HomeMy WebLinkAbout10/26/2009 - City Council - Minutes - RegularUNAPPROVED MINUTES
COUNCIL MEETING
October 26, 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 October 26, 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:
The October 12, 2009, work session minutes and regular meeting
minutes were approved as written.
The report by the City Manager of the City’s activities for September
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 recognized Mrs. Allman’s Culinary Class at Salem High
School; he stated that Mrs. Allman and her class provided lunch to the VIPs at
the 75th Anniversary Celebration at the VA Medical Center and did an excellent
job; he also commended the Salem Parks and Recreation Department for
providing the stage, etc. for the 75th Anniversary Celebration at the VA Medical
Center.
Mayor Foley reported that this date and time had been set to hold a
public hearing to authorize a deed of trust for the Salem Museum located at 801
East Main Street (Tax Map #108-1-1.1) and;
WHEREAS, the City Manager stated that the deed of trust is regarding the
Salem Museum and its efforts to obtain a bridge loan for the construction at the
museum; he stated that there is a reversion clause in the deed that states if the
Salem Museum ceases to exist, the property will revert back to the City of Salem;
that clause affects the museum’s ability to use the property as collateral for a
bridge loan for the construction; City Council authorizing the City Manager to
execute a deed of trust on the property will allow the bank to use the property
as collateral for the loan and the bank will have the right to foreclose on the
ITEM 1
CITY MANAGER
AUTHORIZED TO
EXECUTE A DEED
OF TRUST FOR THE
SALEM MUSEUM
LOCATED AT 801 E.
MAIN STREET (T/M
#108-1-1.1)
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property before the City is allowed to use the reversion clause to obtain the
property back; he further stated that while the agreement transfers some
interest the City has in the property, thus the need for a public hearing, there is
no cash value associated with the deed of trust, nor does it obligate the City to
pay for any part of the debt acquired by the Salem Museum; and
WHEREAS, Councilman Jones questioned if the deed of trust will have any
effect on the agreement made with the Fine Arts Commission regarding space or
money; and
WHEREAS, the City Manager stated that the trust agreement does not
affect the money the City has given to the Museum for the Fine Arts space; he
stated that the bridge loan will allow the project to continue to move forward;
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 City Manager was hereby
authorized to execute a deed of trust for the Salem Museum located at 801 East
Main Street (Tax Map #108-1-1.1) -- 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 Richard H. Fisher, M.D., property
owner, and Blue Ridge Osteopathic Manipulative Medicine PLC, lessee, for the
issuance of a Special Exception Permit to allow a medical office on the property
located at 103 East Main Street (Tax Map #106-10-1); notice of such public
hearing was published in the October 7 and 14, 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 October
14, 2009, recommended approval of said request; and
WHEREAS, staff noted the following: the subject property consists of one
parcel, located at northeast corner of Market Street and East Main Street; the
property is approximately 120 feet wide and 270 feet deep; it is occupied by a
building generally known as the “Old Post Office,” an approximately 4,984
square foot general office building; this request is for a Special Exception Permit
to allow a medical office specializing in osteopathic manipulative medicine, “a
ITEM 2
SPECIAL
EXCEPTION
PERMIT
APPROVED TO
ALLOW A MEDICAL
OFFICE ON THE
PROPERTY
LOCATED AT 103 E.
MAIN STREET (TAX
MAP #106-10-1)
3
hands-on-treatment for musculoskeletal problems such as back pain, sciatica,
and athletic injuries;” the applicant states the practice will be open part time, by
appointment and will involve few, if any, additional employees; the applicant
states she will not be prescribing narcotic medications, except in an emergency
situation, but has not proffered this condition; and she also states there will be
no laboratory or “X-Ray” equipment located at the facility; and
WHEREAS, Dr. Sarah Steele-Killeen, physician and owner of Blue Ridge
Osteopathic Manipulative Medicine, P.L.C., lessee, appeared before the Council
and stated that she is requesting permission to open her office in the old Post
Office building; and
WHEREAS, Vice Mayor Givens questioned where the office will be located
within the building; and
WHEREAS, Dr. Steele-Killeen stated that the office will be located in the
front, right corner as you walk in the back of the building and up the hallway in
the old postmaster office; and
WHEREAS, Mayor Foley stated that Dr. Steele-Killeen mentioned that she
may need to administer medication to patients if the patient is in “dire straits”;
and
WHEREAS, Dr. Steele-Killeen stated that there are very few neuro-
musculoskeletal emergencies; she stated that if a patient came to see her who
she believed had an active kidney stone, she would want to treat their pain; she
further stated that it will not be her policy to prescribe narcotics regularly; and
WHEREAS, Councilwoman Garst asked if Dr. Steele-Killeen was concerned
about parking at the building; and
WHEREAS, Dr. Steele-Killeen stated that there is reserved parking at the
rear of the building and Dr. Fisher has talked about possibly making an
arrangement with the church across the street to share parking; and
WHEREAS, no other person(s) appeared related to the request;
ON MOTION MADE BY COUNCILMAN JONES, SECONDED BY
COUNCILWOMAN GARST, AND DULY CARRIED, the request of Richard H. Fisher,
M.D., property owner, and Blue Ridge Osteopathic Manipulative Medicine PLC,
lessee, for the issuance of a Special Exception Permit to allow a medical office on
the property located at 103 East Main Street (Tax Map #106-10-1) was hereby
4
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 reported that this date and time had been set to hold a
public hearing and consider an ordinance on first 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; notice of such public hearing was published in the
October 7 and 15, 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 on
October 14, 2009, recommended approval of the amendments; and
WHEREAS, staff noted the following: the following changes to the Use
and Design Standards and Definition relating to homestay inns are proposed:
Sec. 106-310.9 Homestay Inn.
