HomeMy WebLinkAbout6/14/2021 - City Council - Agenda -RegularCity Council Meeting
A G E N D A
Monday, June 14, 2021, 6:30 PM
Andrew L ewis Middle School Auditorium, 616 S. College Avenue, Salem, Virginia 24153
1.Call to Order
2.Pledge of Allegiance
3.Bid Openings, Awards, Recognitions
4.Consent Agenda
A.Citizen Comments
Comments from the public, limited to five minutes, on matters not on the regular meeting agenda.
T he following have signed up to speak at this meeting:
1) J ohn Breen, 142 Bogey Lane
2) Kevin Bell, 419 N. Market Street
3) Les Eary, 2821 Simms Circle
B.Minutes
Consider the acceptance of the minutes for the May 24, 2021 Regular Meeting.
5.Old Business
A.Amendment to City Code
Consider ordinance on second reading amending Chapter 66, Article I In
General, Section 66-9, Article III Construction Location, Division 1 Generally, Section 66-
73, Article IV Permitted Signs by Use and District, Section 66-107, and Article V Definitions,
Section 66-151, of the C O D E O F T HE C IT Y OF S A LEM, VIRG IN IA pertaining to signs.
(Approved on first reading at the May 24, 2021 meeting.)
B.Amendment to City Code
Consider ordinance on second reading amending Chapter 106, Zoning, Article II District
Regulations, Sections 106-204.3(B)1, 106-208.3(B)1, 106-213.3(B)1 pertaining to single-family
dwellings; Article III Use & Design Standards, Section 106-304.5(B)(D) pertaining to home
occupations, Section 106-308 pertaining to office uses, Article IV Development Standards, Section
106-404.11(A)(E) pertaining to parking, Article V Administration, Sections 106-504(A), 106-514,
106-518 pertaining to zoning permits, enforcement, and civil penalties and Article VI, Definitions
and Use Types, Section 106-602, Use Types, Section 106-602.5 Civic Use Types and 106-602.7
Office Use Types, pertaining to guidance services, medical offices/clinic, and outpatient mental
health and substance abuse clinics of the C OD E OF T HE C IT Y O F SALEM, VIRG IN IA.
(Approved on first reading at the May 24, 2021 meeting.)
C.Amendment to City Code
Consider ordinance on second reading amending Chapter 18, Article II, Building Code, Section 18-
38, Amendments, and Article VII, Historic Structures, Section 18-657, Maintenance of
historic buildings, pertaining to the Virginia Uniform Statewide Building C ode, and the maintenance
of historic structures of T HE C O D E OF T HE C IT Y O F SA LEM. (Approved on first reading at
the May 24, 2021 meeting).
D.Amendment to City Code
Consider ordinance on second reading to amend, revise, and reordain Chapter 94,
Vegetation, pertaining to nuisances of T HE C O DE O F T HE C IT Y O F SA LEM. (Approved as
amended on first reading at the May 24, 2021 meeting).
E.Budget Ordinance
Consider ordinance on second reading adopting the budget for the 2021-2022 fiscal year.
F.Budget Appropriation Ordinance
Consider ordinance on second reading appropriating funds for the 2021-2022 fiscal year budget.
6.New Business
A.Resolution for Wayne Strickland
Consider the adoption of Resolution 1401 honoring the service and career of Wayne G. Strickland
on his retirement as Executive Director of the Roanoke Valley-Alleghany Regional C ommission.
B.Appointment of a School B oard Member
Consider the appointment of a School Board position to fill the remaining term expiring December
31, 2021 of Dr. Michael Chiglinsky.
C.Appropriation of F unds
Consider request to appropriate additional highway maintenance funding from the state for various
projects. Audit - Finance C ommittee
D.Appropriation of F unds
Consider request to amend the School Operating Fund Budget as approved by the School Board on
J une 8, 2021. Audit - Finance Committee
E.Simms F arm Section 1
Consider setting bond for physical improvements and erosion and sediment control for Simms Farm
Section 1. Audit - Finance C ommittee
F.Boards and Commissions
Consider appointments to various boards and commissions.
7.Adjournment
OP EB Trust Board - Local Finance Meeting, J une 10, 2021, 3:00 p.m., City Manager's Conference Room
Audit Finance Committee M eeting, J une 10, 4:00 p.m., City Manager's Conference Room, 114 N. Broad Street, Salem
There will be no Work Session for the J une 14, 20 21 meeting.
City Council Meeting
MINUTES
Monday, May 24, 2021, 6:30 PM
Community Room, Salem Civic Center, 1001 Roanoke Boulevard, Salem, Virginia
24153
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; Council members: Byron Randolph
Foley, William D. Jones, and John Saunders; with Renée Ferris Turk, Mayor,
presiding together with James E. Taliaferro, II, City Manager; Crystal Williams,
Assistant to the City Manager; Rosemarie B. Jordan, Director of Finance; Chuck
Van Allman, Director of Community Development; Mike Stevens, Director of
Communications; and Jim Guynn, City Attorney.
2.Pledge of Allegiance
3.Bid Openings, Awards, Recognitions
There were none.
4.Consent Agenda
A.Minutes
Consider the acceptance of the minutes for the May 3, 2021 Budget Work Session;
May 4, 2021 Budget Work Session; and May 10, 2021 Work Session and Regular
Meeting,
The May 3, 2021 Budget Work Session, May 4, 2021 Budget Work Session, and
May 10, 2021 Work Session and Regular meeting minutes were approved as
written.
B.Financial Reports
Consider acceptance of the Statement of Revenues and Expenses for the ten
months ending April 30, 2021.
The financial reports were received.
5.Old Business
Item 4B
6-14-21
6. New Business
A. Salem City School Board
Hold a public hearing and receive views of citizens and candidates regarding the
appointment to fill the unexpired term of Michael Chiglinsky (As advertised in the
May 14, 2021 issue of The Roanoke Times.)
Mayor Turk expressed tribute to Michael Chiglinsky as a public servant, friend, and
member of the School Board. She then opened the public hearing and noted that
Council had received four applications from Teresa Sizemore-Hernandez, Joshua
Kier, Jim Ruhland, and Sally Southard.
Teresa Sizemore-Hernandez, 309 Orchard Street, was the first applicant to speak.
She began by taking a moment to remember Dr. Chiglinsky and stated that he was a
great example of a public servant and that no-one could fill his shoes. She informed
the School Board that her thoughts and prayers were with them in this loss. She
continued to share some memories and connect with members of the School Board
personally. Ms. Sizemore-Hernandez stated that she did not feel that change should
be the focus and that she is here to provide a different perspective. She stated that
she wants to work with the current Schoolboard to continue the mission to provide a
loving, engaging environment that inspires children to reach their full potential. She
spoke of her background as a Salem graduate as well as the fact that she is a parent
of three boys that have either graduated from or are current students in the Salem
School Division. She spoke of the impact of various positions in the School
System on the education of the students. Ms. Sizemore said that she would provide
a voice for the underserved. She stated that she is proud that Salem continues the
vision "Children first, every child, every day." She shared how her experience with
her own children in the school system as well as her professional experience would
benefit her in the role as a member of the School Board. She thanked City Council
for their time and confidence in her and stated that "her goal is to simply enhance the
current School Board, to continue to love, engage, and inspire."
Jim Ruhland, 496 Deer Run Circle, was the second applicant to speak before
Council. He expressed sadness also at the death of Dr. Chiglinsky. He spoke of
many opportunities to serve and to learn about school boards and school board
management and to work with superintendents across the Country. He served on the
Botetourt School Board for nineteen years. He stated that his philosophy of public
education is that "it is the responsibility of the school board to provide an education
in a safe environment for each K-12 student to maximize their intellectual abilities."
He also said that each school division must be "fine-tuned for the community in
which they serve." Mr. Ruhland served as President of the Virginia School Board
Association and traveled during that period to visit many schools across the state.
He then served as President of the National School Board Association. He spoke
of his experience during this time and the importance of school boards working with
boards of supervisors and city councils for the money they need to survive. From
there he worked with the National Association of School Superintendents and
traveled with them for 12 years to see what other countries had. Mr. Ruhland gave
his educational and professional history and stated that he felt he could bring a
wealth of knowledge to the remaining School Board members. He stated that his
goal is to serve this School Board and work with Dr. Seibert and his staff for the
remainder of this calendar year to give the Council the opportunity to find a
candidate that they would like to serve on the next term.
Mayor Turk explained the two positions that will be coming open for School Board
and how the process will work.
Sally Southard, 118 Parr Drive, was the third applicant to speak. She stated that her
"previous 16 years as a Salem City School Board member, 14 of those years as
Chair" make her "the logical candidate for this six-month term." Her "38 years of
pediatric nursing will provide part of what Dr. Chiglinsky contributed to the School
Board regarding childhood growth and development." She expressed that she would
be able to step in with a much easier transition because of her prior experience to
fill this position until a new member can be appointed to take office in January
2022. Ms. Southard spoke of the time that is required to develop comfort and
knowledge in making decisions that are part of this position. She wishes to "assist
the current School Board in continuing to love, engage, and inspire."
Macel Janoschka, 200 Bentwood Court, spoke in support of Teresa Sizemore-
Hernandez. She recalls that this is the third time that Teresa has applied for a
position with the Salem School Board, and she feels that she should be appointed.
She gave details of experiences that she has had in working with Teresa on PTA and
the leadership that she has seen Ms. Sizemore-Hernandez demonstrate. She stated
that Teresa is "the definition of a servant leader. She is focused on the growth and
well-being of the people she serves." She also spoke on the diversity of the voice
that Ms. Hernandez would add to the Board, both as a parent and through her
professional experience.
Julie Parsons,1104 Christy Circle, spoke next. She also spoke in support of Teresa
Sizemore-Hernandez. She voiced the need for a parent of Salem City Schools on
the School Board. Ms. Parsons spoke on the true passion for the children and the
deep appreciation for the employees of Salem City Schools that Ms. Sizemore-
Hernandez has. She ended by commenting that Teresa would be the best candidate
to reach all segments of the Salem population.
Steve Belanger, 952 Kenbridge Place, was the last to speak before Council. He
also spoke in support of Teresa Sizemore-Hernandez. He has worked with Ms.
Sizemore-Hernandez on many committees and boards in Salem and his children
have gone through the Salem School System as well. He stated that "you would not
find a more dedicated and passionate person than Teresa." He also spoke on her
attention to detail and the drive that she would bring to the Board.
No additional candidates submitted applications during the public hearing. Mayor
Turk closed the public hearing. She thanked each of the applicants and the citizens
that came forward to speak. She stated that each of the candidates would be
contacted for interviews. She explained that no appointment would be made at this
meeting because, according to Virginia State Code, at least seven days must have
passed from the date of the public hearing before appointment may be made. She
explained again that this position will have to be filled again as well as one other
one at the end of the six-month period.
B.Special Exception Permit
Hold public hearing to consider the request of Scott A. Boggs, property owner, for
the issuance of a Special Exception Permit to allow retail sales on the property
located at 407 East Burwell Street (Tax Map # 120-1-5). (As advertised in the May
6 and 13, 2021 issues of the Salem Times-Register. Recommend approval; See
Page 3 of Planning Commission minutes). STAFF REPORT
Mayor Turk opened the public hearing.
Scott A. Boggs, property owner, 407 East Burwell Street, appeared before Council.
He stated that he purchased the property originally in December as a rental office
space. He would like to get a zoning permit to open a fly-fishing shop at this
property. He shared the details of how this business would involve the community
and that they also planned to offer an outfitter service that would provide
excursions. Mayor Turk asked if the company had an online presence and Mr.
Boggs responded that this was the next step in his plans.
There were no further questions or speakers, and Mayor Turk closed the
public hearing.
Randy Foley motioned to approve the request of Scott A. Boggs, property owner,
for the issuance of a Special Exception Permit to allow retail sales on the property
located at 407 East Burwell Street (Tax Map # 120-1-5). William Jones seconded
the motion.
Ayes: Foley, Jones, Saunders, Turk, Wallace
C.Amendment to City Code - Chapter 66
Hold public hearing and consider ordinance on first reading amending Chapter 66,
Article I In General, Section 66-9, Article III Construction Location, Division 1
Generally, Section 66-73, Article IV Permitted Signs by Use and District,
Section 66-107, and Article V Definitions, Section 66-151, of the CODE OF THE
CITY OF SALEM, VIRGINIA pertaining to signs. (As advertised in the May 6
and 13, 2021 issues of the Salem Times-Register. Recommend approval; see Page
2 of Planning Commission minutes from April 14, 2021 meeting). STAFF
REPORT
Mayor Turk stated that these changes pertained to information that Council had
been made aware of and that they had met with the Zoning Department and the
Planning Commission over the past six months in preparation for making these
amendments.
Mayor Turk opened the public hearing. Mary Ellen Wines, Zoning Administrator,
21 S. Bruffey Street, gave a summary of the changes included in this amendment.
There were no other speakers or questions. Mayor Turk closed the public hearing.
James Wallace motioned to adopt the ordinance on first reading amending Chapter
66, Article I In General, Section 66-9, Article III Construction Location, Division 1
Generally, Section 66-73, Article IV Permitted Signs by Use and District, Section
66-107, and Article V Definitions, Section 66-151, of the CODE OF THE CITY
OF SALEM, VIRGINIA pertaining to signs. John Saunders seconded the motion.
