HomeMy WebLinkAbout3/23/2015 - City Council - Minutes - RegularUNAPPROVED MINUTES
COUNCIL MEETING
March 23, 2015
A regular meeting of the Council of the City of Salem, Virginia, was held
in Council Chambers, City Hall, 114 North Broad Street, on March 23, 2015, at
7:30 p.m., there being present the following members of said Council, to wit:
Byron Randolph Foley, John C. Givens, Jane W. Johnson, William D. Jones, and
Lisa D. Garst; with Byron Randolph Foley, Mayor, presiding; together with Kevin
S. Boggess, City Manager; James E. Taliaferro, II, Assistant City Manager and
Clerk of Council; Rosie Jordan, Director of Finance; William L. Simpson, Jr.,
Assistant City Engineer; Mike Stevens, Communications Director; and Stephen
M. Yost, City Attorney; and the following business was transacted:
WHEREAS, Mayor Foley called the meeting to order at 7:30 p.m.; and
WHEREAS, it was noted that Master Shawn Vanderhooven of Troop 849
was present at the meeting; and
WHEREAS, the March 9, 2015, regular meeting minutes were approved
as written; and
The reports by the Director of Finance of the City’s financial status for a
seven- and eight-month period ending January 31, 2015, and February 28, 2015,
respectively, were received and ordered filed.
WHEREAS, Mayor Foley reported that this date and time had been set to
hold a public hearing to consider an ordinance on first reading the request of
Steven P. & Carliss E. Hoback, property owners, and Emory C. Collins Company,
Inc., property owner, for rezoning two parcels located at 702 and 708 Roanoke
Street (Tax Map #’s 142-4-9 & 10), from LM/HM Light Manufacturing/Heavy
Manufacturing District with conditions to LM/HM Light Manufacturing/Heavy
Manufacturing District; and
WHEREAS, the Clerk of Council reported that notice of such public
hearing had been published in the March 5, and 12, 2015, issues of the Salem
Times-Register, a newspaper published and having general circulation in the City
of Salem; and
WHEREAS, Mr. Taliaferro explained that the property was rezoned in the
mid-eighties and two conditions were placed on the rezoning; one was that any
development would conform to the plan submitted with that rezoning; and that the
only uses would relate to paving; the petitioners would like to remove both
proffers which would allow any use that is currently allowed under the zoning
ITEM 1
ORDINANCE
PASSED ON FIRST
READING
REZONING 702 &
708 ROANOKE ST
FROM LM/HM
WITH CONDITIONS
TO LM/HM
ordinance; and
WHEREAS, Mayor Foley opened the public hearing; and
WHEREAS, Mr. Steven Hoback, 725 Palmer Avenue, Salem, appeared
before Council stating that Evans Auto Repair would like to move from Eighth
Street to 702 Roanoke Street, and when he tried to transfer his business license
this issue with zoning was discovered; he further stated there really is no change
in the actual use of the property; and
WHEREAS, Vice-Mayor Givens inquired if Mr. Camper was to remain at
the rear of the property; and
WHEREAS, Mr. Hoback responded affirmatively; and
WHEREAS, Mrs. Garst stated that the notes from the Planning
Commission indicated there was an issue in regards to parking and parking on the
street; she asked how this had been resolved; and
WHEREAS, Mr. Hoback replied that it is to be a condition of the lease
agreement that the right-of-way is to remain clear; and
WHEREAS, Mr. Jones asked the City Manager if there was a time limit
that vehicles could be parked on a public right-of-way; and
WHEREAS, Mr. Boggess responded that there is a four-day limit, and it is
enforced on a complaint basis; and
WHEREAS, Mr. Givens stated that Mr. Camper’s business has an
abundance of vehicles; and
WHEREAS, Mr. Hoback indicated that it is an ongoing problem, and they
are working to resolve the issue; and
WHEREAS, Mayor Foley closed the public hearing; and
ON MOTION MADE BY VICE-MAYOR GIVENS, SECONDED BY
COUNCILWOMAN GARST, AND DULY CARRIED, an ordinance rezoning
two parcels located at 702 and 708 Roanoke Street (Tax Map #’s 142-4-9 & 10),
from LM/HM Light Manufacturing/Heavy Manufacturing District with conditions
to LM/HM Light Manufacturing/Heavy Manufacturing was duly passed on first
reading – the roll call vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W.
Johnson – aye, John C. Givens – aye, and Byron Randolph Foley - aye.
