HomeMy WebLinkAbout9/22/2014 - City Council - Minutes - RegularUNAPPROVED MINUTES
CITY COUNCIL WORK SESSION
September 22, 2014
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 September 22, 2014,
at 6:30 p.m., there being present the following members of said Council, to wit: Byron
Randolph Foley; John C. Givens; Jane W. Johnson, and William D. Jones (Lisa D. Garst – absent);
with Byron Randolph Foley, Mayor, presiding; together with Kevin S. Boggess, City Manager;
James E. Taliaferro, II, Assistant City Manager and Clerk of Council; Melinda J. Payne, Director of
Economic Development; Rosie Jordan, Director of Finance; Benjamin W. Tripp, Planner; and
Krystal Farmer, Deputy Clerk of Council; 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, the City Manager made Council aware of a digital LED sign that was going to
be placed on a property; and
WHEREAS, a discussion was held regarding various upcoming meetings; and
WHEREAS, a discussion was held regarding regular meeting agenda items; 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 7:17 p.m.
____________________________________
Mayor
_____________________________________
Clerk of Council
UNAPPROVED MINUTES
COUNCIL MEETING
September 22, 2014
A regular meeting of the Council of the City of Salem, Virginia, was held in
Council Chambers, City Hall, 114 North Broad Street, on September 22, 2014, at
7:30 p.m., there being present all the 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, Assistant City Manager and Clerk of
Council; Melinda J. Payne, Director of Planning and Economic Development;
Rosie Jordan, Director of Finance; Charles E. Van Allman, Jr., City Engineer; and
Stephen M. Yost, City Attorney; and the following business was transacted:
The August 25, 2014, regular meeting minutes were approved as written.
Mayor Foley requested that Council receive a presentation of the Patriot
Award to the Salem Police Department from Ambassador Emeritus Michael F.
Kavanaugh of the Employer Support of the Guard and Reserve; and
WHEREAS, Ambassador Emeritus Michael F. Kavanaugh of the Employer
Support of the Guard and Reserve appeared before the Council to present the
Patriot Award to the Salem Police Department; he stated that he was there to
honor and recognize the Salem Police Department for its support of our “citizen
warriors”—members of the National Guard Units and all of the Federal Reserve
Units; he then presented the award to Salem Police Chief Jeff Dudley and Officer
Shaun VanDyke;
THEREUPON, presentation was received.
Mayor Foley expressed his gratitude to the Salem Police Department,
Chief Dudley, and Mr. Kavanaugh.
Mayor Foley requested that Council receive a presentation from Peter
Lampman, President, Virginia Amateur Sports, Inc., thanking the City of Salem for
its support of the 2014 Subway Commonwealth Games of Virginia; and
WHEREAS, Peter Lampman, President, Virginia Amateur Sports, Inc.,
appeared before the Council to thank the City of Salem for its support of the
2014 Subway Commonwealth Games of Virginia; he stated that 2014 was the
25th Anniversary of the Commonwealth Games; six new sports were offered,
ITEM 1
PRESENTATION OF
PATRIOT AWARD
TO THE SALEM
POLICE
DEPARTMENT
FROM
AMBASSADOR
EMERITUS MICHAEL
F. KAVANAUGH OF
THE EMPLOYER
SUPPORT OF THE
GUARD AND
RESERVE
ITEM 2
PRESENTATION
FROM PETER
LAMPMAN,
VIRGINIA AMATEUR
SPORTS,
REGARDING THE
2014 SUBWAY
COMMONWEALTH
GAMES OF VIRGINIA
2
there was a five percent (5%) increase in athletes with over 9,600 athletes
participating this year; over the past two years, there has been an increase of
thirteen percent (13%) in the number of athletes competing; since the inception
of the games in 1990, over 220,000 athletes have come to the area to compete
in the games; he thanked Council for its continued support; he noted that 26
percent of the athletes come from central Virginia, 15 percent from northern
Virginia, 11 percent from west of the Roanoke Valley, 10 percent from east of
the Roanoke Valley, and 34 percent from the Roanoke Valley; 72 percent of the
athletes are under the age of 18, which means that family members come to
watch them compete in the games; he further noted that the economic impac t
on the Roanoke Valley was over $2 million; he thanked John Shaner and the City
of Salem’s Parks and Recreation Department for their support and having the
ability to be flexible; he stated that the City of Salem always does an outstanding
job for the games; he then presented Council with a plaque for its support of the
2014 Subway Commonwealth Games of Virginia;
THEREUPON, presentation was received.
Mayor Foley reported that this date and time had been set to hold a
public hearing and receive views of citizens and candidates regarding the
appointment to fill the expiring term for David Preston on the Salem School
Board; notice of such hearing was published in the September 11, 2014, issue of
The Roanoke Times, a newspaper having general circulation in the City of Salem ;
and
WHEREAS, David Preston, 1511 Ashley Drive, appeared before the
Council to request to be reappointed to the Salem School Board; he stated that
he has served on the Board for the past seven years and is proud to be a part of
a Board that focuses on our children and getting the best education possible for
our children; he noted the accomplishments of the School Division; he thanked
Council for its support of the Salem School Board and asked to be reappointed;
and
WHEREAS, no other person(s) appeared related to the appointment; and
WHEREAS, it was noted that a resume was also submitted by David Wells
requesting to be appointed to the Salem School Board if Mr. Preston was not
going to seek reappointment;
THEREUPON, public hearing was held.