Ayes: Foley, Jones, Saunders, Turk, Wallace
D.Amendment to City Code - Chapter 106
Hold public hearing and consider ordinance on first reading amending Chapter 106,
Zoning, Article II District Regulations, Sections 106-204.3(B)1, 106-208.3(B)1,
106-213.3(B)1 pertaining to single-family dwellings; Article III Use & Design
Standards, Section 106-304.5(B)(D) pertaining to home occupations, Section 106-
308 pertaining to office uses, Article IV Development Standards, Section 106-
404.11(A)(E) pertaining to parking, Article V Administration, Sections 106-504(A),
106-514, 106-518 pertaining to zoning permits, enforcement, and civil penalties and
Article VI, Definitions and Use Types, Section 106-602, Use Types, Section 106-
602.5 Civic Use Types and 106-602.7 Office Use Types, pertaining to guidance
services, medical offices/clinic, and outpatient mental health and substance abuse
clinics of the CODE OF THE CITY OF SALEM, VIRGINIA. (As advertised in
the May 6 and 13, 2021 issues of the Salem Times-Register. Recommend approval;
see Page 4 of April 14, 2021 and Page 5 of May 12, 2021 Planning Commission
minutes). STAFF REPORT
Mayor Turk opened the public hearing. Mary Ellen Wines, Zoning Administrator,
21 S. Bruffey Street, gave an explanation of the changes included in this
amendment.
Les Eary, 2128 Simms Circle, asked if this particular amendment has anything to do
with Airbnb’s or short-term rentals. He received the response that this was not
related to that subject. There were no other speakers or questions. Mayor Turk
closed the public hearing.
James Wallace motioned to adopt the ordinance on first reading amending Chapter
106, Zoning, Article II District Regulations, Sections 106-204.3(B)1, 106-
208.3(B)1, 106-213.3(B)1 pertaining to single-family dwellings; Article III Use &
Design Standards, Section 106-304.5(B)(D) pertaining to home occupations,
Section 106-308 pertaining to office uses, Article IV Development Standards,
Section 106-404.11(A)(E) pertaining to parking, Article V Administration, Sections
106-504(A), 106-514, 106-518 pertaining to zoning permits, enforcement, and civil
penalties and Article VI, Definitions and Use Types, Section 106-602, Use Types,
Section 106-602.5 Civic Use Types and 106-602.7 Office Use Types, pertaining to
guidance services, medical offices/clinic, and outpatient mental health and substance
abuse clinics of the CODE OF THE CITY OF SALEM, VIRGINIA. Randy
Foley seconded the motion.
Ayes: Foley, Jones, Saunders, Turk, Wallace
E.Amendment to City Code - Chapter 18
Consider ordinance on first reading amending Chapter 18, Article II, Building Code,
Section 18-38, Amendments, and Article VII, Historic Structures, Section 18-657,
Maintenance of historic buildings, pertaining to the Virginia Uniform Statewide
Building Code, and the maintenance of historic structures of THE CODE OF THE
CITY OF SALEM. Recommend approval. STAFF REPORT
Mary Ellen Wines, Zoning Administrator, 21 S. Bruffey Street, gave details on the
changes included in this amendment.
James Wallace motioned to adopt the ordinance on first reading amending Chapter
18, Article II, Building Code, Section 18-38, Amendments, and Article VII, Historic
Structures, Section 18-657, Maintenance of historic buildings, pertaining to the
Virginia Uniform Statewide Building Code, and the maintenance of historic
structures of THE CODE OF THE CITY OF SALEM. Randy Foley seconded the
motion.
Ayes: Foley, Jones, Saunders, Turk, Wallace
F.Amendment to City Code - Chapter 94
Consider ordinance on first reading to amend, revise, and reordain Chapter 94,
Vegetation, pertaining to nuisances of THE CODE OF THE CITY OF SALEM.
Recommend approval. STAFF REPORT
Mr. Wallace requested to amend the wording from "any person aggrieved may
report..." to "any person may report..."
Mary Ellen Wines, Zoning Administrator, 21 S. Bruffey Street, gave details on the
changes included in this amendment.
Mr. Foley asked if it was staff's preference to amend this wording and was
responded to in the affirmative.
James Wallace motioned to adopt the ordinance on first reading to amend, revise,
and reordain Chapter 94, Vegetation, pertaining to nuisances of THE CODE OF
THE CITY OF SALEM, to include the change requested. John Saunders
seconded the motion.
Ayes: Foley, Jones, Saunders, Turk, Wallace
G.Proposed Real Estate Tax Rate for Fiscal Year 2021-2022
Hold a public hearing on the effective real estate tax rate for fiscal year 2021-2022.
City Manager Taliaferro stated that the proposed rates for the Fiscal Year 22 budget
remain the same as the current year, $1.20 per $100 of assessed value. State Code
requires that a public hearing be held anytime the total taxes collected increases by
more than one percent.
Mayor Turk opened the public hearing. There were no questions or discussion.
Mayor Turk closed the public hearing.
H.Tax Rates Resolution
Consider adoption of Resolution 1395, a resolution imposing taxes on real estate,
tangible personal property, machinery and tools, and all legal subjects of taxation for
City purposes, including the property of railroad, express, telephone, telegraph,
water, heat (gas), light and power companies. Audit - Finance Committee
James Wallace motioned to adopt Resolution 1395, a resolution imposing taxes on
real estate, tangible personal property, machinery and tools, and all legal subjects of
taxation for City purposes, including the property of railroad, express, telephone,
telegraph, water, heat (gas), light and power companies. Randy Foley seconded the
motion.
Ayes: Foley, Jones, Saunders, Turk, Wallace
I.Approval of Electric Rates
Consider adoption of Resolution 1396 amending the Book of Electric Rates. Audit
-Finance Committee
James Wallace motioned to adopt Resolution 1396 amending the Book of Electric
Rates. John Saunders seconded the motion.
Ayes: Foley, Jones, Saunders, Turk, Wallace
J.Book of Rates - 2021
Consider the adoption of Resolution 1393 regarding the Book of Rates for
2021. Audit-Finance Committee
James Wallace motioned to adopt Resolution 1393 regarding the Book of Rates for
2021. Randy Foley seconded the motion.
Ayes: Foley, Jones, Saunders, Turk, Wallace
K.Miscellaneous Fees - 2021
Consider the adoption of Resolution 1394 related to Miscellaneous Fees for
2021. Audit-Finance Committee
James Wallace motioned to adopt Resolution 1394 related to Miscellaneous Fees
for 2021. John Saunders seconded the motion.
Ayes: Foley, Jones, Saunders, Turk, Wallace
L.Job Classes and Pay Ranges 2021-2022
Consider adoption of Resolution 1398 amending the schematic list of job classes
and pay ranges previously set forth on June 8, 2020 to be part of the 2021-2022
fiscal year budget. Audit - Finance Committee
James Wallace motioned to adopt Resolution 1398 amending the schematic list of
job classes and pay ranges previously set forth on June 8, 2020 to be part of the
2021-2022 fiscal year budget. John Saunders seconded the motion.
Ayes: Foley, Jones, Saunders, Turk, Wallace
M.Proposed Budget for Fiscal Year 2021-2022
Hold a public hearing on the proposed budget for fiscal year 2021-2022.
Mayor Turk opened the public hearing. There were not any citizens to speak and
there were no questions. Mayor Turk closed the public hearing.
N.Salem School Division Budget
Consider adoption of Resolution 1397 approving the Salem School Division fiscal
year 2021-2022 budget. Audit - Finance Committee
James Wallace motioned to adopt Resolution 1397 approving the Salem School
Division fiscal year 2021 -2022 budget. Randy Foley seconded the motion.
Ayes: Foley, Jones, Saunders, Turk, Wallace
O.Presentation of the Annual Budget for 2021-2022
Consider an ordinance on first reading adopting the budget for fiscal year 2021-
2022. A summary of the proposed budget was advertised in the Salem- Times
Register on May 13, 2021. Audit - Finance Committee
James Wallace motioned to adopt ordinance on first reading adopting the budget for
fiscal year 2021-2022. John Saunders seconded the motion.
Ayes: Foley, Jones, Saunders, Turk, Wallace
P.Budget Appropriation Ordinance
Consider ordinance on first reading appropriating funds for the fiscal year 2021-
2022 budget. Audit - Finance Committee
James Wallace motioned to adopt ordinance on first reading appropriating funds for
the fiscal year 2021-2022 budget. Randy Foley seconded the motion.
Ayes: Foley, Jones, Saunders, Turk, Wallace
Q.Appropriation of Funds
Consider request to appropriate grant funds received from Community Foundation
Serving Western Virginia. Audit - Finance Committee
James Wallace motioned to appropriate $10,000 in grant revenue received from
Community Foundation Serving Western Virginia to the Senior Center. John
Saunders seconded the motion.
Ayes: Foley, Jones, Saunders, Turk, Wallace
R.Appropriation of Funds
Consider request to appropriate proceeds from the sale of equipment. Audit -
Finance Committee
Mayor Turk commented that it was impressive that the Streets Department had been
able to acquire these funds from the sale of a truck.
James Wallace motioned to appropriate revenue of $19,665 to Sale of Equipment
account and increase the expenditure budget for Machinery & Equipment account
by $19,665. Randy Foley seconded the motion.
Ayes: Foley, Jones, Saunders, Turk, Wallace
S.Moyer Project
Authorize the City Manager to finalize and execute a contract for the Moyer
project.
City Manager Taliaferro clarified that this is the contract with LOSE Designs, the
consultants that have the design for the Moyer project. The amount of the contract
for the core services is $837,000 with additional services for surveying and stream
delineation for environmental reasons, if necessary. The total cost of those two
items is $33,500. He stated that they are relatively certain that the $31,000 for
surveying will be necessary. He further explained that this would be for the design
of the three tiers that had been previously discussed and that it does not obligate
City Council to build all three. That decision will not have to be made until this
winter.
Randy Foley motioned to authorize the City Manager to finalize and execute a
contract for the Moyer project. William Jones seconded the motion.
Ayes: Foley, Jones, Saunders, Turk, Wallace
T.Salem High School Forensics Team
Consider the adoption of Resolution 1399 honoring the Salem High School
Forensics Team for winning the Virginia High School League Class 4 State
Championship.
Mayor Turk stated that there would be a recognition event on Tuesday, May 25,
2021 to honor both the Forensics team and the Football team for their championship
wins. She read Resolution 1399 for Council.
James Wallace motioned to adopt Resolution 1399 honoring the Salem High School
Forensics Team for winning the Virginia High School League Class 4 State
Championship. Randy Foley seconded the motion.
Ayes: Foley, Jones, Saunders, Turk, Wallace
U.Salem High School Football Team
Consider the adoption of Resolution 1400 honoring the Salem Football team for
winning the 2021 Virginia High School League Class 4 Spring State Championship.
Mayor Turk read Resolution 1400 for Council.
William Jones motioned to adopt Resolution 1400 honoring the Salem Football
team for winning the 2021 Virginia High School League Class 4 Spring State
Championship. Randy Foley seconded the motion.
Ayes: Foley, Jones, Saunders, Turk, Wallace
7.Closed Session
A.Closed Session Item A
Hold a closed session pursuant to section 2.2-3711 (A) (3) of the 1950 Code of
Virginia as amended to discuss or consider the acquisition of real property for a
public purpose, or the disposition of publicly held real property, where
discussion in an open meeting would adversely affect the bargaining position or
negotiating strategy of the public body, specifically the disposition of real
property.
B.Closed Session Item B
Hold a closed session pursuant to section 2.2-3711 (A) (6) of the 1950 Code of
Virginia as amended to discuss or consider the investment of public funds where
competition or bargaining is involved, where, if made public initially, the
financial interest of the governmental unit would be adversely affected.
James Wallace motioned that in accordance with section 2.2-3711 (A) (3) and (A)
(6) of the 1950 Code of Virginia as amended, Council hereby convenes to closed
session at 7:46 p.m. for the purpose of discussing the following specific matters:
(1)to discuss or consider the acquisition of real property for a public purpose, or
the disposition of publicly held real property, where discussion in an open meeting
would adversely affect the bargaining position or negotiating strategy of the public
body, specifically the disposition of real property.
(2)to discuss or consider the investment of public funds where competition or
bargaining is involved, where, if made public initially, the financial interest of the
governmental unit would be adversely affected. Randy Foley seconded the motion.
Ayes: Foley, Jones, Saunders, Turk, Wallace
James Wallace motioned to reconvene at 8:15 p. m. in accordance with Section 2.2-
3712 D. of the Code of Virginia, 1950 as amended to date, Council certifies that in
closed session only items lawfully exempted from open meeting requirements under
the Virginia Freedom of Information Act and only such items identified in the motion
by which the closed session was convened were heard, discussed, or considered by
the Council. Randy Foley seconded the motion.
Ayes: Foley, Jones, Saunders, Turk, Wallace
8.Adjournment
The meeting was adjourned at 8:16 p.m.
Item 5A
6-14-21
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA
HELD AT ANDREW LEWIS MIDDLE SCHOOL AUDITORIUM
MEETING DATE: June 14, 2021
AGENDA ITEM: Consider ordinance on second reading amending Chapter 66,
Article I, In General, Section 66-9, Article III, Construction
Location, Division 1, Generally, Section 66-73, Article IV
Permitted Signs by Use and District, Section 66-107, and Article
V, Definitions, Section 66-151, of the CODE OF THE CITY OF
SALEM, VIRGINIA pertaining to signs. Advertised in the May 6
and 13, 2021 issues of the Salem Times-Register. Approved on
first reading at the May 24, 2021 Council meeting.
SUBMITTED BY: Mary Ellen Wines, Zoning Administrator
SUMMARY OF INFORMATION:
The maintenance of property has become an increasingly problematic issue. This includes
the maintenance of signs. The code changes included in this item are to support the transition
from a reactionary violation system to a more proactive system. These changes address
abandoned signs, neglected signs and overall maintenance.
SUMMARY OF PROPOSED CHANGES;
ARTICLE I - IN GENERAL
SECTION 66-9: Removal of Signs: requires abandoned signs after 60 days to be covered or
paint the face blank.
ARTICLE III. - CONSTRUCTION LOCATION
SECTION 66-73: Sign Materials and Construction: requires that signs are kept in good repair.
Deterioration by neglect is prohibited.
ARTICLE IV -PERMITTED SIGNS
SECTION 66-107: Prohibited Signs: adds neglected signs to the prohibited list.
