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Home My WebLink About10/11/2021 - City Council - Agenda -Regular Ci ty Council Meeting AGENDA Monday, October 11, 2021, 6:30 PM Work S es s io n 5:00 P.M. C ommunity R oom, S alem C ivic C enter, 1001 R oanoke Boulevard, S alem, Virginia 24153 R egular S es s io n 6:30 P.M. C ommunity R oom, S alem C ivic C enter, 1001 R oanoke Boulevard, S alem, Virginia 24153 WORK SE SSI ON 1.C all to Order A.Roll Call 2.New Business A.Discussion I tems 1) J oint Session with EDA 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 component that same meeting. T he following have signed up to speak at this meeting: No citizens have signed up to speak at this meeting. B.Minutes C onsider acceptance of the minutes for the September 27, 2021, Work Session and Regular Meeting minutes. 5.Old Business A.Amendment to the Zoning Ordinance C onsider ordinance on second reading for rezoning the property of Salem Building Supply, Inc., contract purchaser, and PHC of Virginia, Inc., property owner, located at 405 Kimball Avenue (Tax Map # 235-1-2) from RMF Residential Multi-Family District with proffered condition to RMF Residential Multi-Family District without conditions. (Approved on first reading at the September 27, 2021 meeting.) 6.New Business A.Ordinance for B onuses C onsider ordinance on first reading authorizing the C ity Manager to: 1) pay a bonus up to $2,000 for non-exempt, full-time employees authorized at the September 5, 2021 C ouncil meeting to receive up to a net $2,000 increase between a wage increase and bonus for eligible employees at or near the top of their current pay scale; 2) pay a $3,000 bonus to all sworn, full-time Sheriff’s Department employees subsequent to the General Assembly’s mandate for C ompensation Board such positions; and 3) provide salary increases to certain Electric Department non-exempt employees reclassified in the FY22 budget process but excluded in the September 5, 2021 action that are otherwise eligible to net a $2/hour increase between the FY22 reclassification increases and this action. Audit-Finance Committee B.Reimbursement Resolution Receive report and consider adoption of Resolution 1412 authorizing reimbursement from proposed Fiscal Year 2022 borrowing. Audit - Finance Committee C .Calhoun Townhomes C onsider setting bond for physical improvements and erosion and sediment control and landscaping for C alhoun Townhomes. Audit - Finance Committee D.B oards and Commissions C onsider appointments to various boards and commissions. 7.Adjournment Audit-Finance Committee Meeting, October 7, 4:00 p.m., City Manager's Conference Room, 114 N. Broad Street, Salem Item #4B Date: October 11, 2021 City Council Meeting MINUTES Monday, September 27, 2021, 6:30 PM Work Session 5:30 P.M. Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 24153 Regular Session 6:30 P.M. Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 24153 WORK SESSION 1. Call to Order Roll Call A work session of the Council of the City of Salem, Virginia, was held in Council Chambers, 114 North Broad Street, Salem, Virginia, on September 27, 2021, at 5:34 p.m., there being present the following members of said Council, to wit: Renée Ferris Turk, James W. Wallace, III, Byron Randolph Foley, John Saunders, and William D. Jones; with James W. Wallace, III, Vice-Mayor, presiding; together with James E. Taliaferro, II, City Manager; Rob Light, Assistant City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Crystal Williams, Assistant to the City Manager; and Laura Lea Harris, Deputy Clerk of Council; and the following business was transacted: Vice-Mayor Wallace 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) ARPA Fund Planning Update WHEREAS, Mr. Taliaferro introduced the work session topic for this evening and noted that there was a total of about $31 million in ARPA funds that would be available for the City of Salem. Of this amount, half of the money had already been received and the remainder would be received next year; and WHEREAS, Mr. Light gave a brief recap from the July 26th Work Session on the topic of ARPA funding and the four specific categories of eligible expenditures: 1) Respond to the public health emergency or its negative economic impacts; 2) Provide premium pay to essential workers or grants to employers of essential workers by providing premium pay to eligible workers; 3) Provide government services to the extent of any revenue reduction resulting from the pandemic; and 4) Make necessary capital investments in water, sewer, and/or broadband infrastructure; and WHEREAS, Mr. Light shared more detailed information on the seven summary expenditure reporting categories: 1) Public Health; 2) Negative Economic Impacts; 3) Services to Disproportionately Impacted Communities; 4) Premium Pay; 5) Infrastructure (including clean water, drinking water, and Broadband); 6) Revenue Replacement; and 7) Administrative With each category he shared projects and needs related to items consistent with the provision of core City services as determined in Staff's initial analysis. He also commented that community based one-time opportunities exist. Council commented and received clarification throughout the presentation; and WHEREAS, Mr. Light commented that a phased allocation of funding is anticipated, and it was determined that staff would continue to research and evaluate tangible project options. It was suggested that Special Work Sessions be held with the goal of establishing an initial draft allocation for specific projects and general categories. 3. Adjournment There being no further business to come before the Council, the Work Session was adjourned at 6:02 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, William D. Jones, and John Saunders; with Renée Ferris Turk, Mayor, presiding together with James E. Taliaferro, II, 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, Communications Director; and Jim Guynn, City Attorney. 