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HomeMy WebLinkAbout9/25/2023 - City Council - Minutes - RegularCity Council Meeting MINUTES Monday, September 25, 2023, 6:30 PM Work Session 5:15 P.M. Council Chambers Conference Room, City Hall, 114 North Broad Street, Salem, Virginia 24153 Regular Session 6:30 P.M. Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 24153 WORK SESSION 1. Call to Order A work session of the Council of the City of Salem, Virginia, was held in the Council Chambers Conference Room, City Hall, 114 N. Broad Street, Salem, Virginia, on September 25, 2023, at 5:15 p.m., there being present the following members of said Council to wit: Renée Ferris Turk, Mayor; James W. Wallace, III, Vice- Mayor; Council members: Byron Randolph Foley, William D. Jones, and H. Hunter Holliday; with Renée Ferris Turk, Mayor, presiding together with James E. Taliaferro, II, City Manager; Rob Light, Assistant City Manager and Clerk of Council; Chuck Van Allman, Director of Community Development; Mary Ellen Wines, Planning and Zoning Administrator; Troy Loving, Building Official; Max Dillon, Planner; Crystal Williams, Assistant to the City Manager; and the following business was transacted; Mayor Turk reported that this date, place, and time had been set in order for the Council to hold a work session. 2. New Business A. Discussion Items Follow up discussion on Land Use items from Council Retreat. As a result of the City Council Retreat in March 2023, several short-term goals were discussed and prioritized. Mary Ellen Wines, Planning and Zoning Administrator, gave a presentation with an update on the comprehensive plan rewrite/zoning. The City is currently in discussions with a consultant to proceed with the comprehensive plan rewrite. She also presented as a follow up land use and planning items as well as residential property maintenance items that were identified at the retreat and discussion was held. This included discussion of the Current Code as well as enforcement issues. Information was shared on how other municipalities are handling property maintenance. Staffing needs in Community Development were also presented and discussed. A follow up to this Work Session will be held at the Work Session for the 2nd October meeting of Council. A Joint meeting of Council and the Salem City School Board will be held at the next meeting. 3. Adjournment There being no further business, Mayor Turk adjourned the meeting at 6:21 p.m. REGULAR SESSION 1. Call to Order A regular meeting of the Council of the City of Salem, Virginia, was called to order at 6:30 p.m., there being present the following members to wit: Renée Ferris Turk, Mayor; James W. Wallace, III, Vice-Mayor; Councilmembers: Byron Randolph Foley, William D. Jones, and H. Hunter Holliday; with Renée Ferris Turk, Mayor, presiding together with James E. Taliaferro, II, City Manager; Rob Light, Assistant City Manager and Clerk of Council; 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. Citizen Comments Comments from the public, limited to five minutes, on matters not already having a public hearing at the same meeting. Carolyn Fedison, 1230 Missouri Avenue, was the first citizen to address Council. She expressed concerns about the Neurorestorative Group Home that is right beside her home. She is seeking Council's assistance with a few issues involving the group home at 1234 Missouri Avenue. Ms. Fedison prefaced her comments by noting that the neighbors are not seeking to close the group home as individuals that have experienced traumatic brain injury need a safe environment but just seek to make the neighborhood safe. She cited an incident in which her home was compromised, and burglary occurred. She also spoke of other incidents in which the police had been called as well as instances in which a resident of the group home was out wandering in the neighborhood. She outlined the escalation from vehicles to home entry and expressed concern about safety for the residents of the neighborhood. Ms. Fedison shared suggestions that she felt could be helpful such as an ankle monitor for the resident that would notify an employee that the resident had left the property, a gate across the driveway entrance and exit that could only be opened by employees, perhaps the business owner could be held accountable and liable for the actions of the residents, to remove that resident from the group home to another facility. Lynne Price, 1231 Missouri Avenue, expressed concern about safety issues in the neighborhood rising from the Neurological Group Home on their street. She shared exhibits with Council to review. She cited a timeline of specific incidents and noted that the police had been called multiple times. Mrs. Price noted that incidences are increasing and expressed that she knew staff shortages were a challenge as well as staff turnover. She noted that it would be nice to see a gate put up at the entrance, more staff employed, or a reduction in the number of residents to enable proper supervision. She also expressed concern about the speed at which employees of this facility drive down their street. Sara Elmore, 1222 Missouri Avenue, shared that they had lived in the neighborhood for eleven years and now feel they have to lock the doors just to go in the front yard. She also gave examples over the course of time of incidents that have happened and noted that the number of incidents has been escalating and expressed concern that adequate safety measures were not in place for the group home. She noted that she had even put up a fence as a deterrent in her yard. She expressed concern for the safety of the residents as well as the safety of the neighborhood. Ms. Elmore shared the definition of a residential rehabilitation program. She stated that her concern for the residents at