ARTICLE V - DEFINITIONS
SECTION 66-151: Definitions: amends definition of abandoned to 60 days and adds the
definition for neglected sign.
This was approved at the Planning Commission meeting on April 14, 2021.
STAFF RECOMMENDATION:
Staff is continuously reviewing City Code and recommends making these changes to keep it
up to date and applicable.
AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 66, SIGNS, ARTICLE I IN
GENERAL, SECTION 66-9, ARTICLE III CONSTRUCTION LOCATION, DIVISION 1 GENERALLY,
SECTION 66-73, ARTICLE IV PERMITTED SIGNS BY USE AND DISTRICT, SECTION 66-107, AND
ARTICLE V DEFINITIONS, SECTION 66-151, OF THE CODE OF THE CITY OF SALEM, VIRGINIA
PERTAINING TO SIGNS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that Section 66-9, Article I,
Section 66-73, Article III, Section 66-107, Article IV, and Section 66-151, Article V, Chapter 66 of The Code
of the City of Salem, Virginia, be amended, revised, and reordained to read as follows:
CHAPTER 66
SIGNS
ARTICLE I IN GENERAL
Sec. 66-5. - Unsafe signs and signs maintained in violation of chapter.
B. Signs in violation of this chapter—Penalty and enforcement.
1. Any violation of the requirements of this chapter shall be unlawful and any person convicted of such violation shall be guilty
of a misdemeanor punishable by a fine of not less than $10.00 nor more than $1,000.00.
2. In lieu of criminal prosecution for violations of any provision of this chapter, the city may impose a civil penalty against any
person who violates any provision of this chapter as follows:
a. For the first offense, violators shall receive a written warning by the city manager or his designee.
b. For the second offense, the violators shall be fined $50.00, by written notice.
c. For the third and each subsequent offense, violators shall be fined $100.00 per sign per day the violation remains, the
fine to be imposed by written notice and the sign may be removed by the city manager or his designee.
d. Fines shall be chargeable to the owner of the sign or premises and may be collected as taxes and levies are collected.
e. Should the city have cause to remove the sign all costs incurred shall be chargeable to the owner of the sign or premises
and may be collected as taxes and levies are collected.
f. Every cost authorized by this section with which the owner of the premises shall have been assessed shall constitute a
lien against the property from which the sign was removed, the lien to continue until actual payment of such cost shall
have been made.
Sec. 66-7. - Nonconforming signs.
A. Signs legally in existence at the time of the adoption of this chapter, which do not conform to the requirements of this chapter, shall
be considered nonconforming signs.
1. Electronic sign settings not meeting the regulations herein shall not be considered nonconforming since the settings may be
easily altered.
2. The burden of establishing nonconforming status of signs and of the physical characteristics/location of such signs shall be
that of the owner of the property. Upon notice from the city manager, or his designee, a property owner shall submit
verification that sign(s) were lawfully existing at time of construction. Failure to provide such verification shall be cause for
order to remove sign(s) or bring sign(s) into compliance with the current ordinance.
3. To determine the legal status of existing signs in each of the cases listed in section 66-7(B), the applicant shall submit the
following information to the city manager or his designee:
a. Type(s) of existing sign(s) located on the property.
b. The area and height of all signs.
c. For freestanding signs, the distance between the curbline or shoulder and the nearest portion of the sign. A certified plat
may be required.
d. Type of sign illumination.
e. The electronic capabilities of the sign.
f. The material of which the sign is constructed.
g. The building frontage.
h. The control method for glare and brightness.
B. All permanent signs and sign structures shall be brought into conformance with the sign regulations when and if the following
occurs:
1. The sign is removed, relocated, or significantly altered. Significant alterations include changes in the height, size or dimension
of the sign. Changes to the sign copy or the replacement of a sign face on a nonconforming sign shall not be considered a
significant alteration. Moving a window sign to another location within or to another window shall be considered a relocated
sign.
2. If less than 50 percent of the sign area is destroyed or damaged, it may be restored within two years after such destruction or
damage but shall not be enlarged in any manner.
3. If more than 50 percent of the sign area is destroyed or damaged, it shall not be reconstructed but may be replaced with a sign
that is in full accordance with the provisions of this chapter.
4. An alteration in the structure of a sign support.
5. A change in the mechanical facilities or type of illumination.
6. A change in the material of the sign face.
7. The property on which the nonconforming sign is located submits a subdivision or land development application or site plan
requiring city review and approval.
8. The property on which the nonconforming sign is located submits an application for an amendment to the zoning ordinance
requiring the review and approval of city council.
9. Discontinued use. If any nonconforming sign or any use to which such a sign applies is discontinued for a period exceeding
two years, it shall then be made to conform with the requirements of this chapter or removed. In addition, a nonconforming
sign structure shall be removed by the owner or lessee of the property. If the owner or lessee fails to remove the sign structure,
the city manager, or his designee, shall give the owner 15 days' written notice to remove it. Upon failure to comply with this
notice, the city manager, or his designee, may enter the property upon which the sign is located and remove any such sign or
may initiate such action as may be necessary to gain compliance with this provision. The cost of such removal shall be
chargeable to the property owner and may be collected as taxes and levies.
10. Nothing in this section shall be deemed to prevent keeping in good repair a nonconforming sign. Nonconforming signs shall
not be extended or structurally reconstructured or altered in any manner, except a sign face may be changed so long as the
new face is equal to or reduced in height and/or sign area. The material of the sign face shall not be changed.
C. Prior to the events listed in section 66-7(B), nonconforming signs may be repainted or repaired up to 50 percent of the replacement
cost of the sign, the sign copy may be changed, and sign faces may be replaced provided that these actions do not increase the
dimensions of the existing sign, and do not in any way increase the extent of the sign's nonconformity.
D. Nonconforming signs shall be exempt from the provisions of section 66-7, if the nonconforming sign possesses documented
historic value, and has met the requirements and has been approved in accordance with section 66-13.
E. All electronic signs must be programmed so as to conform to the regulations of this chapter.
Sec. 66-9. - Removal of sign no longer advertising existing bona fide business.
Whenever any sign no longer advertises an existing bona fide business, service or product manufactured on a premise,
and such business, service or product has not been located or been available on the premises for sixty (60) days or more, such
sign shall be professionally covered or the sign face painted blank.
A. Whenever any sign no longer advertises an existing bona fide business, service or product manufactured on a premise, and such
business, service or product has not been located or been available on the premises for more than two years, such sign shall be
taken down and removed within 30 days, after written notification from the city manager or his designee, by the permittee, lessee
or operator or owner of the building or structure upon which such sign may be found. Upon failure of the recipient of such notice
to comply therewith within the time specified therein, the city manager or his designee may cause removal of such sign, and any
expense incident thereto shall be paid by the owner of the building or structure to which such sign is attached. Nothing in this
section shall be construed as requiring the removal of any sign owned by a person licensed to engage in the business of outdoor
advertising in the state; provided the sign in question is kept and maintained in a proper condition.
ARTICLE III CONSTRUCTION LOCATION
Sec. 66-73. - Sign materials, and construction, and maintenance.
1. Every sign shall be constructed of durable materials, using non-corrosive fastenings; shall be structurally safe and erected or
installed in strict accordance with the Virginia Uniform Statewide Building Code; and shall be maintained in safe condition
and good repair at all times so that all sign information is clearly legible.
2. Every sign and sign structure shall be kept in good repair. Deterioration by neglect is prohibited. A sign shall be
considered a neglected sign if:
a. any portion of the finished material, surface or message of the sign is visibly faded, flaked, broken off, missing,
cracked, splintered, defective, or is otherwise visibly deteriorated or in a state of disrepair, as determined by the
City Manager or his designee, so as not to substantially appear as it was intended or designed to appear when
originally constructed; or
b. whose structural support or frame members are visibly bent, broken, dented, torn, twisted, leaning, or at angles
other than those at which it was originally erected.
ARTICLE IV PERMITTED SIGNS
Sec. 66-107. - Prohibited signs.
A. No sign shall have flashing, intermittent or animated illumination or lights of changing degrees of intensity, unless each interval
in the cycle is a minimum of eight seconds and the sign does not constitute a traffic hazard. This section shall not be construed to
prohibit signs which display time, temperature and other information, provided all other requirements of this chapter are met.
B. The following devices and locations shall be specifically prohibited:
1. Signs located in such a manner as to obstruct or otherwise interfere with an official traffic sign, signal or device, or obstruct
or interfere with a driver's view of approaching, merging or intersecting traffic.
2. Except as provided for elsewhere in this Code, signs encroaching upon or overhanging public right-of-way. No sign shall be
attached to any utility pole, light standard, street tree or any other public facility located within the public right-of-way.
3. Signs which blink, flash or are animated by lighting in any fashion that would cause such signs to have the appearance of
traffic safety signs and lights, or municipal vehicle warnings from a distance.
4. Portable signs except as provided in section 66-105 (portable signs).
5. Vehicular signs except as provided in section 66-11.
6. Balloons, streamers, inflatables, pennant strings, flags (except as allowed in section 66-11), pinwheels, and like displays,
except as provided in section 66-105 (temporary signs).
7. No off-premise sign shall be located within the corporate limits of the city.
8. No existing off-premise sign shall be converted to an electronic sign, billboard or multi-vision board.
9. Abandoned signs.
10. Snipe signs. Signs shall only be attached to utility poles in conformance with state and utility regulations and the requirements
of this chapter.
11. Signs which prevent free ingress or egress from any door, window, fire escape, or that prevent free access from one part of
a roof to any other part. No sign other than a safety sign shall be attached to a standpipe or fire escape.
12. Signs which emit smoke, visible vapors, particulate matter, sound, odor or contain open flames.
13. Reflective signs or signs containing mirrors.
14. Vehicular interactive signs.
15. Signs incorporating beacon lighting.
16. Any banner or sign of any type suspended across a public street, without the permission of the owner of the property and the
city.
17. Roof signs.
18. Signs for any home occupation.
19. Signs erected without the permission of the property owner, with the exception of those authorized or required by local,
state, or federal government.
20. Any sign containing information which states or implies that a property may be used for any purpose not permitted under
the provisions of the city zoning ordinance.
21. Signs that exhibit statements, words, or pictures of obscene or pornographic subjects.
22. Any sign that promotes illegal activity.
23. Neglected signs.
ARTICLE V. - DEFINITIONS
Sec. 66-151. - Definitions.
A. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except
where the context clearly indicates a different meaning:
Abandoned sign: A sign which has not identified or advertised a current business, service, owner, product, or activity for a period
of at least 30 60 days, in the case of off-premises signs, or at least 360 days in the case of on-premises signs.
Neglected sign: Any sign and sign structure that is allowed to deteriorate by failure to maintain the sign in its original
condition.
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:
Mayor
ATTEST:
H. Robert Light
Clerk of Council
City of Salem, Virginia
Item 5B
6-14-21
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA
HELD AT ANDREW LEWIS MIDDLE SCHOOL AUDITORIUM
MEETING DATE: June 14, 2021
AGENDA ITEM: Consider ordinance on second reading amending Chapter 106,
Zoning, Article II District Regulations, Sections 106-204.3(B) 1,
106-208.3(B) 1, 106-213.3(B) 1 pertaining to single-family
dwellings; Article III Use & Design Standards, Section 106-
304.5(B)(D) pertaining to home occupations, Section 106-308
pertaining to office uses, Article IV Development Standards,
Section 106-404.1 l(A)(E) pertaining to parking, Article V
Administration, Sections 106-504(A), 106-514, 106-518
pertaining to zoning permits, enforcement, and civil penalties and
Article VI, Definitions and Use Types, Section 106-602, Use
Types, Section 106-602.5 Civic Use Types and 106-602.7 Office
Use Types, pertaining to guidance services, medical offices/
clinic, and outpatient mental health and substance abuse clinics
of the CITY OF SALEM, VIRGINIA. Approved on first reading at
the May 24, 2021 Council meeting.
SUBMITTED BY: Mary Ellen Wines, Zoning Administrator
SUMMARY OF INFORMATION:
Staff continually reviews the Zoning Ordinance for its current applicability. There are several
housekeeping changes including single-family dwelling setbacks, changes to home
occupations, parking, and zoning permits. Other topics of discussion have arisen due to the
recent shift from being reactionary regarding complaints of code violations to a more proactive
system. To make this transition, changes to the zoning ordinance to include inspection
warrants and a civil ticket system are needed.
As a result of the public input during community meetings regarding the downtown plan,
offices were removed as a use from the ground floor in certain areas of the downtown
business district. These areas include properties fronting on Main Street, between Thompson
Memorial Drive to Academy Street, College Avenue, between Clay Street and Thompson
Memorial Drive, and North Market Street. It has become apparent that a few properties at the
west end of Main Street do not have the downtown character. They do not have storefront
facades and the buildings do not abut the sidewalk. For that reason, a proposed text
amendment to eliminate this area from the restriction is proposed.
In September 2010 in response to methadone clinics and various other drug therapy facilities,
the specific use of outpatient mental health and substance abuse clinic was created in the
zoning ordinance. As the differing types of therapy have evolved over the last several years it
has become apparent that this definition no longer fits. In order to help meet the needs of the
valley's community, it is proposed that clinics that do not dispense or administer medication
as part of counseling and therapy be considered a guidance service. Clinics that do dispense
and administer medication shall remain classified as an outpatient mental health and
substance abuse clinic.
SUMMARY OF PROPOSED CHANGES:
ARTICLE II - DISTRICT REGULATIONS
SECTIONS 106-204.3(8)(1), 106-208.3(B)(l), AND 106-213.3(B)(l) Site Development:
requires single-family dwellings in the RMF, RB, and CBD districts to adhere to the setbacks
of single-family dwellings in RSF.
ARTICLE III. - USE AND DESIGN STANDARDS
SECTION 106-304.5 Home Occupations:
1. Will allow retail and wholesale sales as e-commerce or online sales only, no at-home
shopping.