ITEM 3
PUBLIC HEARING
HELD REGARDING
APPOINTMENT TO
FILL EXPIRING TERM
FOR SCHOOL
BOARD MEMBER
DAVID PRESTON
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Mayor Foley requested that Council hold a public hearing to consider the
request of Summit Realty Holdings LLC, property owner, for the issuance of a
Special Exception Permit to allow aviation facilities on nine parcels located on
McClelland Street and West Fourth Street (Tax Map #’s 162 -3-3, 4, 6, & 7.1; 162-
4-1, 2, & 2.1; and 163-1-2, & 3); notice of such hearing was placed in the
September 4 and 11, 2014, issues of the Salem Times-Register, a newspaper
published and having general circulation in the City of Salem ; the Planning
Commission recommended approval of said request; and
WHEREAS, staff noted the following: the subject property consists of
nine parcels totaling 63 plus acres; up until March 2013 the property was the
home of Timber Truss Housing Systems, a company that manufactured building
components; Summit Helicopters located in Botetourt County, has purchased
the property and is planning to move to this location due to the fact it has
outgrown the Cloverdale site; Summit Helicopters opened 1980 as a full-service
commercial helicopter operator; since then, Summit has gained a great deal of
experience in providing premium solutions in all facets of the helicopter
business; Summit currently maintains an FAA Part 145 Repair Station Certificate,
FAA Part 135 Air Carrier Certificate, FAA Part 133 External Load Certificate as
well as a Bell Helicopter Textron Customer Service Facility certificate; Summit’s
services include aircraft completions, refurbishment projects, maintenance,
component overhauls and inspections, to aerial application, power line patrol,
construction projects, fire suppression and external load long line flights; t he
request is for a Special Exception Permit to allow aviation facilities at this
location; and note: a FAA registered air strip has existed at this location for many
years; and
WHEREAS, the City Manager noted that the request is for a Special
Exception Permit to allow an aviation facility in an industrial area, commonly
referred to as the old Timber Truss site; the business currently exists in Botetourt
County and is located on a hillside just above Cloverdale Elementary School in
Botetourt County and the owners would like to relocate their facility; Botetourt
County worked with the owners for approximately nine months in an effort to
relocate the business somewhere in Botetourt County, but the owners found a
site in Salem that fits their needs—it has public water/sewer and other amenities
that were not available in Botetourt County; Council has been made aware of
letters and emails that have been submitted both for and against the request; he
stated that the petitioner is present and available to answer any questions raised
from the Planning Commission minutes, as well as from the letters and emails
submitted; he noted that Council has a copy of three letters that came in
today—one from Patricia Hipkins, Senior Research Associate at Virginia Tech
with the Virginia Cooperative Extension Agent, in favor of Summit Helicopters
ITEM 4
SPECIAL EXCEPTION
PERMIT APPROVED
WITH CONDITION
TO ALLOW
AVIATION FACILITIES
ON SEVEN PARCELS
LOCATED ON
MCCLELLAND
STREET AND WEST
FOURTH STREET
(T/M 162-3-3, 4, 6, &
7.1; 162-4-1, 2, & 2.1;
AND 163-1-2 & 3)
4
and outlined their relationship with Summit Helicopters as a training partner for
Best Management Practices regarding herbicides and other chemicals used in
parts of their operations at Summit Helicopters; a letter was also received from
the School Superintendent in Botetourt County outlining the cooperation
between Summit Helicopters and the School Division and the things they have
partnered with in terms of student experiences (science, technology,
mathematics, and engineering); a letter was also received from the Economic
Development manager and Assistant County Administrator relating their
experiences with Summit Helicopter as a very positive experience, and a
company that is a very good corporate citizen; the City Manager’s office also
received several emails today forwarded primarily from Liz Belcher with the
Greenway Commission and concerns that advocates of the Greenway
Commission had expressed regarding the Summit Helicopters operations would
negatively impact people’s peaceful enjoyment of the Roanoke River Greenway,
which comes through Salem; he noted that these were received mostly today
and were not a part of Council’s packet that went out last week; he stated that
Summit Helicopters representatives are present to request a Special Exception
Permit for a couple of reasons—the main reason is because the City asked them
to submit a request; he noted that there is an existing FAA facility licensed at the
location, which could be argued that’s a use the company could have gone right
into without getting a Special Exception Permit; rather than to go through that
process, the City asked the petition to go through the public process of
requesting a Special Exception Permit so that there could be public involvement,
public consideration, as well as consideration from City Council as the City
considered bringing in a business which is not the typical business because it
would have helicopters that will fly off and land at the facility; the petitioner
cooperated and agreed to go through the Special Exception Permit process, even
though an argument could be made that it is not required; the business will bring
approximately 65 jobs into the City of Salem; these jobs on average pay
considerably higher than the average job in the City of Salem; he stated that he
knows that there are citizens who have questions, and asked that the peti tioner
be given an opportunity to address some of the questions raised at the Planning
Commission, which may answer some of the other questions citizens may have;
and
WHEREAS, Councilwoman Garst asked the City Manager to explain what
he means by an existing FAA facility; and
WHEREAS, the City Manager stated that there is a licensed FAA facility,
he noted that the petitioner may be able to explain it in more detail; but there is
an existing licensed FAA facility on the property; he stated that he is not sure
exactly what that would mean, and it was also unclear to the City which is why
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the City asked the petitioner to go through the process; the City Manager stated
that it is his understanding that it was an old air strip from many years ago, but
has continued to remain a registered FAA facility because Mr. James, who owned
Timber Truss, was flying in there many years ago and it also holds a transponder
for the flight path for the Roanoke Airport and several other things; and
WHEREAS, Councilwoman Garst noted that it was determined that it does
hold the airplane designation on maps; that maps show that as an existing
airplane landing strip; and
WHEREAS, John Milko, property owner, appeared before the Council
explaining the Special Exception Permit request; he thanked Council for the
opportunity to come before them; he stated that he has had a good relationship
with the City and he appreciates all the assistance he has received thus far; he
gave a background on Summit Helicopters—have been in business and at the
current location in Botetourt County since 1980; a new facility was sought
because the current location is on top of a mountain and is land -locked; the
business has slowly grown over the years and has outgrown the existing facility;
the buildings cannot be expanded any larger, better infrastructure is needed
(sewer, high speed internet, etc.); the Timber Truss property came open and it is
a good fit for the company; it is about three times the size of the current
location, which allows room for expansion for another 30-plus years; he noted
that the facility is grandfathered by the FAA and is declared an airport in all of
the FAA guidelines, which is what is meant by a FAA facility; it has an identifier—
you can pull it up on a GPS and it will point you straight to that airport even
though it is a grass strip that has had very little use, it still has been
grandfathered as a FAA airport; he noted that some of the questions from the
Planning Commission meeting dealt with noise; he wanted to be clear that
Summit Helicopters is not a high flight usage operation in the Roanoke Valley, it
is not a flight training school, not an EMS operation like the hospital, the normal
business hours are 8 a.m. to 5 p.m. and 95 percent of the flights occur within
that time frame; they are daylight VFR (Visual Flight Rules) and do not fly in
storms, bad weather—if you can’t see the mountains, no flights will be leaving;
most of the operations occur predominately in 14 states in the United States,
and also in the west coast in a lot of different areas including air firefighting
support—dropping water or flying firefighters in to fight fires, which is done
locally, for the state, and for the federal government as well as out west; a lot of
work is also done for the timber industry by applying aero application of
herbicides and fertilizer to help grow pine trees for paper and wood, etc.; he
stated that the company also works with electric utilities—maintaining the
power line rights-of-way to help keep the power on throughout the United
States, and will fly power company employees along the lines to inspect the lines
6
to make sure there are no trees posing damage to lines to prevent power
outages; he stated that the company is a Bell FAA-approved repair facility, which
means we have the oversight of the FAA on all of the maintenance that is done