(A) General standards:
1. The owner or the owner’s family agent shall reside on the same
parcel occupied by the Homestay Inn.
and
Sec. 106-602.9 Commercial use types
Homestay inn – A dwelling, occupied by the owner, in which not more
than five bedrooms are provided for overnight guests for compensation, on a
daily or weekly basis, with or without meals. The owner or the owner’s agent
shall reside on the same parcel occupied by the Homestay Inn. A Homestay
Inn may also be known as a bed and breakfast ;
and
WHEREAS, the Clerk of Council stated that the current City Code does not
provide for a bed and breakfast or homestay inn that is not owner-occupied; he
stated that the proposed amendment to the City Code would allow a homestay
inn/bed and breakfast on a property as owner occupied or the owner may have a
designated agent occupy the property; he further stated that two sections of the
City Code will be changed to make the definitions consistent; and
WHEREAS, Vice Mayor Givens questioned if the designated agent would
have to live on the property all of the time; and
ITEM 3
AMENDMENT TO
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
PASSED ON FIRST
READING
5
WHERAS, the Clerk of Council stated that the designated agent would
have to be a permanent resident of the property; and
WHEREAS, Councilman Jones questioned the bed and breakfast currently
located on the Boulevard was sold, would the property fall under the current
regulations or the proposed regulations; and
WHEREAS, the Clerk of Council stated that if the property would be
grandfathered for two years; if the property remained unoccupied or unused in
its present capacity for more than two years, the property would revert to the
new code; and
WHEREAS, Bob Brugh, 628 Chamberlain Lane, appeared before the
Council to request approval of the proposed City Code amendments to help
facilitate the growth of bed and breakfast businesses in Salem, which would be
beneficial to the downtown area; he stated that he told the Planning
Commission that if people have to get in their car to drive somewhere, Salem
could lose some business to Roanoke City; he stated that if people staying at a
homestay inn could walk to area businesses, it would help generate business to
the downtown area and keep money in Salem; he stated that he plans to open a
bed and breakfast on Union Street if Council approves the proposed
amendments to the City Code; and
WHEREAS, Mayor Foley questioned the longest length of time someone
has stayed at the bed and breakfast he currently operates on the Boulevard; and
WHEREAS, Mr. Brugh stated that he has had someone stay from four to
six weeks before; he stated people have inquired about staying for an extended
length of time, but it is unusual to have that length of time without having
weekends completely booked to accommodate a request to stay for an extended
period of time; and
WHEREAS, Councilman Jones questioned how long Mr. Brugh has been
operating a bed and breakfast on Texas Street; and
WHEREAS, Mr. Brugh stated that they are coming up on their second
anniversary of being in business; he stated that the bed and breakfast has been
very successful; and
WHEREAS, Councilman Jones stated that Mr. Brugh has put a lot of hard
work into the property on Union Street and commended him on the effort he
has put into the property; and
6
WHEREAS, Councilwoman Johnson questioned the cost to stay at a bed
and breakfast compared to that of an extended stay facility; and
WHEREAS, Mr. Brugh stated that he does charge more than an extended
stay facility; he stated that he would like to drop the price on the property on
Union Street and offer a heavy continental breakfast instead of a full breakfast,
and try to appeal to a different clientele; and
WHEREAS, Councilwoman Garst questioned the type of emergency
training that would be provided to the agent living on the property, and how the
agent would be instructed on their relationship with the surrounding neighbors;
and
WHEREAS, Mr. Brugh stated that he expects the agent to respect the
neighbors and be a good neighbor; he stated that he has not planned for any
emergency training, he stated he will advise the agent to dial 9-1-1; he further
stated that the gentleman he has in mind to be the agent on the property has
been an emergency room nurse; and
WHEREAS, a discussion was held regarding the owner’s agent, etc.;
WHEREAS, no other person(s) appeared related to the request;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILMAN JONES, 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.
