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Home My WebLink About8/23/2021 - City Council - Agenda -Regular City Council Meeting AGENDA Monday, August 23, 2021, 6:30 PM Work S ession 5:45 P.M. C o uncil C hambers , C ity Hall, 114 North Bro ad S treet, S alem, Virginia 24153 R egular S es s io n 6:30 P. M. C ouncil C hambers, C ity Hall, 114 North Broad S treet, S alem, Virginia 24153 WO RK SE SSI ON 1.Call to Order A.Roll Call 2.New Business A.Discussion I tems 1) Business and Home Occupation Licensing Fees 2) Review and Discuss Public C omment Rules for C ouncil Meetings (continuation of J uly 26, 2021 work session discussion) 3.Adjournment RE GUL AR SE S SI ON 1.Call to Order 2.Pledge of Allegiance 3.Bid Openings, Awards, Recognitions 4.Consent Agenda A.Minutes Consider acceptance of the minutes for the August 9, 2021 Work Session and Regular Meeting minutes. B.F inancial Report Consider the acceptance of the Statement of Revenues and Expenditures for the one month ending J uly 2021. 5.Old Business 6.New Business A.Amendment to the Zoning Ordinance Hold public hearing and consider ordinance on first reading for rezoning a portion of the property of Layman C andy C ompany, Inc., contract purchasers, and Lewis-Gale Medical C enter, LLC , property owner, located at 2105 Apperson Drive (Tax Map # 281-1-2) from BC D Business Commerce District to LM Light Manufacturing District. (As advertised in the August 5 and 12, 2021 issues of the Salem Times-Register). Planning C ommission recommends approval; see page 7 of Planning C ommission minutes). STA FF REPORT B.Amendment to the Zoning Ordinance Hold public hearing and consider ordinance on first reading for rezoning a portion of the property of Roanoke C ollege Trustees, property owner, located at 232 North Broad Street (Tax Map # 87- 7-7), from C UD College and University District to RS F Residential Single-Family District. (As advertised in the August 5 and 12, 2021 issues of the Salem Times-Register). Planning Commission recommends approval; see page 8 of Planning Commission minutes). STA FF REPORT C.Salem City School B oard Consider setting date for public hearing in accordance with Section 22.1-29.1 of the C ode of Virginia 1950, as amended, regarding the expiration of terms for Nancy Bradley and Teresa Sizemore-Hernandez. (Suggest date of September 13, 2021). D.Adjustment to P urchasing Limits Consider adoption of Resolution 1406 updating the small purchases limits. - SU P P L E ME N TAL I T E M 7.Adjournment Audit-Finance Committee Meeting is cancelled. City Council Meeting MINUTES Monday, August 9, 2021, 6:30 PM Work Session 6:00 P.M. Council Chambers Conference Room, 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 A.Roll Call A work session of the Council of the City of Salem, Virginia, was held in the Council Chambers Conference Room, 114, North Broad Street, Salem, Virginia, on August 9, 2021, at 6:00 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 (absent), and William D. Jones; with Renée Ferris Turk, Mayor, presiding; together with Rob Light, Assistant City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Crystal Williams, Assistant to the City Manager; Laura Lea Harris, Deputy Clerk of Council; and Jim Guynn, City Attorney 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 Marijuana Legislation WHEREAS, Mr. Guynn shared details about the Cannabis Control Act legislation adopted by the General Assembly. He discussed regulations. He explained the option available for localities to hold a referendum that would provide the choice to disallow future retail establishments. He noted that the State will establish controls that dictate the number of such retail operations. He advised that localities have the ability to impact potential locations to the extent allowed through options within the City’s Zoning Ordinance. Researching and evaluating such options was recommended as the first step. Mr. Guynn also spoke on the potential effect of decriminalization on the City’s Human Resources policies; and 3.Adjournment There being no further business to come before the Council, the work session was adjourned at 6:30 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 (absent); with Renée Ferris Turk, Mayor, presiding together with 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 There were none. 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: 1)Angela Lieb, 420 Valleydale Avenue Angela Lieb, property owner of rental property at 420 Valleydale Avenue, appeared before Council. She expressed concern about flooding and property damage caused by work done by a company installing internet in the City. B.Minutes Consider acceptance of the minutes for the July 26, 2021, Work Session and Regular Meeting minutes. The July 26, 2021, Work Session and Regular Meeting minutes were approved as written. Item #4A Date: 8/23/2021 5. Old Business A. Amendment to the Zoning Ordinance Consider ordinance on second reading for rezoning the property of the Salem Historical Society, property owner, located at 1936 West Main Street (Tax Map # 138-2-7) from CBD Community Business District with proffered conditions to CBD Community Business District without conditions. (Approved on first reading at the July 26, 2021, meeting). William Jones motioned to approve ordinance on second reading rezoning the property of the Salem Historical Society, property owner, located at 1936 West Main Street (Tax Map # 138-2-7) from CBD Community Business District with proffered conditions to CBD Community Business District without conditions. Randy Foley seconded the motion. Ayes: Foley, Jones, Turk, Wallace Absent: Saunders B. Amendment to the Zoning Ordinance Consider ordinance on second reading for rezoning the property of Property Catalyst Group, Inc., applicant, and Layman Candy Company, Inc., property owner, located at 1637 East Main Street (Tax Map #77-3-13) from LM Light Manufacturing with proffered conditions, to HBD Highway Business District with removal of the preexisting proffered conditions, and adding new proffered conditions offered by the owner and applicant. (Approved on first reading at the July 26, 2021, meeting.) William Jones motioned to approve ordinance on second reading rezoning the property of Property Catalyst Group, Inc., applicant, and Layman Candy Company, Inc., property owner, located at 1637 East Main Street (Tax Map #77-3-13) from LM Light Manufacturing with proffered conditions, to HBD Highway Business District with removal of the preexisting proffered conditions, and adding new proffered conditions offered by the owner and applicant. Randy Foley seconded the motion. Ayes: Foley, Jones, Turk, Wallace Absent: Saunders C. Amendment to the Zoning Ordinance Consider ordinance on second reading for rezoning the property of Property Catalyst Group, Inc., applicant, and Layman Candy Company, Inc., property owner, located at 23 Dalewood Avenue (Tax Map #77-3-12) from HBD Highway Business District with proffered conditions, to HBD Highway Business District with removal of the preexisting proffered conditions and adding new proffered conditions offered by the owner and applicant. (Approved on first reading at July 26, 2021, meeting). William Jones motioned to approve ordinance on second reading rezoning the property of Property Catalyst Group, Inc., applicant, and Layman Candy Company, Inc., property owner, located at 23 Dalewood Avenue (Tax Map #77-3-12) from HBD Highway Business District with proffered conditions, to HBD Highway Business District with removal of the preexisting proffered conditions and adding new proffered conditions offered by the owner and applicant. Randy Foley seconded the motion. Ayes: Foley, Jones, Turk, Wallace Absent: Saunders 6. New Business A. Fiscal Agent Agreements Consider approval of the fiscal agent agreements with Court-Community Corrections and Cardinal Criminal Justice Academy. Audit - Finance Committee The City serves as fiscal agent for the Court-Community Corrections Program, Regional Alcohol Safety Action Program Board, and Cardinal Criminal Justice Academy. Each of these agencies reimburses the City for out-of-pocket expenses and a portion of salaries and fringe benefits for City Staff. James Wallace motioned to authorize the proper City officials to execute the above contracts authorizing the City to continue to act as fiscal agent for these agencies for fiscal year 2021-2022. Randy Foley seconded the motion. Ayes: Foley, Jones, Turk, Wallace Absent: Saunders B. Appropriation of Funds Consider request to re-appropriate funding for Sewer vehicle. Audit - Finance Committee Vice-Mayor Wallace stated that in fiscal year 2021, $40,000 was included in the Sewer fund adopted budget to purchase a ¾ ton crew truck. Due to supply issues in the auto industry, the vehicle was not able to be purchased in fiscal year 2021. James Wallace motioned to re-appropriate $40,000 to purchase Sewer vehicle in Fiscal Year 2022. William Jones seconded the motion. Ayes: Foley, Jones, Turk, Wallace Absent: Saunders C. Performance Contract - Blue Ridge Behavioral Healthcare Consider approval of the fiscal year 2022 performance contract with Blue Ridge Behavioral Healthcare. Audit - Finance Committee The City of Salem participates with Blue Ridge Behavioral Healthcare in providing Mental Health, Developmental and Substance Abuse Disorder Services to the citizens of Salem and the Roanoke Region. Each year, Blue Ridge Behavioral Healthcare enters into a “Performance Contract” with the Commonwealth of Virginia for these services. The Code of Virginia requires the local governing body to be given the option to review and concur in the contract. For fiscal year 2021-22, Salem will contribute $155,104 to Blue Ridge Behavioral Healthcare. James Wallace motioned to approve the Fiscal Year 2021-2022 Community Services Performance Contract as submitted. William Jones seconded the motion. Ayes: Foley, Jones, Turk, Wallace Absent: Saunders D. Opioid Abatement Resolution Adopt Resolution 1405 authorizing and approving the City Manager and the City Attorney to execute the Virginia Abatement Fund Settlement Allocation Memorandum of Understanding. Mr. Guynn gave an explanation of the Resolution and the allocation of the Settlement proceeds. He stated that seventy percent of the funds will go to the State for the Opioid Abatement Authority, and we will have access to funds based on a grant basis for programs; fifteen percent will be divided among localities in Virginia; and fifteen percent goes to the State. The Memorandum of Understanding basically recites the above and lets us know what comes next as far as making the applications. Randy Foley motioned to adopt Resolution 1405 authorizing and approving the City Manager and the City Attorney to execute the Virginia Abatement Fund Settlement Allocation Memorandum of Understanding. William Jones seconded the motion. Ayes: Foley, Jones, Turk, Wallace Absent: Saunders E. Boards and Commissions Consider appointments to various boards and commissions. Randy Foley motioned to recommend Steve Belanger for Circuit Court appointment as alternate member to fill the unexpired term of Channing Mason for the remainder of a five-year term ending November 13, 2023, to the Board of Zoning Appeals and recommend appointing Cole Keister for a three-year term ending August 9, 2024, to the Fair Housing Board. William Jones seconded the motion. Ayes: Foley, Jones, Turk, Wallace Absent: Saunders Mayor Turk mentioned available vacancies on Boards and encouraged citizens to check the website and apply for any positions they are interested in. Mr. Foley requested clarification from Mr. Guynn on whether there were restrictions on serving on more than one board. Mr. Guynn stated that he would need specific information in order to be able to respond. 7. Adjournment The meeting was adjourned at 6:51 p.m. Schedule A Current Year Current Year % of Prior Year Budget Year to Date Budget Year to Date Variance Revenues: Beginning Balance 7-1-21 2,168,284$ - 0%- -$ General Property Taxes 40,605,600 699,972 2%1,781,888 (1,081,916) Other Local Taxes 22,027,515 312,169 1%270,468 41,701 Permits and Licenses 337,800 30,536 9%23,050 7,486 Fines and Forfeitures 61,000 200 0%220 (20) Revenue from Use of Money and Property 867,809 21,424 2%94,869 (73,445) Charges for Services 3,354,271 305,130 9%246,272 58,858 Payment in Lieu of Taxes from Electric Fund 3,160,000 - 0%- - Payment in Lieu of Taxes from Water Fund 181,000 14,768 8%14,484 284 Miscellaneous Revenue 266,500 8,272 3%13,257 (4,985) Non-Categorical Aid 3,688,907 36,184 1%(28,859) 65,043 Shared Expenses 1,558,777 - 0%- - Categorical Aid 8,176,237 46,940 1%50,413 (3,473) Total Revenues 86,453,700 1,475,594 2%2,466,061 (990,468) Expenditures: General Government 7,436,702 1,173,999 16%876,882 297,117 Judicial Administration 2,470,158 252,232 10%240,332 11,899 Public Safety 18,665,251 2,164,533 12%1,848,667 315,866 Public Works 12,024,850 741,492 6%937,845 (196,353) Health and Welfare 5,177,833 231,754 4%247,104 (15,350) Education 23,557,669 2,773,915 12%2,744,763 29,152 Parks, Recreation and Cultural 6,395,386 511,943 8%459,751 52,192 Community Development 2,801,835 368,851 13%335,280 33,571 Non-Departmental 6,460,925 341,126 5%410,145 (69,019) Contingency 1,363,091 - 0%- - Contingency for Economic Dev. Opportunities 100,000 - 0%- - Total Expenditures 86,453,700 8,559,844 10%8,100,769 459,075 Revenues Over/(Under) Expenditures -$ (7,084,251)$ (5,634,708)$ (1,449,543)$ City of Salem, Virginia General Fund Statement of Revenues and Expenditures For One Month Ending July 31, 2021 Item #4B Date: 8/23/2021 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 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June City of Salem Sales Tax Summary For Fiscal Years 2020 -2022 FY 2020 FY 2021 FY 2022 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 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June City of Salem Meals Tax Summary For Fiscal Years 2020 -2022 FY 2020 FY 2021 FY 2022 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 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June City of Salem Lodging Tax Summary For Fiscal Years 2020 -2022 FY 2020 FY 2021 FY 2022 City of Salem, Virginia Debt Outstanding For Period Ending July 31, 2021 Schedule E Balance Principal Balance 7/1/2021 Issuances Payments 7/31/2021 City Debt Outstanding 2011 Union First Market Refunding Bonds 1,170,792$ -$ -$ 1,170,792$ 2013 Public Improvement Bonds 1,156,400 - (89,425) 1,066,975 2016B Public Improvement Bonds 717,601 - - 717,601 2019 Public Improvement Bonds 4,670,000 - - 4,670,000 2020 Public Improvement Bonds 2,375,000 - - 2,375,000 2020 Public Improvement Refunding Bonds 5,519,026 - - 5,519,026 2021 Public Improvement Refunding Bonds 1,555,000 - - 1,555,000 Total City Debt Outstanding 17,163,819 - (89,425) 17,074,394 School Debt Outstanding 2011 Union First Market Refunding Bonds 2,049,208 - - 2,049,208 2012A Public