2. THE PLANNING COMMISSION APPROVED RECOMMENDING A CHANGE TO
BOTH THE CURRENT CODE SECTION 106-304.5 (B)(5) RELATED TO THE NUMBER
OF STUDENTS FOR LESSONS OR TUTORING FROM FIVE TO SIX, AND ALSO
AMENDING THE STAFF RECOMMENDED ADDITION TO THE SECTION FOR OTHER
TYPES OF CLIENTS FROM FIVE TO SIX TO CORRESPOND. THE DRAFT ORDINANCE
REVISION REFLECTS THE PLANNING COMMISSION’S RECOMMENDATIONS.
3. Allows the care of up to 4 children or 3 adults as opposed to 5 each previously. These
maximum limits are based on the limits of state licensing. Above these numbers requires
additional licensing by the state.
4. Based on numerous complaints this change will require the parking of associated
vehicles to be on-site. No on-street parking for work related vehicles.
5. The renewal process is now automatic through the Commissioner of the Revenue's
Office unless complaints have been filed. This code changes reflects that process.
ARTICLE V -ADMINISTRATION
SECTION 106-504 Zoning permits: adds residential non-structural reroofs to the list of
activities that do not require a zoning permit.
SECTION 106-514(B) Enforcement: establishes an inspection warrant process, as allowed
in the state code, that if after failed reasonable efforts to obtain entry, the zoning administrator
can, with probably cause, request an inspection warrant from the magistrate to inspect a
premise.
SECTION 106-514(C) Enforcement: expands the list of responsible parties from just the
property owner.
SECTION 106-514(E) Enforcement: establishes what acts are considered violations as
required by state code.
SECflON 106-516 Criminal Penalties: this change separates criminal penalties from civil
penalties
SECTION 106-518 Civil Penalties: minor changes to support instituting civil penalties.
SECTION 106-520.1 Commission Study and action: housekeeping item to clarify that all
proposed amendments are referred to Planning Commission automatically without the need
for Council to act.
Sec. 106-308(1)(A) - Office Uses: Main Street between Thompson Memorial Drive and
Academy Street Cherry Alley on the south side of Main and the west side of Tax Map#
105-5-4 on the north side of Main.
Sec. 106-602.5. - Civic use types: Guidance services. To include counseling and therapy
that does not dispense or administer medication.
Sec. 106-602. 7. - Office use types: Medical office/ clinic. Redefine to include healthcare of
the body only. Healthcare of the mind will be considered a guidance service. Outpatient mental
health and substance abuse clinic. Removed the examples that may be confusing to these
amended definitions.
These actions were approved at Planning Commission meetings on April 14 and May 12,
2021.
STAFF RECOMMENDATION:
Staff is continuously reviewing City Code and recommends making these changes to keep it
up to date and applicable.
AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 106, ZONING,
ARTICLE II DISTRICT REGULATIONS, SECTIONS 106-204.3(B) 1, 106-208.3(B) 1, 106-
213.3(B) 1 PERTAINING TO SINGLE-FAMILY DWELLINGS; ARTICLE III USE &
DESIGN STANDARDS, SECTION 106-304.5(B)(D) PERTAINING TO HOME
OCCUPATIONS, SECTION 106-308 PERTAINING TO OFFICE USES, ARTICLE IV
DEVELOPMENT STANDARDS, SECTION 106-404.1 l(A)(E) PERTAINING TO PARKING,
ARTICLE V ADMINISTRATION, SECTIONS 106-504(A), 106-514, 106-518 PERTAINING
TO ZONING PERMITS, ENFORCEMENT, AND CIVIL PENALTIES AND ARTICLE VI,
DEFINITIONS AND USE TYPES, SECTION 106-602, USE TYPES, SECTION 106-602.5
CIVIC USE TYPES AND 106-602.7 OFFICE USE TYPES, PERTAINING TO GUIDANCE
SERVICES, MEDICAL OFFICES/ CLINIC, AND OUTPATIENT MENTAL HEALTH AND
SUBSTANCE ABUSE CLINICS OF THE CITY OF SALEM, VIRGINIA.PERTAINING TO
ZONING.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that Sections
106-204.3 (B)1, 106-208.3(B) 1, and 106-213.3(B) 1 Article II; Sections 106-304.5(B)(D) and
106-308, Article III; Section 106-404.1 l(A)(E), Article IV; Sections 106-504(A), 106-514, and
106-518, Article V; Sections 106-602, 106-602.5, and 106-602.7, Article VI, Chapter 106 of
The Code of the City of Salem, Virginia, be amended, revised, and reordained to read as follows:
CHAPTER 106
ZONING
ARTICLE II DISTRICT REGULATIONS
Sec. 106-204.3. - Site development regulations.
The following are general development standards for the RMF Residential Multi-Family
District. For additional, modified or more stringent standards see article III, use and design
standards.
(B) Minimum Setback Requirements.
1. Principal Structure:
Front Yard: 25 feet, if right-of-way is 50 feet or greater in width; 50 feet from the
centerline of any right-of-way less than 50 feet in width. However, if an adjoining
lot is developed, no principal structure shall be required to have a front yard greater
than that observed by an existing building on an adjoining lot.
Side Yard: 20 feet.
Rear Yard: 20 feet.
Single-Family Dwellings shall conform with the minimum setback regulations
of Section 106-202.3 Residential Single-Family District RSF.
Sec. 106-208.3. - Site development regulations.
The following are general development standards for the RB Residential Business District.
For additional, modified or more stringent standards see article III, use and design standards.
(B) Minimum Setback Requirements.
1. Principal Structure:
Front Yard: 25 feet, if right-of-way is 50 feet or greater in width; 50 feet from the
centerline of any right-of-way less than 50 feet in width. However, if an adjoining
lot is developed, no principal structure shall be required to have a front yard greater
than that observed by an existing building on an adjoining lot.
No front yard shall be used for any parking area or otherwise designed or devoted
to any vehicle use unless a special exception permit has been approved specifically
allowing such parking. Notwithstanding the foregoing, nothing herein shall prohibit
a driveway in the front yard that leads to a parking area in the side yard or rear
yard.
Side Yard: Any side yard shall be a minimum of ten percent of lot width. However,
under no circumstances shall either side yard be required to exceed 25 feet.
Rear Yard: 15 feet.
Corner Lots: the setback on the side street shall be equal to the setback observed by
the principal structure on an adjoining lot. If the side street does not have street
facing lots, the side yard setback for corner lots shall be ten percent of the lot
width.
Single-Family Dwellings shall conform with the minimum setback regulations
of Section 106-202.3 Residential Single-Family District RSF.
Sec. 106-213.3. - Site development regulations.
The following are general development standards for the CBD Community Business
District. For additional, modified or more stringent standards see article III, use and design
standards.
(B) Minimum setback requirements.
1. Principal structure:
Front yard: 30 feet from street centerline.
Side yard: No minimum.
Rear yard: No minimum.
Single-Family Dwellings shall conform with the minimum setback regulations
of Section 106-202.3 Residential Single-Family District RSF.
ARTICLE III USE AND DESIGN STANDARDS
Sec. 106-304.5. - Home occupations.
(A) Intent: These standards for home occupations are established in recognition that certain
small-scale business activities may be appropriate as an accessory use to a residential
dwelling. The character and scale of the business activity must be clearly minor and
subordinate to the principal use of the property as a residence.
(B) General standards:
1. All home occupations shall be operated by the resident occupants of the dwelling that is
the location of the home occupation.
2. Only residents of the dwelling shall be engaged in the home occupation activity. No
other employees shall be allowed at the site of the home occupation.
3. No dwelling used for a home occupation shall be altered or used in any manner that
would cause the dwelling to differ in character from a residential use.
4. No retail or wholesale sales shall be permitted as part of any home occupation except
e-commerce businesses conducted solely online. No customers may “shop” at the
location of the home occupation.
5. Lessons in the fine arts (dance, music, art), or tutoring shall be allowed as a home
occupation provided the total number of students shall not exceed five six per day. Any
other type of client shall also be limited to six per day.
6. The care of up to a maximum of five four individuals children or three adults (not
including provider's own children family and any children who reside in the home), or
the tutoring of up to five individuals shall be permitted as a home occupation.
7. No signage shall be allowed. No advertising associated with the home occupation shall
direct clients to the location of the home occupation.
8. The home occupation shall not require the use or storage of hazardous or toxic
materials and no such material shall be associated with the home occupation.
9. There shall be no external storage of equipment or materials associated with the home
occupation, and there shall be no external evidence of the existence of the home
occupation on the property. One vehicle associated with the home occupation shall be
allowed, provided the vehicle is of a type and scale otherwise permitted by this chapter.
The applicant is required to have on-site parking for any vehicles used in
conjunction with the home occupation. On-street parking shall not be allowed.
10. The volume and characteristics of traffic associated with the home occupation shall be
consistent with the volume and characteristic of traffic associated with dwellings in the
general area.
11. The home occupation shall not involve the commercial delivery of materials or
products to or from the premises. Incidental deliveries common to residential dwellings
shall be permitted.
12. More than one home occupation may be located within a single dwelling provided the
level of activity associated with all the home occupations, when considered together,
does not violate any of these general standards.
(C) Application process:
1. The administrator shall be responsible for reviewing all applications for home
occupations.
2. Applicants for home occupations shall complete a home occupation application and in
doing so shall indicate compliance with the intent of these regulations and the general
standards contained herein.
3. If the administrator believes that a proposed home occupation will comply with the
intent and general standards contained herein, the application for the home occupation
shall be approved.
4. If the administrator believes that a proposed home occupation will not comply with the
intent and general standards contained herein, the administrator shall notify the
applicant of the changes necessary to achieve compliance with these provisions. If the
applicant disagrees with the opinion of the administrator, the administrator may, and at
the request of the applicant shall, refer the application to the Commission and Council
which shall review the application as a special exception pursuant to the provisions of
this chapter.
(D) Renewals:
1. All approved home occupations shall be granted for a period of 12 months. Applicants
shall be responsible for requesting a renewal of any approved home occupation.
Renewal of the home occupation permit will be included with the City of Salem
business license renewal process.
2. Except as provided below, the administrator shall may review all renewal requests and
shall approve all requests that are consistent with these standards. The administrator
may approve renewals of home occupations approved by Council, provided the home
occupation has not changed in character or scale from that approved by Council, and is
being operated in accordance with these provisions.
3. If a home occupation is operated in violation of these standards at any time during any
12-month period, the administrator shall not have the authority to renew the application
and shall refer the application to the Commission and Council which shall review the
application as a special exception pursuant to the provisions of this chapter.
(E) Enforcement:
1. The administrator shall have the authority to require compliance with these provisions.
When, in the opinion of the administrator, an operator of a home occupation violates the
home occupation standards contained herein, the administrator shall require compliance
pursuant to the procedures contained in section 106-514.
Sec. 106-308. - Office uses.
Standards in the DBD District for office use types:
1. Office use types shall be permitted only on floors above the ground floor and in the
same structure as a commercial use type for parcels fronting:
(a) Main Street between Thompson Memorial Drive and Academy Street Cherry Alley
on the south side of Main and the west side of Tax Map # 105-5-4 on the north
side of Main;
(b) College Avenue between Clay Street and Thompson Memorial Drive; and
(c) North Market Street.
2. Commercial use types must occupy at least the first floor of the structure, and should be
configured to be pedestrian friendly.
ARTICLE IV DEVELOPMENT STANDARDS
Sec. 106-404. - Off-street parking requirements.
(A) These provisions for off-street parking are intended to address the off-street parking
demands created by various land uses within the City of Salem. The standards established in
this section are designed to protect the health safety and welfare of the Salem community by
accommodating parked vehicles in a safe and functional manner with consideration given to
the stormwater quality and quantity impacts of impervious parking areas.
Sec. 106-404.11. – Construction standards.
(A) All off-street parking areas shall be constructed of a hard surface consisting of bituminous
concrete or concrete. Gravel parking areas shall not be permitted, unless the administrator
determines that the use is of a temporary nature. Between the right-of-way and the rear
building line, single-family and two-family dwellings must utilize bituminous concrete,
concrete or chip seal type of hard surface. Once past the rear building line, single-
family and two-family homes may utilize gravel. For corner lots between the right-of-
way and the side building line, single-family and two-family dwellings must utilize
bituminous concrete, concrete or chip seal type of hard surface. Once past the side
building line, gravel may be used. For double frontage lots between the right-of way
and the rear building setback line, single-family and two-family dwellings must utilize
bituminous concrete, concrete or chip seal type of hard surface. Once past the rear
building setback line, single-family and two-family homes may utilize gravel.
(B) For sites or structures listed on the National Register of Historic Places, parking areas may
be constructed using period correct materials as permitted by the administrator. Such
development shall require a site plan.
(C) The city engineer may require paving surfaces and/or construction techniques which
minimize surface stormwater runoff in areas where it is deemed necessary. The developer
may select precast interlocking blocks, porous-type asphalt paving, detention basins or other
methods as approved by the city engineer.
(D) In no case shall there be allowed excessive dust or debris to be transferred onto the
roadway system or onto neighboring properties. Violators shall be guilty of a misdemeanor
and subject to section 106-516, penalties.
(E) Commercial Use Types.