2. Pledge of Allegiance 3. Bid Openings, Awards, Recognitions A. Certificate of Achievement for Accreditation - City of Salem Sheriff's Office Virginia Law Enforcement Professional Standards Commission and Program Director, Derrick Mays presents to Sheriff April Staton, Accreditation Manager and Chief Deputy, Todd Clingenpeel and office staff the Certificate of Achievement for Accreditation. This is the fifth certificate of achievement for the Salem Sheriff’s Office, an accredited agency since 2005, successfully fulfilling all standards of compliance with zero file returns. Mayor Turk expressed appreciation and asked that Sheriff April Staton identify her staff and have them come forward with her. Sheriff Staton addressed Council and the citizens present and stated that it was an honor to stand before them and recognize her staff for their hard work and dedication. She noted that this accomplishment required a team effort. As the program manager, Derrick Mays, was unable to attend, Sheriff Staton gave an overview of the program and stressed the significance of having zero file returns. She gave history of her involvement in this process over her career and the understanding and knowledge this gives her for what her Accreditation Manager experiences. She also expressed appreciation for her "worker bees" and commented that they are the true example of what this program embodies, which is professionalism. Sheriff Staton thanked her deputies for their commitment and dedication to their office. Mayor Turk and the Council members thanked Sheriff Staton and those present with her. B. Proclamation Honoring Murray Cook Presentation of Proclamation honoring Murray Cook. Mayor Turk read the Proclamation in honor of Murray Cook listing a number of his accomplishments and representation of the City of Salem and proclaimed September 27, 2021, as "Murray Cook Day." Mr. Cook thanked Mayor Turk and Council for the Proclamation. He stated that growing up in the City of Salem was a "community raising" and that he put those values into what he was able to project into other places that he traveled around the world. He expressed appreciation for the honor. Mr. Wallace thanked Mr. Saunders for bringing Murray and all of his accomplishments to them and making them aware of them and being the catalyst to make this happen. 4. Consent Agenda A. Citizen Comments Comments from the public, limited to five minutes, on matters not already having a public hearing component that same meeting. The following have signed up to speak at this meeting: No citizens have signed up to speak at this meeting. B. Minutes Consider acceptance of the minutes for the September 13, 2021, Regular meeting. The September 13, 2021, regular meeting minutes were approved as written. C. Financial Report Consider the acceptance of the Statement of Revenues and Expenditures for the two months ending August 2021. The financial reports were received. 5. Old Business 6. New Business A. Amendment to the Zoning Ordinance Hold public hearing and consider ordinance on first reading for rezoning the property of Salem Building Supply, Inc., contract purchaser, and PHC of Virginia, Inc., property owner, located at 405 Kimball Avenue (Tax Map # 235-1-2) from RMF Residential Multi-Family District with proffered condition to RMF Residential Multi-Family District without conditions. (As advertised in the September 9 and 16, 2021 issues of the Salem Times-Register). Planning Commission recommends approval; see page 4 of Planning Commission minutes) STAFF REPORT Mr. Van Allman, Director of Community Development, added further clarification on the request as presented. Mayor Turk opened the Public Hearing. Ben Crew, of Balzer and Associates, representing PHC of Virginia, Inc., current property owner, and Salem Building Supply, Inc., contract purchaser, addressed Council. He informed Council that Brad Graham of Salem Building Supply, Inc. was present this evening also. He said he would be happy to answer any questions. There were no questions and no one else came forward to speak at the Public Hearing. Mayor Turk closed the Public Hearing. William Jones motioned to adopt the ordinance on first reading rezoning the property of Salem Building Supply, Inc., contract purchaser, and PHC of Virginia, Inc., property owner, located at 405 Kimball Avenue (Tax Map # 235-1-2) from RMF Residential Multi-Family District with proffered condition to RMF Residential Multi-Family District without conditions. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace B. Use Not Provided For Permit Hold public hearing to consider the request of Salem Ministers Conference Community Food Pantry, contract purchaser, and Trustees God's Church of Deliverance and Power, property owner, for the issuance of a Use Not Provided For Permit to allow the relocation of the Salem Food Pantry to the property located at 829 Indiana Street (Tax Map # 186-1-5). (As advertised in the September 9 and 16, 2021 issues of the Salem Times- Register). Planning Commission recommends approval; see page 5 of Planning Commission minutes) STAFF REPORT Mr. Van Allman clarified that the property is located at the corner of 7th Street and Indiana Street. Mr. Jones stated that he must abstain from any discussion and the vote on this agenda item as he was involved with this transaction. Mayor Turk opened the Public Hearing. Mickey Estienne; 1070 Blue Grass Trail; Newport, Virginia; Executive Director of Salem Food Pantry appeared before Council and clarified that they are moving the Salem Food Pantry from Union Street to the new location on Indiana Street. He stated that the Food Pantry had been in existence for over forty years and that the new location would allow them to improve their ability to be able to serve their clients in the Salem, Roanoke County, and Vinton area. Mayor Turk questioned whether they would have more space at this location, and he responded affirmatively. Council members thanked Mr. Estienne for what he does. Mayor Turk closed the Public Hearing. Randy Foley motioned to approve the request of Salem Ministers Conference Community Food Pantry, contract purchaser, and Trustees God's Church of Deliverance and Power, property owner, for the issuance of a Use Not Provided For Permit to allow the relocation of the Salem Food Pantry to the property located at 829 Indiana Street (Tax Map # 186-1-5). John Saunders seconded the motion. Ayes: Foley, Saunders, Turk, Wallace Abstain: Jones C. Apperson Drive Bridge Replacement Project Consider adoption of Resolution 1410 in support of the Apperson Drive Bridge Replacement Project. Mr. Van Allman clarified that the City is applying for Revenue Sharing Funds from VDOT in which for every dollar that we spend on a project we receive a dollar in contribution from VDOT toward the price, so it is a fifty-fifty match. This will not obligate us to any set amount. Mayor Turk asked what kind of time frame was involved and Mr. Van Allman responded that it was not certain, but he felt the money would be available in three to four years. William Jones motioned to adopt Resolution 1410 in support of the Apperson Drive Bridge Replacement Project. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace D. Franklin Street Improvements Project Consider adoption of Resolution 1411 in support of the Franklin Street Improvements Project. Mr. Van Allman stated that this works the same as the previous resolution. He shared that the process is not difficult, but VDOT wants to see that the City is serious about the project before approving. This does not obligate the City to spend anything. Mr. Jones asked if this is the second half of Franklin Street and Mr. Foley requested clarification for the public. Mr. Van Allman stated that a preliminary engineering report on Franklin Street had been done by Mattern and Craig. They broke this project down into two smaller bits with Phase One from Upland up to approximately Phillips Brook and Phase Two from Upland to the County line. He commented that they are starting with the Section from Phillips Brook to Upland as it will address a lot of the issues that they are looking at. Mr. Foley asked if anyone had looked into regional involvement with this. Mr. Van Allman responded that options were being looked into by Community Development and that this was a good idea. Mr. Wallace asked for clarification as he was under the impression that Phase One went from Upland Drive to Bent Ridge Lane. Mr. Van Allman affirmed that this was the same area. Randy Foley motioned to adopt Resolution 1411 in support of the Franklin Street Improvements Project. William Jones seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace 7. Closed Session A. Closed Session Hold a Closed Session pertaining to Section 2.2-3711 A(1) of the 1950 Code of Virginia, as amended, Council hereby convenes to closed session for the purpose of discussing the following specific matters: For a discussion of a personnel matter pertaining to a School Board appointment. James Wallace motioned that in accordance with section 2.2-3711 A (1) of the 1950 Code of Virginia, as amended, Council hereby convenes to closed session at 6:55 p.m. for the purpose of discussing the following specific matters: A discussion of a personnel matter pertaining to a school board appointment. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace James Wallace motioned to reconvene at 7:07 p.m. in accordance with Section 2.2- 3712 D. of the Code of Virginia, 1950 as amended to date, Council certifies that in closed session only items lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and only such items identified in the motion by which the closed session was convened were heard, discussed, or considered by the Council. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace Upon reconvening in open session, Randy Foley motioned to reappoint Dr. Nancy Bradley to the Salem School Board for another three-year term. Bill Jones seconded the motion. Mr. Wallace stated that he felt Dr. Bradley was well qualified and that she has served us well for twelve years, but that he felt it was important to have new ideas on the School Board and new perspectives. Ayes: Foley, Jones, Saunders, Turk Nay: Wallace Randy Foley motioned to reappoint Teresa Sizemore-Hernandez to the Salem School Board for a three-year term. John Saunders seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace 8. Adjournment Mayor Turk announced that the next meeting of City Council will be held on October 11, 2021, at the Salem Civic Center because it will be a Joint Session with the Economic Development Authority. She stated that we will probably continue to hold Council meetings at the Civic Center depending on what the COVID numbers are until we see numbers are in a better situation because we can spread out more and wear masks. Mayor Turk congratulated the new School Board members and expressed appreciation to those who had served. The meeting was adjourned at 7:09 p.m. Item # 5A Date: October 11, 2021 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT THE SALEM CIVIC CENTER MEETING DATE: October 11, 2021 AGENDA ITEM: Amendment to the Zoning Ordinance Consider ordinance on second reading for rezoning the property of Salem Building Supply, Inc., contract purchaser, and PHC of Virginia, Inc., property owner, located at 405 Kimball Avenue (Tax Map # 235- 1-2) from RMF Residential Multi-Family District with proffered condition to RMF Residential Multi-Family District without conditions. Approved on first reading at September 27, 2021, Council meeting. SUBMITTED BY: Mary Ellen Wines, CZA CFM Zoning Administrator SUMMARY OF INFORMATION: SITE CHARACTERISTICS: Zoning: RMF Residential Multi-Family District Land Use Plan Designation: Residential Existing Use: Vacant land (formerly Mt. Regis) Proposed Use: Townhomes The subject property consists of a .82-acre parcel located northeast of the intersection of Kimball Avenue and Pyrtle Drive. The parcel is vacant as the former Mt. Regis Center facility was demolished in 2018 after a fire in 2016 caused major damage to the structure. This request is to remove the condition placed on the rezoning of 1988. The property was rezoned from R-2 to R-4 with the proffered condition that the only R-4 use would be a human care facility (Mt. Regis Center). Salem Building Supply, Inc. intends to develop the site into seven (7) townhomes. The proposed use of townhomes is a by-right use in the residential multi-family district. STAFF RECOMMENDATION: Staff recommends approval of the request to remove the condition. AN ORDINANCE TO AMEND SECTION 106-110, ARTICLE I, CHAPTER 106, OF THE CODE OF THE CITY OF SALEM, VIRGINIA, RELATING TO ZONING AND DIVIDING THE CITY INTO BUILDING DISTRICTS AND ESTABLISHING DISTRICT BOUNDARY LINES ON THE ZONING MAP OF THE CITY OF SALEM, VIRGINIA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that Section 106-110, Article I, Chapter 106 of The Code of the City of Salem, Virginia, relating to building district boundary lines be amended in the following particular and no other, viz: That the following described property in the City of Salem of Salem Building Supply, Inc., contract purchaser, and PHC of Virginia, Inc., property owner, located at 405 Kimball Avenue (Tax Map # 235-1-2) be and the same is hereby changed from from RMF Residential Multi-Family District with proffered condition to RMF Residential Multi-Family District without conditions, and the map referred to shall be changed in this respect and no other, said property being described as follows: BEGINNING AT A POINT ON THE NORTH LINE OF KIMBALL AVENUE; THENCE N 15°37'00" E A DISTANCE OF 165.00' TO A POINT ON THE SOUTH LINE OF AN UNIMPROVED STREET; THENCE S 57°44'05" E A DISTANCE OF 247.30' TO A POINT; THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 127.77', WITH A RADIUS OF 101.02', WITH A CHORD BEARING OF S 21°30'00" E, WITH A CHORD LENGTH OF 119.42' TO A POINT ON THE NORTH LINE OF KIMBALL AVENUE; THENCE N 74°11'00" W A DISTANCE OF 309.00' TO A POINT WHICH IS THE POINT OF BEGINNING. HAVING AN AREA OF 35,809 SQUARE FEET, 0.822 ACRE. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be and the same are hereby repealed. This ordinance shall be in full force and effect ten (10) days after its final passage. Upon a call for an aye and a nay vote, the same stood as follows: John E. Saunders – William D. Jones – Byron Randolph Foley – James W. Wallace, III – Renee F. Turk – Passed: Effective: /s/____ _ Mayor ATTEST: H. Robert Light Clerk of Council City of Salem, Virginia August 2, 2021 Mr. Jay Taliaferro City Manager - City of Salem 21 South Bruffey Street Salem, VA 24153 RE: 405 Kimball Avenue – Salem, VA 24153 Balzer and Associates, Inc. Job # 04210054.00 Rezoning Request Dear Mr. Taliaferro, PHC of Virginia, Inc. (Property Owner) and Salem Building Supply, Inc. (Contract Purchaser) are providing official application, supporting documents, and associated fees required to request a removal of an existing proffered condition on tax parcel 235-1-2. The zoning designation will remain the same as Residential Multi-Family District (RMF). The removal of the existing proffered condition will allow the site to be developed as townhomes under the current zoning district. Project Narrative & Existing Conditions: The existing parcel is currently vacant and has been since the Mount Regis facility was destroyed by fire in 2016. The Mount Regis facility use of “Human Care Facility” is the only allowable use per the current proffered condition. Salem Building Supply, Inc. intends to develop the site into seven (7) townhomes with associated improvements. This use is complementary to the existing mix of single family residential, two- family dwellings, and multi-family development in the area. These residential townhomes will compliment the surrounding area while providing additional opportunities for housing within the City of Salem. See attached civil exhibit plan – “Zoning Exhibit – Exhibit A” dated 8/3/2021 for the proposed townhouse buildable area. Exhibit B and B1 have been provided offering an example of the townhouse elevations from Kimball Avenue. The existing parcel is approximately 0.82 acres and is bounded by the public rights- of-way of Kimball Avenue to the South, RSF zoned property to the west, north, and east. The parcel generally drains from south to north. Buffers A twenty five (25’) buffer consisting of evergreen trees will provided between the existing adjacent RSF parcels and the existing RMF zoning (subject parcel). Comprehensive Development Plan & Summary: This project is in conformance with many of the Goals and Objectives defined in the City of Salem’s Comprehensive Plan. This project is sensitive to the existing surrounding properties by utilizing a vacant property for an appropriate use to match surrounding land uses. This project provides an excellent opportunity to the City of Salem to gain additional residential property in a location of high demand. Sincerely, Benjamin T. Crew Associate N/F PHC OF VIRGINIA INC TAX#: 235-1-2 LOT SIZE: 0.82 AC. ZONING: RMF N/F CITY OF SALEM TAX#: 216-4-1 LOT SIZE: 21.09 AC. ZONING: RSF N/F PINELLO LYNDA W TAX#: 235-1-1 LOT SIZE: 0.204 AC. ZONING: RSF PROPOSED TOWNHOUSE DEVELOPMENT ±7 UNITS 25' B U F F E R 25 ' B U F F E R PROJECT NO. REVISIONS SCALE DATE CHECKED BY DESIGNED BY DRAWN BY www.balzer.cc Roanoke / Richmond Shenandoah Valley New River Valley / Lynchburg P L A N N E R S / A R C H I T E C T S E N G I N E E R S / S U R V E Y O R S J: \ 2 1 \ 0 0 \ 0 4 \ 0 4 2 1 0 0 5 4 . 0 0 K I M B A L L A V E N U E T O W N H O M E S \ C I V I L \ d w g \ 0 4 2 1 0 0 5 4 R e z o n i n g B a s e _ N o U n i t s . d w g P L O T T E D : 8/ 3 / 2 0 2 1 9 : 0 9 : 5 8 A M 1208 Corporate Circle Roanoke, VA 24018 540.772.9580 SMD BTC BTC 8/3/2021 1" = 20' KI M B A L L A V E N U E T O W N H O M E S ZO N I N G E X H I B I T 40 5 K I M B A L L A V E N U E CI T Y O F S A L E M EX-A 04210054.00 PRE L I M I N A R Y LEGAL DESCRIPTION: KIMBALL AVENUE TOWNHOUSE TAX MAP NUMBER 235-1-2 BEGINNING AT A POINT ON THE NORTH LINE OF KIMBALL AVENUE; THENCE N 15°37'00" E A DISTANCE OF 165.00' TO A POINT ON THE SOUTH LINE OF AN UNIMPROVED STREET; THENCE S 57°44'05" E A DISTANCE OF 247.30' TO A POINT; THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 127.77', WITH A RADIUS OF 101.02', WITH A CHORD BEARING OF S 21°30'00" E, WITH A CHORD LENGTH OF 119.42' TO A POINT ON THE NORTH LINE OF KIMBALL AVENUE; THENCE N 74°11'00" W A DISTANCE OF 309.00' TO A POINT WHICH IS THE POINT OF BEGINNING. HAVING AN AREA OF 35,809 SQUARE FEET, 0.822 ACRE AG - Agriculture District BCD - Business Commerce District CBD - Community Business District CUD - College/University District DBD - Downtown Business District HBD - Highway Business District HBD/HM - Highway Business/Heavy Manufacturing District HBD/LM - Highway Business/Light Manufacturing District HM - Heavy Manufacturing District LM - Light Manufacturing District LM/HM - Light Manufacturing/Heavy Manufacturing District MHP - Manufactured Home Park District PUD - Planned Unit District RB - Residential Business District RMF - Residential Multi-Family District RMF/RB - Residential Multi-Family/Residential Business District RSF - Residential Single Family District RSF/HBD - Residential Single/Highway Business District RSF/LM - Residential Single Family/Light Manufacturing RSF/RB - Residential Single Family/Residential Business District RSF/RMF - Residential Single Family/Residential Multi-Family District RSF/TBD - Residential Single Family/Transitional Business District TBD - Transitional Business District EXISTING ZONING FUTURE LAND USE D e c a t u r C i r c l e Kimball Av e n u e Palmer Ave n u e Mount R e g i s D r i v e E a s t , P B 9 , P G 9 0 Goodman, P B 1 2 , P G 1 1 Fortune Pro p e r t i e s , L L C , P B 9 , P G 4 7 Fortune Pro p e r t i e s , L L C , P B 9 , P G 4 7 Brown R e s u b . , P B 8 , P G 2 2 Gi l l s P l a t , P B 6 , P G 2 1 Kimball Acr e s , S e c . 1 , P B 6 , P G 2 9 ( R C ) Clin g e n p e e l , P B 1 4 , P G 5 9 Clin g e n p e e l a n d R a g a n , P B 1 4 , P G 8 0 Clingenpeel a n d R a g a n , P B 1 4 , P G 8 0 18 17 16 6 5 4 3 2 1 3 10 4 9 9 8 8 7654 3 2 1 12 10 11 10-A 5-A 4 3 1 23 4 56 78 12 1314 1514A 1234 14 13 12 11 1010-A 13A 5 8 7 7 6 5 4 3 2 1 11 10 9 1A1A1 80 80 60 80 60 50 50 12 ' A l l e y Blk. 26 City of Salem Vacated 1 2 ' a l l e y D.B. 523, P g . 3 7 0 10-11-54 Blk. "6" Minera l S t r e e t v a c a t e d DB 238 , P g 2 1 9 P B 6 , P g . 2 1 (THIS BLK. U N O P E N E D ) Salem Fig S t r e e t V a c a t e d 1 1 / 0 7 / 0 2 Py r t l e D r . v a c a t e d 2 / 1 9 / 0 4 ofCity PROSPECT PARK Vacated Al l e y R e s . N o . 1 2 7 7 2 / 4 / 1 6 1 5.1 12 6 7 8 9 2 4 5 1 15 1 2 6 6 7 7 8 8 9 9 9 10 10 11 1112 13 14 15 10 11 1 2.8 2.7 2.6 2.5 2.4 2.3 2.2 2.12.10 2.9 5 1.1 1.2 1.1 1 3 4 1.2 2 3 47 . 1 2 30.37 47.12 34 . 6 9 80 . 0 0 40 . 0 0 50 . 0 0 60 . 0 0 96 . 5 0 53 . 5 0 50 . 0 0 25 . 0 0 80 . 0 0 50 . 0 0 60 . 0 0 50 . 0 0 25 . 0 0 130.00 50.00 50.00 50.00 70.00 60.00 70.00 50.00 50.00 50.00 50.00 50.00 105.85 210.6680.00 50.00 50.00 60.00 50.00 35.64 50.00 50.00 15 0 . 0 0 15 0 . 0 0 15 0 . 0 0 80.00 50.00 50.00 50.00 125.00 15 6 . 0 0 20 1 . 6 7 183 . 3 3 95 . 0 0 15 0 . 0 0 30. 0 0 30. 0 0 53.2 6 53.2 6 53.2 6 50.99 309.00 371. 8 0165 . 0 0 50.00 30.0012 6 75 . 0 0 15 0 . 0 0 125.00 50.00 50.00 50.00 60 . 0 0 15 6 . 0 0 15 6 . 0 0 79.62 1 1 3.10 50.0 0 53.4 0 103. 4 0 167.10 5 0 . 0 0 4 9 . 0 4 50.00 50.00 80.