Improvement Bonds 5,727,000 - (477,250) 5,249,750 2013 Public Improvement Bonds 3,563,600 - (275,575) 3,288,025 2020 Public Improvement Bonds 23,835,000 - - 23,835,000 Total School Debt Outstanding 35,174,808 - (752,825) 34,421,983 Total Debt Outstanding 52,338,627$ -$ (842,250)$ 51,496,377$ City of Salem, Virginia Capital Projects Fund Statement of Revenues and Expenditures For Period Ending July 31, 2021 Schedule F Project Total Available Year To Budget To Date Encumbrances Project Balance Date Fund Balance, July 1, 2021 14,139,216 Revenues: Federal Grants 9,289,835 2,317,654 - 2,317,654 6,972,181 - State Grants 9,131,023 895,145 - 895,145 8,235,878 - Proceeds From Debt Issuance 34,360,900 34,360,901 - 34,360,901 (1) - Interest Income 166,149 166,918 - 166,918 (769) 771 Donations 45,000 45,000 - 45,000 - - Transfer From General Fund 2,722,487 2,722,486 - 2,722,486 1 - Transfer From Electric Fund 148,200 148,200 - 148,200 - - Transfer From Water Fund 28,000 28,000 - 28,000 - - Total Revenues 55,891,594 40,684,304 - 40,684,304 15,207,290 771 Expenditures: Sheriff Equipment 2020 22,955 22,955 - 22,955 - - Radio System Upgrade 2,393,480 2,393,482 - 2,393,482 (2) - Fire Truck 2020 698,200 10,526 678,429 688,955 9,245 - Animal Shelter HVAC Replacement 46,450 46,450 - 46,450 - - Next Generation 911 378,493 71,343 87,757 159,100 219,393 - Street Department Equipment 2016 522,032 483,000 39,014 522,014 18 - Roanoke Blvd Multimodal Impr at VA 876,381 778,703 - 778,703 97,678 - Colorado St Bridge Replacement 6,450,000 283,176 621,495 904,671 5,545,329 43,241 Apperson Drive Bridge Replacement 3,364,939 317,575 422,382 739,957 2,624,982 - Street Department Equipment 2019 718,342 672,159 46,182 718,341 1 - VDOT E Main Project UPC 8753 217,955 165,885 - 165,885 52,070 - Street Department Equipment 2020 1,221,293 1,104,991 82,134 1,187,125 34,168 98,707 Hanging Rock Battlefield Phase 2 570,310 145,174 9,256 154,430 415,880 - Kiwanis Scoreboard 45,158 45,158 - 45,158 - - Western Roanoke River Greenway 50,000 1,500 - 1,500 48,500 - Elizabeth Campus Greenway 1,104,400 59,802 129,698 189,500 914,900 - Parks and Recreation Equipment 2020 22,832 22,833 - 22,833 (1) - Kiwanis Field Lighting Upgrades 700,000 644,727 - 644,727 55,273 182 Longwood Park Restroom Replacement 150,000 9,410 107,025 116,435 33,565 4,673 Salem Memorial Park Equipment 2020 35,950 35,950 - 35,950 - - Salem Memorial Park Lower Level Seats 101,000 101,000 - 101,000 - - Library Sidewalk Replacement 36,800 - 13,300 13,300 23,500 - Kiwanis Roof/Infrastructure Renovations 344,646 8,310 4,250 12,560 332,086 - Moyer Sports Complex Renovation 870,500 5,000 865,500 870,500 - - Downtown Impr - E Main St/College Ave 1,481,039 1,481,038 - 1,481,038 1 - Downtown Impr - E Main St/Broad St 974,799 844,540 65,807 910,347 64,452 - Downtown Impr - E Main St/Broad St-CDBG 250,000 250,000 - 250,000 - - Downtown Impr - CDBG Community Impr 285,000 27,130 25,615 52,745 232,255 - Downtown Impr - E Main St/Union St 1,203,861 58,968 59,925 118,893 1,084,968 - City of Salem, Virginia Capital Projects Fund Statement of Revenues and Expenditures For Period Ending July 31, 2021 Schedule F Project Total Available Year To Budget To Date Encumbrances Project Balance Date Downtown Impr - E Main St/Market St 3,629,869 63,970 108,314 172,284 3,457,585 - Capital Projects Local Reserve 15,910 - - - 15,910 - Transfer to Civic Center-2020 Bonds 109,000 109,000 - 109,000 - - Transfer to Schools-2020 Bonds 27,000,000 16,427,365 - 16,427,365 10,572,635 - Total Expenditures 55,891,594 26,691,120 3,366,083 30,057,203 25,834,391 146,803 Fund Balance, July 31, 2021 13,993,184 Schedule G Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Sale of Power 39,501,333$ 3,586,920$ 9% 3,324,289$ 262,632$ Other Electric Revenue 761,000 10,482 1% 43,107 (32,624) Reserve for Encumbrances 8,829,167 - 0% - - Total Operating Revenues 49,091,500 3,597,403 7% 3,367,395 230,007 . Operating Expenses Other Power Generation - Operation 90,000 7,953 9% 9,826 (1,873) Other Power Generation - Maintenance 63,613 815 1% - 815 Purchased Power 20,540,000 1,924,938 9% 2,032,278 (107,339) Transmission - Operation 7,510,500 640,607 9% 504,158 136,449 Transmission - Maintenance 24,000 239 1% 395 (156) Distribution - Operations 944,150 84,500 9% 105,205 (20,705) Distribution - Maintenance 1,221,665 95,229 8% 102,902 (7,673) Customer Service 598,409 58,758 10% 61,378 (2,620) Administration & General - Operation 2,854,285 11,892 0% 57,239 (45,347) Administration & General - Maintenance 189,490 16,143 9% 9,572 6,571 Depreciation - 109,785 0% 109,399 386 Capital 11,266,304 76,569 1% 331,976 (255,408) Contingency 629,084 - 0% - - Total Operating Expenses 45,931,500 3,027,427 7% 3,324,327 (296,900) Income (loss) Before Transfers 3,160,000 569,976 43,068 526,908 Transfers (3,160,000) - 0% - - Income (loss) -$ 569,976$ 43,068$ 526,908$ City of Salem, Virginia Electric Fund Statement of Operations For One Month Ending July 31, 2021 Schedule H Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Services 7,049,799$ 671,369$ 10% 609,507$ 61,862$ Other Revenue 380,000 23,428 6% 17,199 6,228 Reserve for Encumbrances 504,069 - 0% - - Appropriated from Net Position 1,660,000 - 0% - - pp p Total Operating Revenues 9,593,868 694,797 7% 626,707 68,090 . Operating Expenses Salaries of Personnel 810,926 93,279 12% 87,893 5,386 Fringe Benefits 375,370 30,864 8% 29,139 1,725 Contractual Services 766,591 36,188 5% 37,253 (1,064) Printing and Binding 2,500 - 0% - - Advertising 1,000 - 0% - - Utilities 417,200 31,727 8% 32,125 (399) Communications 5,800 220 4% 94 127 Insurance 29,750 4,745 16% - 4,745 Travel and Training 9,800 901 9% 111 790 Miscellaneous 58,834 31,150 53% 30,991 159 Materials and Supplies 199,100 1,376 1% 4,865 (3,489) Depreciation - 71,356 0% 71,242 115 Capital 1,176,111 8,099 1% - 8,099 Contingency 311,040 - 0% - - Total Production Expenses 4,164,022 309,905 7% 293,713 16,192 Salaries of Personnel 633,244 57,886 9% 53,826 4,060 Fringe Benefits 301,120 20,319 7% 18,871 1,448 Contractual Services 721,621 49,190 7% 42,984 6,206 Communications 4,950 105 2% 152 (47) Insurance 24,000 - 0% - - Lease/Rent of Equipment 2,000 152 8% 152 - Travel and Training 5,300 152 3% 152 Miscellaneous 24,834 1,990 8% 2,325 (334) Miscellaneous Credits (240,000) (20,614) 9% (24,036) 3,423 Materials and Supplies 135,800 (1) 0% 3,857 (3,858) Depreciation - 8,104 0% 7,888 216 Capital 2,154,957 5,981 0% 5,575 406 Interest Obligations 1,481,020 (60,486) -4% (19,682) (40,804) Bond Costs - - 0% - - Total Distribution Expenses 5,248,846 62,779 1% 91,911 (29,132) Income (loss) Before Transfers 181,000 322,113 241,083 81,030 Transfers (181,000) (14,768) 8% (14,484) (284) Income (loss)-$ 307,345$ 226,599$ 80,746$ Production Distribution City of Salem, Virginia Water Fund Statement of Operations For One Month Ending July 31, 2021 Schedule I Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Services 6,756,019$ 609,077$ 9% 571,163$ 37,914$ Other Revenue 149,000 8,200 6% 5,156 3,044 Reserve for Encumbrances 857,329 - 0% - - Appropriated from Net Position 950,000 - 0% - - Total Operating Revenues 8,712,348 617,277 7% 576,319 40,958 . Operating Expenses Salaries of Personnel 717,508 74,293 10% 66,301 7,992 Fringe Benefits 337,897 25,065 7% 24,454 612 Contractual Services 3,918,758 232,623 6% 236,794 (4,171) Printing and Binding 1,500 - 0% - - Advertising 1,500 - 0% - - Utilities 4,500 267 6% 849 (582) Communications 14,700 197 1% 221 (24) Insurance 18,000 - 0% - - Lease/Rent of Equipment 3,000 152 5% 152 - Travel and Training 9,000 304 3% - 304 Miscellaneous 36,834 2,078 6% 2,215 (137) Miscellaneous Credits (325,000) (14,114) 4% (10,812) (3,301) Materials and Supplies 100,800 840 1% 2,132 (1,291) Depreciation - 113,660 0% 97,529 16,130 Capital 1,642,469 2,854 0% 4,285 (1,431) Interest Obligations 1,631,321 (27,489) -2% (30,336) 2,848 Bond Costs - - 0% - - Contingency 599,561 - 0% - - Total Operating Expenses 8,712,348 410,731 5% 393,782 16,949 Income (loss) before Transfers - 206,546 182,537 24,009 Transfers - - 0% - - Income (loss) -$ 206,546$ 182,537$ 24,009$ City of Salem, Virginia Sewer Fund Statement of Operations For One Month Ending July 31, 2021 Schedule J Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Shows/rentals 302,600$ 18,199$ 6% 9,809$ 8,390$ Box office shows 960,000 5,480 1% 5,347 134 Catering and concessions 120,000 10,486 9% 1,081 9,405 Merchandise and commissions 103,000 9,954 10% 458 9,496 Static advertising 48,000 25,875 54% 8,875 17,000 Miscellaneous income 16,000 846 5% 2,626 (1,780) Salem Fair 563,000 539,550 96% - 539,550 Reserve for encumbrances 11,914 - 0% - - Shuttered Venue Operator Grant (SVOG)- 1,268,542 0% - 1,268,542 Total Operating Revenues 2,124,514 1,878,932 88% 28,196 1,850,736 Operating Expenses Salaries of personnel 1,064,979 168,040 16% 101,090 66,949 Fringe benefits 460,057 36,930 8% 34,273 2,657 Maintenance and contractual services 276,834 15,187 5% 3,979 11,208 Printing and binding 500 - 0% - - Advertising 25,000 (395) -2% 340 (735) Utilities 221,600 31,318 14% 13,739 17,579 Communications 13,900 640 5% 554 86 Insurance 21,000 - 0% - - Leases and Rentals 1,000 - 0% - - Travel and training 4,300 - 0% - - Miscellaneous 89,948 8,356 9% 4,970 3,385 Show expense 1,040,000 8,930 1% 11,104 (2,173) Fair expense 443,080 444,966 100% 6,220 438,746 Materials and supplies 34,980 1,291 4% 795 496 Depreciation - 25,885 0% 23,840 2,046 Contingency 86,504 - 0% - - Total Operating Expenses 3,783,682 741,147 20% 200,903 540,244 Income (loss) Before Transfers (1,659,168) 1,137,785 (172,707) 1,310,492 Transfers 1,659,168 138,264 8% 129,346 8,918 Income (loss)-$ 1,276,049$ (43,361)$ 1,319,410$ City of Salem, Virginia Salem Civic Center Statement of Operations For One Month Ending July 31, 2021 Schedule K Operating Revenues: Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Catering 378,080$ 45,736$ 12% 6,204$ 39,531$ Concessions 106,756 3,475 3% 859 2,616 Moyer Concessions 46,363 10,577 23% 7,234 3,343 Salem High Concessions 7,200 - 0% - - Total Operating Revenues 538,399 59,787 11% 14,297 45,490 . Operating Expenses: Salaries of personnel 193,823 24,369 13% 10,218 14,150 Fringe benefits 81,405 5,896 7% 3,831 2,066 Contractual services 6,500 627 10% 459 168 Printing and binding 300 - 0% - - Laundry and Cleaning 10,000 658 7% - 658 Communications 300 12 4% 16 (4) Insurance 1,200 - 0% - - Miscellaneous 114,661 14,661 13% 3,765 10,896 Materials and supplies 127,761 7,837 6% (591) 8,428 Depreciation - 365 0% 365 0 Contingency 6,214 - 0% - - Total Catering Expenses 542,164 54,426 10% 18,064 36,362 Salaries of Personnel 41,473 4,527 11% - 4,527 Fringe Benefits 11,219 531 5% - 531 Miscellaneous 33,750 595 2% 309 286 Materials and Supplies 25,600 499 2% 280 219 Total Concessions Expenses 112,042 6,152 5% 589 5,563 Salaries of Personnel 18,720 5,799 31% 7,503 (1,703) Fringe Benefits 4,922 969 20% 2,644 (1,675) Contractual services 2,500 208 8% 208 - Miscellaneous 4,400 1,610 37% 1,135 475 Materials and Supplies 9,600 3,168 33% 2,506 661 Total Moyer Expenses 40,142 11,755 29% 13,997 (2,242) Salaries of Personnel 4,155 90 2% - 90 Fringe Benefits 949 7 1% - 7 Materials and Supplies 1,880 32 2% 73 (40) Total Salem High Expenses 6,984 130 2% 73 57 Income (loss) Before Transfers (162,933) (12,675) (18,425) 5,750 Transfers 162,933 - 0% - - Income (loss)-$ (12,675)$ (18,425)$ 5,750$ Moyer Concessions Salem High Concessions City of Salem, Virginia Salem Catering and Concessions Statement of Operations For One Month Ending July 31, 2021 Catering Concessions City of Salem, Virginia Schedule of Deposits and Investments For Period Ending July 31, 2021 Schedule L FV as a Cash Value Net Change Fair Value % of 7/31/2021 in Fair Value 7/31/2021 Portfolio Demand & Time Deposits Concentration Account 116,231,727$ -$ 116,231,727$ 87.1% Payroll Account 11,093 - 11,093 0.0% Revenue Recovery Account 13,266 - 13,266 0.0% Utilitiy Billing Account 16,491 - 16,491 0.0% Box Office Account 983,792 - 983,792 0.7% Held as Fiscal Agent of: Cardinal Academy 919,258 - 919,258 0.7% Court Community Corrections 1,857,719 - 1,857,719 1.4% Held on Behalf of: Economic Development Authority 266,993 - 266,993 0.2% Total Demand & Time Deposits 120,300,339 - 120,300,339 90.1% Investments Local Government Investment Pool (LGIP) 16,879 - 16,879 0.0% Local Government Investment Pool EM (LGIP EM*) 862,191 35,955 898,146 0.7% VA State Non-Arbitrage Program (SNAP) 12,363,177 - 12,363,177 9.3% Total Investments 13,242,247 35,955 13,278,202 10.0% Total Deposits and Investments 133,542,586$ 35,955$ 133,578,541$ 100.1% * Extended Maturity Item # 6A 8-23-21 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL AGENDA ITEM: Amendment to the Zoning Ordinance Hold public hearing and consider ordinance on first reading for rezoning a portion of the property of Layman Candy Company, Inc., contract purchasers, and Lewis-Gale Medical Center, LLC, property owner, located at 2105 Apperson Drive (Tax Map # 281-1-2) from BCD Business Commerce District to LM Light Manufacturing District. Advertised in the July 29 and August 5, 2021 issues of the Salem Times-Register. SUBMITTED BY: Benjamin W. Tripp, AICP, CEcD, City Planner SUMMARY OF INFORMATION: Zoning: BCD Business Commerce District Future Land Use Plan Designation: Commercial Existing Use: Vacant, Storage and Warehousing Proposed Use: Warehousing and Distribution The subject property consists of a single parcel of approximately 9.7 acres (noted as Tract A1 on the attached draft subdivision plat provided for reference), located along the north side of Apperson Drive, adjacent to the Eastern City Limits. It is occupied by a single, llarge building that was part of the original shopping center and most recently used as offices, a technical college, and as storage. This building is being subdivided off separately, so the request only applies to this tract. SUMMARY OF PROPOSED CHANGES; The owner of the property is requesting that the large building and its tract be rezoned to Light Manufacturing in order to allow the relocation and growth of their warehousing and distribution business. The applicant states that this new location will enable them to add product lines, increase sales significantly, and that they intend to add one hundred new employees in the next five years as they grow. FISCAL IMPACT: Allowing an existing business to expand and to hire a large number of employees will produce a positive fiscal impact. STAFF RECOMMENDATION: Staff recommends approval. 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 Layman Candy Company, Inc., contract purchasers, and Lewis-Gale Medical Center, LLC, property owner, being a portion of the property located at 2105 Apperson Drive (Tax Map # 281-1-2) be and the same is hereby changed from BCD Business Commerce District to LM Light Manufacturing District.