mayor Wallace noted that there was a large use of contingency funds that was unexpected, so the request was to replenish that. Additional funding was needed to complete projects at Salem Memorial Park including replacement of netting and wall pads. Funding of $217,698 was transferred from Contingency in order to fund these projects and allow work to proceed. To replenish the amount budgeted in Contingency, $217,698 needs to be appropriated from the General Fund balance. Appropriating fund balance to replenish the Contingency budget ensures adequate funds are available if needed in fiscal year 2025. James Wallace motioned to appropriate $217,698 to the Designation of Beginning Fund Balance account, and increase the budget in the Contingency account by $217,698. H. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Turk, Wallace Absent: Jones H. City Holiday Consider the addition of Tuesday, December 24, 2024, as a City holiday for employees and closing City offices. Mayor Turk noted that this had been discussed with City Manager Dorsey and that Council was trying to make sure they thanked the employees for their hard work and give them time off. This year this would be Christmas Eve. She asked that staff make sure to distribute this information to employees. Vice-Mayor Wallace asked if this would replace the floating holiday. Mr. Dorsey responded that this would be considered later this year with the consideration of the Administrative Calendar. Mr. Light noted that in individual discussions that City management had with Council members, this would be an added holiday. The floating holiday will become a set holiday at some point in the year where it makes the most sense. Staff will come back to Council with the Administrative Calendar for all of the holidays. H. Hunter Holliday motioned to add Tuesday, December 24, 2024, as a City holiday for employees and closing City offices. James Wallace seconded the motion. Ayes: Foley, Holliday, Turk, Wallace Absent: Jones 7. Adjournment Mayor Turk noted that Olde Salem Days will be held this coming Saturday. She encouraged everyone to take the shuttle from the Civic Center and ride over as shuttles are constantly running. She asked citizens to spread the word. Ms. Jordan asked Barney Horrell, past chairman of the Olde Salem Days Committee, to speak about Olde Salem Days with information and to encourage people to come out. Barney Horrell, on behalf of the Rotary Club, thanked Council for their continued support of this event. He indicated that they had received a heavy registration, consistent with last year and even exceeding last year slightly. He noted a little bit of a challenge because of street work and ongoing construction that had required shifting people around. He asked for the patience of patrons and crafters. Council asked to confirm the beginning time of the event. Mr. Horrell responded that the shuttles begin a little bit later around 9:00, but that citizens may come down to begin shopping around 8:30 a.m. The meeting was adjourned at 7:23 p.m. City Council Special Meeting MINUTES Tuesday, September 17, 2024, 8:30 PM Work Session, Council Chambers, City Hall, Salem, Virginia 24153 1. Call to Order A Special Meeting/Work Session of the Council of the City of Salem, Virginia was held in Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia, on September 17, 2024, at 8:30 a.m., there being present the following members of said Council, to wit: Renée Ferris Turk, Mayor; James W. Wallace, III, Vice-Mayor; Council members: Byron Randolph Foley (participated remotely due to a temporary medical condition that prevented his physical attendance); William D. Jones (absent);, H. Hunter Holliday; with Renée Ferris Turk, Mayor, presiding; together with Chris Dorsey, City Manager; Rob Light, Assistant City Manager and Clerk of Council; Crystal Williams, Assistant to the City Manager; Chuck Van Allman, Director of Community Development; Mary Ellen Wines, Planning and Zoning Administrator; Will Simpson, City Engineer; and the following business was transacted; Mayor Turk reported that this date, place, and time had been set in order for the Council to hold a work session and called the meeting to order; and 2. New Business A. Discussion of potential upcoming Code Changes Staff reviewed multiple draft code revisions with Council and answered questions related to: - Chapter 18: Exterior Maintenance - Chapter 18: Spot Blight Abatement - Chapter 18: Vacant Building Registration - Chapter 106: Tobacco Product Retail Locations and Displays 3. Adjournment The meeting was adjourned at 9:47 a.m. Schedule A Current Year Current Year % of Prior Year Budget Year to Date Budget Year to Date Variance Revenues: Beginning Balance 7-1-24 6,589,377$ -$ 0%-$ -$ General Property Taxes 51,890,783 629,036 1% 525,193 103,843 Other Local Taxes 29,110,800 1,200,071 4% 1,157,081 42,990 Permits and Licenses 359,440 57,665 16%47,969 9,696 Fines and Forfeitures 128,500 11,790 9%11,829 (39) Revenue from Use of Money and Property 6,342,391 1,226,464 19% 1,190,156 36,308 Charges for Services 3,711,197 427,427 12% 390,217 37,210 Payment in Lieu of Taxes from Electric Fund 3,160,000 526,667 17%- 526,667 Payment in Lieu of Taxes from Water Fund 147,696 24,159 16%26,458 (2,299) Miscellaneous Revenue 376,000 42,271 11%85,288 (43,017) Non-Categorical Aid 3,642,803 22,761 1%20,760 2,001 Shared Expenses 1,933,459 138,951 7% 134,707 4,244 Categorical Aid 10,800,992 501,126 5%65,438 435,689 Non-Revenue Receipts 11,846 11,845 100%2,509 9,336 Transfer From Other Funds - - 0% 3,625,078 (3,625,078) Total Revenues 118,205,284 4,820,233 4% 7,282,682 (2,462,449) Expenditures: General Government 11,296,295 2,028,620 18% 1,669,668 358,952 Judicial Administration 3,167,603 474,013 15% 540,257 (66,244) Public Safety 25,368,053 4,016,903 16% 4,225,298 (208,395) Public Works 19,398,299 1,636,163 8% 1,565,168 70,995 Health and Welfare 7,137,055 691,232 10% 582,500 108,732 Education 26,538,801 5,168,600 19% 5,017,473 151,127 Parks, Recreation and Cultural 10,086,964 1,566,809 16% 1,241,659 325,150 Community Development 4,390,653 691,778 16% 618,535 73,243 Non-Departmental 3,349,725 182,519 5% 195,650 (13,131) Transfers Out 6,641,356 435,804 7% 7,275,130 (6,839,326) Contingency 830,480 - 0%- - Total Expenditures 118,205,284 16,892,441 14% 22,931,338 (6,038,897) Revenues Over/(Under) Expenditures -$ (12,072,208)$ (15,648,656)$ 3,576,448$ City of Salem, Virginia General Fund Statement of Revenues and Expenditures For Two Months Ending August 31, 2024 Item #4C Date: 10/07/2024 Schedule B - 50,000.00 100,000.00 150,000.00 200,000.00 250,000.00 300,000.00 350,000.00 400,000.00 450,000.00 500,000.00 550,000.00 600,000.00 650,000.00 700,000.00 750,000.00 800,000.00 850,000.00 900,000.00 950,000.00 1,000,000.00 1,050,000.00 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June City of Salem Sales Tax Summary For Fiscal Years 2022 -2025 FY 2022 FY 2023 FY 2024 FY 2025 Schedule C 50,000.00 100,000.00 150,000.00 200,000.00 250,000.00 300,000.00 350,000.00 400,000.00 450,000.00 500,000.00 550,000.00 600,000.00 650,000.00 700,000.00 750,000.00 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June City of Salem Meals Tax Summary For Fiscal Years 2022 -2025 FY2022 FY2023 FY2024 FY2025 Schedule D - 25,000.00 50,000.00 75,000.00 100,000.00 125,000.00 150,000.00 175,000.00 200,000.00 225,000.00 250,000.00 275,000.00 300,000.00 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June City of Salem Lodging Tax Summary For Fiscal Years 2022 -2025 FY2022 FY2023 FY2024 FY2025 City of Salem, Virginia Special Revenue Fund Statement of Revenues and Expenditures For Period Ending August 31, 2024 Schedule E Project Total Available Year To Budget To Date Encumbrances Project Balance Date Fund Balance, July 1, 2024 -$ Revenues: ARPA - Election Grant 14,075$ -$ -$ -$ 14,075$ -$ Total Revenues 14,075 - - - 14,075 - Expenditures: Election Grant 14,075 14,075 - 14,075 - 14,075 Total Expenditures 14,075$ 14,075$ -$ 14,075$ -$ 14,075 Fund Balance, August 31, 2024 (14,075)$ City of Salem, Virginia Debt Outstanding For Period Ending August 31, 2024 Schedule F Balance Principal Balance 7/1/2024 Issuances Payments 8/31/2024 City Debt Outstanding 2013 Public Improvement Bonds 888,125$ -$ (89,425)$ 798,700$ 2016B Public Improvement Bonds 297,713 - - 297,713 2019 Public Improvement Bonds 4,065,000 - - 4,065,000 2020 Public Improvement Bonds 1,700,000 - - 1,700,000 2020 Public Improvement Refunding Bonds 4,405,060 - - 4,405,060 2021 Public Improvement Refunding Bonds 805,000 - - 805,000 2022B Public Improvement Bonds 13,916,000 - - 13,916,000 Total City Debt Outstanding 26,076,898 - (89,425) 25,987,473 School Debt Outstanding 2012A Public Improvement Bonds 4,295,250 - (477,250) 3,818,000 2013 Public Improvement Bonds 2,736,875 - (275,575) 2,461,300 2020 Public Improvement Bonds 23,395,000 - - 23,395,000 Total School Debt Outstanding 30,427,125 - (752,825) 29,674,300 Total Debt Outstanding 56,504,023$ -$ (842,250)$ 55,661,773$ City of Salem, Virginia Capital Projects Fund Statement of Revenues and Expenditures For Period Ending August 31, 2024 Schedule G Project Total Available Year To Budget To Date Encumbrances Project Balance Date Fund Balance, July 1, 2024 13,449,111$ Revenues: Federal Grants 12,922,021$ 2,370,769$ -$ 2,370,769$ 10,551,252$ -$ State Grants 17,015,640 4,238,063 - 4,238,063 12,777,577 - Proceeds From Debt Issuance 15,015,146 15,015,145 - 15,015,145 1 - Interest Income 663,818 663,817 - 663,817 1 - Transfer From General Fund 25,751,022 25,462,020 - 25,462,020 289,002 3,400 Total Revenues 71,367,647 47,749,815 - 47,749,815 23,617,832 