HomeMy WebLinkAbout12/14/2009 - City Council - Minutes - RegularUNAPPROVED MINUTES
CITY COUNCIL WORK SESSION
December 14, 2009
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 December
14, 2009, at 6:30 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, II, Assistant City Manager and Clerk of Council; Frank P. Turk, Director of Finance;
and Mary Ellen Wines, Secretary to the City Manager, 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;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN
JOHNSON, AND DULY CARRIED, in accordance with Section 2.2-3711 A. of the Code of Virginia,
1950 as amended to date, Council convened to Closed Session at 6:30 p.m. for the purpose of
discussing the following specific matter:
1. Discussion of a personnel matter, which is authorized by Section 2.2-3711 A. 1.
of the Code of Virginia, 1950 as amended to date; and
-- the roll call vote: all - aye.
Upon reconvening at 7:05 p.m.;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN FOLEY, AND
DULY CARRIED, in accordance with Section 2.2-3712 D. of the Code of Virginia, 1950 as
amended to date, Council hereby certifies that in Closed Session only items lawfully exempted
from open meeting requirements under the Virginia Freedom of Information Act and only such
items identified in the motion by which the Closed Session was convened were heard,
discussed, or considered by the Council -- the roll call vote: all - aye.
WHEREAS, a discussion was held regarding water rates; and
WHEREAS, a discussion was held regarding a time limit for speakers to speak at an
upcoming public hearing; and
WHEREAS, a discussion was held regarding a location for Engineering; and
WHEREAS, there no other topics were discussed.
There being no further business to come before the Council, the work session was
adjourned at 7:21 p.m.
Mayor
Clerk of Council
UNAPPROVED MINUTES
COUNCIL MEETING
December 14, 2009
A regular meeting of the Council of the City of Salem, Virginia, was held in
the Council Chambers, City Hall, 114 North Broad Street, on December 14, 2009,
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, II, Assistant City Manager and Clerk
of Council; Frank P. Turk, Director of Finance; Melinda J. Payne, Director of
Planning and Economic Development; Charles E. Van Allman, City Engineer; Mike
Stevens, Communications Director; and Stephen M. Yost, City Attorney; and the
following business was transacted:
Councilwoman Johnson stated that she recently attended the Virginia
High School League State Theatre Festival in Charlottesville, Virginia, and
congratulated the Salem High School group for making it to the State
Championship and commended them on a job well done.
Vice Mayor Givens commended Mike Stevens and the Communications
Department for a job well done on the most recent Salem magazine recently
published.
The November 11, 2009, joint work session with Planning Commission
minutes and the November 23, 2009, work session and regular meeting minutes
were approved as written.
The report by the Director of Finance of the City’s financial status for a
four-month period ending October 31, 2009, was received and ordered filed.
Mayor Foley requested that Council consider an ordinance on second
reading rezoning the property of Brugh Team Real Estate Ventures LLC, property
owner, located at 214 Union Street (Tax Map #122-7-9) from RSF Residential
Single Family District to RB Residential Business District; also included in the
request are the following properties: Steven Bahr, 102 -104 Union Street (Tax
Map #122-7-1); City of Salem, 110 Union Street (Tax Map #122-7-6); City of
Salem, 200 block Union Street (Tax Map #122-7-7); and Kimberly Lynn Duncan,
208 Union Street (Tax Map #122-7-8); and
WHEREAS, it was noted that Council passed the ordinance on first
reading at its November 23, 2009, meeting;
ITEM 1
ORDINANCE
ADOPTED
REZONING THE
PROPERTIES
LOCATED AT 214
UNION STREET
(T/M 122-7-9), 102-
104 UNION STREET
(T/M 122-7-1), 110
UNION STREET
(T/M 122-7-6), 200
BLOCK UNION
STREET (T/M 122-7-
7), AND 208 UNION
STREET (T/M 122-7-
8) FROM RSF TO RB
2
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, an ordinance rezoning the property
