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HomeMy WebLinkAbout7/13/2020 - City Council - Minutes - RegularCi ty Counci l Meeti ng M INUTES Monday, July 13, 2020, 6:30 P M Community Room, Salem Civic Center, 1001 Roanoke Boulevard, Salem, Virginia 24153 1.C all to Order A regular meeting of the Council of the City of Salem, Virginia, was called to order at 6:30 p.m., there being present all the members to wit: Renee F. Turk, Mayor, J ames W. Wallace, III, Vice-Mayor, C ouncil members: Byron Randolph Foley, William D. J ones, and J ohn E. Saunders; with Renee F. Turk, Mayor, presiding; together with J ames E. Taliaferro, II, City Manager; Rosemarie B. J ordan, Director of Finance; C harles E. VanAllman, J r., C ommunity Development Director; Mike Stevens, C ommunications Director; J udy L. Hough, Deputy C ity Clerk; C rystal L. Williams, Assistant to the C ity Manager; and Stephen M. Yost, City Attorney. 2.Pledge of Allegiance 3.C onsent Agenda A.Work Session Hold work session to discuss the revised service agreement for the Roanoke Valley Detention Commission and other items deemed necessary. Mr. Taliaferro noted that J im Guynn, attorney for the Roanoke Valley Detention C ommission, is present and ready to discuss the revised service agreement. J im Guynn appeared before the Council and gave Council an update related to the Roanoke Valley Detention C ommission and the revised service agreement. Ms. J ordan also discussed the costs to the City of Salem related to the revised service agreement. T here were no other topics for discussion, and no action was taken on this item during the work session. B.Citizens' Comments Receive comments from the public on matters not on the regular agenda. (Name, address, and topic are required and five-minute time limit.) T here were no citizens' comments for this meeting of Council. C .Minutes Consider acceptance of the minutes from the J une 22, 2020, regular meeting, J une 20, 24, 29 and J uly 6, 2020, special meetings, and J uly 1, 2020, organizational meeting. Accepted 4.Old Business A.Vacation of Right of Way Receive report of viewers and consider ordinance on first reading permanently vacating and disposing of an approximate 0.0069 acres of an 12' unopened alley situate off West Second Street for Ricky Reynolds. (As advertised in the J une 4 and 11, 2020, issues of the Salem Times Register.) Mr. VanAllman noted he believed the unopened right of way existed prior to the houses being constructed in this area. T he owner of the property at 306 West Second Street would like to vacate the right of way in order to build a larger house, and this will also help with the setback required. T he unopened right of way is not being used, and there are no utilities located in the right of way. Mr. Taliaferro noted the viewers met last week to discuss this request and recommend approval. A copy of the report of the viewers is included C ouncil's packet. William J ones motioned to approve the ordinance on first reading permanently vacating and disposing of an approximate 0.0069 acres of a 12' unopened alley situate off West Second Street for Ricky Reynolds. Randy Foley seconded the motion. Ayes: Foley, J ones, Saunders, Turk, Wallace B.Special Exception P ermit Consider the request of Salem Montessori School, Inc., property owner, for the issuance of a Special Exception Permit to allow educational facilities, primary/secondary on the property located at 1574 Roanoke Boulevard (Tax Map # 222-1-2). (C ontinued from the J une 22, 2020, meeting. Planning C ommission recommended approval; see Page 3 Planning Commission minutes). STA FF REPO RT - I tem amended Mayor Turk noted this item had been continued from the J une 22, 2020, meeting of C ouncil, the Planning C ommission had recommended approval, and their minutes were included in the packet. Mr. VanAllman discussed the Special Exception Permit request. He noted the petitioner is proposing to use their previous building on the Boulevard. He noted that they were grandfathered in this location, but the grandfather rights have expired because the building has been vacant for more than two years. T hey are proposing to use the building at 1/2 capacity from what it was previously. T he Planning C ommission recommended approval with two conditions: (1) only 1st through 8th grade classes are permitted and (2) no more than 60 students and 6 staff members. Mr. Foley noted there was a question raised at the last meeting about the number of parking spaces. He asked if staff had been out to find out how many spaces, etc. Mr. VanAllman noted that staff had been out and just from looking at it he believes that they can easily get ten spaces on the property, but they can at least meet the six spaces required for the staff members. Mr. J ones asked about the flow of traffic as he has been to the site twice. He is concerned about the traffic with the 60 students they are proposing. Mr. VanAllman noted he believes that the traffic will not be an issue like it was when they were previously in this building. T hey had all age groups in the building before which included day care, kindegarteners, and smaller children. T his required