3,400 Expenditures: Next Generation 911 378,493 187,161 30,609 217,770 160,723 - Fire Station #2 Renovations 432,000 113,085 8,386 121,471 310,529 7,563 Fire Station #2 Storage Building 515,000 - - - 515,000 - Fire Station #1 Renovations 654,000 7,781 12,579 20,360 633,640 - Fire Station #3 Renovations 454,000 7,051 4,844 11,895 442,105 - Colorado St Bridge Replacement 11,778,826 3,960,497 2,693,273 6,653,770 5,125,056 102,291 Apperson Drive Bridge Replacement 9,784,451 1,023,809 26,874 1,050,683 8,733,768 - Jury Room Expansion 900,000 243,338 550,714 794,052 105,948 11,583 Apperson Drive Bridge Repairs #1800 682,432 85,772 38,360 124,132 558,300 3,400 Valleydale Streetscape Improvements 1,500,000 - - - 1,500,000 - Upland Drive Storm Drain and Curb & Gutter 125,000 - - - 125,000 - Western Roanoke River Greenway 50,000 1,500 - 1,500 48,500 - Elizabeth Campus Greenway 2,252,578 197,340 10,445 207,785 2,044,793 - Moyer Sports Complex Renovation 27,903,295 25,753,842 1,332,068 27,085,910 817,385 (1,137,672) Mason Creek Greenway Phase 3 2,610,681 270,545 215,627 486,172 2,124,509 28,211 Library Flooring Replacement 190,000 - - - 190,000 - Library Co-working Space 155,000 - - - 155,000 - Civic Center East/West Fields Restroom 261,070 221,070 - 221,070 40,000 221,070 Longwood Park Restroom Replacement #2 170,000 138,973 - 138,973 31,027 138,917 Kiwanis Park Wall Pads 110,000 - 93,448 93,448 16,552 - Library Lawn Special Events Space 500,000 - - - 500,000 - Flood Mitigation-CFPF 78,962 75,013 3,949 78,962 - - Downtown Impr - E Main St/Market St 5,440,677 1,630,625 2,587,097 4,217,722 1,222,955 285,067 Downtown Impr - E Main St/White Oak 2,311,825 40,332 25,175 65,507 2,246,318 - Capital Projects Local Reserve 397,629 - - - 397,629 - Downtown Improvements Reserve 90,350 - - - 90,350 - Excess Local Funding Reserve 1,641,378 - - - 1,641,378 - Total Expenditures 71,367,647$ 33,957,734$ 7,633,448$ 41,591,182$ 29,776,465$ (339,570) Fund Balance, August 31, 2024 13,792,081$ City of Salem, Virginia Capital Reserve Fund Statement of Revenues and Expenditures For Period Ending August 31, 2024 Schedule H Project Total Available Year To Budget To Date Encumbrances Project Balance Date Fund Balance, July 1, 2024 17,026,870$ Revenues: Transfer From General Fund 17,026,870$ 17,026,870$ -$ 17,026,870$ -$ -$ Total Revenues 17,026,870 17,026,870 - 17,026,870 - - Expenditures: Capital Reserve 13,107,803 - - - 13,107,803 - Fire Ladder Truck 2,400,000 - - - 2,400,000 - Body Cameras and In-Car Camera Replacement 654,067 - 654,004 654,004 63 - Front Load Dumpster Truck 415,000 408,857 - 408,857 6,143 408,857 Salem Stadium Scoreboard Replacement 200,000 - - - 200,000 - Civic Center Scoreboard Replacement 250,000 - - - 250,000 - Total Expenditures 17,026,870$ 408,857$ 654,004$ 1,062,861$ 15,964,009$ 408,857 Fund Balance, August 31, 2024 16,618,013$ Schedule I Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Sale of Power 50,066,620$ 10,240,734$ 20%7,399,422$ 2,841,312$ Other Electric Revenue 648,370 68,000 10%72,024 (4,024) Reserve for Encumbrances 1,817,312 - 0%- - Appropriated from Net Position 250,000 - 0%- - Total Operating Revenues 52,782,302 10,308,734 20%7,471,446 2,837,288 . Operating Expenses Other Power Generation - Operation 125,000 18,695 15%15,089 3,606 Other Power Generation - Maintenance 103,715 22,271 21%4,977 17,294 Purchased Power 26,815,000 5,893,104 22%5,177,224 715,880 Transmission - Operation 10,054,500 1,605,928 16%1,718,573 (112,645) Transmission - Maintenance 46,750 498 1%524 (26) Distribution - Operations 1,194,500 185,093 15%187,359 (2,266) Distribution - Maintenance 1,609,161 227,554 14%224,423 3,131 Customer Service 686,849 103,787 15%96,981 6,806 Administration & General - Operation 2,814,721 (9,018) 0%(18,171) 9,153 Administration & General - Maintenance 242,000 90,742 37%87,877 2,865 Depreciation - 292,715 0%237,497 55,218 Capital 5,399,755 (161,594) -3%(323,872) 162,278 Contingency 530,351 - 0%- - Total Operating Expenses 49,622,302 8,269,775 17%7,408,481 861,294 Income (loss) Before Transfers 3,160,000 2,038,959 62,965 1,975,994 Transfers (Payment in Lieu of Taxes)(3,160,000) (526,667) 17%- (526,667) Income (loss)-$ 1,512,292$ 62,965$ 1,449,327$ Income (loss)-$ 3,024,584$ 125,930$ 2,898,654$ City of Salem, Virginia Electric Fund Statement of Operations For One Month Ending August 31, 2024 Schedule J Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Services 7,967,406$ 1,489,473$ 19%1,232,013$ 257,460$ Other Revenue 530,996 64,662 12%77,844 (13,182) Reserve for Encumbrances 5,636,889 - 0%- - Total Operating Revenues 14,135,291 1,554,135 11%1,309,857 244,278 . Operating Expenses Salaries of Personnel 1,136,388 155,279 14%147,241 8,038 Fringe Benefits 479,930 73,336 15%70,830 2,506 Contractual Services 729,307 74,044 10%70,693 3,351 Printing and Binding 2,500 - 0%24 (24) Advertising 1,000 - 0%- - Utilities 422,200 91,664 22%64,129 27,535 Communications 5,900 648 11%624 24 Insurance 36,000 1,786 5%1,786 - Travel and Training 9,800 408 4%753 (345) Miscellaneous 66,793 34,384 51%34,134 250 Materials and Supplies 331,688 56,980 17%82,462 (25,482) Depreciation - 143,708 0%142,510 1,198 Capital 3,242,861 69,245 2%130 69,115 Contingency 265,581 - 0%- - Total Production Expenses 6,729,948 701,482 10%615,316 86,166 Salaries of Personnel 774,961 128,435 17%90,356 38,079 Fringe Benefits 368,938 62,720 17%42,305 20,415 Contractual Services 837,061 183,278 22%139,395 43,883 Printing and Binding 500 - 0%- - Communications 4,850 1,326 27%602 724 Insurance 36,000 - 0%- - Lease/Rent of Equipment 2,000 250 13%250 - Travel and Training 7,600 178 2%178 - Miscellaneous 33,193 6,390 19%5,337 1,053 Miscellaneous Credits (290,000) (67,924) 23%(51,402) (16,522) Materials and Supplies 166,075 16,802 10%34,246 (17,444) Depreciation - 38,368 0%18,170 20,198 Capital 3,441,949 545,692 16%14,302 531,390 Interest Obligations 1,874,520 (31,973) -2%(41,886) 9,913 Total Distribution Expenses 7,257,647 883,542 12%251,853 631,689 Income (loss) Before Transfers 147,696 (30,889)442,688 (473,577) Transfers (Payment in Lieu of taxes)(147,696)(24,159) 16%(26,458) 2,299 Income (loss)-$ (55,048)$ 416,230$ (471,278)$ - Production Distribution City of Salem, Virginia Water Fund Statement of Operations For One Month Ending August 31, 2024 Schedule K Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Services 7,220,956$ 1,278,226$ 18%1,141,115$ 137,111$ Other Revenue 182,200 21,552 12%21,504 48 Reserve for Encumbrances 732,058 - 0%- - Appropriated from Net Position 1,685,000 - 0%- - Total Operating Revenues 9,820,214 1,299,778 13%1,162,619 137,159 . Operating Expenses Salaries of Personnel 952,012 124,598 13%117,737 6,861 Fringe Benefits 432,026 61,431 14%58,555 2,876 Contractual Services 3,454,354 411,388 12%402,928 8,460 Printing and Binding 1,500 - 0%127 (127) Advertising 1,500 - 0%- - Utilities 4,500 579 13%696 (117) Communications 14,850 2,315 16%2,160 155 Insurance 15,000 - 0%- - Lease/Rent of Equipment 1,800 250 14%250 - Travel and Training 12,000 1,246 10%193 1,053 Miscellaneous 40,693 8,889 22%5,289 3,600 Miscellaneous Credits (270,000) (34,701) 13%(34,365) (336) Materials and Supplies 93,420 8,099 9%8,519 (420) Depreciation - 240,352 0%228,480 11,872 Capital 2,856,114 29,391 1%3,726 25,665 Interest Obligations 1,803,283 1,777 0%(32,574) 34,351 Contingency 407,162 - 0%- - Total Operating Expenses 9,820,214 855,614 9%761,721 93,893 Income (loss) before Transfers - 444,164 400,898 43,266 Income (loss)-$ 444,164$ 400,898$ 43,266$ City of Salem, Virginia Sewer Fund Statement of Operations For One Month Ending August 31, 2024 Schedule L Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Shows/rentals 373,000$ 55,329$ 15%69,004$ (13,675)$ Box office shows 1,500,000 2,349 0%150,808 (148,459) Catering and concessions - - 0%915 (915) Merchandise and commissions 250,800 12,630 5%42,056 (29,426) Static advertising 55,000 5,875 11%7,375 (1,500) Miscellaneous income 20,000 763 4%2,023 (1,260) Interest Income 1,000 62 6%55 7 Salem Fair 645,000 672,481 104%609,533 62,948 Reserve For Encumbrances 178,614 - 0%- - Appropriated from Net Position 272,190 - 0%- - Total Operating Revenues 3,295,604 749,489 23%881,769 (132,280) Operating Expenses Salaries of personnel 1,451,908 269,469 19%287,504 (18,035) Fringe benefits 547,769 79,872 15%83,563 (3,691) Maintenance and contractual services 399,487 25,399 6%37,906 (12,507) Printing and binding 500 - 0%- - Advertising 23,000 5,590 24%2,949 2,641 Utilities 323,000 103,141 32%62,229 40,912 Communications 12,700 1,681 13%1,528 153 Insurance 30,500 - 0%- - Leases and Rentals 3,200 2,639 82%- 2,639 Travel and training 11,600 - 0%4,572 (4,572) Miscellaneous 108,267 25,133 23%21,068 4,065 Show expense 1,450,000 14,983 1%158,067 (143,084) Fair expense 625,363 385,583 62%607,213 (221,630) Materials and supplies 38,000 6,883 18%5,461 1,422 Capital 1,107,954 - 0%100,950 (100,950) Depreciation - 49,218 0%45,594 3,624 Total Operating Expenses 6,133,248 969,591 16%1,418,604 (449,013) Income (loss) Before Transfers (2,837,644)(220,102) (536,835)316,733 Transfers 2,837,644 327,941 12%308,498 19,443 Income (loss)-$ 107,839$ (228,337)$ 336,176$ 0.00 City of Salem, Virginia Salem Civic Center Statement of Operations For One Month Ending August 31, 2024 Schedule M Operating Revenues: Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Catering 655,785$ 76,996$ 12%114,856$ (37,860)$ Concessions 137,833 7,080 5%7,665 (585) Moyer Concessions 65,000 19,402 30%- 19,402 Salem High Concessions 8,500 1,148 14%1,095 53 Appropriated from Net Position 54,916 - 0%- - Total Operating Revenues 922,034 104,626 11%123,616 (18,990) . Operating Expenses: Salaries of personnel 305,459 46,094 15%45,944 150 Fringe benefits 111,075 14,634 13%15,995 (1,361) Contractual services 9,465 2,417 26%984 1,433 Printing and binding 300 - 0%- - Laundry and Cleaning 2,500 - 0%- - Communications 200 32 16%29 3 Insurance 2,000 - 0%- - Miscellaneous 24,848 5,576 22%5,031 545 Materials and supplies 254,331 26,466 10%35,048 (8,582) Capital 54,916 - 0%- - Depreciation - 574 0%731 (157) Total Catering Expenses 765,094 95,793 13%103,762 (7,969) Salaries of Personnel 58,030 9,351 16%8,235 1,116 Fringe Benefits 15,246 1,347 9%1,082 265 Contractual services 25,000 - 0%750 (750) Miscellaneous 150 (26) -17%(14) (12) Materials and Supplies 29,000 1,035 4%3,421 (2,386) Total Concessions Expenses 127,426 11,707 9%13,474 (1,767) Salaries of Personnel 37,000 5,578 15%- 5,578 Fringe Benefits 11,698 1,530 13%- 1,530 Contractual services 2,500 6,450 258%417 6,033 Miscellaneous - 161 0%- 161 Materials and Supplies 21,000 3,405 16%- 3,405 Total Moyer Expenses 72,198 17,124 24%417 16,707 Salaries of Personnel 4,461 245 5%81 164 Fringe Benefits 1,676 84 5%36 48 Contractual 2,500 - 0%105 (105) Materials and Supplies 1,807 89 5%575 (486) Total Salem High Expenses 10,444 418 4%797 (379) Income (loss) Before Transfers (53,128)(20,416)5,166 (25,582) Transfers 53,128 - 0%- - Income (loss)-$ (20,416)$ 5,166$ (25,582)$ Moyer Concessions Salem High Concessions City of Salem, Virginia Salem Catering and Concessions Statement of Operations For One Month Ending August 31, 2024 Catering Concessions City of Salem, Virginia Water and Sewer Capital Fund Statement of Revenues and Expenditures For Period Ending August 31, 2024 Schedule N Project Total Available Year To Budget To Date Encumbrances Project Balance Date Fund Balance, July 1, 2024 13,575,000$ Revenues: Transfer From General Fund 13,575,000$ 13,575,000$ -$ 13,575,000$ -$ -$ Total Revenues 13,575,000 13,575,000 - 13,575,000 - - Expenditures: North Salem Water Improvements 6,200,000 - - - 6,200,000 - Roanoke River Upper Sewer Rehab 7,000,000 - - - 7,000,000 - Wiley Ct Sewer Improvements 375,000 - - - 375,000 - Total Expenditures 13,575,000$ -$ -$ -$ 13,575,000$ - Fund Balance, August 31, 2024 13,575,000$ Schedule O Budget Current Year Year to Date Percent to Date Prior Year Year to Date Variance Beginning Net Position -$ 9,390,036$ 7,846,412$ 1,543,624$ Revenue Premiums Paid - City 6,016,000 491,988 8% 491,876 112 Premiums Paid - School 5,150,000 418,903 8% 433,093 (14,190) Premiums Paid - Retirees 697,500 129,324 19% 119,679 9,645 Dental Premiums Paid 590,600 52,715 9% 52,978 (263) Interest Earnings 475,000 - 0% - - Miscellaneous 5,000 1,574 31% - 1,574 Total Year to Date Revenues 12,934,100 1,094,504 8% 1,097,626 (3,122) Expenses Health Claims 11,700,266 1,282,213 11% 741,387 540,826 Dental Claims 590,600 51,055 9% 44,203 6,852 Employee Health Clinic 532,884 38,304 7% 36,920 1,384 Consulting Services 105,250 11,376 11% 10,803 573 Miscellaneous 5,100 4,408 86% 4,170 238 Total Year to Date Expenses 12,934,100 1,387,356 11% 837,483 549,873 Ending Net Position -$ 9,097,184$ 8,106,555$ 990,629$ City of Salem, Virginia Health Insurance Fund Statement of Revenues and Expenses For One Month Ending July 31, 2024 City of Salem, Virginia Schedule of Deposits and Investments For Period Ending August 31, 2024 Schedule P FV as a Cash Value Net Change Fair Value % of 8/31/2024 in Fair Value 8/31/2024 Portfolio Demand & Time Deposits Concentration Account 50,031,168$ -$ 50,031,168$ 30.6% Payroll Account 10,524 - 10,524 0.0% Revenue Recovery Account 4,393 - 4,393 0.0% Utility Billing Account 59,298 - 59,298 0.0% Box Office Account 1,005,678 - 1,005,678 0.6% Held as Fiscal Agent of: Cardinal Academy 982,888 - 982,888 0.6% Court Community Corrections 1,452,151 - 1,452,151 1.0% Held on Behalf of: Economic Development Authority 249,470 - 249,470 0.2% Total Demand & Time Deposits 53,795,570 - 53,795,570 33.0% Investments Local Government Investment Pool (LGIP) 108,888,246 - 108,888,246 66.6% Held on Behalf of: Economic Development Authority LGIP 605,140 - 605,140 0.4% Total Investments 109,493,386 - 109,493,386 67.0% Total Deposits and Investments 163,288,956$ -$ 163,288,956$ 100.0% Item #6A Date: 10/07/2024 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: October 7, 2024 AGENDA ITEM: Hold a public hearing to receive the views of citizens within the School Division regarding the School Board appointments for the expiring terms ending December 31, 2024, of two members of the City of Salem School Board. SUBMITTED BY: Chris Dorsey, City Manager SUMMARY OF INFORMATION: City Council is holding a public hearing pursuant to section 22.1 -29.1 of the Code of Virginia as amended to receive citizen views regarding filling the expiring terms ending December 31, 2024, of Nancy Bradley and Teresa Sizemore for the City of Salem School Board. As advertised in the Thursday, September 19th edition of the Salem Times-Register, all candidates seeking appointment were requested to submit a letter of interest and resume prior to the end of this public hearing. However, in all cases the names of all candidates for consideration must be expressed by the closing of the public hearing. STAFF RECOMMENDATION: Staff recommends Council conduct a public hearing on this item. Item #6B Date: 10/07/2024 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL AGENDA ITEM: Chapter 106 Code Changes Hold public hearing and consider ordinance on first reading enacting Chapter 106, Zoning, Article III, Use and design standards, section 106-310.25 and amending Chapter 106, Zoning, Article II, District Regulations, Section 106- 214.2(B)(5) Commercial use Types, Article VI. Definitions and use types, Section 106-602.9 Commercial use types and adopting Section 106-310.25 pertaining to retail sales, Smoke Shop of the CODE OF THE CITY OF SALEM, VIRGINIA (Advertised in the September 19 and 26 issues of the Salem Times-Register.) (Planning Commission recommended approval; see page 11-12 of Planning Commission minutes.) SUBMITTED BY: Max Dillon, Planner SUMMARY OF INFORMATION: In July of 2024, the Virginia General Assembly adopted legislation allowing localities to regulate the retail sale locations of tobacco products, nicotine vapor products, alternative nicotine products, or hemp products intended for smoking for any such retail sale location and may prohibit a retail sale location on property within 1,000 linear feet of a child day center of a public, private, or parochial school. As a result, staff proposes creating a use type, “Retail Sales, smoke shop,” which distinguishes general retail sales from the retail sale of tobacco, nicotine, or hemp products. That new use type will be permitted in the HBD Highway Business District zoning designation by Special Exception Permit, and would be subject to the following use and design standards:  No retail sale location of tobacco products, nicotine vapor products, alternative nicotine products, or hemp shall be located within 1000 feet of a child day care center or a public, private, or parochial school.  All windows and doors facing the street right of way shall be maintained as transparent and shall not be tinted or obscured. Smoking, vaping or other related products and paraphernalia shall not be displayed as to be seen from adjacent properties. Existing businesses that fall into this new use type can remain in a legal nonconforming status until they cease to operate for a period of two years or longer. RECOMMENDATION: 1. Recommend approval of the proposed code in conjunction with Section 15.2 912.4 of the Code of Virginia. Planning Commission MINUTES Wednesday, September 11, 2024, 7:00 PM Work Session 6:00PM Regular Session 7:00PM Council Chambers Conference Room, City Hall, 114 North Broad Street: WORK SESSION 1. Call to Order A work session of the Planning commission of the City of Salem, Virginia, was held in Council Chambers Conference Room, City Hall, 114 North Broad Street, at 6:00 p.m. on September 11, 2024; there being present said Commission members to wit: Denise P. King, Reid Garst, Mark Henrickson; Jackson Beamer; and Nathan Routt, constituting a legal quorum, presided together with Chris Dorsey, City Manager and Executive Secretary, ex officio member of said Commission; Jim Guynn, City Attorney; Mary Ellen Wines, Planning & Zoning Administrator; Maxwell S. Dillon, Planner, and the following business was transacted: Chair King called the meeting to order at 6:00 p.m. and reported that this date, place, and time had been set for the Commission to hold a work session. 2. New Business A. Discussion of items on the September agenda 1. Zoning Ordinance amendments a. Storage containers b. Retail sales, smoke shops 3. Adjournment Chair King adjourned the meeting at 6:51pm REGULAR SESSION 1. Call to Order The regular meeting of the Planning commission of the City of Salem, Virginia, was held in Council Chambers, City Hall, 114 North Broad Street, at 7:00 p.m. on September 11, 2024; there being present said Commission members to wit: Denise P. King, Reid Garst, Mark Henrickson; Jackson Beamer; and Nathan Routt, constituting a legal quorum, presided together with Chris Dorsey, City Manager and Executive Secretary, ex officio member of said Commission; Jim Guynn, City Attorney; Mary Ellen Wines, Planning & Zoning Administrator; Maxwell S. Dillon, Planner, and the following business was transacted: Chair King called the meeting to order at 7:01 p.m. and reported that this date, place, and time had been set in order for the Commission to hold a regular meeting. 2. Pledge of Allegiance 3. Roll Call All members of the Commission were in attendance. 