in the facility; audits are done by the FAA on a regular basis to make sure the
work is done appropriately; that the training has been done that is required; that
all of the safety precautions are being followed, which allows the company to be
able to work on a whole aircraft, pieces from an aircraft (repair, overhaul, etc.);
the company has been a repair station since 1986; the company is also a Bell
Customer Service facility; Bell Helicopters is one of the predominate aircraft
manufacturers in the United States and are based in Fort Worth, Texas; because
the company is a Bell Customer Service facility, it has access to parts from Bell
Helicopters; similar to a car dealership only most helicopter operators don’t
bring their whole helicopter in to be worked on ; they’ll send bits or pieces
(transmissions, rotor heads, etc.) in to be repaired and then the pieces are
shipped back to the operator; he stated that the company does have customers
who will fly their aircraft into the facility for maintenance, but over the past year,
there only has been five (5) customers that have flown into the facility for
maintenance; he further noted there has been about the same number of
aircraft brought in on trailers that needed to be repaired; he stated that most of
the company’s work does not occur in the Roanoke Valley; the company has 15
helicopters that it owns and operates and averages approximately 3,700 flight
hours a year which averages to approximately 231 hours per helicopter per year;
if you break it down even further, the aircraft are not in the air 10 whole days a
year; of the 10 days a year, probably 20-25 percent are in the greater Roanoke
area; the aircraft are not flying around pestering the neighbors or that sort of
thing; he noted that the current facility is located in a heavy residential area in
Botetourt County and he has had residents who live close to the facility come up
to him and say that they did not even know that there was a helicopter company
in Cloverdale; he stated that the company tries to be a good neighbor and is all
about a partnership with the community; aircraft are not flown in the middle of
the night or anything like that and does not want to upset anyone; he stated that
the business is growing, but it is growing more on the repair and maintenance
side and the parts come in on trucks, or FedEx freight and not on aircraft flying
into the facility; he stated that the business is currently located near railroad
tracks in Cloverdale and when aircraft departs the facility, it flies along the
railroad tracks toward the Roanoke Airport, which will be the same intention
from the facility in Salem—to follow the railroad tracks—the aircraft will not fly
over houses, or schools; he stated that it takes approximately one minute to one
and one-half minutes to get to 1,000 or 1,500 feet above ground level and at
that point the noise level would be significantly lower; any of the customers that
may fly into the new facility would be made aware of the flight procedure; and
7
WHEREAS, Mayor Foley questioned if aircraft flying into the facility would
come in from the same direction; and
WHEREAS, Mr. Milko stated that it would be the same unless the wind
was blowing hard from the east and then the aircraft would have to go the other
direction; he stated that the company would do everything it could to keep the
aircraft along the railroad tracks; not going to fly over homes, etc. for safety
reasons and out of respect of the citizens; the FAA does control the company’s
maintenance operation, as well as its flight operation; the FAA has to come and
inspect the facility before the business can begin to operate; he not ed that the
company works hard to be a good neighbor and has had very few, if any,
complaints at its current facility in Cloverdale; the company does apply
herbicides—selective herbicides that only kill certain plants, etc.—which are not
carried in the helicopters when the aircraft departs the facility; the herbicides
are shipped to the work site (i.e. Arkansas, Texas, Georgia) and are applied in the
particular area where the company is working; it is not something that is or will
be transported in the aircraft; and
WHEREAS, Vice Mayor Givens questioned if any herbicides will be stored
at the facility; and
WHEREAS, Mr. Milko stated that herbicides may be stored at the facility if
the herbicide is shipped to the company to be batched with another order that is
going back out; only a small quantity may be stored at the facility at a time as the
company is not a huge warehouse of products like that; the herbicides that may
be stored are all water-based and are the same products that can be bought at
Lowe’s; most of the flights are in support of the power companies; the company
is not giving helicopter tours, it operates in support of the citizens of the greater
area (i.e. the power companies, the Forest Service, or any other utility company,
etc.); he stated that the company works to try to better society in one way or
another and tries and does not want to be a detriment to anyone; he stated that
some weeks there could be as many as 10 flights in a week, or there could be
some weeks where there are no flights; the average is less than 5 a week on an
annual basis coming in and out of the facility, which is far from a nuisance; the
airport has 60 flights in and out every day; he stated that he was available to
answer any questions; and
WHEREAS, Councilwoman Johnson asked that the scheduled working
hours be clarified; and
WHEREAS, Mr. Milko stated that the normal working hours are 8 a.m. to
5 p.m. Monday through Friday; he stated that if there is an emergency patrol for
8
AEP or if there is a fire, an aircraft may fly out on a Saturday or a Sunday; and
WHEREAS, Vice Mayor Givens questioned what percentage of the
business is repair and maintenance versus aircraft flying out and putting out
fires, etc.; and
WHEREAS, Mr. Milko stated that 30-40 percent of the business is on the
maintenance side, and the actual operation of the helicopters is probably 50
percent and then there are miscellaneous things that make up the difference; he
stated that of the 15 helicopters operated by the facility, 8 of them will be placed
on a trailer in Cloverdale and pulled behind a pickup truck to wherever they are
going to work and the helicopters will be flown off the trailer and go to work at
the location; and
WHEREAS, it was noted that the company is looking to expand the
maintenance side of the business; most of the helicopters are trucked in due to
being unable to fly and needing to be repaired, etc.; and
WHEREAS, Councilman Jones thanked the petitioner for considering
Salem to relocate the business, especially at a location that has been vacant for
two or close to three years now; he also appreciates the petitioner addressing
any safety problems or concerns head on; and
WHEREAS, Councilwoman Garst questioned if there are any competitors/
businesses in the area that do the same type of work; and
WHEREAS, Mr. Milko stated that there are not; the company is the only
Bell Helicopter customer service facility in Virginia; there also aren’t any in West
Virginia, North Carolina, or South Carolina; he stated that there are competitors
that do maintenance, as well as other helicopter operators, but none in the
western half of the state; being Bell certified is a premium and attracts
customers because of the level of services associated with being Bell certified;
and
WHEREAS, Councilwoman Johnson questioned if the parts department
side of the business is expanded, will additional jobs be created as well; and
WHEREAS, Mr. Milko stated that it may, but the company is pretty small
and is conservative; the company is not trying to “rule the world” but the facility
has the size to where it can add some growth and possibly add some more jobs,
especially in the parts area; and
9
WHEREAS, it was noted that some employees of Summit Helicopters
were present at the meeting; and
WHEREAS, Vice Mayor Givens questioned if the petitioner would be
willing to place a condition that there would be no more than 20 flights per
week, and if the company continues to expand, then Council could take another
look and possibly adjust the number; and
WHEREAS, Mr. Milko stated that it could be a possibility, but his only
concern is that if there was some sort of event such as the derecho; the
company was flying non-stop for two weeks with every helicopter it had in an
effort to try to get the power back on after that event; no one called to complain
during that event; and
WHEREAS, Frank Munley, 425 Roanoke Boulevard, appeared before the
Council; he stated that Mr. Milko’s comments clarified a few things; he has seven
points to make and hopes they will be answered and considered seriously; he
stated that Summit Helicopters stated at the Planning Commission meeting that
approaches and departures will be along the railroad tracks and it’s fine for the
City and Summit to have an informal agreement on this, but it raises the
question of who can enforce approach and departure routes on a third party
flying in and back out; who can enforce it for Summit Helicopters; he believes
they are flying in uncontrolled airspace and he suspects there is wide latitude on
the part of the pilot, which isn’t consoling if that’s the case; at the September 10,
2014, meeting, property owner Mr. John Milko said in response to a question by
Ms. Daulton, “in their current facility, there are days when no helicopters go in
or go out; during the week there may be flights in and out; further there may be
times when there will be five in a day, but that is not a common occurrence ;” all
of the statistics dealing with the Cloverdale operation seem to be a bit irrelevant
