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HomeMy WebLinkAbout11/26/2007 - City Council - Minutes - RegularNovember 26, 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 26, 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 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, Jr., City Engineer; and Stephen M. Yost, City Attorney; and the following business was transacted: The minutes of the regular meeting of November 12, 2007, were approved as written. The report by the Director of Finance of the City’s financial status for a three-month period ending September 30, 2007, was received and ordered filed. The report by the City Manager of the City’s activities for the month of October 2007 was received and ordered filed. Mayor Packett reported that Council passed an ordinance on first reading at its November 12, 2007, meeting amending Chapter 30, Article V. of the Code of the City of Salem, Virginia, pertaining to Illicit Storm Sewer System Discharges ; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN FOLEY, AND DULY CARRIED, an ordinance entitled “AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 30, ARTICLE V, OF THE CODE OF THE CITY OF SALEM, VIRGINIA, PERTAINING TO ILLICIT STORM SEWER SYSTEM DISCHARGES” was hereby adopted on second reading: (Here set out ordinance amending Chapter 30, Article V, of the City Code) -- the roll call vote: all - aye. ITEM 1 ORDINANCE ADOPTED AMENDING CHAPTER 30, ARTICLE V. OF THE CODE OF THE CITY OF SALEM, VIRGINIA, PERTAINING TO ILLICIT STORM SEWER SYSTEM DISCHARGES 2 Mayor Packett reported that Council at its regular meeting held on November 12, 2007, set this date, place, and time to hold 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 and candidates regarding appointments to fill the expiring terms of Sarah W. (Sally) Southard and William Sinkler on the City of Salem School Board; and WHEREAS, the Clerk of Council reported that notice of such public hearing had been published 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 noted that all individuals who could be located and have previously applied for a School Board appointment in recent years were notified by letter of this public hearing; and WHEREAS, Mayor Packett reported that, in accordance with the Code of Virginia, this meeting of Council is a public hearing to receive applications and citizen input for the City of Salem School Board positions; and appointment of the members will be made at the December 10, 2007, meeting of Council; and WHEREAS, it was noted that the following applications have been received for the Salem School Board position: Sarah W. (Sally) Southard, 118 Par Drive; William Sinkler, 17 Hale Avenue; Michael Chiglinsky, Ph.D., 2722 Titleist Drive; David C. Wells, 2008 Millstream Drive; and David H. Preston, 1511 Ashley Drive; and WHEREAS, Billye White, 1234 Forest Lawn Drive, appeared before the Council and stated that she recommends that Sally Southard and William Sinkler be reappointed to the Salem School Board; she stated the old saying is, “that if it ain’t broke, don’t fix it;” and WHEREAS, Michael Chiglinsky, 2722 Titleist Drive, appeared before the Council to ask to be considered for appointment to the Salem School Board; he stated that this is the third time he has appeared before Council to offer his ITEM 2 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 AND CANDIDATES REGARDING APPOINTMENTS TO FILL THE EXPIRING TERMS OF SARAH W. SOUTHARD AND WILLIAM SINKLER ON THE CITY OF SALEM SCHOOL BOARD 3 name for consideration; he further stated that he would like to be considered due to a reminder he received from a younger person still inspired by the belief of civic duty who is a graduate of Salem High School; he stated that he has lived in Salem for approximately 13 years and has worked as a clinical psychologist over an extended time period with the schools in Salem, as well as other school systems in the Roanoke Valley; he stated that he currently serves as the President of the Blue Ridge Academy of Clinical Psychologists, his second term, and on the Executive Council of the Virginia Academy of Clinical Psychologists; he went on to discuss his professional experience; he stated that he offers his name for consideration not because the current citizens serving on the board are deficient in any manner, but because of his personal and professional background; he commended Mrs. Southard and Mr. Sinkler for the work they have done on the Board and commended the Superintendent for his accomplishments; he stated that if he is appointed to the School Board he will work with the other members of the Board, as well as other committees or bodies in the City of Salem; he stated that if he is not appointed to the School Board, he offers to serve his community as a honest person; and WHEREAS, David Preston, 1511 Ashley Drive, appeared before the Council and stated that he has been a resident of Salem for all but three years of his life; he stated that he has a son in the fourth grade at South Salem Elementary