Loading...
HomeMy WebLinkAbout4/10/2017 - City Council - Agenda -RegularCity Council Meeting A G E N D A Monday, April 10, 2017, 12:00 PM Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 24153 1.Call to Order 2.Pledge of Allegiance 3.Bid Openings, Awards, Recognitions 4.Consent Agenda A.Minutes Consider acceptance of minutes from the March 27, 2017, Work Session and regular meetings. 5.Old Business A.Amendment to Zoning Ordinance Hold a public hearing and consider ordinance on second reading, the request of William D. and Mary Ann J ones, property owners, for rezoning the property located at 146 West Fourth Street, (Tax Map #161-7-4) from BC D Business C ommerce District to HBD Highway Business District. (Approved on first reading at the March 27, 2017 meeting). B.Amendment to Zoning Ordinance Hold a public hearing and consider ordinance on second reading, the request of Turner Morgan LLC, property owner for rezoning two parcels located at 803-813 Eighth Street and three parcels fronting on vacated Carolina Avenue (Tax Map # 186-11-2&3 and 186-3-2, 3 & 4) from BC D Business C ommerce District to HBD Highway Business District. (Approved on first reading at the March 27, 2017 meeting). C.Vacation of Right of Way Receive viewers report and consider ordinance on first reading to permanently vacate a portion of an existing 15' public alley beginning at a point on the north side of West First Street and extending to the adjacent property owner to the north which is approximately 267.67' in the City of Salem. (As advertised in the March 12, and March 19, 2017, issues of The Roanoke Times). 6.New Business A.Boards and Commissions Consider appointments to fill vacancies on various boards and commissions. 7.Closed Session A.Closed Session Hold a closed Session pursuant to provision of Section 2.2-3711A(3) of the 1950 C ode of Virginia, as amended, to discuss property the City may wish to sell. 8.Adjournment T he Audit-Finance C ommittee meeting for Monday, April 10, 2017 is canceled. T he April 10, 2017, Work Session meeting will be replaced with the Annual Budget Work Session meeting which will immediately follow the C ouncil Meeting at 12 noon. ITEM #TA DATE L+-lD-lr? UNAPPROVED MINUTES CITY COUNCIL WORK SESSION March 27, zotT A work session of the Council of the City of Salem, Virginia, was held in the Council Chambers Conference Room, u4 North Broad Street, Salem, Virginia, on March 27,2oa7, at 6:3op.m., there being present the following members of said Council, to wit: Byron Randolph Foley, William D. Jones, Jane W. Johnson, James A. Martin, and James L. Chisom; with Byron Randolph Foley, presiding; together with Kevin S. Boggess, City Manager (absent); James E. Taliaferro, ll, Assistant City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Melinda J. Payne, Director of Planning and Economic Development; Benjamin W. Tripp, City Planner; Beth Doughty, Executive Director, Roanoke Regional Partnership; and the following business was transacted : Mayor Foley reported thatthis date, place, and time had been set in orderforthe Council to hold a work session; and WHEREAS, Ms. Doughty gave the annual update on the Roanoke Regional Partnership; and WHEREAS, Mr. Tripp gave an update to Council on Urban Development Area (UDA) G rants; WHEREAS, there were no other topics for discussion. There being no further business to come before the Council, the work session was adjourned at 7:25 p.m. Mayor Clerk of Council City Council Meeting MINUTES Monday, March 27.2017,7:30 PM Council Chambers, City Hall, 114 North Broad Street, Salerq Mrginia 24153 1. Call to Order A regular meeting of the Council of the City of Salenr, Mrginia, was called to order at 7:30 p.rn, there being present the following members to wit: Byron Randolph Foley, Mayor, William D. Jones, Mce-Mayor, Council members: Jane W. Johnsoq James A. Martiq and James L. Chisom; along with Kevin S. Boggess, City Manager; James E. Taliafeno, II, Assistant City Manager and Clerk of Council; Melinda J. Payne, Director of Economic Development; Rosemarie B. Jordarl Director of Finance; Charles E. VanAllmaq Jr., Director of Conrnunity Development; Mike Stevens, Conrnunicatiors Director; and Stephen M. Yost, City Attomey. 2. Pledge of Allegiance 3. Bid Openings, Awards, Recognitions 4. ConsentAgenda A. Minutes Consider approval of the minutes from the special meeting on March 8, 2017 and the regular meeting on March13,2017. Approved as presented B. Financial Report Corsider acceptance of the Statement of Revenues and Expendihres for eight months ending February 28,2017. Received as presented 5. Old Business A. Taxicabs Consider issuance of Certificates of Public Convenience and Necessity for the next twelve ( 12) months, beginning April | , 2017 continued from March 13, 2Ol7 meeting. (Date set for public hearing at January 23,2017 meeting. Advertised in the February 23,ardMarch2,2Ol7, issues of the Salem Times Register.) Mayor Foley noted that several of the taxi conpanies were considered at the last meeting and two of those were approved. Two other applicants, Salem Cab Services, LLC, trading as Salem Taxi and Roanoke Taxi, and City Cab were continued until this meeting. He asked City Attomey Steve Yost if he had connnents regarding the report from Offrcer Critz regarding the one conpany. Mr. Yost noted that he had received the report as had Council members. The Police Department recommends that Council approve and grant a certificate of Public Convenience and Necessity to East Coast Petroleum trading as City Cab. He believes in light of the report on