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Home My WebLink About11/10/2008 - City Council - Minutes - RegularUNAPPROVED MINUTES COUNCIL MEETING November 10, 2008 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 10, 2008, at 7:35 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; Melinda J. Payne, Director of Planning and Economic Development; Charles E. Van Allman, Jr., City Engineer; Mike Stevens, Communications Director, and Stephen M. Yost, City Attorney; and the following business was transacted: The minutes of the regular meeting of October 27, 2008, were approved as amended. Mayor Foley reported that this date and time had been set to hold a public hearing and consider adoption of Resolution 1130 appointing viewers to consider permanently vacating a certain part of Rose Lane that extends from Craig Avenue westerly for a distance of approximately 192 feet to an unimproved alley; notice of such public hearing was published in the October 29 and November 5, 2008, issues of The Roanoke Times, a newspaper having general circulation in the City of Salem; and WHEREAS, Rocco Guglielmo, 4 Millbrook Court, Great Neck, NY, petitioner, appeared before the Council and stated that he owns a lot and a home adjacent to one another on Craig Avenue; he stated that he would like to excavate the land and build another building on the property; he further stated that he petitioned for Rose Lane to be closed because of the setback regulations; he further stated that he would like to build the house closer to the street so that the parking would be between the two homes instead of parking on the street; he added he did not think that would affect the neighbors; and WHEREAS, Vice Mayor Givens questioned if Mr. Guglielmo would demolish the existing residence and build two more homes; and WHEREAS, Mr. Guglielmo stated that he would not demolish the existing house; and WHEREAS, Vice Mayor Givens questioned what type of residence Mr. Guglielmo planned to build on the property; and ITEM 1 DENIED REQUEST TO PERMANENTLY VACATE A CERTAIN PART OF ROSE LANE THAT EXTENDS FROM CRAIG AVENUE WESTERLY FOR A DISTANCE OF APPROXIMATELY 192 FEET TO AN UNIMPROVED ALLEY 2 WHEREAS, Mr. Guglielmo stated that the existing house will stay as is, and something else will be constructed on the other piece of the property; and WHEREAS, Vice Mayor Givens questioned if he will construct a single- family home; and WHEREAS, Mr. Guglielmo stated that he has not determined whether it will be a single family residence or a townhouse, or a patio home; and WHEREAS, it was noted that the property is currently zoned Residential Single Family (RSF); and WHEREAS, Margaret Spurlock, 845 Craig Avenue, appeared before Council and questioned what portion is requested to be closed; she stated that even though she has a Craig Avenue address, her house is physically located on Rose Lane; she stated that Rose Lane is her only access to Craig Avenue; she further stated that closing Rose Lane would prevent her from having access to her property and would cause her and her family undue stress as her family visits frequently to check on her; she further stated that the water line to her property runs down Rose Lane; and WHEREAS, Kathy Harris, 835 Craig Avenue, appeared before the Council and stated that she has to enter her home from Rose Lane; she stated that the entrance to her garage is located on Rose Lane; she questioned why the petitioner is requesting to close Rose Lane; and WHEREAS, Fred Lee, 334 Craig Avenue, appeared before the Council and stated that if Rose Lane is closed Ms. Spurlock will not have access to her residence; he stated that Rose Lane is the only way in and out of Ms. Spurlock’s property; and WHEREAS, Richard H. Branson, 750 Thompson Memorial Drive, appeared before the Council and stated that he built his residence in 1990; he stated that when he purchased the lot to build his residence, he also purchased a parcel of land from the City of Salem, which is located at the end of Rose Lane; he further stated that Rose Lane has been used long before Ms. Spurlock purchased her residence; he stated that he objects to closing Rose Lane; and WHEREAS, Mr. Guglielmo reappeared before the Council and stated that he understands the concerns that have been voiced; he stated that he is not requesting the Rose Lane be closed so that there is no access to the properties; he further stated that it is his understanding that an easement can be granted 3 which will allow access to the homes; and WHEREAS, Mayor Foley stated that Rose Lane is currently a public street; and WHEREAS, the City Attorney stated that the only thing