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HomeMy WebLinkAbout11/23/2009 - City Council - Minutes - RegularUNAPPROVED MINUTES CITY COUNCIL WORK SESSION November 23, 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 November 23, 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; 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, Mayor Foley discussed City Manager and Assistant City Manager evaluations; and WHEREAS, a discussion was held regarding the 2010 Legislative packet ; and WHEREAS, a discussion was held regarding interviews for School Board vacancy; and WHEREAS, there no other topics were discussed. There being no further business to come before the Council, the work session was adjourned at 7:20 p.m. Mayor Clerk of Council UNAPPROVED MINUTES COUNCIL MEETING November 23, 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 November 23, 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 William C. Maxwell, Assistant City Attorney; and the following business was transacted: It was noted that members of Boy Scout Troop 51 from United Methodist Church were present at this meeting. The October 14, 2009, minutes of the joint work session with Planning Commission and the October 26, 2009, regular meeting minutes were approved as written. The report by the City Manager of the City’s activities for October 2009 was received and ordered filed. The report by the Director of Finance of the City’s financial status for a three-month period ending September 30, 2009, was received and ordered filed. Mayor Foley reported that this date had been set to hold a public hearing to consider the request of H-H of VA, LLC, property owner, and CommUNITY Church, lessee, for rezoning the property located at 901 Russell Drive (Tax Map #15-1-1) from BCD Business Commerce District to RSF Residential Single Family District; and WHEREAS, it was noted that the petitioner requested that the item be continued to the December 16, 2009, Planning Commission meetin g. Mayor Foley reported that this date and time had been set to hold a public hearing to consider the request 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, ITEM 2 ORDINANCE PASSED 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 ITEM 1 ITEM CONTINUED TO DECEMBER 16, 2009, PLANNING COMMISSION MEETING 2 102-104 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); notice was published in the November 5 and 12, 2009, 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 November 11, 2009, recommended approval of said request; and WHEREAS, staff noted the following: the subject property consists of five parcels on the east side of Union Street, south of Calhoun Street; the properties are mostly former residential lots and vary in width from 66 to 122 feet, and in depth from 110 to 164 feet; several of the lots are occupied by former residences that have been converted to commercial and civic uses; others remain residential, and all are zoned for residential; this request is to rezone these properties to allow a homestay inn at 214 Union Street and generally to allow for future commercial development; in October 2009, City Council voted to change the definition of homestay inn to allow an “owner’s agent” to reside on the property in lieu of the actual owner; prior to this change, a bed and breakfast had to be operated out of the owner’s home; this is the first request under the new definition; in order to improve on future land use throughout Salem, the city requested the applicants seek support from their neighbors to the north to include their properties in the request; if approved, these five properties will become Residential Business District providing a higher land use next to our Downtown Business District; in accordance with Section 106-400 of the zoning ordinance, the applicants will be required to submit a site plan to the city for review prior to any construction occurring on the site; the applicants also may be required to install storm water management on the site; this is a dual-frontage lot, and the applicants state access to a new parking area will be from Chapman Street at the rear of the property; and WHEREAS, the Director of Planning stated that the amendment to the zoning ordinance request by Brugh Team Real Estate Ventures, LLC, consists of five parcels on the east side of Union Street south of Calhoun Street; she stated that the properties are mostly former residential lots that have been converted to commercial and civic uses; she further stated that the request to rezone these properties is to allow a homestay inn at 214 Union Street; during the Planning Commission meeting, questions were raised about whether the rezoning should go to Residential Business versus Residential Multi-Family; she further stated that Residential Multi-Family is an option that would still allow a homestay inn; however, the petitioner would have to request a Special Exception Permit in order for that to happen; she stated that it has been