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HomeMy WebLinkAbout10/23/2017 - City Council - Minutes - Regular UNAPPROVED MINUTES CITY COUNCIL WORK SESSION October 23, 2017 A work session of the Council of the City of Salem, Virginia, was held in the City Manager’s Conference Room, 114 North Broad Street, Salem, Virginia, on October 23, 2017, 6:30 p.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 D. Chisom, with Byron Randolph Foley, presiding; together with Kevin S. Boggess, City Manager; James E. Taliaferro, II, Assistant City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Linda M. Carroll, Commissioner of Revenue; and Sidney C. Kuzmich, Deputy Commissioner of Revenue, and Melinda J. Payne, Director of Economic Development; and the following business was transacted: Mayor Foley reported that this date, place, and time had been set in order for the Council to hold a work session; and WHEREAS, a discussion was held with Ms. Carroll and Ms. Kuzmich on the requests for Admissions Tax refunds. Council held a discussion and decided to implement a process using a form that staff will design for organizations to complete. Council agreed each request will come before them for approval to qualify the organization must be a 501(c)3 and the tax amount requested for reimbursement must be proven to be earmarked for a use within the Salem community; and WHEREAS, Ms. Payne gave an update on economic development; and WHEREAS, there was no further discussion to be had, the meeting was adjourned at 7:25 p.m. ____________________________________ Mayor _____________________________________ Clerk of Council Ci ty Council Meeting M INUTES Monday, October 23, 2017, 7:30 P M Council Chambers, C ity Hall, 114 North B road Street, Salem, Virginia 24153 1.C all to Order A regular meeting of the C ouncil of the City of Salem, Virginia, was called to order at 7:30 p.m., there being present the following members to wit: Byron Randolph Foley, Mayor, William D. J ones, Vice-Mayor, C ouncil members: J ane W. J ohnson, J ames A. Martin, and J ames L. C hisom; along with Kevin S. Boggess, City Manager; J ames E. Taliaferro, II, Assistant City Manager and C lerk of Council; Rosemarie B. J ordan, Director of Finance; Melinda J . Payne, Director of Economic D evelopment; C harles E. VanAllman, J r., Director of C ommunity Development; Mike Stevens, C ommunications Director; and Stephen M. Yost, C ity Attorney. Mayor Foley noted that there were a couple of groups in attendance at the meeting, G irl Scout Troop 417 from First C hristian C hurch and a state and local government class from Roanoke C ollege, and he welcomed them to the meeting. 2.Pledge of Allegiance 3.Bid Openings, Awards, Recognitions 4.C onsent Agenda A.Minutes C onsider acceptance of minutes from the September 25, 2017, work session and regular meeting. A pproved 5.Old Business A.Special E xception P ermit C onsider the request of William E. Lee, property owner, and Green GearHeads LLC , contract purchaser, for the issuance of a Special Exception Permit to allow scrap and salvage services on the property located at 844 Union Street. (Tax Map # 200-2-1). (Advertised in the September 7 and 14, 2017, issues of Salem Times Register. C ontinued from the September 25, 2017, meeting. Public hearing held at the September 25, 2017, meeting.) Mayor Foley noted that this item was continued from the September 25, 2017, meeting, and the public hearing was held at that time. Mr. Taliaferro noted staff met with the petitioners and worked on some potential conditions that could be placed on the property if C ouncil chooses to approve the Special Exception Permit request. He further noted the conditions were included in C ouncil's packet. Basically, they address the potential transportation issues, landscaping and buffering of the property, outside storage and dropoffs, maintenance of the permits that might be involved with local and state government, and also it limits the salvage uses on the property to paper, plastic, cardboard and metals that are not affiliated with a transportation use, such as car, etc. He stated he would be happy to answer any questions. J ay Brenner of Green Gearheads LLC , contract purchaser, appeared before the C ouncil and stated he would like to request a continuance to the next City C ouncil meeting. It was noted that the next meeting would be N ovember 13. William J ones motioned to continue the request of William E. Lee, property owner, and Green GearHeads LLC , contract purchaser, for the issuance of a Special Exception Permit to allow scrap and salvage services on the property located at 844 Union Street (Tax Map # 200-2-1) to the November 13, 2017, meeting. J ames Martin seconded