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HomeMy WebLinkAbout7/13/2020 - City Council - Agenda -RegularSalem City Council Work Session Agenda July 13, 2020 Salem Civic Center 1001 Roanoke Boulevard, Salem 6:30 p.m. Discussion Items a. Revised service agreement for the Roanoke Valley Detention Commission b. Video streaming of Council meetings c. Review of Public Comment Procedures Ci ty Council Meeting A G E N D A Monday, July 13, 2020, 6:30 PM Community Room, Salem Civic Center, 1001 Roanoke Boulevard, Salem, Virginia 24153 1.C all to Order 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 C ommission and other items deemed necessary. 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.) C .Minutes C onsider 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. 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.) B.Special Exception P ermit C onsider 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 Commission recommended approval; see Page 3 Planning C ommission minutes). STA FF REPO RT - I tem amended 5.New Business A.Roanoke Valley B roadband Authority C onsider 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 C orporation C ommission. B.Abstract of Votes Receive the Abstract of Votes cast at the Republican Primary Election held on J une 23, 2020. C .Appropriation of F unds C onsider request to appropriate additional highway maintenance funding from the state for paving. Audit - Finance C ommittee D.Appropriation of F unds C onsider request to appropriate Animal Shelter donation. Audit - Finance Commitee E.Appropriation of F unds C onsider request to appropriate Keep Virginia Beautiful Grant funds. Audit - Finance Committee F.Appropriation of F unds C onsider request to appropriate funding for boiler replacement at the C ivic C enter. Audit - Finance C ommittee G.Appropriation of F unds C onsider request to appropriate funds to purchase pollbooks for the Registrar's Office. Audit - Finance C ommittee H.B oards and Commissions C onsider appointments to various boards and commissions. 6.Adjournment Audit F inance Committee Meeting has been canceled. City Council Meeting MINUTES Monday, June 22, 2020, 6:30 PM South Salem Elementary School, Cafeteria, 1600 Carolyn Road, Salem, Virginia 24153 1.Call 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: Byron Randolph Foley, Mayor, Jane W. Johnson, Vice-Mayor, Council members: William D. Jones; James A. Martin, and John E. Saunders; with Byron Randolph Foley, Mayor, presiding; together with James E. Taliaferro, II, City Manager; Rosemarie B. Jordan, Director of Finance; Judy L. Hough, Deputy City Clerk; Crystal L. Williams, Assistant to the City Manager; Clark Ruhland, Communications Specialist; and Stephen M. Yost, City Attorney. 2.Pledge of Allegiance 1.Remote Participation Statements Consider approval of remote participation statements from Council members who wish to participate remotely for this meeting. No statements were needed for this meeting of Council. 3.Consent Agenda A.Resolution 1382 Amendments Consider amendments to Resolution 1382, procedures for public comment period at Salem City Council meetings (adopted at the June 8, 2020, meeting). Supplemental Item Mayor Foley noted that this is the inaugural meeting for citizens' comments. Council has been discussing this for the past couple months and has come up with a set of guidelines for public comment periods at Council meetings. Before we hear from the citizens this evening, Mr. Taliaferro has suggested that Council codify the guidelines. Mayor Foley discussed the public comment procedures guidelines. He noted that there is one item he remembers that is not included which is that the speaker must stay on topic. They will not be permitted to sign up for a topic and then talk about multiple topics. Item # 3CDate: July 13, 2020 T here were comments from the audience about speaking at the meeting this evening, and it was noted that the speakers were there regarding one of the Special Exception Permit requests. Mr. Taliaferro noted Council has also suggested that we limit the time for each speaker to five minutes per comment period. J ames Martin motioned to amend Resolution 1382 by adding the following: (a) the speaker must submit their name, address, and topic for submission when they sign up to speak, (b) the time limit per speaker will be five minutes, and (c) the speaker must stay on the topic they signed up for in the submission. J ane J ohnson seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders B.Citizens' Comments Comments from the public on matters not on the regular agenda. (Name and address are required and limited time according to the number of speakers.) Mayor Foley noted that we have three citizens who have signed up officially to speak this evening. He noted that Ms. Hilary Harveycutter would like to speak, and he asked her to come forward. Hilary Harveycutter, 413 Bowman Avenue, thanked C ity C ouncil for the opportunity to come and speak. She noted it was exciting to be the very first to speak. She noted because the nature of her comments are on police reform she believes that it is only natural for her to acknowledge the recent passing of retired Lieutenant Mike Brightwell for his service to the community. She asked everyone for a moment of silence for him. She noted the recent deaths of G eorge Floyd, Grant Taylor, and numerous other black Americans who have died recently. She noted that we are seeing an unprecedented level of anger, and it it not very often that a national fury really interrupts the calm in Salem. But she feels that these issues affect us as well. She further discussed these issues and asked that as a community we need to be able to investigate claims of injustice by our police force. She called for the creation of a civilian review board with full investigative duties. She further discussed the review board and noted that this will help to keep the Salem Police Department accountable. She further discussed her ideas for police reform in the C ity of Salem. J ohn Breen,142 Bogey Lane, appeared before the C ouncil. He noted that this is a historic meeting. He noted that we have never had an agenda item for the public to speak. He congratulated C ouncil for catching up from 1965. He noted a couple of items from the guidelines for public speaking. He thinks we can do better than once a month to speak. He noted if we had five speakers at every meeting who spoke for four minutes we would only devote 480 minutes a year to letting C ouncil hear the public speak at meetings, and he believes there are lots of members of the public who would like the opportunity to speak. T he second thing is not being able to speak about the same topic at consecutive meetings. He stated this does not make a lot of sense because the topic may still be unresolved. T he speaker must be a Salem resident or own a Salem business. He asked what about the people who own rental property in the C ity but do not live in the C ity. Surely their voice should be heard. Last but not least if he was an investor willing to put some money into the C ity shouldn't he be able to speak at a C ouncil meeting. He thinks the answer is yes to all of those. He further discussed that C ity Council nor the Planning Commission have any rules that govern them. He implored Council to get some rules that govern C ouncil and also the Planning C ommission. He further discussed communications from the public to C ity C ouncil. He believes those communications need to be recognized at C ouncil meetings and also made it a part of the minutes. Donald R. J ohnson, 2932 West Club Drive, appeared before the C ouncil. He thanked C ouncil for the opportunity to speak. He noted that when he first moved here in 1996, he noticed that Roanoke C ity and Roanoke C ounty had closed circuit tv for their meetings, but Salem never had an idea what that was. He noted that if his church can have services on Facebook, Salem could do the same. He encouraged C ouncil to consider this so that citizens would have the opportunity to know what is going on in the community. He believes that Salem City C ouncil needs to consider transparency and to encourage citizens to speak and let their feelings be known to the C ouncil. T he initial rules for the public address to C ouncil are very restrictive. We need to look at those rules and see if we can address them on an individual basis to try to reign things in. He further noted that a lot of people are concerned about what has happened as a result of the Simms rezoning. First thing is as far as the property as far as he can tell nothing has happened there. T he grass has grown up. What did the C ity do in response to the rezoning -- they created a huge mess on Franklin Street. T his did not have to be done yet, and it turned out to be a disaster. T he C ity needs to think about actions they do in haste to try to solve something that is not needed by the City and certainly not needed to be done in a rush. Further, he noted the changes made on A pperson Drive, and he does not see where that has helped. He also noted fire hydrants in the C ity were brought up at the Simms rezoning, and he has never heard any assurance from the C ity regarding what is being done to make sure the fire hydrants are working. C .Minutes Consider acceptance of the minutes from the J une 8, 2020, regular meeting. Accepted as presented D.F inancial Report Consider the acceptance of the Statement of Revenues and Expenditures for the eleven months ending May 2020. Received 4.Old Business A.Budget Ordinance Consider ordinance on second reading adopting the budget for the 2020-2021 fiscal year. William J ones motioned to adopt an ordinance on second reading adopting the budget for the 2020-2021 fiscal year. J ohn Saunders seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders B.Budget Appropriation Ordinance Consider ordinance on second reading appropriating funds for the 2020-2021 fiscal year budget. William J ones motioned to adopt an ordinance on second reading appropriating funds for the fiscal year 2020-2021 budget. J ane J ohnson seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders 5.New Business A.Special Exception P ermit Hold public hearing to consider the request of Laura Owen, dba Breaking Ground Investments, LLC , property owner and Mount Regis Center, lessee, for the issuance of a Special Exception Permit to allow an outpatient mental health and substance abuse clinic on the property located at 120 Roanoke Boulevard (Tax Map # 121-9- 3) with proffered conditions. (Advertised in the J une 4 and 11, 2020, issues of the Salem Times Register. Recommend approval; see Page 2 Planning Commission minutes). STA FF REPO RT Mayor Foley stated notice of such hearing had been published in the J une 4 and 11, 2020, issues of the Salem Times Register and the Planning C ommission had recommended approval of the Special Exception Permit. Staff noted the following regarding the request: the subject property consists of a single parcel of approximately 0.186 acres, located on the south side of Boulevard, near the intersection with South C olorado Street. T he property is occupied by a single-story office building with parking in the rear. T his request is to renew the existing Special Exception Permit for an additional two years, in order to allow Mount Regis Center to continue to operate their out-patient counseling services from this location. All existing conditions would continue. T he existing conditions are: 1. T he permit will be for a period of two years. 2. T he request is limited for the purposes of business offices, outpatient counseling, family counseling, and public education. In particular, this means no medications will be stored, dispensed, or associated in any way with these services at this location. 