Mayor Foley reported that this date and time had been set to hold a public
hearing to consider the sale of an approximate 1.1408-acre parcel located at 113
Corporate Boulevard, being a portion of Tax Map 149-1-4, in the City of Salem;
and
WHEREAS, the Clerk of Council reported that notice of such public
hearing had been published in the March 16, 2015, issue of The Roanoke Times, a
newspaper published and having general circulation in the City of Salem;
WHEREAS, Mr. Boggess explained that the Salem Montessori School has
offered to purchase an adjoining piece of property to the existing school on the
Elizabeth Campus property; the proposed subdivision is 1.1408 acres immediately
south of their current property; they would be operating a daycare facility and
moving from their current location on Roanoke Boulevard; the property is zoned
Highway Business District and a daycare would be a use by-right; the offer is one
hundred thirty-two thousand dollars ($132,000) with the following conditions as
discussed in the proposal that has been presented; Salem Montessori would pay
one hundred percent (100%) of the water and sewer connection fees in addition to
the one hundred thirty-two thousand for the 1.1408 acres; at the end of the public
hearing should Council want to move forward, Mr. Yost can offer options as to
how to proceed; and
WHEREAS, Vice-Mayor Givens inquired as to the timeframe of the
daycare opening; and
WHEREAS, Mr. Barney Horrell, 3555 Carvins Cove Road, Salem,
appeared before Council stating that the goal is to open by this fall; the proposed
facility will be smaller than the current building on Corporate Boulevard; it will
create a campus type feel; and
WHEREAS, Mayor Foley inquired if Mrs. Vanderhooven currently owns
the daycare property on the Boulevard; and
WHEREAS, Mr. Horrell responded affirmatively; and
WHEREAS, Mayor Foley closed the public hearing; and
WHEREAS, Councilwoman Garst asked that since the property will only
have one access and that access is from Corporate Boulevard, would public
service vehicles have appropriate access to the daycare; and
WHEREAS, Mr. Boggess replied that is part of the site plan review
process and it will be evaluated at that time; and
ITEM 2
SALE OF 1.1408
ACRE TRACT AT
113 CORPORATE
BLVD, PORTION OF
149-1-4,
APPROVED
WHEREAS, Mr. Yost stated that in many of these cases where the City
has sold this property there have been formal plans and pictures of the proposed
site and in this case, there is not; in reviewing the conditions, there does not
appear to be any issues with these conditions; but in the course of negotiating the
actual contract should address the right to repurchase if not constructed within a
certain period of time, which is a standard provision in all contracts of the
Elizabeth Campus, the type of construction materials that are allowed, how many
square feet, limit of height of development, etc.; if in fact it is the inclination of
Council to approve this sale, subject to an appropriate contract negotiated between
the purchaser and City Administration; it is possible that the contract would come
before you at a later date to discuss the details;
WHEREAS, Mr. Horrell indicated that the school has a floor plan they
have been working with for cost numbers, and financing is in place; leaving
tonight the design of the site plan would begin; the intent is to make the daycare
look similar to the existing school, brick façade, hip roof; in looking at costs, a
metal roof may not be feasible; and
WHEREAS, Councilman Jones inquired if the roof could be of similar
color if not metal; and
WHEREAS, Mr. Horrell responded that the current metal roof is a coffee
color brown and would be easily matched with a shingled roof; and
ON MOTION MADE BY VICE-MAYOR GIVENS, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, a contract for the sale
of a 1.1408 acre tract located at 113 Corporate Boulevard, being a portion of Tax
Map #149-1-4, is hereby approved as presented, subject to the approval of an
appropriate contract of purchase – the roll call vote: Lisa D. Garst – aye, William
D. Jones – aye, Jane W. Johnson – aye, John C. Givens – aye, and Byron
Randolph Foley - aye.
WHEREAS, Vice Mayor Givens, Chair of Council’s Audit-Finance
Committee, reported that the Committee reviewed Resolution 1263 setting the
allocation percentage for personal property tax relief for the 2015 tax year. In
December 2005, the City adopted an ordinance enacting the Personal Property
Tax Relief Act. The City uses the PPTRA Allocation Model developed by the
state to calculate the effective reimbursement rate. The rate computed using the
model for 2015 is 64.59%. This Committee recommended adoption of Resolution
1263 setting this rate.