School; he stated that he would like to be considered for a position on the Salem School Board; he stated that his professional experience is in the restaurant business; he started out washing dishes part-time while he was in high school and is now president and part owner of Country Cookin Restaurants; he further stated that he would like to be considered for a position on the Salem School Board because he has a sincere interest in the school system; he is committed to public education and wants to support public education in any way possible; he stated that the City of Salem has the best school system in the state 4 of Virginia; he further stated that he feels that his experience on the business side would be an advantage to the school board; the organization, budgeting, accountability, and the knowledge gained from growing a business from six or seven restaurants to over 650 restaurants; he stated that he feels that the two incumbents have done a great job and will continue to do a great job; he stated that he wants Council to know that when the time is right, he is ready and willing to serve on the School Board; and WHEREAS, David Wells, 2008 Millstream Drive, appeared before the Council to request to be appointed to the Salem School Board; he stated that one year ago, he appeared before Council requesting to be appointed to the School Board and many people encouraged him to come back again; he stated that he has many interests in the school system; he stated that his oldest child graduated from Salem High School, his youngest is a junior at Salem High School, and his step-son attends South Salem Elementary School; he further stated that he has worked with the PTA’s at South Salem, Andrew Lewis, and Salem High School; he stated that he has a sincere interest in the business of what we do with our children; he stated that like others, he is not here to say that the two school board members trying to be reappointed need to be removed, he just wants Council to know that he is willing to serve when needed; and WHEREAS, William Sinkler, 17 Hale Avenue, appeared before the Council to thank Council for the manner in which they have worked with the School Board and stated that the Board is mindful of the support Council has given the Board; he stated that his tenure on the Salem School Board has been most enjoyable and highly professional; he stated that the School Board members do not have a personal agenda to carry out; he stated the goal of the School Board members has always been and will forever be children first; he further stated that as a life-time educator, he has accepted Council’s vote and will accept Council’s vote in the affirmative with much gratitude and humility; and 5 WHEREAS, Sarah W. “Sally” Southard, 118 Parr Drive, appeared before the Council to seek reappointment to the Salem School Board; she stated that her fourth term ends in December and she would like to serve another term on the Board; she stated that during her tenure on the School Board, the Board has accomplished many things; most recently being recognized nationally as an Out Performing School System by Standard and Poor’s; the school system has become fully accredited by the Virginia Department of Education and the Southern Association of Colleges and Schools; she stated that all schools met adequate yearly progress under the provisions of the No Child Left Behind Act in 2006; Salem City Schools became the first school division in Virginia to add a personal finance course as a graduation requirement; beginning in 2011, all Salem graduates will have met a financial literacy requirement; the dropout rate has decreased to 0.7 percent; she stated the Board has been fiscal stewards of the City’s money by keeping the per pupil expenditure at $9,034, which is $732 less than the state average, and by keeping the per capita expenditure for education in Salem less than the state average by $104; finally the school system has been ranked 10th in the Commonwealth for average teacher salary, which is $2,681 higher than the state average; she further stated that the schools have had a smooth transition of superintendents under her leadership , and she would like to continue her work on many of the division goals, as well as be available to assist the next mayor and city manager regarding the education of the City’s young people; she stated that the current members of the school board have been together for many years and work very well together; she requested that Council reappoint her so that she can continue to serve her community; and WHEREAS, Councilman Clemens stated that the candidates to be considered for the School Board are outstanding candidates, and each of them would serve the City well; and 6 WHEREAS, the City Attorney noted that according to state law Council must wait at least seven days after the public hearing before an appointment can be made, and the choice must be an applicant who was considered at this public hearing; and WHEREAS, Mayor Packett thanked all the candidates who