the other applicant that the reconnnendation is that Council take no action on the application of Salem Cab Services, LLC, and to not gant a certificate at this time, but the City could recorsider if they can recti! the problems as set forth in the police report at another time. Mce Mayor Jones noted that as of March 3 I they will be unable to operate in Salern Mr. Yost noted that this is correct as the current certificate expires on March 31. Mayor Foley asked what would be the administrative difference of denying versus not approving. Mr. Yost noted that he thought ifthey denied the request then it would require them to refile the application whereas if they merely take no action the application is still on the table. This will give the applicant an opporhrnity to rectifr the deficiencies within the next several weeks. They would not have to go thLrough another public hearing and the full application process, but ofcourse, Council can do what they think is appropriate. Mr. Martin asked if Salem Cab Services is aware of these most recent deficiencies outlined by Officer Critz. Mayor Foley noted that he would assume that Officer Critz delivered them a copy of the report. Mr. Taliafeno noted that Officer Critz met with them this moming. Mayor Foley asked what Council thought about the request for Salem Cab. Do we want to make it more of a burden for them to go th,rough the process again because of their inability to meet the requirements? Or do we just want to sinply continue it? Mrs. Johnson noted that she is concemed that it sets a precedence when some of the deficiencies includes going two years without a business license. She does not want to hurt their ability to have an income, but at the same time we need to send a message that this is not the way to do business in Salem She asked what would be the cost to submit a new application. Mr. Yost noted he thought it primarily would be the public hearing and it has to be advertised in the newspaper. There was further discussion regarding the Salem Cab Services' application Mr. Yost noted that any certificate that is gmnted expires on March 31 of each year, but Council can grant a certificate at any time during the year. Mr. Taliaferro noted that Salem Cab is also Roanoke Taxi, and he believes that they both were cited. So if Council would like to deny the request then we should probably deny both ofthenl Roanoke Taxi and Salem Cab. Mr. Yost noted that the corporate entity is Salem Cab Service LLC based upon their application He stated if we say that we are denying this corporate entity a certificate and they have multiple trade names, then it would cover them all. Mr. Taliaferro noted that there were two applicatiors submitted, one for Roanoke Taxi and one for Salem Cab Service. Mr. Yost noted if there were two applications filed then Council could say that both applications of Salem Cab Service LLC are denied. James Chisom motioned to award the certificate of Public Convenience and Necessity to East Coast Petroleum and Trading tnc., trading as City Cab, and to deny two applications for Salem Cab Service, LLC. James Martin seconded the motion Ayes: Chisonr, Foley, Jotrsoq Jones, Martin 6. New Business A. Amendment to Zoning Ordinance Hold a public hearing and consider ordinance on first reading the request of William D. and Mary Ann Jones, property owners, for rezoning the property located at 146 West Fourth Street, (Tax Map #16l-74) from BCD Business Commerce District to HBD Highway Business District. (Advertised in the March 9 and 16, 2017 issues of the Salem Times Register.) Recommend approval with no conditions; see Page 1 PlanningCommissionMinutes.) STAFF REPORT Staff noted the following: the subject property corsists of one parcel of approximately an acre; it is located on the south side of Fourth Street, to the west of the intersection with Union Street; the property is currently occupied by a single multi-tenant commercial building; the applicant is requesting to rezone the property to HBD in order to have more flexibility for potential tenants; and this property is located within the 100-year floodplain. Mayor Foley asked if we had anything from city staff on this request. Mr. Taliaferro asked if Mr. Jones should announce that he is abstaining and Mr. Yost noted that when the vote comes, yes, he should announce he is abstaining. Mr. Yost noted that Mr. Jones and he had spoken about the arrangement and how this should be handled. He suggested to him when it is called on the agenda that he should remove B. himself from the council seating rn{rich he has done, and as some point he will take the lectem and make his request and then he will sit back down in the audience until a motion has been made and seconded. Then he will reseat himself and as a result of this being property he owrs, he has a personal interest in the transaction under the conllict of interest act and then he would abstain from voting at that time. Mr. Taliaferro noted that staff has reviewed the request. This request and the next one on the agenda are very similar. Both of them are currently zoned Business Cornnrerce, and they are requesting to rezone to Highway Business. In this request, the petitioner would like to have more opportunity to market the property. He further explained the current zoning and the proposed zoning. The Future I-and Use Plan calls for cornrnercial so the proposed zoning conforms with the future land use. Mayor Foley opened the public hearing and asked Mr. Jones if he would like to say anything about the request. Wlliam Jones of 602 Highfield