4. Consent Agenda A. Minutes Consider acceptance of the minutes from the August 14, 2024, work session and regular meeting. On motion by Commissioner Henrickson seconded by Commissioner Routt the minutes of the August 14, 2024, meeting were accepted. Chair King introduced Nathan Routt as the newest member of the commission. 5. Old Business Item A. Amendment to the City code Chapter 106 Zoning. Hold a public hearing to consider amending Chapter 106, Zoning, Article IV Development Standards, section 106-406 miscellaneous provisions of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to storage containers. Continued from the June 2024 meeting. Chair King opened the public hearing at 7:04 p.m. and asked if anyone would like to speak to this matter. Mary Ellen Wines, Planning & Zoning Administrator, 21 S. Bruffey Street, appeared before the Commission recalling a time around 2017 when the city came to realize that storage containers or shipping containers had become an extremely popular and economical way for businesses to store products, merchandise, and inventory. As a result of the multitudes of containers that had been inundated in the City, it became apparent to some that it is possible that these containers could potentially be a detriment to our major corridors and could be without regulation. So, in 2017 an ordinance was adopted that would allow storage containers only on a temporary basis, (30) thirty days in residentially zoned properties and (90) ninety days in commercial and industrially zoned properties. Enforcement on that was difficult as staff was limited. As enforcement was increased due to the addition of the Codes Compliance Investigator position it was quickly obvious that that businesses needed that economical storage and that keeping them on a temporary basis really does not help them in the long run. As the ordinance was reviewed, a balance between the needs of the businesses and the detriment to the community was hard to reach. Staff is now presenting a code amendment that would allow permanent storage containers on commercial and industrial properties. Residential properties will stay the same. Residents can get a permit and keep a container for (30) thirty days while they are doing work on the home, or while they are moving. If the resident needs additional time, an extension can be granted. If there is a building permit associated with the container then the storage container can stay as long as the permit is active and construction is continuing. As for commercial and industrial properties, new regulations to bring a balance have been proposed. The regulations would state that no vehicle truck body, detachable semitrailer, manufactured home, mobile home, bus trailer, recreational vehicle, or similar equipment shall be used as a storage container in any zoning district. Shipping containers and mobile storage containers, however, can be allowed for non-residential or agriculturally zoned properties. If these containers are only needed for a short period of time, a zoning permit may be issued to allow the temporary use making these containers not to have to adhere to some of the requirements in the proposed ordinance. If these containers need to be temporarily allowed in the right of way, then a Right of Way permit would be needed, and the regulations would apply to this situation per the City’s engineering division. If these containers are found to be used as a building for occupancy, swimming pool, or a storage container home and if it adheres to the Uniform Statewide Building Code, then it does not have to adhere to this section either. If a current building permit has been obtained, the containers do not have to adhere to these regulations. If used on a permanent basis for commercial zoned property they would be limited to (2) two containers per acre. There is no limitation on industrially zoned property. If the property is less than (1) one acre (1) one storage container will be permitted. If multiple parcels are owned that are adjacent or contiguous, then the containers can be consolidated on one parcel without having to spread them throughout the adjacent properties. All containers must be placed in a location that does not encroach upon parking spaces, drive aisles, fire lanes, landscaping or stormwater management areas. These containers need to be placed where they will not inhibit sight distances so there will be no safety issues. Each container shall be reported to the Commissioner of the Revenue’s office for tax purposes. This is not a new regulation, just reiterating that they should be reporting them. No container shall display any type of signage. No container shall be connected to any public utility services. The stacking storage containers will be prohibited. If the property using the storage container is adjacent to residential property it will be required to have a landscape buffer installed. Additional standards will apply to the City’s major corridors including Main Street, Wildwood Road, 4th Street, Thompson Memorial, College Avenue, Electric Road, Texas Street, Roanoke Boulevard, Apperson Drive, South Colorado Street, and Lynchburg Turnpike. These major corridors should be protected as they are the entrances into the city for visitors and future business owners. All containers in the above- mentioned areas shall be painted a singular neutral color, such as black, white, gray, brown, cream, beige, and taupe. All containers must be maintained free of rust, free of deterioration, graffiti, and other decomposition. Containers shall have a maximum length of (20) twenty feet and must be placed behind the front building line of the principal structure. Vice-Chair Garst stated he would like to commend Ms. Wines and her staff for all the hard work they put into this presentation. Chair King asked if anyone else had any comments. With no reply, Chair King thanked Ms. Wines. Chair King asked if there was anyone else to speak on this matter. Duane Smith introduced himself and stated his address as 1020 S. College Ave. Mr. Smith being in favor of these amendments, spoke to them being a great improvement over the existing rule of carte blanche not being allowed that was adopted in 2017. Mr. Smith questioned if the current containers would be grandfathered or not. Ms. Wines answered that containers that were in place prior to 2017 would be considered grandfathered. Mr. Smith, wanting clarification, stated anything prior to 2017, anything (7) seven or (8) eight years ago. Ms. Wines responded that as long as it has not moved or been replaced it would be considered legal nonconforming. Chair King clarified that the 2017 date was when the current zoning went into effect. Mr. Smith stated that his biggest concern with all of this was that most of the people who own the containers that are getting the most complaints are grandfathered in. He explained that he has a number of these containers for his properties, and some of his tenants also have them. Most of the containers are excluded; they are grandfathered and meet these rules because he is already proactive about the regulations for his properties. Mr. Smith noted that he knows of some containers in the valley that have brought about the complaints, and the problem with most of those containers is that they are also grandfathered. This status will not change anything regarding their appearance or location. He questioned the solution for new businesses that may move into space, find they need extra storage, and encounter the same issues his tenants have faced — outgrowing their space but not wanting to move. While there is an option for adding on, they often have inventory that becomes excessive, requiring them to free up some space. He provided the example of one tenant who has equipment he is not currently using, which is stored in a container. Mr. Smith believes these regulations may still restrict new businesses in their potential for growth, despite the need for some rules. If the requirement is that the containers should be painted a neutral color, then all containers, even those in place before 2017, should adhere to this rule. He pointed out that some containers look quite bad, and there are many old items around, like old trucks and buildings. Mr. Smith agreed that the current proposal is much better than what is in place now. He acknowledged that if all the rules were enforced, about 400 people in town would be upset. The City of Salem itself has a couple dozen of these containers, including tractor trailers and box trucks that have had their frames removed, all of which are grandfathered and do not meet current regulations. Carter Machinery has a whole row of them. Mr. Smith thought the rules could still be tweaked a bit. While he sees the proposal as a positive step forward, he is unsure how to appease existing concerns without making things difficult for those who may need additional storage. He pointed out that this approach would not resolve the issues regarding eyesores, especially since some containers have been in place for much longer than others. He felt that this amendment is an improvement over the current situation, especially compared to a scenario where no one is allowed to have a container. He noted that in his neighborhood, everyone has an outbuilding to store items like lawnmowers, which parallels the need for commercial buildings to have space for storage. The reason for containers at his properties arose from incidents of theft; the Salem Police Department advised him to secure items. The only way to lock things up in a fenced lot is to place them in a container. Mr. Smith