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 30.00 35.64120.00 50.00 150.54 6.0 0 248.62 1 0 1 . 4 0 66.79 1 0 3 . 5 6 62.50 62.50 57. 17 14 0 . 0 0 15 6 . 0 0 15 6 . 0 0 15 6 . 0 0 15 6 . 0 0 15 6 . 0 0 15 6 . 0 0 15 6 . 0 0 15 0 . 0 0 15 0 . 0 0 15 0 . 0 0 15 6 . 0 0 192.21 73.8 9 85.27 1 1 8 . 4 8 70 . 0 0 82 . 6 1 13 6 . 9 2 70.11 12 3 . 9 8 11 1 . 0 3 80.90 71.19 58.18 107 . 3 0 71.18 84.19 38 . 5 2 80. 3 7 92. 9 6 92. 9 6 114.40 84.57 75 . 3 0 111 . 0 4 69.30 5 27 . 0 0 70 . 0 0 110 . 0 0 70.00 90.0070.10 88.97 12 0 . 0 0 15 0 . 0 0 100.00 150.00 76 . 0 0 70 . 0 0 150.00 70 . 0 0 18 4 . 5 2 130.00 130.00 130.00 130.00 130.00 130.00 62 . 5 0 62 . 5 0 100.00 130.00 130.00 50 . 0 0 25 . 0 0 75 . 0 0 47 . 8 0 183.59 10 5 . 0 0 10 5 . 0 0 130.00 30.00 83.75 15 . 0 0 5 65 5 4 2 1 3 515 511 429 427 425 508 500 500 501 413 409 40 1 51 6 524 51 2 405 2222 2216 2212 238 234 505 31 1 30 6 30 2 31 6 30 7 30 5 31 4 31 2 31 3 430 424 420 418 416 414 404 400 314 310 306 302 2223 228 30 8 30 4 0.239 Ac. 21.09 Ac. 0.452 Ac. 0.179 Ac. 0.370 Ac. 0 100 20050 Feet±1 inch = 100 feet SEPTEMBER 2021 PLANNING COMMISSION ITEM 4A405 KIMBALL AVE. CITY OF SALEM Community Development DepartmentP.O. Box 869Salem, Virginia 24153-0869Phone: (540) 375-3032 Tax Parcel 235-1-2 Buildings Parcels City Limits Commercial Downtown Economic Development Area Industrial Institutional Mixed Use Public Parks and Recreational Residential Transitional Tax Parcel 235-1-2 Buildings Parcels City Limits ~N ORDIN~NCE TO ~MENO SECTION 32-9, ~RTICLE II, CH~PTER 32, OF THE CODE OF THE CITY OF S~LEM, VIRGINIA, RELATING TO ZONING AND DIVIDING THE CITY INTO BUILDING DISTRICTS ~ND ESTABLISHING DISTRICT BOUNDARY LINES ON THE ZONING MAP OF THE CITY OF SAT..JEM, VIRGINIA. WHEREAS, Mount Regis Center, Limited Partnership, owner, has heretofore petitioned to have property located at 405 Kimball ~venue rezoned from Residential District R-2 to Residential District R-4; and WHEREAS, in said petition, Mount Regis Center, Limited Partnership, owner, did voluntarily proffer a written condition in addition to the regulations provided for in Residential District R-4 into which this property is requested to be rezoned; and WHEREAS, Council has reviewed the proposed condition and is of the opinion that the requested rezoning without the proposed condition would not be in the best interests of the City and that the condition proffered will more closely comply with the intent of the Land Use Plan heretofore adopted; and WHEREAS, Council has adopted the provisions of Chapter 320 of the 1978 ~cts of the General Assembly of Virginia, Sections 15.1-491.1 through 15.1-491.6, relating to conditional zoning; and WH8RE~S, the Planning Canmission at its regular meeting held on May 11, 1988, did recommend to Council after holding a 9ub1ic hearing that such rezoning be done with the condition as proffered; NOW, THEREFORE, BE I'r ORDAINED BY THE COUNCl L OF THE C ['rY OF S~LEM, VIRGINI~, that Section 32-9, ~rtic1e II, Chapter 32 of The Code of the City of Salem, be amended, revised, and reordained to read as follows and the map referred to shall be changed in this respect and no other: Section 1. That the following described property, presently zoned Residential District R-2 in the City of Salem, be and the same is hereby changed from Residential District R-2 to Residential District R-4 and the map referred to shall be changed in this respect and no other. However, in addition to the regulations for such zoning district as contained in Chapter 32 of The Code of the City of Salem, Virginia, there is hereby incorporated the condition set forth in Section 2 of this ordinance to the same extent and purpose as though such condition were herein fully set out at length: BEGINNING at a point at the southeast corner of T..Jot 6, Block 42, Salem Development Company, Plat Book. 1, page 36-1/2; said point being on the northerly side of the right of way of Kimball Avenue (80 foot wide right of way); thence with the northerly side of Kimball ~venue S. 74° II' E. 309.00 feet to a point; thence leaving the right of way of Kimball ~venue and with the southerly side of an unnamed street (30 feet right) with a curved line to the left having a chord bearing and distance of N. 21° 30' W. 119.42 feet, an arc distance of 128.31 feet to a point; thence N. 58° 49' W. 320.46 feet to a point at the northeast corner of Lot 6, Block 42, Salem Development Company; thence with the easterly line of said lot S. ISo 49' w. 160.00 feet to the point and place of BBGINNING. Section 2. ~he following condition voluntarily proffered shall apply in addition to the regulations contained in Chapter 32 of The Code of the City of Salem: 1. The only R-4, Residential District, use which will be made of the property will be as a human care facility. ~ll ordinances or parts of ordinances in conflict with the provisions of this ordinance be and the same are hereby repealed. ~his ordinance shall be in full force and effect ten (10) days after its final passage. Upon a call for an aye and a nay vote, the same stood as follows: Passed: June 13, 1988 Effective: June 23, 1988 /s/ James E. Taliaferro Mayor ~fitj~ Fares t G. Jones 7 Clerk of Council City of Salem, Virginia Howard C. Packett -~ye ~lexander M. Brown -Aye Carl E. Tarpley, Jr. -Aye W. Mac Green -Aye James E. Taliaferro -Aye Planni ng Commi ssi on Meeti ng M INUTES Wednesday, September 15, 2021, 7:00 P M Work Session 6:30P M Council Chambers Conference Room, City Hall, 114 North Broad Street WORK SE SSI ON 1.C all to Order A work session of the Planning Commission of the City of Salem, Virginia, was held in C ouncil C hambers Conference Room, C ityHall, 114 North Broad Street, at 6:30 p.m. on September 15, 2021; there being present the members of said C ommission, to wit: vicki G. Daulton, Chair; Denist P. King, Vice C hair, Reid A. Garst II, J ackson Beamer, and Neil L. C onner; together with H. Robert Light, Assistant City Manager and Deputy Executive Secretary, ex officio member of said C ommission; C harles E. Van Allman, J r., Director of Community Development, Mary Ellen Wines, Zoning Administrator, and J im H. Guynn, J r., City Attorney; and the following business was transacted: C hair Daulton called the meeting to order at 6:34 p.m. and reported that this date, place, and time had been set in order for the Commission to hold a work session. It was noted that Renee Turk, Mayor, was present at the work session. Mary Ellen Wines, Zoning Administrator, was appointed Secretary Pro Tem. 2.New Business A.Discussion items from the September Meeting Discussion of items from the September 15, 2021, regular session agenda. A discussion was held regarding the rezoning of 405 Kimball Avenue, Tax Map #235-1-2, from RMF Residential Mult-Family District with condition to RMF Residential Multi-Family District without conditions. Driveways, setbacks, and stormwater