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 APPERSON DRIVE, 1,926'± EAST OF COOK DRIVE; THENCE N 08°08'12" E A DISTANCE OF 291.17' TO A POINT; THENCE N 81°51'48" W A DISTANCE OF 240.00' TO A POINT; THENCE S 08°08'12" W A DISTANCE OF 247.84' TO A POINT; THENCE S 02°33'57" W A DISTANCE OF 23.71' TO A POINT; THENCE N 88°05'10" W A DISTANCE OF 48.24' TO A POINT; THENCE N 06°18'09" E A DISTANCE OF 87.06' TO A POINT; THENCE N 16°07'24" E A DISTANCE OF 46.38' TO A POINT; THENCE N 08°08'12" E A DISTANCE OF 98.84' TO A POINT; THENCE N 65°51'34" W A DISTANCE OF 22.17' TO A POINT; THENCE N 24°09'00" E A DISTANCE OF 228.95' TO A POINT; THENCE N 81°48'26" W A DISTANCE OF 50.95' TO A POINT; THENCE N 16°47'52" W A DISTANCE OF 29.11' TO A POINT; THENCE N 08°11'34" E A DISTANCE OF 100.59' TO A POINT; THENCE N 81°53'06" W A DISTANCE OF 19.41' TO A POINT; THENCE N 08°06'54" E A DISTANCE OF 59.80' TO A POINT; THENCE N 81°48'29" W A DISTANCE OF 91.89' TO A POINT; THENCE N 24°09'00" E A DISTANCE OF 200.16' TO A POINT; THENCE S 81°52'00" E A DISTANCE OF 644.78' TO A POINT; THENCE S 08°08'00" W A DISTANCE OF 125.76' TO A POINT; THENCE S 81°48'26" E A DISTANCE OF 24.41' TO A POINT; THENCE S 08°11'34" W A DISTANCE OF 284.31' TO A POINT; THENCE N 81°52'00" W A DISTANCE OF 24.12' TO A POINT; THENCE S 08°08'00" W A DISTANCE OF 324.90' TO A POINT; THENCE N 81°52'00" W A DISTANCE OF 175.24' TO A POINT; THENCE S 08°08'00" W A DISTANCE OF 126.93' TO A POINT; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 26.19', WITH A RADIUS OF 1949.86', WITH A CHORD BEARING OF N 77°40'33" W, WITH A CHORD LENGTH OF 26.19' TO A POINT; THENCE N 12°59'15" E A DISTANCE OF 3.50' TO A POINT; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 84.53', WITH A RADIUS OF 1628.58', WITH A CHORD BEARING OF N 78°40'20" W, WITH A CHORD LENGTH OF 84.52' TO A POINT; WHICH IS THE POINT OF BEGINNING, CONTAINING 423,171 SQUARE FEET, 9.7147 ACRES, BEING A PORTION OF TAX PARCEL 281-1-2 AND LYING IN THE CITY OF SALEM, VIRGINIA. 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 1. Applicant(s): PETITION FOR ZONING AMENDMENT (REZONING) City of Salem Community Development Departm ent ----senjamin W~ Tripp, AIC P: City Planner Email : btriDe@salemva .gov Telephone: 540-375-3032 Layman Candy Co, Inc. P.O. Box 1015 Salem, VA 24153 2. Legal Owner(s) of property requested to be rezoned: Lewis-Gale Medical Center, LLC c/o Real Estate Department 3. Location of Property: Address : 2105 Apperson Drive Sa lem, VA 24153 Subdivision: Plat Book 8. Page 25 . Slide 160 Official Tax Map Number: Portion of Tax Parcel: 281-1-2 4. Characteristics of Property: Size (Acreage): 9.42 +/-Acres Deed Restrictions: .....!..!n/~aL-.------------------------- Present Use : Currently Vacant I Previous Business School 5. Zoning Classificat ion: Present Zoning: . BCD -Business Commerce District Proposed Zoning : LM -Light Manufacturing Land Use Des ignation : Future Land Use Map Indicates as Commercial 6. Reason(s) for Rezoning Request (Including proposed use): See Attached Narrative 7. Agent(s) or representative(s) of property owner(s): (Specify interest) Balzer & Associates, Inc. c/o Ben Crew Mailing Address : 1208 Corporate Circle Roanoke. VA 24018 Telephone Number: ....:5!.!:4:u!.!. . .1-1,,,1-...w.w.w.11t..-----------------~---- 8. Affidavit: A. The unders igned person certifies that this petition and the forego ing answers, statements, and other information herewith submitted are in all respects true and correct to the best of their knowledge and belief, Also, the pet itioner understands that a "N~tice of Zoning Request" sign will be posted on the property by the City . £ . ~~~.,4-L--~~---Date : 4;/XJ/,;<IJ.:t I Applicant Phone N Owner Signature: ..g__.£.µ~:-=--~'-'---~c...L.:------Date : Ct.> ~ :1-t( 0 I t t . icho s L Paul, Vice Pre sident of Lewis-Ga le Medical Center, LLC Wner n eres In rO rty.__..1"1.l::00..1J1.%,,..owwine...,rs1.111ohipui.in .... ter""'es.._t ----------------- Owne r Maili ng Address: One Park Plaza . Nashville. TN 37203 • Attn · vice presjdeot. Real Estate Owner Telephone Number: -'=e1=sl.-344-..;..;s=9a=2'--------------------- July 1, 2021 Mr. Jay Taliaferro City Manager - City of Salem 21 South Bruffey Street Salem, VA 24153 RE: 2105 Apperson Drive – Salem, VA 24153 Portion of Tax Parcel 281-1-2 Rezoning Request Dear Mr. Taliaferro, Layman Candy Co. Inc. (Contract Purchaser/Applicant) “Layman” are providing official application, supporting documents, and associated fees required to request a Rezoning of a portion of tax parcel 281-1- 2, from Business Commerce District (BCD) to Light Manufacturing District (LM). The proposed zoning will allow for Layman candy Company to relocate within the City of Salem to continue and expand business operations within a currently vacant and larger facility. This zoning request supports the growth objectives and business direction outlined below. Business Update: The purchase by Layman Candy Company, Inc (DBA Layman Distributing) of 2105 Apperson Drive; Salem, VA; 24153 (Site) and the subsequent rezoning to Light Manufacturing will have the following impacts on Layman Candy Company’s business: • Growth Opportunity – Allow Layman Distributing to expand business through additional capacity for products carried, services provided, and the employees necessary to sustain business expansion. Our reported Sales for 2020 were $289,000,000. With the additional capacity gained with this site, we foresee that we can grow our sales to at least $500,000,000 in the next 5 years • Service Area – Layman currently service Virginia, North Carolina, and West Virginia. Additional capacity at Site will allow Layman Distributing to begin servicing Tennessee, Kentucky, Washington, DC, Maryland, and South Carolina. All these new areas would be serviced out of Salem, VA Site with satellite operations added in outlying areas as needed • Expansion through acquisition – Given the recent consolidation in the Convenience Store and Food Service Distribution industry, Layman has plans to purchase other distributors with owners who are eager and ready to sell their business to Layman. Layman has a proven track record growth via acquisition based on Layman’s recent purchases of the following Distributors: o Patrick Wholesale (Honaker, VA) – 2009 o Sterling Grocery (Princeton, WV – 2018 o Reidsville Grocery (Reidsville, NC) – 2019 • Other Growth opportunities o Food Service Distribution – Layman receives contact all the time to service more restaurants in the Roanoke Valley area and beyond, and this site’s additional capacity will allow us expand our refrigeration capabilities required to bring on additional Food Service Customers o College and University Distribution – Layman recently have begun servicing several local colleges, and we see this as a profitable area of growth as these locations require a more diverse product mix that additional capacity will allow us to stock • Job Creation – Layman currently employs 110 people of which 80 live in the Roanoke Valley and surrounding communities. We plan to hire an additional 100 employees in the next 5 years to support the company’s growth • Site Improvement – Layman’s plans for this site include demolition of existing interior office space and conversion to warehousing operations. • Investment – our plans include investing over 1M into the property that includes design services, demolition, tenant upfit, modern signage, IT infrastructure, and product warehouse improvements (Additional fixtures, refrigeration, racking, etc.) Existing Conditions: The overall tax map parcel includes multiple buildings with various users and uses. The portion being requested to be rezoned and indicated on the plat including a large existing building which will be renovated, large parking lot between the building and Apperson drive, and additional parking/service area on the northside of the existing building. This is the last parcel to the East prior to crossing the corporate limits into the City of Roanoke, VA. The property has frontage on the public right of way of Apperson Drive. Existing utility services are currently in place and they will be upgraded or modified as necessary to facilitate the new user. Comprehensive Development Plan & Summary: This project is in conformance with many of the Goals, Strategies, and Objectives as defined in the City of Salem’s Comprehensive Plan. This proposed use revitalizes a previously vacant building and converts it to an active location for a business with a local proven track record. The future land use plan designates this parcel as commercial. The proposed zoning designation of LM is appropriate for this core building with the surrounding properties being zoned Highway Business District (HBD) and Heavy Manufacturing District (HM). Sincerely, Benjamin T. Crew Associate AG - Agriculture District BCD - Business Commerce District CBD - C ommuni ty Business District CUD - C ollege/U niversity District DBD - D owntow n Business District HBD - H ighway Business District HBD/HM - Highw ay Business/Heavy Manufacturing District HBD/LM - Highw ay Business/Li ght Manufacturing District HM - Heavy Manufactur ing Distr ict LM - Light Manufacturing District LM/HM - Light M anufacturing/Heavy Manufacturing District MHP - M anufactured Home Par k 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 Apperson Drive (LeeHighway) HRT of Roanoke,Inc.,PB 8,PG 25 Lewis-GaleBuildingCorp.Plat,PB4,PG82A A B 80 30' EASEMENT City of Salem City of Roanoke City of Roanoke City of Salem 1 2 2.1 3 2-1 165.99 118.09 116.56 29.50 18.83 48.23 29.50317.73 349.45 126.93 150.00 144.80 151.64 254.79 300.00 746.61 922.59 320.00 1183.04 683.11 157.00 933.14 869.29 1 2103 2171 2105-2107-2109-2111-2115-21172119-2121-2131-2141-2155-2157-2159 2041-2043 Apperson Dr 2085 4.924 Ac. 0.948 Ac. 0.4747 Ac. 19.67 Ac. 0 100 20050 Feet±1 inch = 110 fe et AUGUST 2021 PLANNING COMMISSION ITEM 4A2105 APPERSON DR. CITY OF SALEM Community Development DepartmentP.O. Box 869Salem, Virginia 24153-0869Phone: (540) 375-3032 Tax Parcel 281-1-2 Buildings Parcels City Limits Comme rcia l Dow ntown Econo mic De velopme nt A rea In dus trial In stitutio na l Mixed Use Public Pa rks and R ecre atio na l Reside ntia l Tran sitio nal Ta x Parcel 281 -1-2 Bu ildings Pa rce ls City Limits LEGAL DESCRIPTION BEGINNING AT A POINT ON THE NORTH LINE OF APPERSON DRIVE, 1,926'± EAST OF COOK DRIVE; THENCE N 08°08'12" E A DISTANCE OF 291.17' TO A POINT; THENCE N 81°51'48" W A DISTANCE OF 240.00' TO A POINT; THENCE S 08°08'12" W A DISTANCE OF 247.84' TO A POINT; THENCE S 02°33'57" W A DISTANCE OF 23.71' TO A POINT; THENCE N 88°05'10" W A DISTANCE OF 48.24' TO A POINT; THENCE N 06°18'09" E A DISTANCE OF 87.06' TO A POINT; THENCE N 16°07'24" E A DISTANCE OF 46.38' TO A POINT; THENCE N 08°08'12" E A DISTANCE OF 98.84' TO A POINT; THENCE N 65°51'34" W A DISTANCE OF 22.17' TO A POINT; THENCE N 24°09'00" E A DISTANCE OF 228.95' TO A POINT; THENCE N 81°48'26" W A DISTANCE OF 50.95' TO A POINT; THENCE N 16°47'52" W A DISTANCE OF 29.11' TO A POINT; THENCE N 08°11'34" E A DISTANCE OF 100.59' TO A POINT; THENCE N 81°53'06" W A DISTANCE OF 19.41' TO A POINT; THENCE N 08°06'54" E A DISTANCE OF 59.80' TO A POINT; THENCE N 81°48'29" W A DISTANCE OF 91.89' TO A POINT; THENCE N 24°09'00" E A DISTANCE OF 200.16' TO A POINT; THENCE S 81°52'00" E A DISTANCE OF 644.78' TO A POINT; THENCE S 08°08'00" W A DISTANCE OF 125.76' TO A POINT; THENCE S 81°48'26" E A DISTANCE OF 24.41' TO A POINT; THENCE S 08°11'34" W A DISTANCE OF 284.31' TO A POINT; THENCE N 81°52'00" W A DISTANCE OF 24.12' TO A POINT; THENCE S 08°08'00" W A DISTANCE OF 324.90' TO A POINT; THENCE N 81°52'00" W A DISTANCE OF 175.24' TO A POINT; THENCE S 08°08'00" W A DISTANCE OF 126.93' TO A POINT; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 26.19', WITH A RADIUS OF 1949.86', WITH A CHORD BEARING OF N 77°40'33" W, WITH A CHORD LENGTH OF 26.19' TO A POINT; THENCE N 12°59'15" E A DISTANCE OF 3.50' TO A POINT; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 84.53', WITH A RADIUS OF 1628.58', WITH A CHORD BEARING OF N 78°40'20" W, WITH A CHORD LENGTH OF 84.52' TO A POINT; WHICH IS THE POINT OF BEGINNING, CONTAINING 423,171 SQUARE FEET, 9.7147 ACRES, BEING A PORTION OF TAX PARCEL 281-1-2 AND LYING IN THE CITY OF SALEM, VIRGINIA. Planning Commission Meeting MINUTES Wednesday, August 11, 2021, 7:00 PM Work Session, 6:00PM Council Chambers Conference Room Regular Session, 7:00PM Council Chambers 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 August 11, 2021, there being present the members of said Commission, to wit: Vicki G. Daulton, Chair; Denise P. King, Vice Chair, Reid A. Garst II, N. Jackson Beamer, and Neil L. Conner; together with H. Robert Light, Assistant City Manager and Deputy Executive Secretary, ex officio member of said Commission; Charles E. Van Allman, Jr., Director of Community Development, Mary Ellen Wines, Zoning Administrator; Benjamin W. Tripp, City Planner; and Christopher Dadek on behalf of City Attorney Jim H. Guynn, Jr.; and the following business was transacted: Whereas Chair Daulton called the meeting to order at 6:05 p.m. and reported that this date, place, and time had been set in order for the Commission to hold a work session; and Whereas Mr. Tripp discussed the change in format of the agenda; and Whereas a discussion was held regarding moving item 4E to 4A; and Whereas Vice-Chair King stated that there was an error on page 2 of the minutes of the July 14, 2021, regular session. Susan Menee should be spelled Susan Mini; and Whereas Mr. Tripp acknowledge the presence of Mrs. Anne-Marie Green at the work session; and 2. New Business A. Discussion item from the September meeting Rezoning of 405 Kimball Avenue, Tax Map # 235-1-2 from RMF, Residential Multi-Family District with condition to RMF, Residential Multi-Family District without conditions. Whereas Mr. Tripp introduced an item scheduled for the September regular session meeting. 