applied to be appointed to the Salem School Board; THEREUPON, it was noted that Council will make a final decision at its December 10, 2007, meeting pertaining to the appointments to the City of Salem School Board. Mayor Packett reported that this date and time had been set to hold a public hearing to consider the request of Wiley Development LLC, property owner, for rezoning two parcels located in the 400 and 500 block of Electric Road (Tax Map #’s 150-3-1 and P/O 155-2-2) from HM Heavy Manufacturing District to HBD Highway Business District; and WHEREAS, the Clerk of Council reported that notice of such hearing had been published in the November 8 and 15, 2007, issues of the Salem Times- Register, a newspaper published and having general circulation in the City of Salem; and WHEREAS, the Planning Commission at its regular meeting held on November 14, 2007, recommended to the Council of the City of Salem that the rezoning request be approved; and WHEREAS, staff noted the following: the subject property consists of two parcels located along Route 419, Electric Road; Parcel #1 is approximately 4.82 acres, and Parcel #2 is approximately 2.96 acres; both are currently vacant; the development is bordered on the east by Masons Creek, and the property is currently zoned HM; this request is for a down zoning of these two parcels to HBD (Highway Business District) to allow a more commercial type of ITEM 3 ORDINANCE PASSED ON FIRST READING REZONING TWO PARCELS LOCATED IN THE 400 AND 500 BLOCK OF ELECTRIC ROAD (T/M #’S 150-3-1 AND P/O 155-2-2) FROM HM TO HBD 7 development; the applicant has stated that the current zoning limits the potential for commercial and retail uses; and this property is partially located in the various flood zones; and WHEREAS, Paul Wiley of Wiley Development LLC, property owner, 928 Saddle Drive, appeared before the Council to explain the request to rezone the two parcels; he stated that the reason he is requesting the property to be rezoned is to make the property more flexible in terms of commercial and retail development rather than industrial; he stated that the character of the development will stay as it has been developed thus far; he stated he is available to answer any questions Council may have; and WHEREAS, Vice Mayor Givens questioned the plans for the lots relating to ingress and egress onto Route 419; and WHEREAS, Mr. Wiley stated there is an access road being developed on the property, and there will be another access road just like the one being developed on the adjoining property, the northern most portion of the property; he further stated that on the subdivision plans, the private roadway is shown on both parcels; he stated that as the property on the other side of the private roadway is developed, another private roadway will be built; and WHEREAS, Councilman Clemens questioned if there are businesses interested in the property; and WHEREAS, Mr. Wiley stated that there are businesses interested in the property, and he has had to refuse four businesses that wanted a retail-type business because the property is not zoned properly for retail business; and WHEREAS, no other person(s) appeared related to the request; ON MOTION MADE BY COUNCILMAN CLEMENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, an ordinance entitled “AN ORDINANCE TO AMEND SECTION 106-110, ARTICLE I, CHAPTER 106, OF THE CODE OF THE CITY OF SALEM, VIRGINIA, RELATING TO ZONING AND DIVIDING 8 THE CITY INTO BUILDING DISTRICTS AND ESTABLISHING DISTRICT BOUNDARY LINES ON THE ZONING MAP OF THE CITY OF SALEM, VIRGINIA,” was hereby passed on first reading -- the roll call vote: all – aye. Mayor Packett reported that this date and time had been set to hold a public hearing to consider the request of Ronald B. Hogan Sr., Vicki T. Hogan, and Ronald B. Hogan Jr., property owners, for the issuance of a Special Exception Permit to allow an automotive air conditioning repair business on the property located at 1326 Forest Lawn Drive (Tax Map #75-4-5); and WHEREAS, the Clerk of Council reported that notice of such hearing had been published in the November 8 and 15, 2007, issues of the Salem Times- Register, a newspaper published and having general circulation in the City of Salem; and WHEREAS, the Planning Commission at its regular meeting held on November 14, 2007, recommended to the Council of the City of Salem that the special exception permit be denied; and WHEREAS, staff noted the following: the subject property consists of one parcel located in the Parkdale Subdivision; the parcel is approximately 80 feet wide by 250 feet deep and is currently occupied by a one story single -family residence; the property is currently zoned RSF; this request is for a special exception permit to allow the operation of an automotive air conditioning repair business; the applicant has been operating this business since 2002; during this time, Mr. Hogan has paid taxes to the City for the business, and no complaints have been received; upon deciding to change the name of his business