Council has the right to do under Virginia law is to vacate the City’s entire ownership of the street; he stated that the City can retain an easement for the purposes of keeping a City easement (i.e. water/sewer lines); he further clarified that Council can decide to permanently vacate or close Rose Lane in which the abutting property owners would each own to the middle of the street, but there would not be any access unless the property owners got together and decided amongst themselves to grant an ingress/egress easement; he stated that Council does not have control over an ingress/egress easement if the street is vacated because the public’s right to use the street is gone once a street has been vacated; and WHEREAS, a discussion was held regarding the affects of closing Rose Lane, easements, etc.; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, the request to permanently vacate a certain part of Rose Lane that extends from Craig Avenue westerly for a distance of approximately 192 feet to an unimproved alley was hereby denied -- the roll call vote: all – aye. Mayor Foley requested that Council consider eliminating the November 28, 2008, work session and meeting due to the Thanksgiving Holiday; ON MOTION MADE BY COUNCILMAN JONES, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, the November 24, 2008, work session and meeting was hereby cancelled due to the Thanksgiving Holiday -- the roll call vote: all – aye. Mayor Foley requested that Council consider renewing the lease to Charles William Johnston for the Salem Golf Course for the year 2009; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, the lease was hereby renewed to Charles William Johnston for the Salem Golf Course for the year 2009 -- the roll call vote: all – aye. ITEM 2 NOVEMBER 24, 2008, WORK SESSION AND MEETING CANCELLED DUE TO THANKSGIVING HOLIDAY ITEM 3 SALEM GOLF COURSE LEASE RENEWED FOR 2009 4 Mayor Foley requested that Council consider appointments to fill vacancies on various boards and commissions and to consider the status of the Juvenile Court Service Advisory Council; ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY VICE MAYOR GIVENS, AND DULY CARRIED, Gill R. Roseberry was hereby recommended to be reappointed to the Board of Equalization of Real Estate Assessments for a three-year term, said term will expire November 30, 2011; Nancy Duffy was hereby recommended to be appointed to the Board of Real Estate Assessments to replace Phyllis Throckmartin for a three-year term, said term will expire November 30, 2011; James R. Bryant and Thomas D. Weaver were hereby reappointed to the Salem Transportation Safety Commission for four-year terms, said terms will expire November 11, 2012 -- the roll call vote: all – aye. ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, the Juvenile Court Service Advisory Council was hereby dissolved -- the roll call vote: all – 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 expiration of term on the City of Salem School Board for David H. Preston; and WHEREAS, it was noted that the legal advertisement will appear in the November 26 and December 3, 2008, issues of The Roanoke Times, a newspaper having general circulation in the City of Salem; and WHEREAS, it was further noted that all individuals who have previously applied for a School Board appointment and who can be located will be notified by letter of the public hearing; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, December 8, 2008, at 7:30 p.m., in the Council Chambers, City Hall, 114 North Broad Street, was hereby set as the date, place, and time for a public hearing in accordance with Section 22.1-29.1 of the Code of Virginia, 1950, as amended to date, to receive views of citizens within the Salem School District regarding an appointment to fill the expiring term of David H. Preston on the City of Salem School Board -- the roll call vote: all – aye. ITEM 4 GILL R. ROSEBERRY AND NANCY DUFFY RECOMMENDED TO BOARD OF EQUALIZATION OF REAL ESTATE ASSESSMENTS; JAMES R. BRYANT AND THOMAS D. WEAVER REAPPOINTED TO SALEM TRANSPORTATION S AFETY COMMISSION; JUVENILE COURT SERVICE ADVISORY COUNCIL DISSOLVED ITEM S1 DATE SET FOR PUBLIC HEARING REGARDING EXPIRATION OF TERM ON THE CITY OF SALEM SCHOOL BOARD FOR DAVID H. PRESTON 5 Mayor Foley requested that Council receive the Abstract of Votes cast at the November 4, 2008, General Election; THEREUPON, said Abstract of Votes was received. (HERE SET OUT ABSTRACT OF VOTES) There being no further business to come before the Council, the same on motion adjourned at 8:03 p.m. ITEM S2 ABSTRACT OF VOTES IN THE GENERAL ELECTION HELD NOVEMBER 4, 2008, WAS RECEIVED