HomeMy WebLinkAbout4/28/2014 - City Council - Minutes - RegularUNAPPROVED MINUTES
COUNCIL MEETING
April 28, 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 April 28, 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, City Engineer; Mike
Stevens, Communications Director; and Stephen M. Yost, City Attorney; and the
following business was transacted:
The April 14, 2014, joint work session with the Salem School Board,
regular meeting, and the April 18, 2014, special minutes were approved as
written.
The report by the Director of Finance of the City’s financial status for a n
eight-month period ending March 31, 2014, was received and ordered filed.
It was noted that Sydney Eubank, Salem High School, was present at the
meeting as part of her Government class.
Mayor Foley reported that this date and time had been set to hold a
public hearing and consider the request of ABC’s of Applied Behavior Analysis,
Inc., lessee, and Goodpasture Properties LLC, property owner, for the issuance of
an Use Not Provided for Permit to allow a behavioral and therapeutic clinic and
private school/learning center on the property located at 1630 Braeburn Drive
(Tax Map #284-1-2.7); notice of such hearing was published in the April 9 and 16,
2014, issues of The Roanoke Times, a newspaper having general circulation in
the City of Salem; the Planning Commission at its April 16, 2014, meeting
recommended approval of request; and
WHEREAS, staff noted the following: the subject property consists of one
parcel approximately .43 acres; it is located on the south side of Braeburn Drive
behind the Ridgewood Farms Shopping Center; the property is currently
occupied by an office building; the request is for an Use Not Provided for Permit
to allow a behavioral and therapeutic clinic and private school/learning center;
when Staff met with the petitioners, it was determined that our zoning
ordinance did not have a clear-cut definition for the proposed use; since the
ITEM 1
USE NOT PROVIDED
FOR PERMIT
APPROVED TO
ALLOW A
BEHAVIORAL AND
THERAPEUTIC CLINIC
AND PRIVATE
SCHOOL/LEARNING
CENTER ON
PROPERTY LOCATED
AT 1630 BRAEBURN
DRIVE (T/M 284-1-
2.7)
2
petitioners would have to get a Special Exception Permit for the private school
use in the HBD zoning anyway, Staff felt it was best to request an Use Not
Provided For so the use would be clearly defined; and
WHEREAS, Lissa Hoprich of 1301 Kings Crest Drive, Salem, lessee,
appeared explaining the request to the Council; she noted that currently the
business does applied behavioral analysis (ABA), which is the evidence -based
intervention used for children on the autism spectrum between the ages of two
and their seventh birthday, which is covered under the private insurance
mandate; they provide ABA in home, and opened a clinic today; they began their
lease for an outpatient facility at 1630 Braeburn Drive on April 1 st; they would
like to be able to expand this use to a special school; this would be an accredited
private school K through 12 for the children they have been working with
through early intervention services to be able to work towards a standard
diploma; she stated that the school would be open to the public with the
support of our license behavior analysis that are in the clinic below—the first
floor would be the clinic, and the second floor, if approved, would be the private
school; and
WHEREAS, Councilwoman Johnson inquired about the hours of operation
of the school; and
WHEREAS, Ms. Hoprich stated that it would be a private school, but they
would follow all the regulations for a public school, as well, so that if any children
would like to transition back into public school, they would be able to do so; and
WHEREAS, Councilwoman Johnson questioned if there would be an area
for outdoor recess time for the children who attend the school; and
WHEREAS, Ms. Hoprich stated that the bottom part of the clinic itself is a
gym; therefore, there is a gym area, but she is not sure if the location would
allow an opportunity for outside playtime; and
WHEREAS, Councilman Jones inquired about security at the school—has
it been address and will it meet current guidelines; and
WHEREAS, Ms. Hoprich stated that will be addressed if approval of the
request is granted; and
WHEREAS, a discussion was held regarding security, safety issues; and
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WHEREAS, Vice Mayor Givens inquired about the number of students
anticipated to attend the school; and
WHEREAS, Ms. Hoprich stated that they are looking to enroll between 30
and 35 students, and the clinic currently serves between 20 and 25; therefore
approximately 50 total students with various ages; and
WHEREAS, a discussion was held regarding teacher to student ratio; it
was noted that the students will provide their own lunches; therefore, no food
service will be provided onsite; and no bus service will be provided; and
WHEREAS, Bethany Cook, 609 Castle Ridge Road, Vinton, appeared
before the Council in support of the request; she stated that her five-year old
son Henry has autism; he was initially diagnosed at age two and a half; she
stated that she and her husband were introduced to Ms. Hoprich when Henry
was three years old; she stated that Henry had been seen by various therapists,
etc. with little progress before Ms. Hoprich began working with him; immediate
changes were seen once Ms. Hoprich began working with Henry—he began to
talk a lot and could communicate his needs/wants; she considers herself and her
family fortunate to have been introduced to Ms. Hoprich; she noted various
statistics related to children and people with autism; she asked Council to
approve the request; and
WHEREAS, no other person(s) appeared related to the request;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, the request of ABC’s of
Applied Behavior Analysis, Inc., lessee, and Goodpasture Properties LLC, property
owner, for the issuance of an Use Not Provided for Permit to allow a behavioral
and therapeutic clinic and private school/learning center on the property located
at 1630 Braeburn Drive (Tax Map #284-1-2.7) was hereby approved – the roll call
vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W. Johnson – aye, John C.
Givens – aye, and Byron Randolph Foley – aye.