of Brugh Team Real Estate Ventures LLC, property owner, for rezoning the
property located at 214 Union Street (Tax Map #122 -7-9) from RSF Residential
Single Family District to RB Residential Business District; also included in the
request are the following properties: Steven Bahr, 102 -104 Union Street (Tax
Map #122-7-1); City of Salem, 110 Union Street (Tax Map #122-7-6); City of
Salem, 200 block Union Street (Tax Map #122-7-7); and Kimberly Lynn Duncan,
208 Union Street (Tax Map #122-7-8) was hereby adopted:
(HERE SET OUT ORDINANCE)
-- 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 reported that this date and time had been set to hold a
public hearing to consider the request of William Chad Mann, property owner,
and D.C. Properties and Leasing, contract purchaser, for the issuance of a Special
Exception Permit to allow a medical office/clinic on the property located at 1524
Apperson Drive (Tax Map #249-3-2); and
WHEREAS, it was noted that the public hearing was continued from the
November 23, 2009, Council meeting; and
WHEREAS, the Director of Planning and Economic Development stated
that the petitioner has requested the item be continued;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILWOMAN GARST, AND DULY CARRIED, the request for a Special
Exception Permit to allow a medical office on the property located at 1524
Apperson Drive (Tax Map #249-3-2) was hereby continued until the January 11,
2010, 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 – aye.
WHEREAS, the Director of Planning and Economic Development stated
that she was advised that the property owner wanted the request continued, but
the contract purchaser is present at the meeting and would like for the item to
be heard;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILWOMAN GARST, AND DULY CARRIED, Vice Mayor Givens withdrew his
ITEM 2
SPECIAL
EXCEPTION
PERMIT
APPROVED TO
ALLOW A MEDICAL
OFFICE/CLINIC ON
THE PROPERTY
LOCATED AT 1524
APPERSON DRIVE
(T/M 249-3-2)
3
motion for the item to be continued until the January 11, 2010, 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 – aye.
WHEREAS, it was further noted that the Planning Commission at its
regular meeting held on November 11, 2009, recommended approval of the
request; and
WHEREAS, staff noted the following: the subject property consists of one
parcel on the south side of Apperson Drive, east of the intersection with Electric
Road; the property is approximately .4 acres and is occupied by an approximate
1,300-square-foot former residence that has been converted to office space; it is
currently zoned HBD; this request is for a Special Exception Permit to allow an
otolaryngology medical office; the applicant states the practice specializes in
“ear, nose, and throat” care and head & neck surgery medicine; and this
property lies mostly within the 500-year flood zone; and
WHEREAS, Dr. David Crouse of 6676 Mallard Lake Court, Roanoke,
contract purchaser, appeared before the Council in support of said request; he
noted he would like to use this vacant building for a ear, nose, and throat
medical/clinic; and he further noted that he plans to make some renovations to
the interior and exterior of the building; and
WHEREAS, Councilwoman Garst questioned if Dr. Crouse was relocating
his business from somewhere else; and
WHEREAS, Dr. Crouse stated that he was previously at Lewis-Gale Clinic;
and
WHEREAS, Mayor Foley questioned if Dr. Crouse would be the sole
practitioner; and
WHEREAS, Dr. Crouse stated that he would be the sole practitioner; and
WHEREAS, a discussion was held regarding landscaping and possible
future expansion plans for the property; and
WHEREAS, no other person(s) appeared related to the request;
ON MOTION MADE BY COUNCILWOMAN GARST, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, the request of William Chad
Mann, property owner, and D.C. Properties and Leasing, contract purchaser, for
4
the issuance of a Special Exception Permit to allow a medical office/clinic on the
property located at 1524 Apperson Drive (Tax Map #249 -3-2) 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 – aye.
