HomeMy WebLinkAbout5/23/2016 - City Council - Minutes - RegularCity Council Meeting
MINUTES
Monday, May 23, 2016, 7:30 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 the minutes of the May 9, 2016 regular meeting. (There was no Work Session held
on May 9, 2016.)
5. Old Business
A. 2016 - 2017 Budget Ordinance Consider the ordinance on second reading to appropriate funds for the fiscal year 2016 - 2017
budget. (Passed on first reading at May 9, 2016 meeting.)
Mr. Jones stated he would like to pass the budget on second reading with the condition that the Salem City
School Board review the student tuition payment structure and share that information at the Council/School
Board joint Work Session meeting.
William Jones motioned to approve the budget ordinance on second reading to appropriate funds for the
fiscal year 2016 - 2017 budget. (Approved on first reading at May 9, 2016 meeting). Vice-Mayor John
Givens seconded the motion.
Ayes: Foley, Givens, Johnson, Jones
Absent: Chisom 6. New Business
A. Green Awards Presentation of City Council's Pride in Salem Green Awards
B. Salem High School Forensics Team Consider adoption of Resolution 1290 commending the Salem High School Forensics Team for winning the
2016 Group AA State Championship.
Jane Johnson motioned to adopt Resolution 1290 commending the Salem High School Forensics Team for
winning the 2016 Group AA State Championship. Vice-Mayor John Givens seconded the motion.
Ayes: Foley, Givens, Johnson, Jones
Absent: Chisom C. Vacation of Right of Way Hold a public hearing to consider adoption of Resolution 1291 appointing viewers to consider permanently
vacating an undedicated right of way located on the South side of Rose Lane approximately 340' to North
Stonewall Street, bounded on the East by the City of Salem. (As advertised on April 28, 2016 and May 5,
2016 Salem Times Register.)
Mr. Taliaferro stated there are electric lines on the property and if Council appoints viewers it is
recommended that Council vacate the implied interest the City has in the street as the street was never
dedicated to the City. The City received a letter of support of the vacation from Jeff and Joanne Martin.
Vice-Mayor Givens stated he would like the City to keep the utility easement in the Ordinance.
Mr. Michael Furry, the petitioner stated that he along with the other property owner, Ms. Mollie Deberry are
in favor of the vacation.
Ms. Deberry, the owner of 910 Rose Lane, asked who would be responsible for dividing the land
distinguishing the property between the owners. Mr. Yost stated the legal effect of a vacation that is
recorded in the ordinance is that the division would be distributed to the owners of the adjacent
property from the midline of the road.
Mr. Gregory Shears, stated he has been a care taker of the property and feels the easement should be
moved because the easement would be difficult for AEP to access.
Mr. Boggess stated with the existing easement being there the City has a right to run utilities through the right
of way although it has never been dedicated and tonight's discussion is to change ownership without the City
giving up the right to run utilities on the property. Due to the cost to move and/or vacate the utilities there is
no advantage to the City to do so, therefore the City would reserve the right to maintain the easement.
There was no further discussion and the public hearing was closed.
William Jones motioned to adopt Resolution 1291 appointing viewers to consider permanently vacating an
undedicated right of way located on the South side of Rose Lane approximately 340' to North Stonewall
Street, bounded on the East by the City of Salem. Vice-Mayor John Givens seconded the motion.
Ayes: Foley, Givens, Johnson, Jones
Absent: Chisom D. Special Exception Permit Hold a public hearing to consider the request of Mohamed Hosny, property owner, for the issuance of a
Special Exception Permit to allow a two-family dwelling on the property located at 10 Point Pleasant
Avenue (Tax Map # 78-2-2). (As advertised in the April 28 2016, and May 5, 2016, issues of the Salem
Times Register. Recommend approval; see Page 1, Planning Commission minutes.) STAFF REPORT
Mayor Foley asked if there was a representative in attendance to speak on behalf of Mr. Mohamed Hosny,
property owner of 10 Point Pleasant Avenue and there was none.
Mr. Van Allman stated the said property, located at 10 Point Pleasant Avenue, Tax Map #78-2-2, is zoned
residential single family and is currently being used as a duplex. The records do not show when the
conversion took place as the property was formerly a part of Roanoke County. The records do show a
second meter was added in 1994.