Mayor Foley requested that Council consider setting bond for physical
improvements and erosion and sediment control for the Roanoke College –
Cregger Center project; and
WHEREAS, Vice Mayor Givens, Chair of Council’s Audit-Finance
Committee, reported that the Committee reviewed the estimate for physical
improvements and erosion and sediment control for the Roanoke College
ITEM 2
BOND AND TIME
LIMIT SET FOR
ROANOKE –
CREGGER CENTER
PROJECT
4
Cregger Center Project; the Committee concurs with the Engineering
Department’s recommendation that bond be set in the amount of $195,096 with
a time limit of twelve (12) months for completion; it was noted that Roanoke
College plans to begin the project as soon as graduation is held and the students
have moved off campus; and
WHEREAS, Councilwoman Garst inquired about the order in which the
project will proceed; and
WHEREAS, the City Engineer stated that Roanoke College will have to get
perimeter controls for sediment control in place, and demolition will most likely
occur at the same time; there are two phases to the project; he noted that they
will keep as much asphalt in place as possible during demolition, but once the
asphalt starts being torn up and removed, the perimeter controls will be placed;
he further noted that the bond only covers the physical improvements to the
land, it won’t cover the buildings or things like that; hopefully within a year the
site will be stabilized and they will be working on the buildings; if for any reason
there is a part that is not completed, the bond can be reduced by increments of
$10,000 as work is completed; the entire project is estimated to take
approximately 24-months; and
WHEREAS, Councilwoman Garst and Councilman Jones inquired about
the time of day construction will begin and end each day; and
WHEREAS, the City Engineer stated that will be determined at the pre-
construction meeting;
ON A MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, bond for the Roanoke College
Cregger Center Project was hereby set in the amount of $195,096 with a time
limit of twelve (12) months for completion – the roll call vote: Lisa D. Garst –
aye, William D. Jones – aye; Jane W. Johnson – aye, John C. Givens – aye, and
Byron Randolph Foley – aye.
Mayor Foley requested that Council receive a presentation from the Vice-
Chair of the Salem School Board regarding the 2014-2015 budget; and
WHEREAS, Dr. Michael Chiglinsky, Vice Chair of the Salem School Board,
appeared before Council to present the 2014-2015 School Division budget; he
thanked Council for meeting earlier this month with the Salem School Board;
these collaborative efforts to be informed about the current state of Salem City
ITEM S1
PRESENTATION
FROM SALEM
SCHOOL BOARD
REGARDING FY
2014-2015 BUDGET
5
School Division finances, to better understand the challenges faced by public
education in the City and the Commonwealth, and to address the needs of our
children, employees, and citizens in a mutually respectful manner is a hallmark
of powerful leadership; the Board looks forward to many more such constructive
occasions; as a result of such collaboration, the Salem School Division has been
able to weather the Great Recession with less disruption to the learning process
than many of the surrounding school systems; the School Division budget
consists of the School Fund budget in the amount of $42,441,587; the Grant
Fund budget in the amount of $1,986,313; and the Cafeteria Fund budget in the
amount of $1,559,504 for a total budget of $45,987,404; which was unanimously
approved by the Board on March 25, 2014; the FY15 budget is $1,064,845 or
2.37 percent over the current years adopted budget of $44,922,559 which
consists mostly of the increase in VRS rates due to the mandated rate increase
from the state, and a 2 percent raise for all employees in the Division; he noted
that this budget was approved prior to the General Assembly adopting a budget
for the Commonwealth; therefore, we will have to make amendments once we
have the calculation formulas and then present the approved, balanced, and
amended budget to Council at a later time; at this time, the figures presented
are best conservative estimates of expected revenues; he then discussed some
of the highlights of the budget; he presented Council with handouts that show
the magnitude of reductions made over the last six years, and the history of
funding for school operations from the city; he thanked Council for its sustained
support, but noted that there is nowhere else to cut ; the past six years of state
reductions while fixed costs increased led to some new efficiencies, but have
also cut away at our core business of teaching and learning; looking ahead to
FY16, the Board hopes that the second year of the biennium will be relatively
stable; the next two biennia; however, including FY17 and FY19 are expected to
feature additional, significant increases in VRS costs in accordance with General
Assembly action in 2013 intended to “fully fund” VRS; this approach is effectively
“repaying” funds not contributed to the VRS by the Commonwealth during the
Great Recession; he again thanked Council on behalf of the School Board and its
employees for the local funding provided to the school division and the
importance placed on the education of the city’s youth; by law, a balanced
budget must be presented to Council by May 1; the budget adopted by the
Board requires an increase in local revenue to be balanced, but with the state
budget process on hold, we expect to provide an amended budget based on the
final state budget calculations as soon as they are received; presently, an
increase in local funds in the amount of $544,351 will be required to close the
budget gap as presented; he thanked Dr. Seibert, Ms. Hall, Ms. Jordan and the
school division employees for their patience and hard work in developing this
budget during such a difficult economic time; he noted that he, Dr. Seibert, Ms.
Hall, and Ms. Jordan are available to answer any questions; and
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WHEREAS, Councilwoman Garst inquired about the projected increase in
VRS costs; and
WHEREAS, Mandy Hall, 500 Diamond Road, Supervisor of Business, Salem
City Schools, appeared before the Council and stated that the estimated VRS cost
increase will be approximately 2.5 to 3 percent each year; and
WHEREAS, a discussion was held regarding the General Assembly action
in 2013 regarding VRS costs; special education funding; Virginia Western
Community College classes being offered for high school students, etc.;
THEREUPON, presentation was received.
Mayor Foley noted that Council will hold a budget work session on
Thursday, May 1, 2014, at 4:00 p.m. in the Council Chambers Conference Room.
He encouraged citizens to contact their delegates and senators to make sure
they are aware of the onus that they are placing on local governments
throughout the Commonwealth.
Councilwoman Garst further noted that there was an increase in sales
tax, but no increase in the amount returned to the locality.
There being no further business to come before the Council, the same on
motion adjourned at 8:14 p.m.