the parents to have to park the car and go in with the children. From what he understands from Mrs. Vanderhooven, the parents will be able to drop the children off without parking, and there will be someone outside to facilitate this. T his should improve the flow of traffic. He noted that he cannot say there will not be any issues, but they should not have the same concerns that they had previously. Mr. J ones asked if the petitioner was in the audience. Mayor Turk asked Mrs. Vanderhooven to come forward to the podium. Valerie Vanderhooven, founder/directress of Salem Montessori School, appeared before the C ouncil. Mayor Turk asked her what are the hours of operation for the school. Mrs. Vanderhooven noted that they are open from 7 am to 6 pm Monday through Friday. Mayor Turk asked what times would be the crunch times. Mrs. Vanderhooven noted that the students would need to be there by 8 am so between 7:45 and 8:15 am would be the busiest time. T here was further discussion regarding the previous traffic issues. Mrs. Vanderhooven noted that since the time they were in this buidling they built their new facility next the Y MC A. Now due to the C O VID pandemic, they need to reoccupy the old campus so they can spread the students out more and still serve all the students that are currently enrolled. T hey would not be able to serve them in the fall, if they are not able to occupy this structure. She does not foresee the traffic being a problem because the students will be able to get out of the car and enter the school. Also, there will be a maximum of 60 students with 6 full-time staff members, maybe a maintenance person occasionally, and she may be on the campus some as well. T here was further discussion regarding the drop off of students and the flow of traffic. Mrs. Vanderhooven noted that the parents will drop off the students and then continue on Albert Drive and come out on Easton Road to the Boulevard. Mr. Saunders asked if Council could request that a staff member be stationed outside at the drop off. Mrs. Vanderhooven noted that there would be someone at the top of the stairs to meet the students. So, he is asking for another staff member to be outside? Mr. Saunders noted that this was correct. She noted that she would have to take a look and see if there is another staff member she could place outside. Mr. Saunders noted that he is concerned about the parents turning around and going back on Alberta to the Boulevard. Mrs. Vanderhooven noted that they are going to meet with the parents and explain that they cannot use driveways to turn around and go back on Alberta. T hey will have to continue on Alberta to Easton. She noted that they will stress this to the parents and if they do not cooperate, then their students will not be be allowed to continue at the school. Mr. J ones asked if this was going to be permanent fix or just a temporary location for the school. Mrs. Vanderhooven noted that it will be a permanent location due to the amount of work they are going to have to do to make this possible. Vice Mayor Wallace asked if this is a permanent location, then she is asking C ouncil to reinstate the grandfather clause as permanent. Mrs. Vanderhooven noted that he was correct. She noted that they will keep this as their elementary and middle school campus from now on. Vice Mayor Wallace asked if she would object if C ouncil approved the Special Exception for only one year to see if they are able to meet their promises and then they could revisit this again. Mrs. Vanderhooven noted that she probably would object if she had to come back. She probably would not accept the number of students that she currently has enrolled, if she had to do this. She noted that she could not make the investment that she is having to do for just one year, and then be told that she could not continue at this location. T his is already a huge financial burden. Vice Mayor Wallace asked staff if the grandfathered use of the school meets the vision of the City for the use of the land at this location. Mr. VanAllman noted that the grandfather use for the school stopped because it had not been used in this manner for more than two years. He noted that the zoning for the property which is RB Residential Business does meet the vision of the C ity for this area, and the use of the property for educational facilities, primary/ secondary is a permitted use with the approval of the Special Exception Permit. It does meet the vision because we would not allow the use as a Special Exception otherwise. He further discussed the proposed use and noted staff feels that the nature of the drop off is more congruent for this type of use at this location. Mr. J ones noted that if they do not abide by what they have agreed to in the request, then C ouncil has a right to revoke the permit. Is that correct? Mr. VanAllman noted that he thought that they could. Mr. Yost noted that C ouncil could revoke the permit by the same process in which it is granted. Mr. Yost further noted that C ouncil can set whatever appropriate conditions on a Special Exception Permit if they choose to do so. T his is what the Planning C ommission did when