WHEREAS, Mrs. Jordan stated that the rate for the current year is 63.8%
so it is a very small change; and
ON A MOTION MADE BY VICE-MAYOR GIVENS, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, to adopt Resolution 1263
setting the allocation percentage for personal property tax relief for the year 2015
at 64.59% – the roll call vote: Lisa D. Garst – aye, William D. Jones – aye, Jane
W. Johnson – aye, John C. Givens – aye, and Byron Randolph Foley – aye.
WHEREAS, Vice Mayor Givens, Chair of Council’s Audit-Finance
Committee, reported that The Committee reviewed Resolution 1264 authorizing
the issuance, sale, and award of a General Obligation Refunding Bond of the City
of Salem, in an aggregate principal amount not to exceed $19,500,000. The City
of Salem issued its $25,000,000 General Obligation Public Improvement Bonds,
Series 2006A, on May 3, 2006. The proceeds of these bonds were used to finance
various capital improvements projects. It appears that the City can effect debt
service savings by issuing a series of its general obligation refunding bonds to
refund all of the outstanding 2006A Bonds and to pay the costs of the related
issuance and refunding costs. Our financial advisor, Davenport & Company LLC,
has solicited bids through a private placement with a commercial banking or other
financial institution. This Committee recommended adoption of Resolution 1264
authorizing this Bond.
WHEREAS, Councilman Jones stated that over a course of fourteen years
this will save the City taxpayers approximately 2.6 million dollars; this is a
refinancing of the bonds that funded the Electric Department and also the
renovations to Spartan Field, Salem Stadium, Public Safety renovations, Solid
Waste Transfer Station renovations, and a fire engine in 2006; and
ON A MOTION MADE BY VICE-MAYOR GIVENS, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, to adopt Resolution 1264
authorizing the issuance, sale and award of up to $19,500,000 in general
obligation refunding bonds – the roll call vote: Lisa D. Garst – aye, William D.
Jones – aye, Jane W. Johnson – aye, John C. Givens – aye, and Byron Randolph
Foley – aye.
ITEM 3
ADOPT ION OF
RESOLUTION 1263
SETTING THE
ALLOCATION
PERCENTAGE FOR
PERSONAL
PROPERTY TAX
RELIEF FOR THE
2015 TAX YEAR AT
64.59%
ITEM 4
ADOPTION OF
RESOLUTION 1264
AUTHORIZING THE
ISSUANCE OF 19.5
MIL IN GEN
OBLIGATION
REFUNDING
BONDS
WHEREAS, Vice Mayor Givens, Chair of Council’s Audit-Finance
Committee, reported that the Committee reviewed Resolution 1265 setting fees
for the Farmers Market. The Salem Farmers Market has not seen a rate increase
since the market was built in 1993. After consulting with other area markets
regarding pricing structure, City staff has requested a change in the pricing
structure that would go into effect with the 2015 season. The changes will
eliminate the short season and long season options and replace them with a
weekday rate of $5.00 and a Saturday rate of $10.00. The full season rate will
remain the same at $270 for the full season of April thru December. This
Committee recommended adoption of Resolution 1265 setting new rates for the
Farmers Market.
WHEREAS, Councilman Jones stated that in researching other localities’
fees for their farmers’ markets, the City will still be lower than the surrounding
areas; and
WHEREAS, Councilwoman Johnson indicated that this is a great value;
and
WHEREAS, Councilwoman Garst agreed, specifying that the market is a
prime spot on Main Street; it is maintained by the City; and for thirty-five dollars
a month it is a bargain; and
WHEREAS, Vice-Mayor Givens stated that the City is very proud of how
well the market is attended both by vendors and citizens; and
ON A MOTION MADE BY VICE-MAYOR GIVENS, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, to adopt Resolution 1265
setting the fees for the Salem Farmers Market – the roll call vote: Lisa D. Garst –
aye, William D. Jones – aye, Jane W. Johnson – aye, John C. Givens – aye, and
Byron Randolph Foley – aye.
WHEREAS, Vice Mayor Givens, Chair of Council’s Audit-Finance
Committee, reported that the Committee reviewed the request to accept and
appropriate stormwater permit fees. Stormwater management programs were
implemented by local governments effective July 1, 2014, as required by the State
to comply with the Clean Water Act of 1972. These regulations were developed
to provide protection of local waterways and consistent application of new state
and federal requirements. The State determined localities should collect the
permit fees for land-disturbing activities. This Committee recommended to
accept and appropriate stormwater permit fees as requested.