was discussed. A discussion was held regarding the request of Salem Ministers C onference C ommunity Food Pantry, contract purchaser, and Trustees God's C hurch of Deliverance and Power, property owner, for the issuance of a Use Not Provided for Permit to allow the relocation of the Salem Food Pantry to the property located at 829 Indiana Street, Tax Map #186-1-5. A discussion was held regarding the amended subdivision plan filed by Simms Proeprty, LLC , for a 7.564-acre tract known as Simms Farm Section 1. T he Director of Community Development noted that all three engineers agree that the proposed plan meets the requirements and suggested that it be approved with minor field revisions to be approved administratively by staff. It was noted that changes will be on Page C 2. Also noted to ditch along Upland Drive to prevent run off. 3.Adjournment C hair Daulton inquired if there were any other items for discussion and hearing none, adjourned the work session at 6:58 p.m. RE GU L AR SE S SI ON 1.C all to Order A regular meeting of the Planning C ommission of the C ity of Salem, Virginia, was held after due and proper notice in the C ouncil C hambers, C ity Hall, 114 North Broad Street, Salem, Virginia, at 7:00 p.m., on September 15, 2021. Notice of such hearing was published in the September 2 and 9, 2021, issues of the "Salem Times Register," a newspaper published and having general circulation in the C ity of Salem. All adjacent property owners were notified via the U. S. Postal Service. T he Commission, constituting a legal quorum, presided together with J im H. Guynn, J r., City Attorney; H. Robert Light, Assistant City Manager and Deputy executive Secretary, ex officio member of said C ommission, to wit; C harles E. Van Allman, J r., Director of Community Development; and Mary Ellen Wines, Zoning Administrator; and the following business was transacted: C hair Daulton called the meeting to order at 7:01 p.m. Mary Ellen Wines, Zoning Administrator, was appointed Secretary Pro Tem. 2.Pledge of Allegiance 3.C onsent Agenda A.Minutes Consider acceptance of the minutes from the August 11, 2021, work session and regular meeting. J ackson Beamer motioned C onsider acceptance of the minutes from the August 11, 2021, work session and regular meeting.. Reid Garst seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King 4.New Business A.Amendment to the Zoning Ordinance Hold public hearing to consider the request of Salem Building Supply, Inc., contract purchaser, and PHC of Virginia, Inc., property owner, for rezoning the property located at 405 Kimball Avenue (Tax Map # 235-1-2) from RMF Residential Multi- Family District with proffered condition to RMF Residential Multi-Family District without conditions. Staff noted the following: T he subject property consists of a .82-acre parcel located northeast of the intersection of Kimball Avenue and Pyrtle Drive. T he parcel is vacant as the former Mt. Regis C enter facility was demolished in 2018 after a fire in 2016 caused major damage to the structure. T his request is to remove the condition placed on the rezoning of 1988. T he property was rezoned from R-2 to R-4 with the proffered condition that the only R-4 use would be a human care facility (Mt. Regis C enter). Salem Building Supply, Inc. intends to develop the site into seven (7) townhomes. T he proposed use of townhomes is a by-right use in the residential multi-family district. Staff recommends approval of the request to remove the condition. Ben Crew, Balzer & Associates, 1208 C orporate Circle, Roanoke, appeared before the C ommission to present the request on behalf of PHC , Virginia, and Salem Building Supply, Inc. He noted that Brad Graham with Salem Building Supply, Inc., was also present. He stated that the request is to remove the proffered condition and allow the construction of seven townhomes in the location. A discussion was held regarding the development of the site--units will be all in one row, similar to ones constructed on East Burwell Street; one-street access on west side or loop through; drawings are conceptual at this point. It was noted that if there are more than five units, the proposal will be brought back before the C ommission for subdivision approval. No other person(s) appeared related to the request. Neil Conner motioned to approve the request of Salem Building Supply, Inc., contract purchaser, and PHC of Virginia, Inc., proeprty owner, for rezoning the property located at 405 Kimball Avenue (Tax Map #235-1-2) from RMF Residential Multi-Family District with proffered condition to RMF Residential Multi-Family District without conditions.. Denise King seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King B.Use Not P rov ided F or P ermit Hold public hearing to consider the request of Salem Ministers C onference Community Food Pantry, contract purchaser, and Trustees God's Church of Deliverance and Power, property owner, for the issuance of a Use Not Provided For Permit to allow the relocation of the Salem Food Pantry to the property located at 829 Indiana Street (Tax Map # 186-1-5). Staff noted the following: T he subject property consists of a .43-acre parcel located on the northwest corner of the intersection of Indiana Street and 7th Street. T he parcel is occupied by a single- story bridk and sided structure. Much of the lot is paved for parking. T he request is for a Use Not Provided For Permit to allow the relocation of the Salem Food Pantry. T he Pantry provides food and financial assistance to people in need. T he Pantry has been located at City-owned property at 915 Union Street where a Use Not Provided For Permit was approved by C ity Council in 2019. T he Pantry is purchasing the Indiana Street property to allow for a permanent home. T he closest bus stop is at Arch Street and the Boulevard which provides patrons utilizing Valley metro a short three block walk. Staff recommends approval. R. Carey Harveycutter, 644 J oan C ircle, C hair of the Long-Range Planning C ommittee of the Salem-Roanoke County Food Pantry, appeared before the C ommission. He stated this will be the first time the Pantry will have its own home to take care of. T he current location of the Pantry is in a city-owned structure that is to be demolished for pickle ball courts. He noted that the Pantry is open Monday through Friday 10:00 a.m. to 2:00 p.m.; there is not a large number of people present at a time--typically two to three volunteers and clients come at 15-minute intervals no more than two at a time that park where the food is taken out to the patrons after they call the Pantry. A discussion was held regarding perishable items present in the Pantry--not a lot of perishables are present and are given to clients--little to no waste. Food comes mainly from individuals, not semi-tractor trailers. T he Pantry has purchased the property. Mr. Harveycutter