3. T he hours of operation for the counseling services will be from 12 PM to 9:30 PM, Monday through Friday only. Mr. VanAllman noted when this request was initially brought before Council one of the conditions was that it would be for a period of two years. T hat time has been exceeded, and this request is to renew the existing Special Exception Permit with the same conditions and an additional two years. T here was some discussion regarding when the Special Exception would go into effect, and it was noted that if the request is approved it would go into effect this evening. C urt Lane, C EO of Mount Regis Center, 125 Knotbreak Road, appeared before the C ouncil explaining the Special Exception Permit request. He noted that they are requesting an extension until they can find another location. T hey were in the process of finding another location until C O VID-19 hit which has slowed their process. He further noted once a patient graduates from the in-patient facility then they come to this location for outpatient counseling, etc. T here are no drugs dispensed or associated in any way with these services at this location. He further explained that their work has increased exponentially. Further, they are provide an essential service to the community at this location as they are able to catch a lot of patients who are early on in their substance abuse history and help to prevent them from having to go to an in-patient facility. T hey try very hard to put themselves out of business but unfortunately the demand is growing almost faster than they can keep up with. T here is a lot of stigma associated with their work and he believes it is important to note that in the past year they have treated approximately 1,000 patients. T hey have treated doctors, lawyers, pharmacists, nurses, police officers, firemen, etc. T he work that they do is crucial to the community. Vice Mayor J ohnson noted he had partially answered one of her questions about the increase in the number of patients they are treating. T he other question she has is have they had to increase their hours in order to handle the growth of the population that is coming to see them. Mr. Lane noted that they have had to add to their services at this location, but they have not had to increase the hours. T hat remains relatively the same which is from 12 pm to 9:30 pm. T hey have had to add another level of service at this location which is a step down from the intensive outpatient counseling. Research has shown that the longer they stay engaged with the patients the better the outcome. Mr. Martin thanked Mr. Lane for the services that they provide to the communit. He thinks the business case is admirable, and he appreciates all that they do. He noted when we initially approved this request this was supposed to be a temporary location. He asked prior to C O VID-19 was any work done on finding another location for this part of the business. Mr. Lane noted yes there actually were plans. T hey had plans to grow the business in a specific direction that would allow them to provide even more services not only for outpatient but also inpatient, but the corporate ownership at Acadia Healthcare changed so all those plans got put on hold. He kept pitching their needs to grow and expand but unfortunately there was not one at corporate to hear this. T he new ownership has settled in and he has for them to take a look at this again. He further noted that prior to C O VID-19 they had actually looked at some real estate to tie into the plans. Mr. Martin asked if the plans to either take over an existing structure or build a new one, would this be in the C ity of Salem. Mr. Lane noted that yes they are looking to stay in Salem. He again noted unfortunately that their work is growing exponentially. Further, there is drug use in every community in this area, and the facts are we will have either have drug use in our back yards or treatment in our back yards. Mr. Martin noted that when the Special Exception Permit request was first approved there was some concern on how this would affect the surrounding businesses in the neighborhood. He asked Mr. Lane if he has heard of any issues or complaints between then and now due to the business at this location. Mr. Lane noted that he was not aware of any complaints. He noted that one of the concerns when this was first approved was that they share a parking lot with the bank next door. T hey had a survey done and had the parking lot marked off and have directed traffic to let them know where they could park. So they have tried very hard to be a good neighborhood. Police or law enforcement have never been called to this facility and there has not been any complaints that he is aware of since they have been at this location. Mr. Martin noted sometimes things happen that might not result in a police activity report. He asked if there any of those types of issues, and Mr. Lane noted that he was not aware of any. Mr. Martin noted that C ouncil members some times hear from business owners, etc. complaints about things going on in Salem. He stated that he had heard from one of the local restaurant owners who has had some issues, and he does not know if it is a direct result of the counseling center across the street or not. He discussed one instance where a gentleman was seen leaving the center. He had gone to a place on Main Street had a beverage or two and then came back to this restaurant and was hanging around. T he restaurant had closed and the owner had the money bags as he was going to the bank and the gentleman came up asking for a handout. He noted that just because there was no police report does not mean there might not be an issue. He asked that Mr. Lane do what he can to further police and coach the people who participate in the classes to try to help themselves as well as the neighbors. Mr. Lane noted that he would be glad to do that. He also stated he would invite anyone who has a problem to contact the facility and let them know if there is an instance such as this. Mr. Martin noted with the new direction and willingness from corporate to look at growth plans is there already short list of potential buildings or sites in place or are they putting together next steps in the process. So, if C ouncil approves the request this evening is the goal to ride out the two years or will they do something sooner than later. Mr. Lane noted that this is a very valid question and that he had simplified his explanation earlier when he was talking about the growth plans. T here is a lot more to it as they have put a lot of time and research in the process already, so they are not starting from scratch. Corporate is aware of the timeline and knows that the clock is ticking. T here was further discussion regarding a new location and also about the former location on Kimball Avenue. Mr. Lane noted that they could rebuild on the property on Kimball Avenue, but he has fought corporate to not rebuild at that location due to the number of homes that have been built around this location. Further, if they were to rebuild at this location, with the growing demand for their services, they would be back in three or four years looking for a larger facility. T here was further discussion regarding the current location and the search for larger facilities. Mr. Martin noted he did not know if it could be part of the motion, but he encouraged Mr. Lane to communicate early and often with the C ity regarding their search for new facilities. Mr. Lane noted that he agreed with Mr. Martin. Mr. J ones noted that he lived next door to the facility on Kimball Avenue for 14 years and one of his parents still lives in the house. He is only aware of one problem during that time period. He does not understand why they would not want to go back to this location just because a few more houses have been built. It has more parking than they have at the current location. He asked Mr. Lane why not go back to that location. Mr. Lane noted that the property is not very large as it is somewhat of a triangle. T he old building was grandfathered and was too close to the road. In order to rebuild, they would have to set the building back which confines the size of the building even more and given the growth they are experiencing, it would be a very short term solution to rebuild there. T here was further discussion regarding the hours for the classes and for the facility. Mayor Foley opened the public hearing and asked if there was anyone to speak regarding this request. J oe Baba, owner of J oe's Deli, 115 Roanoke Boulevard appeared before the C ouncil in regards to the request. He noted that he could not hear Mr. Lane very well. He noted that he said if there was an issue or problem that he needed to contact him. Was that correct? Mayor Foley noted what he heard was that he should communicate any issues with the business, Mount Regis. Mr. Baba noted there was an incident where he felt his life was threatened and he had to call the police to ask them to watch his business while he went back in. T hen who does he needs to call. Mayor Foley noted that if he felt threatened then he should contact the police. Mr. Baba said he was not physically threatened, but he needs to know who does he need to contact at Mount Regis. It was noted that if there is an issue that comes up, and if there is an immediate threat, then he should contact the police. But, if an instance comes up and he believes that the person has come from counseling center, then he needs to contact the person in charge at the counseling center across the street and make them aware of the incident. He asked when the deadline ended for the current two year period for the Special Exception permit. It was noted that the date was May 2017. Mr. Baba noted that then the two years has gone by. Further, in the past year he has had at least three different incidents happen to him at his business. He further discussed the different incidents. He does not know if the people he came into contact with are part of the outpatient center or not, but it seems like they were. He further noted that he does not have parking for his business at some times during the day because there are meetings going on across the street. He noted that he has found another location because he does not want to have to deal with being across the street from an outpatient abuse clinic that helps people but intimidates people like him that work all day. He wants C ouncil to know that this clinic has pushed him away. T his was not the right location for this clinic. Mayor Foley thanked Mr. Baba for his comments. Richard Smith, owner of Spartan Silkscreen, 107 Roanoke Boulevard appeared before the Commission. He noted that this is not about what Mount Regis does for the community, the good that they do, how long they have been in Salem, etc. T his is about them coming to City and telling us that this is only a temporary location. He contacted the C ity and got a copy of the minutes. He stressed that this was discussed numerous times when they came before Council the last time that this was going to be a temporary location for them. T hey stated they would be rebuild at the old location as soon as they got permission to demolish the building. T hey told us that they would only need two years at this location, and they would have the building rebuilt. He noted that he is not making this up - it is documented. He further noted that this comes down to money as Mr. Lane noted that this is in their corporate headquarters' hands. In addition, they were only supposed to be having meetings from 12 to 9 pm. Once they moved in, they noticed that every Friday morning there was no parking on the street. People are outside the building on the street and also in front of his business which is almost a block up the street. His employees had to park in J oe's lot because there was no parking on the street. He is only asking C ity C ouncil to hold them accountable to their word - what they said they were going to do. In his opinion, they need to hold up their end of the bargain. He further noted that if C ouncil decides to past this tonight, then make it for a year and make them come back and report to the C ity on a monthly basis as to what their plans are. Mayor Foley asked if there was anyone else to speak. T here was no response, and the public hearing was closed. Mayor Foley asked Mr. Lane if they had signed a one or two year lease. Mr. Lane noted that he was not sure that is might be year to year, and he would have to check on this. T here was further discussion regarding the issuance of the Special Exception Permit, conditions to be placed on the permit, and the need for Mount Regis' services in the community. Mayor Foley asked what would be the point of the quarterly progress reports if we are saying at the end of the year we are not going to renew the permit. Mr. J ones noted he believes that this will open up the conversation if they need our help, etc. Further, we want them to stay in Salem. We want to be part of the solution and provide them help if they need help. Further, it was noted that if this passes this evening and the one year goes by, then the permit will expire, and they will lose that use for the building. William J ones motioned the request of Laura and Robert Owen, property owners, and Mount Regis Center, lessee, for the issuance of a Special Exception Permit to allow an outpatient mental health counseling center on the property located at 120 Roanoke Boulevard (Tax Map #121-9-3) be approved with the following conditions: (1) T he permit will be for a period of one year; (2) the request is limited for the purposes of business offices, outpatient counseling, family counseling, and