determined by staff that RB 3 Residential Business District zoning is most consistent with the uses found in the area; and WHEREAS, Bob Brugh of 628 Chamberlain Lane, Salem, property owner of 214 Union Street, appeared before the Council in support of the request; he noted that he and his wife would like to open a bed and breakfast at this location similar to the one they currently operate on Lynchburg Turnpike; he stated that there is a demand for a bed and breakfast type business in the area; h e stated that some issues were addressed at the public hearing held October 26, 2009, regarding the amendment to the City Code pertaining to homestay inns; he stated that he is available to answer any questions; and WHEREAS, Anne Marie Green, 103 Union Street, appeared before the Council; she stated that she has some mixed feelings regarding the proposed development; she stated that while the improvements to the property are attractive, she does have concerns regarding the rezoning request; she stated that several years ago the residence across the street from her residence was up for rezoning, which she opposed, and was rezoned to Residential Multi-Family; she stated that the owner came back before Council and requested the property be rezoned to Residential Business District and both the Planning Commission and City Council denied the request at that time; she stated that Residential Business zoning is wrong for the neighborhood because the neighborhood is impacted by the businesses currently located in the area: the vacant lot that exposes the neighborhood to the traffic on Main Street; the convenience store located behind her residence that seems to generate a lot of trash on and around the property; the accountant’s office across the street from her residence has lighting that shines directly into her home until around midnight every night, has a lot of clients year round and causes parking issues along the street; the Senior Citizens Center existed when she moved into her residence and she does not have an issue with that property; she further stated that Old Salem Furniture has been going out of business now for about three months, which has also impacted the parking; she stated that the Director of Planning stated that the uses in the area are turning into business, but it is not; she stated there is an accounting office and a senior citizens center, but the rest of the block is residential all the way to Fourth Street; she stated that her other concern is the Residential Business District allows some disturbing businesses by- right; she went on to discuss the different types of businesses allowed in Residential Business District (i.e. financial institution, general office, antique store, personal services, Laundromat, etc.); she stated that she does not believe that Residential Business District zoning is appropriate for the neighborhood; she stated that she does not oppose the business being proposed for the property, she opposes what RB zoning allows by-right and the parking issues that would be 4 created; and WHEREAS, Dave Robbins, 620 High Street, appeared before the Council and stated that he is concerned about the proposed rezoning; he questioned how the area was to be used according to the City’s Comprehensive Plan; and WHEREAS, the Director of Planning stated that the current Comprehensive Plan showed a residential use for the area, but an update to the Comprehensive Plan is currently in the process; and WHEREAS, Mr. Robbins stated that he is concerned with the by -right uses available in Residential Business District; he stated that he is not opposed to the bed and breakfast the Brugh’s have planned for their property, but he would like for the zoning to be Residential Multi-Family District; he requested that Council take a “step back” and rezone the property to RMF and issue a Special Exception Permit to allow a bed and breakfast on the property; he stated that if the property is rezoned to Residential Business District, then a precedence will be set and the neighborhood will eventually become all businesses; he further stated that the residents who have put a lot of money into the old Victorian-style homes in the neighborhood need for Council to protect their property; and WHEREAS, Jack Susser, 115 Union Street, appeared before the Council; he stated that he supports the proposed bed and breakfast, but he would like for the property to be Residential Multi-Family District with a Special Exception Permit to allow a bed and breakfast on the property; he read aloud the statement of intent under Residential Multi-Family District in the City Code; he stated that the development standards in the RMF district allow a diversity of economic range and types of residential properties that would no longer be available if the properties were taken away; he stated that as a retired realtor he feels that the best use of this property is for it to be zoned RMF and keep it residential based instead of