Road, property owner, appeared before the Council explaining the request. He noted that sinply he would like to rezone to make it easier to rent the upstairs space, and while things are hot as far as rental property goes, he would like to be able to lease the space. Mayor Foley asked if anyone would like to come forward and speak on this issue. There was no response, and the public hearing was closed. Jane Johrnon motioned to approve the ordinance on first reading, the request of William D. and Mary Ann Jones, property owners, for rezoning the property located at 146 West Fourth Street (Tax Map #161-74) from BCD Business Commerce District to HBD Highway Business District. James Chisom seconded the motion Ayes: Chisorq Foley, Johnson, Martin Abstain: Jones Amendment to Znning Ordinance Hold a public hearing and consider ordinance on first reading, the request of Tumer Morgan LLC, property owner for rezoning two parcels located at 803-813 Eighth Street and tlnee parcels fronting on vacated Carolina Avenue (Tax Map # 186-11- 2&3 ard 186-3-2,3 & 4) from BCD Business Commerce District to HBD Highway Business District. (Advertised in the March 9, and 16, 2017 issues of the Salem Times Register.) Reconrnend approval with no conditiors; see Page 2 Planning Commission Minutes.) STAFF REPORT Staff noted the following: the subject property corsists of five parcels of approximately I .4 acres; they are located on the north side of Eighth Street, at the C. northeast comer of the intersection with Iowa Street; the property is currently occupied by a multi-tenant commercial building; and the applicant is requesting to rezone the property to HBD in order to have more flexibility for potential tenants. Mr. Taliafeno noted this is very similar request to the previous request. The petitioners would like to have more economic oppornrnity and uses for the property. The property currently is zoned BCD, and they would like to rezone to HBD. Further, the request conforms to the Future Iand Use Plan. Mayor Foley opened the public hearing and asked if anyone else would like to speak regarding this matter. There was no response, and the public hearing was closed. James Chisom motioned to approve the ordinance on first reading the request of Tumer Morgan LLC, property owner, for rezoning two parcels located at 803-8 13 Eighth Street and three parcels fronting on vacated Carolina Avenue (Tax Map #s 186-11-2&3 and 186-3-2, 3&4) from BCD Business Commerce District to HBD Highway Business District. William Jones seconded the motion Ayes: Chisonl Foley, Johnson, Jones, Martin East Main Street UDA Hold a public hearing and corsider adopting resolution l3 12 for recommendation regarding the East Main Street Urban Development Area (UDA) plan and for amending "The Conprehersive Plan for the City of Salem" to reflect the addition (Advertised inthe March9, ard16,2017 issues of the SalemTimes Regrster.) Mayor Foley noted that staffhas requested that Council consider continuing this request to the April 24,2017, meeting. He asked because it was advertised would Council need to hold the public hearing. Mr. Yost noted they do not have to hold the public hearing this evening unless they want to, but they could certainly listen if anyone came to speak this evening. Mayor Foley asked if there was anyone in attendance who would like to speak on this itenl and there was no response. Jane Johnson motioned to continue the public hearing and the consideration of adopting Resolution 1312 regarding the East Main Street Urban Development Area (UDA) plan and for amending "The Corrprehersive Plan for the City of Salem" to reflect the addition to the April 24,2017 , meeting. James Martin seconded the motion Ayes: Chisorq Foley, Johnsoq Jones, Martin D.Vacation of Right of Way Hold a public hearing and consider adoption of Resolution of 13 13 appointing viewers to consider permanently vacating a portion of an existing 15' public alley beginning at a point on the north side of West First Street and extending to the adjacent property owner to the north which is approxirnately 267.67' in the City of Salem (As advertised in the March 12, and March 19,2017 issues of Ifte Roanoke Times.) Mr. Taliafeno noted that the petitioners would like to vacate an unopened right of way behind Chestnut Manor apartments. The petitioners own both sides of the alley so the alley would be absorbed in their property. He noted that the petitioners are in attendance if Council has any questiors for thern Mayor Foley asked if the petitioners would like to speak. Mayor Foley noted this is a public hearing if anyone would like to speak. Mr. Martin noted he just wanted to confirm that there does not appear to be any utilities underground in this easement. Mr. Taliafeno noted that there are no utilities in the easement. Mayor Foley noted that the public hearing was closed. James Martin motioned to adopt Resolution 1313 appointing viewers to consider permanently vacating a portion ofan existing 15' public alley beginning at a point on the north side of West First Street and extending to the adjacent property owner to the north which is approximately 267.67' in the City of Salem Jane Johnson seconded the motion Ayes: Chisorn, Foley, Johrsoq Jones, Martin Hidden Heroes Corsider adoption of resolution 1314 in support of military and veteran caregivers. Mayor Foley noted that he was approached by a couple ofdifferent people from adjoining localities to participate in this initiative. He is a veteran hirnsell and he knows that we all care about veterans and publicly demonstrate our