public education. In particular, this means no medications will be stored, dispensed or associated in any way with these services at this location; (3) the hours of operation for the counseling services will be from 12 PM to 9:30 PM, Monday through Friday only; and (4) quarterly reports to be made to the Community Development Director reflecting progress being made to acquire another permanent location for this outpatient clinic. J ane J ohnson seconded the motion. Ayes: Foley, J ohnson, J ones, Saunders Nays: Martin B.Special Exception P ermit Hold public hearing to 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). (Advertised in the J une 4 and 11, 2020, issues of the Salem Times Register. Recommend approval; see Page 3 Planning C ommission minutes). STA FF REPO RT Mayor Foley stated notice of such hearing had been published in the J une 4 and 11, 2020, issues of the Salem Times Register and the Planning C ommission had recommended approval of the Special Exception Permit. Staff noted the following regarding the request: the subject property consists of a single parcel of approximately 0.5 acres, located on the southwest corner of Boulevard - Roanoke and Alberta Drive, across from the General Electric facility. T he property is occupied by a converted two-story dwelling which was previously used as a Montessori school. T his request is to issue a Special Exception Permit to allow Salem Montessori to use this facility again. Prior to building their new school on the “Elizabeth C ampus”, this was their primary facility. After moving, this location remained vacant for a period of longer than two years and lost its grandfathering, thus a new permit must be issued for it to be used again. Mr. VanAllman discussed the Special Exception Permit request. He noted that the Planning C ommission has imposed two conditions: (1) only 1st through 8th grade classes and (2) no more than 60 students and 6 staff members. Mayor Foley opened the public hearing and asked if there was anyone to speak regarding this request. Sallie Noonkester, adjacent property owner at 1604 Roanoke Boulevard, appeared before the C ouncil. She noted that she operated a counseling business at that location for many years. It was a nightmare being neighbors with the Montessori School. She still gets upset thinking about it after all these year. She had issues with them using her parking places for her business. She posted the property, contacted the police department, and even talked to the parents who were parking on her property. She has no reason to believe that anything is going to change this time if they move back in this property. It was out of control when she operated her business there. She further discussed the proposed use of the property, parking, and noted that she is totally opposed if this Special Exception Permit is approved for this business at this location. Eric Noonkester, adjacent property at 1604 Roanoke Boulevard, appeared before the Council. He noted that there has to be a code on how many parking spaces you have to have for a business and sure they have parking, but they do not have enough. When the school was in this building before, all the parking was taken up by staff so when the parents came to drop off or pick up their children, the whole street was blocked up with cars, and people parking in their parking lot. He asked if the C ity is following any codes on the parking requirements for this business. T hey feel really abused by the school and put up with it for ten years. Further, if this Special Exception Permit is approved, what is the C ity going to do to protect their property rights. Elizabeth Curet, 1600 Albert D rive, appeared before the C ouncil. She is adjacent to the property. She agrees with the some of Noonkester's comments. In the past there has been a lot of issues with parking, etc. She attended the Planning Commission meeting, and Mrs. Vanderhooven assured them that there would not be as much traffic as before because the students are from 1st to 8th grade. T here will not be any secondary, toddlers or babies. She feels this will be a lot better because the older children will be get out of the car and enter the school. If there is a problem, she will come back and let the C ity know but for right now Mrs. Vandehooven had assured the neighbors that there is enough parking for the teachers in the front and there is some parking on the street. In addition, they will instruct the parents to come in on the Boulevard and to exit on Easton Road. Mrs. Koonkester asked how many parking spaces they have there now. She does not know how they are going prevent them from parking on their property again. Mayor Foley asked if there was anyone else to speak. T here was no response, and the public hearing was closed. Mr. Martin asked how are the number of parking spaces required determined. Is it based on the number of employees? Mr. VanAllman discussed the parking requirements and noted that Planning C ommission placed two conditions, and one of those is no more than 60 students and 6 staff members. Mr. Martin asked if this was for secondary education, too. It was noted that it would be 1st through 8th grades. Mr. VanAllman noted that there had been issues in the past with the parking, but basically it should 1/2 of the amount that was there originally. Mr. Martin asked if the enforcement would be through their office or through the Salem Police Department. Mr. VanAllman noted it would depend. If they are parking on private property, then the enforcement would be through the police department; however, if they violate the zoning or the conditions of the Special Exception Permit, then that would be through his office. If his office determines that they are in violation, then they would have to come back to the Planning C ommission and City C ouncil to amend those conditions. Mr. Yost noted if the school has more than six staff members there on a consistent basis, then the remedy is that C ity C ouncil can revoke their Special Exception Permit. Mr. J ones asked how many parking spaces do they currently have. Mr. VanAllman noted that is not sure how many spaces they have but they will guarantee they will have enough spaces for the staff members. Mr. J ones noted he thinks we need to delay taking action on this request until the next meeting so we determine the number of parking spaces and make sure it meets the requirements. Vice Mayor J ohnson noted she has questions too if there are 8 grade levels how will they do that with six teachers. Mr. VanAllman noted he is not sure but he believes there are probably seven spaces. C ouncil members noted they thought it would feasible to continue this item to the next meeting in order to determine the number of parking spaces, etc. William J ones motioned to continue 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) to the J uly 13, 2020, meeting. J ane J ohnson seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders C .Special Exception P ermit Hold public hearing to consider the request of Professional Auto Towing & Service, Inc., property owner, for the issuance of a Special Exception Permit to allow automobile repair services, major on the properties located at 707 and 711 Kesler Mill Road (Tax Map #s 34-1-2.1 and 34-1-2). (Advertised in the J une 4 and 11, 2020, issues of the Salem Times Register. Recommend approval; see Page 5 Planning C ommission minutes). STA FF REPO RT Mayor Foley stated notice of such hearing had been published in the J une 4 and 11, 2020, issues of the Salem Times Register and the Planning C ommission had recommended approval of the Special Exception Permit. Staff noted the following regarding the request: the subject property consists of a two parcels of approximately 0.8 acres, located on the west side of Kesler Mill Road, just south of Parkway Brewing. T he property is occupied by an office and associated automobile repair buildings. T his request is to legitimize and expand a grandfathered use. C urrently, “Major” automobile repair services are allowed in HBD by Special Exception Permit only. T he existing facility likely predates this requirement and is allowed as a grandfathered use. However, the owners would like to add a second floor to an existing building, which would expand the use. In order to allow this expansion, a Special Exception Permit is required, which removes the grandfathering. Mr. VanAllman discussed the Special Exception Permit request. He noted that this is a grandfathered situation as the business has been operating here for many years. T hey would like to add a second story in order to accommodate a little room for office and clerical space but, with the changes this makes the grandfathered rights void. Mr. Barney Horrell with Brushy Mountain Engineering PLLC , representing the property owner, appeared before the C ommission explaining the Special Exception Permit request. T he business, Professional Auto Towing and Service, has been providing automobile repairs and towing services at their location on Kesler Mill for three generations. In early J une 2019 the business suffered a structural fire which has resulted in a loss of more than half of their garage bays and all of our office space. T hey have continued to operate in the remaining garage space and doing the office and support services from home. T hey remain committed to serving the Salem community and are planning some improvements and an expansion to the building to create much needed office space. T he existing building and business operation are allowed as a grandfathered use in the HBD zoning. HBD does allow for vehicle repairs and towing with a Special Exception for use type "Automobile Repair Services, Major." With this application, they are requesting a Special Exception to bring the business use into compliance with the current zoning classification of the property. T here has been a slight change in the business plan of the business. It currently is major auto repair but the business plan is to move more to a recovery and road side assistance than it is to do major repairs on site. So there will be fewer customer cars coming into the business on a daily basis. He further noted the property owners were in attendance if the C ouncil had any questions for him. Mayor Foley opened the public hearing and asked if there was anyone to speak regarding this request. C orbin Battaglia, 710 Kesler Mill Road, appeared before the Council. He noted he has been there about 15 years, and they have been good neighbors. He is a business man and he understands this is their lively hood and how they put food on the table. He tries to be a good neighbor and they look out for each other. Since the building burnt down and they demolished it, they kept the fence up which is good; however, now there are two eighteen wheelers coming in and he thinks they are doing short runs. T he trucks are coming and going in the mornings and the evenings. His concern is the trucks are sitting there idling and the lights are shining in his windows. T his is his main concern because he does not want to see them adding more of these 18 wheelers to their fleet. Vice Mayor J ohnson asked if the property owner(s) wanted to respond to Mr. Battaglia. Mr. Horrell noted they do have a couple 18 wheeler tractors that are there on the lot and a couple of low boys kept on the back of the property. One of the things that will happen as part of the site plan review process for the proposed addition will be landscaping and buffers. He further discussed this how this will help to screen the vehicles from the neighbors. In addition, it is a matter of training drivers to not fire up the vehicles for an excessive amount of time before leaving. Mr. J ones asked if the vehicles could be started up behind the building. Mr. Horrell noted he did not think it was a problem for the vehicles to be behind the building. Mr. C hristian, property owner, noted that he was not aware of the vehicles being started up this long. Usually five or six minutes should be the maximum they are idling. Mr. Horrell asked the property owner if they were willing to commit that the vehicles would not idle for more than five or six minutes, and it was noted that they would commit to this. Mayor Foley noted that he was looking for clarification. Obviously, towing is part of the business. After reading the Planning C ommission minutes, they had asked how many vehicles would be on site. Nothing was communicated in this that they would have tractor trailer vehicles at the business. Mr. Horrell noted that there was some concern at the Planning C ommission by C ommissioners about the storage of vehicles and of course, towing and recovery is part of the business. T here are limitations as to how many