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HomeMy WebLinkAbout3/27/2017 - City Council - Minutes - RegularUNAPPROVED MINUTES CITY COUNCIL WORK SESSION March 27, 2017 A work session of the Council of the City of Salem, Virginia, was held in the Council Chambers Conference Room, 114 North Broad Street, Salem, Virginia, on March 27, 2017, at 6:30p.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, II, 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 that this date, place, and time had been set in order for the 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) Grants; 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 Ci ty Council Meeting M INUTES Monday, March 27, 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; Melinda J . Payne, Director of Economic Development; Rosemarie B. J ordan, D irector of Finance; Charles E. VanAllman, J r., Director of C ommunity D evelopment; Mike Stevens, C ommunications Director; and Stephen M. Yost, C ity A ttorney. 2.Pledge of Allegiance 3.Bid Openings, Awards, Recognitions 4.C onsent Agenda A.Minutes C onsider approval of the minutes from the special meeting on March 8, 2017 and the regular meeting on March 13, 2017. A pproved as presented B.F inancial Report C onsider acceptance of the Statement of Revenues and Expenditures for eight months ending February 28, 2017. Received as presented 5.Old Business A.Taxicabs C onsider issuance of C ertificates of Public Convenience and Necessity for the next twelve (12) months, beginning A pril 1, 2017; continued from March 13, 2017 meeting. (Date set for public hearing at J anuary 23, 2017 meeting. Advertised in the February 23, and March 2, 2017, issues of the Salem Times Register.) Mayor Foley noted that several of the taxi companies were considered at the last meeting and two of those were approved. Two other applicants, Salem C ab Services, LLC , trading as Salem Taxi and Roanoke Taxi, and C ity Cab were continued until this meeting. He asked C ity Attorney Steve Yost if he had comments regarding the report from Officer C ritz regarding the one company. Mr. Yost noted that he had received the report as had Council members. T he Police D epartment recommends that C ouncil approve and grant a certificate of Public C onvenience and Necessity to East C oast Petroleum trading as C ity C ab. He believes in light of the report on the other applicant that the recommendation is that C ouncil take no action on the application of Salem C ab Services, LLC, and to not grant a certificate at this time, but the C ity could reconsider if they can rectify the problems as set forth in the police report at another time. Vice Mayor J ones noted that as of March 31 they will be unable to operate in Salem. 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 if they 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. T his will give the applicant an opportunity to rectify the deficiencies within the next several weeks. T hey would not have to go through another public hearing and the full application process, but of course, C ouncil can do what they think is appropriate. Mr. Martin asked if Salem C ab Services is aware of these most recent deficiencies outlined by Officer C ritz. Mayor Foley noted that he would assume that Officer C ritz delivered them a copy of the report. Mr. Taliaferro noted that Officer Critz met with them this morning. Mayor Foley asked what Council thought about the request for Salem C ab. Do we want to make it more of a burden for them to go through the process again because of their inability to meet the requirements? Or do we just want to simply continue it? Mrs. J ohnson noted that she is concerned 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. T here was further discussion regarding the Salem C ab Services' application. Mr. Yost noted that any certificate that is granted expires on March 31 of each year, but C ouncil can grant a certificate at any time during the year. Mr. Taliaferro noted that Salem C ab 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 of them, Roanoke Taxi and Salem C ab. 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 applications submitted, one for Roanoke Taxi and one for Salem Cab Service. Mr. Yost noted if there were two applications filed then C ouncil could say that both applications of Salem C ab Service LLC are denied. J ames C hisom motioned to award the certificate of Public C onvenience and N ecessity to East Coast Petroleum and Trading Inc., trading as C ity C ab, and to deny two applications for Salem C ab Service, LLC. J ames Martin seconded the motion. Ayes: C hisom, Foley, J ohnson, J ones, 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 J ones, property owners, for rezoning the property located at 146 West Fourth Street, (Tax Map #161-7-4) from BC D Business Commerce D istrict 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 Planning C ommission Minutes.) S TA FF REP O RT Staff noted the following: the subject property consists 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. J ones 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. J ones 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 himself from the council seating, which he has done, and as some point he will take the lectern and make his request and then he will sit back down in the audience until a motion has been made and seconded. T hen he will reseat himself and as a result of this being property he owns, he has a personal interest in the transaction under the conflict of interest act and then he would abstain from voting at that time. Mr. Taliaferro noted that staff has reviewed the request. T his request and the next one on the agenda are very similar. Both of them are currently zoned Business C ommerce, 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. T he Future Land Use Plan calls for commercial so the proposed zoning conforms with the future land use. Mayor Foley opened the public hearing and