interest and care for them He noted that this resolution is recognizing those who are care givers to our veterans, Veterars Administration enployees, in home care, etc. He thought it would be nice to show our support ofthese people and to thank them for their service so that is what this resolution is doing. Mayor Foley read Resolution 1314 supporting Salems military and veteran E. F. caregivers into the record. James Chisom motioned to adopt Resolution 1314 in support of military and veteran caregivers. William Jones seconded the motion. Ayes: Chisonl Foley, Johrsoq Jones, Martin Personal Property Tax Relief Act (PPTRA) Consider request to adopt a resolution setting the allocation percentage for personal property tax relief for the 2017 tax year. Audit - Finance Committcc Mce Mayor Jones noted that the Audit Finance committee met earlier today and discussed this itern In December 2005, the Personal Property Tax Relief Act, better known as PPTRA, provided relief to owners of personal use motor vehicles statewide. City Council adopted an ordinance erxacting these changes to the Act in December 2005. The City uses the "Specific Relief' method to allocate the relief at the same percentage across the board to the first $20,000 ofpersonal use vehicle value. Vehicles valued at $1,000 and below receive 100% tax relief. The committee reviewed the request and recommends adoption of this resolution that establishes the percentage reduction for personal property tax relief at 56.05% for the City of Salem for the 2017 tax year. He further noted that Mrs. Jordan can probably explain this in simple terms. Mrs. Jordan noted that the City receives a fixed amoturt from the State of Mrginia, which started during Govemor Gilmore's tenn We have a fixed arnount of $2.58 million dollars that we receive every year which has to be allocated to the personal property vehicles that are for personal use, not business use. Each year the City runs a calculation as to what percentage of relief each vehicle will receive. The proposed new fiscal year calculation is 56.05% which is down from the current year. This means that our assessments have gone up. We have a fixed amount of dollars that have to be allocated across the assessed value ofour vehicles. If your percentage is dropping then it means your assessed values are going up. Any vehicles of$1,000 or less has 100% tax relief. Between $1,000 and $20,000, the individual will get the 56.05%. Above $20,000 in value, the individual will receive relief for the $20,000 and under and pay 100% of the tax on the amount above $20,000 in value. This is adopted each year as a resolution. Mrs. Johruon asked if they are using the Kelley Blue Book to determine the value on vehicles. Mce Mayor Jones noted he thought it was NADA values, and Mrs. Jordan noted she thought it was NADA. G. There was further discussion regarding adopting a resolution setting the allocation percentage for personal property tax relief for the 2017 taxyear. William Jones motioned to adopt Resolution 1315 setting the allocation percentage for personal property tax relief for the 2017 tax year. James Chisom seconded the motion Ayes: Chisonr, Foley, Jotrrsoq Jones, Martin Project Lifesaver Program Consider request to accept and appropriate grant received from Fourdation for Roanoke for the Project Lifesaver Prograrn Audrt - Finance Cornnittcc Vce Mayor noted the primary mission of Project Lifesaver is to provide tinrely response to save lives and reduce potential injury for adults and children who wander due to Alztreimer's. autism and other related conditions or disorders. Citizens enrolled in Project Lifesaver wear a small personal transmitter around the wrist or ankle that emits an individualized tracking signal. lf an enrolled client goes missing, the caregiver notifies the Salem Police Department and trained offtcers respond to the area. The City is resporsible for the cost of supplies such as transmitters, replacement batteries and locator system and currently has five families enrolled in the program The City received a gant of $ 10,000 from Foundation for Roanoke Valley in the current fiscal year, which will be used to purchase these supplies.The City will provide $395 in local match. The Audit Finance conrnittee reviewed and reconnnends acceptance and appropriation of the gant received from Foundation for Roanoke Valley for Project Lifesaver Program Also, any donations not expended in the fiscal year received will be administratively appropriated in the subsequent fiscal year. William Jones motioned to accept and appropriate a $10,000 grant received from Foundation for Roanoke Valley for the Project Lifesaver Program Jane Johrson seconded the motion Ayes: Chisorn, Foley, Jokrsoq Jones, Martin School Operating Fund/School Grant Fund Corsider request to amend School Operating Fund and School Grand Fund budget as approved by the School Board on March 14, 2017. Audit - Finance Committee Mce Mayor Jones noted the Audit Finance met to review this request. The School Operating Fund and Grant Fund budgets were amended for fiscal year 2016- 2017 H. by the School Board at their meeting on March 14,2017. Budget amendments totaling $ I 15,666 and $ 19,641 were presented to increase the revenue and expenditure budgets in the Operating Fund and Grant Fund respectively. The Operating Fund was increased due to receiving National Board Certification funding from the state, an increase in receipts for non-resident tuition and rental fees received. The Grant Fund was amended to increase the Adult Basic Education grant as