405 Kimball Avenue rezoning to remove the condition that the only use allowed is that of a human care facility. He explained that the contract purchasers would like to build townhomes; and B. Discussion items from the August Meeting Discussion of items from the August 11, 2021, regular session agenda. Whereas Mr. Tripp introduced the Apperson Drive rezoning item explaining that neighbors from the City of Roanoke planned to appear at the meeting tonight to discuss traffic issues and truck access. Commissioner Conner asked if staff had a recommendation regarding this item. Mr. Tripp replied that staff would recommend approval. That Mr. Light and the Economic Development Office had been working with the contract purchasers for some time trying to find a suitable location for their expansion; and Whereas Mr. Tripp introduced the North Broad Street rezoning item explaining that the College wanted to rezone a portion of the property to allow for the construction of a residential single-family dwelling. He further explained that it is not known at this time if the College would build and use for faculty or sell the lot. Ms. Wines clarified that the buffer yard between the existing parking lot and the vacant lot would remain; and Whereas Mr. Tripp introduced the Village at North Mill Phase Four item explaining that the first plat with the red markings was the preliminary plat that staff comments on and returns to the engineers for correction and that the second plat with no markings is the final plat. He further explained that both the plat and the plan have been through staff review and have been approved; and Whereas Mr. Tripp introduced the Calhoun Townhomes item explaining that an update plat was sent notating that the adjacent alley was now shown as an eighteen-foot alley and not a public alley due to the indeterminate ownership of the alley. Ms. Wines explained that the facades facing Calhoun are actually the rear of the townhomes but will appear, from the street, as front facades. Chair Daulton inquired if there would be driveways onto Calhoun and Ms. Wines responded that there would be no individual driveways onto a right-of-way that there will be one access onto Calhoun and one on Chestnut: and Whereas Mr. Tripp introduced the 401 South Market Street item stating that this history of this property makes it a good candidate for the Historic Register and that it also is a good contender for the State and National Registers as well. Ms. Wines explained that there is a condition on the property that it would be used for only a masonic temple and that would have to be removed prior to the petitioners making any changes to the property; and 3. Adjournment Whereas Chair Daulton inquired if there were any other items for discussion and hearing none, adjourned the work session at 6:46 p.m. REGULAR SESSION 1. Call to Order A regular meeting of the Planning Commission of the City of Salem, Virginia, was held after due and proper notice in the Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia, at 7:00 p.m., on August 11, 2021. Notice of such hearing was published in the July 19 and August 5, 2021, issues of the "Salem Times Register", a newspaper published and having general circulation in the City. All adjacent property owners were notified via the U. S. Postal Service. The Commission, constituting a legal quorum, presided together with Christopher Dadek on behalf of Jim H. Guynn, Jr., City Attorney; Assistant City Attorney; Rob Light, Assistant City Manager; Charles E. Van Allman, Jr., Director of Community Development; Benjamin W. Tripp, City Planner; and Mary Ellen Wines, Zoning Administrator; and the following business was transacted: Chair Daulton called the hearing to order at 7:00 p.m. 2. Pledge of Allegiance 3. Consent Agenda A. Minutes Consider acceptance of the minutes from the July 14, 2021, work session and regular meeting. Denise King motioned acceptance of minutes from the July 14, 2021, work session and regular meeting as amended. Neil Conner seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King 4. New Business Jackson Beamer motioned to move Item 4E to 4A. Reid Garst seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King A. Salem Historic Registry Consider petition from JASS Properties, Inc., for inclusion in the Salem Historic Registry of the property located at 401 South market Street (Tax Map # 145-10-2). Staff noted the following: This building was originally erected in 1918 for Dr. William Rufus Brown, an important figure in Salem’s African American Water Street community, and the town’s only African American doctor at the time. Dr. Brown was also an active member of the John Wesley Methodist Church, the NAACP, YMCA, and the Salem/Roanoke County Civic League. He also helped to build Carver High School. The building later served as "Mae's Inn," a prominent restaurant in Salem's then segregated African American community owned by Ethel May Myers Whitfield. After the restaurant was sold in the late 1950s it became a Masonic lodge (Salem Lodge 120). On June 17, 2021, the Virginia Department of Historic Resources deemed this property to be eligible for nomination to the National Register of Historic Places and the Virginia Landmarks Register. This property meets Criteria B and D for inclusion on the registry. Staff recommends approval. Shirley Everette, 1239 Wildwood Road, Salem, appeared before the Commission to speak on behalf of the request; she handed the Commission a presentation on the property. She stated that the history came to light with the support of Mike Pulice, Mike Stevens, Benjamin Tripp, Francine Ferguson, John Long, Benita VanCleave, clerk in the Real Estate Office, and the trustees of the Masonic Lodge. The building originally served as an apartment building for Dr. William Rufus Brown who died in 1964. Dr. Brown came to Salem after migrating from Trinidad in 1911 as a physician. Mrs. Everette stated that she and her twin sister lived in the building when they first came to Salem. She went on to discuss more history of the structure and shared photos with the Commission. Neil Conner motioned to approve petition from JASS Properties, Inc., for inclusion in the Salem historic Registry of the property located at 401 South Market Street (Tax Map #145-10-2). Denise King seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King B. Amendment to the Zoning Ordinance Hold public hearing to consider the request of Layman Candy Company, Inc., contract purchasers, and Lewis-Gale Medical Center, LLC, property owner, for rezoning a portion of the property located at 2105 Apperson Drive (Tax Map # 281-1-2) from BCD Business Commerce District to LM Light Manufacturing District. Staff noted the following: The subject property consists of a single parcel of approximately 9.4 acres, located along the north side of Apperson Drive, adjacent to the Eastern City Limits. It is occupied by a single large building that was part of the original shopping center, but which was most recently used as offices, a technical college, and as storage. This building is being subdivided off separately, so the request only applies to it. The owner of the property is requesting that the large building and its tract be rezoned to Light Manufacturing in order to allow the relocation and growth of their warehousing and distribution business. The applicant states that this new location will enable them to add product lines, increase sales significantly, and that they intend to add one hundred new employees in the next five years as they grow. Staff recommends approval. Ben Crew with Balzer and Associates, 1208 Corporate Circle, Roanoke, appeared before the Commission on behalf of Layman Candy Company. He noted that Glenn Bowe, Vice President of Layman Candy Company was also present. He stated that it is an exciting time for Layman Candy Company and the rezoning will allow them to relocate the business from West Main Street to this currently vacant and larger facility off of Apperson Drive. The relocation will also allow the company to work on the growth projection for the next five years, which are outlined in the narrative provided with the request. A discussion was held regarding tractor trailer/truck traffic to and from the site-- tractor trailers deliver goods, box trucks then distribute goods. Number varies, but possibly ten trucks a day typically more in the early morning. Glenn Bowe, Vice President of Layman Candy Company, 1630 West Main Street, Salem, appeared before the Commission to help explain truck traffic, egress, etc. with Ben Crew. A discussion was held regarding the travel path for the trucks--the standard is for all truck traffic to use the signalized intersection, which is a controlled access point. Trucks will then go to the back of the building to the loading docks where the majority of the trucks will be located to do unloading and reloading. It was noted that employees will park in the front of the building; there are two main shifts of employees--7 a.m. to 4 p.m. is the main shift and a shift that comes in at 6 a.m. and works until finished. Initially there will be less than 50 employees working at one time. It was also noted that the way the property is being subdivided there will be a property owners' association and it will have cross access easements to ensure that the main parcel and all out parcels are covered from an access and maintenance standpoint. The Director of Community Development noted that there are more conflict points on West Main Street where you can have traffic problems in addition to overflow traffic from Interstate 81 compared to Apperson Drive where it is a clear intersection with less conflict points. Bill Turner, 1302 Belle Aire Lane, Roanoke, VA, appeared before the Commission and stated that his property is in the City of Roanoke, but if overlooks the property. He stated that he has lived here for almost three years and the main shopping center has been vacant, but Lewis Gale Hospital has been a very good neighbor. He reviewed the history of the businesses that he remembers being in the property over the years. He stated that the notice that was sent out stated that the address of the property is 2105 Apperson Drive and he drove down the property and could not find that address on the main shopping center building. He stated that 2105 Apperson Drive is located on what he considers a "strip mall" perpendicular to Wendy's, which is not large enough to house a candy store much less a distribution center. He spoke with the Zoning Administrator regarding the address issue, and the truck traffic to the property. He stated that he is concerned about the truck traffic coming to and from the property. He further stated that he received a call from Sergeant Beard with the Salem Police Department regarding the truck traffic to and from the property. The concerns he addressed with Sergeant Beard were regarding trucks entering the property by the former Sakura Restaurant, site distance, truck traffic blocking the entrance to Wendy's, truck traffic going in front of the Small Steps Day Care Center, etc. He stated that there is another entrance, but it is privately owned. Chair Daulton asked that Mr. Crew and Mr. Bowe address Mr. Turner's concerns. A discussion was held regarding the address issue of the notice. It was noted that the description of the property to be rezoned is noted by the meets and bounds of what is being rezoned. It was further noted that the address listed is the "master" number of the tax parcel. Jeff Cheater, 1305 Belle Aire Lane, Roanoke, appeared before the Commission. He stated that he looked the property up and there are four buildings on the property with the same parcel number. He questioned what building on the property is being rezoned. The Zoning Administrator stated that the building in the back, which is the one requesting the rezoning, will be subdivided into its own tax parcel at a later date. Mr. Cheater stated that he feels that the truck traffic should have been addressed in the initial presentation. Chair Daulton stated that is why the Commission asked specific questions regarding the truck traffic. Chair Daulton again asked Mr. Crew and Mr. Bowe to address the traffic concerns. Mr. Crew stated that Lewis-Gale is the seller and does not have any concerns with there being a conflict of users; therefore, he does not see there is a concern. It was noted that Lewis-Gale is also a landlord to other businesses located on the parcel. He stated that the majority of the truck traffic should be dissipated by 8 a.m. and there will not be a multitude of tractor trailers coming to and from the property, it will be approximately ten in-bound tractor trailers a day; one out-bound tractor trailer a day going to North Carolina, and ten plus or minus box trucks per day for "regional" delivery. He further stated that he feels that the businesses will be able to work together. The Virginia Varsity Storage access is private and is not connected to the development. He noted that it is a standard operational procedure by Layman Candy Company that truck traffic is to use a signalized intersection to access the property. A discussion was held regarding tractor trailer and truck traffic loading, unloading and turning radius in the back of the building, and the number of vehicles coming and going from the property. The location of truck traffic near the daycare center--it was noted that there is a designated turn-in area for the daycare; therefore, the truck traffic will not be near the children. It was further noted that the actual route the truck traffic will take on the property has yet to be determined. No other person(s) appeared related to the request. Jackson Beamer motioned to approve request of Layman Candy Company, Inc., contract purchasers, and Lewis-Gale Medical Center, LLC, property owner, for rezoning a portion of the property located at 2105 Apperson Drive (Tax Map #281-1-20) from BCD Business Commerce District to LM Light Manufacturing District. Neil Conner seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King C. Amendment to the Zoning Ordinance Hold public hearing to consider the request of Roanoke College Trustees, property owner, for rezoning a portion of the property located at 232 North Broad Street (Tax Map # 87-7-7), from CUD College and University District to RSF Residential Single-Family District. Staff noted the following: The subject property consists of a single parcel of approximately one acre located along the east side of North Broad Street, across the street from Shipman Alley. The use of the property divides roughly in half: it is occupied by a parking facility, accessed from Red Lane, on the eastern half, but is vacant on the half fronting on Broad Street. The applicant is proposing to subdivide off about one-third of the property along North Broad Street and is requesting that this portion be rezoned to Residential Single Family in order to allow the construction of a new single-family residence. Staff recommends approval. Ben Crew, Balzer and Associates,1208 Corporate Circle, Roanoke, VA 24018, appeared before the Commission on behalf of Roanoke College. He noted that David Moen, Vice President of Business Affairs at Roanoke College, was also present. He stated that Roanoke College feels this property is "surplus" and would like to have the property rezoned as it is the best use for the parcel. He noted that Roanoke College does not have immediate plans to sell the property, but it may come on the market in the future. It was noted that the residents who inquired about the rezoning were in favor of the rezoning once they found out it was for residential single family. No other person(s) appeared related to the request. Denise King motioned to approve the request of Roanoke College Trustees, property owner, for rezoning a portion of the property located at 232 North Broad Street (Tax Map #87-7-7) from CUD College and University District to RSF Residential Single- Family District. Neil Conner seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King