USE TYPE PARKING REQUIRED
Agricultural Services Schedule A
Antique Shops 1 space per 400 square feet
Assembly Hall 1 space per 5 seats
Athletic Instruction Services Schedule B (minimum 1 space per 300 square feet)
Automobile Dealership, New Schedule A
Automobile Dealership, Used Schedule A
Automobile Repair Services,
Major 2 spaces per repair bay plus 1 space per employee on shift
Automobile Repair Services,
Minor 3 spaces per repair bay plus 1 space per employee on shift
Automobile Rental/Leasing Schedule A
Automobile/Parts Supply, Retail Schedule A
Business Support Services 1 space per 200 square feet
Business or Trade Schools Schedule B
Campground 1 space per camp site
Car Wash 1 space per employee on shift plus stacking spaces
Commercial Indoor Amusement 1 space per 3 persons based on maximum occupancy
Commercial Indoor
Entertainment 1 space per 4 seats plus on space per employee on shift
Commercial Indoor Sports and
Recreation
1 space per 3 persons based on maximum occupancy plus 1
space per employee on shift
Commercial Outdoor
Entertainment
1 space per 3 persons based on maximum occupancy plus 1
space per employee on shift
Commercial Outdoor Sports and
Recreation
Miniature Golf 1.5 space per hole
Swimming Pool Schedule B
Tennis/Court Games 2 spaces per court
Other Outdoor Sports Schedule B
Communications Services 1 space per 300 square feet plus 1 space per company vehicle
based on site
Construction Sales and Services Schedule A
Consumer Repair Services 1 space per 300 square feet
Convenience Store 5 spaces plus 1 space per 200 square feet plus one space per
gas dispenser
Dance Hall 1 space per 3 persons based upon maximum occupancy
Day Care Center 1 space per employee on shift plus one space per three persons
receiving care
Equipment Sales and Rental Schedule A
Flea Market 1 space per 100 square feet of sales area accessible to the
public
Funeral Services 1 space per 2 employees on shift plus one space per 5 seats in
main chapel
Garden Center Schedule A
Gasoline Station 1 space per employee plus required stacking spaces
Golf Course 36 spaces per 9 holes
Homestay Inn 1 space per sleeping room available for guests
Hospital 1 space per employee on shift plus one space per 2 beds
Hotel/Motel/Motor Lodge 1 space per guest room plus one space per employee, plus
spaces as may be required for other uses on site
Kennel, Commercial Schedule B
Laundry 1 space per 300 square feet
Manufactured Home Sales Schedule B
Microbrewery Schedule B
Microdistillery Schedule B
Personal Storage 2 spaces for any live-in manager unit plus 2 spaces per 100
storage units
Pawn Shop 1 space per 300 square feet
Personal Improvement Services 1 space per 300 square feet
Personal Services 1 space per 300 square feet
Recreational Vehicle Sales and Schedule A
Service
Restaurant 1 space per four seats plus 1 space per employee on shift, plus
required stacking spaces
Retail Sales
Shopping Center 1 space per 250 square feet
Other Retail 1 space per 200 square feet Schedule A
Studio, Fine Arts Schedule B
Truck Stop Schedule B
Veterinary Hospital/Clinic 1 space per 300 square feet
SCHEDULE A
The following table contains minimum parking requirements for uses with elements having
different functions or operating characteristics. The administrator shall consider and decide the
minimum parking required for uses containing a mixture of these elements.
Element Parking Required for Element
Office or Administrative Activity 3.5 spaces per 1,000 square feet
Indoor Sales, Display or Service Area 1 space per 500 square feet
Motor Vehicle Service Bays 2 spaces per service bays
Outdoor Sales, Display or Service Area 1 space per 2,000 square feet
General Equipment Servicing or Manufacturing 1 space per 1,000 square feet
Indoor or Outdoor Storage or Warehousing 1 space per 5,000 square feet
ARTICLE V ADMINISTRATION
Sec. 106-504. - Zoning permits.
(A) A zoning permit shall be required for the erection, construction, reconstruction, moving,
adding to, or alteration of any structure, or the establishment of any land use, except as listed
below:
1. Patios.
2. Fences.
3. The non-structural re-roof of residential structures
(B) It shall be the responsibility of the applicant to provide any information necessary for the
administrator to determine that the proposed use, building, or structure complies with all
provisions of this chapter.
(C) For any use, building, or structure requiring an approved site plan, no zoning permit shall be
issued, until such time as a site plan is submitted, reviewed, and approved in accordance
with section 106-400 of this chapter.
(D) For uses or structures not requiring an approved site plan, the administrator shall determine,
in accordance with this chapter, the type of information necessary to review the permit. At a
minimum, a concept plan shall be required meeting the standards established by the
administrator.
(E) All zoning permits issued shall be valid for a period of six months, unless the structure, use
or activity for which the permit was issued has commenced. The administrator may reissue
any expired permit provided the structure, use and or activity complies with all applicable
provisions of the ordinance at the time of reissuance.
(F) The administrator shall have the authority to approve the form and content of zoning permit
applications.
Sec. 106-514. - Enforcement.
(A) The administrator shall have the responsibility for enforcing the provisions of this
chapter, and may, as necessary, solicit the assistance of other local and state officials and
agencies to assist with this enforcement.
(B) If after a reasonable effort to obtain consent from the owner or tenant to enter a
subject structure or property, the zoning administrator may make an affidavit
under oath before a magistrate and, if such affidavit establishes probable cause that
a zoning ordinance violation has occurred, request that the magistrate grant the
zoning administrator an inspection warrant to enable the zoning administrator to
enter the subject structure or property for the purpose of determining whether
violations of the zoning ordinance exist.
(C)(B) Any person whether the owner, lessee, principal, agent, employee or otherwise, who
violates any provision of this chapter, or permits either by granting permission to
another to engage in the violating act or by not prohibiting the violating act
Violators of the provisions of this chapter shall be notified in writing of observed
violations. The administrator shall state, in the written notice, the nature of the violation,
the date that the violation was observed, and the remedy or remedies necessary to correct
the violation. A reasonable time period will be established for the correction of the
violation.
(D)(C) If the administrator is not able to obtain compliance with these provisions, civil and or
criminal procedures may be initiated in accordance with city law and procedures.
(E) Violations.
1. It shall be a violation of this chapter, and shall subject the violator to the
enforcement remedies provides in this article and by state law, for any of the
following to occur:
a. To engage in any development, use, construction, reconstruction, remodeling,
or other activity of any nature upon any land and improvements, without all
the certificates, licenses, permits, or other forms of authorization required
under this chapter; or
b. To engage in any development, use, construction, reconstruction, remodeling,
or other activity of any nature in any manner which is inconsistent with the
certificates, licenses, permits, or other forms of authorization granted for the
conduct of such activity; or
c. To violate, either by commission or omission, any term, condition, or
qualification upon a certificate, license, permit, or other form of authorization
granted to allow the use, development, or other activity upon any land or
improvements; or
d. To erect, construct, reconstruct, remodel, alter, locate, relocate, maintain, or
use any building, structure, or part thereof, or to use any land in violation or
contravention of any regulation of this chapter or amendment thereto.
2. To continue any of the above-stated violations. Each day of a violation shall be a
separate offense.
Sec. 106-516. – Criminal Penalties.
(A) Pursuant to § 15.2-2286(5) of the Code of Virginia, any violation of any provision of this
chapter shall be a misdemeanor punishable by a fine of not less than $10.00 nor more than
$1,000.00.
(Ord. of 3-14-05(2))
Sec. 106-518. - Civil penalties.
(A) Any owner of a building or premises where a violation of any provisions of this chapter has been
committed or shall exist, or the lessee or tenant of an entire building or entire premises where such
violation has been committed or shall exist, or the general agent, architect, builder, contractor, or any other
person who commits, takes part or assists in any such violation or who maintains any building or premises
in which any such violation shall exist, shall be punishable by a civil penalty.
(B)(A) Any violation of the following scheduled provisions of this chapter shall be subject to a civil penalty in
an amount and timing not to exceed that authorized by § 15.2-2209 of the Code of Virginia, as amended.
Council shall establish the amount of the civil penalty.
List Schedule of Violations Subject To
Civil Penalties
1. (Reserved).
2. (Reserved).
(C)(B) Each day during which a violation is found to exist shall be a separate offense. However, Tthe same
violation arising from the same operative set of facts may be charged not more than once in a ten-day
period, and the total civil penalties from a series of such violations arising from the same set of operative
facts shall not exceed $5,000.00.
(D)(C) The issuance of a civil penalty for a particular violation of the zoning ordinance pursuant to this section
shall be in lieu of criminal sanctions except when such violation results in injury to any person or persons.
(E)(D) The administrator, or the administrator's designee, may issue a civil summons for a scheduled violation.
Any person summoned or issued a ticket for a scheduled violation may make an appearance in person or in
writing by mail to the city treasurer prior to the date fixed for trial in court. Any person so appearing may
enter a waiver of trial, admit liability, and pay the civil penalty established for the offence charged. Such
persons shall be informed of their right to stand trial and that a signature to an admission of liability will
have the same force and effect as a judgment of court.
(F)(E) If a person charged with a scheduled violation does not elect to enter a waiver of trial and admit liability,
the violation shall be tried in the general district court in the same manner and with the same right of appeal
as provided for by law. A finding of liability shall not be deemed a criminal conviction for any purpose.
(G)(F) No provision herein shall be construed to allow the imposition of civil penalties for (1) activities related
to land development or (2) for violation of any provision of a local ordinance relating to the posting of
signs on public property or public rights-of-way.
Sec. 106-520.1. - Commission study and action.
(A) All proposed amendments to the zoning ordinance shall be referred by the Council to the Commission
for study and recommendation. The Commission shall study proposals to determine:
ARTICLE VI DEFINITIONS AND USE TYPES
Sec. 106-602.5. - Civic use types.
[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:]
Guidance services. A use providing counseling, guidance, recuperative, or similar services for persons
requiring rehabilitation assistance or therapy for only part of a 24 hour day. This use type shall not include
facilities operated for the treatment of drug addiction and substance abuse. that dispense and/or
administer controlled substances and/or pharmaceutical products operated for the treatment of drug
addiction and substance abuse and/or mental health disorders. Non-medicinal counseling-based
treatment of drug addiction and substance abuse and/or mental health disorders may be considered
guidance services after review by the administrator. Facilities that do dispense and/or administer
controlled substances and/or pharmaceutical products for the treatment of drug addiction and
substance abuse and/or mental health disorders shall be considered an Outpatient mental health and
substance abuse clinic.
Sec. 106-602.7. - Office use types.
[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:]
Medical office/clinic. A facility used for human health care of the body, such as medical, dental,
therapeutic, chiropractic or similar consultation, diagnosis, and treatment by one or more practitioners
licensed by the Commonwealth of Virginia. Medical offices/clinics provide outpatient care on a routine
basis, and may offer minor surgical care, but do not provide overnight care or serve as a base for an
ambulance service.
Outpatient mental health and substance abuse clinic. An establishment which provides outpatient
services primarily related to the diagnosis and treatment of mental health disorders, alcohol, or other drug
or substance abuse disorders. Services may include the dispensing and administering of controlled
substances and pharmaceutical products by professional medical practitioners licensed by the
Commonwealth of Virginia. Examples may include but are not limited to outpatient alcohol treatment
centers, outpatient detoxification centers, outpatient drug and substance abuse centers, and outpatient
mental health centers.
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:
Mayor
ATTEST:
H. Robert Light
Clerk of Council
City of Salem, Virginia
Planning Commission Meeting
MINUTES
Wednesday, May 12, 2021, 7:00 PM
Salem Civic Center, Community Room, 1001 Roanoke Boulevard, Salem, VA 24153
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 Community Room,
Salem Civic Center, 1001 Roanoke Boulevard, Salem, Virginia, at 7:00
p.m., on May 12, 2021. Notice of such hearing was published in the
April 29, and May 6, 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
Jim H. Guynn, Jr., City Attorney; James E. Taliaferro, II, City Manager
and Executive Secretary, Charles Van Allman, 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 7:00p.m.
2. Pledge of Allegiance
3. Consent Agenda
A. Minutes
Consider acceptance of the minutes from the April 14, 2021, work
session and regular meeting.
Reid Garst motioned to accept the minutes from the April 14,
2021. Jackson Beamer seconded the motion.
Ayes: Beamer, Conner, Daulton, Garst
Absent: King
4. New Business
A. Special Exception Permit
Hold public hearing to consider the request of Scott A. Boggs, property
owner, for the issuance of a Special Exception Permit to allow retail sales
on the property located at 407 East Burwell Street (Tax Map # 120-1-5).
STAFF REPORT
Staff noted the following: the subject property consists a single parcel
located at the corner of East Burwell Street and Thompson Memorial Drive
(Northbound), east of the intersection with South College Avenue. The size
is approximately 0.1 acres and is currently occupied by a two-story single-
family residence. The applicant is requesting a Special Exception Permit to
allow retail sales as part of their fly-fishing outfitter business. The retail
sales would be one component, with the outfitter also offering lessons and
guided trips. Retail items include related equipment such as clothing and
fishing gear. areas of the building that are not used by the outfitter will
remain professional offices.
Scott Boggs, property owner, appeared before the Commission. He stated
that he purchased the property in December and his initial intent was to have
office space in the building, but since the property is zoned commercial, he
felt like it would be a good idea to place a fly shop in the building. When he
applied for a business license for the fly shop, he discovered that the
property was zoning incorrectly. He stated that the fly shop is basically set
up and ready to go. Jeremy Carter will be running the business for him who
is a local resident and has ties to the property. He is requesting a special
exception permit to allow the business on the property. He stated it would be
a retail fly shop that would sell beginner, intermediate, and advance fly-
fishing equipment manufactured by Patagonia, Howard Brothers, and Sims
as well as others. The second layer of the business will be the outfitter where
there are special, private places for customers to be taken to go fishing,
hunting activities, etc. He stated they want to work with the community, and
he feels that this business would be a viable entity for the City of Salem.
Member Reid questioned the number of retail customers that is expected
each day.
Mr. Boggs stated that he is hoping between 25-35 customers a day, but
the spring and mild weather would be the busy season for the business.
Member Conner questioned what the hours of operation would be.
Mr. Boggs stated that they are still trying to determine the best hours of
operation, but feel that 10 am to 6 pm Monday through Saturday, closed on
Sunday for the retail sales portion. The outfitting portion of the business
would be 24/7 depending on the demand.
