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Home My WebLink About11/12/2007 - City Council - Minutes - RegularNovember 12, 2007 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 12, 2007, at 7:30 p.m., there being present all the members of said Council, to wit: Howard C. Packett, John C. Givens, Jane W. Johnson, John Christopher Clemens, and Byron R. Foley; with Howard C. Packett, Mayor, presiding; together with Forest G. Jones, 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; and Stephen M. Yost, City Attorney; and the following business was transacted: Mayor Packett requested that the veterans present at this meeting stand to be recognized. He thanked them for their service to this country. The minutes of the regular meeting of October 22, 2007, were approved as written. The report by the Director of Finance of the City’s financial status for a two-month period ending August 31, 2007, was received and ordered filed. Mayor Packett reported that the request of Conmat Properties, LLC, property owner, for the issuance of a Special Exception Permit to allow the operation of a concrete batch plant on the property located in the 1400 block of Lakeside Circle and the 400 block of Kesler Mill Road (Tax Map #’s 51 -3-10 & 11 and 56-2-1) was continued to this meeting of Council; and WHEREAS, it was noted that the petitioner requested that the request be withdrawn without prejudice; and WHEREAS, Vice Mayor Givens questioned what without prejudice meant; and WHEREAS, the City Attorney stated that under the City’s ordinance, it doesn’t mean anything; he further stated that if Council denies a request, or if ITEM 1 ITEM WITHDRAWN BY PETITIONER 2 the request is withdrawn after consideration by Council, which this request has been; under state law, the petitioner cannot file the same request for at least one year; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN CLEMENS, AND DULY CARRIED, Council acknowledged the withdrawal request of Conmat Properties, LLC, for the issuance of a Special Exception Permit to allow the operation of a concrete batch plant and removed the item from Council’s active agenda in accordance with Section 106-520 of The Code of the City of Salem, Virginia -- the roll call vote: all – aye. WHEREAS, Andy Taliaferro, appeared before the Council to thank Council and staff for their cooperation with this request; he stated that he is pleased that the petitioner withdrew his request, and that he is proud to be a citizen of Salem; he stated that the citizens’ group that formed to protest the cement plant construction plans to stay together to work with Council and the City on several projects; and WHEREAS, Mayor Packett thanked Mr. Taliaferro for all his hard work pertaining to this request. Mayor Packett requested that Council receive a presentation from Virginia Amateur Sports, Inc., thanking the City for its support of the 2007 Coventry Commonwealth Games of Virginia; and WHEREAS, Peter Lampman, President, Virginia Amateur Sports, Inc., appeared before the Council and thanked Council and the City Manager for their on-going support of Virginia Amateur Sports and the Commonwealth Games, now officially known as the Coventry Commonwealth Games; he stated that the 18th Anniversary of the games has officially ended; he stated that the games are a gold medal event due to the efforts of many, especially the City of Salem; he further stated that once again the City of Salem has taken an instrumental role in ITEM 2 PRESENTATION FROM VIRGINIA AMATEUR SPORTS, INC., REGARDING THE 2007 COVENTRY COMMON- WEALTH GAMES OF VIRGINIA 3 the success of the games; without the City’s financial support and the immeasurable support of the City’s Parks and Recreation Department, the event could not be held; he stated that the staff did an outstanding job supporting the events throughout the City by having facilities and numerous fields ready in the planning of the largest amateur multi-sporting event held in Virginia each year; he further stated that the economic impact from the event was over $3.5 million and nearly 9,000 athletes participated this year with 76 percent of the athletes coming from outside the Roanoke Valley; Mr. Lampman stated that over the past 18 years, more than 152,000 athletes have competed in the games; Mr. Lampman once again thanked Council and the City for its unwavering support; he stated that the event will be held again next year, its 19th anniversary, on