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HomeMy WebLinkAbout1/26/2015 - City Council - Minutes - RegularUNAPPROVED MINUTES CITY COUNCIL WORK SESSION January 26, 2015 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 January 26, 2015, at 6:30p.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 (absent); with Byron Randolph Foley, presiding; together with Kevin S. Boggess, City Manager; Rosie Jordan, Director of Finance; Mary Ellen Wines, Deputy Zoning Administrator/Secretary; City Registrar, Dana Oliver, Stephen Smeltzer and Katherine Elam of the Electoral Board; 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. Oliver, Mr. Smeltzer, and Ms. Elam facilitated a discussion pertaining to relocating the Hidden Valley Voting Precinct from Bethel Baptist Church to the Salem Civic Center and South Salem #2 Precinct from Cardinal Academy to First Evangelical Methodist Church; and WHEREAS, Mr. Boggess updated Council on current legislative bills that are before the Virginia General Assembly; and WHEREAS, Ms. Jordan distributed the monthly financial report discussing the new format; and WHEREAS, there were no other topics for discussion. There being no further business to come before the Council, the work session was adjourned at 7:23p.m. ____________________________________ Mayor _____________________________________ Clerk of Council 1 | Page UNAPPROVED MINUTES COUNCIL MEETING January 26, 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 January 26, 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 (absent); with Byron Randolph Foley, Mayor, presiding; together with Kevin S. Boggess, City Manager; Rosie Jordan, Director of Finance; Melinda J. Payne, Director of Planning and Economic Development, Mike Stevens, Director of Communications, and Charles E. Van Allman, Jr., City Engineer; and the following business was transacted: Mayor Foley called the meeting to order at 7:30 p.m. Mayor Foley recognized Officer Calvin Barrow, a new City of Salem Police Officer; and The January 12, 2015, work session, and regular meeting minutes were approved as written. The unapproved minutes of the January 12, 2015, Planning Commission minutes were accepted. The report by the Director of Finance of the City’s financial status for a five-month period ending November 30, 2014, was received and ordered filed. Mayor Foley requested that Council receive presentation from Freedom First regarding the 2014 Freedom First Community Investment Grant; and WHEREAS, Vice Mayor Givens, Chair of Council’s Audit-Finance Committee, reported that the Salem Farmers Market is a recipient of the 2014 Freedom First Community Investment Grant of $5,000. The Farmers Market will use this grant to continue the SNAP matching program at the market during the 2015 season. This Committee recommended acceptance of the Freedom First Community Investment Grant and ITEM 1 PRESENTATION FROM FREEDOM FIRST AND ACCEPTANCE AND APPROPRIATION OF 2014 FREEDOM FIRST COMMUNITY INVESTMENT GRANT 2 | Page appropriation of $5,000 in grant revenue to the Farmers Market SNAP Program; and WHEREAS, Dave Prosser, Vice-President of Community Development at Freedom First Credit Union, appeared before Council and stated that Freedom First gives two percent of its annual earnings each year in the form of community grants to support arts and culture and different aspects within the community. Laura Reilly representing the Farmers Market applied for the second year in a row. Freedom First does work with healthy foods initiatives. Mr. Prosser said “We take a holistic approach working with financial education, healthy foods, and access to healthcare to keep a household in balance. We are pleased to offer this $5,000 grant to the City of Salem to help with the EBT program. We love that it is going to support our neighbors and local growers in our community”; and THEREUPON, presentation was received. ON A MOTION MADE VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, the 2014 Freedom First Community Investment Grant is hereby accepted and appropriated to the SNAP matching program – the roll call vote: Lisa D. Garst – absent, 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 and consider an ordinance on first reading regarding the request of Nikola Sumenic, property owner, for rezoning the properties located at 805 & 811 Craig Avenue (Tax Map #’s 47 – 4 – 4 & 38 – 6 – 5.1) from RSF Residential Single Family District to RMF Residential Multi-Family District; notice of such hearing was published in the October 9, and 16, 2014, issues of the Salem Times Register, a newspaper having general circulation in the City of Salem; and WHEREAS, Mr. Boggess explained that the petitioner has, in