the motion. Ayes: C hisom, Foley, J ohnson, J ones, Martin B.Vacation of Right of Way C onsider ordinance on second reading permanently vacating and disposing of an unimproved portion of Pearl Street that is bounded on the southwest by a rail spur of the Norfolk Southern Railroad and intersects an alley on the northeast corner adjoining the lot designated as Tax Map #197-1-11 in the C ity of Salem. (Approved on first reading at the September 25, 2017, meeting.) J ane J ohnson motioned to adopt the ordinance on second reading permanently vacating and disposing of an unimproved portion of Pearl Street that is bounded on the southwest by a rail spur of the Norfolk Southern Railroad and intersects an alley on the northeast corner adjoining the lot designated as Tax Map #197-1-11 in the C ity of Salem. William J ones seconded the motion. Ayes: C hisom, Foley, J ohnson, J ones, Martin C .School B oard C onsider appointment to fill the expiring term for David Preston. (Public hearing held at September 25, 2017, meeting.) Mayor Foley thanked Mr. Preston for his service to the community. William J ones motioned to reappoint David Preston to the Salem School Board for a three-year term, said term will expire December 31, 2020. J ames C hisom seconded the motion. Ayes: C hisom, Foley, J ohnson, J ones, Martin 6.New Business A.Special E xception P ermit Hold public hearing to consider the request of A. Gerald C iaffone and Leisa K. C iaffone, property owners, for the issuance of a Special Exception Permit to allow an accessory apartment on the property located at 715 Red Lane (Tax Map # 62-4- 2). (Advertised in the October 5 and 12, 2017 issues of the Salem Times Register. Recommend approval, see Page 1 Planning Commission minutes.) S TA FF REPO RT Staff noted the following regarding the Special Exception Permit request: the subject property consists of a single parcel of approximately 0.37 acres located on the west side of Red Lane, just south of the intersection with East Carrollton Avenue. It is occupied by a single family home and a detached garage. T his request is for a Special Exception Permit to allow an accessory apartment above the detached garage. Last month, the Board of Zoning Appeals of the City of Salem approved an application for a variance to attach the garage to the house so that it would be part of the main structure, a requirement for the accessory apartment request to be considered by Planning C ommission and C ity C ouncil. Mr. Taliaferro noted that the petitioners had appeared before the Board of Zoning A ppeals and received a variance for the garage construction. Subsequently, they appeared before Planning C ommission to request a Special Exception Permit for an accessory apartment in the garage, and the Planning C ommission recommended approval of the request. Vice Mayor J ones asked if the apartment could only be used for family members, and Mr. Taliaferro noted that he was correct. Mayor Foley noted that the petitioners were in the audience and asked if they had any questions or comments. T he petitioners noted they did not have any questions or comments. Mayor Foley opened the public hearing and asked if anyone would like to speak on this matter. T here was no response, and the public hearing was closed. J ames Martin motioned to approve the request of A. Gerald C iaffone and Leisa K. C iaffone, property owners, for the issuance of a Special Exception Permit to allow an accessory apartment on the property located at 715 Red Lane (Tax Map # 62-4- 2). J ane J ohnson seconded the motion. Ayes: C hisom, Foley, J ohnson, J ones, Martin B.Amendment to the City Code C onsider ordinance on first reading to amend Chapter 22, Article III, Division I, Sections 22-136 and 22-137, pertaining to massages. Mr. Boggess noted that Item 6B and 6C are related on this matter, and these are revisions to the City's Code just to clarify for the purpose of ensuring that the activities which occur in these places of business are appropriate activities. He noted that Mr. Yost, C ity Attorney, is present if there are any specific questions related to the changes. Mr. Yost noted that the revisions do not change in any terribly material way the existing C ity ordinance. He further noted that our current ordinances on this topic mirror the ordinances in Roanoke C ity and Roanoke C ounty in almost all material respects including the $5,000 annual business license tax to be paid. He further discussed the reasons for the amendments. He stated there are numerous exceptions and that this does not apply to any medical personnel, massage therapists and that type of people, and this is mentioned in several places in the ordinance. Mayor Foley noted that this is not