D. The Village at North Mill Phase Four Consider the request for preliminary and final approval of proposed subdivision plan and plat filed by RFC2017 Land, LLC, property owner/developer, for a 7.767-acre tract known as The Village at North Mill Phase Four. Staff noted the following: This plat would create seven new lots in phase 4 of the Village at North Mill. These lots are an extension of Woodside Drive, with a remnant lot to be included in a future phase. This plat meets the City of Salem Subdivision Ordinance, and the Subdivision Plan has been approved by staff. Staff recommends approval. Reid Garst motioned to approve the request for preliminary and final approval of proposed subdivision plan and plat filed by RFC2017 Land, LLC, property owner/developer, for a 7.767-acre trace known as The Village at North Mill Phase Four. Denise King seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King E. Calhoun Townhomes Consider the request for preliminary and final approval of proposed subdivision plan and plat filed by Virginia Valley Properties, LLC, property owner/developer, for a 0.72-acre tract known as the Calhoun Townhomes. Staff noted the following: This plat would create seven (7) new lots (6 townhomes, 1 common area lot) for the Calhoun Townhomes. Parking will be at the rear of the townhomes to include garages. The stormwater management area will be located within the common area lot. This plat meets the City of Salem Subdivision Ordinance, and the Subdivision Plan has been approved by staff. Staff recommends approval. The City Planner noted that the alley behind the property has changed from a designation of an 18-foot public alley on the preliminary plat to 18-foot alley on the final plat. Neil Conner motioned to approve the request for preliminary and final approval of proposed subdivision plan and plat filed by Virginia Valley Properties, LLC, property owner/developer, for a 0.72-acre tract known as the Calhoun Townhomes. Jackson Beamer seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King 5. Adjournment On motion by Jackson Beamer seconded by Neil Conner and duly carried, Chair Daulton adjourned at 8:21 p.m. Ayes: Beamer, Conner, Daulton, Garst, King City Council meeting, August 23, 2021, 6:30 p.m. Council Chambers, City Hall, 114 North Broad Street Item # 6B Meeting Date: 8-23-21 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL AGENDA ITEM: Amendment to the Zoning Ordinance Hold public hearing and consider ordinance on first reading for rezoning a portion of the property of Roanoke College Trustees, property owner, located at 232 North Broad Street (Tax Map # 87-7-7), from CUD College and University District to RSF Residential Single-Family District. Advertised in the July 29 and August 5, 2021 issues of the Salem Times- Register. SUBMITTED BY: Benjamin W. Tripp, AICP, CEcD, City Planner SUMMARY OF INFORMATION: Zoning: CUD College and University District Future Land Use Plan Designation: Residential Existing Use: Vacant, Educational Facilities, College/University Proposed Use: Single Family Dwelling, Detached The subject property consists of a single parcel of approximately one acre, located along the east side of North Broad Street, across the street from Shipman Alley. The use of the property divides roughly in half: It is occupied by a parking facility, accessed from Red Lane, on the eastern half, but is vacant on the half fronting on Broad Street. SUMMARY OF PROPOSED CHANGES; The applicant is proposing to subdivide off about 1/3rd of the property along North Broad Street (noted as Proposed Parcel B on the attached draft subdivision plat for reference), and is requesting that this portion be rezoned to Residential Single Family in order to allow the construction of a new single family residence. STAFF RECOMMENDATION: Staff recommends approval. 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 Roanoke College Trustees, property owner, being a portion of the property located at 232 North Broad Street (Tax Map # 87-7- 7) be and the same is hereby changed from CUD College and University District to RSF Residential Single-Family District. 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 EAST LINE OF NORTH BROAD STREET, SAID POINT LYING 132'± NORTH OF THE NORTH LINE OF DULANEY'S ALLEY; THENCE ALONG THE EAST LINE OF NORTH BROAD STREET N 12°34'00" W THROUGH AN IRON PIN FOUND AT 129.97', A TOTAL DISTANCE OF 137.26' TO A POINT IN THE CENTER OF VACATED SHIPMAN ALLEY; THENCE LEAVING THE EAST LINE OF NORTH BROAD STREET N 76°41'14" E A DISTANCE OF 111.91' TO A POINT; THENCE WITH A NEW LINE S 13°18'46" E A DISTANCE OF 137.18' TO A POINT; THENCE S 76°39'00" W A DISTANCE OF 113.69' TO A POINT ON THE EAST LINE OF NORTH BROAD STREET; WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 15,478 SQUARE FEET, 0.355 ACRES AND BEING IN THE CITY OF SALEM, VIRGINIA. 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 July 1, 2021 Mr. Jay Taliaferro City Manager - City of Salem 21 South Bruffey Street Salem, VA 24153 RE: 232 N Broad St – Salem, VA 24153 Balzer and Associates, Inc. Job # 04210036.00 Rezoning Request Dear Mr. Taliaferro, Roanoke College Trustees (Property Owner) are providing official application, supporting documents, and associated fees required to request a Rezoning of a portion of tax parcel 87-7-7, from CUD- College/University District to RSF-Residential Single Family District. The proposed zoning will allow for a residential use on a portion of the existing parcel while the remainder of the property can continue to provide residential parking for Roanoke College. Project Narrative & Existing Conditions: A portion of the existing parcel is currently being used to provide residential parking for Roanoke College, while the remainder of the parcel is vacant. The RSF zoning will allow for the development of a single family residence along North Broad Street, while maintaining the parking required by Roanoke College. See attached North Broad Street “Resubdivision Plat for Roanoke College - Zoning Exhibit” dated 6/7/2021 for additional details. The existing parcel is approximately 1.006 acres and is bounded by the public rights- of-way of North Broad Street to the West and Red Lane to the East, and by RSF zoned property to the North and South. The parcel generally drains from West to East towards Red Lane. The property has frontage on two public roads, North Broad Street and Red Lane. Buffers An existing row of evergreen trees will provide an existing/natural buffer between the proposed RSF parcel and the portion of the existing parcel to remain CUD. 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 maintaining existing buffering, while 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, while supporting Roanoke College and helping to promote low density residential development along North Broad Street. Sincerely, Benjamin T. Crew Associate PLANNERS / ARCHITECTS / ENGINEERS / SURVEYORS ROANOKE / RICHMOND / NEW RIVER VALLEY / STAUNTON / HARRISONBURG / LYNCHBURG DRAWN BY:BTC1208 Corporate Circle / Roanoke, Virginia 24018 / Phone (540) 772-9580 / www.balzer.cc j: \ 2 1 \ 0 0 \ 0 4 \ 0 4 2 1 0 0 3 6 . 0 0 n o r t h b r o a d s t r e e t - r o a n o k e c o l l e g e \ c i v i l \ d w g \ 0 4 2 1 0 0 3 6 . 0 0 z o n i n g b a s e _ . d w g LEGAL DESCRIPTION PROPOSED PARCEL B NORTH BROAD STREET BEGINNING AT A POINT ON THE EAST LINE OF NORTH BROAD STREET, SAID POINT LYING 132'± NORTH OF THE NORTH LINE OF DULANEY'S ALLEY; THENCE ALONG THE EAST LINE OF NORTH BROAD STREET N 12°34'00" W THROUGH AN IRON PIN FOUND AT 129.97', A TOTAL DISTANCE OF 137.26' TO A POINT IN THE CENTER OF VACATED SHIPMAN ALLEY; THENCE LEAVING THE EAST LINE OF NORTH BROAD STREET N 76°41'14" E A DISTANCE OF 111.91' TO A POINT; THENCE WITH A NEW LINE S 13°18'46" E A DISTANCE OF 137.18' TO A POINT; THENCE S 76°39'00" W A DISTANCE OF 113.69' TO A POINT ON THE EAST LINE OF NORTH BROAD STREET; WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 15,478 SQUARE FEET, 0.355 ACRES AND BEING IN THE CITY OF SALEM, VIRGINIA. AG - Agriculture District BCD - Business Commerce District CBD - C ommuni ty Business District CUD - C ollege/U niversity District DBD - D owntow n Business District HBD - H ighway Business District HBD/HM - Highw ay Business/Heavy Manufacturing District HBD/LM - Highw ay Business/Li ght Manufacturing District HM - Heavy Manufactur ing Distr ict LM - Light Manufacturing District LM/HM - Light M anufacturing/Heavy Manufacturing District MHP - M anufactured Home Par k 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 u l a n e y s A l l e y D u l a n e y s A l l e y N o r t h B r o a d S t r e e t R e d L a n e N o r t h M a r k e t S t r e e t M c C l u n g S t r e e t C o l l e g e A l l e y T r u s t e e s o f R o a n o k e C o l l e g e , P B 1 0 , P G 1 9 R o a n o k e C o l l e g e , P B 1 1 , P G 1 9 1 2 3 4 1 2 3 4A 5A 5B B 6 A 2 1 2 2 6B 1 1 5 0 4 0 3 0 5 5 1 6 2 0 3 0 1 6 1 6 1 4 1 6 Roanoke College Roanoke College Roanoke College Roanoke College City of Salem Roanoke College Roanoke College City of Salem 1 4 ' S h i p m a n A l l e y V a c a t e d b y R e s o l u t i o n N o . 1 0 6 2 , d a t e d 9 /2 2 /0 5 Roanoke College 3 6 1 2 3 4 5 6 6.1 17 18 19 20 21 22 23 1 1.1 2 3 15 16 17 18 1 1 1 6.1 7 5 - 7 31.77 31.47 8 4 . 0 0 6 3 .6 8 1 2 7 . 0 0 2 3 5 .1 6 2 3 5 .1 6 2 4 2 . 4 0 1 3 6 . 0 5 2 0 3 . 4 0 2 0 3 . 4 0 3 4 8 . 0 0 1 1 4 . 5 7 2 8 7 . 1 8 2 8 7 . 1 8 3 4 8 . 0 0 1 7 7 .0 0 1 5 5 .8 8 1 4 6 .4 5 1 2 2 . 5 8 1 3 7 . 0 4 1 3 6 .3 8 2 3 7 .4 6 5 0 . 0 0 5 0 . 0 0 5 5 . 0 0 9 0 . 0 0 1 1 0 . 0 0 1 3 7 . 0 0 1 1 2 . 0 0 1 0 0 . 5 0 1 0 0 . 0 0 1 0 0 . 0 0 1 0 0 . 0 0 1 3 1 . 0 0 1 3 2 . 0 0 1 0 0 . 0 0 5 5 . 0 0 6 5 . 0 0 5 5 . 0 0 2 6 4 .0 0 1 2 5 .0 0 2 0 0 .0 0 2 6 4 .0 0 3 3 6 .0 0 1 6 2 .0 0 1 0 2 .0 0 1 8 0 .0 0 2 6 4 .0 0 2 6 4 .0 0 2 6 4 .0 0 29 2.0 0 2 6 5 .9 8 2 6 4 .0 0 2 6 5 .9 8 2 6 4 .0 0 1 4 2 .9 4 2 6 4 .0 0 1 0 0 . 0 0 1 0 0 . 0 0 1 3 1 . 0 0 1 3 2 . 0 0 5 5 . 0 0 6 5 . 0 0 8 6 . 0 0 7 0 . 0 0 8 5 . 0 0 1 1 9 . 0 0 5 0 . 0 0 5 5 . 0 0 5 0 . 0 0 9 0 . 0 0 1 1 0 . 0 0 2 3 8 . 2 0 2 0 0 .0 0 2 0 0 .0 0 2 0 0 .0 0 2 0 0 .0 0 2 0 0 .0 0 2 8 9 .1 0 6 5.0 0 7 0 .0 0 2 6 4 .0 0 1 2 5 .0 0 2 0 0 .0 0 3 0 9 .8 3 1 0 5 .0 0 1 7 9 .0 0 1 2 7 .0 0 1 3 3 . 0 5 1 0 3 . 4 0 1 0 0 . 0 0 2 0 3 . 4 0 2 4 2 .8 5 2 5 0 .0 0 2 6 5 .1 2 7 0 . 4 6 2 5 8 .0 0 2 5 3 .7 6 2 0 3 . 4 0 6 4 . 0 0 3 3 7 .9 7 2 7 3 4 1 2 5 3 3 0 3 1 9 - 3 0 5 2 0 3 2 4 3 2 0 3 1 6 3 1 2 3 0 6 2 2 0 2 1 2 2 0 2 3 1 3 2 2 3 2 3 3 1 1 7 , 1 1 9 , 1 2 1 3 3 5 2 0 3 - 2 0 5 - 2 0 7 - 2 0 9 - 2 1 1 2 1 3 2 0 1 3 2 7 3 1 9 3 0 7 3 0 1 2 3 2 2 3 5 - 2 2 1 - 2 1 9 2 2 6 2 4 7 1.547 Ac. 1.86 Ac. 1.19 Ac. 1.006 Ac. 0 100 20050 Feet±1 inch = 90 fee t AUGUST 2021 PLANNING COMMISSION ITEM 4B232 NORTH BROAD ST. CITY OF SALEM Community Development DepartmentP.O. Box 869Salem, Virginia 24153-0869Phone: (540) 375-3032 Tax Parcel 87-7-7 Buildings Parcels City Limits Comme rcia l Dow ntown Econo mic De velopme nt A rea In dus trial In stitutio na l Mixed Use Public Pa rks and R ecre atio na l Reside ntia l Tran sitio nal Ta x Parcel 87-7 -7 Bu ildings Pa rce ls City Limits Item # 6C Date: 08/23/2021 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: August 23, 2021 AGENDA ITEM: Consider setting date for a public hearing in accordance with Section 22.1-29.1 of the Code of Virginia 1950, as amended, regarding the expiration of terms for Nancy Bradley and Teresa Sizemore- Hernandez. SUBMITTED BY: Jay Taliaferro, City Manager SUMMARY OF INFORMATION: The current terms for School Board members Nancy Bradley and Teresa Sizemore- Hernandez expire on December 31, 2021. Per the Code of Virginia, Council must hold a public hearing to receive the views of citizen within the school division at least seven days prior to any appointment. No nominee or applicant whose name has not been considered at a public hearing shall be appointed as a School Board member. Pending Council direction to set the public hearing date for the September 13, 2021 regular City Council meeting (or an alternate meeting date if Council elects), the City will provide public notice of this date and request interested applicants submit a letter of interest and resume to the office of the Clerk of Council for consideration and naming at the public hearing. STAFF RECOMMENDATION: Staff recommends Council set a public hearing on the appointment of school board members for September 13, 2021 during the regular Council meeting, provide public notice, and accept letters of interest and resumes from interested applicants for naming at this public hearing. Code of Virginia Title 22.1. Education Chapter 5. School Boards; Selection, Qualification and Salaries of Members Article 1. General Provisions § 22.1-29.1. Public hearing before appointment of school boardmembers At least seven days prior to the appointment of any school board member pursuant to the provisions of this chapter, of §§ 15.2-410, 15.2-531, 15.2-627 or § 15.2-837, or of any municipal charter, the appointing authority shall hold one or more public hearings to receive the views of citizens within the school division. The appointing authority shall cause public notice to be given at least ten days prior to any hearing by publication in a newspaper having a general circulation within the school division. No nominee or applicant whose name has not been considered at a public hearing shall be appointed as a school board member. 1985, c. 423; 1987, c. 430. The chapters of the acts of assembly referenced in the historical citation at the end of this section(s) may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. 