business based; he further stated that the area is not pedestrian friendly and questioned if the City would place sidewalks along Calhoun Street, etc.; he stated that he feels that Council should continue the zoning that was started with Steven Bahr and create a Residential Multi-Family District for the lots thereby keeping the diversity of house and keeping the community as a residential district; he further stated that Union Street is a historic district and there are irreplaceable homes on Union Street and the area needs to stay a residential community; he asked that Council rezone the properties to RMF and grant a Special Exception Permit to allow a homestay inn; and 5 WHEREAS, Mr. Brugh reappeared before the Council and stated that he understands the concerns that have been expressed; he stated that he is an active realtor with a specialty in residential real estate; he further stated that Mr. Susser was correct in his statement that if the property is zoned RMF the highest and best use of the land will be multi-family housing; he stated that the last thing a residential area wants is an apartment housing unit ne xt door to your home; Union Street already has numerous apartment units further down the street; he stated that the home was originally bought to refurbish and sell, but after seeing the layout of the residence and the location to downtown, it was decided to turn the property into a bed and breakfast; he further stated that there is no cohesive “flavor” to Union Street—there are large Victorian homes, small homes, apartment complexes and businesses located on Union Street; he stated that if the properties were rezoned RMF and the other property owners decided to sell their property, more than likely the properties would be turned into multi-family housing units which would not be desirable next to a bed and breakfast ; and WHEREAS, Charles Hutsell, 220 Union Street, appeared before the Council and stated that he supports the rezoning request; he stated that 50 percent of the land use and properties requesting to be rezoned already exist as private and government offices; he stated that the establishment of a bed and breakfast at 214 Union Street would enhance the esthetical value and character of the block; he stated that residents are concerned about possible future development on the vacant parcel owned by the City if the parcel were rezoned to RB; he read aloud the statement of intent in Section 106-208.1 of the Salem City Code; he stated that if the lot were to be developed, then it could possibly be developed into additional parking for the Senior Citizens Center, which is needed to alleviate the parking congestion on Chapman Street; he encouraged Council to approve the rezoning of the properties, which will lead to improvements in both esthetics and character of the street, and will allow for the opportunity to increase businesses, land use, and revenue to the city; and WHEREAS, Frank Staley Hester, Jr., 912 Douglas Court, appeared before the Council and stated that he is the owner of 203 and 209 Union Street, which are real estate with improvements; he also owns a double vacant lot next to 209 Union Street and also owns two apartment buildings in the 1300 block of Union Street, along with various other real estate in Salem; he stated that he lived the majority of his life in the Union Street area; he stated that Mr. Brugh gave him a courtesy call regarding the plans to open a bed and breakfast on Union Street; he stated that he told Mr. Brugh that he did not have an opinion at that time, but he feels that the bed and breakfast would add to the neighborhood; he further stated that he has not heard anyone speak against the bed and breakfast per say and he is not opposed it; however, at the Planning Commission meeting 6 it became apparent that the idea of a bed and breakfast mushroomed into a rezoning for over one block of residential property in the City of Salem; he stated that it is his understanding that residential business zoning allows by -right whereas other zoning would require a special exception permit in order to operate a business in this historical, residential area; therefore, he is currently opposed to the rezoning request as presented; he further stated that it is his understanding that a bed and breakfast could operate under a multi-family zoning with exceptions and Council’s approval; he stated that it is also his understanding that this procedure has been done in the past and can be done now; and WHEREAS, Phyllis Brugh, 628 Chamberlain Lane, appeared before the Council and stated that she understands the residents’ concerns and she appreciates that the residents feel that she and her husban d will operate a nice bed and breakfast; she stated that the Planning Commission believes that the property needs to be residential business because the Commission does not do “spot zoning” and it believes that it is the highest and best use of the propert y; she stated that