since the purpose, as stated in a letter from Mr. Milko to Melinda Payne, was to
“find a larger location for our business for the outgrowing of the current
property;” he stated that from what he has heard, a good part of the expansion
will be repair, but he wonders how much; how much will flight frequencies
increase following the intended expansion—will the expansion of traffic multiply
by two times, by three times—he believes he heard something about three times
the storage capability but he does not know how that would translate into
frequency of flights by Summit or by third parties; five flights occasionally in a
day could be quite a few flights; noise is a major concern of course; it is
recognized to have a particularly negative affect on health; it bothers him;
Salem, together with other cities in the valley as has been mentioned, has
invested a lot in the Roanoke River Greenway where people, as mentioned, go
for peace and quiet and recreation; he is particularly concerned about the
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altitude profile that will be followed on the approach to the site; again, he
suspects there is wide latitude on the part of the pilot; the Planning Commission
minutes are very ambiguous on hours of operation; Mr. Milko said that normal
hours of operation are 8 a.m. to 5 p.m. with rare exceptions and said then that
99 percent are between dawn and dusk; during what hours will flights approach
and depart from the facility, which has been discussed at this meeting, with the
exception of emergency flights; he suggested that Vice Mayor Givens’ suggested
condition be placed with the exception of emergency flights; he understands
that Summit Helicopters has or will have a helicopter pad permit issued by the
FAA for the site; he would like to know exactly what it says; he stated that
minutes for Planning Commission and Council meetings have not been posted on
the City website; minutes that were kindly sent to him by staff are unapproved;
after requesting a copy of the September 10, 2014, Planning Commission
meeting on Tuesday, a copy was received on Thursday; and he only received a
copy of the July 28, 2014, Council meeting a few hours ago; he stated that given
all of the concerns given and the failure of the city to post minutes on the
website, he respectfully requests that Council postpone a decision on the issue;
he thanked Council for its consideration; and
WHEREAS, Mary Ann Finn, 614 Pyrtle Drive, appeared before the Council
and stated that she is concerned about allowing Summit Helicopters to locate in
Salem; she stated that she just heard about the request on Saturday and she
truthfully doubts that 95 percent of Salem residents have any idea that this is
being considered and what it is going to mean to the serenity of the City; she
knows there was a letter to the editor in today’s paper, but working people go
home, feed their kids, help with homework, etc. and they won’t read about it
until later; she stated that she was also told that nothing had appeared in the
Salem Times-Register in the last week; she stated that she is concerned because
this is too big of a decision to be made without more tax payer input; she stated
that after she heard about the request, she went around and spoke to
approximately 30 people around her neighborhood and the adjoining
subdivisions and almost no one had any idea that this was even a possibility; she
stated that just about everyone she spoke with stated that they valued the
peacefulness of the neighborhoods in Salem; she states that no one wants more
noise; she knows that Council is trying to do what is best for the tax base, but its
first loyalty must be to the people who voted for you, who trusted you to make
the best decisions for them, the people who have made their homes in Salem;
Council’s first loyalty has to be to the health and well -being of the men, women,
and children who live here; everyone is surrounded by a certain percentage of
noise, but to add purposely to it is not for the good; she stated that the flight
path will be along the railroad tracks, which run along the river and the path of
the greenway; helicopter noise is not conducive to the things people do for
11
relaxation along the river and the greenway; she quoted statics from a study
done relating to helicopter noise—that the public reacts more negatively to
helicopter noise and building rattles, etc. created by helicopters; she requested
that Council not make a decision at this meeting because of the limited amount
of knowledge being available to the citizens; she requested that another notice
be placed in the Salem Times Register before the matter is considered; she also
requested that Summit Helicopters use the property for repairs, parts, etc. but
not as a mini-airport; she asked Council not to do anything that would be
detrimental to the residents of Salem; and
WHEREAS, Donna Tunnel, 420 South Market Street, appeared before the
Council and asked how the aviation fuel will be stored to ensure that it does not
leak into the Roanoke River by accident; and
WHEREAS, Dave Robbins, 620 High Street, appeared before the Council
and stated that he does not necessarily oppose the business, but feels that there
needs to be some sort of oversight over the business; he stated that there is
oversight on taxes in the City and feels that some conditions are needed; while it
seems like a low use—5 to 10 times a week is not terrible and business will be
brought to the City; he stated that he feels as though the issue is not what the
petitioner plans to do with the property that needs oversight, but what could be
done on the property in the future if the request is approved without any
oversight; he feels a reasonable number of flights per week should be placed as a
condition and the flights are limited to that number; then if the business grows
and the number needs to be adjusted, then it comes back before Council for
consideration; he stated that emergency flights should not be included in the
number of flights per week; he requested that Council place some sort of
oversight or conditions on the request; and
WHEREAS, Michael Bently, 312 North Broad Street, appeared before the
Council and stated that he reads the Salem Times-Register weekly and The
Roanoke Times daily and he only found out about the request from an email sent
to him by a friend a couple days ago; he concurs with the previous speakers in
that this is a serious matter that deserves a lot of public consideration; he
personally finds the noise of helicopters very much more annoying than airplane
noise; he stated that the stretch of the Roanoke River next to the old Timber
Truss property is where his sons love to kayak because there is a particular ripple
there that they find challenging; he also uses the greenway regularly to ride his
bicycle; he stated that the recreational value of the river and the greenway need
very serious consideration; he also is concerned about the storage of aviation
fuel so close to the river, as well as the pesticides and herbicides that will be
stored on the property; he stated that there are many different species that live
12
in and around the river that need to be given consideration as well; he feels the
decision should be postponed so that more public input can be given; and
WHEREAS, Jack Susser, 115 Union Street, appeared before Council and
stated that he has some concerns, most of which were pretty well outlined by
Mr. Frank Munley and the previous speakers; he is also concerned with the
location of the property; he questioned if the property owners are aware of the
flooding that occurs on the property; flooding has nothing to do with how the
owners take care of their pesticide; he questioned if the owners could be certain
that the way things are stored will not be affected by flooding, which is a
common occurrence along the river; the river is also a water supply; he stated
that he has previously lived near a small airport; he loved the airport as it had
been there from the time he was a child and many people opposed it, but he felt
the airport was necessary and it was good that it was there; jets started to be
flown out of the airport because of lack of oversight; no conditions had been
agreed to or placed on the airport; he noted that the City Manager was not
aware of some of the FCC requirements, etc. that the owners of the project had
to explain; he feels that everyone should be aware of all of the potential risks
that the business can cause to a community; he stated that Salem is known as a
bird sanctuary and he appreciates Salem being a bird sanctuary; he stated that
there is no where you can hear the sounds of birds as frequently and as
beautifully as you can along the river; no one denies that bringing good jobs,
bringing an opportunity for improved wealth to the community to help keep the
services that are expected and enjoyed is a necessary step, but what is it that can
be done to keep the economic base healthy without disturbing the lives of the
citizens who live in Salem; what other things can be encouraged; he stated that
helicopter noise is a disturbance; he finds it interesting that the zoning for the
parcel, which hadn’t been used as an aviation facility for so many years, is
suddenly zoned to be an aviation facility before the request was made; his
concerns are about our livelihood, our reason for being here, its impact as a
community and what it will do to the river; who will be the first to stand up and
say, “I considered that and for that reason I didn’t vote for it”; and
WHEREAS, Jason Lindamen, 1750 Pomeroy Road, appeared before the
Council and offered a different perspective; he stated that he is the Vice