1 8/17/2021 12:00:00 AM Item #6D Date: 08/23/2021 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: August 23, 2021 AGENDA ITEM: Adjustment to Purchasing Limits SUBMITTED BY: Rosemarie B. Jordan, Director of Finance SUMMARY OF INFORMATION: The Virginia Public Procurement Act (VPPA) permits the City of Salem to establish small purchase procedures not requiring the use of competitive sealed bidding or competitive negotiation for single or term contracts. The current limit for small purchases requires different quotations if the purchase is between $2,000 and $40,000. The City requests to increase this limit to be more in line with other localities. The change would allow for the following categories of small purchases: SUMMARY OF PURCHASING TYPES AND REQUIREMENTS ANTICIPATED COST OR TYPE QUOTATIONS REQUIRED FORMAL BIDS OR PROPOSALS REQUIRED Under $5,000 No No $5,001 to $75,000 3 Written No $75,001 or Over Must be Advertised 3 Written Yes Emergency No No Exempt Purchases No No Sole Source No No STAFF RECOMMENDATION: It is staff’s recommendation that City Council adopt Resolution 1406 updating the small purchases limits as described above, effective upon passage. IN THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, August 23, 2021: RESOLUTION 1406 WHEREAS, the Virginia Public Procurement Act (Section 11-35, et seq. of the 1950 Code of Virginia, as amended) provides for public policies and requirements pertaining to governmental procurement from both tax sources and nongovernmental sources; and WHEREAS, the Council of the City of Salem has previously adopted a formal, written purchasing policy, in full and complete compliance with the requirements of the said Virginia Public Procurement Act; and WHEREAS, the Council of the City of Salem, Virginia, wishes to revise its purchasing policy; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, THAT the Purchasing Policy and Small Purchases Procedure, Article 6, attached hereto and made a part hereof, are hereby adopted as the official Purchasing Policy of the City of Salem, Virginia, and shall become effective August 23, 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 – Renee F. Turk – ATTEST: H. Robert Light Clerk of Council ARTICLE 6: GENERAL CONDITIONS FOR PURCHASES POLICY 6000 ESTABLISHMENT OF SMALL PURCHASES POLICY The Virginia Public Procurement Act (VPPA) permits the City to establish small purchase procedures, not requiring the use of competitive sealed bidding or competitive negotiation for single or term contracts if the aggregate or sum of all phases is not expected to exceed $75,000, however, such small purchase procedures shall provide for competition whenever practicable (Code of Virginia, §2.2-4303G). The following small purchase procedures have been established by the City for use when acquiring materials, supplies, equipment, printing or nonprofessional services under $75,000. 6001 TYPES OF PURCHASES AND PROCEDURE Purchases not exceeding $75,000, usually may be made using the small purchase procedures. Small purchases generally do not justify the administrative time and expense necessary to conduct competitive formal bidding or competitive negotiation. All purchases require the completion of a purchase order by the individual authorizing the purchase or the Purchasing Department. For purchases over $5,000 departments shall solicit at least three written quotations, and keep the information gathered with the purchase order as backup documentation. Departments shall not reveal quotations to competing vendors prior to award. Departments must not circumvent competitive procurement requirements by fragmenting orders for like goods or services so that they fall within the dollar limits established for small purchases as stated below: 6002 FIVE TYPES OF SMALL PURCHASES 1. Purchases under $5,000 in value 2. Purchases between $5,001 and $75,000 in value 3. Emergency purchases 4. Purchases exempt by VPPA 5. Sole Source SUMMARY OF PURCHASING TYPES AND REQUIREMENTS ANTICIPATED COST OR TYPE QUOTATIONS REQUIRED FORMAL BIDS OR PROPOSALS REQUIRED Under $5,000 No No $5,001 to $75,000 3 Written No $75,001 or Over Must be Advertised 3 Written Yes Emergency No No Exempt Purchases No No Sole Source No No SMALL PURCHASE PROCEDURES SMALL PURCHASE PROCESS *NOTE: Use Purchasing Card Method for purchase of recurring, frequent Maintenance, Repair and Operating (MRO) supplies/services. START Purchase Requirement Identified $5,000 or Less $5,001 to $75,001 or Over FORMAL WRITTEN BIDS (must be advertised) 3 WRITTEN QUOTES AS APPROPRIATE: a. Purchasing Card process* END 6003 PURCHASES DEFINED PURCHASES UNDER $5,000 IN VALUE - Purchases in this group require no quotations by the using Department. The $5,000 applies to the total of all items purchased on an invoice (not the value of the individual item). PURCHASES BETWEEN $5,001 AND $75,000 IN VALUE - Purchases of this type should be accomplished primarily by the using department, with the assistance of the Purchasing Department as required. The total value of all items purchased should not exceed $75,000. For purchases of this type at least three (3) quotations are required and may be obtained as an written or fax quotation. The Department Director may at his/her option, request that the purchase be made by the Purchasing Department. If this is the case, then the same procedures as those in the next group should be followed. PURCHASES OVER $75,001 IN VALUE - Purchases which fall in this category are likely to be of two types: Capital Equipment or Operational Purchases. All purchases falling into these classifications require formal bids or proposals be received. Capital Equipment purchases will usually require formal sealed bids. Department Directors will be required to assist the Purchasing Department in the development of formal specifications for the needed items or services and they should allow the proper lead time in their planning. COMPETITIVE NEGOTIATION (FOR GOODS AND NONPROFESSONAL SERVICES) Competitive negotiation may be the procurement method used for goods and nonprofessional services when it is not practicable or fiscally advantageous to use competitive sealed bidding. This method of procurement requires the issuance of a Request for Proposal (RFP) that describes in general terms the requirement, the factors that will be used to evaluate the proposal, the City General Terms and Conditions, plus any special conditions including unique capabilities or qualifications that will be required. 6004 EMERGENCY PURCHASES: CRITERIA: Under certain circumstances emergency purchases are necessary to serve the best interests of the City and its citizens. An emergency shall be deemed to exist, when a breakdown in an essential service occurs or under any other circumstances when supplies are needed for immediate use which could not be anticipated and may vitally affect the safety, health, or welfare of the citizens of the City of Salem. An emergency will also occur as a result of needing parts or labor for unanticipated and unforeseeable repairs to equipment, which must be kept in operating order. The designated authorized departmental representative shall purchase directly any supplies or services needed to meet the existing emergency. The use of emergency purchases for failure to anticipate and plan according to normal needs is inappropriate. Abuse of emergency purchases will be reported by the Purchasing Agent to the City Manager. PROCEDURES: Any department which purchases a service or commodity under this section must inform the Purchasing Department using the “Emergency Purchase Authorization Form” (see attached form) and on the Purchase Order under vendor notes. Attach form with full justification to purchase order. CITY OF SALEM EMERGENCY PURCHASE AUTHORIZATION FORM Date: __________________________ Department: _______________________ Division: ________________________ Contact:_____________________________ Phone:____________________________ VendorName:________________________Cost: $______________________________ Material or Services Purchased: _______________-_____________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ NATURE OF THE EMERGENCY: Date & Time: ____________________________________________________________ ______ Threat to terminate essential services: ______ Threat to public safety, health or welfare: Briefly explain circumstances: _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ Signed: ______________________________ (Signature of Department Director or Designee) 6005 EXCEPTIONS TO SMALL PURCHASING PROCEDURES: A. Professional Services B. Building Contracts C. Purchase of Property D. Dues, Subscriptions and Memberships E. Travel and Training Expenses F. Utility Charges and Services G. Books, Magazines and Periodicals H. Insurance I. Personnel Services (Anyone to whom a salary or fee is paid) J. Postage and Other Mailing Fees K. Fringe Benefits L. Other as may be determined from time to time by Purchasing Agent 6006 SOLE SOURCE PURCHASES GENERAL: The City Code allows for exemption from the competitive process when a written determination has been made by the Purchasing Agent or Department Director that there is only one source practicably available to supply a good or service. SOLE SOURCE PROCEDURES: A. CRITERIA. The following are the criteria used for determining sole source: 1. The Vendor is the original equipment manufacturer and there are no regional distributors; 2. The parts or equipment requested are not interchangeable with similar parts or equipment available from another manufacturer; 3. No other equipment is available that will meet the specialized needs of the department or perform the intended function; or 4. Detailed justification is available which establishes beyond a doubt that the Vendor is the only source practicably available to provide the item or service required. B. PROCEDURES. The following procedures shall be used: 1. Complete the Sole Source Justification Form (see attached sample); 2. Submit a copy to the Purchasing Department for review and approval. This form must include documentation or justification to support the determination of Sole Source; 3. Attach the Sole Source Justification Form and any other documentation as an attachment when entering into New World for approval of purchase. CITY OF SALEM SOLE SOURCE JUSTIFICATION FORM Date:_____________________________ Department:________________________________ Division:___________________________ Contact: ___________________________________ Vendor Name:________________________________________ Cost:$__________________ SOLE SOURCE JUSTIFICATION ***INITIAL ALL ENTRIES THAT APPLY*** 1._____Vendor is the original equipment manufacturer; there are no regional distributors. 2._____The parts/equipment are not interchangeable with similar parts of another manufacturer. 3._____This is the only equipment that meets the specialized needs of the department and performs the intended function. 4._____Detailed justification is available which establishes that the Vendor is the only source practicably available to provide the item or service required (attach details). By signing below, I recommend that competitive procurement be waived, and that the service or material on the attached PO be purchased as a sole source. Signed: _________________________________________ (Signature of Department Director or Designee) Approved: _________________________________________ Purchasing If applicable, attach additional justification information to this form. 6007 SPECIFICATIONS DEFINITION The term, “specification,” refers to that portion of a solicitation that describes the characteristics of a commodity or service required by a using department/agency. It is used interchangeably with the terms, “purchase description,” “purchase specification,” “purchase requirement,” “scope of work” and “statement of work”. A specification may include requirements for samples, prototypes, inspection, testing, warranty and packaging. The specification portion of a solicitation should not contain bidding instructions, contractual terms and conditions, delivery, pricing formats or similar material. AUTHORITY FOR SPECIFICATIONS The City Code gives the Purchasing Agent the authority and responsibility for specifications. Since the purpose of a specification is to translate a user’s need into the delivery of a good or service, the development of specifications must be a cooperative effort between the using department and Purchasing. However, prior to release of a specification as part of a solicitation, the Purchasing Agent must be satisfied that it will result in a fair and equitable competitive procurement. When Purchasing and the using department disagree on a specification and cannot resolve the difference, the Director of Finance shall arbitrate. Final appeal shall be to the City Manager. TYPES OF SPECIFICATIONS There are several types of specifications. The development, selection and use of a particular type is dependent on the situation, time, information available and needs of the user. A. PERFORMANCE SPECIFICATIONS: Performance specifications are preferred since they communicate what a product is to do, rather than how it is to be built. Performance specifications should include if applicable: 1. A general description: 2. Required performance characteristics (minimum/maximum) to include speed, storage, production capacity, usage, ability to perform a specific function; 3. Operational requirements, such as limitations on environment, water or air cooling, electrical requirements; 4. Site preparation requirements for which the contractor will be responsible, such as electricity, plumbing, or for which the City will be responsible; 5. Compatibility requirements with existing equipment or programs; 6. Conversion requirements for maintaining a current equipment or system until switching to the new equipment or system; 7. Installation requirements; 8. Delivery date; 9. Maintenance requirements; 10. Supplies and parts requirements; 11. Quantity and method of pricing; 12. Warranty; 13. Service location and response time. B. DESIGN SPECIFICATIONS: Design specifications employ dimensional and other physical requirements and concentrate on how a product is fabricated, rather than on what it should do. Design specifications are normally prepared by architects and engineers for construction or custom manufactured products. Components of a design specifications include the following: 1. Dimensions, tolerances and specific manufacturing or construction processes; 2. References to a manufacturer’s brand name or model number; and 3. Use of drawings and other detailed instructions to describe the product. C. BRAND NAME OR EQUAL: When a specification mentions a manufacturer’s brand name or model number, it shall also include the words, “or equivalent”. In this regard, “or equivalent” is interpreted to mean, substantially equal and capable of performing the essential functions of the referenced brand name or model.” Identify in the requisition any specific features of the referenced brand that must be met. D. SCOPE OF WORK FOR SERVICES: The following is an outline of the types of information that should be included in a scope of work for procurement of professional or other services: 1. General Requirements. Describe the contractor’s responsibility to provide a service or produce a specific study, design or report for the using department. 2. Specific Requirements. Address the specific tasks, sub-tasks, parameters and limitations which must be considered in producing the service or final project. Such factors as the following should be included: a) Details minimum or desired qualifications; b) Amount of service needed; c) Location of service; d) Definition of service unit; e) Time limitations; f) Travel regulations or restrictions; g) Special equipment required; h) Other factors affecting working environments. 3. City Provided Materials or Services. List any plans, reports, statistics, space, personnel, or other City provided items that must be used by the contractor. 