writing, requested that this application be referred back with a revised plan to the Planning Commission. The petitioners would like to address the ITEM 1 ORDINANCE REZONING 805 & 811 CRAIG AVENUE FROM RSF TO RMF REFERRED BACK TO PLANNING COMMISSION 3 | Page concerns of the neighbors by revamping the plan. They will have to incur some additional costs to re- advertise and go through the public hearing process on different dates, but it is the tradition of City Council when they receive requests from the petitioner typically to refer the matter back to the Planning Commission if it has not yet been heard by City Council. WHEREAS, Mayor Foley asked if there would be a public hearing; and WHEREAS, Mr. Yost responded affirmatively, stating that he understood there is a significant change to the proposed plan so in effect this is similar to a new application requiring a full public hearing, and they have to pay for the advertisement; and for that reason there will be a public hearing; and WHEREAS, Mayor Foley clarified that he meant a public hearing at the meeting in which the rezoning request is heard; and WHEREAS, Mr. Yost replied that a public hearing would not be required at this meeting if the item is referred to the Planning Commission; and WHEREAS, Mayor Foley addressed the public stating that there is no need for a public hearing that possibly the issues that need to be addressed would be resolved at the Planning Commission meeting; and ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, the request of Nikola Sumenic, property owner, for rezoning the properties located at 805 & 811 Craig Avenue (Tax Map #’s 47–4–4 & 38–6–5.1) from RSF Residential Single Family District to RMF Residential Multi-Family District was hereby referred to the Planning Commission – the roll call vote: Lisa D. Garst – absent, William D. Jones – aye, Jane W. Johnson – aye, John C. Givens – aye, and Byron Randolph Foley – aye. WHEREAS, Mr. George Clemens, of 935 Craig Avenue, requested permission to speak. He said he lives one- 4 | Page tenth of a mile from the property in question. He stated that he has listened to the statements from City Council and added that the neighbors have spoken loud and clear. He said he did not know what the Code of Virginia states concerning this type of situation, but this item has been heard on three separate occasions. The neighbors came before the Planning Commission as required. They Planning Commission told us they were a recommending body. On the third time, the Planning Commission stated that they would not approve a request to rezone this property; He requested Council to hear the cries of the neighbors; Do what thus saith the Lord God and that is treat the people right; The neighbors did not want this to begin with, it is not wanted now, no amount of amendments, conditions, or changes are going to physically move the property from where it presently sits; he continued that he understood Council’s position in terms of legalities, in terms of satisfying the request of the developer; He stated that nothing can be done to change the status of this situation; The citizens came before the Planning Commission as required; stated the concerns, after three delays, not requested by the neighbors, the Planning Commission, in its authoritative position, denied the request. Now because of legalities, etc., the developer is playing a game; he wants to do everything he can at the twelfth hour to win this ball game; nothing is going to change the thinking, the feelings, or the sentiments of the neighbors; he thanked God for Council’s time and presence; WHEREAS, Mayor Foley thanked Mr. Clemens; and WHEREAS, Mr. William Shepherd of 840 Craig Avenue appeared before Council inquiring if the neighbors would receive a copy of the revised plan; and WHEREAS, Mayor Foley responded affirmatively; and WHEREAS, Mr. Shepard further inquired if the plan was available at that time and if so could he pick it up the next day; and WHEREAS, Ms. Payne replied affirmatively; and 5 | Page WHEREAS, Mayor Foley thanked Mr. Shepherd and stated that he understood the neighbors’ concerns however, this is not a public hearing and there will be two additional opportunities to be heard; and WHEREAS, Mr. Clemens asked if a new petition should be distributed; and WHEREAS, Mayor Foley answered no, that it was part of the record, but he is certainly welcome to provide a new petition if he so desired; and WHEREAS, Mr. Yost responded that it is part of the record and every member of Council has it; and WHEREAS, Mayor Foley thanked Mr. Clemens; and WHEREAS, Mr. Ed Oliver of 846 Craig Avenue appeared before Council stating that he has lived there since 1987 and