she believes that the Planning Commission knows what it’s talking about and asked that Council consider the request and go along with the Planning Commission’s decision; she further stated that she doesn’t believe that anyone has any intention of putting in Laundromats nor would Council allow that to happen; she loves old neighborhoods and thanked Council for their consideration; and WHEREAS, no other person(s) appeared related to the request; and WHEREAS, Councilman Jones stated that he has heard everything that has been said tonight and that there has been a lot of talk and discussion of multi-family zoning versus business district; he stated that over the years there has been a lot of spot zoning done throughout the City that has created a lot of issues; he further stated that Council is trying to be more consistent with what Council has in mind for the future; he stated that he feels that it is Council’s job to look toward the future and determine the best use for the city in the future; he stated that it is a hard decision, but Council wants to be consistent and look toward the future with what land is left in Salem; and WHEREAS, Councilwoman Garst stated that she appreciates everyone speaking to Council; she stated that change is not easy and it is difficult to hear a resident say that they feel as though their neighborhood is being destroyed, but at the same time Council has to consider ways to keep Salem viable and protect what is right for the downtown area; she further stated that Council has done its homework—they have ridden by your homes, drove through the alleys and 7 appreciate the time taken to come to the Council meeting; and WHEREAS, Vice Mayor Givens stated that this is a difficult decision and Council is required to try to make the best decision for the majority of Salem; he stated that he understands both sides that have been presented at the meeting; he further stated that he is not in favor of spot zoning which has been done in the past and he feels as though this is a way to look to the future and get away from spot zoning; and WHEREAS, Councilwoman Johnson stated that she has learned much more since she was a part of the update of the City’s Comprehensive Plan when she was first a member of the Planning Commission; sh e has learned enough to know and recognize that the Comprehensive Plan needs to be worked on, it is a dynamic document that is constantly changing as the needs of the City changes; she stated that Council is currently working with the Planning Commission o n a vision for the City and she feels as though Council and the Planning Commission are “on the same page” and want the City to stay viable; she further stated that she is also opposed to spot zoning and wants Council to have a better handle on what it wants for the future; she stated that she agrees with what has been said thus far and she thanked the residents for coming out to the meeting this evening; she stated that it is important for residents to know that they are being heard and every comment is taken into consideration when decisions are made; and WHEREAS, Mayor Foley stated that Council is trying to avoid spot zoning, which is having one parcel that is zoned one way with surrounding parcels being zoned something else; he stated that Council belie ves that instead of rezoning an individual piece of property in the middle of a block or at the end of a block, it should look at not only the parcel, but surrounding parcels and try to rezone several parcels at one time instead of one parcel at a time; he also stated that there would be a public hearing held before any of the properties currently owned by the City could be sold; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, an ordinance entitled “AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 106, ARTICLE II DISTRICT REGULATIONS, SECTION 106-310.9(A)(1); AND ARTICLE VI DEFINITIONS AND USE TYPES, SECTION 106-602.9 OF THE CODE OF THE CITY OF SALEM, VIRGINIA, PERTAINING TO HOMESTAY INN” was hereby passed on first reading -- 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. 8 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); notice of such public hearing was published in the November 5 and 12, 2009, issues of The Roanoke Times, a newspaper having general circulation in the City of Salem; and WHEREAS, it was noted that the petitioner requested that the item be continued until the December 14, 2009, meeting of Salem City Council; ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY VICE MAYOR GIVENS, AND DULY CARRIED, 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) was hereby continued until the December 14, 2009, 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 – aye. Mayor Foley requested that Council consider awarding contract for the 2009-2010 paving program; and WHEREAS, Vice Mayor Givens, Chairman of Council’s Audit-Finance Committee, reported that the Committee reviewed the bids that were received for milling and