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HomeMy WebLinkAbout4/22/2013 - City Council - Minutes - RegularUNAPPROVED MINUTES CITY COUNCIL WORK SESSION APRIL 22, 2013 A work session of the Council of the City of Salem, Virginia, was held in the City Manager’s Conference Room, City Hall, 114 North Broad Street, Salem, Virginia, on April 22, 2013, at 6:30 p.m., there being present the following members of said Council, to wit: John C. Givens, Jane W. Johnson, William D. Jones, and Lisa D. Garst (Byron Randolph Foley – absent); with John C. Givens, Vice Mayor, presiding; together with Kevin S. Boggess, City Manager; James E. Taliaferro, II, Assistant City Manager and Clerk of Council; Diane Hyatt, Interim Director of Finance; and Rosie Jordan, future Director of Finance; and the following business was transacted: Vice Mayor Givens reported that this date, place, and time had been set in order for the Council to hold a work session; and WHEREAS, a discussion was held regarding keys to the city; and WHEREAS, a discussion regarding the microbrewery; and WHEREAS, a discussion was held regarding the Golden Employees dinner; and WHEREAS, it was noted that budget work sessions will be held prior to May 13, Council meeting beginning at 5 p.m., and will continue after the May 13 meeting, and on May 14, and 15, if needed; and WHEREAS, there were no other topics for discussion. There being no further business to come before the Council, the work session was adjourned at 7:23p.m. ____________________________________ Mayor _____________________________________ Clerk of Council UNAPPROVED MINUTES COUNCIL MEETING April 22, 2013 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 22, 2013, at 7:30 p.m., there being present the following members of said Council, to wit: John C. Givens, Jane W. Johnson, William D. Jones, and Lisa D. Garst (Byron Randolph Foley – absent); with John C. Givens, Vice 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; Stephen M. Yost, City Attorney; Charles E. Van Allman, Jr., City Engineer; and Mike Stevens, Communications Director; and the following business was transacted: The April 8, 2013, work session and regular meeting minutes were approved as written. The report by the Interim Director of Finance of the City’s financial status for a nine-month period ending March 31, 2013, was received and ordered filed. Vice Mayor Givens requested that Council receive presentation from the Chair of the Salem School Board regarding the 2013-2014 budget; and WHEREAS, Sarah “Sally” Southard, Chair of the Salem City School Board, and Alan Seibert, Superintendent of Schools, appeared before the Council; and WHEREAS, Mrs. Southard stated that she is before Council to present the balanced budgets for FY 2014 for the Salem City School division consisting of the School Fund budget in the amount of $41,092,046, the Grant Fund budget in the amount of $2,232,509, and the Cafeteria Fund budget in the amount of $1,598,004 for a total budget of $44,922,559, which was unanimously approved by the school board on March 26, 2013; the FY 14 budget is $829,779 or 1.88 percent over the current year’s adopted budget of $44,092 ,780, which consists mostly of increases in debt service for the new South Salem School; she noted that state revenue has a net decrease of $204,108 due to a dip in student enrollment from 3,830 in FY 13 to 3,760 in FY 14 that is partially offset by a modest increase in the estimated sales tax to be received; federal revenue has a net increase of $561,484 due to growth of the Regional Adult Basic Education and the GED grants that could appear to offset the pending sequestration reductions; the challenge; however, is that the new federal funds are not in the most needed areas of Special Education and Title 1, where the federal ITEM 1 PRESENTATION REGARDING 2013- 2014 SALEM SCHOOL BOARD BUDGET 2 sequestration hits the hardest; local revenue from the city is budgeted at $18,919,494, which is level funded; while city funding for debt service is increasing by $830,070 over the current year’s debt service budget to $2,670,398, which is paid 100 percent by the city; it should be noted that the Board is not proposing to use any capital reserve to balance the budget in FY 14, which was done in FY 13; the Cafeteria Fund revenue has a decrease of $67,416 due in part to the decrease in student enrollment; the budget also reflects an increase in lunch prices; the Healthy Hunger Free Kids Act of 2010 requires that school lunch prices be evaluated annually until the price charged for a full pay student reaches the difference in what the federal lunch program reimburses for a free lunch and what they reimburse for a full pay lunch; currently this federally calculated target is $2.51; therefore, lunch prices will increase each year until $2.51 is reached as the average lunch price; in FY 14, adult and student lunches will increase by 5 cents; the School Fund budget is funded with 42 percent state funds, 5 percent federal funds, 50 percent local funds and 3 percent other funds; she stated that non-resident tuition will remain the same in FY 14; she then discussed the various ways the Board balanced the budget, one being that no funding for pay raises, which leaves $230,340 of state money “on the