has been a safety consultant for the last twenty-seven years; he further stated that the changes that may be in process are not going to be physical changes that can change the safety concerns we had addressed at the last meeting; it might be the storm water changes environmentally, but structurally and geographically there is no way that changes of that property can reduce the safety risk in that area for school buses, for children, and for the neighbors; he stated that he appreciated Council listening to him and they are just pleading for a good result; and WHEREAS, Mayor Foley thanked Mr. Oliver and stated that this item had been referred back to the Planning Commission and once the petitioner has submitted the paperwork everyone will be notified as they were before regarding the date and time of the meeting; and WHEREAS, members of the audience stated they were not notified; and WHEREAS, Mayor Foley stated that publically they were notified by the newspaper and that adjacent property owners will receive notification; and ITEM 3 ORDINANCE AMENDING CITY CODE SECTION 86- 16 PERTAINING TO SOLICITATION ON HIGHWAYS APPROVED ON FIRST READING 6 | Page Mayor Foley requested that Council consider an ordinance on first reading amending Part II, Chapter 86, of the CODE OF THE CITY OF SALEM, VIRGINIA, by enacting Section 86-16, pertaining to distribution of handbills, etc., solicitation of contributions, and sale of merchandise, services, etc., on highways. WHEREAS, Mr. Boggess stated that this is in an effort to keep the highways as safe as possible and prohibit people from entering traffic to solicit for any purpose and that would include City employees as well as the general public. He further stated that the amendment is as simple and direct as possible; and WHEREAS, Mr. Yost stated that state code allows the enactment of such an ordinance and this new section, 86-16, is basically word for word directly from the Virginia Code. He further explained that the penalty for violation shall be as provided in particular code section, and as such, will be a fine of up to a maximum of two hundred dollars, at the judge’s discretion; and WHEREAS, Councilman Jones inquired if the fine was per incidence; and WHEREAS, Mr. Yost answered affirmatively; and WHEREAS, Mayor Foley stated for the public’s information this is addressing situations where people run out into traffic with a boot or a box or whatever they may be distributing or requesting funds for; this code change would disallow those practices due to safety concerns; and WHEREAS, Councilman Jones inquired if the groups that have been soliciting in the past will be charged or informed of the new law and asked to vacate; and WHEREAS, Mr. Boggess stated that warnings will be given initially so that folks that have done it in the past are fully aware of the code change; and WHEREAS, Councilman Jones stated that he did not want the police officers put in a bad position; and 7 | Page WHEREAS, Mayor Foley explained that this applies to church groups, youth groups, public entities, anyone; and ON MOTION MADE BY COUNCILMAN JONES, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, an ordinance amending Part II, Chapter 86, of the CODE OF THE CITY OF SALEM, VIRGINIA, by enacting Section 86-16, pertaining to distribution of handbills, etc., solicitation of contributions, and sale of merchandise, services, etc., on highways was hereby passed on first reading – the roll call vote: Lisa D. Garst – absent, William D. Jones – aye, Jane W. Johnson – aye, John C. Givens – aye, and Byron Randolph Foley – aye. Mayor Foley requested that Council consider the request to amend the School Grants Fund Budget as approved by the School Board on January 13, 2015; and WHEREAS, Vice Mayor Givens, Chair of Council’s Audit-Finance Committee, reported that the School Grants Fund was amended by the School Board on January 13, 2015, totally $55,357.00. This amendment was due to the receipt of the updated amount for the Title I grant in December. This amount differed from the original adopted budget. This Committee recommended approval of the School Board’s appropriation of $55,357.00 to the School Grant Fund; and ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, the request to amend the School Grants Fund Budget as approved by the School Board on January 13, 2015, was hereby approved – the roll call vote: Lisa D. Garst – absent, William D. Jones – aye, Jane W. Johnson – aye, John C. Givens – aye, and Byron Randolph Foley – aye. Vice Mayor Givens requested that Council consider request to accept and appropriate the Virginia Commission for the Arts Local Government Challenge Grant; and ITEM 4 REQUEST APPROVED TO AMEND THE