A discussion was held regarding fishing locations, type of lures used, etc.
Member Reid inquired how parking for customers would be addressed.
Mr. Boggs stated that there are 10 spaces on the property, and approximately
6 available spaces on the street for a total of 16 spaces. He also owns the lots
next to the property and can turn them into additional parking if needed.
Duane Smith, 462 Patricia Drive, appeared before the Commission and
stated that he owns the adjacent property that abuts through the yard. He
stated that he supports the proposed business.
As no one else appeared before the board to speak on the matter, Chair
Daulton closed the public hearing.
Reid Garst motioned to issue a special exception permit to allow retail sales
on the property located at 407 East Main Street. Neil Conner seconded the
motion.
Ayes: Beamer, Conner, Daulton, Garst
Absent: King
B. Amendment to the City Code
Hold public hearing to consider amending Chapter 106, Zoning, Article
III Use & Design Standards, Section 106-308 pertaining to office uses,
and Article VI, Definitions and Use Types, Section 106-602, Use Types,
Section 106-602.5 Civic Use Types and 106-602.7 Office Use Types,
pertaining to guidance services, medical offices/clinic, and outpatient
mental health and substance abuse clinics, of the CODE OF THE CITY
OF SALEM, VIRGINIA. STAFF REPORT
Staff noted the following: as a result of the public input during community
meetings regarding the downtown plan, offices were removed as a use from
the ground floor in certain areas of the downtown business district. These
areas include properties fronting on Main Street, between Thompson
Memorial Drive to Academy Street, College Avenue, between Clay Street
and Thompson Memorial Drive, and North Market Street. It has become
apparent that a few properties at the west end of Main Street do not have the
downtown character. They do not have storefront facades and the buildings
do not abut the sidewalk. For that reason, a proposed text amendment to
eliminate this area from the restriction is proposed. In September 2010 in
response to methadone clinics and various other drug therapy facilities, the
specific use of outpatient mental health and substance abuse clinic was
created in the zoning ordinance. As the differing types of therapy have
evolved over the last several years it has become apparent that this definition
no longer fits. In order to help meet the needs of the valley’s community, it
is proposed that clinics that do not dispense or administer medication as part
of counseling and therapy be considered a guidance service. Clinics that do
dispense and administer medication shall remain classified as an outpatient
mental health and substance abuse clinic.
Mary Ellen Wines, Zoning Administrator, appeared before the Commission
to discuss the changes. She stated that the areas listed in the staff report as
well as on the southside of Main Street from Cherry Alley west, and on the
north side of Main Street on the west side of Charlotte's Webb west it is
requested to remove the restriction of offices not being allowed on the
ground floors of buildings fronting Main Street. In September 2010 in
response to methadone clinics and various drug therapy facilities, the
specific use of outpatient mental health and substance abuse clinic was
created in the zoning ordinance. As the differing types of therapy have
evolved over the last several years, it has become apparent that this
definition no longer fits. In order to help meet the needs of the valley's
community, it is proposed that clinics that do not dispense or administrator
medication as part of counseling and therapy, be considered a guidance
service. Clinics that do dispense and administer medication shall remain
classified as an outpatient mental health and substance abuse clinic.
Basically, if it is just a therapy-based counseling service regarding substance
abuse, then it is considered a guidance service under definitions, but if
medication is dispensed and administered as part of that therapy, it will
remain an outpatient mental health clinic under definitions.
Member Garst questioned if dispense means that drugs are on-site and
will be handed out or given to the patient.
Ms. Wines confirmed that dispense and administer meant that drugs
would be on-site.
Robert Pilkington, architect with and part owner of Balzer and Associates,
appeared before the Commission and stated that he lives in Shawsville,
Virginia, but does a lot of work in the City of Salem and is an architect of
record for a number of properties directly facing Main Street in the
Downtown Business District. A few are fairly recent, including the
Ridenhour Building, the West Salem Lofts, MKB offices, Edward Jones
office, and Corbin Confections. He stated that it is our belief as a design firm
that a vibrant downtown has not only retail and restaurants, but businesses
that pull people downtown for that as well. He stated that the current
ordinance is geared toward retail and restaurants being on the ground floor
facing Main Street in those particular areas which brings people after hours,
but during the week, middle of the day, businesses such as doctors’ offices,
dental offices, realtors, etc. bring people to downtown. He reiterated that he
is in favor of the proposed changes.
As no one else appeared before the Commission regarding the matter, Chair
Daulton closed the public hearing.
Reid Garst motioned to amend Chapter 106, Zoning, Article III Use &
Design Standards, Section 106-308 pertaining to office uses, and Article VI,
Definitions and Use Types, Section 106-602.5 Civic Use Types and 106-
602.7 Office Use Types, pertaining to guidance services, medical
offices/clinic, and outpatient mental health and substance abuse clinics, of
the CODE OF THE CITY OF SALEM, VIRGINIA. Jackson Beamer
seconded the motion.
Ayes: Beamer, Conner, Daulton, Garst
Absent: King
C. Salem Historic Registry
Consider petition from MCLIP Properties, LLC, for inclusion in the Salem
Historic Registry of the property located at 901 South Colorado Street and
110 7th Street (Tax Map # 184-4-8).
Staff noted the following: The subject property consists of a single parcel of
approximately 0.2 acres. It is located at the west side of South Colorado
Street, on the southwest corner of the intersection with 7th Street. This
request is to add the property to the Salem Historic Registry, which will
recognize and help to preserve a surviving example of early 1900’s
commercial architecture in this area.
David McCray, 3330 Hollins Road, NE, Roanoke, appeared before the
Commission representing the property owner. He stated he owns 50 percent
of the property and is requesting that the property of 901 S. Colorado Street
and 110 7th Street be included in the historic registry of the City of Salem.
He stated the property at 901 S. Colorado Street is the former Hickson Lock
and Key was located. He stated that their intent is to, as best they can, bring
the property back to the way it looked when it was constructed. Based on the
Sanborn Maps, we believe the building was constructed sometime between
1913 and 1922. He stated that they plan to remove the current siding and
bring back the wood siding, re-do the metal roof on the exterior. On the
inside there are molded ceilings and walls that would try to be restored, and
try to put the building to a good, solid retail/office use. The upper level of
the building was formerly an apartment, and we would like to be able to
have a good retail/office space with the original look on the lower level and
an apartment upstairs. To the rear of the building is a block building that we
believe was constructed sometime prior to 1932 that has an apartment
upstairs and is occupied as a beauty salon on the main level. He stated that
other than renovating the apartment, they would leave that property
somewhat the way it is.
Chair Daulton questioned if he knew of what type of business would go
into the building.
Mr. McCray stated that they would renovate it as general retail/office space.
What he would love to see would be some type of grocery store as that was
what was originally in the building but is probably unlikely. He thinks some
type of office-- insurance, real estate, etc. or any time of small retail
business. He stated that they do not have anyone currently interested in the
building and feel like the renovations need to be made to change the look of
the property before a business will be interested in the space.
Member Conner noted that the current zoning of the property would not
allow for what is proposing.
Mr. McCray stated that he is aware of the zoning restrictions and that is
one of the reasons they would like to have it in the historic registry as there
might be more leeway in use. As a LM use, he does not know what the
property could be used for.
Member Garst questioned if the owner has an architect, he is currently
working with on the project.
Mr. McCray stated that he does not currently have an architect hired
but has worked with Balzer and Hill Studios in the past.
Member Garst noted that there is plenty of parking available on the property.
Robert Pilkington, Balzer and Associates, appeared before the Commission
and stated that he has worked with Mr. McCray in the past. He stated that
when they buy a piece of property, they turn the properties around and bring
them back to life. He stated that he passes the property everyday on his way
to work and feels that it is important to bring that type of property back to
life. He supports the request as he feels the historic designation would help
with a number of things.
No other person(s) appeared related to the request.
Neil Conner motioned to include 901 South Colorado Street and 110 7th
Street, (Tax Map # 184-4-8) in the Salem Historic Registry. Jackson Beamer
seconded the motion.
Ayes: Beamer, Conner, Daulton, Garst
Absent: King
5. Adjournment
Meeting adjourned at 7:27 p.m.
Reid Garst motioned to adjourn. Jackson Beamer seconded the motion.
Ayes: Beamer, Conner, Daulton, Garst
Absent: Graves, King
Item 5C
6-14-21
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA
HELD AT ANDREW LEWIS MIDDLE SCHOOL AUDITORIUM
MEETING DATE: June 14, 2021
AGENDA ITEM: Consider ordinance on second reading amending Chapter 18,
Article II, Building Code, Section 18-38, Amendments, and Article
VII, Historic Structures, Section 18-657, Maintenance of historic
buildings, pertaining to the Virginia Uniform Statewide Building
Code, and the maintenance of historic structures of THE CODE OF
THE CITY OF SALEM. Approved on first reading at May 24, 2021
Council meeting.
SUBMITTED BY: Mary Ellen Wines, Zoning Administrator
SUMMARY OF INFORMATION:
The state updates the Uniform Statewide Building Code every three years. In order to stay
current, occasional updates to the building chapter of the city code are required. In addition,
as part of the Community Development Block Grant and the community’s desire to hold
property maintenance to a higher level, the maintenance of historic structures has been
proposed. This proposal would include all designated historic structures and structures
within a historic district. This authority derives from property maintenance through the
building code and not through zoning law, so an architectural review board is not required.
There are no specific appearance requirements, only that the maintenance of buildings is
mandatory to avoid deterioration by neglect. The city has incentivized many projects within
historic structures, and this will help protect that investment.
SUMMARY OF PROPOSED CHANGES:
ARTICLE II – BUILDING CODE
SECTION 18-38. Amendments:
1. Adding structures in addition to buildings regarding unsafe buildings. Amending
the building code name from BOCA to Virginia Property Maintenance Code.
1a. Amending the code section from 116 to 119 part I establishing the Board of
Appeals.
1c. Amending the code section from 102 to 202 part 1 of the USBC defining the
Building Official.
ARTICLE VI. – HISTORIC STRUCTURES
SECTION 18-657 – Maintenance of historic buildings
It is found that the owner of a historic building has the responsibility to protect
and preserve, in perpetuity, the structural and visual components of such building.
Every building listed on any historic register or located within any designated
historic district shall be kept in good repair. All exterior portions of such buildings
and all related interior portions thereof, must be maintained to prevent the exterior
of such building to fall into a state of disrepair and/or be exposed to the elements.
Deterioration by neglect, is expressly prohibited. Therefore, the reasonable
maintenance of historic buildings is required as follows:
(1) The decorative features of the building, including but not limited to,
molding, filigree, and cornices, shall be maintained.
(2) The exterior of the building, including, but not limited to, walls, vertical
supports, horizontal support members, roofs, chimneys, siding, doors,
windows, shall be maintained.
(3) Any painted exterior surfaces shall be maintained.
(4) Any other necessary maintenance required by the Building Official that
prevents the deterioration of a historic building.
STAFF RECOMMENDATION:
Staff is continuously reviewing City Code and recommends making these changes to keep it
up to date and applicable
AN ORDINANCE TO AMEND, REVISE, REORDAIN, AND ENACT, CHAPTER 18, BUILDINGS AND BUILDING
REGULATIONS, ARTICLE II, BUILDING CODE, SECTION 18-38 AND BY ADDING ARTICLE VII, HISTORIC
STRUCTURES, SECTION 18- 651 THROUGH 18-657 OF THE CODE OF THE CITY OF SALEM, VIRGINIA,
PERTAINING TO THE BUILDING CODE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, THAT Section 18-38, Article II,
Building Code, and SECTION 18- 651 through 18-657, inclusive, Article VII, Historic Structures, Chapter
18, of The Code of the City of Salem, Virginia, be amended, revised, reordained, and enacted to read as
follows:
CHAPTER 18
BUILDINGS AND BUILDING REGULATIONS
ARTICLE II BUILDING CODE
Sec. 18-38. - Amendments.
The Virginia Uniform Statewide Building Code is amended and reordained in the
following respects:
(1) Unsafe buildings or structures. In addition to the administrative and
enforcement provisions contained in the BOCA National Virginia Property
Maintenance Code, adopted in the Uniform Statewide Building Code, as
amended from time to time, the provisions of this section shall apply to unsafe
buildings and structures. The following words when used in this section for the
purposes of this section shall have the meanings respectively ascribed to them
in this section, except in those instances where the context clearly indicates a
different meaning:
a. Board means the board of appeals established under section 116.0 119 of
volume part I of the Uniform Statewide Building Code.
b. Building means every building or structure which:
1. Shows 33 percent or more of damages or deterioration of the
supporting members, or 50 percent of damage or deterioration of the
non-supporting, enclosing or outside walls or covering;
2. Has improperly distributed loads upon the floors or roof or is otherwise
overloaded, or which has insufficient strength to be reasonably safe for
the purpose for which it is used;
3. Has been damaged by fire, wind or other causes so as to become
dangerous to the life, safety or health of the occupants thereof or other
inhabitants of the city;
4. Is so dilapidated, decayed or unsafe as to become dangerous to the
safety of the inhabitants of the city; or
5. Has parts thereof which are so attached that they may fall or otherwise
become detached and cause personal injury or damage to other
property.
c. Building official shall be as defined in section 102.0 202 of volume part I of
the Uniform Statewide Building Code.
ARTICLE VII. - HISTORIC STRUCTURES
Sec. 18-657. – Maintenance of historic buildings.
It is found that the owner of a historic building has the responsibility to
protect and preserve, in perpetuity, the structural and visual components of such
building. Every building listed on any historic register or located within any
designated historic district shall be kept in good repair. All exterior portions of
such buildings and all related interior portions thereof, must be maintained to
prevent the exterior of such building to fall into a state of disrepair and/or be
exposed to the elements. Deterioration by neglect, is expressly prohibited.