Mayor Foley requested that Council consider appointments to fill the
expiring terms of C. Wayne Atkins and Cindy Neathawk on the Salem School
Board; and
WHEREAS, it was noted that a public hearing was held on November 23,
2009, and special meetings of Council were held on December 7 and 8, 2009, in
Council Chambers Conference Room to interview the nine (9) applicants for the
Salem School Board; and
WHEREAS, Mayor Foley stated that the nine candidates were very
qualified to serve on the School Board; he stated that it was a very difficult
decision; he further stated that he would like for the candidates not appointed
to apply in the future for not only the school board, but for other committees
and commissions also;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILMAN JOHNSON, AND DULY CARRIED, Cindy Neathawk was hereby
reappointed to the Salem School Board for a three -year term, said term will
expire December 31, 2012 -- 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.
ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, Michael C. Chiglinsky was hereby
appointed to the Salem School Board for a three-year term, said term will expire
December 31, 2012 -- 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 regarding the
Comprehensive Financial Report for fiscal year ending June 30, 2009; and
WHEREAS, the Director of Finance appeared before the Council and
introduced Chris Banta with Brown Edwards and Company, the auditing firm
overseeing the City’s annual audit; he stated that according to state law, the
ITEM 3
CINDY NEATHAWK
REAPPOINTED
AND MICHAEL
CHIGLINSKY
APPOINTED TO
SALEM SCHOOL
BOARD
ITEM 4
PUBLIC HEARING
HELD REGARDING
ESPIRATION OF
TWO TERMS ON
SALEM SCHOOL
BOARD
5
Comprehensive Financial Report for fiscal year ending June 30, 2009, must be
presented to Council at the earliest opportunity; he stated that he realized that
Council has not had an opportunity to review the report; he stated that the
Annual Financial Report for the City of Salem School Division also is available for
Council to review, which was presented to the School Board at its regular
meeting held last week; he encouraged Council to review the report and
outlined a few sections in the report; and
WHEREAS, Chris Banta, Senior Associate with Brown Edwards and
Company, appeared before the Council and stated that he managed the day-to-
day activities associated with the City’s audit from the middle of April through
the end of November; he stated the City should be proud of the fact that not
only did the City receive an unqualified opinion, which is the highest level of
assurance an auditor can give an auditee, that the Finance Department prepared
all of the reports associated with the audit which is not a common practice; and
WHEREAS, Council commended the Director of Finance and his staff for
their hard work;
ON A MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, the Comprehensive Annual Financial
Report for fiscal year ending June 30, 2009, was hereby received and accepted --
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 adopting Resolution 1147
regarding Council’s concerns of specific items that may come before the 2010
session of the Virginia General Assembly; and
WHEREAS, the City Manager stated that Resolution 1147 outlines the six
items Council has detailed to be forwarded to our elected officials in the state
government; he stated that the first three items on the list are essentially new
items for this year;
ON MOTION MADE BY COUNCILWOMAN GARST, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, Resolution 1147 was hereby
adopted regarding Council’s concerns of specific items that may come before the
2010 session of the Virginia General Assembly -- 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.
ITEM 5
RESOLUTION 1147
ADOPTED
REGARDING
COUNCIL’S
CONCERNS OF
SPECIFIC ITEMS
THAT MAY COME
BEFORE THE 2010
SESSION OF THE
VIRGINIA GENERAL
ASSEMBLY
6
Councilman Jones welcomed Steve Yost back after his illness.
Council again thanked the School Board applicants.
It was noted that Council will hold a work session with its legislators at
the conclusion of the meeting.
There being no further business to come before the Council, the same on
motion adjourned at 8:00 p.m.
UNAPPROVED MINUTES
CITY COUNCIL WORK SESSION
December 14, 2009
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 December
14, 2009, at 8:10 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, II, Assistant City Manager and Clerk of Council; and Frank P. Turk, Director of
Finance; 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, a discussion was held with Senator Ralph Smith and Delegate Morgan Griffith
regarding Council’s concerns of specific items that may come before the 2010 session of the
Virginia General Assembly; and
WHEREAS, there no other topics were discussed.
There being no further business to come before the Council, the work session was
adjourned at 9:15 p.m.
Mayor
Clerk of Council