well as the IAEP grant. All other changes were line-item adjustments within a grant. The committee reviewed the request and recommends amending the School Operating Fund and School Grant flnd budget as approved by the School Board. Mr. Jones noted that Mrs. Jordan can probably answer any questiors. Mr. Jones note that this is an annual thing where they readjust their budget. Mr. Martin asked about the $135,307 National Board Certification money. Mrs. Jordan noted that the National Board Certification bonus money must be spent for that specific purpose. She further explained the request to amend the School Operating Fund and School Fund budget requests approved by the School Board. William Jones motioned to amend School Operating Fund and School Grand Fund budgets as approved by the School Board on March 14,2017 . James Martin seconded the motion Ayes: Chisonr, Foley, Jotrsorl Jones, Martin Salem Lions Club Consider request to appropriate donation received from Salem Liors Club. Audit - Financc Committee Mce Mayor Jones stated the DARE program often receives donatiors from individuals and civic goups that provide valuable resources to supplement local funding. Donatiors fund the purchase of promotional and handout material used to reinforce the message our Salem officers are teaching the children The City received a donation of$5,500 fiom the Salem Lions Club in the current fiscal year. The corrnnittee reviewed the request and recommends appropriation of the donation received from the Salem Lions Club. William Jones motioned to appropriate a donration of $5,500 received from Salem Liors Club. James Martin seconded the motion. Ayes: Chisonl Foley, Joksorl Jones, Martin J. Virginia Varsity Transfer New Warehouse Corsider setting the bond for physical inprovements and erosion and sediment control for Mrginia Varsity Transfer New Warehouse. Audit - Finance Cornmittee Mce Mayor Jones noted the Audit Finance Committee reviewed the estimate for physical improvements and erosion and sediment control for Vrgrnia Varsity Trarsfer's New Warehouse project. The connnittee concurs with the City Engineer's office recornrnendation that the bond be set for $ I 1,814,00 and a period of conpletion be set at twelve (12) months. William Jones motioned to approve the bond for physical inprovements and erosion and sediment conhol for Virgrnia Varsity Transfer New Warehouse. James Chisom seconded the motion Ayes: Chisonr, Foley, Johnsorl Jones, Martin K. Budget Presentation Receive presentation of 2017 -2018 budget for the City of Salem Mrs. Jordan noted that she is here presenting the budget on behalf of Mr. Boggess who is not able to be here this evening. They are presenting for Council's corsideration the budget for the fiscal year beginning Ju,ly 2017, and it is being presented in accordance with Section 8.3. of the Charter of the City of Salern She discussed the proposed budget for the 2017-18 fiscal year. Presentation received as presented. 7 . Closed Session 8. Adjoumnrent IIEiJ #. 0ATE q-to-11 AN ORDINANCE TO AMEND SECTION 106.110, ARTICLE I, CHAPTER 106, OF THE CODE OF THE CITY OF SALEM, VIRGINIA, RELATING TO ZONING AND DIVIDING THE CITY INTO BUILDING DISTRICTS AND ESTABLIsHING DISTRICT BOUNDARY TINES ON THE ZONING MAP OF THE CITY OF sALEM, VIRGINIA. 8E lT ORDAINED BY THE COUNCIL OF THE CITY OF 5ALEM, VlRGlNlA, that Section 106-110, Anicle l, Chapter 106 of The Code of the City of Salem, Virginia, relatine to building district boundary lines be amended in the following particular and no other, viz: That the following described property in the City of Salem, of William D. and Mary Ann lones, property owners, located at 146 West Fourth Street (Tar Map Number 151-7-4), be and the same is hereby changed from BCD Business Commerce District to HBD Highway Business District, and the map referred to shall be changed in this respect and no other, said prop€rty being described as follows: Allthat certain tract of land on the south side of Fourth Street bounded by corners A, B, C, D, E, G, F and A, as shown on a plat of survey showing property of Frank S. Hester, made by F. A. Spiggle, C.L.S., dated November 21, 1944 and revised on luly 2, 1953, of record in the Clerk's Office ofthe Circuit Court for Roanoke County, Virginia, in Deed Book 491, Page 177. LESS AND EXCEPT that portion of the above described property conveyed to Winston L. Plymale, et us, by Deed dated February 16, 1990, of record in the Clerk's Office of the Circuit Court for the City of Salem, Virginia, in Deed Book 157, Page 705. FURTHER LESS AND EXCEPT that portion of the above described property vested in the Town of Salem by Order of the Circuit Court of Roanoke County, Virginia, dated August 2, 1956, of record in the Clerk's Office ofthe Circuit Court for Roanoke County, Virginia, in Deed Book 557, Page 548. 