paving of streets for the 2009 -2010 fiscal year; the three bids submitted were reviewed by the Engineering and Finance Departments and determined that all bids were consistent with plans and specifications; the 2009- 2010 budget contains sufficient funds for the Annual Paving Program; the Committee concurs with the recommendation that the low bid of S. R. Draper Paving Company in the amount of $448,897.50 be accepted; and WHEREAS, Councilwoman Garst questioned if the bids received were lower than expected; and WHEREAS, the Assistant City Engineer stated that the bids were lower than in previous years; and WHEREAS, Mayor Foley questioned if the City is required to award the contract to the lowest bidder; and ITEM 3 SPECIAL EXCEPTION PERMIT CONTINUED TO DECEMBER 14, 2009, MEETING ITEM 4 CONTRACT AWARDED TO S. R. DRAPER PAVING COMPANY FOR THE 2009-2010 ANNUAL STREET PAVING PROGRAM 9 WHEREAS, the City Manager stated that the City is required to accept the lowest bidder; and WHEREAS, Vice Mayor Givens questioned if S. R. Draper Paving Company was not able to fulfill the bid requirements, then the contract could be awarded to a different bidder; and WHEREAS, the City Manager stated that it is his understanding that once a contract has been awarded, the services would have to be put out to bid again in order to award the contract to a different bidder; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, the contract for the 2009-2010 Annual Street Paving Program was hereby awarded to S. R. Draper Paving Company in the amount of $448,897.50 -- 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 had been set to hold a public hearing and receive views of citizens and candidates regarding the appointment to fill the expiring terms of C. Wayne Adkins and Cindy Neathawk on the Salem School Board; notice of such hearing was published in the November 11 and 18, 2009, issues of The Roanoke Times, a newspaper having general circulation in the City of Salem; and WHEREAS, Mayor Foley stated that the applicants will be called up to speak, in no particular order, and that after the meeting he would like for the applicants to schedule a time to be interviewed individually by Council; and WHEREAS, the City Manager stated that the proposed dates for interviews are on Monday, December 7, 2009, beginning at 4 p.m. and Tuesday, December 8, 2009, beginning at 4 p.m.; he stated that the interviews will be scheduled at 20-minute intervals with the interviews expecting to last approximately 15 minutes; he asked that the applicants present at the meeting see him at the conclusion of the meeting to schedule an interview; and WHEREAS, Cindy Neathawk, 3074 Bent Ridge Lane, appeared before the Council to express her qualifications to be reappointed to the Salem School Board; and ITEM 5 PUBLIC HEARING HELD REGARDING EXPIRING OF TWO TERMS ON SALEM SCHOOL BOARD 10 WHEREAS, Michael Chiglinsky, 2722 Titleist Drive, appeared before the Council to express his qualifications to be appointed to the Salem School Board; and WHEREAS, Michelle Darby, 1913 Millstream Drive, appeared before the Council to express her qualifications to be appointed to the Salem School Board; and WHEREAS, David Wells, 177 Forest Circle, appeared before the Council to express his qualifications to be appointed to the Salem School Board; and WHEREAS, Steve Bowery, 2437 Keagy Road, appeared before the Council to express his qualifications to be appointed to the Salem School Board; and WHEREAS, Nancy Bradley, 700 Beach Road, appeared before the Council to express her qualifications to be appointed to the Salem School Board; and WHEREAS, Artice Ledbetter, 1906 Millstream Drive, appeared before the Council to express her qualifications to be appointed to the Salem School Board; and WHEREAS, no other person(s) appeared before the Council; and WHEREAS, it was noted that Matthew Fleenor and Jim Guynn, also candidates for the school board, were not present at the meeting; and WHEREAS, Mayor Foley expressed his gratitude to the citizens who have applied to be appointed to the Salem School Board; he stated that he is proud and thankful for the depth of qualified candidates wanting to be appointed to the Board; thanked each of the applicants; and WHEREAS, Vice Mayor Givens stated that it will be a difficult decision; THEREUPON, public hearing was held. Mayor Foley requested that Council receive a presentation from Melvin and Becky Crowder, Co-Chairs, regarding the 2009 Salem Relay for Life; and WHEREAS, Melvin Crowder appeared before the Council and introduced his wife Becky; he also introduced Kay Board and Chuck Patrick, who are the co- chairs for the 2010 Salem Relay for Life; he stated that he and Becky have ITEM 6 PRESENTATION FROM MELVIN AND BECKY CROWDER, CO- CHAIRS, 2009 SALEM RELAY FOR LIFE 11 enjoyed their time as co-chairs of the Salem Relay event and he has participated in the Relay for Life event since 1994; he stated that the City of Salem and the City of Salem