to include his son, Mr. Hogan submitted paperwork to the Office of the Commissioner of the Revenue; as part of the routine processing of this request, the Commissioner’s staff brought the application to the Zoning Office; due to a staff error, the zoning letter was mistakenly approved at that time (January 12, 2007); ITEM 4 DENIED SPECIAL EXCEPTION PERMIT TO ALLOW AN AUTOMOTIVE AIR CONDITIONING REPAIR BUSINESS ON THE PROPERTY LOCATED AT 1326 FOREST LAWN DRIVE (T/M #75-4- 5) 9 when the Zoning Administrator received the Home Occupation permit application submitted along with Mr. Hogan’s business license application (to change the name of his business), the administrator found that the business was ineligible for a home occupation permit because it did not comply with the zoning; the Building Inspections & Zoning Department notified Mr. Hogan in a letter dated February 6, 2007, that his request was denied; at the time of the letter, Mr. Hogan was allowed to continue operation until March 31, 2007; when Mr. Hogan received this letter, he contacted the City for clarification, and the mistaken approval of the zoning letter was discovered; it was also discovered that the business had been operating since 2002, in non-compliance with zoning and without a home occupation permit, but with an approved business license; to try and work out a solution, the City met with Mr. Hogan on March 7, 2007, and again on April 2, 2007; after discussions, it was determined that the city would allow Mr. Hogan to continue to operate his business until the end of January 2008 (for an additional year) since the City had made a mistake in the approval process; however, Mr. Hogan was informed that he would be unable to renew his home occupation permit after that period, and that he should seek to relocate the business; on September 11, 2007, the City received a request from Mr. Hogan’s attorney that the application be forwarded to the Planning Commission and City Council for review as a Special Exception Permit; the following issues relate to Section 106-304.5 Home Occupations of the City of Salem Zoning Ordinance, which outlines the general standards: (1) Section 106 - 304.5 (B)(2) states that “Only residents of the dwelling shall be engaged in the home occupation activity. No other employees shall be allowed at the site of the home occupation.” It is unclear if Mr. Hogan’s son, who is considered an employee, lives at this residence; (2) Section 106-304.5 (B)(8) states that “The home occupation shall not require the use or storage of hazardous or toxic materials and no such material shall be associated with the home occupation.” 10 It is unclear what materials are being used or how they are being handled and stored; (3) Section 106-304.5 (B)(10) states that “The volume and characteristics of traffic associated with the home occupation shall be consistent with the volume and characteristic of traffic associated with dwellings in the general area.” Mr. Hogan has stated that his customers include auto dealerships and other auto repair shops. It is the volume and characteristics of traffic associated with the business appropriate for RSF zoning? (4) The Zoning Administrator has determined that minor auto repair does not constitute an accessory use eligible for a home occupation permit; and WHEREAS, Councilman Clemens stated that his law firm has done work for Mr. Hogan and will be abstaining from the vote; and WHEREAS, Seth Weston, attorney for Mr. Hogan, appeared before the Council on behalf of Mr. Hogan; Mr. Weston discussed the events that have led up to this request before Council; he stated that Mr. Hogan’s business does a minimal amount of work in the garage located at his residence, and some equipment is located inside the garage; he further stated that Mr. Hogan realizes that his type of business is outside the normal parameters for a home -based business; however, his situation is unique because he has been operating for a number of years and recognized in some fashion by the City because he has been paying taxes on his business; Mr. Weston stated that Mr. Hogan is present at the meeting, along with residents in the neighborhood who will state that Mr. Hogan’s business does not affect the community and that his business does an overall good and is positive for the City of Salem; and WHEREAS, Ronald Hogan, Sr., 1326 Forest Lawn Drive, petitioner, appeared before the Council and stated that he applied for a business license legally and was granted a license and he paid his taxes; he stated he performed air conditioning repair work on automobiles and he worked for General Electric at night; he stated that he worked 33 years at GE, 30 years at West Salem Body 11 Shop, and in 2001 he stopped working at West Salem Body Shop and started doing automotive air conditioning repairs at his residence; he further stated that one of his neighbors helped him get his business license; he stated that he retired from GE in 2005 due to nerve damage in his back; Mr. Hogan stated that due to his back