mentioned that he stores his lawn equipment, pipes, wire, and other items that would typically be in a shed or outside within a container. People are interested in purchasing containers, but due to the ongoing discussions, they are uncertain about making such a commitment. He emphasized that these containers are definitely needed and that rules should encourage people to maintain their surroundings. There is a significant gray area surrounding this topic, and residential properties require some provisions as well. He suggested that the timeframe for compliance could be extended from 30 days to 90 days, as projects like kitchen remodels often take longer. Most people do not want a container sitting in their front yard indefinitely. Mr. Smith acknowledged that Ms. Wines and her team had worked hard on this initiative, and he believes it is much better than before. However, he admitted uncertainty about whether this would be the definitive solution, though he views it as an improvement. He expressed hope that some of the existing issues would be addressed, as they draw attention to the containers located at his properties. Chair King asked Mr. Smith if the new zoning amendment, allowing tenants to have storage containers, would make them happy as long as they were maintained. Mr. Smith responded that, based on some conditions outlined in a particular paragraph, some of his properties would still not be allowed to have a container due to their locations on major streets with additional restrictions. He noted that they might be allowed to have one 20-foot container but not two, as they would need a 40-foot one. He emphasized that all containers should be presentable, even those that aren’t visible. He mentioned that College Avenue impacts several of his properties, and while some farther down are zoned industrial, others on College Avenue, 8th Street, or 9th Street remain visible. He questioned whether this meant he would need to put a fence around everything, noting that a 9-foot-tall container would require a 10-foot fence, which would not adequately hide an 8-foot fence in front of it. Ms. Wines clarified that a landscape buffer is required, not a fence, explaining that a 12-foot fence could be just as intrusive as the storage container itself. Mr. Smith reiterated that while this amendment is better, he hated to see some tenants potentially without storage because of it. He felt there should be some leeway in the regulations. He pointed out that many thoroughfares, like Apperson Drive, have numerous containers. Skyline Door and Valley Printing have them behind their businesses, which can be seen from the street. The containers along West Main Street are also numerous and will be grandfathered, so their appearance won’t change. He noted that the city cannot require their removal, as most owners didn’t spend $6,000 on a storage container for no reason; they genuinely needed them. After sharing his thoughts, Mr. Smith said he wouldn’t fuss about the amendment, acknowledging it is a significant improvement, but he wasn’t sure it fully captures the spirit of what the Commission intends the ordinance to achieve. He stated that when one needs a storage container, it is essential, but it shouldn't look like an old rusty bucket is thrown in the yard. Mr. Garst asked Mr. Smith if he still had concerns about the goal of the code to clean up the visibility of these corridors, reiterating that this might not happen because the vast majority of containers are grandfathered in. Mr. Smith replied that between Andrew Lewis and Advanced Auto Parts, there are probably a hundred containers in that area, which aren’t noticeable unless someone is specifically looking for them. However, some on Apperson and 4th Street stand out significantly. He noted that these grandfathered containers have attracted attention to the rest of them, leaving the answer unclear. Chair King remarked that some jurisdictions have outlawed storage containers, while acknowledging that businesses do need them. Mr. Smith replied that in Roanoke City, particularly on Shenandoah Avenue, containers are everywhere. He stated that while residential neighborhoods don’t need them, many businesses do, as they often prefer them over wooden storage buildings, which are less durable and secure. He noted that storage containers are sealed to keep out bugs, mice, and weather. He mentioned that he has items that store better in a storage container than in his own basement, as these containers are designed for shipping and can withstand various weather conditions. He cited examples of areas using containers for low-income or affordable housing, stacking them to create complexes. Mr. Hendrickson inquired about the term "grandfathering," asking when it applies— upon property sale or other conditions. Ms. Wines explained that containers are grandfathered until they are moved in any way, shape, or form. Mr. Hendrickson questioned whether this means that if someone sells a property, the storage container could remain indefinitely. Ms. Wines clarified that while it could stay, if it is replaced or used for different merchandise and then moved, it loses its grandfathered status. Mr. Hendrickson expressed appreciation for the definition of grandfathering. Ms. Wines elaborated that the only way to effect change is through development, similar to how new landscaping requirements come about. She noted that while containers last a long time, they might need to be switched out eventually. If no amendment is in place when they are moved, then no change will occur. Mr. Routt asked if there was any way to bypass the grandfathering status. Mr. Garst added if there is a different way to regulate those containers that are grandfathered. Mr. Routt sought clarification on how certain containers received grandfathered status. Ms. Wines explained that there are uses and structures that don’t conform to the new code, which are considered legal nonconforming and may remain. However, they cannot be forced to meet the new code, and the only option is to move forward. Mr. Hendrickson inquired about alternative ways to regulate the existing containers, particularly those considered eyesores or grandfathered in. Ms. Wines responded that changes cannot be made through the zoning ordinance, but property maintenance codes might provide some form of regulation. Anything in the zoning ordinance falls under the legal nonconforming status. Mr. Smith expressed a desire to see the eyesores cleaned up without punishing past or future property owners. He noted that if containers are needed and not detrimental to neighboring properties, they are a benefit. He considered the amendment better than the 2017 ordinance and preferable to having no containers allowed at all. He compared wooden storage buildings to metal containers, stating that the former aren’t even equal to the latter. Ms. Wines stated that it would require significant research from the zoning department to determine which containers are grandfathered. She explained that some have been in place for a while but may have been switched out over the years. If any changes were made after 2017, those containers wouldn’t be grandfathered, despite their long-standing presence. She acknowledged that this would be a difficult and time-consuming process. Mr. Smith remarked that this situation would affect companies like Lewis Gale and Carter Machinery. He noted that Lewis Gale has had containers around which they have built with infrastructure, and some are even wired. Mr. Hendrickson sought clarification about whether someone could place a wooden building, such as those sold by Leonard or Anchor, on the property without distinction from a metal storage container. Ms. Wines responded that under the current code, they could. Mr. Hendrickson noted that this regulation seems inconsistent. Mr. Wines clarified that it is regulated, as a permit is required. Ms. Wines further explained that wooden buildings are considered accessory structures and thus are subject to regulations. Mr. Smith added that obtaining a permit for an accessory structure is possible. Ms. Wines affirmed that in commercial and industrial areas, there are fewer regulations. Mr. Beamer reiterated that storage containers are superior to wooden buildings. Mr. Smith remarked that while he could have a row of wooden buildings, he could not have a row of shipping containers, stating that the latter are a better structural option. Mr. Garst questioned whether a storage container is considered an accessory structure. Ms. Wines confirmed that they are not. Mr. Smith contended that there should be no distinction between a wooden building and a storage container since both are delivered and moved in similar ways, differing only in material. Ms. Wines clarified that storage buildings must meet building code requirements, such as foundation and anchoring, which adds additional regulatory layers that storage containers do not have. A mobile storage container is not classified as an accessory structure and is treated differently. Mr. Beamer noted that wooden structures must maintain a five-foot setback. Ms. Wines confirmed this is dependent on the zoning district, stating that commercial and industrial zones have zero side yard setbacks, while residential zones require a five-foot setback. Mr. Smith commented on the complexity of the regulations, noting that they are evolving as the prevalence of shipping containers in the U.S. increases, with a significant percentage never leaving the country. Ms. Wines stated that shipping containers are industrial, possessing a different aesthetic. She pointed