salvage vehicles can be stored on their property. T hey have to be properly screened and meet all the zoning requirements. T hey currently store vehicles that are recovered on off-site properties and not so much on this property. Once the vehicles are brought to this property, it is for very short term until they can either open up space on one of the off-site storage lots or to determine what garage to take it to to get it serviced. J ane J ohnson motioned that the request of Professional Auto Towing & Service, Inc., for the issuance of a Special Exception Permit to allow automobile repair services, major on the properties located at 707 and 711 Kesler Mill Road (Tax Map #s 34-1-2.1 and 34-1-2) be approved. William J ones seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders D.Vacation of Right of Way Hold public hearing and consider adoption of Resolution 1387 appointing viewers to consider permanently vacating and disposing of an approximate 0.0069 acres of a 12’ unopened alley situate off West Second Street. (As advertised in the J une 4 and 11, 2020, issues of the Salem Times Register.) Mr. VanAllman noted the City has received a request to vacate this unused section of right of way off West Second Street. T he property owner would like to combine it with their property. Staff has looked at this and is not aware of any issues. Ricky Reynolds, 324 C hestnut Street, appeared before the Council. He runs Reynold Home Improvements and would like to build a single family dwelling on this property. He noted that the alley is impeding on the setback required for the structure so this is why he is requesting to vacate it. Mayor Foley opened the public hearing and asked if anyone would like to speak on this matter. T here was no response, and the public hearing was closed. William J ones motioned to adopt Resolution 1387 appointing viewers to consider permanently vacating and disposing of an approximate 0.0069 acres of a 12' unopened alley situate off West Second Street. J ohn Saunders seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders E.2019-2020 Annual Audit Consider closing certain C ity offices to the public on Wednesday, J uly 1, 2020, to facilitate the annual audit. (C ommissioner of the Revenue and Treasurer) Mr. Taliaferro noted the City operates on a fiscal year that runs J uly 1st to J une 30th. In order to help close out the books for the previous year, the request is to close the Treasurer and C ommissioner of the Revenue offices on this date. William J ones motioned to close the C ommissioner of the Revenue and Treasurer's offices to the public on Wednesday, J uly 1, 2020, to facilitate the annual audit. J ames Martin seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders F.Book of Rates - 2020 Consider the adoption of Resolution 1383 regarding the Book of Rates for 2020. Audit - Finance C ommittee Mr. J ones noted the Audit Finance Committee met this morning to discuss this request. T he Committee reviewed the request and recommends the adoption of Resolution 1383 amending the Book of Rates and Fees for the 2020-2021 fiscal year. William J ones motioned to adopt Resolution 1383 amending the Book of Rates and Fees for the 2020-2021 fiscal year. J ohn Saunders seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders G.Miscellaneous F ees - 2020 Consider the adoption of Resolution 1384 related to Miscellaneous Fees for 2020. Audit - Finance C ommittee Mr. J ones noted the Audit Finance Committee also discussed this request. T he C ommittee has reviewed the Miscellaneous Fees for 2020 and recommends adoption of Resolution 1384 amending the fees for 2020-2021. William J ones motioned to adopt Resolution 1384 amending the Miscellaneous Fees for 2020-2021. J ames Martin seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders H.Salem School Div ision Budget Consider adoption of Resolution 1385 approving the Salem School Division fiscal year 2020-2021 budget. Audit - Finance C ommittee Mr. J ones noted the Audit Finance Committee also discussed this request. T he C ommittee reviewed the Salem School Division budget for fiscal year 2020-2021 and recommends adopting Resolution 1385 approving the budget. William J ones motioned to adopt Resolution 1385 approving the Salem C ity Schools fiscal year 2020-2021 budget. J ames Martin seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders I.Approv al of E lectric Rates Consider adoption of Resolution 1386 amending the Book of Electric Rates. (Audit - Finance Committee) Mr. J ones noted the Audit Finance Committee also discussed this request. T he C ommittee reviewed the proposed Electric Rates for fiscal year 2020-21 and recommends adopting Resolution 1386 amending the Book of Electric Rates. William J ones motioned to adopt Resolution 1386 amending the Book of Electric Rates for 2020-2021. J ames Martin seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders J .F iscal Agent Agreements Consider approval of the fiscal agent agreements with Court-Community Corrections and Cardinal Criminal J ustice Academy. Audit - Finance C ommittee Mr. J ones noted the Audit Finance Committee reviewed the fiscal agent agreements for Court C ommunity Corrections and Cardinal Criminal J ustice Academy and recommends approval for fiscal year 2020-21. William J ones motioned to approve the fiscal agent agreements for C ourt C ommunity Corrections and Cardinal Criminal J ustice Academy for fiscal year 2020-21. J ohn Saunders seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders K.Appropriation of F unds Consider request to amend the School Operating Fund, School Grants Fund and the School C apital Projects Fund budgets as approved by the School Board on J une 9, 2020. Audit - Finance C ommittee Mr. J ones noted the Audit Finance Committee reviewed the request to amend the School Operating Fund, Grants Fund and Capital Projects Fund budgets as approved by the School Board on J une 9, 2020 and recommends approval. William J ones motioned to amend the School Operating Fund, Grants Fund and C apital Projects Fund budgets as approved by the School Board on J une 9, 2020. J ane J ohnson seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders L.Appropriation of F unds Hold a public hearing to consider amending the fiscal year 2019-2020 budget to appropriate C A RES Act funding. Audit - Finance C ommittee Mr. J ones noted the Audit Finance Committee discussed the request to appropriate the C A RES Act funding in the amount of $1,707,415 to local allocation and $500,000 to Salem Economic Development Authority and recommended approval. William J ones motioned to approve the appropriation of the C A RES Act funding in the amount of $1,707,415 to local allocation and $500,000 to Salem Economic Development Authority. J ane J ohnson seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders M.Appropriation of F unds Consider request to appropriate $30,188,183 in FY20 bond proceeds for capital projects. Audit - Finance C ommittee Mr. J ones noted the Audit Finance Committee reviewed the request to appropriate $30,188,183 in General Obligation Bond proceeds to the Capital Projects Fund and recommends approval. William J ones motioned to appropriate $30,188,183 in General Obligation Bond proceeds to the C apital Projects fund per the report submitted. J ames Martin seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders N.P roposed Tax Rates for F iscal Year 2020-2021 Hold a public hearing on the effective real estate tax rate for fiscal year 2020-2021. Audit F inance/Supplemental I tem Mr. J ones noted the Audit Finance C ommittee reviewed the proposed real estate rates for 2020-21 and recommends holding the public hearing with no change in the tax rates for 2020-21. Mayor Foley opened the public hearing and asked if there was anyone to speak on this request. T here was no response and the public hearing was closed. William J ones motioned to approve the proposed real estate tax rate for fiscal year 2020-21. J ames Martin seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders O.Boards and Commissions Consider appointments to various boards and commissions. William J ones motioned to appoint Dale Guidry to the Roanoke Regional Airport C ommission for a four-year term ending J une 30, 2024. J ane J ohnson seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders P.Real E state Tax E xemption Deadline Emergency Ordinance Consider the adoption of an ordinance on emergency basis to temporarily extend the time period for the filing of applications, affidavits and certifications for real estate tax exemptions for the elderly and disabled as a result of the pandemic disaster. Supplemental I tem Mayor Foley noted we have a supplemental item related to an extension of the Real Estate Tax relief exemption deadline. Mrs. J ordan noted that we have a request for an emergency ordinance to extend the application period for filing real estate tax exemptions for the elderly and disabled. T he filing period is typically from J uly 1st to August 31st. Due to the pandemic, it will be difficult for some of our citizens to get in to the C ommissioner of the Revenue's office. T hey have requested to extend the deadline to September 15. T his will allow them to have time to appropriately meet with citizens one on one and to clean the area between meetings to provide a safe environment. Mr. Yost noted that this is a temporary amendment to the ordinance that will remain effective through September 15th, and on September 16 the amendment will automatically be null. J ames Martin motioned adopt an ordinance on emergency basis to temporarily extend the time period for the filing of applications, affidavits and certifications for real estate tax exemptions for the elderly and disabled as a result of the pandemic disaster. J ane J ohnson seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders Q.Utility Serv ices P enalty E xtension Consider extending the deadline for penalties on utility payments to J uly 31, 2020, in order to provide proper notification to citizens. Supplemental I tem Mr. Taliaferro noted that the penalties on the Utility payments will expire on J une 30, 2020. He asked if Council would consider moving that date to J uly 31st so staff can have an opportunity to remind citizens that the penalties are going to restart. He noted that they can get this out in the next utility bills. Mayor Foley noted that it was his understanding that proper notification had not been given to let citizens know that this was ending. Mr. Taliaferro noted that this was correct. J ane J ohnson motioned to extend the deadline for penalties on utility payments to J uly 31, 2020, in order to provide proper notification to citizens. J ames Martin seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders R.Serv ice Disconnections for Utility Customers Extension Consider extending the service disconnections for utility customers to August 31, 2020, for failure to timely pay for utlilty services as a result of the pandemic disaster. Supplemental I tem Mr. Taliaferro noted the SC C has an extension on utility cutoffs until August 31, 2020. Would C ouncil be receptive with us being parallel with this date? Mayor Foley asked if we had to be legally. Mr. Yost noted that we do not have to. William J ones motioned to extend the service disconnections for utility customers to August 31, 2020, for failure to timely pay for utility services as a result of the pandemic disaster. J ohn Saunders seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders 6.Adjournment Mayor Foley noted this has been an eventful last meeting for two C ouncil members who will be leaving Council on J une 30th officially. He noted it had been an honor to serve with both of them. He thanked them both for their service to the community, friendship, and being a colleague. Mr. Martin thanked Mayor Foley for his comments. It has been truly an honor to serve on this body, to make the friendships he has made and to serve the public. He hopes that he has filled the bill. Mr. Saunders noted that he echoes what the Mayor has said. He appreciates the friendship and the guidance and keeping him on the right track. He noted that he does expect to hear their opinions in the future. Further, he appreciates what they have done for the community and for him personally. Mr. J ones noted that he and Mrs. J ohnson have served together for 12 years. From 2008 to 2016, the three of them have shared some very hard times and made some very hard decisions. Luckily the last four years have been somewhat productive for the community as far as moving forward. He think it is exciting that we have finally come to a conclusion on the high school project. It has been an honor and pleasure to serve with them. He appreciates