problems, he is not able to perform the work his business requires; therefore, his son started helping out and learned the business; he stated that when he decided to change the name of his business to R. B. Hogan and Son; he stated that he is not R. B. Hogan, his son is and his son has a son in the second grade and he was looking toward the future in case his grandson wanted to work at the business when he gets older; he stated that he went to an attorney to draw up the paperwork to change the name of the business and went to City Hall to fill out the paperwork for permits with the name change; he stated that he and his wife filled out everything and put the copies into an envelope and left; he stated that he received a phone call about a week later from a lady stating that he needed to fill out some other paperwork that should have been filled out a couple of years ago; Mr. Hogan discussed the events that lead up to his request being filed; Mr. Hogan stated that he is allowed to operate his business this year, and he is before Council requesting a special exception permit to allow his son’s business to operate after this year; he further stated that he does not want his son’s business to close; he stated that his son owns the property the business is operated on, as well as the property next door, which is where his son resides; he stated that his business is a good, honorable trade and he performs a lot of charity work through his business; he stated that he performs work for a lot of people on fixed incomes and allows them to make payments until their bill is paid in full; he asked Council to approve his request so that his son’s business can stay open; and WHEREAS, Mayor Packett questioned if a person has to live in the residence, or own the residence if they request a home occupation permit; and 12 WHEREAS, the City Attorney stated that the ordinance states that only residents of the dwelling shall be engaged in the home occupation activity; and WHEREAS, Seth Weston, the attorney for Mr. Hogan, stated that Mr. Hogan’s wife is still involved in the business; therefore, there is still an owner of the residence working in the business; and WHEREAS, Phillip Cantrell, 1321 Forest Lawn Drive, appeared before the Council to give a history of the neighborhood; he stated that when he first moved into his residence in 1974, Henry Terry lived in the residence located at 1323 Forest Lawn Drive and he was the sole repairman for Hop-In Food Chains; he repaired gas pumps, popcorn makers, ice machines, and drink machines out of his garage; he shared a driveway with Mr. Terry; he stated that Mr. Britt lived at 1319 Forest Lawn Drive and worked on automobiles every Saturday and Sunday until he passed away in 1989; he further stated that he owned a business located at his residence from 1974 until 1995; Mr. Cantrell stated that in 1978 he wanted to get out of the siding business and run a small business out of his garage; he stated that Mr. Terry told him that the area was zoned B-2, which is residential business; he stated that he came to the City offices to make sure his property was zoned B-2; he stated that according to the book, his property was zoned B-2; he further stated that it is not the map used today or the old map displayed behind the new one in the zoning office; he stated that he was advised that he could operate his business as long as he didn’t employ anyone, didn’t advertise, and as long as the automobiles around his residence did not bother his neighbors; Mr. Cantrell stated that the business he originally planned did not materialize; therefore, he stayed in the siding business until 1995 when he opened a custom made cabinet shop to run out of his garage; he stated that he applied for a business license, and received a license until he closed the business in 2002; he asked Council to approve Mr. Hogan’s request so that he can continue to operate the business he has been operating for the past 10 years; he 13 further stated that there has not been a complaint filed with the City regarding any of the businesses that have been operated on Forest Lawn Drive as long as he has lived there; he stated that he has always thought the properties located on Forest Lawn Drive were zoned B-2 because that is what he was told in 1974; he stated that he found out a few months ago when he checked that his property is not zoned B-2; he further stated that the Planning Commission stated that there is not a stipulation in the special permit for the type of business Mr. Hogan operates; he stated that Council is in a management position and has the power to change people’s lives every day; he asked that Council make a special provision for Mr. Hogan’s type of business so that Mr. Hogan can continue operating the business he has been operating the past 10 years; and WHEREAS, Richard Gallano, a Vinton resident, appeared before the Council and stated that his daughter works at a restaurant in Christiansburg and she told him about Mr. Hogan; he states that his daughter has an old