4. Deliverables, Reports and Delivery Dates. Identify the specific delivery dates for all documentation or other products the contractor must furnish. Be clear about the expectations of the City for the contractor’s performance. SPECIFICATION “DO’S” AND “DON’TS” A. DO’S 1. Use the words, “shall, must or will,” to describe a command or mandatory requirements; 2. Provide as much information as possible; 3. Provide a description of functional, performance or technical characteristics as appropriate; 4. Be specific and detailed in presenting mandatory requirements. B. DON’TS 1. Assume the Purchasing Department or Vendors are familiar with all your needs; 2. Provide information to any potential bidder during bidding process. All bidders must be notified in writing of any changes or interpretations, all bidders must receive the same information; 3. Copy specifications verbatim from a vendor’s publication; 4. Present something as mandatory if it is really only optional; 5. Write specifications or scope of work that restrict response to a single bidder/offeror; 6. Place bid/proposal administrative or contractual terms in the specification portion of the document. PREPARATION AND REVIEW OF SPECIFICATIONS Departments are responsible for the first draft of specifications to be submitted to Purchasing. Lengthy and complex specifications should be submitted to Purchasing via Microsoft Word. Establish a due date and time that will allow sufficient time for potential bidders to seek clarification and for the issuance of an addendum, if necessary. The due date shall not be less than 10 days from the issue date of the ITB. After Purchasing has reviewed the specifications and attached the standard terms and conditions, the Department will be forwarded a draft for final review. CONFERENCE/SITE VISITS All pre-bid conferences and/or site visits shall be mentioned in both the ITB and any advertisement. If attendance at such a conference or site visit is a prerequisite for bidding, the public notice period shall be long enough to provide adequate opportunity for potential bidders to obtain a copy of the ITB and attend. Mandatory pre-bid conferences scheduled during a period of suspended City business operations should be rescheduled by the purchasing agent with a date and time which will permit proper notification to all potentially interested participants. Any changes in the requirements of the solicitation must be made by written addendum. The due date for receipt of bids should not be less than 7 days after the issue date of the addendum. FOLLOWING ITEMS SHOULD BE CONSIDERED WHEN DEVELOPING THE SOLICITATION: 1. AVAILABILITY OF FUNDS – Funds to support a procurement solicitation must be available. If funds are limited, the file should contain a statement of dollar amount that cannot be exceeded, to ensure that a buyer does not make an award in excess of the funds available. 2. TAXES - The City of Salem and Salem City Public Schools are exempt from State Sales Tax and Federal Excise Tax. The City of Salem Finance Department upon request shall furnish tax Exemption Certificate. The City’s Federal Tax ID number is 54-6001593. This tax-exempt status does not transfer to the contractor for any taxes associated with the work under this contract. The contractor will pay all sales, consumer, use, and other similar taxes required by the law of the place where the work is performed. 3. PROMPT PAYMENT DISCOUNT – If there is a certainty that payment can be made with a specified period, then a solicitation may be issued including a provision that discounts offered for prompt payment will be considered in determining the low bid. The provision should establish a minimum number of days that the City will consider; e.g., prompt payment discounts for less than 30 days will be considered. 4. LICENSING - Bidders are required under the Virginia Contractors' licensing law (title 54, Chapter 11) to show evidence of appropriate license before bid may be awarded. Bidder shall place on the envelope containing bid the following: Virginia License Number __________. 5. PERMITS - The successful bidder agrees to obtain all permits necessary for the work to be performed under any contract resulting from this bid. 6. PERFORMANCE PERIOD – The performance period stated in the contract must include a starting and ending date, or the contract period must be for a specific period of time after a starting point; e.g., 120 days after date of award. If an option to renew the contract for an additional period is desired, the option must be stated in the solicitation. 7. BONDS – For the procurement of goods or services other than construction, for any dollar amount, consider if bid or performance and payment bonds are necessary to protect the City’s interest. • Bidders must submit with bid a cashiers’ check, certified check or bidders bond payable to the City of Salem. • If personal bonding is desired such as financial or security service, the requirement should be stated in the solicitation. • For construction contracts in excess of $100,000, a bid bond or performance and payment bonds are required. 8. INSIDE DELIVERY – If inside delivery is required, the solicitation should so state. Consider specifying access requirements, e.g., elevator, loading dock, stairwell limitations. 9. SAMPLES/DEMONSTRATION – If samples or demonstration models are required, the type, quantity, size, place, and time for submission must be stated in the solicitation. 10. TECHNICAL DATA – If technical data will be required for evaluation, the solicitation should specify when and where the data should be submitted. 11. WARRANTY – If a warranty is required, specify the type and minimum warranty period in the solicitation. 12. PERFORMANCE BOND - The successful bidder shall execute a performance and payment bond for not less than 100% of the amount of the contract award and shall furnish same to the Purchasing Agent within 10 days of notice of intent to award contract. Such bond shall guarantee faithful performance by the contractor and indemnify the City from all claims from subcontractors for any amount due on account of labor, materials or services furnished. No contract shall be binding upon the City until such bond has been filed with the City. 13. CANCELLATION CLAUSE – If the solicitation will result in a term contract this clause should be included. 14. LIQUIDATED DAMAGES – If time and delivery are critical, it may be necessary to include a provision for liquidated damages. The basis for the amount of liquidated damages assessed must be supportable and reasonable, considering the service or goods being purchased and the impact of delay on the City. A liquidated damages clause is not to be used as a penalty but as a means to access for damages which may be incurred by late delivery. 15. OWNERSHIP OF DOCUMENTS – If the contract will result in the production of plans, camera ready copy, art work, or any other material that has been paid for by the City and is required for subsequent or future production, then the appropriate special clause should be used in the solicitation to ensure ownership and retention by the City. 16. INSURANCE - The City will not be responsible for injury or damage incurred during performance of this service and/or contract. The vendor shall file with the City certificates of policies of workers compensation, public liability, automobile liability (including non-ownership and hired vehicles liability) and property damage insurance satisfactory to the City in compliance with the law in form and amount sufficient properly to protect the City. All insurance required by this agreement shall be and remain in full force and effect for the entire life of the contract and the City shall be named as an additional insured under such insurance contracts which shall contain a stipulation that the insurance provided shall not terminate, lapse or otherwise expire prior to ten (10) days written notice to that effect given by the insurance carrier to the City and that the insurance carrier will not invoke the defense of performance of a governmental function by the party of the first part in performing this contract to defeat liability or recovery under the insurance contract. The party of the first part will provide the City with a certificate of insurance from the insurance carrier to the effect that the insurance has been provided as set forth in and required by this section. Workers compensation insurance shall comply with the requirements of the laws of the Commonwealth of Virginia. Public liability insurance and automobile liability insurance each shall be in an amount not less than $1,000,000, for injuries including wrongful death to any one person and not less than $500,000, for injuries including wrongful death resulting from any one occurrence. Property damage insurance shall be in an amount not less than $1,000,000. No contract shall be binding upon the City until the certificate of insurance or policies called for herein has been filed with the City and all have been approved as to form and sufficiency by the City. 17. HOLD HARMLESS - The successful bidder shall agree to indemnify and hold harmless the City and all of its officers, agents, and employees from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons or property by or from the said successful bidder or by or in consequence of any neglect in safeguarding the work, or through the use of unacceptable materials in the construction of improvements, or by or on account of any act or omission, neglect, misconduct or negligence of the successful bidder. 6008 BIDDING METHODS Competition is not required for orders (invoices) less than $5,000 in value. Competitive bidding is the preferred means of procurement. There are two (2) basic means of bidding, governed primarily by dollar amount and available time. The two (2) methods are written quotation and formal sealed bid, as defined below: WRITTEN QUOTATION: A written solicitation must be sent to at least three vendors with a specified reply date. All quotes received after the date and time are non-responsive and are not considered for award. Requires written specifications for goods or services requested. Used for purchases in value between $5,001 and $75,000. Requires adequate time for preparation of specifications, sending quote, receipt, evaluation and award. FORMAL OR COMPETITIVE SEALED BIDDING: Competitive sealed bidding is the preferred method for acquiring goods, printing, and nonprofessional services for public use when the estimated cost is over $75,000. It is mandatory that all bids over $75,000 must be advertised (ex.: The Roanoke Times) and cannot be due for at least 10 days after bid was advertised. The goods or services to be procured when using this method must be capable of being described so that bids submitted by potential vendors can be evaluated against this description in the Invitation to Bid (ITB) and an award made to the lowest responsive and responsible bidder. Competitive sealed bidding includes the issuance of a written ITB containing the specifications or scope of work/purchase description and the contractual terms and conditions applicable to the procurement. The requirements set forth in the ITB may include special qualifications required of potential contractors, life cycle costing, value analysis, and any other criteria such as testing, quality, workmanship, delivery and suitability for a particular purpose which may help in determining acceptability. ITBs must describe the requirements accurately and completely. Unnecessarily restrictive specifications or terms and conditions that unduly limit competition must be avoided. Bidders names are not announced until the opening. Requires adequate time for preparation of specifications, sending formal bid, receipt, evaluation and award, generally 30 to 45 days. In addition to the public notice, bids are to be solicited directly from potential bidders. In the competitive sealed bid process, bids are publicly opened and read aloud. The bids are evaluated based upon the requirements set forth in the ITB, and an award is made to the lowest responsive/responsible bidder. COMPETITIVE SEALED BID PROCESS For Goods and Non-professional Services (Over $75,000) Establish what is needed, where quantity etc. Prepare cost estimate to assess whether sealed or unsealed bids are to be solicited. The estimate is the dollar value for the initial contract period including the aggregate sum of all phases and possible renewal periods. Determine appropriate lead times, level of purpose authority, site visit or pre-bid conference, the type of specs or scope-of-work necessary, etc. ITB should include statement of purpose, scope-of-work/description of items, specifications, general and/or special terms and conditions any appropriate or applicable requirements, method of payment, pricing schedule. Identify and solicit valid sources; this should be expanded to include minority and/or women- owned businesses, if available. Post notice of procurement. Required if value is over $100,000. Conferences should not be mandatory unless the procurement is so complex that conference attendance is necessary to understand the requirements. ITB addenda may be issued as necessary or appropriate. Publicly open bids at date and time specified in ITB. Tabulate bids-Prepare tabulation form with vendors solicited, prices, item/service descriptions, etc. Determine responsiveness-Assess all bids to determine ability to comply with the ITB, the terms and conditions, other requirements, or any other factor that may make bid nonresponsive. Evaluate bids and determine responsibility-evaluate all responsive bids in accordance with evaluation procedures outlined in the ITB to determine the low bidder. Award is made to lowest responsive and responsible bidder. Recommended if a protest or challenge is anticipated. If used ensure 10-day posting period requirement is met. Obtain certificate from vendor, if specified in ITB, and/or you wish to verify coverage. Issue award document. Initiate necessary or appropriate measures to begin contract administration phase of procurement. START DETERMINE PLAN the PREPARE ITB ISSUE CONDUCT PRE-BID CONF. and/or SITE RECEIVE BIDS EVALUATE BIDS NOTICE of INTENT to AWARD CERTIFICATE of INSURANCE AWARD CONTRACT POST AWARD A. NEGOTIATION WITH THE LOWEST RESPONSIBLE BIDDER If the bid from the lowest responsible bidder exceeds available funds, the department may negotiate with the apparent low bidder to obtain a contract price within available funds if the solicitation contains the appropriate clause in Appendix B, II, (Code of Virginia, §2.2-4318). This clause shall not be used as a matter of routine. If the buyer decides to negotiate in such circumstances, the decision must be documented in writing in advance of the negotiations. Otherwise, unless canceled or rejected, a responsive bid from the lowest responsible bidder shall be accepted as submitted. “Available funds” are those budgeted by the department for the requirement and designated as such prior to the issuance of the ITB. The purpose of this provision is not to force a bidder to take a lower price but rather to negotiate an acceptable change in requirements, including price, that is agreeable to both parties. Negotiations might include an extended delivery date, reduced quantity, different accessories, etc., with a corresponding reduction in price. B. PREPARATION AND ISSUANCE OF ITBs 1. After Purchasing has reviewed the specifications and attached its standard terms and conditions, the using Department will be forwarded a draft for final review. 