Therefore, the reasonable maintenance of historic buildings is required as
follows:
(1) The decorative features of the building, including but not limited to,
molding, filigree, and cornices, shall be maintained.
(2) The exterior of the building, including, but not limited to, walls, vertical
supports, horizontal support members, roofs, chimneys, siding, doors,
windows, shall be maintained.
(3) Any painted exterior surfaces shall be maintained.
(4) Any other necessary maintenance required by the Building Official that
prevents the deterioration of a historic building.
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:
Mayor
ATTEST:
H. Robert Light
Clerk of Council
City of Salem, Virginia
Item 5D
6-14-21
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA
HELD AT ANDREW LEWIS MIDDLE SCHOOL AUDITORIUM
MEETING DATE: June 14, 2021
AGENDA ITEM: Consider ordinance on second reading to amend, revise, and
reordain Chapter 94, Vegetation, pertaining to nuisances of THE
CODE OF THE CITY OF SALEM.) The attached ordinance
reflects the language change approved at the May 24, 2021
Council meeting.
SUBMITTED BY: Mary Ellen Wines, Zoning Administrator
SUMMARY OF INFORMATION:
To create a more proactive nuisance enforcement process, it is proposed that Chapter
94, Vegetation, be amended to the Nuisance chapter to include weeds, trees, hedges,
trash, stagnant water, vehicle tires, and infestation. To promote this proactive method,
a civil penalty system has been suggested.
SUMMARY OF PROPOSED CHANGES:
SECTION 94.1 Definitions
Adds the definitions for each type of nuisance and expands who is responsible for said
violations.
SECTION 94-3 Declaration of nuisances; abatement required
Lists each type of nuisance. Weeds, trees, hedges, trash, stagnant water, vehicle tires,
and infestations.
SECTION 94-5 Report of violation
Any person aggrieved by a nuisance may report it.
SECTION 94-7 Inspection of site violation: notice to abate
Describes the inspection process.
SECTION 94-9 Failure to abate nuisances
Describes the process should the nuisance continue after notification.
SECTION 94-11 Civil penalties
Describes the civil penalty system for nuisances.
SECTION 94-13 Criminal penalties
Describes the criminal penalty system for nuisances.
STAFF RECOMMENDATION:
Staff is continuously reviewing City Code and recommends making these changes to keep it
up to date and applicable.
AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 94 VEGETATION
OF THE CODE OF THE CITY OF SALEM, VIRGINIA.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, THAT SECTION
30-4, REMOVAL OF TRASH, GARBAGE, ETC. BE REPEALED AND CHAPTER 94
NUISANCES BE ADOPTED, AMENDED, REVISED, AND REORDAINED, AND THE
CODE OF THE CITY OF SALEM, VIRGINIA TO READ AS FOLLOWS:
Chapter 94 – Vegetation Nuisances
Sec. 94-1. - Cutting grass, weeds, etc.
All persons shall keep their premises, whether owned, leased, occupied, or in
their charge, clear of grass, weeds and other foreign growth and, if after written
notice from the city manager or the building official, such grass, weeds and
foreign growth are not cut within a period of 15 days from such notice, then the
person in question shall be guilty of a class 4 misdemeanor. After the expiration
of such 15 days, the city manager or the building official may cause such grass,
weeds and other foreign growth to be cut and removed, where necessary, and
the cost thereof shall thereupon be chargeable to and be collected from the
owner of the premises in question, or the person leasing, occupying or having
such premises in his charge, as taxes or levies are or may be collected.
Sec. 94-1. - Definitions.
The following words, terms, and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
Abatement cost: The city’s cost of labor, equipment, and supplies for, or
the contract price of, and any charges to, the city, with respect to the
removal and disposal of weeds or trash from a parcel.
Enforcement agent: ·The City Manager or his designee.
Owner:· Any person shown by any public record to have an interest in
real estate lying within the city corporate limits upon which a nuisance exists
as of the date of the abatement of the nuisance under this section. Owner
shall also mean any person having charge thereof as an executor,
administrator, trustee, guardian or agent, and the beneficiary of any
easement or right of use thereof.
Parcel: Any real estate (and any interest therein) lying in the City of
Salem, Virginia, identified by a City of Salem Official Tax Map Number,
and including the area in the public right-of-way which is between the
property line of the real estate which is identified by a City of Salem
Official Tax Map Number and the curb, the improved portion of a
roadway, or the centerline of any alley or unimproved street.
Responsible party: Includes, but is not limited to, the owner, occupier, or
possessor of the premises where the nuisance is located.
Rubbish: Combustible and noncombustible waste materials, except
garbage; the term shall include the residue from burning of wood, coal, coke,
and other combustible materials, papers, rags, cartons, boxes, wood, excelsior,
rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter,
glass, crockery and dust and other similar items.
Trash: Abandoned personal property, garbage, refuse, rubbish, litter,
or debris on any parcel which might endanger the health of other residents
of the city.
Weed or weeds: Any plant, grass or other vegetation over ten (10)
inches in height growing upon a parcel in the City of Salem, excluding
trees, ornamental shrubbery, vegetable and flower gardens purposefully
planted and maintained by the property owner or occupant free of weed
hazard or nuisance, cultivated crops, or undisturbed woodland not
otherwise in violation.
Sec. 94-3 Declaration of nuisances; abatement required .
It shall be unlawful for any person who owns or occupies property
to permit a nuisance as set forth in this chapter to exist on any parcel
within the corporate limits of the city. The responsible party shall abate
any nuisance as defined herein. The following conditions, when allowed to
exist on property, are hereby declared to be nuisances:
1. Weeds growing on any parcel except weeds on property zoned
AG Agricultural or in active farming operation, or in the case of a
parcel greater than one (1) acre in area natural vegetation
growing more than fifty feet from every property line shall not
constitute a public nuisance.
2. Trees or parts thereof in danger of falling or have fallen onto
neighboring property, buildings, structures, vehicles, or any
public right-of-way. Trees growing into a structure resulting in
damage to structural elements shall also be deemed a
nuisance.
3. Hedges, shrubs, trees or other vegetation, any part of which
extends or protrudes into any street, sidewalk, public right-of-
way, grass strip or alley so as to obstruct or impede or
threaten the safe and orderly movement of persons or
vehicles.
4. Trash, as defined herein, which is not contained in an
approved container that conforms to the requirements of
Sections 70-42 and 70-45.
5. Accumulation of stagnant water leading to the breeding of
mosquitoes.
6. Vehicle tires that have been removed from the rim.
7. Infestation by bats, rodents, insects, arachnids, or vermin.
8. Any other condition that threatens the health, safety, order,
and convenience of the public.
Sec 94-5 Report of violation
Any person aggrieved by any of the above nuisances may report
such violation to the enforcement agent.
Sec. 94-7. - Inspection of site of violation: notice to abate.
Upon receipt of a report the enforcement agent shall cause the
site of the reported violation to be inspected pursuant to applicable
constitutional and statutory provisions. When the enforcement agent
has determined from such reports and inspections or otherwise that a
violation in fact exists, he shall issue a notice of violation to the
responsible parties. A notice of violation shall be posted on the
property if possible and mailed by U. S. Postal mail to the address on
the real estate record. For the nuisance of weeds, only one notice of
violation shall be issued per growing season (April 1 until November
1). The notice of violation shall instruct the responsible party to abate
the nuisance within fifteen (15) days of the delivery, mailing, or
posting of the notice.
Sec. 94-9 Failure to abate nuisances
1. After the expiration of such 15 days, the enforcement agent may cause
the removal of the nuisance, where necessary, and the cost thereof,
including an administrative fee, shall thereupon be chargeable to and
be collected from the responsible parties, as taxes or levies are or may
be collected.
2. Every charge which remains unpaid shall constitute a lien again such
property ranking on a parity with liens for unpaid real estate taxes.
Sec. 94-11 Civil penalties
1. Violations of this chapter shall be subject to a civil penalty, not to
exceed $50 for the first violation, or violations arising from the same set
of operative facts. The civil penalty for subsequent violations not
arising from the same set of operative facts within 12 months of the first
violation shall not exceed $200. Each business day during which the
same violation is found to have existed shall constitute a separate
offense. In no event shall a series of specified violations arising from
the same set of operative facts result in civil penalties that exceed a
total of $3,000 in a 12-month period.
2. Should the responsible party wish to appeal to the General District
Court, a hearing shall be set, and the responsible party shall be
notified.
Sec. 94-13 Criminal penalties
Except as provided in this subsection, civil penalties shall be in lieu of
criminal penalties and shall preclude prosecution of such violation as a
misdemeanor. However, such violations shall be a Class 3 misdemeanor in the
event three civil penalties have previously been imposed on the same
defendant for the same or similar violation, not arising from the same set of
operative facts, within a 24-month period. Classifying such subsequent
violations as criminal offenses shall preclude the imposition of civil penalties for
the same violation.
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:
Mayor
ATTEST:
H. Robert Light
Clerk of Council
City of Salem, Virginia
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA
HELD AT THE ANDREW LEWIS MIDDLE SCHOOL AUDITORIUM
MEETING DATE: June 14, 2021
AGENDA ITEM: Second Reading of the Ordinance adopting the fiscal year 2021-2022
budget
SUBMITTED BY: Rosemarie B. Jordan, Finance Director
SUMMARY OF INFORMATION:
The adoption of the FY 2021-2022 budget is being requested to fulfill our legal requirement
of adopting and having a first and second reading of the adoption ordinance before July 1.
Approval of the City budget is for informative and fiscal planning purposes only and does
not actually commit or appropriate funds for expenditure. The commitment of funds will not
occur until the approval of the second reading of the FY 2021-2022 appropriation
ordinance. Attached are revisions to the proposed budget that was presented on April 16,
2021. Also attached is the ordinance adopting the fiscal year 2021-2022 budget for the
City of Salem.
STAFF RECOMMENDATION:
Staff recommends approving the second reading of the 2021-2022 fiscal year budget
adoption ordinance.
Item #5E
Date: 6-14-21
AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF SALEM, VIRGINIA FOR THE FISCAL
YEAR BEGINNING JULY 1, 2021.
WHEREAS, Section 15.2-2503 of the 1950 Code of Virginia, as amended, provides that
the governing body of the City shall prepare and approve an annual budget; and
WHEREAS, said budget shall be prepared and approved for informative and fiscal
planning purposes only; and
WHEREAS, the budget contains a complete itemized and classified plan of all
contemplated expenditures and all estimated revenues for the ensuing year; and
WHEREAS, a brief synopsis of said budget was published as required by the provisions of
Section 15.2-2506 of the State Code, and the public hearing as required thereon was held on
May 24, 2021;
NOW THEREFORE, be it ordained by the Council of the City of Salem Virginia that the
budget for fiscal year beginning July 1, 2021 is hereby adopted.
This ordinance shall be in full force and effect on and after July 1, 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 –
Passed:
Effective:
/s/ Renee F. Turk
Mayor
ATTEST:
H. Robert Light
Clerk of Council
City of Salem, Virginia
Revenue Budget Originally Presented $ 84,004,182
10‐012‐0100‐41400 Current Personal Property Taxes 195,000
10‐012‐0100‐46180 Court Cost Collection Program 3,429
10‐019‐0100‐48225 Registrar/Electoral Board (8,195)
10‐030‐0100‐48395 Police State Grants 15,000
General Fund Revenue Budget‐Adjusted $ 84,209,416
Expenditure Budget Originally Presented $ 84,004,182
Various Spread raises to salary/fringe accounts 1,658,838
10‐012‐5355‐56001 Office Supplies (2,248)
10‐012‐6100‐59440 Transfer to School Board 128,278
10‐012‐9102‐59420 Transfer to Debt Service 3,093
10‐012‐9104‐51850 Compensation Adjustment (1,709,403)
10‐012‐9110‐59500 Contingency 30,072
10‐016‐1251‐58001 Machinery and Equipment 30,000
10‐016‐1251‐58006 Computer Equipment (25,000)
10‐019‐1320‐51300 Part‐Time Salaries‐Regular 19,695
10‐019‐1320‐53200 Temporary Services (19,695)
10‐019‐1321‐51300 Part‐Time Salaries‐Regular 442
10‐019‐1321‐52100 FICA 33
10‐028‐2180‐51200 Salaries‐Overtime 3,040
10‐029‐2212‐51100 Salaries‐Regular (4,247)
10‐029‐2212‐52100 FICA (326)
10‐029‐2212‐52200 VRS Retirement (775)
10‐029‐2212‐52400 VRS Life Insurance (56)
10‐029‐2212‐52450 Disability Insurance (52)
10‐029‐2212‐56001 Office Supplies 5,456
10‐029‐2214‐51300 Part‐Time Salaries‐Regular 3,000
10‐029‐2214‐52100 FICA 229
10‐029‐2214‐56001 Office Supplies 200
10‐030‐3110‐51200 Salaries‐Overtime 5,500
10‐030‐3110‐55859 State Grants 15,000
10‐030‐3140‐56012 Books And Subscriptions 11,500
10‐032‐3210‐51200 Salaries‐Overtime 33,577
10‐032‐3210‐51205 Salaries‐Overtime FLSA 28,083
10‐042‐4110‐58004 Motor Vehicles and Equipment (9,000)
General Fund Expenditure Budget‐Adjusted 84,209,416$
Revenue Budget Originally Presented 4,898,589$
Transfer from General Fund (16,906)
Debt Service Fund Revenue Budget‐Adjusted $ 4,881,683
General Fund Budget for FY2021‐2022
Debt Service Fund Budget for FY2021‐2022
Expense Budget Originally Presented 4,898,589$
City Debt Service ‐ Interest (16,906)
Debt Service Fund Expense Budget‐Adjusted $ 4,881,683
Expense Budget Originally Presented 9,089,799$
Various Spread raises to salary/fringe accounts 110,371
Various Compensation Adjustment (112,562)
51‐012‐0026‐51500 Vacation Buyback (130)
51‐051‐0021‐59500 Contingency 2,321
Water Fund Expense Budget‐Adjusted 9,089,799$
Expense Budget Originally Presented 7,855,019$
Various Spread raises to salary/fringe accounts 41,001
52‐052‐0031‐51850 Compensation Adjustment (40,700)
52‐052‐0031‐58004 Motor Vehicles and Equipment (17,000)
52‐052‐0031‐59500 Contingency 16,699
Sewer Fund Expense Budget‐Adjusted 7,855,019$
Expense Budget Originally Presented 3,771,768$
Various Spread raises to salary/fringe accounts 56,273
53‐053‐0041‐51850 Compensation Adjustment (57,012)
53‐053‐0041‐59500 Contingency 739
Civic Center Fund Expense Budget‐Adjusted 3,771,768$
Expense Budget Originally Presented 40,262,333$
Various Spread raises to salary/fringe accounts 141,975
54‐054‐0015‐52850 Compensation Adjustment (141,975)
Electric Fund Expense Budget‐Adjusted 40,262,333$
Expense Budget Originally Presented 701,332$
Various Spread raises to salary/fringe accounts 13,978
55‐055‐0051‐51850 Compensation Adjustment (14,728)
55‐055‐0051‐59500 Contingency 750
Catering Fund Expense Budget‐Adjusted 701,332$
Catering Fund Budget for FY2021‐2022
Water Fund Budget for FY2021‐2022
Sewer Fund Budget for FY2021‐2022
Civic Center Fund Budget for FY2021‐2022
Electric Fund Budget for FY2021‐2022
Expense Budget Originally Presented 11,346,300$
Spread raises to salary/fringe accounts 6,998
Health Claims (6,998)
Health Insurance Fund Expense Budget‐Adjusted 11,346,300$
Health Insurance Fund Budget for FY2021‐2022
1
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA
HELD AT ANDREW LEWIS MIDDLE SCHOOL AUDITORIUM
MEETING DATE: June 14, 2021
AGENDA ITEM: Second Reading of the Ordinance to appropriate funds for the fiscal
year 2021-2022 budget
SUBMITTED BY: Rosemarie B. Jordan, Finance Director
SUMMARY OF INFORMATION:
The fiscal year 2021-2022 budget was presented to the Council on April 16, 2021. A copy
of the budget was made available to the public on the City website
http://www.salemva.gov/Departments/Finance. A public hearing was held on May 24, 2021
to receive written and oral comment from the public concerning the budget .