automobile that Mr. Hogan has been working on and has been financing her repairs with no interest; he further stated that Mr. Hogan helps the young generation and that his daughter would not still have a job if it were not for Mr. Hogan; he also discussed a time when Mr. Hogan helped him on a cold Sunday when he had a problem with his automobile; he further stated that Mr. Hogan is dedicated to his business and helps many people; he thanked Council for their time and asked that Council approve Mr. Hogan’s request; and WHEREAS, Scott Lawrence, 306 Peach Tree Valley Drive, Roanoke, appeared before the Council and stated that he works for an automobile retailer in the City of Salem that sells parts to Mr. Hogan; he stated that he has been to Mr. Hogan’s garage; he further stated that his employer refers customers to Mr. Hogan to get their automobile repaired; he further stated that Mr. Hogan has helped dozens of people over the years; he stated that his garage is safe and his equipment is up to date; Mr. Lawrence stated that Mr. Hogan has done work on 14 his automobile and Mr. Hogan does a good job; Mr. Hogan is very easy to deal with and is an outstanding citizen of the City of Salem; and WHEREAS, Matt Terry, 1384 Stoutamire Drive, appeared before the Council and stated that he spoke with Melinda Payne, Planning Director, regarding Mr. Hogan’s request, and she informed him that she had a form in front of her that had B-2, but it looked like it had been changed and it should be R-2; he stated that he isn’t sure what that meant, but that is what she said; he further stated that he has known Mr. Hogan for years; he stated that Mr. Hogan keeps his shop spotless, and he would not hesitate to let his daughter run around Mr. Hogan’s garage because it is so clean; he further stated that Mr. Hogan has the most up to date equipment he has seen in any of the garages in Salem, including the City of Salem Garage; Mr. Terry stated that Mr. Hogan does anything he can to help out his community; Mr. Hogan is a family man and is trying to look out for his son and his grandson; he asked that Council approve Mr. Hogan’s request for a special exception permit; and WHEREAS, Charlie Lightcap, 1320 Forest Lawn Drive, appeared before the Council and stated that he is Mr. Hogan’s neighbor; he stated that Mr. Hogan is honorable and cares about people; he stated that he has lived next door to Mr. Hogan for four years and until Mr. Hogan told him he had a business at his home, he did not know Mr. Hogan operated a business there; he further stated that if you did not know Mr. Hogan operated a business from his home, you would not know it; he stated that Mr. Hogan keeps his residence clean and neat; he further stated that Mr. Hogan’s business is not negative for the neighborhood, and he would like for Council to approve Mr. Hogan’s request; and WHEREAS, Teresa Stanley, 104 Hart Drive, appeared before the Council and stated that she does not object to Mr. Hogan’s business; she stated that her concern is that since Mr. Hogan’s business is such a good business, it is going to grow and her concern is how big the business can get and how noisy it may 15 become; and WHEREAS, Billye White, 1234 Forest Lawn Drive, appeared before the Council and stated that she commends Mr. Hogan for what he does; she stated that her complaint is that it is a residential area, and if one business is allowed, then others will be allowed; she further stated that if Mr. Hogan is going to retire, how do the residents know what his son and grandson will do with the business in years to come; she stated that she has lived in the neighborhood for 50-some years and it is a nice neighborhood that does not need a business; she further stated that she works for a place that can help Mr. Hogan find a location for his business that is reasonably priced, and she is willing to talk to Mr. Hogan to try to help him relocate his business; she stated that other people in Salem have been helped to get their business started; she further stated that the zoning in the area was changed in 1970; therefore, the neighborhood has been residential since then; and WHEREAS, Charlie Lightcap reappeared before the Council and stated that Mr. Hogan applied for this license initially five or six years ago, and that it doesn’t seem fair that a new business can apply for and obtain a business license in the immediate area, but Mr. Hogan may possibly lose the business he has been operating for the past five or six years; and WHEREAS, Vickie T. Hogan, 1326 Forest Lawn Drive, half owner of the business in question, appeared before the Council; she stated that she is aware that the business will eventually start growing and when the number of automobiles or delivery vehicles will inconvenience her neighbors in anyway, then she will look for a property to relocate her business; she stated that the first order of business for her “shop” is that none of her neighbors will be inconvenienced in any way; and WHEREAS, Seth Weston reappeared before the Council and