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: .lames L. Chisom - lames A. Martin - Jane W. Johnson - William D. Jones - Byron Randolph Foley - Passed: Effective: Mayor ATTEST: James E. Taliaferro, ll clerk of council City of 5alem, Virginia ITEM #5B DATE-t:.,!g-fi AN ORDINANCE TO AMEND SECTION 106.110, ARTICLE I, CHAPTER 106, OF THE CODE OF THE CITY OF SALEM, VIRGINIA, RELATING TO ZONING AND DIVIDING THE CITY INTO BUILDING DISTRICTS AND ESTABLISHING DISTRICT BOUNDARY LINES ON THE ZONING MAP OF THE CITY OF SALEM, VIRGINIA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, thAt SECtiON 105-110, ATtiCIE I, Chapter 106 of The Code of the city of 5alem, Virginia, relating to building district boundary lines be amended in the following particular and no other, viz: That the following described property in the City ofSalem, ofTurner Morgan LLC, property owner, located at 803-813 Eighth Street and three parcels fronting on vacated Carolina Avenue (Tax Map *s 186-11- 2&3 and 186-3-2,3,&4), be and the same is hereby changed from BCD Eusiness Commerce District to HBD Highway Business District, and the map referred to shall be changed in this respect and no other, said property being described as follows: Beginning at the point ofintersection ofthe Northerly line of8th Street with the Easterly line of lowa street; thence leaving 8th street and with lowa Street N12"21'00"W 100.00 feet to an iron pin found at the Southwesterly corner of T.M. f186-11-1.1; Thence leaving lowa Street and with the Southerly line of T.M. #185-11-1.1; N77"39'00"E 125.00 feet to an iron pin found at the Southeasterly corner of T.M. f186-11-1.1; Thence with the Easterly line of T.M. #186-11-1.1; N12"21'00"W 53.10feettoa point; Thence leavinB T.M. #186-11-1.1 and with the Southeasterly line of T.M. #186-11-1; N43"40'00'E 45.00 feet to a point; Thence with the Easterly line of T.M. #186-11-1; N46"20"00"W 63.36 feet to a point; Thence with T.M. #186-11-1; N43'40'00"E at 15.00 feet and with T. M. #186-3-1, 150.00 feet for a total distance of 165.00 feet to a point on the Westerly right of way of an undeveloped 16' alley; Thence with the 16' alley, 546"20'00"E 150.00 feet to a point on the Northerly line of T.M. fl186-3-5; Thence leaving said alley and with T.M. #185-3-5; S43'40'00"W 150.00 feet to a poinU Thence along the Southwesterly lines of T.M. #186-3-5 and 186-3-5; 546"20'00"E 150.50 feet to an iron pin found on the Northerly right of way of 8th Street; Thence leaving T. M. f186-3-5 and with 8th Streetj 577"39'00"W 307.30 feet to the pointand place of beSinning, containing 1.329 acres, comprised ofthe following fivetax parcels, 186-11-2, 186-11-3, 186-3-2, 186-3-3, and 186-3-4. Said parcels more particularly shown on a "Physical lmprovement Survey for Turner Mor8an, LLC" prepared by Balzer and Associates, Inc. dated January 18, 2017. Said parcels being located in the City of Salem, Vir8inia. 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. erurBrA 'u,roleS ]o ltrl lDunol,o uall /OJJOlerleI l sauref :1S]LIV roleN :a^rpar]l :possed - laloj qdlopueU uor^g - souot o urerllrM - uosuqor'M auer - uruel^ v seuer - LUOS|ql l saL!ef :sMollo] se pools oures aql'alo^ Aeu e pue a^e ue toJ llel e uodn ITEM #5C DATE +-ro-11 AN ORDINANCE enacted pursuant to the provisions of Section 15.2-2272 of the 1950 Code of Virginia, as amended, providing for vacating a right of way in the City of Salem, Virginia. WHEREAS, and application to vacate a portion of right of way at a point at the Northwesterly intersection of Chestnut Street and West First Street; thence with the Northerly right of way of West First Street S79'44'00"W 218.49 feet to a point at the Southeasterly comer of Section 3 and the Southwesterly comer ofa l5' wide alley, said point being the Point of Beginning; thence leaving West First Street and with the Westerly line of said 15' wide alley N00'00'00"W 267 .67 feet to a point at the Northeasterly comer of T.M . #144-1-4; thence leaving the Westerly line of said alley N90"00'00"8 7.50 feet to a point in the center of said alley; thence with the center ofthe alley S00"00'00"E 3.73 feet to a point; thence leaving the center ofthe alley N90"00'00"E 7.50 feet to a point on the easterly line ofthe 15' wide alley; thence with the easterly line of the alley 500"00'00"E 261.23 feet to a point on the Northerly right of way of West First Street; thence with West First Street S79"44'00"W 15.24 feet to the Point and Place of Beginning containing 3,967 square feet. Being a portion of the 15' wide alley located between Sections 2 and 3 of "Marshall Court" Plat Book 1,Page372 recorded in the clerk's office of Roanoke County, Virginia with said parcel being located in the City of Salem, Virginia, as shown on that certain drawing prepared by the Balzer & Associates, Inc. dated February 28,2017, attached hereto and made a part hereof (herein "Vacated fughtof-Way"). WHEREAS, pursuant to Section 15.2-2272 and Section 15.2-2204, the applicant in this proceeding has caused a public notice to be published in The Roanoke llzes, a newspaper published and having general circulation in the City of Roanoke and City of Salem, Virginia, such publication having been made twice, with at least six days elapsing between the first and second publication, to-wit; on March 12,2017 and March 16,2017, and such notice specified the time and place of hearing to-wit: March 27,2017 at 7:30 p.m. in the Council Chambers of the City of Salem, at which time persons affected may appear and present their views, all of which is shown by a Certificate ofPublication executed by The Roanoke Times and filed with the papers in their proceeding; and WHEREAS, a proper notice has been given to the land proprietors affected by the closing; and WHEREAS, a public hearing was held March27,2017; and WHEREAS, by Resolution 1313, duly adopted by City Council on March 27,2017, viewers were appointed to determine whether an inconvenience would result from permanently vacating said right of way; and WHEREAS, the report of the viewers, dated April 3,2017, has been submitted to City Council that the viewers have determined that no inconvenience would result from permanently vacating said right ofway and will not abridge, destroy or inconvenience anyone; and WHEREAS, the Council, after considering the evidence submitted, is