asked Mr. J ones if he would like to say anything about the request. William J ones of 602 Highfield Road, property owner, appeared before the Council explaining the request. He noted that simply 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. T here was no response, and the public hearing was closed. J ane J ohnson motioned to approve the ordinance on first 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 D istrict to HBD Highway Business District. J ames C hisom seconded the motion. Ayes: C hisom, Foley, J ohnson, Martin A bstain: J ones B.Amendment to Zoning Ordinance Hold a public hearing and consider ordinance on first 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. (A dvertised in the March 9, and 16, 2017 issues of the Salem Times Register.) Recommend approval with no conditions; see Page 2 Planning C ommission Minutes.) STA F F REPO RT Staff noted the following: the subject property consists of five parcels of approximately 1.4 acres; they are located on the north side of Eighth Street, at the northeast corner 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. Taliaferro noted this is very similar request to the previous request. T he petitioners would like to have more economic opportunity and uses for the property. T he property currently is zoned BC D, and they would like to rezone to HBD. Further, the request conforms to the Future Land Use Plan. Mayor Foley opened the public hearing and asked if anyone else would like to speak regarding this matter. T here was no response, and the public hearing was closed. J ames C hisom motioned to approve the ordinance on first 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 #s 186-11-2&3 and 186-3-2, 3&4) from BC D Business C ommerce District to HBD Highway Business District. William J ones seconded the motion. Ayes: C hisom, Foley, J ohnson, J ones, Martin C .E ast Main Street U D A Hold a public hearing and consider adopting resolution 1312 for recommendation regarding the East Main Street Urban Development Area (UD A) plan and for amending "T he C omprehensive Plan for the C ity of Salem" to reflect the addition (Advertised in the March 9, and 16, 2017 issues of the Salem Times Register.) Mayor Foley noted that staff has requested that Council consider continuing this request to the April 24, 2017, meeting. He asked because it was advertised would C ouncil 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 item, and there was no response. J ane J ohnson motioned to continue the public hearing and the consideration of adopting Resolution 1312 regarding the East Main Street Urban Development A rea (UD A ) plan and for amending "T he C omprehensive Plan for the C ity of Salem" to reflect the addition to the April 24, 2017, meeting. J ames Martin seconded the motion. Ayes: C hisom, Foley, J ohnson, J ones, Martin D.Vacation of Right of Way Hold a public hearing and consider adoption of Resolution of 1313 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 approximately 267.67' in the C ity of Salem. (As advertised in the March 12, and March 19, 2017 issues of The Roanoke Times.) Mr. Taliaferro noted that the petitioners would like to vacate an unopened right of way behind C hestnut Manor apartments. T he 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 C ouncil has any questions for them. 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. Taliaferro noted that there are no utilities in the easement. Mayor Foley noted that the public hearing was closed. J ames Martin motioned to adopt Resolution 1313 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 approximately 267.67' in the C ity of Salem. J ane J ohnson seconded the motion. Ayes: C hisom, Foley, J ohnson, J ones, Martin E.Hidden Heroes C onsider adoption of resolution 1314 in support of military and veteran caregivers. Mayor Foley noted that he was approached by a couple of different people from adjoining localities to participate in this initiative. He is a veteran himself, 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, Veterans Administration employees, in home care, etc. He thought it would be nice to show our support of these people and to thank them for their service so that is what this resolution is doing. Mayor Foley read Resolution 1314 supporting Salem's military and veteran caregivers into the record. J ames C hisom motioned to adopt Resolution 1314 in support of military and veteran caregivers. William J ones seconded the motion. Ayes: C hisom, Foley, J ohnson, J ones, Martin F.P ersonal P roperty Tax Relief Act (P P T RA) C onsider request to adopt a resolution setting the allocation percentage for personal property tax relief for the 2017 tax year. Audit - Finance C ommittee Vice Mayor J ones noted that the Audit Finance committee met earlier today and discussed this item. In December 2005, the Personal Property Tax Relief Act, better known as P PT RA, provided relief to owners of personal use motor vehicles statewide. C ity Council adopted an ordinance enacting these changes to the Act in D ecember 2005. T he City uses the "Specific Relief" method to allocate the relief at the same percentage across the board to the first $20,000 of personal use vehicle value. Vehicles valued at $1,000 and below receive 100% tax relief. T he 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 C ity of Salem for the 2017 tax year. He further noted that Mrs. J ordan can probably explain this in simple terms. Mrs. J ordan noted that the C ity receives a fixed amount from the State of Virginia, which started during Governor G ilmore's term. We have a fixed amount 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 C ity runs a calculation as to what percentage of relief each vehicle will receive. T he proposed new fiscal year calculation is 56.05% which is down from the current year. T his means that our assessments have gone up. We have a fixed amount of dollars that have to be allocated across the assessed value