table” because the required local match to provide the 2 percent raise to all division employees would require a corresponding increase of $299,660 from the City; she further stated that this makes the fifth consecutive year that she has presented a budget for Council’s consideration that features significant reductions in operations; a new handout entitled “Summary of Primary Budget Reductions FY 10-14” was provided to show the magnitude of reductions made over a five year period; she noted that the handout only shows the decreases; she also provided a second handout entitled “The History of City Funding for School Operations” because it shows that while the School Board has had to reduce existing operations by approximately $2.5 million over five years, that without level funding from the City, the Board would have had to cut much more; she thanked Council for its sustained support, but stated that the Board has nowhere else to cut; the past five years of state reductions while fixed costs increased led to some new efficiencies, but also cut away at the schools core business of teaching and learning; she stated that the Board plans to apply for a Strategic Compensation Grant in an effort to make a one-time bonus available to teachers, but the grant application isn’t due until July so it will be well into next school year before it is known if the grant will be awarded; looking ahead to FY 15, the Board is very concerned that another significant state-required increase in VRS contributions by employers will be forced upon the Board; there is nowhere else to cut and she thinks it is very likely that the Board will need to ask for an increase in local support this time next year; once again, on behalf of the Salem City School Board and our employees, she thanked Council for the local funding it provides the school division and the importance placed on the 3 education of our youth; she noted that by law, she is required to present a balanced budget to Council by May 1 of each year; if any additional local revenue is available after this time, we would seek to apply it to the local required match to secure the state’s proposed 2 percent raise; she also thanked Dr. Seibert, Mrs. Hall, Mrs. Hyatt, and many school division employees for their patience and hard work in developing this budget during such a difficult economic time; and WHEREAS, Councilman Jones questioned which schools have had a decrease in enrollment; and WHEREAS, Dr. Seibert stated that there has been no one particular school; he stated that over the past three years, different kindergartens have gone to three homerooms in different schools and there have been smaller grade level moves throughout; he noted that there was a large graduating class last year and a smaller than expected kindergarten class; currently kindergarten enrollment for this year is level with last year’s enrollment; and WHEREAS, Councilwoman Garst expressed her exasperation at funding being cut from Special Education and Title I due to sequestration; and WHEREAS, Dr. Seibert stated that Congress has yet to ever fund Special Education to the point that was promised when the IDA was first initiated, and now the schools are losing 5 ½ percent; and WHEREAS, Councilwoman Garst stated that she has heard that the cuts continue at an additional 10 percent across the board in all schools; she stated that she was looking at the figures, and she knows that when the supplies are cut, the teachers make up the difference; she stated that to know that localities are not able to compensate the teachers is also frustrating; she stated that the things that add value to children’s education are being cut; and WHEREAS, Councilwoman Johnson echoed Councilwoman Garst’s comments; and WHEREAS, Vice Mayor Givens further echoed the sentiments; and WHEREAS, Dr. Seibert stated that Council historically has been extremely generous and the Board is grateful, but next year will be a new biennium and it is expected that VRS will increase again; he stated that the Board is out of ideas on ways to cut; and 4 WHEREAS, Councilwoman Garst questioned the Interim Finance Director if the 7 percent was enough “cushion” for the health insurance; and WHEREAS, the Interim Finance Director noted that it will be known in another week or so; the bids are due back this week, and the consultants will take another week to analyze the bids; and WHEREAS, Councilman Jones questioned how the utility budget was being reduced; and WHEREAS, Mrs. Southard stated that the figures were based on trends; and WHEREAS, Councilwoman Johnson questioned what teaching positions are being eliminated; and WHEREAS, Dr. Seibert stated that a fifth grade teacher at South Salem is retiring, a history teacher and an English teacher at the high school, and those positions would not be filled; and WHEREAS, Vice Mayor Givens thanked the School Board and Dr. Seibert for all their all hard work; ON MOTION MADE BY COUNCILMAN JONES, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, the FY 2013-2014 Salem School Board Budget was hereby accepted as presented – the roll call vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W. Johnson – aye, John C. Givens – aye, and Byron Randolph Foley – absent. Vice Mayor Givens stated that this date and time had been