President of RVRC, which is Roanoke Valley Radio Control Club, and the club flies
model aircraft; he stated that the club has been under an agreement with Al
James on the old Timber Truss property for quite some time; when Summit
Helicopters came in, they had conversations with the club; they have been
incredibly cordial with the club in letting us stay on the property at this time as
the details are worked through so that the two organizations can co-exist on the
property; he stated that it has been incredible for Summit Helicopters to allow
13
the club to continue to stay on the property and to try to partner with the club
to make things work for both organizations; he feels that it’s a great statement
to what Summit Helicopters wants to bring to the community here; he noted
that there are quite a few club members present at the meeting to show their
support for Summit Helicopters; he noted that club members have spent a great
deal of time on the property; the property is right in the flight path for the
Roanoke Airport; airplanes are seen every time the club is out flying overhead;
the traffic is louder and definitely more frequent than anything he believes
Summit will be bringing to the area; he asked that be considered as well —
Summit is not introducing noise to an area that is already quiet; there is already
quite a bit of air traffic in that immediate area; he proposes that the value
brought by Summit Helicopters and the business it will bring to the area far
outweighs the minimal disruption we expect; and
WHEREAS, the City Manager asked Mr. Lindamen to ask the members of
the RVRC to raise their hands to indicate the number of members present at the
meeting, which he did; and
WHEREAS, Jim Bowen, 326 James Street, appeared before the Council
and stated that he lives probably less than a mile from the property; he is also a
member of the RVRC Club; he stated that the club has enjoyed the use of the
facility through the good graces of Mr. Al James for over 30 years; he stated that
the club exists mainly for the recreational enjoyment of flying the planes, but it
also does some good community service in the area; it sponsors a Wings over
Salem event that is open to the general public, and the proceeds typically go to a
military support organization such as the Military Family Support Center or the
Wounded Warrior Program; the club also encourages youth membership and
some of the youth members have gone on to careers in aviation; the club has
been most pleased that Summit Helicopters has been a good corporate citizen;
they have allowed the club to stay and continue to use the property; he stated
that club members are on the property nearly every day if it’s not raining
continuously, there is generally someone out there flying; the club has seen what
Summit Helicopters has done to the property—the property has been cleaned
up and the company has done a good job in getting the property ready; he noted
that the building is a long way from the river and a long way from other private
residences; he stated that from his research, the closest residence is 800-900
feet away and across the river and between two buffer layers of trees on both
sides of the river; the greenway is across the river and is probably about 700 feet
away from the area that will be used for aircraft landing and takeoff; he stated
that the area the club uses is close to the river, but the building is on the
opposite side of the property and the building rises up on land that is above the
floodplain; he stated that if you were to look at a map there would be many gas
14
stations, etc. that are located much closer to the river than Summit Helicopters
will be; as well as the aircraft coming in and out of the Roanoke Airport, he has
seen the Lifeguard helicopters flying over, often at relatively low altitudes
(maybe 500 feet or so); those helicopters fly by without any second thought; he
feels that due to the proposed facility, which is approximately 59 acres, and is a
good buffer to protect the important things that are valued in Salem; he
encouraged Council to approve the request; and
WHEREAS, Gary Jordan, 3920 Richland Avenue, Roanoke, appeared
before the Council and spoke as a member of the RVRC; he stated that he
typically flies his aircraft on Sunday mornings and throughout the day on Sunday;
he stated that on any given Sunday, you will see in the neighborhood of 15 -30 or
more aircraft approaching the Roanoke Airport; during overcast and highly
cloudy days, some of the approaches can get down to 1,000 feet; these are
turbine jets, FedEx planes that are flying over that make a lot of noise; he doesn’t
see how one flight a day with a helicopter during a weekday is going to
contribute to a noise problem around this area; and
WHEREAS, Jeffrey Stubbs, 3431 Safewood Circle, Roanoke County,
appeared before the Council to help ease concerns with flooding; he noted that
during the flood of 1985 where RVRC currently flies its aircraft, the water barely
made it to the paved runway facility it has on the property; it is still another 800
feet before any facility is reached that Al James had on the property at the time;
he stated that if his memory serves him correctly, Mr. James stored fuel and
those type of things in the facility during the flood of 1985; he does not feel that
there is any way flood water would reach any chemicals that may be stored on
the facility unless the chemicals were literally sat over on the side where the
RVRC operates; he also feels that there are several other businesses in the area
that carry the same type of things; he feels that the owners of Summit
Helicopters are outstanding people and asked that Council approve their
request; and
WHEREAS, David Whitmeyer, Montvale, Virginia, appeared before the
Council and stated that he is also a member of the RVRC; he stated that he used
to be in the U. S. Coast Guard in the Aviation Core; as an aviation facility that is
FAA regulated, a company like Summit Helicopters will have to abide by the FAA
regulations for fuel/oil storage; based upon the quantity stored, the tanks will
have to be set in concrete barriers so that in case of a leak, it would be
contained; the tanks would also have to be elevated; he stated that there are
regulations from the FAA on how to store fuel for JP4 and JP5; also he wanted to
state that Summit’s helicopters are not like the Lifeguard 10 helicopters that fly
off of Roanoke Memorial Hospital; their helicopters are smaller; he stated that
15
the landing strip on the property is a grass strip and is not conducive to more
than a Cub fix-wing flying, which Mr. James had that’s in the hanger on -site or a
small helicopter like what Summit flies; he stated that he has walked the
greenway in Salem, as well as the greenway in Roanoke, and approximately 80
percent of the people who use the greenway use it after they get off work and
on the weekends, which is clearly outside of Summit’s normal hours of business;
he thanked Council for its time and consideration; and
WHEREAS, Amar Kumar, 665 Diamond Road, appeared before the Council
and stated that he moved to Salem about six years ago; he stated that he has
lived in many parts of the world and this is the most beautiful area he has ever
lived; he stated that he uses the greenway every day and feels that creating the
greenway was a marvelous idea; he stated that others have spoken about why
there shouldn’t be a rush to do things; when there is ambivalence, let us give
some time and thought instead of doing it in a hurry and regretting it later; and
WHEREAS, Cynthia Munley, 425 Boulevard, appeared before the Council
and thanked Council for receiving a lot of the questions she has sent in; she
stated that some of her questions have been answered, but she probably still ha s
a few more that she hopes Council will take the time to look into; she stated that
she feels that a helicopter airport is a big deal and most of the Salem citizens do
not know about the request; she feels there needs to be time to let everyone
know about the request and have input on the matter to decide if this is the best
“fit” for Salem; she stated that people move to Salem for peace and quiet;
residents pay a little more for homes in Salem and she feels that peace and quiet
is bought in the price of the homes; people are busy and don’t always know what
the City is doing; she tries to keep track of what is going on in the city, but for
some reason this summer she did not receive any of the City Council meeting
agendas or the minutes; she stated that she looked for the minutes on the city’s
website and they have not been on the website since March 10, 2014; she stated
that is a bit of a communication gap if people are trying to find out what is
happening; she is somewhat relieved to hear Mr. Milko say that the helicopters
would be rising to between 1,000 and 1,500 feet before they travel horizontally
because that would help a lot with noise abatement; she questioned if that
would always be the case; she stated that the City Manager is correct when he
stated that this is not a normal business for Salem, therefore, she feels that
Council needs to take time to reason it out; she stated that Mr. Milko purchased
the property and the deed was filed on June 27, 2014; he paid $1.8 million for
the property and this was a full month before the Special Exception was created
in the zoning code; she is also curious about that timeline; she hopes that
Council hears what citizens have to say before making any decisions; she
welcomes the parts portion of the business because she feels it would be a great
16
thing for Salem, but is not sure that the airport is a good idea; she feels the
request should be delayed because the minutes for the July 28, 2014, meeting