SCHOOL GRANTS FUND BUDGET AS APPROVED BY THE SCHOOL BOARD ON JANUARY 13, 2015 ITEM 5 VIRGINIA COMMISSION FOR THE ARTS LOCAL GOVERNMENT CHALLENGE GRANT ACCEPTED AND APPROPRIATED 8 | Page WHEREAS, Vice-Mayor Givens, Chair of Council’s Audit-Finance Committee reported that the City has been awarded a grant totaling $5,000 from the Virginia Commission for the Arts through the Local Government Challenge Grant for 2014-2015; grants funds will be given to the Salem Museum & Historical Society; this grant requires a local match of $5,000 so that the payment recipient is $10,000; the City will use the $5,000 from the original allocation for the Salem Museum as the match for this grant; the Museum proposed to use these funds to continue “Art on the Way”, a local arts festival that took the place of the Art in the Alley event; the Committee recommends acceptance and appropriation of the Virginia Commission for the Arts grant; and ON A MOTION MADE BY VICE-MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, acceptance and appropriation of the Virginia Commission for the Arts Local Government Challenge Grant in the amount of $5,000 was hereby approved – the roll call vote: Lisa D. Garst – absent, William D. Jones – aye; Jane W. Johnson – aye, John C. Givens – aye, and Byron Randolph Foley – aye. Mayor Foley requested that Council consider appointments to fill vacancies on various boards and commissions; ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY VICE-MAYOR GIVENS, AND DULY CARRIED, Vic Boddie was hereby appointed as an at large member, to replace Dana Barnes on the Blue Ridge Behavioral Healthcare Board, term to expire December 31, 2016; Bruce Thomasson was hereby reappointed to the Blue Ridge Behavioral Healthcare Board, term to expire December 31, 2017; Gary L. Eanes was recommended to the Circuit Court for appointment to the Board of Zoning Appeals for a term to expire March 20, 2020; William Q. Mongan was hereby reappointed to the Economic Development Authority, term to expire March 9, 2019; John P. Shaner was hereby reappointed to the League of Older Americans, term to expire March 1, ITEM 6 RECOMMENDED APPOINTMENT/RE APPOINTMENT OF: VIC BODDIE TO BLUE RIDGE BEHAVORIAL HEALTHCARE; BRUCE THOMASSON TO BLUE RIDGE BEHAVORIAL HEALTHCARE; GARY EANES TO BOARD OF ZONING APPEALS; WILLIAM Q. MONGAN TO ECONOMIC DEVELOPMENT AUTHORITY; JOHN P. SHANER TO LEAGUE OF OLDER AMERICANS; LEXI H . DIBBERN TO PERSONNEL BOARD; DANIEL LEIGH HART TO REAL ESTATE TAX RELIEF REVIEW BOARD 9 | Page 2018; Lexi H. Dibbern was hereby appointed to replace James W. Thweatt, Jr. on the Personnel Board, term to expire July 31, 2015; Daniel Leigh Hart was hereby appointed to replace Carlos B. Hart to the Real Estate Tax Relief Review Board, term to expire February 14, 2018 -- the roll call vote: Lisa D. Garst – absent, William D. Jones – aye, Jane W. Johnson – aye, John C. Givens – aye, and Byron Randolph Foley – absent. Mayor Foley requested that Council consider setting the date for the public hearing for issuance of Certificates of Public Convenience and; and ON MOTION MADE BY VICE-MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, the date for the public hearing for Certificates of Public Convenience and Necessity is hereby set for March 9, 2015 - the roll call vote: Lisa D. Garst – absent, William D. Jones – aye; Jane W. Johnson – aye, John C. Givens – aye, and Byron Randolph Foley – aye. Mayor Foley requested that Council consider adopting Resolution 1261 closing Main Street on September 12, 2015, for Olde Salem Days festivities; and WHEREAS, Barney Horrell, with the Rotary Club of Salem, appeared before Council clarifying that these are the exact same streets and times as last year; and WHEREAS, Mayor Foley inquired last year’s event start time, adding it began an hour earlier at nine in the morning; and WHEREAS, Mr. Horrell confirmed, stating it would be the same times this year; and ON A MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, Resolution 1261 closing Main Street on September 12, 2015, for Olde Salem Days festivities was hereby adopted – the roll call vote: Lisa D. Garst – absent, William D. Jones – aye; Jane W. Johnson – aye, John C. Givens – absent, ITEM 7 SET PUBLIC HEARING FOR CERTIFICATES OF PUBLIC CONVENIENCE – MARCH 9, 2015 ITEM S1 RESOLUTION 1261 ADOPTED CLOSING MAIN STREET ON SEPTEMBER 12, 2015, FOR OLDE SALEM DAYS FESTIVITIES 10 | Page and Byron Randolph Foley – aye. WHEREAS, Councilman Jones stated that he would like to recognize Mike Stevens for being elected to the Virginia Sports Hall of Fame; [standing ovation]; and There being no further business to come before the Council, the same on motion adjourned at 7:54 p.m.