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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 3 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 6 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.