where the zoning code was changed are still not posted; the Council minutes and
agenda notices were not distributed to those on the list, at least she did not
receive them and she is on the list to receive them; Salem residents need to
know about the proposed airport and debate it because this is a permanent
decision; communication has been lacking; the bare minimum of legal notices is
not getting the word out; there was no article on the front page of the Salem
Times-Register or The Roanoke Times and she missed the WDBJ report; she
stated that people need to be reached in a number of ways; the July 28, 2014,
minutes she received late this afternoon were the unapproved minutes; (it was
noted that the minutes were approved at the next Council meeting after the July
28th meeting); helicopter noise is considered to be among the most annoying;
she understands that Summit does heavy lifting, and someone stated that their
helicopters are lighter, but does the lighter helicopters do the heavy lifting; she is
concerned that a helicopter airport, if it does generate noise, it could affect our
property values and the amount of tax money that Salem can accumulate from
its citizens and would perhaps make Salem less desirable; she knows some
people move here to get away from aviation noise; she stated that she and her
husband met with the Assistant City Manager and the Planning Department on
Friday and they expressed to them that they felt like people in Salem did not
know that this airport was going in; the reason we were told that it was a good
fit for Salem was because they asked people in Cloverdale whether they were
comfortable with the company and they had no problems; she stated that it
would be nice if there was more communication with community leaders in
Salem when big things like this are coming in so that “Salemites” who are paying
property taxes and elect Council as its representatives have some
communication about these things and a little bit of a “heads up,” which she
does not feel the citizens received this time; she stated that she travels through
Salem and she is reminded of good and bad decisions all the time; when she
passes by Oakey Field and she sees children playing on the half that was
preserved in 1996; there is still use of that half because on the second reading
Council decided that they would overturn the sale of that property to Duncan
Motors; the other half is a parking lot for tractor trailers and was pretty much
given away in 1986; she stated that Council’s decisions are very important to the
quality of life and she urged Council to think about the request and come up
with the best decision; she asked Council to consider a delay the decision until
everyone knows about it; and
WHEREAS, Jackson Beamer, 19 Hillmont Drive, appeared before the
Council and stated that he did not attend the meeting to address this issue, but
he has been present at Council meetings where it was himself and two Boy
17
Scouts trying to get a badge present at the meeting; it is good to see a good
turnout; he stated that he supports the request; he thinks it would be a benefit
to the City; the City needs jobs and economic development; he stated that noise
affects him every day; his business is directly in a Roanoke Airport flight pattern;
he is maybe 400 feet from railroad tracks, and then he lives just about as close to
the Roanoke Airport as you can, and still be in Salem and at one of the highest
points in the City of Salem; he states that he hears the 5:35 a.m. come out, the
5:55 a.m., the 6:05 a.m., the 10:30 p.m. UPS airplane taking off, and the 11:35
p.m. flight from Atlanta coming into the airport; he also lives 200 feet from Main
Street; noise is a big deal and he gets noise, but it seems to him that the noise
associated with the business is going to be minimum; the fuel storage, etc. is so
regulated and you can’t protect everything in an act of God; he feels like it would
be a good use for the property; he stated that Timber Truss used to run trucks in
and out of the property all day long and it was a noisy operation when it was
located on the property; and
WHEREAS, no other person(s) appeared related to the request; and
WHEREAS, Mr. Milko reappeared before the Council to address the
concerns raised; he said he appreciates all of the concerns and the input; he
stated that we are a community and no one is trying to strong arm anyone or
force anything down anyone’s throat; he stated that the area is an uncontrolled
airspace and the company’s past history of community relations shows that we
are going to do what we say we are going to do; he stated that he knows that the
company does not have a history in Salem, but you can ask anyone the company
has dealt with over the last 35 years and when we say we’re going to do
something, that’s what we do; he stated that our word is worth a million dollars;
he does not feel that it is Salem City’s place to start enforcing airspace or
Virginia’s place to do so; that is a federal statue and that’s what they do and they
do it well; he stated that aircraft will approach and depart along the railroad
tracks; he stated that he has not actually counted the number of trains that
come through every day, but he hears them at least every hour that he has been
on the property working; he stated that the trains are pretty noisy and can be
heard on the greenway and in the river; yes helicopters will add some more
noise, but as some people have said, there is already a good bit of noise; the
noise generated will not be anywhere near the level of the train activity on an
hourly, long duration period of time; it is a quick in and out when it is there; and
WHEREAS, Mayor Foley inquired that since it is an uncontrolled airspace,
does that mean that flight plans are not filed and pilots won’t talk to ATC at all;
and
18
WHEREAS, Mr. Milko stated that taking off from the facility, since it is on
the approach path to the airport, when you take off you will call the airport and
let them know that they are departing in this direction so that they know to look
for you; there is a transponder in the aircraft which will show up on the radar,
will show where you are, what altitude you’re at and where you’re flying; all of
their aircraft are equipped with a transponder; he stated that as soon as one of
their aircraft takes off, the airport will immediately know where it is; even
though the airspace is uncontrolled, all of the airspace in the United States is
under the FAA’s control; he stated that it is common courtesy to notify the
airport; he stated that there are times at their current location where they have
to wait for an aircraft to fly over and land before they can take off so that they
do not cause any issues in safety; safety is of paramount importance all the way
around; he stated that he appreciates peace and quiet, and the birds and the
river as well, and the greenway is a great system that has been placed
throughout the city; he stated that greenways typically are placed alongside
roads, it is not a completely silent environment people are walking along; he
stated that it is not like you are putting a huge noise in an area where it’s been
completely virgin of noise; he stated that there are all kinds of birds, deer, and all
kinds of wildlife at their current location; it is far from a barren facility; to drive
up, you would not know that there is an industrial operation at the facility and
that’s the way the company intends to operate in Salem as well; he again
reiterated that the company’s regular business hours are 8 a.m. to 5 p.m. and 99
percent of their flights are during daylight hours; there are times that a flight will
come in after 5 p.m. if they are out flying a patrol in West Virginia and need to
come in and land, or they could fly out at 7 a.m.; those flights do occur but there
is no set, regular scheduled hourly flights flying in and out like at the Roanoke
Airport; he stated that concerns were raised regarding fuel storage; he stated
that Mr. James has had fuel storage on the site for a long time; it is a double -
walled, sealed system that meets all of the codes and federal regulations; when
aviation fuel is placed on the property, even more stringent codes will be
followed; he stated that Mr. James has owned the property since 1974 and the
buildings have never been flooded; he stated that the herbicides will be stored
inside and would be contained inside of the building to where if there was a fire,
it would be contained inside of the building so that it would not get into the
river; and
WHEREAS, Councilman Jones noted that the herbicide storage is also
controlled by OSHA from the right to know hazard communication, and the DEQ
from the storage standpoint; and
WHEREAS, Mr. Milko stated that Councilman Jones was correct; he stated
that concerns were expressed regarding future growth and what the site would
19
turn into, etc.; he stated that he does not have a crystal ball and he does not
know what is going to come into Salem 20 years from now; he can speak on
what the company intends to do and what the company’s long-term focus is,
which is operating the proposed facility; the company will not be flying in jets,
not going to be flying tours or that type of thing out of the facility; that is not
part of the business model and there is no interest in doing that; even if the
business grows, the company works all over the United States and there is very
little work that occurs within 100 miles of where the company is currently
located; he said that even if the company grows twice as much, the flights in and
out probably aren’t going to change one bit; and
WHEREAS, Councilwoman Garst asked Mr. Milko to address Mrs.