they placed the two conditions on it at their meeting. If C ouncil so chooses, they could place a condition that addresses the traffic. Elizabeth C uret of 1600 Albert Drive appeared before the Council. She noted that she had been to the other two meetings regarding the request. She is not really opposed, but she is concerned about the parking and the way the parents drive around the neighborhood. She asked if this could all be moot if the schools are not allowed to open because of C O VID. Will they be under the state or city rules for opening? Mr. Yost noted if the Governor determines that schools will not open, private or public, then the school will not be allowed to open. She further noted that she is not opposed, but she will be watching to make sure the parents are following the school's instructions. Randy Foley motioned to approve the request of Salem Montessori School, Inc., property owner, for the issuance of a Special Exception Permit to allow educational facilities, primary/secondary on the property located at 1574 Roanoke Boulevard (Tax Map #222-1-2) subject to the following conditions: (1) only 1st through 8th grade classes, (2) no more than 60 students and 6 staff members, and (3) appropriate written instructions will be provided by the school to direct parents to enter on Alberta Drive and continue to Easton Road back to Roanoke Boulevard in order to prevent the use of private driveways as turnarounds. William J ones seconded the motion. Ayes: Foley, J ones, Saunders, Turk, Wallace 5.New Business A.Roanoke Valley Broadband Authority Consider the adoption of Resolution 1388 approving the Roanoke Valley Broadband Authority membership changes shown in the Authority's Amended and Restated Articles of Incorporation, and authorize their filing with the Virginia State Corporation Commission. Mr. Taliaferro noted the Roanoke Valley Authority currently has members from Salem, Roanoke C ity, Roanoke County and Botetourt C ounty along with a citizen member that is generally appointed by the four local governments. T he General Assembly passed an amendment to the Virginia Wireless Service Authorities Act which allows seven members on the Broadband Authority. T he Authority would like to add Virginia Tech and Carilion Clinic to the local board which will add the resources from Virginia Tech along with their partner, Carilion Clinic. He noted that Frank Smith, C EO of the Roanoke Valley Broadband Authority, is in the audience. Frank Smith, C EO of the Roanoke Valley Broadband Authority, appeared before the C ouncil regarding the request. He noted that the Board has been working on this for about a year and a half. T hey have the opportunity to bring on the C hief Information Officers at Virginia Tech and Carilion Clinic as citizen members. T hey will be citizen members just like Mr. Mike McEvoy, who is the Executive Director of the Western Virginia Water Authority. He thanked Council for Salem's support, as they are up to over 100 miles in the ground. T hey have 65 service points and multiple commercial carriers, etc. He further discussed the request regarding adding two new citizen members to the Authority and noted he appreciated City C ouncil's support and consideration of the resolution before them this evening. Randy Foley motioned to adopt Resolution 1388 approving the Roanoke Valley Broadband Authority membership changes shown in the Authority's Amended and Restated Articles of Incorporation, and to authorize their filing with the Virginia State Corporation Commission. J ohn Saunders seconded the motion. Ayes: Foley, J ones, Saunders, Turk, Wallace B.Abstract of Votes Receive the Abstract of Votes cast at the Republican Primary Election held on J une 23, 2020. Received C .Appropriation of F unds Consider request to appropriate additional highway maintenance funding from the state for paving. Audit - Finance C ommittee Mrs. J ordan discussed the request to appropriate additional highway maintenance funding from the state for the paving contract. J ames Wallace motioned to appropriate additional highway maintenance funding from the state in the amount of $1,720,663 for the paving work to be done in fiscal year 2021. Randy Foley seconded the motion. Ayes: Foley, J ones, Saunders, Turk, Wallace D.Appropriation of F unds Consider request to appropriate Animal Shelter donation. Audit - Finance Commitee Mrs. J ordan discussed the request to appropriate a donation to the Animal Shelter. In February 2020, the Shelter received a donation in the amount of $90,000 from the Estate of Robert Gordon Page. At the end of J une 2020, the Shelter received an additional donation of $72,720 from the Estate. Staff is requesting Council to appropriate the donation to beginning fund balance as the funds were received during the last week of the last fiscal year. She noted that she has been in touch with Chief Mike Crawley and discussed the use of the donations. He would like to spend some of the donation money on something they can attach a plaque to in order to show the family or person that the funds came from them. He would like to upgrade the cage system to a much nicer, much more animal friendly and more