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HomeMy WebLinkAbout6/22/2020 - City Council - Minutes - RegularCi ty Counci l Meeti ng M INUTES Monday, June 22, 2020, 6:30 P M South Salem E lementary School, Cafeteria, 1600 Carolyn Road, Salem, Virginia 24153 1.C all to Order A regular meeting of the Council of the City of Salem, Virginia, was called to order at 6:30 p.m., there being present all the members to wit: 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; together with J ames E. Taliaferro, II, City Manager; Rosemarie B. J ordan, Director of Finance; J udy L. Hough, Deputy City C lerk; Crystal L. Williams, Assistant to the C ity Manager; Clark Ruhland, Communications Specialist; and Stephen M. Yost, C ity Attorney. 2.Pledge of Allegiance 1.Remote P articipation Statements C onsider approval of remote participation statements from C ouncil members who wish to participate remotely for this meeting. No statements were needed for this meeting of C ouncil. 3.C onsent Agenda A.Resolution 1382 Amendments Consider amendments to Resolution 1382, procedures for public comment period at Salem C ity Council meetings (adopted at the J une 8, 2020, meeting). Supplemental I tem Mayor Foley noted that this is the inaugural meeting for citizens' comments. C ouncil 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. T hey will not be permitted to sign up for a topic and then talk about multiple topics. 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.