Munley’s concern regarding the heavy equipment lifting; and
WHEREAS, Mr. Milko stated that the company has one helicopter, it’s
called a Bell Tool Five and is the same size as a Hughie from the Army; that is the
aircraft that is used for firefighting out west; the aircraft left Cloverdale, Virginia,
March 2014 and it has not returned to the facility yet; he stated that when the
aircraft returns, it will go in the hanger and extensive maintenance will be done
on the aircraft and it will go back out for fires next spring; the company has a
contract in Arizona that requires that aircraft to be operational 15 hours a day, 7
days a week; therefore, the aircraft has to be spic and span, perfectly ready to go
or the company isn’t getting paid; he stated that the heavy lifting that is done is
for special projects elsewhere, and not for lifting things on or around the
property; and
WHEREAS, Mayor Foley inquired about the accident history at the facility;
and
WHEREAS, Mr. Milko stated that there has not been a fatality in the 34
years the company has been in operation; there have been incidents throughout
the history, but there have not been any accidents at the facility in Cloverdale;
and
WHEREAS, Councilman Jones inquired if there had been any spills of
pesticides or fuel; and
WHEREAS, Mr. Milko stated that there have not been any spills on the
property; Charles McGold out of the Virginia Extension Office comes and
inspects the facility each year; the FAA also looks at the fuel tank storage as well;
and
20
WHEREAS, Vice Mayor Givens questioned if they will be able to use the
fuel tanks currently on the property or if they will have to bring the fuel tanks
from the current location; and
WHEREAS, Mr. Milko stated that he does not know for sure if the fuel
tanks on the property can be used as they held diesel and gasoline in them,
which are not the same as jet fuel; and
WHEREAS, Mayor Foley inquired if the helicopters ascend to a certain
height before it flies horizontally; and
WHEREAS, Mr. Milko stated that helicopters do not rise directly up and
then take off; it is not a safe way to operate; helicopters climb and progress es
forward at the same time; he stated that it is a quick ascent to get out anywhere
in Roanoke; and
WHEREAS, Councilwoman Johnson asked the City Manager to note the
number of helicopters flights that come into Lewis Gale Hospital; and
WHEREAS, the City Manager stated that a Lewis Gale Hospital was
contacted to get an idea of what kind of flights they do; Lewis Gale Hospital does
not have its own helicopter, so if a helicopter is bringing in a patient or
transporting a patient out, another provider is doing so; it could be Carilion’s
Lifeguard or a helicopter from some other private service; he stated that Lewis
Gale Hospital had 60 flights in and departures over a one-year period; and
WHEREAS, Councilwoman Garst clarified that all proper notification has
been placed in newspapers as required for this request for both the Planning
Commission meeting as well as the City Council meeting; and
WHEREAS, the Assistant City Manager confirmed that proper notification
was placed as required; and
WHEREAS, Councilwoman Garst stated that she has been a huge
advocate of the greenways for a long time and has enjoyed it tremendously; she
noted that the greenway is located along railroad tracks and noise is generated
from the trains and she does not see where the proposed facility would add to
the noise; she noted that there has been conversation about City Council
considering other uses for this property; she stated that this property has been
vacant for quite some time; she stated that discussions have been held as to
what could go into the area; there were concerns because of flooding and even
though there are 63 acres, it isn’t 63 usable acres; also, railroad tracks are there,
21
so what could go onto the site that wouldn’t be so dependent on the railroad
schedule because it is a busy area through there; she stated that there has been
quite a bit of discussion about what could go over on that facility; the facility has
been zoned heavy manufacturing for a long time; therefore, by right a
manufacturing facility could go on the property with tractor trailers that could be
traveling and idling, etc.; she noted that she had the opportunity to speak with
several people from Botetourt County last week and she specifically asked them
what kind of neighbor had Summit Helicopter been; she was told that Summit
Helicopters had been a good corporate neighbor and she was told how
disappointed Botetourt County was to be losing the business in the Cloverdale
area; that Botetourt County had worked with the company for quite a period of
time to try to retain the business; she asked about the number of complaints
that had been received and she was told that they have not had any complaints
at all; and
WHEREAS, Councilwoman Johnson concurred with Councilwoman Garst’s
remarks; she also thanked Summit Helicopters for going through the Special
Exception Permit request process because the City did want to make this as open
as possible; she stated that she feels that adequate notice was given to the City
and its citizens that this was going on; and
WHEREAS, Vice Mayor Givens noted that the property has been vacant
for a few years and he feels that a new business coming to the property is a good
thing; and
WHEREAS, Councilman Jones stated that safety concerns have been
addressed; and he feels that the jobs that will be brought to the city are
important as well; he stated that Council has listened to the concerns expressed;
he feels that the company has an exemplary record of being a good corporate
citizen as well as a supporter of its community; and
WHEREAS, a discussion was held regarding if a condition was placed on
the request, how Council would could enforce the condition, how the number of
flights are recorded; etc.;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILWOMAN GARST, AND DULY CARRIED, the request of Summit Realty
Holdings LLC, property owner, for the issuance of a Special Exception Permit to
allow aviation facilities on nine parcels located on McClelland Street and West
Fourth Street (Tax Map #162-3-3, 4, 6 & 7.1; 162-4-1, 2 & 2.1; and 163-1-2 & 3)
was hereby approved with a condition of a maximum of 20 flights per week
except for emergencies (acts of God, floods, fires, weather related emergencies,
22
and manmade emergencies) – 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.
The meeting was recessed at 9:35 for a 10-minute break and reconvened
at 9:45; Councilwoman Garst was absent for the remainder of the meeting.
Mayor Foley reported that this date and time had been set to hold a
public hearing to consider the request of Richard L. and Freda M. Conner,
property owners, for the issuance of a Special Exception permit to allow an used
car sales lot on the property located at 515/517 Eighth Street (Tax Map #185 -5-
12); notice of such hearing was published in the September 4 and 11, 2014,
issues of the Salem Times Register, a newspaper published and having general
circulation in the City of Salem; the Planning Commission recommends approval
of said request with a condition of fifteen (15) cars; and
WHEREAS, staff noted the following: the subject property consists of one
parcel of approximately .26 acres and is located on the north side of Eighth
Street; the property is currently zoned Highway Business District and is occupied
by two structures; the structure at 515 is currently leased to BNB Transmissions
and is being used for automotive repair; the structure at 517 is vacant; the
petitioners would like to use this building for the same purpose as the adjacent
properties, i.e. used car sales; and the request is for a Special Exception Permit
to allow an used car sales lot; the property owner has proffered that there will
be no more than fifteen (15) cars on that lot at any given time for sale; and
WHEREAS, Richard Conner, property owner, appeared before the Council
and stated that he already has a business at 510 Eighth Street; he stated that he
owns all three of the buildings, the whole front of the block; in order to place a
used car sales lot in the building, he had to get a zoning letter signed, which he
did not realize would lead to all this; he just wants to be able to use one of his
buildings for something he has already been doing; expand the business and be
able to place more vehicles for sale; and
WHEREAS, Councilman Jones stated that he has known Mr. Conner for a
number of years and Mr. Conner operates a first class business; and
WHEREAS, Jackson Beamer, 19 Hillmont Drive, appeared before the
Council and stated that he runs a business on Tennessee Street, right around the
corner from Mr. Conner’s business; and he owns property on Florida Street; he
ITEM 5
SPECIAL EXCEPTION
PERMIT APPROVED
TO ALLOW AN USED
CAR SALES LOT ON
THE PROPERTY
LOCATED AT
515/517 EIGHTH
STREET (T/M 185-5-
12)
23
recommends Council approve the request; and
WHEREAS, a discussion was held regarding using public streets for
“staging” vehicles on the street, which places the vehicles on the street beyond
the four-day limit of vehicles being able to be parked on the street; displaying
vehicles in the right-of-way, etc.;
WHEREAS, no other person(s) appeared related to the request;
ON MOTION MADE BY COUNCILMAN JONES, SECONDED BY VICE MAYOR
GIVENS, AND DULY CARRIED, the request of Richard L. and Freda M. Conner,
property owners, for the issuance of a Special Exception permit to allow an used
car sales lot on the property located at 515/517 Eighth Street (Tax Map #185 -5-
12) was hereby approved with a condition of no more than fifteen (15) cars to be
for sale at any given time – 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 1256
suppporting Congressional action to enact legislation that promotes fairness for
brick and mortar and internet businesses within the City of Salem; and
WHEREAS, Mayor Foley noted that there are some concerns regarding
the language and possible conflicts; therefore the item will be continued until a
later date.
Mayor Foley requested that Council consider request for donation to the
Salem Band Boosters ($6,098.79) equal to the amount of admissions tax paid in
connection with the Drum Corps International Summer Music Games held July
29, 2014;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, a donation to the Salem Band
Boosters ($6,098.79) equal to the amount of admissions tax paid in connection
with the Drum Corps International Summer Music Games held July 29, 2014, 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.