of our 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. T his is adopted each year as a resolution. Mrs. J ohnson asked if they are using the Kelley Blue Book to determine the value on vehicles. Vice Mayor J ones noted he thought it was N A D A values, and Mrs. J ordan noted she thought it was N A D A. T here was further discussion regarding adopting a resolution setting the allocation percentage for personal property tax relief for the 2017 tax year. William J ones motioned to adopt Resolution 1315 setting the allocation percentage for personal property tax relief for the 2017 tax year. J ames C hisom seconded the motion. Ayes: C hisom, Foley, J ohnson, J ones, Martin G.P roject L ifesav er P rogram C onsider request to accept and appropriate grant received from Foundation for Roanoke for the Project Lifesaver Program. Audit - Finance C ommittee Vice Mayor noted the primary mission of Project Lifesaver is to provide timely response to save lives and reduce potential injury for adults and children who wander due to Alzheimer's, autism and other related conditions or disorders. C itizens 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 officers respond to the area. T he City is responsible for the cost of supplies such as transmitters, replacement batteries and locator system and currently has five families enrolled in the program. T he C ity received a grant of $10,000 from Foundation for Roanoke Valley in the current fiscal year, which will be used to purchase these supplies.T he C ity will provide $395 in local match. T he Audit Finance committee reviewed and recommends acceptance and appropriation of the grant received from Foundation for Roanoke Valley for Project Lifesaver Program. A lso, any donations not expended in the fiscal year received will be administratively appropriated in the subsequent fiscal year. William J ones motioned to accept and appropriate a $10,000 grant received from Foundation for Roanoke Valley for the Project Lifesaver Program. J ane J ohnson seconded the motion. Ayes: C hisom, Foley, J ohnson, J ones, Martin H.School Operating F und/School Grant F und C onsider request to amend School Operating Fund and School Grand Fund budget as approved by the School Board on March 14, 2017. Audit - Finance Committee Vice Mayor J ones noted the Audit Finance met to review this request. T he School O perating Fund and Grant Fund budgets were amended for fiscal year 2016- 2017 by the School Board at their meeting on March 14, 2017. Budget amendments totaling $115,666 and $19,641 were presented to increase the revenue and expenditure budgets in the Operating Fund and Grant Fund respectively. T he O perating Fund was increased due to receiving National Board C ertification funding from the state, an increase in receipts for non-resident tuition and rental fees received. T he Grant Fund was amended to increase the Adult Basic Education grant as well as the IA EP grant. All other changes were line-item adjustments within a grant. T he committee reviewed the request and recommends amending the School O perating Fund and School Grant fund budget as approved by the School Board. Mr. J ones noted that Mrs. J ordan can probably answer any questions. Mr. J ones note that this is an annual thing where they readjust their budget. Mr. Martin asked about the $135,307 National Board C ertification money. Mrs. J ordan noted that the National Board C ertification bonus money must be spent for that specific purpose. She further explained the request to amend the School O perating Fund and School Fund budget requests approved by the School Board. William J ones motioned to amend School Operating Fund and School Grand Fund budgets as approved by the School Board on March 14, 2017. J ames Martin seconded the motion. Ayes: C hisom, Foley, J ohnson, J ones, Martin I.Salem L ions Club C onsider request to appropriate donation received from Salem Lions Club. Audit - Finance C ommittee Vice Mayor J ones stated the D A RE program often receives donations from individuals and civic groups that provide valuable resources to supplement local funding. Donations fund the purchase of promotional and handout material used to reinforce the message our Salem officers are teaching the children. T he C ity received a donation of $5,500 from the Salem Lions C lub in the current fiscal year. T he committee reviewed the request and recommends appropriation of the donation received from the Salem Lions C lub. William J ones motioned to appropriate a donation of $5,500 received from Salem Lions C lub. J ames Martin seconded the motion. Ayes: C hisom, Foley, J ohnson, J ones, Martin J .Virginia Varsity Transfer N ew Warehouse C onsider setting the bond for physical improvements and erosion and sediment control for Virginia Varsity Transfer New Warehouse. A udit - Finance C ommittee Vice Mayor J ones noted the Audit Finance C ommittee reviewed the estimate for physical improvements and erosion and sediment control for Virginia Varsity Transfer's New Warehouse project. T he committee concurs with the City Engineer's office recommendation that the bond be set for $11,814.00 and a period of completion be set at twelve (12) months. William J ones motioned to approve the bond for physical improvements and erosion and sediment control for Virginia Varsity Transfer New Warehouse. J ames Chisom seconded the motion. Ayes: C hisom, Foley, J ohnson, J ones, Martin K.B udget P resentation Receive presentation of 2017-2018 budget for the City of Salem. Mrs. J ordan noted that she is here presenting the budget on behalf of Mr. Boggess who is not able to be here this evening. T hey are presenting for C ouncil's consideration the budget for the fiscal year beginning J uly 2017, and it is being presented in accordance with Section 8.3. of the C harter of the C ity of Salem. She discussed the proposed budget for the 2017-18 fiscal year. Presentation received as presented. 7.C losed Session 8.Adjournment