their friendship and he is honored and proud to have been able to serve with them. Mr. Martin noted it is very eye opening to see the quality of staff that we have and to see how professional we are. It is impressive. Vice Mayor J ohnson noted it sounds so cliche to say it is an honor to serve, but it really is. She noted that so few people have the opportunity to serve on Council. It is quite humbling when she thinks back about the time she has served. T he most rewarding thing for her has been how even though in times they have had their differing opinion, they have always come to together to make Salem a better place. T hey always say to leave a place better than you found it, she would like to think that she has been able to do this. But it not just her as is it we as a team because she could not have done it without the rest of Council. As far as the staff goes, some of her proudest moments as a C ouncilperson has been related to compliments that the staff gets, which happens almost every day. She thanked staff for everything and for making her look good. Mayor Foley thanked Vice Mayor J ohnson and Mr. Martin and noted he hoped they would continue to serve the C ommunity as they know we have lots of needs on committees, boards, etc. It is an honor to serve at any level in the community. Godspeed to both of them. T he meeting was adjourned at 8:40 p.m. City Council Special Meeting M INUTES Saturday, June 20, 2020, 8:30 AM South Salem E lementary School, Kiva Room, 1600 Carolyn Road, Salem, Virginia 24153 1.C all to Order A special meeting of the C ouncil of the C ity of Salem, Virginia, was called to order at 8:30 a.m., there being present all the members to wit: Byron Randolph Foley, Mayor, J ane W. J ohnson, Vice-Mayor, C ouncil members: William D. J ones, J ames A. Martin, and J ohn E. Saunders; with Byron Randolph Foley, Mayor, presiding; and together with J ames E. Taliaferro, II, C ity Manager, and Council members elect, Renee Turk and J im Wallace. 2.Pledge of Allegiance 3.C losed Session A.Closed Session Hold a Closed Session in accordance with the provisions of Section 2.2- 3711A(1) of the 1950 C ode of Virginia, as amended, for a discussion and consideration of specific prospective candidates for the Assistant City Manager position. J ane J ohnson motioned to move to closed session at 8:30 a.m. in accordance with the provisions of Section 2.2-3711A(1) of the 1950 Code of Virginia, as amended, to discuss a personnel matter pertaining to a specific prospective candidates for the Assistant C ity Manager position. William J ones seconded the motion. Ayes: Saunders, Martin, J ones, J ohnson, Foley J ane J ohnson motioned to reconvene at 12:45 p.m. and that in accordance with Section 2.2-3712D of the C ode of Virginia, 1950 as amended to date, C ouncil hereby certifies that in C losed Session only items lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and only such items identified in the motion by which the Closed Session was convened were heard, discussed, or considered by the Council. J ames Martin seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders 4.Adjournment T he meeting was adjourned at 12:50 p.m. City Council Special Meeting M INUTES Wednesday, June 24, 2020, 8:00 AM South Salem E lementary School, Kiva Room, 1600 Carolyn Road, Salem, Virginia 24153 1.C all to Order A special meeting of the C ouncil of the C ity of Salem, Virginia, was called to order at 8:00 a.m., there being present all the members to wit: Byron Randolph Foley, Mayor, J ane W. J ohnson, Vice-Mayor, C ouncil members: William D. J ones, J ames A. Martin, and J ohn E. Saunders; with Byron Randolph Foley, Mayor, presiding; and together with J ames E. Taliaferro, II, C ity Manager, and Council member elect, Renee Turk. 2.Pledge of Allegiance 3.C losed Session A.Closed Session Hold a Closed Session in accordance with the provisions of Section 2.2- 3711A(1) of the 1950 C ode of Virginia, as amended, for a discussion and consideration of specific prospective candidates for the Assistant C ity Manager position. J ane J ohnson motioned to move to closed session at 8:00 a.m. in accordance with the provisions of Section 2.2-3711A(1) of the 1950 Code of Virginia, as amended, to discuss a personnel matter pertaining to a specific prospective candidates for the Assistant C ity Manager position. William J ones seconded the motion. Ayes: Saunders, Martin, J ones, J ohnson, Foley J ane J ohnson motioned to reconvene at 11:14 a.m. and that in accordance with Section 2.2-3712D of the C ode of Virginia, 1950 as amended to date, C ouncil hereby certifies that in C losed Session only items lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and only such items identified in the motion by which the Closed Session was convened were heard, discussed, or considered by the Council. William J ones seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders 4.Adjournment T he meeting was adjourned at 11:15 a.m. City Council Special Meeting M INUTES Monday, June 29, 2020, 4:00 P M South Salem E lementary School, Kiva Room, 1600 Carolyn Road, Salem, Virginia 24153 1.C all to Order A special meeting of the C ouncil of the C ity of Salem, Virginia, was called to order at 4:00 p.m., there being present all the members to wit: Byron Randolph Foley, Mayor, J ane W. J ohnson, Vice-Mayor, C ouncil members: William D. J ones, J ames A. Martin, and J ohn E. Saunders; with Byron Randolph Foley, Mayor, presiding; and together with J ames E. Taliaferro, II, C ity Manager, and Council members elect, Renee Turk and J im Wallace. 2.Pledge of Allegiance 3.C losed Session A.Closed Session Hold a Closed Session in accordance with the provisions of Section 2.2- 3711A(1) of the 1950 C ode of Virginia, as amended, for a discussion and consideration of specific prospective candidates for the Assistant C ity Manager position. J ane J ohnson motioned to move to closed session at 4:00 p.m. in accordance with the provisions of Section 2.2-3711A (1) of the 1950 C ode of Virginia, as amended, to discuss a personnel matter pertaining to a specific prospective candidates for the Assistant C ity Manager position. William J ones seconded the motion. Ayes: Saunders, Martin, J ones, J ohnson, Foley J ane J ohnson motioned to reconvene at 5:11 p.m. and that in accordance with Section 2.2-3712D of the C ode of Virginia, 1950 as amended to date, C ouncil hereby certifies that in C losed Session only items lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and only such items identified in the motion by which the Closed Session was convened were heard, discussed, or considered by the Council. J ames Martin seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders 4.Adjournment T he meeting was adjourned at 5:12 p.m. City Council Special Meeting M INUTES Monday, July 6, 2020, 4:30 P M City Hall, Council Chambers, 114 N. Broad Street, Salem, VA 24153 1.C all to Order A special meeting of the C ouncil of the C ity of Salem, Virginia, was called to order at 4:30 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; and together with J ames E. Taliaferro, II, City Manager. 2.Pledge of Allegiance 3.C losed Session A.Closed Session Hold a closed session in accordance with the provisions of Section 2.2- 3711A(1) of the 1950 C ode of Virginia, as amended, to discuss a personnel matter pertaining to the appointment of an Assistant City Manager. J ames Wallace motioned to move to closed session at 4:30 p.m. in accordance with the provisions of Section 2.2-3711A (1) of the 1950 C ode of Virginia, as amended, to discuss a personnel matter pertaining to the appointment of an Assistant C ity Manager. William J ones seconded the motion. Ayes: Saunders, J ones, Foley, Wallace, Turk J ames Wallace motioned to reconvene at 5:47 p.m. and that in accordance with Section 2.2-3712D of the C ode of Virginia, 1950 as amended to date, C ouncil hereby certifies that in C losed Session only items lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and only such items identified in the motion by which the Closed Session was convened were heard, discussed, or considered by the Council. Randy Foley seconded the motion. Ayes: Foley, J ones, Saunders, Turk, Wallace 4.Adjournment T he meeting was adjourned at 5:48 p.m. UNAPPROVED MINUTES COUNCIL MEETING July 1, 2020 An Organizational Meeting of the Council of the City of Salem, Virginia, was held in Council Chambers, City Hall, 114 North Broad Street, on July 1, 2020, at 9:00 a.m., there being present all the members of said Council, to wit: Byron R. Foley, William D. Jones, John E. Saunders, Renee F. Turk, and James W. Wallace, III; together with James E. Taliaferro, City Manager; Mike Stevens, Communications Director; Judy L. Hough, Deputy City Clerk; Stephen M. Yost, City Attorney; and Honorable J. Christopher Clemens, Circuit Court Judge for the 23rd Judicial Circuit in the Commonwealth of Virginia, and the following business was transacted: It was noted that, in accordance with Section 4.6 (a) of the Charter of the Code of the City of Salem, Virginia, this date and time had been designated as an organizational meeting of Council due to the election of two members of Council and the expiration of the terms of the Mayor and Vice Mayor of the City of Salem; and WHEREAS, it was noted that a press release was emailed to the news media and others on June 23, 2020, providing notification of the organizational meeting; ON MOTION MADE BY COUNCIL MEMBER SAUNDERS, SECONDED BY COUNCIL MEMBER JONES, AND DULY CARRIED, James E. Taliaferro, II, City Manager, was hereby elected Temporary Chairman of the Council for this meeting of Council -- the roll call vote: all aye. WHEREAS, the Acting Chair Taliaferro reported that William D. Jones was reelected to Salem City Council for a four-year term commencing July 1, 2020, and ending June 30, 2024; and Renee F. Turk and James W. Wallace, III, were elected to Council for a four-year terms commencing July 1, 2020, and ending June 30, 2024; further, the Honorable J. Christopher Clemens is here to administer the oaths of office to Mr. Jones, Mrs. Turk and Mr. Wallace; and WHEREAS, the Honorable J. Christopher Clemens, administered the Oaths of Office required by law as a member of Council to William D. Jones, Renee F. Turk and James W. Wallace, III; and 2 WHEREAS, the Honorable J. Christopher Clemens will properly file the Oaths of Office for Mr. Jones, Mrs. Turk, and Mr. Wallace; and WHEREAS, the Acting Chair Taliaferro thanked the Council members and stated the next order of business was to elect a Mayor for the City of Salem and Vice Mayor for the City of Salem for two-year terms; and WHEREAS, Council Member Foley noted that in the past Council has gone into Closed Session to have a discussion regarding the appointments of Mayor and Vice Mayor; a few years ago a Circuit Court in Virginia ruled that a public body could not go into a Closed Session for this purpose because this is an election of the Mayor and Vice Mayor, not an appointment; he misinformed Council members because he had forgotten about this, but Mr. Yost reminded Mr. Taliaferro who reminded him that Council could not go into Closed Session even though historically this is what has been done up until a few years ago; and WHEREAS, Council Member Saunders nominated William D. Jones for the office of Mayor of the City of Salem; Acting Chair Taliaferro noted we have a motion for Mayor, is there a second; Council Member Jones seconded the motion; and WHEREAS, Acting Chair Taliaferro asked if there were any other nominations for Mayor; and WHEREAS, Council Member Foley noted that it has been an honor and privilege to serve as Mayor of the City of Salem for the last 12 years; he is proud of what we have accomplished despite the economy, the pandemic, leadership changes, and cutbacks at the federal and state level over the past dozen years; his colleagues interpret the results of last month’s election differently than he does; they conclude he no longer deserves the privilege of serving as Mayor of the city for the next two years; although disappointed in their opinion, he is honored to make the following motion; it is about time it is her time, and most importantly it is our time; and 3 WHEREAS, Council Member Foley nominated Renee F. Turk for the office of Mayor of the City of Salem; Council Member Wallace seconded the motion; and WHEREAS, Acting Chair Taliaferro noted that there are two motions on the table for the office of Mayor; he asked Mr. Yost if he could provide assistance in this matter; and WHEREAS, Mr. Yost noted under these circumstances in that we have two nominations for Mayor, he believes the best process is simply to call on each Council member to state the name of their preference, assuming there are no other nominations, and