stated that Council has an opportunity to help a small business grow, or to put it out of 16 business; he stated that hopefully one day Hogan and Son will be like Firestone and Nationwide with its roots being in Salem, but that can’t happen if Council puts it out of business; he further stated that this is not a precedent -setting event, it is a unique situation; he reiterated that Mr. Hogan’s next door neighbor did not even know he was operating a business; Mr. Hogan’s property is kept neat and clean; Mr. Weston stated that the only downfall to this request is if the business grows too big to operate from the garage, which would in turn be positive for Salem because it would be a viable business renting a bigger space to accommodate its customers; and WHEREAS, Councilwoman Johnson questioned if Mr. Hogan had looked into moving his business when it was discovered that the City had made a mistake when a business license was issued; and WHEREAS, Mr. Hogan stated that he did not look for another place because it would be hard for him to move his business because he does not charge his customers more for the parts than what he pays for the parts, and his labor is cheap; he stated that he has kept his prices low because to him, his business was more of a hobby than anything else; he further stated that in order for him to relocate his business, he will need a lot more capital and will have to mark up the parts and charge more for his labor; he stated that it was his intent for his business to help people, not hinder them; and WHEREAS, Councilman Foley questioned if Mr. Hogan has identified and paid tools and machine taxes on all of his equipment throughout the years; and WHEREAS, Mr. Hogan stated that until this past year, not all of his equipment was located at his residence; he stated that he paid taxes on the equipment located at his residence; he further stated that some of his equipment was located at West Salem Body Shop; he stated that all of his equipment is registered with the EAP; and 17 WHEREAS, Vice Mayor Givens stated that Mr. Hogan stated at the Planning Commission meeting that he has six Freon recovery machines he uses in connection with his business that are not listed on the paperwork filed with the City to apply for a business license; Vice Mayor Givens questioned how Mr. Hogan can do business if the machines were not located at his garage; and WHEREAS, Mr. Hogan stated that some of his equipment was located at West Salem Body Shop and was moved to his residence either last year or the year before; he further stated that it was his understanding that once the equipment started to depreciate you did not have to register it with the City; and WHEREAS, Vice Mayor Givens stated that according to the paper, the cost of property in 2001 and prior needs to be filed; therefore, all equipment needs to be registered; he stated that is something the Commissioner of the Revenue needs to address and does not have any bearing on the request before Council; and WHEREAS, Vickie T. Hogan stated that was an oversight on her part when she was filling out the paperwork; and WHEREAS, Charlie Lightcap reappeared before the Council to reiterate that Mr. Hogan’s business is not hurting any other business in Salem that performs the same type of work Mr. Hogan performs at his garage; he further stated that it would be different if Mr. Hogan’s business was hurting other businesses in Salem because he charges less, but it is not; and WHREAS, Mayor Packett stated that business competition does not have a consideration in this request; the issue is whether Mr. Hogan is operating properly where he is located, and it is up to Council to decide whether to issue a special exception permit for Mr. Hogan to continue to operate his business; and WHEREAS, Teresa Stanley reappeared before Council and stated that if Mr. Hogan’s business is a hobby and if he doesn’t charge for his labor, wouldn’t that allow him to continue helping people; and 18 WHEREAS, the City Attorney stated that it is the use of the property Council has to consider, not how much money the individual makes; and WHEREAS, Councilman Foley stated that he feels that Mr. Hogan is honorable and is doing the right thing by helping the citizens of Salem; he stated that he feels that Council was elected to uphold the ordinances of the City of Salem and do what is best for the community; ON MOTION MADE BY COUNCILMAN FOLEY, SECONDED BY VICE MAYOR GIVENS, AND DULY CARRIED, the request of Ronald B. Hogan Sr., Vicki T. Hogan, and Ronald B. Hogan Jr., property owners, for the issuance of a Special Exception Permit to allow an automotive air conditioning repair business on the property located at 1326 Forest Lawn Drive (Tax Map #75-5-5) was hereby denied -- the roll call vote: Byron R. Foley – aye, John Christopher Clemens – abstain, Jane W. Johnson – aye, John C. Givens – aye, and Howard C. Packett - aye. Mayor Packett requested that Council consider the appointment of Kevin Boggess as City Manager pursuant to the provisions of