applicable to those who are certified as a medical practitioner of some sort, and Mr. Yost stated he was correct. Mr. Yost further noted it does not apply to physicians, surgeons, chiropractors, osteopaths, physical therapists licensed by the state, massage therapists licensed by the Virginia Board of N ursing or to a licensed nurse acting under the direct supervision of a doctor, osteopath, etc. J ames Martin motioned to adopt the ordinance on first reading to amend Chapter 22, A rticle III, Division I, Sections 22-136 and 22-137, pertaining to massages. J ane J ohnson seconded the motion. Ayes: C hisom, Foley, J ohnson, J ones, Martin C .Amendment to the City Code C onsider ordinance on first reading to enact and ordain C hapter 58, Article VIII, Sections 58-200 through 58-213, pertaining to massage parlors. William J ones motioned to adopt on first reading to enact and ordain Chapter 58, A rticle VIII, Sections 58-200 through 58-213, pertaining to massage parlors. J ames C hisom seconded the motion. Ayes: C hisom, Foley, J ohnson, J ones, Martin D.Administrativ e Calendar for 2018 C onsider adoption of the 2018 A dministrative C alendar. Mr. Boggess noted that the approval will be with the revision to change the first N ovember meeting to Tuesday, November 13. J ane J ohnson motioned the adoption of the 2018 Administrative C alendar. William J ones seconded the motion. Ayes: C hisom, Foley, J ohnson, J ones, Martin E.F irst Supplement to Roanoke Valley Regional Collision Reporting Center C onsider approval and authorize the C ity Manager to execute the first supplement to the Roanoke Valley Regional C ollision Reporting C enter Agreement. Mr. Boggess noted that the document before Council is essentially a renewal of the agreement with some minor changes. He stated that this is a regional opportunity for people who are involved in minor traffic accidents to be referred to a crash center as opposed to sending a police officer out to respond. T his is being used extensively and almost exclusively in Roanoke C ity and Roanoke C ounty. He noted that while this is an option for Salem residents to use, we are still sending a police officer on all of those incidents and writing a police report so it is not necessary for our citizens to use the C ollision Reporting C enter. Again, it is an option for our residents. Further, he noted this is something we want to continue to keep and support in the Roanoke Valley as an option for the City. C ity C ouncil is being asked to adopt the amendment to the agreement. Mr. Martin asked if the Salem towing businesses are able to go into the other jurisdictions to respond to calls and resume the business they were performing. Mr. Boggess noted that this was correct. T here was further discussion regarding agreement. J ames C hisom motioned to approve and authorize the C ity Manager to execute the first supplement to the Roanoke Valley Regional C ollision Reporting C enter A greement. William J ones seconded the motion. Ayes: C hisom, Foley, J ohnson, J ones, Martin F.Appropriation of F unds C onsider request to accept and appropriate F Y18 PSA P Education Program G rant funds from Virginia E-911 Services Board. Audit-Finance C ommittee Vice Mayor J ones noted that the Audit Finance C ommittee met to discuss this item. He stated that the 911 Dispatchers are often the first to react to an emergency and must make split-second decisions that can mean the difference between life and death, therefore ongoing training is essential. T he Virginia E-911 Services Board awarded C ommunications a grant of $2,000 to provide certification training and no local match is required. T he C ommittee reviewed the request from city staff and recommended accepting and appropriating the $2,000 for training. William J ones motioned to accept and appropriate FY18 P SA P Education Program G rant funds from Virginia E-911 Services Board. J ames Martin seconded the motion. Ayes: C hisom, Foley, J ohnson, J ones, Martin G.B oards and Commissions C onsider various appointments on boards and commissions. J ane J ohnson motioned to reappoint Skip Lautenschlager to the Roanoke Valley G reenway C ommission for a three-year term effective September 26, 2017; to recommend to the Circuit C ourt to reappoint Nancy D uffy and Gill R. Roseberry to the Board of Equalization of Real Estate Assessments for a three-year term effective November 30, 2017; and to appoint Carolyn Minnix to the Roanoke Valley-Alleghany Regional C ommission to fill the unexpired term of William D. J ones ending February 24, 2020. William J ones seconded the motion. Ayes: C hisom, Foley, J ohnson, J ones, Martin 7.C losed Session 8.Adjournment T he meeting was adjourned at 7:51 p.m.