WHEREAS, Mr. Simpson stated that these are the fees and permits that
the State of Virginia, DEQ, used to collect and maintain; they have now passed
ITEM 6
APPROPRIATION
OF $16,913 IN
STORMWATER
PERMIT FEES
ITEM 5
ADOPT ION OF
RESOLUTION 1265
SETTING FEES FOR
FARMERS MARKET
that responsibility down to the localities, and the City is collecting the fees and
issuing the permits; this only applies to land that is over one acre; and
WHEREAS, Councilwoman Garst added that this administrative right
would carry over; and
WHEREAS, Mrs. Jordan stated that the bond center collective must
reinvested into the program so any funds not expended each fiscal year will be
asked to have the right to administratively appropriate those funds to the next
year; and
ON A MOTION MADE BY VICE-MAYOR GIVENS, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, to accept and appropriate
$16,913 in stormwater permit fees; and is administratively appropriated in the
future – the roll call vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W.
Johnson – aye, John C. Givens – aye, and Byron Randolph Foley – aye.
Mayor Foley requested that Council consider ratification of the by-laws
for the City of Salem Community Policy and Management Team (CPMT); and
WHEREAS, Mrs. Jordan stated that there are by-laws for the City of
Salem Community Policy and Management Team; these by-laws periodically
have to be reviewed and amended; there are no amendments to the current by-
laws but because the CPMT has gone through a full assessment, and as part of
that assessment, it is requested that Council ratify the by-laws; and
WHEREAS, Mayor Foley clarified that CPMT is a collaborative system
of services and funding that is at risk child centered and family focused
community based assistance; and
ON A MOTION MADE BY VICE-MAYOR GIVENS, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, to ratify the by-laws of the
City of Salem Community Policy and Management Team (CPMT); and is
administratively appropriated in the future – the roll call vote: Lisa D. Garst –
aye, William D. Jones – aye, Jane W. Johnson – aye, John C. Givens – aye, and
Byron Randolph Foley – aye.
Mayor Foley requested that Council consider an ordinance on second
reading amending Chapter 26, Article II, Section 26-43(b), of the CODE OF THE
CITY OF SALEM, VIRGINIA, regarding Precinct F or Hidden Valley Precinct;
ordinance was passed on first reading at the March 9, 2015, meeting;
WHEREAS, due to an error on Council’s agenda, this item was listed as a
ITEM 7
CPMT BY-LAWS
RATIFIED
ITEM 8
ORDINANCE ADOPTED
AMENDING CHAPTER
26, ARTICLE II, SECTION
26-43(B) MOVING
PRECINCT F OR HIDDEN
VALLEY PRECINCT TO
THE SALEM CIVIC
CENTER
public hearing; as such, Mayor Foley opened the public hearing, asked for public
comment, hearing none, then closed the public hearing; and
ON MOTION MADE BY COUNCILWOMAN GARST, SECONDED
BY COUNCILMAN JONES, AND DULY CARRIED, an ordinance amending
Chapter 26, Article II, Section 26-43(b), of the CODE OF THE CITY OF
SALEM, VIRGINIA, by amending Section 26-43(b), moving Precinct F or
Hidden Valley Precinct from Bethel Baptist Church to the Salem Civic Center
was hereby adopted – the roll call vote: Lisa D. Garst – aye, William D. Jones –
aye, Jane W. Johnson – aye, John C. Givens – aye, and Byron Randolph Foley –
aye.
WHEREAS, Vice Mayor Givens, Chair of Council’s Audit-Finance
Committee, reported that the Committee reviewed the bids for the 2014-2016
Street Paving Program. The City’s Engineer’s office had previously reviewed the
one bid and found that bid was consistent with the bid specifications. This
Committee recommended acceptance of the bid of L. H. Sawyer Paving in the
amount of $3,100,000.00.
WHEREAS, Mayor Foley stated that this contract includes West Main
Street from Academy Street to Lake Spring Park; and
ON A MOTION MADE BY VICE-MAYOR GIVENS, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, award contract in the amount
of $3,100,000 to L. H. Sawyer Paving for 2014-2016 – the roll call vote: Lisa D.
Garst – aye, William D. Jones – aye, Jane W. Johnson – aye, John C. Givens –
aye, and Byron Randolph Foley – aye.
There being no further business to come before the Council, the same on
motion adjourned at 8:00 p.m.
ITEM 9
AWARD
CONTRACT FOR
2014-2016 PAVING
PROGRAM TO L H
SAWYER PAVING
FOR 3.1 MILLION