whoever gets three votes will be the new Mayor; and WHEREAS, Acting Chair Taliaferro asked if there were any further nominations for the office of Mayor, hearing none the nominations were closed; he asked if there was any other discussion, hearing none he asked the Deputy City Clerk to call the role -- the roll call vote being as follows: Renee F. Turk – Mrs. Turk, James W. Wallace, III – Mrs. Turk, John E. Saunders – Mr. Jones, William D. Jones – Mr. Jones, and Byron Randolph Foley – Mrs. Turk. WHEREAS, Acting Chair Taliaferro stated Mrs. Turk is the new Mayor; and THEREUPON, the Honorable J. Christopher Clemens administered the Oath of Office required by law to Renee F. Turk for the office of Mayor, and the same will be filed by the City. WHEREAS, Mayor Turk assumed the duties of the presiding officer and requested nominations for the office of Vice Mayor; and WHEREAS, Councilman Foley nominated James W. Wallace, III, for the office of Vice Mayor of the City of Salem; and ON MOTION MADE BY COUNCIL MEMBER FOLEY, SECONDED BY MAYOR TURK, AND DULY CARRIED, nominations were closed for the office of Vice Mayor of the City of Salem, and James W. Wallace, III, was hereby elected Vice Mayor of the City of Salem for a two-year term beginning July 1, 2020, and ending June 30, 2024 -- the roll call vote: all aye. 4 THEREUPON, the Honorable J. Christopher Clemens administered the Oath of Office required by law to James W. Wallace, III, for the office of Vice Mayor, and the same will be filed by the City. WHEREAS, Katherin Elam, Secretary of the City of Salem Electoral Board, presented framed Certificates of Election to William D. Jones, Renee F. Turk, and James W. Wallace, III, on behalf of the City of Salem Electoral Board and the City of Salem Registrar's Office. There being no further business to come before the Council, the same on motion adjourned at 9:17 a.m. CITY OF SALEM ITEM 3C PLANNING COMMISSION STAFF REPORT Prepared by: Meeting Date: City Administrative Staff June 10, 2020 Report prepared: June 2, 2020 RE: Hold public hearing to 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 Boul evard (Tax Map # 222 - 1 - 2). SITE CHARACTERISTICS: Zoning: RB Residential Business Land Use Plan Designation: Commercial Existing Use: Vacant Proposed Use: Educational Facilities – Primary/Secondary BACKGROUND INFORMATION: The subject property consists of a single parcel of approximately 0.5 acres, located on the southwest corner of Boulevard - Roanoke and Alberta Drive, across from the General Electric facility. The property is occupied by a converted two-story dwelling which was previously used as a Montessori school. This request is to issue a Special Exception Permit to allow Salem Montessori to use this facility again. Prior to building their new school on the “Elizabeth Campus”, this was their primary facility. After moving, this location remained vacant for a period of longer than two years and lost its grandfathering, thus a new permit must be issued for it to be used again. ISSUES: The applicant has stated the intended use of the property as being for 1st through 8th grade students. However, this statement would not be enforceable without being placed as a condition. Item # 4B Date: July 13, 2020 April 24, 2020 Dear Executive Secretary of the City of Salem Planning Commission, I'm writing to you for the approval of a Special Exception Permit for the Salem Montessori School property located at 1574 Roanoke Blvd. Salem. The Salem Montessori School occupied the property from 1993 to 2017 as a school/daycare for 23 years until we built new facilities at 101 and 107 Corporate Blvd in Salem. We have had the property at 1574 Roanoke Blvd on and off the market for the past three years with little interest. We want to move our Elementary and Middle School programs back to the property at 1574 Roanoke Blvd as soon as possible in preparation for the start of the 2020-2021 school year. We currently have a total of 35 students in our elementary and middle school programs. We will accept a total of 40 students for this coming school year, 2020-2021. The maximum number of students accepted into each program, Elementary and Middle school, is 30 for a total of 60 students. We will start the 2020-2021 school year with four full-time staff members on the campus with a maximum of 6 staff members at one time. When we last occupied the property, we had approximately 97 students and 20 staff members. The buildings received a new roof in the last six months, along with interior painting throughout. The front ramp is currently being brought up to code. No other construction is needed at this time to successfully provide an Elementary and Middle School program at this facility. Our older students need more space for their supplemental learning curriculum, including our award-winning Robotics team (won at regional and state levels multiple years in a row, and advanced to the world competition in Detroit in 2019), music, and art, along with gardening and STEM programs. Moving our Elementary and Middle School programs back to 1574 Roanoke Blvd. will provide our students with the additional space they require for optimal learning. I hope you will seriously consider our petition for approval of a Special Exception Permit for our property located at 1574 Roanoke Blvd for the use of Salem Montessori School's Elementary & Middle School students. Valerie Vanderhoeven Founder/Directress 540.314-5906 valerie@salemmontessori.org AG - Agriculture District BCD - Business Commerce District CBD - Community Business District CUD - College/University District DBD - Downtown Business District HBD - Highway Business District HBD/HM - Highway Business/Heavy Manufacturing District HBD/LM - Highway Business/Light Manufacturing District HM - Heavy Manufacturing District LM - Light Manufacturing District LM/HM - Light Manufacturing/Heavy Manufacturing District MHP - Manufactured Home Park District PUD - Planned Unit District RB - Residential Business District RMF - Residential Multi-Family District RMF/RB - Residential Multi-Family/Residential Business District RSF - Residential Single Family District RSF/HBD - Residential Single/Highway Business District RSF/LM - Residential Single Family/Light Manufacturing RSF/RB - Residential Single Family/Residential Business District RSF/RMF - Residential Single Family/Residential Multi-Family District RSF/TBD - Residential Single Family/Transitional Business District TBD - Transitional Business District EXISTING ZONING FUTURE LAND USERoanoke Boulevard Roanoke Boulevard Alberta Drive E asto n R o a d Alberta Drive Ahlers Resub., PB 6, PG 91 Fairfield (Revised), PB 2, PG 115 (RC) F airfield (R evise d), P B 2, P G 11 5 (R C) G.E. Drives & Controls, Inc., PB 11, PGS 3, 4 Judah Land LLC, PB 15, PG 41 13 14 15A New Lot 8A 19 18 18 19 13 14 15 16 22 21 20A A B 17B-1A17B-117B 17B-2A 17B-2 17A 3 4 2 16 6 5 9 11A 17 20 6 12 1 2 3 9 10 11 60 30 3 0 60 30 30 1.1 1 2.1 2 3 1 2 4 17 8 2 1 1 2 2 4 3 5 6 3 8 9 10 2.2 2.1 7 281.60 213.71 85.25 9 9 . 1 7 884.42 65.00 65.00 65.00 65.00 77.00 195.00 355.25 299.90 200.10 100.00 65.00 142.40 142.40 142.40 142.40 150.00 150.00 150.00 150.00 142.40 65.00 65.00 65.00 65.00 221.10 150.00217.80 77.0065.00 565.90 489.07 9.80 245.07 245.07 100.25 31.12 80.05 107.20 107.20 107.20 203.21 108.76 100.00 188.68 112.80 35.71 78.47 60.00 105.00 100.00 157.80 113.20 79.08 113.20 79.08 436.52 217.80 142.40 65.00 65.00 65.00 65.00 65.00 65.00 110.55 74.21 209.00 79.07 39.54 118.61 113.20 113.20113.20 142.40 71.20 131.46 230.54 580.00 293.60 79.07 97.00 94.09 49.48 98.96 49.48 39.54 118.6165.83 35.0 0 91.64 270.68 118.00 118.00 150.003 1 2 1 2 1534 1544 1574 1625 1629 1609 1621 1600 1602 1610 1614 Alberta Dr 1640 1 0 1 5 1 0 2 1 1603 1604 1611 1630 1618 1612 1604 1516 1620 1.27 Ac. 2.575 Ac. 0.292 Ac. 0.208 Ac. 6.309 Ac. 0 100 20050 Feet±1 inch = 100 feet JUNE PLANNING COMM ISSION ITEM 21574 R OAN OKE BLVD. CITY OF SALEM Community Development DepartmentP.O. Box 869Salem, Virginia 24153-0869Phone: (540) 375-3032 Tax Parcel 222-1-2 Buildings Parcels City Limits Commercial Downtown Economic Development Area Industrial Institutional Mixed Use Public Parks and Recreational Residential Transitional Tax Parcel 222-1-2 Buildings Parcels City Limits Planni ng Commi ssi on Meeti ng M INUTES Wednesday, June 10, 2020, 7:00 PM City Hall, Council Chambers, 114 N. Broad Street, Salem, VA 24153 1.C all to Order A regular meeting of the Planning C ommission of the C ity of Salem, Virginia, was called to order at 7:00 p.m., there being present all the members to wit: Vicki G. Daulton, C hair; Denise P. King, Vice Chair; Reid A. Garst II, N. J ackson Beamer, and Neil L. Conner; with Vicki G. Daulton, Chair, presiding; together with Mary Ellen Wines, Zoning Administrator, and Benjamin W. Tripp, C ity Planner. Neil Conner motioned to appoint Mary Ellen Wines as Executive Secretary Pro Tem for this meeting of the Planning C ommission. N. J ackson Beamer seconded the motion. Aye: C onner, Beamer, Garst, King, Daulton D U E TO AN E QU I P ME N T MAL F U N C T I ON, T H E SE MI N U T E S WE RE P RE PARE D WI T HOU T T HE U SE OF AN AU D I O RE C ORD I N G. 2.Pledge of Allegiance 3.C onsent Agenda A.Minutes Consider acceptance of the minutes from the February 12, 2020, work session and regular meeting. Accepted as presented 4.New Business A.P rocedures for Electronic P ublic Meetings and P ublic Hearings Consider the adoption of a resolution to allow procedures for electronic public meetings and public hearings to ensure the continuity of government during the C O VID-19 pandemic disaster. Mr. Tripp discussed the proposed Remote Participation Policy for consideration of the Planning C ommission to allow limited participation of two members electronically at Planning C ommission meetings. He noted this has been provided for and allowed under the Freedom of Information Act for a number of years. C ity C ouncil and the Salem School Board have each adopted a policy. He also discussed a proposed resolution for consideration by the Planning C ommission to allow procedures for electronic public meetings and public hearings to ensure the continuity of government during the C O VID-19 pandemic disaster. He noted the resolution would allow all encompassing electronic meetings pursuant to Section 15.2-1413 of the State C ode. It is limited to circumstances that are defined as a “disaster” and can remain in effect for a 6-month period. C ity Council has approved an Emergency Ordinance, and the School Board has also approved the Resolution incorporating the Emergency Ordinance of City C ouncil. T he Economic Development Authority and the Board of Equalization have approved them as well. Vice C hair King motioned to approve the Remote Participation Policy for meetings of the Planning C ommission of the C ity of Salem. Neil C onner seconded the motion. Ayes: Conner, Beamer, Garst, King, Daulton Reid Garst motioned to adopt the resolution to allow procedures for electronic public meetings and public hearings to ensure the continuity of government during the C O VID-19 pandemic. J ackson Beamer seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King B.Special Exception P ermit Hold public hearing to consider the request of Laura Owen, dba Breaking Ground Investments, LLC , property owner and Mount Regis Center, lessee, for the issuance of a Special Exception Permit to allow an outpatient mental health and substance abuse clinic on the property located at 120 Roanoke Boulevard (Tax Map # 121-9- 3) with proffered conditions. T he Executive Secretary Pro Tem reported that notice of said hearing had been published in the May 28, and J une 4, 2020, issues of the Salem Times Register, and all property owners were notified by letter mailed May 20, 2020. Staff noted the following regarding the request: the subject property consists of a single parcel of approximately 0.186 acres, located on the south side of Boulevard, near the intersection with South C olorado Street. T he property is occupied by a single-story office building with parking in the rear. T his request is to renew the existing Special Exception Permit for an additional two years, in order to allow Mount Regis Center to continue to operate their out-patient counseling services from this location. All existing conditions would continue. T he existing conditions are: 1. T he permit will be for a period of two years. 2. T he request is limited for the purposes of business offices, outpatient counseling, family counseling, and public education. In particular, this means no medications will be stored, dispensed, or associated in any way with these services at this location. 