the home had transitioned from supportive and friendly to distressed, fearful, and threatened. She expressed that the policies and procedures of the group home needed to be reviewed by the owner, the owner needed to be examined for compliance, and the neighbors felt that the individual in question needed to be removed from the group home. John Breen, 142 Bogey Lane, was the last citizen to address Council this evening. He expressed concern about Code enforcement and expressed that it was not the function of the Comprehensive Plan to address issues of blight, dilapidated structures, code enforcement, and unsightly conditions. He requested: 1) an ordinance based upon another Virginia city (proposed amendment was provided for Council) to abate cars parking in front lawns when parking is otherwise available be provided to Council. It is requested that this would be considered, modified as needed and sent to the Planning Commission for a public hearing. 2) To encourage Code enforcement and inform the public he provided an example of an existing Code violations Case Listing report and requested that these be posted on the City's website with the modifications that the name of complaining party be blocked and the addition of listing if a complaint was found invalid with reason; 3) a special committee be created and charged with 120 days to make detailed recommendations to Council that address eyesores, blight, building maintenance, enforcement, etc. The committee's composition could be one or more persons from Council, the Planning Commission, the public, and the City Staff. The City Attorney could be an advisory member. B. Minutes Consider acceptance of the September 11, 2023, Work Session and Regular Meeting minutes. The minutes were approved as written. C. Financial Reports Consider the acceptance of the Statement of Revenues and Expenditures for the two months ending August 2023. The financial reports were received. 5. Old Business There was no old business this evening. 6. New Business A. Salem City School Board Hold a public hearing to receive the views of citizens within the School Division regarding the School Board appointment for the expiring term ending December 31, 2023 of one member of the City of Salem School Board. (As advertised in the September 7, 2023, issue of the Salem-Times Register). Mayor Turk noted that the Council is greatly appreciative to David Preston for his service to the City over the years that he has served on the Salem City School Board, both as a member and as Chairman of the Board. Mr. Foley clarified that the applicants were not required to speak if they did not wish to do so if they had turned in their applications. Mayor Turk requested that Mr. Light read the list of applicants that had applied to this point for the public record. Mr. Light noted that per City Code, the list of names has to be read aloud. Mr. Light shared the applicants for the position on the Salem City School Board as: Chelsea Dyer, Tom Fame, Rachel Thompson, Ray Varney, Angel Lane, and Bill Gerrol. Mayor Turk stated for the public record that the names that were read as well as anyone that came forward that was interested in applying for the School Board could do so publicly during the public hearing. Mayor Turk opened the public hearing. Rachel Thompson, 231 Baier Drive, noted that this was her second time running for the Salem City School Board and that she was a business owner in Salem, leading twenty employees as an immigration and adoption attorney. She shared that she often had to make difficult decisions and that she was a mother of four children, three of which are enrolled in the Salem City Schools. She felt that she was well qualified for this position and that she would bring variety and perspective. Ms. Thompson gave the reasons that she would like to be a part of the Salem City School Board: 1) Education is important to her as she wants to make sure that her children are getting the best education and there is no reason that Salem should not be an academic leader in the surrounding area as well as in the Commonwealth. She felt that her business acumen would fill the spot that Mr. Preston is vacating on the Board due to her experience as an attorney and business owner. 2) As a citizen in Salem and a parent of three children in the Salem school system, it is extremely important to Ms. Thompson that the school board has a vested interest in the decisions that it makes. She further added that the school board should contain members that were parents of children enrolled in the schools so that they feel the impact of the decisions that are made. Lastly, she indicated that the leadership should reflect the diversity of the student and employee population that is served. She ended by noting that not only was she qualified for the position with her business acumen, personnel experience, and overall resumé, but she is also a minority who would reflect the population well. Natalie DiFusco-Funk, 141 Ferrum Drive, noted that she appeared before Council last year to speak on behalf of Rachel Thompson for School Board and that she wished to show her support again this year. She shared that she had been a citizen of Salem since 2019 and an employee since 2011 having just started her twenty-first year as a teacher. She also commented that she knew Rachel and her family well as friends as well as having taught one of her sons last year and having another one of Rachel's children in class this year. Ms. DiFusco-Funk stated that Ms. Thompson was needed on the School Board because of her perspective as a woman of color and her experience as an immigration lawyer. She spoke of the increasing number of students that are immigrants that are in foster care and have been adopted in the Salem School System. She felt it was important that the