of the opinion that vacating and closing portions of the right ofway described above will not abridge or destroy any of the rights and privileges ofany person, and that no inconvenience would result to anyone therefrom, and it is further of the opinion that the request of the applicant should be granted; NOW, THEREFORE, BE IT ORDANED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that the Vacated Right-of-Way is permanently vacated, discontinued, and closed as provided in Section 15.2-2272 of the 1950 Code of Virginia, as amended to date; subject to a public utility easement, which is hereby reserved in the Vacated Right-of-Way by the City; and BE IT FURTHER ORDAINED that title to the Vacated Right-of-Way shall vest in the adjoining property owners with the provisions of Section 15.2-2274 of the Code of Virginia (1950) as amended subject to the public utility easement retained and reserved by the City. BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that a certified copy of this ordinance be delivered to the Clerk of the Circuit Court of the City of Salem, Virginia, for recordation therein, and to the City Engineer of the City of Salem, Virginia, make appropriate notice of vacation herein approved on the maps and other documents in his office. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be and the same 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: James L. Chisom - James A. Martin - William D. Jones - Jane W. Johnson - Byron Randolph Foley - Passed: Effective: /s/ Byron Randolph Folev Mayor ATTEST: James E. Taliaferro, II Clerk of Council, City of Salem, Virginia VIRGINIA: IN THE COI.]NCIL FOR THE CITY OF SALEM IN RE:Resolution 1313 AFFIDAVIT OF VIEWERS Vacating a certain unimproved right of way of in connection with the application of 23 I Chestnut Street, LLC, to permanently vacate and dispose of a portion of an existing 1 5' public right of way (alley) beginning at a point on the north side of West First Street and extending to the adjacent property owner to the north which is approxim ately 267 .67 ', as provided by Section I 5.2- 2006 of the Code of Virginia, as amended to date, and to report in writing, whether or not in their opinion any, and if any, what inconvenience would result from permanently vacating said right of way. The undersigned Howard C. Packett, William R. Shepherd, and Joseph E. Yates, Jr., being first duly sworn, depose and say that they will faithfully and impartially view a certain portion commencing at a point at the Northwesterly intersection of Chestnut Street and West First Street; thence with the Northerly right of way of West First Street S79o44'00"W 218.49 feet to a point at the Southeasterly corner of Section 3 and the Southwesterly corner of a I 5' wide alley, said point being the Point of Beginning; thence leaving West First Street and with the Westerly line of said I 5' wide alley N00o00'00"W 267.67 feet to a point at the Northeasterly corner of T.M. #144-l-4; thence leaving the Westerly line of said alley N90o00'00"E 7.50 feet to a point in the center of said alley; thence with the center of the alley S00o00'00"E 3.73 feet to a point; thence leaving the center of the alley N90o00'00"E 7.50 feet to a point on the easterly line of the l5' wide alley; thence with the easterly line of the alley 500o00'00"8 261.23 feet to a point on the Northerly right of way of West First Street; thence with West First Street 579"44'00"W 15.24 feet to the Point and Place of Beginning containing 3,967 square feet. Being a portion of the l5'wide alley located between Sections 2 and3 of "Marshall Court" Plat Book 1, Page 372 recorded in the clerk's offrce of Roanoke County, Virginia with said parcel being located in the City of Salem, Virginia, and to report in writing, whether or not in their opinion any, and if any, what inconvenience would result from permanently vacating said right of way. Subscribed and sworn to before and for the City of Salem, State of day of, Notary Pu Ir.E, a Notary Public in Virginia, this the 3d My Comm : May 31,2020 We, the appointed viewers, Howard Packett, Joseph Yates and William Shepherd that were appointed to review and make a recommendation on the application of 23 I Chestnut Street, LLC to permanently vacate and dispose of a portion of an existing l5' public right of way (alley) beginning at a point on the north side of West First Street and extending to the adjacent property owner to the north which is approximately 267.67'. We, the appointed viewers met on Qpil .fulQfl and reviewed the said property. We recommend to Salem City Council that the righi ofway described above be permanently vacated while keeping the existing easement in place to allow the City of Salem the right to run utilities and maintain the easement. 