3. T he hours of operation for the counseling services will be from 12 PM to 9:30 PM, Monday through Friday only. C hair Daulton opened the public hearing and asked if there was anyone to speak regarding this request. C urt Lane, C EO of Mount Regis C enter, 125 Knotbreak Road appeared before the C ommission explaining the Special Exception Permit request. He read the letter submitted to the C ity along with the petition for the benefit of those in attendance. He also discussed the proffered conditions which would continue for the property. C hair Daulton asked if there was anyone else to speak on this matter. T here was no response, and the public hearing was closed. Neil Conner motioned to recommend to the Council of the City of Salem that the request of Laura and Robert Owen, property owners, and Mount Regis Center, lessee, for the issuance of a Special Exception Permit to allow an outpatient mental health counseling center on the property located at 120 Roanoke Boulevard (Tax Map #121-9-3) be approved with the following proffered conditions: (1) T he permit will be for a period of two years; (2) the request is limited for the purposes of business offices, outpatient counseling, family counseling, and public education. In particular, this means no medications will be stored, dispensed or associated in any way with these services at this location; and (3) the hours of operation for the counseling services will be from 12 PM to 9:30 PM, Monday through Friday only. Reid Garst seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King C .Special Exception P ermit Hold public hearing to 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). T he Executive Secretary Pro Tem reported that notice of said hearing had been published in the May 28, and J une 4, 2020, issues of the Salem Times Register, and all property owners were notified by letter mailed May 20, 2020. Staff noted the following regarding the request: the subject property consists of a single parcel of approximately 0.5 acres, located on the southwest corner of Boulevard - Roanoke and Alberta Drive, across from the General Electric facility. T he property is occupied by a converted two-story dwelling which was previously used as a Montessori school. T his request is to issue a Special Exception Permit to allow Salem Montessori to use this facility again. Prior to building their new school on the “Elizabeth C ampus”, this was their primary facility. After moving, this location remained vacant for a period of longer than two years and lost its grandfathering, thus a new permit must be issued for it to be used again. C hair Daulton opened the public hearing and asked if there was anyone to speak regarding this request. Valerie Vanderhooven, property owner/Directress, appeared before the Commission in support of the Special Exception Permit request. She noted the school occupied the property from 1993 to 2017 as a school/daycare for 23 years until they built new facilities at 101 and 107 C orporate Blvd in Salem. T hey have had the property on and off the market for the past three years with little interest. T hey would like to move their elementary and middle school programs back to this location as soon as possible in preparation for the start of the 2020-2021 school year. C urrently they have a total of 35 students in our elementary and middle school programs. T hey will accept a total of 40 students for this coming school year, 2020-2021. T hey will start the 2020-2021 school year with four full-time staff members on the campus with a maximum of 6 staff members at one time. She noted the older students need more space for their supplemental learning curriculum, including our award-winning Robotics team, music, and art, along with gardening and S T EM programs. Further, moving the elementary and middle school programs back to this location will provide their students with the additional space they require for optimal learning. She stated she would be glad to answer any questions the C ommission might have. Elizabeth C uret of 1600 Alberta Drive appeared before the C ommission in regards the request. She noted that she was concerned about the traffic but did not realize that it would be so few students. She suggested that the parents might want to exit through the neighborhood rather than turning around. C hair Daulton asked if there was anyone else to speak on this matter. T here was no response, and the public hearing was closed. Neil Conner motioned to recommend to the Council of the City of Salem that 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) be approved subject to the following conditions: (1) only 1st through 8th grade classes and (2) no more than 60 students and 6 staff members. Denise King seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King D.Special Exception P ermit Hold public hearing to consider the request of Professional Auto Towing & Service, Inc., property owner, for the issuance of a Special Exception Permit to allow automobile repair services, major on the properties located at 707 and 711 Kesler Mill Road (Tax Map #s 34-1-2.1 and 34-1-2). T he Executive Secretary Pro Tem reported that notice of said hearing had been published in the May 28, and J une 4, 2020, issues of the Salem Times Register, and all property owners were notified by letter mailed May 20, 2020. Staff noted the following regarding the request: the subject property consists of a two parcels of approximately 0.8 acres, located on the west side of Kesler Mill Road, just south of Parkway Brewing. T he property is occupied by an office and associated automobile repair buildings. T his request is to legitimize and expand a grandfathered use. C urrently, “Major” automobile repair services are allowed in HBD by Special Exception Permit only. T he existing facility likely predates this requirement and is allowed as a grandfathered use. However, the owners would like to add a second floor to an existing building, which would expand the use. In order to allow this expansion, a Special Exception Permit is required, which removes the grandfathering. C hair Daulton opened the public hearing and asked if there was anyone to speak regarding this request. Mr. Barney Horrell with Brushy Mountain Engineering PLLC , representing the property owner, appeared before the C ommission explaining the Special Exception Permit request. T he business, Professional Auto Towing and Service, has been providing automobile repairs and towing services at their location on Kesler Mill for three generations. In early J une 2019 the business suffered a structural fire which has resulted in a loss of more than half of their garage bays and all of our office space. T hey have continued to operate in the remaining garage space and doing the office and support services from home. T hey remain committed to serving the Salem community and are planning some improvements and an expansion to the building to create much needed office space. T he existing building and business operation are allowed as a grandfathered use in the HBD zoning. HBD does allow for vehicle repairs and towing with a Special Exception for use type "Automobile Repair Services, Major." With this application, they are requesting a Special Exception to bring the business use into compliance with the current zoning classification of the property. He further noted Dennis C hristian J r., property owner and business operator, was in attendance if the C ommission had any questions for him. Mr. C onner asked how many vehicles would be on site at any one time, and Mr. C hristian noted up to 10 salvage vehicles and 5-10 wrecked vehicles at the most. C hair Daulton asked if there was anyone else to speak on this matter. T here was no response, and the public hearing was closed. J ackson Beamer motioned to recommend to the Council of the City of Salem that the request of Professional Auto Towing & Service, Inc., for the issuance of a Special Exception Permit to allow automobile repair services, major on the properties located at 707 and 711 Kesler Mill Road (Tax Map #s 34-1-2.1 and 34- 1-2) be approved. Neil C onner seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King 5.Adjournment T he meeting was adjourned at 7:46 p.m. __ ROANOKE VALLEY 601 S. Jefferson Street, Suite 110, Roanoke, VA 24011 Frank M. Smith, 11, President & CEO fsmith@hiqhspeedroanoke.net Ph: 540.904.1073 Salem City Council c/o Mr. Jay Taliaferro, City Manager City of Salem, Virginia 114 North Broad Street Salem, Virginia 24153 June 25, 2020 BOARD MEMBERS: Jay Taliaferro, City of Salem Bob Cowell, City of Roanoke Dan O'Donnell, Roanoke County Gary Larrowe, Botetourt County Mike McEvoy, Citizen Re: Approving Roanoke Valley Broadband Authority Membership Changes To the Honorable Members of Salem City Council: The Virginia General Assembly recently passed an amendment to the Virginia Wireless Services Authority Act at Va. Code § 15.2-5431.1 -15.2-3431.37 (the "Act") allowing Authorities governed by the Act to increase their membership to include up to seven (7) members. Currently, the Roanoke Valley Broadband Authority (the "Authority") consists of five (5) Individual Members. Each of the four ( 4) governing bodies of the participating localities appoints a Locality Member. These Locality Members then vote to choose the fifth (5th) Citizen Member whose membership is confirmed by the governing bodies of the participating localities. In accordance with the aforementioned amendment and the changes to the Act, the Authority seeks to add two (2) additional Citizen Members: a sixth (6 th) Citizen Member nominated by Virginia Polytechnic Institute and State University and a seventh (7th) Citizen Member nominated by Carilion Clinic. Both the sixth ( 6th) and seventh (7th) Citizen Members must be confirmed by the Locality Members. Adding representatives from these two dynamic and vital institutions will add depth and breadth to the vision and mission of the Authority. Item # 5ADate: July 13, 2020 RESOLUTION# 1388 OF COUNCIL OF THE CITY OF SALEM, VIRGINIA A RESOLUTION approving the Roanoke Valley Broadband Authority's Amended and Restated Articles of Incorporation. WHEREAS, the Roanoke Valley Broadband Authority (the "Authority"), is an authority formed and existing in accordance with the provisions of Chapter 54.1 of Title 15.2 of the Code of Virginia, 1950, as amended, the Virginia Wireless Service Authorities Act §§ 15.2-5431.1-15.2-5431.37 (the "Act"); and, WHEREAS, by concurrent resolutions adopted October 21, 2013, the Board of Supervisors of Roanoke County, Virginia ("Roanoke County"), the Board of Supervisors of Botetourt County, Virginia ("Botetourt County"), the Council of the City of Roanoke, Virginia ("Roanoke City"), and the Council of the City of Salem, Virginia ("Salem City") adopted Articles of Incorporation (the "Articles") of the Roanoke Valley Broadband Authority (the "Authority") pursuant to the provisions of the Act; and, WHEREAS, the Authority has organized itself and operated successfully under the Articles and has established itself as an effective agent in the Roanoke Valley for its primary network infrastructure; and, WHEREAS, the Authority has established its significant network footprint in the Roanoke Valley and now serves major education and research institutions in the Innovation District of the City of Roanoke and mission critical enterprises across all the localities of the Roanoke Valley Broadband Authority; and, WHEREAS, the Authority's revenues continue to increase with the addition of service providers utilizing its open access carrier grade fiber optic network; and, WHEREAS, the Authority continues to expand its network and serve the Roanoke Valley to support its mission and mandate; and, WHEREAS, the Authority continues to examine and evaluate new service areas and delivery methods to support the economic development and well-being of the Roanoke Valley; and, WHEREAS, the Authority has lobbied the Virginia General Assembly for the ability to increase the number of its Members and has received an amendment to the Act permitting the increase of its Members from five (5) to seven (7); and, WHEREAS, the Authority is considering the addition of Members representing Virginia Polytechnic Institute and State University and Carilion Clinic; and, Attest: ----------Sus an Fain, Deputy Clerk to the Board SEAL Approved as to Form: County Attorney Attest: -----------Cecelia F. McCoy, CMC, Clerk SEAL Approved as to Form: City Attorney Attest: ----------James Taliaferro, Clerk SEAL Approved as to Form: City Attorney By: -------------­Billy W. Martin, Sr., Chairman Board of Supervisors CITY OF ROANOKE, VIRGINIA By: --------------Sherman P. Lea, Sr., Mayor CITY OF SALEM, VIRGINIA By: --------------Renee F. Turk, Mayor - 7 - Item # 5BDate: July 13, 2020 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: July 