also noted that the Pantry also provides "snack buddies" for schools. No other person(s) appeared related to the request. Denise King motioned to approve request of Salem Ministers Conference C ommunity Food Pantry, contract purchaser, and Trustees God's C hurch of deliverance and Power, property owner, for the issuance of a Use Not Provided For Permit to allow the relocation of the Salem Food Pantry to the property located at 829 Indiana Street (Tax Map #186-1-5).. J ackson Beamer seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King C .Simms F arm Section 1 Consider the request for approval of the amended subdivision plan filed by Simms Property, LLC., property owner/developer, for a 7.564 acre tract known as Simms Farm Section 1. Staff noted the following: Section 1 plans were modified to move the storm water pond into an area where it can better collect and detain the run-off from the development. T here were no changes to the layout, utilities or plat. T he only changes were to the storm water pond. Calculations were re-submitted and reviewed by staff and were found to be adequate. T he C ouncil approved bond has not changed. Staff notes that this plan meets the requirements and recommends approval. C huck Van Allman, Director of C ommunity Development, stated that the plan was reviewed by the Engineering Department, City Engineer, and himself and it is in compliance with the city and state storm water management codes. Vice C hair King reiterated that the plan absolutely meets the standards. Mr. Van Allman noted that once a land disturbing permit has been issued, inspections will begin. Inspections will be made after any major rainfall event and on a regular basis even when there hasn't been any rain. T he plan will have to be followed as laid out by the design engineer, which meets the current city and state standards. Reid Garst motioned to approve the request for approval of the amended subdivision plan filed by Simms Property, LLC , property owner/developer, for a 7.564-acre tract known as Simms Farm Section 1.. Denise King seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King 5.Adjournment Meeting adjourned at 8:21 p.m. J ackson Beamer motioned adjournment. Neil C onner seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King C ity Council meeting, September 27, 2021, 6:30 p.m. C ouncil C hambers, C ity Hall, 114 North Broad Street Item # 6A Date: 10/11/2021 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT THE SALEM CIVIC CENTER MEETING DATE: October 11, 2021 AGENDA ITEM: First Reading of an ordinance to authorize the City Manager to: 1) pay a bonus up to $2,000 for non-exempt, full-time employees authorized at the September 5, 2021 Council meeting to receive up to a net $2,000 increase between a wage increase and bonus for eligible employees at or near the top of their current pay scale; 2) pay a $3,000 bonus to all sworn, full-time Sheriff’s Department employees subsequent to the General Assembly’s mandate for Compensation Board such positions; and 3) provide salary increases to certain Electric Department non-exempt employees reclassified in the FY22 budget process but excluded in the September 5, 2021 action that are otherwise eligible to net a $2/hour increase between the FY22 reclassification increases and this action. SUBMITTED BY: Jay Taliaferro, City Manager SUMMARY OF INFORMATION: 1) Council approved a plan at their September 5, 2021 meeting to provide $2/hour increases to certain non-exempt employees, or a $2,000 net impact between salary increase and bonus for eligible employees at or near their current classification plan salary maximum. The Code of Virginia requires the actual implementation of the bonus portion of this plan be approved by the local governing body by ordinance. 2) The Virginia General Assembly at their recent special session mandated and authorized the Compensation Board to provide one -time, hazard pay bonuses in the amount of $3,000 to certain Compensation Board funded full-time, sworn positions to include Sheriff’s Department employees. This action requires the bonuses be paid to applicable employee s by November 30, 2021. The Compensation Board will fund the bonuses for all sworn, full-time Sheriff’s Department employees for which they supplement wages. There are currently two sworn, full-time Sheriff’s Deputies that are not supplemented by the Compensation Board. This ordinance would include the same bonus for these employees to be paid with City funds. The Code of Virginia requires the local governing body to approve the payment of bonuses by ordinance. 3) The plan approved by Council for increases to salaries of certain non -exempt employees at the September 5, 2021 excluded limited Electric Department employees otherwise eligible who whose positions were reclassified during the FY22 budget process. Their increases resulting from reclassification were less than the $2/hour other eligible non -exempt employees received in the approved action on September 5, 2021. This action requests Council authorize the City Manager to address these employees to receive applicable increases to net a $2/hour increase between the market increases received in the FY22 budget process and this action. FISCAL IMPACT: 1) As presented at the September 5, 2021 Council meeting, the estimated cost for pro-rated bonus payments to certain eligible non-exempt employee is $17,000 and funding is available from 2022 budgeted capital funding for which American Rescue Plan Act (ARPA) monies are available to reimburse these funds through subsequent Council action. 2) The estimated cost to the City for the payment of a $3,000 bonus to all sworn, full- time Sheriff’s Department employees as a result of the General Assembly action and include the two Deputy positions not supplemented by the Compensation Board is $6,000. Funding is likewise available through existing capital funds to be reimbursed with ARPA funds subsequently. 