set to hold a public hearing to consider the request of Roger E. Warner, property owner, and John M. Pritchard Jr. and Marinda Vess-Pritchard, contract purchasers, for the issuance of a Special Exception Permit to allow an used car sales lot and automobile repair services, major, on the property located at 1206 West Main Street (Tax Map #141-2-2); notice of such hearing was published in the April 3 and 10, 2013, issues of The Roanoke Times, a newspaper having general circulation in the City of Salem; and WHEREAS, the Planning Commission at its regular meeting held on April 10, 2013, recommended approval of said request; and ITEM 2 SPECIAL EXCEPTION PERMIT APPROVED TO ALLOW A USED CAR SALES LOT AND AUTOMOBILE REPAIR SERVICES, MAJOR, ON THE PROPERTY LOCATED AT 1206 WEST MAIN STREET (T/M 141-2-2) 5 WHEREAS, staff noted the following: the subject property consists of .53 acres located on West Main Street between Salem Auto Service and Richards Auto Alignment; the property is currently zoned HBD; the applicants currently operate Salem’s Finest Collision Center at this location; this request is for a Special Exception Permit to allow a used car sales lot and automobile repair services, major; the applicants state that they would like to transfer their used car dealership license to Salem as they have sold their business in Roanoke; in addition to the used car sales lot, they would like to be able to rebuild vehicles as well; in accordance with Sec. 106-400, this development will require a site plan, and may require storm water management, landscaping, and other improvements; and WHEREAS, John Pritchard Jr., 1206 West Main Street, contract purchaser for the property at 1206 West Main Street, appeared before the Council in support of the Special Exception request; he noted that he and his wife had a car lot on Williamson Road in Roanoke that they recently sold; they still hold a valid Virginia Dealers’ license and they would like to transfer that license to Salem to the West Main Street facility where they currently repair cars; he would like to open a vehicle inspection service and also used car sales at this location; and WHEREAS, Vice Mayor Givens questioned the number of vehicles that would be for sale on the lot; and WHEREAS, Mr. Pritchard stated that there would be no more than 10 vehicles for sale at one time; and WHEREAS, Councilwoman Garst questioned the operating hours of the business; and WHEREAS, Mr. Pritchard stated that the business will be open from 8 a.m. to 5 p.m.; and WHEREAS, no other person(s) appeared related to said request; ON MOTION MADE BY COUNCILMAN JONES, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, the request of Roger E. Warner, property owner, and John M. Pritchard Jr. and Marinda Vess -Pritchard, contract purchasers, for the issuance of a Special Exception Permit to allow a n used car sales lot and automobile repair services, major, on the property located at 1206 West Main Street (Tax Map #141-2-2) 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 – absent. 6 Vice Mayor Givens reported that this date and time had been set to hold a public hearing to consider the request of 17th Century Builders, LLC, property owner, for the issuance of a Special Exception Permit to allow a two family dwelling on the property located at 802 Tennessee Street (Tax Map #159-8-1); notice of such hearing was published in the April 3 and 10, 2013, issues of The Roanoke Times, a newspaper having general circulation in the City of Salem; and WHEREAS, the Planning Commission at its regular meeting held on April 10, 2013, recommended approval of said request; and WHEREAS, staff noted the following: the subject property consists of .21 acres, at the southeast corner of the intersection of Tennessee and Sixth Streets; the property is approximately 100 feet by 90 feet; this request is for a Special Exception Permit to allow a two- family residence; the applicant states that the proposed structure would be similar to a single-family dwelling constructed in 2011 on a smaller lot to the rear on Sixth Street; in addition the applicant has noted that “the development is an ‘infill’ situation, in which the front of the proposed structure will align with the existing structures fronting Tennessee Street;” and WHEREAS, Paul Brown with Parker Design Group, 816 Boulevard, Salem, representing 17th Century Builders, LLC, property owner, and Steve Poff, 1000 High Street, a member of 17th Century Builders, LLC, appeared before the Council in support of the Special Exception permit request; he noted that the property is zoned Residential Single Family; at one point in time, this property was three 25’ lots; in 2006 Mr. Poff purchased one of the tax parcels which contained three 25’ lots and demolished the dwelling on the property; in 2008 he was able to purchase an additional 25’ lot but rather than build four small sized houses, they were able to come up with a configuration to create a conforming lot and a non - conforming lot that were less restrictive than the four 25’ lots; in 2011 he constructed a dwelling that fronts on Sixth Street, and what he constructed on that lot represents one-half of what he is proposing to construct on the lot fronting on Tennessee Street; the other half of the unit would