ITEM 6
CONTINUED UNTIL
A FUTURE MEETING
ITEM 7
DONATION
APPROVED TO
SALEM BAND
BOOSTERS EQUAL
TO AMOUNT OF
ADMISSIONS TAX
PAID ($6,098.79) IN
CONNECTION WITH
THE SUMMER
MUSIC GAMES
24
Mayor Foley requested that Council consider request to appropriate
additional Highway Maintenance funding from the state for storm sewer
rehabilitation; and
WHEREAS, Vice Mayor Givens, Chair of Council’s Audit-Finance
Committee, reported that the Committee reviewed the request to appropriate
additional highway maintenance funding from the state for storm water
rehabilitation at the September 5, 2014, meeting; on June 9, 2014, Council
appropriated funding from prior year highway maintenance funds for the Salem
woods storm sewer project; this project has encountered additional cost due to
issues such as a broken water line and rock, which could not be anticipated in
the initial bid prices; these funds will come from highway maintenance funds
that have been carried over from prior years and not expended; the Committee
recommends ratification of the approval to appropriate $131,000 of highway
maintenance funds for this project;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, the request to appropriate additional
Highway Maintenance funding from the state for storm sewer rehabilitation 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 request to accept and
appropriate grant funds received from the National Highway Traffic Safety
Administration;
WHEREAS, Vice Mayor Givens, Chair of Council’s Audit-Finance
Committee, reported that the Committee reviewed the request to accept and
appropriate grant funds received from the National Highway Traffic Safety
Administration; these funds will be used to purchase radar equipment and
reimburse overtime charges incurred to staff for various checkpoints and patrols
throughout the City; the grant mandates that checkpoints and patrols focus on
alcohol and speed enforcement and occupancy protections and be performed
between October 1, 2014, and September 30, 2015; the City will be required to
provide matching funds by covering vehicle maintenance and fuel costs, which
are funded as part of the Police Department’s operating budget; the Committee
recommends appropriation of $25,575 in grant revenue, and that any grant
funds not expended in the fiscal year received be administratively appropriated
in the subsequent fiscal year to be spent by the September 30, 2015, deadline;
ITEM 8
ADDITIONAL
HIGHWAY
MAINTENANCE
FUNDS
APPROPRIATED
FROM THE STATE
FOR STORM SEWER
REHABILITATION
ITEM 9
ACCEPT AND
APPROPRIATE
GRANT FUNDS
RECEIVED FROM
THE NATIONAL
HIGHWAY TRAFFIC
SAFETY
ADMINISTRATION
APPROVED
25
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, the request to accept and
appropriate grant funds received from the National Highway Traffic Safety
Administration 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 approval of the Blue Ridge
Behavioral Healthcare’s proposed fiscal year 2015 Performance Contract with
the Commonwealth of Virginia Department of Medical Assistance/Department
of Mental Health/Mental Retardation; and
WHEREAS, Vice Mayor Givens, Chair of Council’s Audit-Finance
Committee, reported that the City of Salem participates with Blue Ridge
Behavioral Healthcare in providing mental health/mental retardation and
substance abuse services to its citizens; each year, RBRH enters into a
“Performance Contract” with the Commonwealth of Virginia Department of
Medical Assistance/Department of Mental Health/Mental Retardation for
providing these services; for fiscal year 2014-2015, Salem will contribute
$103,000 to BRBH; after review, the Committee recommends that the
Performance Contract be approved as submitted;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, the request to appropriate additional
Highway Maintenance funding from the state for storm sewer rehabilitation 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 request to amend the
School Operating Fund Budget as approved by the School Board on August 12,
2014; and
WHEREAS, Vice Mayor Givens, Chair of Council’s Audit-Finance
Committee, reported that on August 12, 2014, the School Operating Fund
budget was amended by the School Board for appropriation for various increases
in revenue and corresponding expenses; the Committee recommends approval
of the School Board’s appropriation of $342,183 to their Operating Fund;
ITEM 10
BRBH PROPOSED
2015
PERFORMANCE
CONTRACT WITH
THE
COMMONWEALTH
OF VIRGINIA
DEPARTMENT OF
MEDICAL
ASSISTANCE/
DEPARTMENT OF
MENTAL
HEALTH/MENTAL
RETARDATION
APPROVED
ITEM 11
REQUEST
APPROVED TO
AMEND SCHOOL
OPERATING FUND
BUDGET AS
APPROVED BY THE
SCHOOL BOARD ON
AUGUST 12, 2014
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ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, the request to amend the School
Operating Fund Budget as approved by the School Board on August 12, 2014,
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 request to amend the
School Operating Fund Budget as approved by the School Board on September 9,
2014; and
WHEREAS, Vice Mayor Givens, Chair of Council’s Audit-Finance
Committee, reported that on September 9, 2014, the School Operating Fund
budget was amended by the School Board for appropriation for various reason
with a net effect of $0.00 on the total budget; the Transportation,
Administration and Maintenance funds will be amended; the Committee
recommends approval of the School Board’s appropriation of $17,009 to their
Operating Fund;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, the request to amend the School
Operating Fund Budget as approved by the School Board on September 9, 2014,
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 commission;
ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, Edward S. “Skip” Lautenschlager was
hereby appointed to the Roanoke River Greenway Commission for a three-year
term, said term will expire September 26, 2014 – 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 receive report regarding
continuation of fiscal agent agreements between the City and Court Community
Corrections Regional Alcohol Safety Action Program Board and the Cardinal
ITEM 12
REQUEST
APPROVED TO
AMEND THE
SCHOOL
OPERATING FUND
BUDGET AS
APPROVED BY THE
SCHOOL BOARD ON
SEPTEMBER 9, 2014
ITEM 13
EDWARD “SKIP”
LAUTENSCHLAGER
APPOINTED TO THE
ROANOKE RIVER
GREENWAY
COMMISSION
ITEM S1
FISCAL AGENT
CONTRACTS FOR FY
2014-2015
APPROVED
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Criminal Justice Academy for fiscal year 2014-2015; and
WHEREAS, Vice Mayor Givens, Chair of Council’s Audit-Finance
Committee, reported that the City of Salem has acted as the fiscal agent for
Court-Community Corrections Regional Alcohol Safety Action Program Board and
Cardinal Criminal Justice Academy for a number of years; each of these agencies
reimburses the City for all out-of-pocket expenses, such as audit fees, materials
and supplies and all other contractual related items; they also reimburse a
portion of salaries and fringe benefits for all departments involved in providing
services to their agency; after review, the Committee recommends authorization
of the proper City Officials to execute these contracts authorizing the City to
continue to act as fiscal agent for fiscal year 2014-2015;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, the continuation of fiscal agent
agreements between the City and Court Community Corrections Regional
Alcohol Safety Action Program Board and the Cardinal Criminal Justice Academy
for fiscal year 2014-2015 and proper city officials are hereby authorized to
execute said contracts – 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 receive report and consider adopting
Resolution 1257 amending the City of Salem’s Section 125 Cafeteria Plan; and
WHEREAS, Vice Mayor Givens, Chair of Council’s Audit-Finance
Committee, reported that the City offers to its employees a Flexible Benefits
Program as authorized by Section 125 Cafeteria Plan of the Internal Revenue
Code; due to changes in federal law and city policy, it is necessary to amend the
City Flex Plan; after review, the Committee recommends that Council adopt
Resolution 1257 amending the City Flex Plan;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, Resolution 1257 amending the City of
Salem’s Section 125 Cafeteria Plan was hereby adopted – 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.
There being no further business to come before the Council, the same on
motion adjourned at 9:59 p.m.
ITEM S2
RESOLUTION 1257
ADOPTED
AMENDING THE
CITY OF SALEM’S
SECTION 125
CAFETERIA PLAN