2. Establish a due date and time that will allow sufficient time for potential bidders to seek clarification and for the issuance of an addendum, if necessary. The due date shall not be less than 10 days from the issue date of the ITB. 3. Scope. Specify in detail the materials, equipment, and supplies to be furnished or the scope of work to be performed by the contractor, including or incorporating by reference the specifications, drawings and contractual terms and conditions applicable to the procurement. 4. Verify. Review the ITB Solicitation to assure that all requirements applicable to the procurement have been met. 5. Sources. Mail copies of the ITB to at least four potential sources. This should be expanded to include minority and/or women-owned businesses, if available. If fewer than the required number of sources are solicited, the reasons must be documented in writing and placed in the purchase file. C. EXEMPTIONS TO BIDDING: Exemptions to competitive bidding are specified by law and are the exception. No contract is binding on the City if it does not have a purchase order, is not signed by either the City Manager or the Purchasing Agent or City Manager Designee, in writing, by the City Manager to sign contracts on the City's behalf. 6009 BIDS GENERAL CONDITIONS END A. BID DATA SHEET FORM 1. Bid shall be submitted on the designated form, with blank spaces properly completed. (See Attached Bid Data Sheet Form) 2. Bid shall be signed in longhand on the bid form, along with the typed name of the person authorized to bind the bidder to a contract. Bid must be signed in order to be considered responsive. 3. If the bidder is a corporation, bid must be signed with the legal name of the corporation and the signature of a person authorized to bind a corporation to a contract. B. QUESTIONS 1. Any questions about specifications shall be submitted in writing to the Purchasing Department by the due date for questions in bid or proposal document. 2. Necessary replies will be sent to all bidders of record as an addendum which becomes part of the bid package. 3. Oral instructions do not become a part of the bidding instrument. C. SUBMITTAL OF BIDS 1. Bids shall include all costs as described and indicated by the specifications. Unit price will prevail. 2. Bids should be submitted in a sealed envelope with the outside of the envelope marked or labeled with bid title as noted in the Invitation to Bid. 3. It is the sole responsibility of the bidder to have his bid submitted at the place and by the time shown on the bid form. Bids received after this time will not be considered and will be returned to the bidder unopened. 4. Telephone or FAX bids are not acceptable, unless requested in invitation to bid or quote. 5. After three (3) consecutive "no responses" in any given commodity/service classification, the City reserves the right to remove the company from the bid list for that commodity/service. D. CONDITIONS OF BIDS 1. Each bidder is responsible to inform himself fully of the conditions relating to the project. Failure to do so will not relieve a successful bidder of his obligation to perform as per the provisions of the contract. 2. After the bid opening, all bids submitted shall be good and may not be withdrawn for a period of (90) calendar days unless otherwise specified by bidder. 3. The procedure for bid withdrawal shall be stated as follows: The bidder shall submit to the Purchasing Department his original work papers, documents, and materials used in the preparation of the bid within two (2) days after the date fixed for opening of bids. The work papers shall be delivered by the bidder in person or by registered mail. Such mistake shall be proved only from the original work papers, document, and materials delivered as required. 4. Specifications or certain brand names used are considered to be a minimum for acceptance by the City of Salem. Alternate bids are acceptable only if alternate is equal to or better than the specified. The City will be the sole body to determine acceptable alternative/equality. 5. Bidders shall include manufacturer's name, make, model number, and any warranties where applicable. 6. The City may require more complete detailed specifications on items quoted or samples prior to bid award, at no expense to the City. If not destroyed or used during testing, samples will be returned at the bidder's request and expense. CITY OF SALEM PURCHASING DEPARTMENT 114 NORTH BROAD STREET P.O. BOX 869 SALEM, VA 24153 PHONE (540) 375-3063 FAX (540) 375-4057 DATE: XXX BIDS WILL BE RECEIVED BY THE CITY OF SALEM IN THE PURCHASING DEPARTMENT, LOCATED AT 114 NORTH BROAD STREET, P.O. BOX 869, SALEM, VIRGINIA 24153. ANY QUESTIONS CONCERNING THIS INVITATION TO BID (ITB) SHOULD BE DIRECTED TO XXX, BUYER AT (540) 375-3063 OR BY EMAIL AT XXX. INVITATION TO BID #: XXX BID DESCRIPTION: XXX DATE AND TIME BID DUE: XXX TO BE CONSIDERED, RETURN ONE (1) ORIGINAL AND ONE (1) COPY, IN A SEALED ENVELOPE, CLEARLY MARKED “ATTN: PURCHASING DEPARTMENT - ITB # XXX” WITH YOUR COMPANY NAME AND THE DATE/TIME BID IS DUE. ANY BID RECEIVED AFTER THE ABOVE DATE AND TIME FOR SUBMITTAL, WHETHER BY MAIL OR OTHERWISE, WILL BE REJECTED AND SUCH BID SHALL BE RETURNED TO THE BIDDER UNOPENED. FAXED OR EMAILED BIDS ARE NOT ACCEPTABLE. AWARD WILL BE MADE IN THE BEST INTEREST OF THE CITY OF SALEM, THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS, TO WAIVE INFORMALITIES, AND TO PURCHASE ANY PART OF, OR THE WHOLE OF, THE ITEMS AND/OR SERVICES LISTED IN THIS INVITATION TO BID. NO BID MAY BE WITHDRAWN AFTER OPENING EXCEPT FOR CLERICAL ERRORS, AS SET FORTH IN SECTION 2.2-4330 OF THE VIRGINIA CODE. BIDDER MUST GIVE THE CITY A NOTICE IN WRITING OF THE REQUEST TO WITHDRAW A BID WITHIN TWO (2) BUSINESS DAYS AFTER THE CONCLUSION OF THE BID OPENING. ALL BIDS SHALL BE F.O.B. SALEM, VIRGINIA, AND SHALL INCLUDE THE EARLIEST DELIVERY DATE. TERMS ARE NET 30 UNLESS OTHERWISE STATED IN THIS INVITATION TO BID. THE CITY OF SALEM DOES NOT DISCRIMINATE AGAINST FAITH BASED ORGANIZATIONS. BIDDER ACKNOWLEDGMENT & DATA SHEET DATE: LEGAL NAME OF BUSINESS (PRINT): ADDRESS: AUTHORIZED SIGNATURE: PRINT OR TYPE AUTHORIZED SIGNATURE NAME & TITLE: PHONE NUMBER: FAX NUMBER: EMAIL ADDRESS: VA CONTRACTOR’S LICENSE #: VIRGINIA STATE CORPORATION COMMISSION (SCC) ID #: BUSINESS LICENSE #: BY SIGNING THIS INVITATION TO BID (ITB), THE BIDDER ACKNOWLEDGES THAT HE/SHE FULLY UNDERSTANDS THIS ITB AND THAT IT MEETS OR EXCEEDS ALL SPECIFICATIONS LISTED OR REFERENCED. E. RECEIPT Bids shall be received until the date and time specified in the ITB. Bids are then publicly opened and read aloud. Late bids shall not be considered and will be returned to the bidder unopened. F. OPENING. After bid opening, each bid is evaluated to determine if it is responsive to the ITB. The responsive bids are then evaluated according to the criteria and/or evaluation procedure described in the ITB to determine which is the lowest. G. EVALUATION. The lowest responsive bidder is then evaluated to determine if the firm is responsible. H. REJECTION OF BIDS The City may reject a bid if: 1. The bidder misstates or conceals any material fact in the bid, or if, 2. The bid does not strictly conform to the law or the requirement of the bid, or if, 3. The bid documents are in any respect incomplete, or if, 4. The bid is conditional, except that the bidder may qualify his/her bid for acceptance by the City on an "All or None" basis or a "low item" basis. An "All or None" basis bid must include all items upon which bids are invited. I. AWARD OF CONTRACT 1. No contract is binding on the City if it does not have a purchase order, is not signed by either the City Manager, or the Purchasing Agent, or by someone authorized, in writing, by the City Manager to sign contracts on the City’s behalf. 2. The contract will be awarded to the lowest responsible and responsive bidder whose bid, conforming to the contract documents, is most advantageous to the City, considering price and any other evaluation criteria set forth in the bid documents. 3. In the case of a tie bid, please refer to Section 2032 in Article 2 of this manual. 4. Prices must be quoted F.O.B. City of Salem with all transportation charges prepaid, unless otherwise specified elsewhere in the "Invitation to Bid." 5. Where the bid involves the furnishing of separate items or groups of items, the City reserves the right to make partial awards to different bidders for certain items or groups of items of the bid unless bidder qualifies his bid otherwise. 6. In the case of an award of a bid or cancellation of a contract in which the low bidder is declared non-responsive or non-responsible, the lowest remaining bid shall be deemed low bid. 7. Competitive Negotiation projects will be solicited by Requests for Proposals and awarded in accordance. 8. Some bid invitations request that pricing be submitted for multiple years. Unless otherwise indicated in the bid specifications, bid will be awarded based on first year bid prices only. The City reserves the right to exercise contracts for subsequent years as an option based upon appropriation of funds, current needs, and service record of the vendor. J. CANCELLATION OF BIDS or CONTRACTS 1. The City reserves the right to cancel the "Invitation to Bid," and to reject any or all bids in whole or in part whenever the Purchasing Agent or designee determines that such action is in the best interest of the City. The City may also waive any minor informalities or irregularities in any bid where such action serves the City's best interest. The reason for the cancellation shall be made part of the bid file. 2. Either party to a contract agreement shall have the right of cancellation, with or without reason, by serving notice on the other party, in writing of such intent to cancel the entire contract at least 30 days prior to any such proposed cancellation date. K. BID ADDENDUM Any addendum issued by the City must be signed by a authorized person. The addendum becomes a part of the bid package and supersedes original specifications that are changed by the addendum. L. ETHICS By submitting their signed bids/proposals, all Bidders/Offerors certify that their bids/proposals are made without collusion or fraud and that they have not offered or received any kickback or inducements from any other bidder/offeror, supplier, manufacturer or subcontractor in connection with their bid/proposal, and that they have not conferred on any City employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged. 6010 COMPETITIVE NEGOTIATION (FOR GOODS AND NONPROFESSIONAL SERVICES). The Virginia Public Procurement Act (VPPA) requires the use of competitive negotiation for the procurement of all professional services. Competitive negotiation may be the procurement method used for goods and nonprofessional services when it is not practicable or fiscally advantageous to use competitive sealed bidding. (SEE SECTION 7001 COMPETITIVE NEGOTIATION.) 6011 BIDDERS LIST The City Bidders List is compiled with the current data from all vendors who have requested to receive solicitations for specific commodities. In some cases due to the large number of vendors listed for goods or services, it may be necessary to restrict the number of vendors solicited from the Bidders List. Purchasing shall maintain a current list of qualified bidders for goods, services, insurance and construction required by the City. The bidders list is compiled from various sources including: 1. Bidders’ request submitted in letter form 2. Vendors previously used 3. Catalogs 4. Trade journals 6012 ELECTRONIC PURCHASE ORDERS All purchases over $5,000 must be entered into New World prior to any goods and services being purchased or received. Purchase orders issued by the New World Purchase Order process will be approved and distributed as outlined in the Financial Management System instructions attached. 6013 VENDOR AND CITY RELATIONSHIP The City welcomes visits to its departments by current and prospective vendors. In order that the staff and vendors may schedule their time most productively, vendors are advised to make appointments with department directors before visiting. It is the responsibility of the Purchasing Department to establish a relationship of mutual confidence and satisfaction between the City and its vendors. It is, therefore, necessary that the Purchasing Department be aware of all transactions that are conducted between the City and its suppliers. Vendors provide valuable information when developing and evaluating purchasing requirements. Assistance provided by vendors is considered normal sales practice, but care must be taken to ensure that no vendor should receive preferential treatment in a competitive bid program because of such assistance. Departments are cautioned that commitments cannot be made which would lead a vendor to believe that they will subsequently receive an order. No special consideration should be shown to local vendors. However, in determining the "lowest responsible bidder," consideration should be given to purchase price, availability and cost of parts and service, transportation costs, availability of technical assistance and any other potential costs which may be associated with the purchase. 6014 AVAILABILITY OF FUNDS Before any purchase in excess of $5,000.00 is made, the Purchasing Department, or Department shall determine the availability of sufficient funds to cover this purchase. If funds are unavailable, the Department may transfer funds from one line item account to another within the same department. 6015 PROCUREMENT REVIEW The Purchasing Department is responsible for reviewing specifications and sources of supply, and the requesting department and the Purchasing Department will jointly be responsible for developing a list of acceptable vendors for a specific product or service. Departments may not alter specifications without discussion with the Purchasing Department. Review of purchasing procedures includes, but not limited to: 1. "Sole source" and "emergency" purchases 2. Purchase of goods where quality seems to be greater or less than required 3. Request or purchases where materials seem inconsistent with requirements 4. Request or purchases that do not conform to City standards 5. Purchases without proper authorization 6. Purchases without obtaining necessary quotes 6016 SURPLUS PROPERTY DISPOSAL Disposal of surplus property using sealed bids or public auction such as gov deals. Public auction platform must be used for disposal of surplus.