Board represent the population that it serves. She ended by saying that Rachel's wisdom, perspective, background, and kindness were needed on the board and that as a parent, citizen, and teacher, she requested that Council consider Rachel for the Board. Beth Morgan, 628 Marshall Street, came forward to speak on behalf of Rachel Thompson. She noted that she is a first-grade teacher at G.W. Carver and that she met Rachel six and a half years ago when she moved to Salem, and they became neighbors. During this time, they have grown to be friends. Ms. Morgan noted that during this time, she had seen Rachel go through both highs and lows in life and yet her character, integrity, and values have never wavered. She believes that Rachel would be a wonderful addition to the School Board as she is a woman of great moral character, and her values are part of what guide her actions and decisions. She added that she is honest, trustworthy, and reliable, and treats all people with respect and dignity. Her work as a lawyer has provided her with experience in working with all kinds of people and she sees the value of each of them as human beings. This experience, as well as her experience as a mother would lend itself to being a member of the School Board. She has shown that she has discipline and is able to balance many different areas in her life and do them all well. She indicated that Rachel displayed the ability to look at all sides of an issue in making decisions. Ms. Morgan also felt that having Board members that are parents is important in giving them perspective that is needed as decisions are made in regard to the Salem schools. She ended by emphasizing that she felt Rachel would work diligently and would be an asset to the School Board. No one else came forward to speak. Mayor Turk closed the public hearing. Mayor Turk noted that Council had information and resumés for each of the candidates that had applied for the School Board and that they would refer to staff to set up interviews that Council could meet with the candidates. Mr. Taliaferro confirmed that staff would set up times for interviews. Mayor Turk thanked each of the candidates for applying and for caring and wanting to be part of the School Board and the school system. B. Special Exception Permit Hold public hearing to consider the request of David A. Thompson, property owner, for the issuance of a Special Exception Permit to allow a 1,500 square foot detached garage on the property located at 640 Joan Circle, (Tax Map # 243 -2 - 16). (Advertised in the September 14 and 21 issues of the Salem Times-Register.) Planning Commission recommended denial see pages 2-5 of the September 13, 2023, minutes. STAFF REPORT Mayor Turk noted that information was included in the agenda packet with minutes from the Planning Commission meeting as well as information on the design of the building, the plot, and where it would be established. Mayor Turk opened the public hearing. Mike Fisher, 66 Upland Drive, addressed Council and indicated that his daughter lived next door to this address. He felt that a 1,500 square foot detached garage was excessive for the neighborhood, especially at the proposed location. His daughter bought this house in part for the fabulous views and this request is to build a fifty foot by thirty foot four-car garage adjacent to his daughter's property. He noted that he understood property rights and he understood that Mr. Thompson could build a one thousand square foot garage at that location but that if allowed to build this structure as proposed at the proposed location that this would have a substantial negative impact on the view and the view of the next-door neighbor. He continued that this would not be consistent with anything else in Karen Hills as there were no other detached structures larger than one thousand feet and that he felt with the size of the lot that Mr. Thompson could build this structure elsewhere on his property and not affect any of his neighbors because of the topography. He gave details of another car enthusiast in the neighborhood that had built an approximately 932 square foot three-car garage. He requested that Council consider the negative impact this would have on the neighborhood. Paul Daniels, 642 Joan Circle, appeared before Council and noted that his family had moved into their house in late April and that they bought the house because of the phenomenal view. He understood that people have the right to build what they wish on their property but that this proposal would substantially block the view. He also noted that this was not consistent with detached structures in that neighborhood. David Thompson, 640 Joan Circle, was the last citizen to appear before Council. He noted that he could attach to his house and build as large as he wished and that he did not feel that he would be obstructing the view. He noted that he had lived in Salem a long time and paid a lot of taxes to the City. Mayor Turk asked of Community Development if this were an attached garage how this would change the location or size? Mr. Van Allman replied that it would then become a primary structure, so the setbacks would change. The setback for the primary structure would be twenty-five feet from the front property line and either the lesser of ten percent of the average lot width or twenty feet. You have to be further in on the property, but it does have to be physically connected to the main property. That is true of at the very least the roof structure. They tend to be much closer to the main structure and tucked in behind it. You cannot really set too far back unless you want to create some kind of structure between it and the main building. This would be an accessory structure that would be located farther back in the lot, but it can be closer to the property