Schools have received an award of excellence for collaboration; he stated that every branch of the City is involved in the Salem Relay for Life; he further stated that Salem is the envy of the region because of the support it gives the Salem Relay event; he stated that Dr. Seibert was a honorary co-chair of the event this year; he stated that without the support of the City of Salem, the Salem Relay for Life event could not exist as it does today; he stated that the Salem Relay for Life event has raised $1,186,052 over the past nine years, which places the Salem Relay near the top of monies raised per capita; he stated that Salem’s involvement shows its commitment to cancer survivors in the community and a goal to eliminate this disease; he stated that he is honored and most grateful to Salem City Council and everyone connected with the City of Salem for their support; and WHEREAS, Mr. Crowder presented an award of Excellence for Corporate Support for 2009 to the City of Salem and the City of Salem Schools; and WHEREAS, Mr. Crowder stated that the 2009 Salem Relay raised $216,000; and WHEREAS, Becky Crowder stated that there is another award on the way for the City; and WHEREAS, Mr. Crowder thanked Council and the City of Salem for its support; and WHEREAS, Kay Board appeared before Council to thank Council and the City for its past support and she looks forward to working with everyone for this cause; she stated that she and Chuck are awed by the responsibility and are enthusiastic about the challenge they have ahead of them; she stated that there are already 13 teams registered for the event next year and approximately $15,000 has been raised already; she stated that she looks forward to coming before Council with a big award that is on its way; and WHEREAS, the City Manager stated that Krystal Council, Deputy Clerk of Council, has been instrumental in making the Salem Relay event a success on the City side; he thanked her for her efforts and hard work; THEREUPON, presentation was received. 12 Mayor Foley requested that Council consider a request from the Salem Band Boosters for a donation ($3,571.15) equal to the admissions tax paid in connection with the Drum Corps International Summer Music Games held July 27, 2009; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, a donation to the Salem Band Boosters in the amount of $3,571.15 equal to the amount of admissions tax paid in connection with the Drum Corps International Summer Music Games held July 27, 2009, 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 renewing the Salem Golf Course lease for 2010; ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, the lease for the Salem Golf Course for 2010 was hereby renewed -- 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 an ordinance on second reading amending Chapter 106, Article II District Regulations, Section 106- 310.9(A)(1) and Article VI Definitions and Use Types, Section 106-602.9 of The Code of the City of Salem, Virginia, pertaining to homestay inns; and WHEREAS, it was noted that Council passed the ordinance on first reading at its October 26, 2009, meeting; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, an ordinance amending Chapter 106, Article II District Regulations, Section 106-310.9(A)(1) and Article VI Definitions and Use Types, Section 106-602.9 of The Code of the City of Salem, Virginia, pertaining to homestay inns 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. ITEM 9 ORDINANCE ADOPTED AMENDING CHAPTER 106, ARTICLE II DISTRICT REGULATIONS, SECTION 106- 310.9(A)(1) AND ARTICLE VI DEFINITIONS AND USE TYPES, SECTION 106-602.9 OF THE CODE OF THE CITY OF SALEM, VA, PERTAINING TO HOMESTAY INNS ITEM 8 GOLF COURSE LEASE RENEWED FOR 2010 ITEM 7 DONATION APPROVED FOR SALEM BAND BOOSTERS IN THE AMOUNT OF $3,571.15 EQUAL TO THE ADMISSIONS TAX PAID IN CONNECTION WITH THE DRUM CORPS INTERNATIONAL SUMMER MUSIC GAMES HELD JULY 27, 2009 13 Mayor Foley requested that Council receive the Abstract of Votes cast at the General Election held on November 3, 2009; (HERE SET OUT THE ABSTRACT OF VOTES) THEREUPON, Abstract of Votes were received. Mayor Foley requested that Council consider appointments to fill vacancies on various boards and commissions; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, Mike Green was herby appointed to the Community Policy and Management Team (CPMT) to replace Jeff Dudley, Mike Crawley was hereby appointed to the CPMT as an alternate; and Rosemary Saul was hereby appointed to the Salem Fine Arts Commission for a four -year term, said term will expire October 26, 2009 -- 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. There being no further business to come before the Council, the same on motion adjourned at 8:59 p.m. ITEM 11 MIKE GREEN APPOINTED TO CPMT, MIKE CRAWLEY APPOINTED TO CPMT AS ALTERNATE, AND ROSEMARY SAUL APPOINTED TO FINE ARTS COMMISSION ITEM 10 RECEIVED ABSTRACT OF VOTES CAST AT THE GENERAL ELECTION HELD NOVEMBER 3, 2009