Mayor Foley requested that Council consider adopting Resolution 1146 in
support of the Virginia Sesquicentennial of the American Civil War Commission;
and
WHEREAS, the Clerk of Council read aloud Resolution 1146; and
WHEREAS, David Robbins appeared before the Council and stated that he
and John Long have been diligently working on this project for several months;
he stated that they have been working with Teri Atkins from the Parks and
ITEM 4
RESOLUTION 1146
ADOPTED IN
SUPPORT OF THE
VIRGINIA
SESQUICEN-
TENNIAL OF THE
AMERICAN CIVIL
WAR
7
Recreation Department, along with the Historical Society of Western Virginia
with representatives from Franklin County, Roanoke County and others; he
further stated that this celebration will be a way to get tourism to the City of
Salem; and
WHEREAS, John Long, Director of Salem Museum, appeared before the
Council and stated that the Regional Committee is in the process of applying for
a grant that would allow for the development of a web page and some other
advertising for the sesquicentennial events; he stated that in order for that to
happen, the local committees need to be approved and endorsed by the local
governments; he further stated that Council’s approval will allow the Committee
to use the logo for any publications; he stated that he appreciated Council’s
support; and
WHEREAS, Mr. Robbins stated that the City of Salem will be listed on the
website created for the celebration; he also thanked Council for its support; and
WHEREAS, Mayor Foley questioned if there would be a specific date for
one particular celebration; and
WHEREAS, Mr. Long stated that there are events throughout the year
statewide, and a specific date for an event will be decided locally; he stated that
Virginia has taken the lead in the sesquicentennial celebration; and
WHEREAS, Vice Mayor Givens questioned if the celebration will last for
one year; and
WHEREAS, Mr. Long stated that it is a four-year celebration, which has
already begun; the beginning of the commemoration was the 150th anniversary
of John Brown’s raid; and
WHEREAS, Mr. Robbins stated that the celebration will mirror the events
of the Civil War; and
WHEREAS, Councilwoman Garst questioned if the Regional Committee
was doing anything at the Roanoke Regional Airport to capture people coming in
to go to Lexington, etc.; and
WHEREAS, Mr. Long stated that he thought something was being done,
but he did not know the details; and
WHEREAS, Councilwoman Garst stated that the State had mentioned
having a traveling museum localities could apply to have come to the area; she
8
questioned if funding was found for the museum; and
WHEREAS, Mr. Long stated that he thought it was still in the works; he
stated that there is also a large exhibit at the Virginia Historical Society that will
be in Roanoke in 2013; and
WHEREAS, Mr. Robbins discussed art in the Civil War exhibits, etc.; and
WHEREAS, a discussion was held regarding historic sites in the area, etc.;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, Resolution 1146 in support of the
Virginia Sesquicentennial of the American Civil War Commission was hereby
adopted:
(HERE SET OUT RESOLUTION 1146)
-- 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 adoption of the 2010
Meeting Schedule of Salem City Council and the Salem Planning Commission;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, the 2010 Meeting Schedule of
the Salem City Council and Salem Planning Commission was hereby adopted –
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
vacancies on various boards and commissions;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILWOMAN GARST, AND DULY CARRIED, Barbara Gresham was hereby
appointed to Blue Ridge Behavioral Healthcare as a representative for the City of
Salem to replace Joan A. Nelson for a three-year term, said term will expire
December 31, 2010; Daniel E. Karnes was hereby reappointed to the Blue Ridge
Behavioral Healthcare as an at-large representative of the City of Salem, said
term will expire December 31, 2012; Paul F. Wiley and N. Jackson Beamer, III,
were hereby recommended to be reappointed to the Board of Equalization of
ITEM 6
BARBARA
GRESHAM
APPOINTED TO
BLUE RIDGE
BEHAVIORAL
HEALTHCARE,
DANIEL E. KARNS
REAPPOINTED TO
BLUE RIDGE
BEHAVIORAL
HEALTHCARE AS
AN AT-LARGE
REPRESENTATIVE;
PAUL F. WILEY AND
N. JACKSON
BEAMER, III, WERE
RECOMMENDED
TO BE
REAPPOINTED TO
THE BOARD OF
EQUALIZATION OF
REAL ESTATE
ASSESSMENTS
ITEM 5
2010 MEETING
SCHEDULE OF
SALEM CITY
COUNCIL AND
PLANNING
COMMISSION
ADOPTED
9
Real Estate Assessments for three-year terms, said terms will expire November
30, 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 consider cancellation of the
November 9, 2009, Salem City Council meeting;
ON MOTION MADE BY COUNCILWOMAN GARST, SECONDED BY VICE
MAYOR GIVENS, AND DULY CARRIED, the November 9, 2009, Salem City Council
meeting was hereby cancelled -- 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 a date for a public
hearing in accordance with Section 22.1-29.1 of the Code of Virginia, 1950 as
amended, regarding the expiration of terms for two members of the Salem
School Board;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILWOMAN GARST, AND DULY CARRIED, November 23, 2009, was hereby
set as the date for a public hearing in accordance with Section 22.1-29.1 of The
Code of Virginia 1950 as amended, regarding the expiration of terms for two
members of the Salem School Board – 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 8:07 p.m.
ITEM 8
NOVEMBER 23,
2009, SET AS
PUBLIC HEARING
IN ACCORDANCE
WITH SECTION
22.1-29.1 OF THE
CODE OF VIRGINIA,
1950 AS
AMENDED,
REGARDING THE
EXPIRATION OF
TERMS OF TWO
MEMBERS OF THE
SALEM SCHOOL
BOARD
ITEM 7
NOVEMBER 9,
2009, SALEM CITY
COUNCIL MEETING
CANCELLED