out that while some corridors contain industrial properties, there must be a balance since there is no perfect ordinance that will satisfy everyone. Mr. Smith expressed his support for most aspects of the ordinance, emphasizing that the needs of tenants in the future are his primary concern. Chair King stated that a zoning ordinance can be amended. Mr. Smith reiterated his support for most of the ordinance but expressed that it remains restrictive for new businesses, particularly those that are growing. He noted that his tenants typically rent containers after needing additional space for over ten years, and as the property owner, he does not want them to move. Mr. Beamer noted that many tenants often lack alternative locations. Chair King thanked Mr. Smith for his comments and inquired if anyone else wished to speak on the matter. Barney Horrell, of 3553 Carvins Cove Road, addressed the Commission, stating that he initially had no intention to speak but began reflecting on the true purpose of planning and zoning. He emphasized that planning and zoning involve long -term goals for a community and that creating an ordinance like this signifies a long-term vision for where the community is headed. He cautioned that attempting to tailor an ordinance to address immediate concerns may be misguided. Chair King asked if anyone else had anything to add. With no further response, the public meeting was closed at 6:51 PM. Chair King solicited comments or motions from the commissioners. Mr. Hendrickson acknowledged the validity of both Mr. Smith's and Mr. Horrell's comments, thanking them for their input. Commissioner Beamer echoed Mr. Hendrickson’s sentiments, appreciating the insights shared. He recognized that while the ordinance was anticipated, the discussion highlighted areas for improvement. He expressed gratitude for everyone involved in compiling information for the ordinance and noted that with two new commissioners, a collective effort is needed to finalize the ordinance, suggesting it might be prudent to move the decision to the following month’s meeting. He proposed appointing Mr. Smith to a committee for further discussion. Commissioner Garst agreed that some good points were brought up. One being concerned about the unattended consequences of people just home-steading these containers and not improving them because they are grandfathered. The problems are not going to be rectified by this change. The biggest offenders are not going to be incentivized to make the changes this is trying to make. Commissioner Beamer commended Commissioner Garst. Chair King asked for any other comments. No one came forward. She asked for a motion. Commissioner Beamer made a motion to table the amendment until the November meeting. Chair King asked if there was a 2nd. Commissioner Henrickson asked if an amendment could be made to the motion to work a little bit more in a direction to solve the issues that have been raised. Let staff work on it a little more. Commissioner Routt stated that was the intent of the motion. Knowing the planning and zoning department worked hard on it and gave the commission ample opportunity to see several drafts. Now that it is in front of the Commission it seems different, like it is real. If it were tabled it shouldn’t be left up to the planning and zoning department to come up with something, help is going to be needed. The help should come from the Commission or other people, it needs to be a collaborative effort. Chair King stated that there seems to be a real problem with the storage containers that may be grandfathered and any further change in what we have in front of us is still not going to resolve that issue. We need to start somewhere. We can always amend zoning ordinances, but we need to start somewhere. Commissioner Garst asked if it should be put on property maintenance. Commissioner Beamer stated that he would amend his motion that we continue to the November meeting. The Commission needs to work with staff to address the concerns brought before the Commission. Chair King asked if there was a 2nd Commissioner Henrickson seconded the motion. Commissioner Garst stated that he wants to make sure that the work that we do addresses the current problems with appearance as well as sets forth the vision of what we are trying to do in the future. Chair King called for a roll call. Mr. Routt, aye; Mr. Henrickson, aye; Mr. Beamer, aye; Mr. Garst, aye; Chair King, nay. Chair King asked for the second item to be read. 6. New Business A. Amendment to the City Code – Chapter 106 Zoning Hold public hearing to consider enacting Chapter 106, Zoning, Article III, Use and design standards, section 106-310.25 and Amending Chapter 106, Zoning, Article II, District Regulations, Section 106-214.2(B)(5) Commercial use Types, Article VI. Definitions and use types, Section 106-602.9 Commercial use types of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to retail sales, smoke shop. Chair King opened the public hearing at 7:42pm Max Dillon, Planner, 21 S. Bruffey Street appeared before the Commission stating he hoped he had a little more of a straightforward item to present to the Commission. He stated in July of 2024, the Virginia General Assembly adopted legislation allowing localities to regulate the retail sale locations of tobacco products, nicotine, vapor products, alternative nicotine products, or hemp products intended for smoking. For any such retail sale location the City may prohibit a retail sale location on property within (1,000) one thousand linear feet of a child day care center of a public, private, or parochial school. As a result, staff proposes creating a use type, “Retail Sales, smoke shop,” which distinguishes general retail sales from the retail sale of tobacco, nicotine, or hemp products. That new use type will be permitted in the HBD Highway Business District zoning designation by Special Exception Permit, and would be subject to the following use and design standards: • No retail sale location of tobacco products, nicotine vapor products, alternative nicotine products, or hemp shall be located within (1,000) one thousand feet of a child day care center or a public, private, or parochial school. • All windows and doors facing the street right of way shall be maintained as transparent and shall not be tinted or obscured. Smoking, vaping, or other related products and paraphernalia shall not be displayed as to be seen from adjacent properties. Existing businesses that fall into this new use can remain in a legal nonconforming status until they cease to operate for a period of two years or longer. Chair King asked if anyone had any questions for Mr. Dillon. Mr. Beamer asked if the cigarette store near Andrew Lewis Middle school would be grandfathered in. Mr. Dillon answered if it is currently operating it would be allowed to continue to operate until the use changes or it is vacant for (2) two or more years. Mr. Henrickson inquired about the store on Chestnut Street because it is located near First United Methodist they have a daycare, there is one behind Ridge View Bank. Mr. Routt pointed out that the store on Chestnut Street is just a convenience store and it is not affected by this ordinance. Mr. Dillon noted that cigar and hookah lounges are not included in this definition. They have been considered a use not provided in the past and they will be continued to be interpreted that way. Chair King asked if anyone else wanted to speak. With no one speaking up the public meeting closed at 7:45pm. Chair King inquired if there were any comments from Commissioners, if not a motion would be entertained. Commission Reid moved to recommend approval as written. Commissioner Routt seconded the motion. Mr. Routt, aye; Mr. Henrickson, aye; Mr. Beamer, aye; Mr. Garst, aye; Chair King, aye. Chair King adjourned the meeting at 7:46 pm. Page 1 of 3 AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 106, ZONING, ARTICLE II, DISTRICT REGULATIONS, SECTIONS 106-214 HIGHWAY BUSINESS DISTRICT; SECTION 106-214.2(B)(5) PERTAINING TO PERMITTED USES; ARTICLE III, USE AND DESIGN STANDARDS, SECTION 106-310 COMMERCIAL USES, ARTICLE VI, DEFINITIONS AND USE TYPES, SECTION 106-600 DEFINITIONS, SECTION 106-602.9 PERTAINING TO COMMERCIAL USE TYPES AND ADOPTING SECTION 106-310.25 PERTAINING TO RETAIL SALES, SMOKE SHOP OF THE CODE OF THE CITY OF SALEM, VIRGINIA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, THAT SECTION 106-214.2(B)(5), AND SECTION 106-602.9 OF CHAPTER 106, OF THE CODE OF THE CITY OF SALEM, VIRGINIA BE AMENDED, REVISED, AND REORDAINED AND SECTION 106-310.25, BE ADOPTED TO READ AS FOLLOWS: Chapter 106 ZONING ARTICLE II. - DISTRICT REGULATIONS Sec. 106-214. - HBD—Highway business district. Sec. 106-214.2. Permitted uses. (A) The following uses are permitted by right in the HBD Highway Business District, subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in article III, use and design standards. (B) The following uses are permitted by special exception in the HBO Highway Business District, subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the us e is subject to additional, modified or more stringent standards as listed in article III, use and design standards. 5. Commercial Use Types Adult Business* Automobile Dealership, Used* Automobile Repair Services, Major* Dance Hall Flea Market Hospital Manufactured Home Sales* Massage Parlor Pawn Shop Personal Storage* Retail Sales, smoke shop* Truck Stop Page 2 of 3 Article III. Use and design standards Section 106-310. Commercial uses Sec. 106-310.25. Retail sales, smoke shop. (A) General standards: 1. No retail sale location of tobacco products, nicotine vapor products, alternative nicotine products, or hemp shall be located within 1000 feet of a child day care center or a public, private, or parochial school. 