welcoming to the citizens coming in to potentially adopt an animal. Staff is looking into this. Once they have expended the money for that, they will come back to C ouncil to let them know where the department would like to spend the rest of the funds. William J ones motioned to appropriate the Animal Shelter donation in the amount of $72,720 to be used for the care and basic needs of the animals at the shelter. J ames Wallace seconded the motion. Ayes: Foley, J ones, Saunders, Turk, Wallace E.Appropriation of F unds Consider request to appropriate Keep Virginia Beautiful Grant funds. Audit - Finance C ommittee Mrs. J ordan discussed the request to appropriate the Keep Virginia Beautiful Grant funds. T he City of Salem has been awarded $1,000 from the Keep Virginia Beautiful 30 in 30 Green Grants program. T he C ity's Beautification Division will use the funds to restore the WWI Memorial green space, including plantings indicative of World War memorial gardens. T He Roanoke/Salem American Legion Post will be providing volunteers to assist with the restoration. Because the grant was received at the end of J une and no funds were expended, we will need to carry the money over to the current fiscal year. Proceeds from the grant will be used to restore the green space, which was not included in the budget. Randy Foley motioned to appropriate the Keep Virginia Beautiful Grant funds in the amount of $1,000 to be used to restore the WWI Memorial green space. William J ones seconded the motion. Ayes: Foley, J ones, Saunders, Turk, Wallace F.Appropriation of F unds Consider request to appropriate funding for boiler replacement at the Civic Center. Audit - Finance C ommittee Mrs. J ordan discussed the request to appropriate funding for boiler replacements at the C ivic Center. In J une 2020, bonds were sold to fund Salem High School renovations and C ity equipment purchases. One of the items on the list of purchases was the replacement of two boilers at the C ivic Center. Bond proceeds are accounted for in the C apital Projects Fund and will be transferred to the C ivic C enter fund as expenses are paid. T he C ivic Center fund budget will be increased to account for the transfer from capital projects and the project funding. J ohn Saunders motioned to appropriate funding in the amount of $109,000 for the boiler replacements at the C ivic Center. Randy Foley seconded the motion. Ayes: Foley, J ones, Saunders, Turk, Wallace G.Appropriation of F unds Consider request to appropriate funds to purchase pollbooks for the Registrar's Office. Audit - Finance Committee Mrs. J ordan discussed the request to appropriate funds to purchase pollbooks for the Registrar's Office. Funding was available in the 2019 fiscal year budget to purchase pollbooks; however, the State did not approve the type of equipment to be purchased so the pollbooks were not purchased and no funds were expended. New pollbooks have to be purchased before the presidential election in November 2020. T he State has now approved the equipment to be purchased. Staff is requesting to appropriate the funds to purchase the equipment for the Registrar's Office. Steve Smeltzer appeared before the Council and thanked them for their support of the office. He noted the office is revered by the State, and they try to be as efficient as they can. T he present pollbooks are 12 years old, and they are having problems with several of them. So, he urged C ouncil to appropriate the funds for the equipment. William J ones motioned to appropriate funds in the amount of $36,290 to purchase pollbooks for the Registrar's Office. Randy Foley seconded the motion. Ayes: Foley, J ones, Saunders, Turk, Wallace H.Boards and Commissions Consider appointments to various boards and commissions. Mr. J ones noted that he will volunteer to remain on the Western Virginia J ail Authority until the end of December. Mayor Turk thanked Mr. J ones for agreeing to stay on this board until that time. Randy Foley motioned to reappoint Melton J ohnson to the Fair Housing Board for a three-year term ending J uly 1, 2023 and to appoint J ay Taliaferro to the Western Virginia Workforce Development Board for the remainder of a four-year term ending J une 30, 2022. William J ones seconded the motion. Ayes: Saunders, J ones, Foley, Wallace, Turk William J ones motioned to appoint J ohn Saunders and J ames Wallace to the Audit Finance Committee. Randy Foley seconded the motion. Ayes: Saunders, J ones, Foley, Wallace, Turk Randy Foley motioned to appoint Renee Turk to the Roanoke Valley Transportation Planning Organization (T PO) for a three-year term ending J une 30, 2023. J ames Wallace seconded the motion. Ayes: Foley, J ones, Saunders, Wallace Abstain: Turk 6.Adjournment Vice Mayor Wallace noted he would like to discuss video streaming C ouncil meetings with the members. Mayor Turk stated Council can put this up for consideration and discussion. C ouncilmember Foley noted that he thought Council needed to have some time to think about this so maybe this could be considered as a future work session topic. Mayor Turk noted that she thought that sounded good. T he meeting was adjourned at 7:24 p.m.