In addition to adopting the annual budget, the local government must also appropriate the
funds. A first reading of the ordinance appropriating the funds for the fiscal year 2021-2022
budget was approved on May 24, 2021. This is the second reading of that ordinance.
STAFF RECOMMENDATION:
Staff recommends approval of the second reading of the fiscal year 2021-2022 budget
appropriation ordinance.
Item #5F
Date: 6-14-21
AN ORDINANCE APPROPRIATING FUNDS FOR THE OPERATION OF THE CITY OF SALEM,
VIRGINIA, FOR THE FISCAL YEAR BEGINNING JULY 1, 2021, AS AMENDED.
WHEREAS, this budget is in accordance with the provisions of Section 8.3 of the Charter
of the City of Salem, and the applicable state laws; and
WHEREAS, noted in this budget is the following:
• The budget incorporates increases in sales, business license, meals and lodging
taxes due to some recovery from the pandemic. Interest earnings are projected
to decrease due to lower interest rates.
• The budget includes raises of 5% for full-time employees and additional
increases for public safety employees.
• The General Fund budget includes $1,241,985 for capital purchases and
$1,363,091 in reserve for any emergencies.
• Electric rates will change with an increase in the power cost adjustment from
$0.00 per KWH to $0.0039 per KWH in the proposed budget.
All ordinances or parts of ordinances in conflict with the provisions of this ordinance be
and the same are hereby repealed.
NOW THEREFORE, be it ordained by the Council of the City of Salem, Virginia that the
funds for operation of the City of Salem for the fiscal year beginning July 1, 2021 are hereby
appropriated.
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/ Renee F. Turk
Mayor
ATTEST:
H. Robert Light
Clerk of Council
City of Salem, Virginia
IN THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, JUNE 14, 2021
RESOLUTION 1401
Honoring the Service and Career of Wayne G. Strickland on His Retirement as Executive
Director of the Roanoke Valley-Alleghany Regional Commission
WHEREAS, on March 25, 2021, Wayne G. Strickland announced his retirement as Executive
Director of the Roanoke Valley-Alleghany Regional Commission effective June 30, 2021, after 42 years of
service to the City of Salem and the region; and
WHEREAS, Mr. Strickland earned a bachelor’s degree and a master’s degree in Political Science
and Geography from Georgia State University in 1972 and 1974, respectively, and in 1979, earned a
Master of City Planning degree from the Georgia Institute of Technology; and
WHEREAS, in 1979, Mr. Strickland joined the Regional Commission, then known as the Fifth Plan-
ning District Commission, as a Regional Planner; and
WHEREAS, in 1981, he was promoted to Chief of Land Use and Environmental Planning; and
WHEREAS, in 1987, Mr. Strickland became Executive Director of the Regional Commission and
has served in that capacity for 34 years; and
WHEREAS, many key regional initiatives such as the Greenway Commission, Western Virginia
Water Authority, the Regional Comprehensive Economic Development Strategy, the Partnership for a
Livable Roanoke Valley, and the Roanoke Valley Broadband Authority benefited from Mr. Strickland’s
support during his tenure, and have been supported by the Regional Commission in numerous ways since
their inception; and
WHEREAS, during his time at the Commission, Wayne has participated in numerous business and
civic activities in the Roanoke Valley-Alleghany region such as serving as a Board member of the Roanoke-
Blacksburg Technology Council, the Roanoke Regional Chamber of Commerce, Freedom First Credit
Union, the Roanoke Valley Chapter of Habitat for Humanity, the Cabell Brand Center, the Council of
Community Services, the Roanoke Valley Convention and Visitors Bureau, and the Arts Council of the
Blue Ridge; and
WHEREAS, Mr. Strickland also assumed leadership roles in various professional organizations
during his tenure as Executive Director including serving as a member of the Board of Directors for the
National Association of Development Organizations, Chairman of the Southeast Regional Directors
Institute, President of the Development District Association of Appalachia, President of the Rural Planning
Caucus of Virginia, President of the Southwest Virginia Chapter of the American Society for Public Admin-
istration, Vice-President of the Virginia Chapter of the American Planning Association, and Second Vice-
President of the Virginia Association of Planning District Commissions.
NOW, THEREFORE BE IT RESOLVED, that the Council expresses its sincere appreciation to,
and honors the outstanding service and career of, Wayne G. Strickland in his role as Executive Director of
the Roanoke Valley-Alleghany Regional Commission; and
BE IT FURTHER RESOLVED that the Council extends its best wishes to Mr. Strickland for a happy
retirement and in all of his future endeavors.
Item #6A
Date: 6-14-21
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
City of Salem, Virginia
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA
HELD AT ANDREW LEWIS MIDDLE SCHOOL AUDITORIUM
MEETING DATE: June 14, 2021
AGENDA ITEM: Request to appropriate additional highway maintenance
funding from the state for various projects
SUBMITTED BY: Rosemarie B. Jordan
Director of Finance
SUMMARY OF INFORMATION:
The City receives highway maintenance funding each year and any unspent funds may be
carried forward to the subsequent fiscal year. An appropriation of $936,100 from carryover
funds is needed to cover certain projects completed in fiscal year 2021. These projects
include right-of-way tree trimming on primary and collector roads, downtown improvement
projects at College Avenue and Broad Street, and Kesler Mill Road drainage
improvements.
FISCAL IMPACT:
Highway maintenance funds may only be used for maintenance costs as determined by the
State. These projects fall within the guidelines of the highway maintenance program.
STAFF RECOMMENDATION:
Staff recommends appropriating $936,100 of carryover funds to the following accounts:
10-018-4003-53814, Sidewalk, Curb and Gutter $41,800 Broad St Downtown
10-018-4003-53829, Tree Trimming/Replacement $133,910 Right of Way Trimming
10-018-4010-53811, Resurfacing $188,205 College Ave Downtown
10-018-4011-53825, Storm Drains – Maintenance $530,000 Kesler Mill Drainage
10-018-4012-53829, Tree Trimming/Replacement $42,185 Right of Way Trimming
$936,100
Item #6C
Date: 6-14-21
Budget Entry
Date GL Account Account Name
Increase/
(Decrease)Description
6/14/2021 10‐012‐0100‐40200 Designation Of Beginning Fund Balance 936,100 Appropriate carryover highway maintenance funds per 6/14 action
6/14/2021 10‐018‐4003‐53814 Sidewalk, Curb And Gutter 41,800 Appropriate carryover highway maintenance funds per 6/14 action
6/14/2021 10‐018‐4003‐53829 Tree Trimming/Replacement 133,910 Appropriate carryover highway maintenance funds per 6/14 action
6/14/2021 10‐018‐4010‐53811 Resurfacing 188,205 Appropriate carryover highway maintenance funds per 6/14 action
6/14/2021 10‐018‐4011‐53825 Storm Drains ‐ Maintenance 530,000 Appropriate carryover highway maintenance funds per 6/14 action
6/14/2021 10‐018‐4012‐53829 Tree Trimming/Replacement 42,185 Appropriate carryover highway maintenance funds per 6/14 action
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM,
VIRGINIA HELD AT ANDREW LEWIS MIDDLE SCHOOL AUDITORIUM
MEETING DATE: June 14, 2021
AGENDA ITEM: Request to amend School Operating Fund budget as approved
by the School Board on June 8, 2021
SUBMITTED BY: Rosemarie B. Jordan, Director of Finance
SUMMARY OF INFORMATION:
The School Operating Fund budget was amended for fiscal year 2020-2021 by the School
Board at their meeting on June 8, 2021. The Board amended the School Operating Fund
budget to decrease revenues and expenditures by $300,000. The attached memo details
the appropriation changes.
FISCAL IMPACT:
Appropriation changes totaling $300,000 are to be made to the School Operating Fund.
STAFF RECOMMENDATION:
Staff recommends that Council approve the School Board’s appropriation changes of
$300,000 to the School Operating Fund per the attached report. Staff also recommends
decreasing the budget for account 10-012-6100-59440, Transfer to School Board, and
increasing the budget for account 10-012-9110-59500, Contingency, by $300,000.
Item #6D
Date: 6-14-21
Salem City Schools
Year-End Budget Amendments FY 21
June 8, 2021
Summary of Issue:
Presented for your consideration are amendments to the 2020-2021 School
Operating Fund budget, School Grant Fund budget and School Capital Project
Fund budget. Amendments are required for a variety of reasons. When the
Board adopts the budget, it is based on known facts and assumptions made
throughout the budget process. Over time, these assumptions change;
demands may be made by parents and/or students, state mandates previously
unknown may come in to play, student enrollment may change, and even the
Board itself may place additional requirements on school finances.
School Operating Fund remains in a positive financial position.
Local Revenue is decreased by $300,000 due to the returned funding to
the City, as desired by the School Board.
Expenditures are decreased by the same $300,000 net amount in the
contingency line item where excess is available at this time (was held
back due to COVID).
Policy Reference:
DA-BR Budget Transfers
Fiscal Impact:
The budget adjustments in the attachment will decrease the revenue and
expenditure budgets in the school operating fund in total by the same amount of
$ 300,000.
Recommended Action:
Move approval of the budget amendments in the School Operating Fund as
presented and recommend that City Council approve the same .
To set up budget for new revenues received/transferred in FY 21
Account Code Description
Revenue
Amount
Expenditure
Amount
30-170-67-67-9-720-63005 Transfer from General Fund (300,000.00)$
30-170-67-67-9-720-79999 Contingencies (300,000.00)$
(300,000.00)$
Salem City Schools
Budget Adjustments 6/8/2021
Budget Entry
Date GL Account Account Name
Increase/
(Decrease)Description
6/14/2021 10-012-6100-59440 Transfer To School Board (300,000) Reduce budget for Schools transfer per 6/14 action
6/14/2021 10-012-9110-59500 Contingency 300,000 Reduce budget for Schools transfer per 6/14 action
Item #6E
Date: 6-14-21
JUNE 7, 2021
PROJECT: SIMMS FARM SECTION 1
UPLAND DRIVE
OWNER: SIMMS PROPERTY LLC
Listed below are the physical improvements to be constructed in conjunction with
the subdivision of the property of the referenced owner, and the recommended
security required for each from the developer.
1. Public Right of Way Improvements $106,651.00
2800 SY Pavement Section
1615 LF CG-6 Curb & Gutter
67 LF CG-2 Curb & Gutter
815 LF Sidewalk
2. Storm Drainage 25,500.00
4 EA Curb Inlet DI-3 Series
270 LF 15” HDPE Pipe
1480 LF Ditch w/ EC—3A Lining
3. Waterline 46,100.00
770 SF 8” Waterline
1 EA Fire Hydrant Assembly
5 EA 8” Gate Valve
26 EA Single Water Meter Setters
4. Sanitary Sewer 54,960.00
779 LF 8” Sanitary Sewer Line
26 EA 4” Residential Laterals
5 EA Standard Manhole
5. Miscellaneous 15,000.00
1 LS SWM Facility
6. Erosion and Sediment Control 53,700.00
2700 LF Silt Fence
670 LF Temporary Diversion Dike
4 EA Inlet Protection
2 EA Outlet Protection
4 EA Rock Check Dam
283000 SF Temporary Seeding
283000 SF Permanent Seeding & Mulching
1 EA Sediment Basin
50 LF Temporary Right of Way Diversion
1 EA Construction Entrance
35000 SF Blanket Matting
7. As-Builts 2,500.00
SUBTOTAL: $304,481.00
10% CONTINGENCY: 30,448.00
TOTAL: $334,929.00
Item #6F
Date: 6-14-21