2. All windows and doors facing the street right of way shall be maintained as transparent and shall not be tinted or obscured. Smoking, vaping or other related products and paraphernalia shall not be displayed as to be seen from adjacent properties. Article VI. Definitions and use types Section 106-600. Definitions Sec. 106-602.9. Commercial use types Retail sales, smoke shop. Establishments for the sale of tobacco, nicotine, and hemp products, as defined in Section 15.2- 912.4 of the Code of Virginia, as amended, including paraphernalia, cigar and hookah products. This ordinance shall be in full force and effect ten (10) days after its final passage. Page 3 of 3 Upon a call for an aye and a nay vote, the same stood as follows: H. Hunter Holliday, III William D. Jones - Byron Randolph Foley - James W. Wallace, III – Renee F. Turk – Passed: Effective: Mayor ATTEST: H. Robert Light Clerk of Council City of Salem, Virginia Item #6C Date: 10/07/2024 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL AGENDA ITEM: Chapter 66 Code Changes Hold a public hearing and consider adoption of ordinance adding Chapter 66, Signs, Article I In General, Section 66- 11.1, Minor Signs during Voting of the CODE OF THE CITY OF SALEM, VIRGINIA. (Advertised in the September 24 and 25 issues of the Roanoke Times.) (Planning Commission recommended approval at the October 2, 2024 meeting.) SUBMITTED BY: Chris Dorsey, City Manager SUMMARY OF INFORMATION: In order to accommodate the anticipated early voting volume for the 2024 general election, a temporary trailer was installed on the Registrar’s office property. Staff and the City Attorney received questions about the placement of campaign signage based on the location of the trailer. Upon review of the State and City codes by the City Attorney, he determined that section 66-11 of the City Code forbids the placement of minor signs on public property. All polling places are now located on public property. An amendment to chapter 66 is proposed to provide limited access to public property for minor signs during active voting RECOMMENDATION: Staff recommends Council adopt this ordinance as an emergency measure effective immediately upon one reading because early voting in the City of Salem has begun. AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 66, SIGNS, ARTICLE I, IN GENERAL, SECTION 66-11, APPLICATION OF CHAPTER TO CERTAIN TYPES OF SIGNS BY ADOPTING SECTION 66-11.1 PERTAINING TO MINOR SIGNS DURING VOTING OF THE CODE OF THE CITY OF SALEM, VIRGINIA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, THAT SECTION 66-11.1 OF CHAPTER 66, SIGNS, OF THE CODE OF THE CITY OF SALEM, VIRGINIA BE ADOPTED TO READ AS FOLLOWS: Chapter 66 SIGNS Article I. – In General Sec. 66-11. - Application of chapter to certain types of signs. Subject to the provisions of section 66-5, the following signs may be allowed without a sign permit and may not be included in the determination of the type, number, or area of permanent signs allowed within a zoning district, provided such signs comply with the regulations in this section, if any. A. Official traffic signs. B. Signs erected by the city including regulatory signs. C. Public signs: Signs required by the city for utilities, including traffic, utility, safety, railroad crossing, and identification signs for public facilities. D. Legal notices. E. Real estate signs which advertise the sale, rental, or lease of the premises upon which such signs are located only, not exceeding six square feet in area in residential districts and not exceeding 32 square feet in area in any other district. F. Temporary signs, as approved as a grand opening event by the city manager, or his designee, in accordance with section 66-105, permitted signs (temporary signs). G. Non-illuminated incidental signs, including incidental window signs, not exceeding two square feet. "Open" signs may be illuminated. H. Minor signs: Minor signs shall not be electronic nor illuminated. No minor sign may include commercial messaging. No minor sign shall be located on public property or in the right-of-way. Minor signs shall not exceed 24 square feet. Minor signs shall include: 1. Political campaign signs. 2. Temporary directional signs. 3. Signs inside a building, or other enclosed facility, which are not meant to be viewed from the outside, and are located greater than three feet from the window. 4. Holiday and other temporary seasonal decorations. 5. Personal expression and ideological signs. 6. Address signs: Stating address, number and/or name of occupants of the premises. 7. Security and warning signs: These limitations shall not apply to the posting of conventional "no trespassing" signs in accordance with state law. 8. Private drive signs. 9. Signs denoting the architect, engineer or contractor, when placed upon work under construction. I. Flags: Non-commercial flags, flags of any nation, state, local, or other geopolitical entity, or flags not related to or used to draw attention to a commercial business, product, or service. 1. Flags and flagpoles shall not be located within any right-of-way, unless meets the requirements of allowed encroachments as prescribed by the Handbook to Downtown Salem. 2. Flags, containing commercial messaging, shall be considered temporary signs. See section 66-105(A). J. Memorial signs or tablets, names of buildings and date of construction when cut into any masonry surface or when constructed of bronze or other incombustible materials. K. Signs which are a permanent architectural feature of a building or structure, existing at the time of adoption of this chapter. L. Art and murals, provided such signs do not contain any commercial messaging. M. Vehicular signs that meet the following conditions: 1. The primary purpose of such a vehicle or trailer is not the display of signs. 2. The signs are magnetic, decals or painted upon an integral part of the vehicle or equipment as originally designed by the manufacturer, and do not break the silhouette of the vehicle. 3. The vehicle is in operating condition, currently registered and licensed to operate on public streets when applicable, and actively used in the daily function of the business to which such signs relate. 4. The vehicle is not parked within 20 feet of the right-of-way. Sec. 66-11.1. – Minor Signs during Voting. Minor signs may be displayed on public property in areas designated by the City for such signs during periods when active voting is taking place. This ordinance shall be in full force and effect immediately upon passage on first reading because of an emergency in that early voting in the City of Salem has begun. Upon a call for an aye and a nay vote, the same stood as follows: H. Hunter Holliday – William D. Jones – Byron Randolph Foley - James w. Wallace, III – Renée F. Turk – Passed: Effective: Mayor ATTEST: ______________________________ H. Robert Light Clerk of Council City of Salem, Virginia Item # 6D Date: 10/07/2024 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: October 7, 2024 AGENDA ITEM: Consider adoption of the administrative calendar for 2025 SUBMITTED BY: Rob Light, Assistant City Manager SUMMARY OF INFORMATION: Each year Council approves the City’s administrative calendar establishing regular meeting dates and holiday observances for the upcoming year. Per City Code, should any regular Council meeting date fall on a day designated as a holiday in the Code of Virginia, the meeting shall be held on the next day (Tuesday). In 2025, note that Memorial Day and Columbus Day, recognized by the State Code fall on regular Council meeting dates and thus are scheduled on Tuesdays. STAFF RECOMMENDATION: Staff recommends approval of the 2025 Administrative Calendar 2025 Administrative Calendar 2025 SALEM CITY COUNCIL MEETINGS 6:30 P.M., COUNCIL CHAMBERS, CITY HALL, 114 NORTH BROAD STREET JANUARY 13 and 27 FEBRUARY 10 and 24 MARCH 10 and 24 APRIL 14 and 28 MAY 12 and 27 JUNE 9 and 23 JULY 14 and 28 AUGUST 11 and 25 SEPTEMBER 8 and 22 OCTOBER 14 and 27 NOVEMBER 10 and 24 DECEMBER 8 Work Sessions, if needed, may be held as part of the regular Council agenda or separately scheduled upon posting. SALEM CITY COUNCIL'S AUDIT-FINANCE COMMITTEE Meets at 8:30 a.m. in the City Manager's Conference Room at City Hall, 114 North Broad Street, on the Wednesday preceding the first regularly scheduled council meeting date of the month (see calendar above). Meetings will be held only if there are items on the Salem City Council agenda that need to be reviewed by said committee. ECONOMIC DEVELOPMENT AUTHORITY MEETINGS Meets the second Tuesday of each month as needed at 3:00 p.m., Council Chambers, City Hall, 114 North Broad Street. Work Sessions, if needed, may be held as part of the regular Authority agenda or separately scheduled upon posting. 