Damion Gettier, real estate agent for Mr. Hosny stated the property is currently listed for sale and there is a
buyer involved. Due to the single family use zoning the property can only be sold as a single family
residence and would require extensive remodeling to convert the property back to single family use being
that it is currently used as a duplex.
Mr. Yost stated that Mr. Hosny acquired the property as a duplex in 2010 and Mr. Taliaferro stated from a
City staff perspective the property in considered to be grandfathered.
There was no futher discussion and the public hearing was closed.
Vice-Mayor John Givens motioned Motion. William Jones seconded the motion.
Ayes: Foley, Givens, Johnson, Jones
Absent: Chisom
E. Pay Ranges and Steps 2016 - 2017
Consider adoption of Resolution 1288, amending the schematic list of job classes, pay ranges and steps
previously set forth on May 28, 2013, to be a part of the 2016 -2017 fiscal year budget. Audit - Finance
Committee
Vice-Mayor John Givens motioned to adopt Resolution 1288, amending the schematic list of job classes, pay
ranges and steps previously set forth on May 28, 2013, to be a part of the 2016 - 2017 fiscal year budget.
William Jones seconded the motion.
Ayes: Foley, Givens, Johnson, Jones
Absent: Chisom F. Tax Rates Resolution Consider adoption of Resolution 1289, a resolution imposing taxes on real estate, tangible personal property,
machinery and tools, and all legal subjects of taxation for City purposes including the property of railroad,
express, telephone, telegraph, water, heat (gas) and power companies. Audit - Finance Committee
Vice-Mayor John Givens motioned to adopt Resolution 1289, a resolution imposing taxes on real estate,
tangible personal property, machinery and tools, and all legal subjects of taxation for City purposes including
the property of railroad, express, telephone, telegraph, water, heat (gas) and power companies. William
Jones seconded the motion.
Ayes: Foley, Givens, Johnson, Jones
Absent: Chisom G. Adoption of 2016 - 2017 Budget Consider Resolution 1292 to adopt the fiscal year 2016 - 2017 budget. Audit - Finance Committee
Vice-Mayor John Givens motioned to adopt Resolution 1292 to adopt the fiscal year 2016- 2017 year
budget. William Jones seconded the motion.
Ayes: Foley, Givens, Johnson, Jones
Absent: Chisom H. Tax Exempt Property City Code Consider approval of Section 82-8(a) amending the City Code to direct triennial applications.
Mr. Yost stated real estate tax exemptions for exempt entities, such as governmental entities, churches
and schools are exempt from real estate taxes. The state code provision has changed. In the past, each of
these entities had to refile an application every two years to certify they were still in exempt use. The state
code application now is trienially, so the City is conforming our local ordinance to the requirements of the
state code provision.Vice-Mayor John Givens motioned to approve Section 82-8(a) amending the City Code
to direct triennial applications. William Jones seconded the motion.
Ayes: Foley, Givens, Johnson, Jones
Absent: Chisom 7. Closed Session
A. Closed Session Hold a closed Session to in accordance with Section 2.2-3711A(3), of the 1950 Code of Virginia, as
amended for the purposes of a discussion or consideration of the acquisition of real property for a
public purpose the City may wish to sell or convey; and Section 2.2-3711A(6), for discussion or
consideration of public funds whose competition and bargaining is involved, where, if made public,
initially, the financial interest of the City would be adversely affected.
The certification was read by Vice-Mayor Givens for Council to convene to a Closed Session.Vice-Mayor
John Givens motioned to approve a Closed Session in accordance with Section 2.3-3711A(3), of the 1950
Code of Virginia, as amended for the purposes of a discussion or consideration of the acquisition of real
property for a public purpose the City may wish to sell or convey; and Section 2.2.-3711A(6), for discussion
or consideration of public funds whose competition and bargaining is involved, where if made public,
initially, the financial interest of the City would be adversely affected. William Jones seconded the motion.
Ayes: Foley, Givens, Johnson, Jones
Absent: Chisom 8. Adjournment Vice-Mayor John Givens motioned for Council to adjourn at 9:11 p.m.. Jane Johnson seconded the motion.
Ayes: Foley, Givens, Johnson, Jones
Absent: Chisom