July 18-20, 2008, with opening ceremonies being held July 19; THEREUPON, presentation was received. Mayor Packett requested that Council consider an ordinance on first reading amending Chapter 30, Article V., of The Code of the City of Salem, Virginia, pertaining to Illicit Storm Sewer System Discharges; and WHEREAS, Charles E. Van Allman, Jr., City Engineer, appeared before the Council to explain the ordinance; he stated that passing the ordinance is one of the requirements of the City’s NPDES permit received in 2003; he further stated that the ordinance addresses what can and cannot go into the City’s storm water sewer system, otherwise known as MS4; as well as determining definitions, inspections, monitoring, and penalties associated with the discharge into the City’s drainage system; he further stated that the ordinance was developed by staff with input from other City staff, citizens, other localities, the City Attorney’s office, and the City Manager’s office; he stated that the ordinance has been approved by the Department of Conservation and Recreation, which is the permitting agency for the NPDES Program for the Commonwealth of Virginia; ITEM 3 ORDINANCE PASSED ON FIRST READING AMENDING CHAPTER 30, ARTICLE V, OF THE CODE OF THE CITY OF SALEM, VIRGINIA PERTAINING TO ILLICIT STORM SEWER SYSTEM DISCHARGES 4 and WHEREAS, Mayor Packett stated that many people take creeks and rivers, etc. for granted by throwing things (i.e. oil, leaves, trash, etc.) into them and this ordinance allows the City to act against people polluting the creeks, rivers, etc. in the City; and WHEREAS, the City Engineer stated that this ordinance allows the City to act against people polluting the creeks, rivers, etc. in the City; he stated that there are State laws, and this ordinance brings the laws to a local level and allows the City to take charge and penalize to try to stop this type of pollution; he further stated that the fines assessed with violations of this ordinance come back to the City, they are not fines assessed by the state; ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY VICE MAYOR GIVENS, AND DULY CARRIED, an ordinance entitled “AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 30, ARCITLE V, OF THE CODE OF THE CITY OF SALEM PERTAINING TO ILLICIT STORM SEWER SYSTEM DISCHARGES” was hereby duly passed on first reading -- the roll call vote: all – aye. Mayor Packett requested that Council consider renewing the lease of Charles William Johnston for the Salem Golf Course for the year 2008; ON MOTION MADE BY COUNCILMAN CLEMENS, SECONDED BY COUNCILMAN FOLEY, AND DULY CARRIED, the lease was hereby renewed for Charles William Johnston for the Salem Golf Course for the year 2008 -- the roll call vote: all – aye. Mayor Packett 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 terms on the City of Salem School Board for Sarah W. “Sally” Southard, and William Sinkler; and ITEM 4 LEASE RENEWED FOR CHARLES WILLIAM JOHNSTON FOR THE SALEM GOLF COURSE FOR THE YEAR 2008 ITEM 5 DATE SET FOR PUBLIC HEARING IN ACCORDANCE WITH SECTION 22.1-29.1 OF THE CODE OF VIRGINIA, 1950, AS AMENDED, REGARDING EXPIRATION OF TERMS ON THE CITY OF SALEM SCHOOL BOARD FOR SARAH W. SOUTHARD AND WILLIAM SINKLER 5 WHEREAS, it was noted that the legal advertisement will appear in the November 16 and 23, 2007, 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 JOHNSON, AND DULY CARRIED, November 26, 2007, 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 appointments to fill the expiring terms of Sarah W. “Sally” Southard and William Sinkler on the City of Salem School Board -- the roll call vote: all – aye. Mayor Packett requested that Council consider appointments to fill vacancies on various boards and commissions; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN CLEMENS, AND DULY CARRIED, Paul F. Wiley was hereby appointed to the Board of Real Estate Equalization to fill the unexpired term of Denise P. King (her nine-year time limit is up), said term will expire November 30, 2009; and David A. Prosser was hereby reappointed to the Board of Real Estate Equalization for a three-year term, said term will expire November 30, 2010 -- the roll call vote: all – aye. There being no further business to come before the Council, the same on motion adjourned at 7:48 p.m. ITEM 6 PAUL F. WILEY APPOINTED TO BOARD OF REAL ESTATE EQUALIZATION, AND DAVID A. PROSSER REAPPOINTED TO BOARD OF REAL ESTATE EQUALIZATION