2025 PLANNING COMMISSION MEETINGS 7:00 P.M., COUNCIL CHAMBERS, CITY HALL, 114 NORTH BROAD STREET JANUARY 15 FEBRUARY 12 MARCH 12 APRIL 16 MAY 14 JUNE 11 JULY 16 AUGUST 13 SEPTEMBER 10 OCTOBER 15 NOVEMBER 12 DECEMBER 10 Work Sessions, if needed, may be held as part of the regular Commission agenda or separately scheduled upon posting. CITY HOLIDAYS City offices will be closed in observance of the following Holidays: January 1, Wednesday New Year’s Day January 20 Martin Luther King Day May 26 Memorial Day June 19, Thursday Juneteenth July 3, Thursday Assigned Floating July 4, Friday Independence Day September 1 Labor Day November 11, Tuesday Veterans Day November 27 & 28 Thanksgiving December 24, Wednesday Christmas Eve December 25, Thursday Christmas NOTE: Changes to public meeting dates, times, and locations will be posted in accordance with the Code of Virginia. Item # 6E Date: 10/07/2024 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: October 7, 2024 AGENDA ITEM: Consider renewing the lease for Salem Municipal Golf Course for 2025. SUBMITTED BY: Chris Dorsey SUMMARY OF INFORMATION: The City leases forty-six (46) acres west of Academy Street, commonly referred to as the Salem Municipal Golf Course, to Charles William Johnston (Lessee). Approval of this action will provide authorization to the City Manager to finalize and execute a one-year lease agreement with a subsequent one-year renewal option, beginning January 1, 2025. FISCAL IMPACT: The terms of the lease require the Lessee pay the City 10% of all receipts for fees, good, and services after the first $16,000 of the same. The Lessee is responsible for maintaining the premises for the purpose of a golf course and the City maintains the building on the property. STAFF RECOMMENDATION: Staff recommends approval to authorize the City Manager to finalize and execute a one-year lease agreement commencing on January 1, 2025. THIS LEASE AGREEMENT, made and entered into this the ____day of October, 2024, by and between the CITY OF SALEM, VIRGINIA, a Municipal Corporation, party of the first part, hereinafter referred to as Lessor, and CHARLES WILLIAM JOHNSTON, party of the second part, hereinafter referred to as Lessee. : W I T N E S S E T H: THAT FOR AND IN CONSIDERATION of the payments and undertakings on the part of the Lessee, as hereinafter more particularly set forth, the Lessor does hereby lease unto the party of the second part, as Lessee, all that certain tract or parcel of land, situate in the City of Salem, Virginia, containing approximately forty-six (46) acres, lying west of Academy Street and adjacent thereto, and commonly known and referred to as the "Golf Course" property, upon the following terms and conditions: This lease is for a period of twelve (12) months or one (1) year, beginning January 1, 2025, with the right or privilege of renewing the same for an additional period of twelve (12) months or one (1) additional year, conditioned upon the approval of the Lessor and the Lessee paying to the Lessor, 10% of all receipts for fees, goods, and services after the first $16,000 of the same; and to that end the Lessee shall maintain good and accurate records of all receipts received and furnish monthly statements thereof to the Lessor. (1) The Lessee shall use and occupy the leased premises solely for the purpose of the operation of a golf course. (2) The said Lessee agrees that he will, during the term of this Lease, apply for and secure a proper business license and save harmless the Lessor for and from any personal injuries to, or any damages suffered by, any person in his property or property rights while upon the leased premises, or the improvements thereon, whether such injuries or damages should arise out of any defect, inherent or otherwise, in the leased premises, or those that are brought about due to the carelessness or negligence of any agent, servant, employee or patron of the Lessee; and in this connection, the Lessee agrees that he will, at all times, carry adequate insurance in some good and solvent insurance company, which insurance shall protect both the Lessor and the Lessee against loss that may be incurred on account of such personal injuries or damages suffered by any such person. Lessee agrees that all insurance policies will contain an appropriate endorsement with a thirty- day notice of cancellation to the Lessor. All proceeds of fire and extended coverage insurance shall be first applied to the rebuilding of any damaged or destroyed buildings. Certificates from the insurance company showing the coverage carried, with the endorsements thereon, shall be furnished by the Lessee to the Lessor within thirty days after the effective date of this Lease and in the event they are not so furnished to Lessor, it shall have the right to secure the same and such charges shall become additional rent. Lessor shall be named as an additional insured. (3) The Lessee further agrees that he will keep the premises in an attractive condition for the purposes for which it is to be used and that he will not sublet, or permit the premises, or any part thereof, to be used by any other person, firm or organization without first having secured the written consent of the Lessor. (4) The Lessor on its part agrees that it will maintain the building to be erected upon the premises, in a manner as is usual and currently applicable to a like structure and will make a reasonable effort to cooperate with the Lessee in the uses he intends to make of the property. WITNESS the following signatures: ___________________________Lessee Charles William Johnston CITY OF SALEM, VIRGINIA, Lessor By_________________________________ Its City Manager ATTEST: ____________________________ _Its Clerk Item # 6F Date: 10/07/2024 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: October 7, 2024 AGENDA ITEM: Consider request from the Salem Band Boosters for a donation ($5,638.85) equal to the amount of admissions tax paid in connection with the annual Drum Corps International Summer Music Games Competition held on July 30, 2024, at the Salem Stadium. SUBMITTED BY: Chris Dorsey, City Manager SUMMARY OF INFORMATION: The Salem Band Boosters filed an Admissions Tax form with a tax payment of $5,638.85 with the Commissioner of Revenue Office. This amount was based upon the ticket sales for the annual Drum Corps International Summer Music Games Competition that was held in the Salem Stadium on July 30, 2024. Historically, Council has made a donation equal to the tax remittance to support the Band. FISCAL IMPACT: The fiscal impact would be $5,638.85. STAFF RECOMMENDATION: Recommend approval of the donation. Item #6G Date: 10/07/2024 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: October 7, 2024 AGENDA ITEM: Request to appropriate Downtown Improvement Reserve funding in the Capital Projects Fund SUBMITTED BY: Rosemarie B. Jordan, Director of Finance SUMMARY OF INFORMATION: Local funding of $50,000 was included in the General Fund 2023-2024 annual operating budget for the Downtown Plan. Per directive of the City Manager, these funds wer e transferred to the Capital Projects Fund in fiscal year 2024 to become part of the Downtown Improvements Reserve to fund future Downtown improvement projects. FISCAL IMPACT: The Downtown Improvement Reserve creates a reserve of local funds that allows us to continue the work on the Downtown Revitalization Project. STAFF RECOMMENDATION: Staff recommends appropriating $50,000 to the Transfer from General Fund revenue account 20-012-0200-49905 and to the Downtown Improvements Reserve expenditure account 20-012-0205-54807. Budget Entry Date GL Account Account Name Increase/ (Decrease)Description 10/7/2024 20-012-0200-49905 Transfer From General Fund - Capital Projects 50,000 Council 10/7 - Appropriate Downtown Impr Reserve 10/7/2024 20-012-0205-54807 Downtown Improvements Reserve 50,000 Council 10/7 - Appropriate Downtown Impr Reserve Item #6H Date: 10/07/2024 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: October 7, 2024 AGENDA ITEM: Resolution to approve Authorized Officials for Investment Program SUBMITTED BY: Rosemarie Jordan, Director of Finance SUMMARY OF INFORMATION: The City Finance Department is moving forward with our investment program that is being coordinated with Davenport & Company, LLC. As part of this program, the City needed to appoint a trustee for our investments. W ilmington Trust was selected as our trustee. The agreements that were needed for this account require us to have City Council approve a list of authorized officials for the account. The Resolution being presented request s that City Council appoint Rosemarie B. Jordan, Tammy H. Todd, Amy R. Morris, and Danielle C. Crawford as Authorized Offcials on this account. FISCAL IMPACT: No fiscal impact. STAFF RECOMMENDATION: Staff recommends the City Council adopt Resolution 1483 to appoint Authorized Officials for the Wilmington Trust account. IN THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, OCTOBER 7, 2024: RESOLUTION 1483 WHEREAS, the City of Salem, Virginia (the “City”), intends to move forward with an investment program for City funds by utilizing the services of Davenport & Company LLC, the City’s financial advisor, and Wilmington Trust, the trustee for the City funds, and WHEREAS, the Council of the City of Salem has previously adopted an investment policy on February 24, 2020 which allows for the investment of City funds; and WHEREAS, Wilmington Trust requires City Council to approve the list of Authorized Officers that will be able to complete, execute and deliver agreements to Wilmington Trust for the provision of custody, escrow, trust, funds transfer, investment management and investment advisory services; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA, THAT the following individuals are approved as Authorized Officers of the City of Salem for purposes of City transactions with Wilmington Trust: Rosemarie B. Jordan Director of Finance Tammy H. Todd Assistant Director of Finance Amy R. Morris Special Projects Accountant Danielle C. Crawford Treasurer Upon a call for an aye and a nay vote, the same stood as follows: Hunter Holliday – William D. Jones – Byron Randolph Foley – James W. Wallace III – Renee F. Turk – ATTEST: H. Robert Light Clerk of Council