mirror it and connect the two garages side by side so the common wall would be a garage wall; in addition, the exhibit provided with the application shows the locations of existing houses that front on Tennessee and Sixth Streets; what they are requesting is to utilize the “infill” development to keep the proposed dwelling units close to Tennessee Street to be in line with the adjoining buildings; the house constructed on Sixth Street pretty much represents the type of construction that he is proposing on Tennessee Street; and ITEM 3 SPECIAL EXCEPTION PERMIT APPROVED TO ALLOW A TWO FAMILY DWELLING ON THE PROPERTY LOCATED AT 802 TENNESSEE STREET (T/M 159-8-1) 7 WHEREAS, Vice Mayor Givens questioned if there would be a firewall between the garages; and WHEREAS, Mr. Poff stated that there will be a firewall that will meet the requirements of the current building code; and WHEREAS, it was noted that the building will be a combination of brick and vinyl construction; and WHEREAS, no other person(s) appeared related to said request; ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, the request of 17th Century Builders, LLC, property owner, for the issuance of a Special Exception Permit to allow a two family dwelling on the property located at 802 Tennessee Street (Tax Map #159-8-1) 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 – absent. Vice Mayor Givens reported that this date and time had been set to hold a public hearing to consider the request of Briar Oak Investments, IV, LP, property owner, and Kick The Can, LLC, lessee, for the issuance of an Use Not Provided For Permit to allow a brewery/restaurant/retail sales business on the properties located at 739 & 751 Kesler Mill Road (Tax Map #’s 34-1-1 and 29-1- 2); notice of such hearing was published in the April 3 and 10, 2013, issues of The Roanoke Times, a newspaper having general circulation in the City of Salem; and WHEREAS, the Planning Commission at its regular meeting held April 10, 2013, continued the item until its next meeting on May 15, 2013; therefore it is recommended that Council continue the item until its May 28, 2013, meeting; ON A MOTION MADE BY COUNCILMAN JONES, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, the request of Briar Oak Investments, IV, LP, property owner, and Kick The Can, LLC, lessee, for the issuance of an Use Not Provided For Permit to allow a brewery/restaurant/retail sales business on the properties located at 739 & 751 Kesler Mill Road (Tax Map #’s 34-1-1 and 29-1-2) was hereby continued until the May 28, 2013, Council meeting – the roll call vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W. Johnson – aye, John C. Givens – aye, and Byron Randolph Foley – absent. ITEM 4 CONTINUED UNTIL MAY 28, 2013, MEETING 8 Vice Mayor Givens requested that Council appropriate a donation of $25,000 from Roanoke College; and WHEREAS, Councilman Jones, Vice Chair of Council’s Audit Finance Committee, reported that Roanoke College made a $25,000 donation to the City of Salem; the funds are to be used for the benefit of Roanoke College students, as well as the citizens of Salem; the money is proposed to be divided between the Parks & Recreation Department and the Fire/EMS Department; the Parks & Recreation Department will use their portion of the donation to purchase a gator for Moyer Sports Complex and to purchase some other smaller equipment; the Fire/EMS Department will use their portion of the donation as a matching grant to purchase compression units, CPR equipment; the Committee recommends appropriating $12,500 to the Parks & Recreation Department; and $12,500 to the Fire/EMS department; and WHEREAS, the Interim Director of Finance stated that each time a new grant or donation is received, it will be presented to Council at the time the funds are ready to be appropriated so that the appropriation can actually be posted in the department’s budgets, and the department will be operating within funds that have already been appropriated to the department; ON A MOTION MADE BY COUNCILMAN JONES, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, the donation of $25,000 from Roanoke College was hereby divided between the Parks & Recreation and the Fire/EMS Departments; the Parks & Recreation Department will use $12,500 to purchase a gator and other smaller equipment, and the Fire/EMS will use $12,500 as a matching grant to purchase compression units and CPR equipment – the roll call vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W. Johnson – aye, John C. Givens – aye, and Byron Randolph Foley – absent. Vice Mayor Given requested that Council consider appointments to fill vacancies on various boards and commissions; ON A MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, Melinda Payne was hereby reappointed as a non-elected representative of the City of Salem on the Roanoke Valley Alleghany Regional Commission for a three-year term, said term will expire June 30, 2016 – the roll call vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W. Johnson – aye, John C. Givens – aye, and Byron Randolph Foley – absent. ITEM 5 APPROPRIATION OF FUNDS FROM ROANOKE COLLEGE ITEM 6 MELINDA PAYNE REAPPOINTED TO RVARC 9 There being no further business to come before the Council, the same on motion adjourned at 8:05 p.m.