3) The estimated cost to provide applicable increases to supplement market adjustments for certain non-exempt, full-time Electric Department employees provided in the FY22 budget reclassifications to net a $2/hour total increase is $30,000. Funding is available from 2022 budgeted capital funding for which American Rescue Plan Act (ARPA) monies are available to reimburse these funds through subsequent Council action as originally presented at the September 5, 2021 Council meeting. STAFF RECOMMENDATION: Staff recommends approval of this ordinance. AN ORDINANCE TO PAY SALARY BONUSES TO CERTAIN NON-EXEMPT EMPLOYEES AND CERTAIN SHERIFF’S DEPARTMENT EMPLOYEES WHEREAS, Virginia Code § 15.2-1508 empowers the City Council to authorize payment of bonuses to all employees of the City of Salem by ordinance; and WHEREAS, City Council approved implementation of a plan at their September 5, 2021 special meeting to provide wage increases to certain non-exempt employees and one-time bonuses for such employees at or near the top of their scale to result in net $2,000 impact to each between wage increase and bonus payment; and WHEREAS, the Virginia General Assembly in their special 2021 session mandates and provides funding for certain Compensation Board supported positions, including full-time, sworn Sheriff’s Department employees to receive one-time hazard pay bonuses of $3,000 by November 20, 2021; and WHEREAS, City Council wishes to provide this one-time bonus to all full-time, sworn City Sheriff’s Department employees; and WHEREAS, a limited number of non-exempt employees in the Electric Department reclassified by Council in the FY22 budget, were excluded but otherwise were eligible for the $2/hour wage increase authorized by Council at their September 5, 2021 special meeting and their actual increase from the FY22 budget reclassification was less than $2/hour; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Salem, Virginia that the Council hereby ratifies the appropriation of sufficient funds for, and ratifies payment of, 1) a one-time bonus in an amount necessary to equal a $2,000 gross impact of salary impact and bonuses to certain non-exempt employees at or near the top of their current scale as approved by Council at their September 5, 2021 special meeting; 2) a one -time hazard pay bonus to all full- time, sworn Sheriff’s Department employees in the amount of $3,000 by November 30 ; and 3) eligible full-time, non-exempt Electric Department employees excluded in the $2/hour increases authorized at the September 5, 2021 special Council meeting are approved for an additional salary increase amount not to exceed $2/hour net between their applicable increases received as a result of the FY22 budget reclassifications and this action. All ordinances, or parts of ordinances, in conflict with the provisions of this ordinance be and the same are hereby repealed. This ordinance shall be in full force and effect on ten days after its final passage. Upon a call for an aye and a nay vote, the same stood as follows: John E. Saunders – William D. Jones – Byron Randolph Foley - James w. Wallace, III – Renee F. Turk – Passed: Effective: /s/ Mayor ATTEST: ____ H. Robert Light Clerk of Council City of Salem, Virginia 1 Item #6B Date: October 11, 2021 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT SALEM CIVIC CENTER MEETING DATE: October 11, 2021 AGENDA ITEM: Request to approve reimbursement resolution for the Fiscal Year 2022 borrowing SUBMITTED BY: Rosemarie Jordan, Director of Finance SUMMARY OF INFORMATION: The City intends to borrow funds during fiscal year 2022 to finance our share of the improvements being made at the Roanoke Regional Water Pollution Control Plant. Due to the timing of this project, funds may be expended prior to the debt issuance. In order to ensure that the City can be reimbursed from the bond proceeds, a reimbursement resolution needs to be adopted giving the City the ability to reimburse any funds expended for this project prior to closing on the borrowing. FISCAL IMPACT: The impact of this resolution will be to allow the City to reimburse our accounts for any funds expended for any projects included in the proposed borrowing. STAFF RECOMMENDATION: Staff recommends adopting the attached reimbursement resolution 1412 allowing the City to be reimbursed from bond proceeds once a borrowing is completed during fiscal year 2022. IN THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, OCTOBER 11, 2021: RESOLUTION 1412 RESOLUTION OF OFFICIAL INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF A BORROWING WHEREAS, the Western Virginia Water Authority (the “Authority”) has informed the City of Salem, Virginia (the “Borrower”), that the Authority intends to acquire, construct and equip certain capital projects, including without limitation, facility improvements at the Roanoke Regional Water Pollution Control Plant (collectively, the “Project”); WHEREAS, the Borrower is obligated to pay a proportionate share of such Project costs to the Authority pursuant to the terms of a Service Agreement; and WHEREAS, plans for the Project have advanced and the Borrower expects to advance its own funds to pay its share of expenditures related to the Project (the “Expenditures”) prior to incurring indebtedness and to receive reimbursement for such Expenditures from proceeds of tax- exempt bonds or taxable debt, or both; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA: 1. The Borrower intends to utilize the proceeds of tax-exempt bonds (the “Bonds”) or to incur other debt, in an amount not currently expected to exceed $3,000,000. 2. The Borrower intends that the proceeds of the Bonds be used to reimburse the Borrower for Expenditures with respect to the Project made on or after the date that is no more than 60 days prior to the date of this Resolution. The Borrower reasonably expects on the date hereof that it will reimburse the Expenditures with the proceeds of the Bonds or other debt. 3. Each Expenditure was or will be, unless otherwise approved by bond counsel, either (a) of a type properly chargeable to a capital a ccount under general federal income tax principles (determined in each case as of the date of the Expenditure), (b) a cost of issuance with respect to the Bonds, (c) a nonrecurring item that is not customarily payable from current revenues, or (d) a grant to a party that is not related to or an agent of the Borrower so long as such grant does not impose any obligation or condition (directly or indirectly) to repay any amount to or for the benefit of the Borrower. 4. The Borrower intends to make a reimbursement allocation, which is a written allocation by the Borrower that evidences the Borrower’s use of proceeds of the Bonds to reimburse an Expenditure, no later than 18 months after the later of the date on which the Expenditure is paid or the Project is placed in service or abandoned, but in no event more than three years after the date on which the Expenditure is paid. The Borrower recognizes that exceptions are available for certain “preliminary expenditures,” costs of issuance, certain de minimis amounts, expenditures by “small issuers” (based on the year of issuance and not the year of expenditure) and expenditures for construction of at least five years. 5. The Borrower intends that the adoption of this resolution confirms the “official intent” within the meaning of Treasury Regulations Section 1.150-2 promulgated under the Internal Revenue Code of 1986, as amended. 6. This resolution shall take effect immediately upon its passage. Adopted October 11, 2021. Upon a call for an aye and a nay vote, the same stood as follows: John E. Saunders – 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 #6C Date: October 11, 2021 Item #6D Date: October 11, 2021