13, 2020 AGENDA ITEM: Request to appropriate additional highway maintenance funding from the state for paving SUBMITTED BY: Rosemarie B. Jordan Director of Finance SUMMARY OF INFORMATION: In December 2019, the City sent out bids for paving. Boxley Materials Company will be providing paving services for a two-year period covering fiscal years 2020 and 2021. An additional appropriation of carryover funds is needed in the amount of $1,720,663. This appropriation will come from funds that have already been received from the state for highway maintenance projects, but not yet expended. Funding of $805,841 is available in the current budget for this project. Current funding plus the additional request will provide total funding of $2,526,504 for the paving work to be done in fiscal year 2021. . FISCAL IMPACT: Highway maintenance funds may only be used for maintenance costs as determined by the State. The paving contract falls within the guidelines of the highway maintenance program. STAFF RECOMMENDATION: Staff recommends appropriating $937,411 of carryover funds to account 10-018-4001- 53811, Primary Roads – Resurfacing and $783,252 of carryover funds to account 10-018- 4010-53811, Collector Streets - Resurfacing, for the purposes stated above Item # 5C Date: July 13, 2020 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: July 13, 2020 AGENDA ITEM: Request to appropriate Animal Shelter donation. SUBMITTED BY: Rosemarie B. Jordan, Director of Finance SUMMARY OF INFORMATION: The Animal Shelter is always in need of additional resources to facilitate the care and adoption of abandoned animals. In February 2020, the Animal Shelter received a donation of $90,000 from the Estate of Robert Gordon Page. At the end of June 2020, the Animal Shelter received an additional donation totaling $72,720 from the Estate. This donation will be used for the care of animals at the shelter. Because the donation was received so late in the fiscal year, no amounts were expended prior to June 30, 2020 and funds need to be appropriated from fund balance. FISCAL IMPACT: Proceeds from donations will be used for the care and basic needs of the animals at the shelter. STAFF RECOMMENDATION: Appropriate $72,720 to the designation of beginning fund balance revenue account, 10- 012-0100-40200 and increase the donation expenditure account, 10-030-3510-55832 by $72,720 for the purposes stated above. It is also recommended that any of this donation not spent in the current fiscal year be administratively appropriated in the subsequent fiscal year. Item # 5D Date: July 13, 2020 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: July 13, 2020 AGENDA ITEM: Request to appropriate Keep Virginia Beautiful Grant funds. SUBMITTED BY: Rosemarie B. Jordan, Director of Finance SUMMARY OF INFORMATION: The City of Salem has been awarded $1,000 from the Keep Virginia Beautiful 30 in 30 Green Grants Program. The Beautification Division will be using these funds to restore the WWI Memorial green space, including plantings indicative of World War memorial gardens. The Roanoke/Salem American Legion Post will be providing volunteers to assist with the restoration. Because the grant was received so late in the fiscal year, no amounts were expended prior to June 30, 2020 and funds need to be appropriated from fund balance. FISCAL IMPACT: Proceeds from the grant will be used to restore green space, which was not included in the budget. STAFF RECOMMENDATION: Appropriate $1,000 to the designation of beginning fund balance revenue account, 10- 012-0100-40200 and increase the grants – other expenditure account, 10-018-7250- 55957 by $1,000 for the purposes stated above. Item # 5E Date: July 13, 2020 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: July 13, 2020 AGENDA ITEM: Appropriate Funding for Boiler Replacement SUBMITTED BY: Rosemarie B. Jordan, Director of Finance SUMMARY OF INFORMATION: In June 2020, bonds were sold to fund Salem High School renovations and City equipment purchases. Bond proceeds of $109,000 were earmarked for the replacement of two boilers at the Civic Center. Bond proceeds are accounted for in the Capital Projects Fund and will be transferred to the Civic Center fund as expenses are paid. The Civic Center fund budget will be increased to account for the transfer from capital projects and the project funding. FISCAL IMPACT: Bond funds will be transferred from Capital Projects Fund to cover the cost of replacing boilers. STAFF RECOMMENDATION: Increase the Transfer from Other Funds revenue, 53-053-0040-44718 and the Building Improvements account, 53-053-0041-58009, by $109,000. Item # 5F Date: July 13, 2020 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: July 13, 2020 AGENDA ITEM: Appropriate funds to purchase pollbooks SUBMITTED BY: Rosemarie B. Jordan, Director of Finance SUMMARY OF INFORMATION: Funding was available in the fiscal year 2019 budget to purchase pollbooks. However, the State did not approve the type of equipment to be purchased so no pollbooks were purchased and no funds were expended. New pollbooks have to be purchased before the presidential election in November 2020. Funding needs to be appropriated from fund balance to purchase this equipment. FISCAL IMPACT: Reappropriate fund balance to purchase pollbooks. STAFF RECOMMENDATION: Appropriate $36,290 from fund balance and increase the budget for Designation of Beginning Fund Balance, 10-012-0100-40200, and the Registrar’s Machinery and Equipment account, 10-019-1320-58001, to cover the purchase new pollbooks. Item # 5G Date: July 13, 2020 July 13, 2020 Council of the City of Salem Salem, Virginia 24153 Dear Council Members: For your information, I am listing appointments and vacancies on various boards and commissions: Board or Commission Recommendation Vacancies with Candidates Fair Housing Board Consider reappointing Melton Johnson for a three-year term ending July 1, 2023. Western Virginia Workforce Development Board Consider appointing Jay Taliaferro to the vacant seat for the remainder of a four-year term ending June 30, 2022. Vacancies Audit Finance Committee Need to appoint two members of City Council due to the recent reorganization. Board of Appeals (USBC Building Code) Need two alternates, five-year terms. Board of Zoning Appeals Need two alternates, five-year terms. (Resignation received from Channing Mason & Macel Janoschka.) Community Policy and Management Team Need one regular and one alternate member from the Health Department Fair Housing Board Need a replacement for Sharyn McCullough who has moved out of Salem. Personnel Board Need a replacement for Lexi Dibbern (Current term expired March 1, 2018) Roanoke Valley-Alleghany Regional Commission Need a replacement for Carolyn Minix (resignation received) Roanoke Valley Transportation Planning Organization (TPO) Policy Board Need a replacement for Jane Johnson (Current term expired June 30, 2020) Western Virginia Regional Jail Authority Need a replacement for William D. Jones Sincerely, James E. Taliaferro, II City Manager Item # 5HDate: July 13, 2020 CITY OF SALEM, VIRGINIA BOARDS AND COMMISSIONS July 2020 MEMBER EXPIRATION OF TERM BLUE RIDGE BEHAVIORAL HEALTHCARE Term of Office: 3 years (3 terms only) Carol Brittain 12-31-21 Rev. C. Todd Hester 12-31-22 Dr. Forest Jones 12-31-20 AT LARGE MEMBERS: Patrick Kenney 12-31-22 Helen Ferguson 12-31-20 Bobby Russell 12-31-21 BOARD OF APPEALS (USBC BUILDING CODE) Term of Office: 5 years John R. Hildebrand 1-01-21 Robert S. Fry, III 1-01-23 David A. Botts 1-01-25 Nathan Routt 5-11-25 Roland Braelith 1-01-23 ALTERNATES: Michael “Chris” Vaught 5-13-24 Vacant Vacant BOARD OF EQUALIZATION OF REAL ESTATE ASSESSMENTS Term of Office: 3 years (appointed by Circuit Court) Wendel Ingram 11-30-21 N. Jackson Beamer, III 11-30-21 David A. Prosser 11-30-22 Nancy Duffy 11-30-20 Gill R. Roseberry 11-30-20 BOARD OF ZONING APPEALS Term of Office: 5 years (appointed by Circuit Court) F. Van Gresham 3-20-22 David E. Derr 3-30-23 Winston J. DuBois 6-05-24 Gary Lynn Eanes 3-20-25 Tom Copenhaver 4-10-22 ALTERNATES: Frank Sellers 10-12-23 Macel Janoschka Resignation 3-1-23 Channing Mason Resignation 11-13-23 CONVENTION & VISITORS BUREAU John Shaner No term limit MEMBER EXPIRATION OF TERM Partnership for a Livable Roanoke Valley Term of Office: Unlimited James E. Taliaferro, II COMMUNITY POLICY AND MANAGEMENT TEAM No term limit except for Private Provider (Names) (Alternates) Rosie Jordan Tammy Todd Benjamin W. Tripp James E. Taliaferro, II Carolyn Minix Rosemary Walker Cheryl Wilkinson Tamara Starnes Vacant Frank Turk Shannon Brabham Joyce Earl Randy Jennings Deborah Coker Darryl Helems Amanda Hall Derek Weeks Danny Crouse Vacant – Health Dept. Vacant Parent Rep –Inez Farrell Michelle Wright (Both terms exp. 6/30/2020) Kristy Ayers ECONOMIC DEVELOPMENT AUTHORITY Term of Office: 4 years (Requires Oath of Office) William Q. Mongan 3-09-23 C. Wayne Adkins 3-09-24 J. David Robbins 3-09-24 Cindy Shelor 4-10-21 Macel Janoschka 3-09-21 David Thornhill 12-14-20 Clark “Rob” Robinson Jr. 12-14-20 ECONOMIC DEVELOPMENT COMMITTEE No Terms, no alternates Jane Johnson John Saunders James Taliaferro Ass’t CM Melinda Payne Benjamin Tripp Mary Ellen Wines Judy Hough FAIR HOUSING BOARD Term of Office: 3 years Betty Waldron 7-01-22 Melton Johnson 7-01-20 Sharyn McCullough Moved out of Salem 7-01-20 Pat Dew 3-01-21 Janie Whitlow 4-09-21 MEMBER EXPIRATION OF TERM FINE ARTS COMMISSION Term of Office: 4 years Cameron Vest 5-01-15 Julie E. Bailey Hamilton 5-01-15 Brenda B. Bower 7-26-12 Vicki Daulton 10-26-12 Hamp Maxwell 10-26-12 Fred Campbell 5-01-13 Rosemary A. Saul 10-26-13 Rhonda M. Hale 10-12-14 Brandi B. Bailey 10-12-14 STUDENT REPRESENTATIVES LOCAL OFFICE ON AGING Term of Office: 3 years John P. Shaner 3-01-21 PERSONNEL BOARD Term of Office: 2 years Larry A. Lynch 1-28-21 William R. Shepherd 6-09-21 J. Chris Conner 8-12-21 Margaret Humphrey 8-12-21 Lexi H. Dibbern- no longer in Salem 3-01-18 PLANNING COMMISSION AND NPDES CITIZENS' COMMITTEE Term of Office: 4 years Neil Conner 7-31-22 Dee King 7-31-22 Vicki Daulton 7-26-23 Reid Garst 7-31-22 N. Jackson Beamer 8-28-23 REAL ESTATE TAX RELIEF REVIEW BOARD Term of Office: 3 years David G. Brittain 2-14-22 Wendel Ingram 6-11-21 Daniel L. Hart 2-14-21 ROANOKE REGIONAL AIRPORT COMMISSION Term of Office: 4 years Dale T. Guidry 7-1-24 ROANOKE VALLEY-ALLEGHANY REGIONAL COMMISSION Term of Office: 3 years Jane W. Johnson 6-30-21 Carolyn Minix Resignation 2-24-20 James Martin 6-30-21 Melinda J. Payne 6-30-22 ROANOKE VALLEY BROADBAND AUTHORITY Term of Office: 4 years James E. Taliaferro, II 12-14-2023 Citizen-At-Large Mike McEvoy 12-13-2021 MEMBER EXPIRATION OF TERM ROANOKE VALLEY DETENTION COMMISSION No Terms Member Alternate James Taliaferro Rosemarie Jordan ROANOKE VALLEY GREENWAY COMMISSION Term of Office: 3 years McMillan H. Johnson, IV 6-30-21 Jessica P. Preston 6-30-22 Skip Lautenschlager 9-26-20 ROANOKE VALLEY RESOURCE AUTHORITY Term of Office: 4 years Mike Tyler 12-31-23 ROANOKE VALLEY TRANSPORTATION PLANNING ORGANIZATION (TPO) POLICY BOARD Term of Office: 3 years Jane Johnson 6-30-2020 William “Bill” Jones 6-30-2023 Alternate: Byron R. Foley 6-30-2023 Alternate: James Martin 6-30-2023 SCHOOL BOARD OF THE CITY OF SALEM Term of Office: 3 years Nancy Bradley 12-31-21 Michael Chiglinsky 12-31-21 Andy Raines 12-31-22 Artice Ledbetter 12-31-22 David Preston 12-31-20 SOCIAL SERVICES ADVISORY BOARD Term of Office: 4 years, 2 term limit Betty McCrary 12-1-22 TOTAL ACTION FOR PROGRESS Term of Office: 2 years Byron Randolph Foley (Melinda Payne appointed 11-13-21 as full-time alternate) 11-13-21 TRANSPORTATION TECHNICAL COMMITTEE (TTC) Term of office: 3 years Melinda Payne 6-30-23 Benjamin Tripp 6-30-23 Alternate: James E. Taliaferro, II 6-30-23 Alternate: Charles E. VanAllman, Jr. 6-30-23 VIRGINIA WESTERN COMMUNITY COLLEGE LOCAL ADVISORY Term of Office: 4 years (2 terms only) Dr. Forest I. Jones 6-30-22 VIRGINIA’S BLUE RIDGE BOARD Term of Office: James E. Taliaferro, II MEMBER EXPIRATION OF TERM WESTERN VIRGINIA EMERGENCY MEDICAL SERVICES COUNCIL Term of office: 3 years Deputy Chief Matt Rickman 12-31-22 WESTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY Term of Office: 4 years (Requires Oath of Office) James E. Taliaferro, II 2-3-2022 Melinda J. Payne 2-3-2024 Vacant (alternate for Taliaferro) 2-3-2022 Benjamin W. Tripp (alternate for Payne) 2-3-2024 WESTERN VIRGINIA REGIONAL JAIL AUTHORITY Term of Office: 1 year – Expires 12-31-2020 (Requires Oath of Office) William D. Jones Alternate: Byron R. Foley James E. Taliaferro, II Alternate: Rosemarie Jordan April M. Staton Alternate: Chief Deputy-Major B. Todd Clingenpeel WESTERN VIRGINIA WORKFORCE DEVELOPMENT BOARD Term of Office: 4 years John E. Saunders 6-30-2022 Vacant 6-30-2022