line, and in this case, it could be within five feet of the property line. That is why typically in this type of situation, you can build it as large as you want as long as the structure meets the primary setback requirements. There is no differentiation between the garage and your house if it is one unit. Mayor Turk asked if there was a height restriction. Mr. Van Allman responded that the structure cannot be any higher than the average height of the main building. That height currently as determined by the Planning Department is determined to be about fifteen to sixteen feet. That is a height that is based upon the structure, not where it sits on the property. That is an absolute height. It can be no taller than the primary building. Mr. Jones asked if Mr. Thompson could attach a 1500 square foot garage to the house with the amount of space he has. Mr. Van Allman confirmed that he could do so, but it would be much closer physically and integrated into the existing building. Mr. Thompson added a clarification about the driveway. Mr. Jones asked Mr. Thompson if the pavement itself would be fifty feet across the front and would narrow back in as it comes around. Mr. Thompson responded with clarification that the driveway would taper. Mayor Turk asked if Mr. Thompson had considered any other locations on the property. Mr. Thompson responded that was not convenient for him. No other citizens came forward to speak. Mayor Turk closed the public hearing. Mr. Foley stated that Council had spent an hour and fifteen minutes this evening discussing different aspects of zoning and that it seemed ironic that they were being asked to allow a special exception permit for a building that to him was excessive in a residential area. Mr. Wallace commented that people that moved to Salem expected to have a certain amount of guardrails to keep the neighborhood as a neighborhood. Those guardrails are taken down when you grant a special exception permit and people are left with a building that does not fit the neighborhood. Mayor Turk noted that her vote would be because she did not feel that a detached structure that large that is almost as big as the house belongs in a neighborhood. She is hoping in good faith with the neighbors that some other consideration will be made that will suit his needs but also the needs of his neighbors. Randy Foley motioned to deny the request of David A. Thompson, property owner, for the issuance of a Special Exception Permit to allow a 1,500 square foot detached garage on the property located at 640 Joan Circle, (Tax Map # 243 -2 - 16). James Wallace seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace C. 630 Union Street Consider concept change for 630 Union Street. Barney Horrell, 3553 Carvins Cove Road, Brushy Mountain Engineering, stated that the original concept plan showed the two buildings facing each other. A minor change to rotate the direction that the buildings are located so that they are constructed side-by-side and facing the street is being proposed. He noted that the reason this change was being made was that it made more sense from a site plan perspective, and it also would look better. Mr. Wallace asked if this would still maintain the same architectural standards. Mr. Horrell responded that it would and that everything else would remain the same other than the rotation of the buildings. Randy Foley motioned to approve the amended concept plan for 630 Union Street. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace D. Boards and Commissions Consider appointments to various boards and commissions. Mr. Foley questioned whether Mr. Rippee had been reached out to in order to see if he was still willing to continue serving on the Board of Zoning Appeals. It was decided to table this item until the next regular meeting of Council in order to verify this information before voting on this item. Mr. Foley clarified for the public that this was a motion to recommend Mr. Tony Rippee for Circuit Court reappointment to the Board of Zoning Appeals. Mayor Turk also stated for the benefit of the public that there are other openings that are available on various boards and commissions. She noted that there was an opening on Blue Ridge Behavioral Healthcare and that a member was needed that would serve the remainder of a three-year term ending December 31, 2024. She shared that on the Board of Appeals the City needs one alternate for a five-year term. On the Economic Development Authority, a replacement is needed to complete the remainder of the four-year term of Rob Robinson that will end December 14, 2024. One member is also needed for the Roanoke River Blueway Advisory Committee and that this would be a two-year term. She encouraged citizens to take a look at the different board and commission openings that are listed on the City's website to consider possibly serving in one of those capacities. 7. Closed Session A. Closed Session Hold a Closed Session pursuant to Section 2.2-3711 A (6) of the 1950 Code of Virginia, as amended for discussion or consideration of the investment of public funds where competition and bargaining is involved, where, if made public, initially, the financial interest of the City would be adversely affected. Jim Wallace motioned that in accordance with Section 2.2-3711 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 matter: Discussion or consideration of the investment of public funds where competition and bargaining is involved, where, if made public, initially, the financial interest of the City would be adversely affected. Randy Foley seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace James Wallace motioned to reconvene at 7:47 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, Holliday, Jones, Turk, Wallace 8. Adjournment The meeting was adjourned at 7:47 p.m.