4-t'tq SALE Ofice of the City Clerk April ro, zorT Council ofthe City of Salem Salem, Virginia 24153 Dear Council Members: For your information, I am listing reappointments and vacancies on various boards and commissions: mM#-64 DATE Ll -lo-l'l Board of Zoning Appeals Community Policy and Management Team Convention & Visitors Bureau Real Estate Tax Relief Board Roanoke Valley Alleghany-Regional Commission Recommend appointing Thomas L. Copenhaver as a full term member for a five year term effective April ro, zor7. Recommend reappointing F. Van Gresham. (Current term ended on March zo, zor7.) Recommend appointing Frank Turk as a parent representative. Recommend appointing John Shaner Recommend reappointing Jimmy Robertson (Current term ended February r4, zor7.) Recommend reappointing William D. Jones (Current term ended Februa Board of Zoning Appeals Board of Appeals (USBC Building Code) Convention & Visitors Bureau Fair Housing Board Fine Arts Commission Need one full term member and three alternate members, five year terms. Need one full term member and three alternates, five- year terms. Need one full term member, no term limit. Need two full term members, three-year terms. Need all full members, four-year terms. Sincerell'. James E. Taliaf'erro. tl Assistant Cit1, Manager and Clerk of Council Attachment Board or Commission Recommendation Vacancies with Candidates Vacancies CITY OF SALEM, VIRGINIA BOARDS AND COMMISSIONS April 2017 IVIEMBER EXPIRATION OF TERM BLUE RIDGE BEHAVIORAL HEALTHCARE Term of Offlce: 3 years (3 terms only) Pat Macoonald David Wells Linda Franke AT LARGE MEMBERS: Vic Boddie Bruce N. Thomasson Bobby Russell MEMBER FXPIRATION OF TERM Partnershio for a Livable Roanoke Vallev Term of Office: Unlimited James E. Taliaferro. ll COMMUNITY POLICY AND MANAGEMENT TEAM No term limit except for Private Provider 12-31-18 12-31-19 12-31-17 12-31-16 12-31-17 12-31-18 1-01-21 1-01-18 1-01-20 'l -01-19 1-01-16 'l 1-30-18 1 1-30-18 'l 1-30-19 11-30j17 11-30-17 3-20-17 3-30-18 6-05-19 3-20-20 3-20-16 BOARD OF APPEALS (USBC BUILDING CODE) Term of Office: 5 years John R. Hildebrand Robert S. Fry, lll David A. Botts Nathan Routt Greg Lewis (will not accept reappointment) ALTERNATES: Debbie Sams Open Dr. Stephen Richerson - term ends June 30, 2017 ECONOMIC DEVELOPMENT AUTHORITY Term of Offlce: 4 years William Q. Mongan C. Wayne Adkins J. David Robbins Judith F. Hagadorn Joseph E. Yates, Jr. David Thornhill Todd Parsons ECONOMIC DEVELOPMENT COMMITTEE No Terms, no alternates Jane Johnson James Chisom Kevin Boggess James Taliaferro Melinda Payne Benjamin Tripp Mary Ellen Wines Judy Hough FAIR HOUSING BOARD Term of Office: 3 years Kathleen H. Manson Joseph Harris, ll (did not respond to written request for re-appt) Joseph Kyle, lll 7 -01-13 (did not respond to written request for re-appt) Vacant Vacant BOARD OF EQUALIZATION OF REAL ESTATE ASSESSMENTS Term of Office: 3 years (appointed by Circuit Court) Wendel lngram N. Jackson Beamer, lll David A. Prosser Nancy Dutfy Gill R. Roseberry BOARD OF ZONING APPEALS Term of Office: 5 years (appointed by Circuit Court) F. Van Gresham David E. Derr Winston J. DuBois Gary Lynn Eanes Robin R. Dearing (will not accept reappointment) ALTERNATES: Frank Sellers Vacant Vacant 4-14-2021 CONVENTION & VISITORS BUREAU Carey Harveycutter No term limit (resigned March 2016 (Names) Rosie Jordan Benjamin W. Tripp Carolyn Minix Cheryl Wilkinson Parent Rep Open Joyce Earl Randy Jennings Darryl Helems Derek Weeks Charles T. Gwaltney Betty Waldron (Alternates) Tammy Todd James E. Taliaferro, Rosemary Walker Cathy Brown Parent Rep Open Shannon Brabham Deborah Coker Amanda Hall Josh Shelor 3-09-19 3-09-20 3-09-20 3-09-'t7 3-09-17 12-14-20 12-14-20 5-10-17 7-01-13 7-01-16 7-01-16 MEMBER FINE ARTS COMMISSION Term of Office: 4 years Cameron Vest Julie E. Bailey Hamilton Brenda B. Bower Vicki Daulton Hamp Maxwell Fred Campbell Rosemary A. Saul Rhonda M. Hale Brandi B. Bailey EXPIRATION OF TERIVI MEMBER EXPIRATION OF TERM ROANOKE VALLEY GREENWAY COMMISSION Term of Office: 3 years McMillian H. Johnson, lV Morris A. Elam, Jr. Skip Lautenschlager 6-30-2017 6-30-2017 5-01-15 5-01-15 7 -26-12 10-26-12 10-26-12 5-01-13 10-26-13 10-12-14 10-12-14 4-19-18 5-26-19 9-26-17 STUDENT REPRESENTATIVES LEAGUE OF OLDER AMERICANS Term of Offlce: 3 years John P. Shaner REAL ESTATE TAX RELIEF REVIEW BOARD Term of Office: 3 years David G. Briitain Jimmy W. Robertson Daniel L. Hart ROANOKE VALLEY.ALLEGHANY REGIONAL COMMISSION Term of Office: 3 years Jane W. Johnson William D. Jones James Martin Melinda J. Payne ROANOKE VALLEY BROADBAND AUTHORIry Term of Offlce: 4 years Kevin S. Boggess ROANOKE VALLEY TRANSPORTATION PLANNING ORGANIZATION (TPO) POLICY BOARD Term of Office: 3 years Jane Johnson William "Bill" Jones SCHOOL BOARD OF THE CITY OF SALEM Term of Office: 3 years Nancy Bradley Michael Chiglinsky Andy Raines Artice Ledbetter David Preston SOCIAL SERVICES ADVISORY BOARD Term of Office: 4 yearc, 2 term limit Betty Mccrary 12-1-18 TOTAL ACTION AGAINST POVERTY Term of Offlce: 2 years Byron Randolph Foley (Melinda Payne appointed 1-14-18 as fulltime alternate) 1-31-18 VIRGINIA WESTERN COMMUNITY COLLEGE Term of Office: 4 years (2 terms only) Forest G. Jones 6-30-18 WESTERN VIRGINIA EMERGENCY IVIEDICAL SERVICES COUNCIL (3 year term) Deputy Chief Matt Rickman 12-31-19 WESTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY Term of Office: 4 years 3-01-18 12-31-18 12-31-18 12-31-19 12-31-19 12-31-17 PERSONNEL BOARD Term of Office: 2 years Larry A. Lynch William R. Shepherd J. Chris Conner Margaret Humphrey Lexi H. Dibbern 1-28-19 6-09-17 8-12-17 8-12-17 3-01-1 8 PLANNING COMMISSION AND NPDES CITIZENS' COMMITTEE Term of Office: 4 years Sam Carter, lll Dee King Vicki Daulton Reid Garst N. Jackson Beamer 7-31-18 7-31-18 7-26-19 7-26-18 8-28-17 2-14-19 2-',t4-'t7 2-14-18 6-30-18 2-24-17 6-30-18 6-30-19 12-31-2019 Alternate Rosemarie Jordan Kevin S. Boggess Melinda J. Payne James E. Taliaferro, ll (alternate for Boggess) Benjamin W. Tripp (alternate for Payne) 2-3-2018 2-3-2020 2-3-2018 2-3-2020 ROANOKE VALLEY DETENTION COMMISSION No Terms Member James Taliaferro WESTERN VIRGINIA REGIONAL JAIL AUTHORITY Term of Office: as of mtg on 1n/17 term is - until replaced William D. Jones Alternate: Byron R. Foley James E. Taliaferro, ll Alternate: Rosemarie Jordan Eric A. Atkins Alternate: April M. Staton