Section 5.1 of the City Charter, effective March 1, 2008; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, Kevin Boggess was hereby appointed City Manager pursuant to the provisions of Section 5.1 of the City Charter, effective March 1, 2008 -- the roll call vote: all – aye. Mayor Packett requested that Council receive the Abstract of Votes cast at the General Election held on November 6, 2007; THEREUPON, said Abstract of Votes was received. (HERE SET OUT ABSTRACT OF VOTES) ITEM 5 KEVIN BOGGESS APPOINTED TO CITY MANAGER EFFECTIVE MARCH 1, 2008 ITEM 6 ABSTRACT OF VOTES CAST IN THE GENERAL ELECTION HELD NOVEMBER 6, 2007 19 Mayor Packett requested that Council consider cancelling the December 24, 2007, Council meeting due to the Christmas holiday; and WHEREAS, Mayor Packett noted that should an urgent matter come up requiring Council action, Council can hold a special meeting; ON MOTION MADE BY COUNCILMAN CLEMENS, SECONDED BY COUNCILMAN FOLEY, AND DULY CARRIED, the December 24, 2007, meeting of Council is hereby cancelled due to the Christmas holiday -- 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, John E. Beach was hereby reappointed to the Western Virginia Emergency Medical Services Council for a three-year term, said term will expire January 31, 2011; Robert S. Fry, III, was hereby reappointed to the Board of Appeals (International Code Council) for a five-year term, said term will expire January 1, 2013; and ON MOTION MADE BY COUNCILMAN FOLEY, SECONDED BY COUNCILMAN CLEMENS, AND DULY CARRIED, Linda Franke was hereby appointed to the Blue Ridge Behavioral Healthcare to fill the unexpired term of Rev. Dean Lindsey, said term will expire December 31, 2008 -- the roll call vote: all – aye. Mayor Packett requested that Council consider a supplemental item to consider an agreement with Botetourt County to handle solid waste services for commercial haulers; and WHEREAS, it was noted that this item needs to be considered at this meeting of Council before Botetourt County officials consider the agreement at ITEM 8 JOHN E. BEACH REAPPOINTED TO THE WESTERN VIRGINIA EMERGENCY MEDICAL SERVICES COUNCIL; ROBERT S. FRY, III, REAPPOINTED TO THE BOARD OF APPEALS (INTERNATIONAL CODE COUNCIL; AND LINDA FRANKE APPOINTED TO BLUE RIDGE BEHAVIORAL HEALTHCARE S1 AGREEMENT APPROVED WITH BOTETOURT COUNTY TO HANDLE SOLID WASTE SERVICES FOR COMMERCIAL HAULERS ITEM 7 DECEMBER 24, 2007, MEETING OF COUNCIL CANCELLED DUE TO THE CHRISTMAS HOLIDAY 20 its meeting scheduled for November 27, 2007; and WHEREAS, the Director of Finance appeared before the Council to explain the agreement; he stated that Botetourt County was advised by the EPA and the State Department of Environmental Quality that its landfill was almost at its capacity and would have to be closed; he stated that Botetourt County started exploring different options; he further stated that Botetourt County contacted Salem in August about the possibility of using Salem’s Solid Waste Transfer Station to meet its solid waste needs; the Director of Finance further stated that Salem’s Transfer Station has excess capacity to meet the City’s needs, as well as that of others; he stated that the agreement would begin January 1, 2008, and continue until June 30, 2016, which is also the same time that the City’s contract with Waste Management ends; he further stated that Waste Management handles the disposal and burial of the waste, and transportation of the waste from Salem to Amelia County; he stated that Botetourt County itself does not handle waste removal, they use private haulers for waste removal; he stated that the private haulers contracted with Botetourt County will bring the waste to Salem’s Solid Waste Transfer Station, approximately 30 to 35 thousand tons per year, and Salem will bill the private haulers the cost paid by Salem for transportation and disposal plus a surcharge of $3.50 per ton generating approximately $105,000 in annual revenue for the City with little , if any, additional cost; he requested that Council give consent to approve this agreement subject to review by the City Attorney and additional staff, if necessary, and to be executed by the proper City officials; and WHEREAS, Councilman Foley questioned if the contract could be amended if the amount of waste being brought to the Transfer Station from Botetourt County increased significantly; and WHEREAS, the City Attorney stated that the contract could be amended as long as both parties agree; and 21 WHEREAS, a discussion was held regarding the proposed agreement; ON MOTION MADE BY COUNCILMAN CLEMENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, an agreement between the City of Salem and the County of Botetourt for Salem to handle solid waste services for commercial haulers was hereby approved subject to review by the City Attorney, and the proper City officials are hereby authorized to execute the said agreement -- the roll call vote: all – aye. There being no further business to come before the Council, the same on motion adjourned at 8:45 p.m.