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HomeMy WebLinkAbout11/23/2015 - City Council - Minutes - RegularUNAPPROVED MINUTES COUNCIL MEETING November 23, 2015 A regular meeting of the Council of the City of Salem, Virginia, was held in the Council Chambers, City Hall, 114 North Broad Street, on November 23, 2015, at 7:30 p.m., there being present the following members of said Council, to wit: Byron Randolph Foley, John C. Givens, Jane W. Johnson, William D. Jones, and Lisa D. Garst; with John C. Givens, Vice-Mayor, presiding; together with Kevin S. Boggess, City Manager; James E. Taliaferro, II, Assistant City Manager and Clerk of Council; Melinda J. Payne, Director of Planning and Economic Development; Rosemarie B. Jordan, Director of Finance; Charles E. Van Allman, Jr., City Engineer; Mike Stevens, Communications Director, and Stephen M. Yost, City Attorney; and the following business was transacted: Mayor Foley recognized the Salem Police Department’s newest officers in attendance: Andrew Hodges, Valarie Peters, Adam Bowser, and Josh Hayden; along with Officers Swain and Blackwell in accompaniment, and The minutes of the work session and regular meeting of November 9, 2015, were approved as written; and Mayor Foley stated that the first item on the agenda would be the Natural Gas Distribution Franchise which would consist of the opening of bids, the public hearing, to consider ordinance on first reading providing for one or more non- exclusive franchises to construct, reconstruct, operate, maintain, repair, and extend a natural gas distribution system within the City of Salem, and to consider ordinance on first reading accepting a bid for a franchise to construct, operate, and maintain a natural gas distribution system in the City; notice of such hearing was published in the November 9, and 16, 2015, issues of The Roanoke Times, a newspaper having general circulation in the City of Salem; and WHEREAS, Mayor Foley stated that this time and place has been advertised for the receipt of bids for a gas distribution franchise in the City and for a public hearing on a Franchise Agreement between the City and a successful bidder; he asked the Administration to advise if we have bidders; and WHEREAS, Mr. Boggess replied yes, there is one bidder; and WHEREAS, Mayor Foley stated he will open the bid in public session; the bid is from Roanoke Gas Company; Mr. Boggess, if you will summarize; WHEREAS, Mr. Boggess stated that the bid is from Roanoke Gas Company; and WHEREAS, Mayor Foley inquired if there were any other bids; and ITEM 1 ORDINANCES GRANTING NATURAL GAS DISTRIBUTION FRANCHISE APPROVED 2 WHEREAS, Mr. Boggess stated there were no other bids; it is for a bid term of twenty years commencing on January 1, 2016; and WHEREAS, Mayor Foley declared the bidding closed and opened the public hearing for any comments on the proposed gas franchise ordinance; hearing none, closed the public hearing and asked for the City staff recommendation; and WHEREAS, Mr. Yost stated that the first ordinance basically sets forth what the terms between the City and the successful bidder; the terms are very similar to the previous agreement; the second ordinance, if council so chooses, will grant the franchise to Roanoke Gas Company and authorize the appropriate officials of the City to enter into a franchise agreement with Roanoke Gas Company; the agreement itself simply incorporates by reference, ordinance number one that sets forth the terms of the agreement; Roanoke Gas is requesting to be granted the franchise not only in the City of Salem but in the Town of Vinton, and the City of Roanoke; the terms between all jurisdictions will be exactly the same; the City of Roanoke has already approved their franchise and the status of Vinton is unknown at this time; WHEREAS, John D’Orazio, Roanoke Gas Company, appeared before Council and stated that Vinton had also approved the franchise; and WHEREAS, Mr. Boggess indicated that as part of the second ordinance reading the financial aspect of the bid would be explained; and WHEREAS, Councilwoman Garst inquired as to Section five, use of streets, subsection g, minimum inconvenience; protection of public; the language is for a longer period of time than reasonably shall be necessary; who determines what is reasonably necessary; and WHEREAS, Mr. Yost stated that in the first instances it would be the City; then if the City thought it was taking longer than reasonably necessary they would notify Roanoke Gas and ultimately if the agreement is not being followed you may have Roanoke Gas appear before Council and make a determination whether it is being complied with or not; and WHEREAS, Councilwoman Garst confirmed that this was part of the permitting process; and WHEREAS, Mr. Yost replied yes; and WHEREAS, Mr. Taliaferro stated that this would fall under the right of way permits that Council adopted this past budget year and the permit mirrors Roanoke City’s; and 3 WHEREAS, Councilman Jones asked if the two year maintenance of streets new or was it in the previous franchise; and WHEREAS, Mr. Yost replied that it was new; and WHEREAS, Mr. D’Orazio stated it was new; and ON MOTION MADE BY VICE-MAYOR GIVENS, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, an ordinance providing for one or more non-exclusive franchises to construct, reconstruct, operate,, maintain, repair, and extend a natural gas distribution system within the City of Salem, Virginia, was hereby approved on first reading – the roll call vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W. Johnson – aye, John C. Givens – aye, and Byron Randolph Foley – aye. WHEREAS, Mr. Boggess stated the second ordinance is the actual ordinance that would accept the bid of Roanoke Gas Company and in particular the pricing that is being preserved in this agreement from the last agreement; most current gas franchise agreements in other areas do not have an actual payment such as this; the total franchise payment to all three localities is $98,196 per calendar year; it is determined on a pro rata share based on the amount of gas sold in each community; WHEREAS Councilman Jones asked approximately what Salem’s share would be; and WHEREAS, Mr. D’Orazio stated that historically Salem’s share is 24 to 25% of the market share with a 3% escalator; WHEREAS, Councilman Jones asked where the money is allocated; and WHEREAS, Ms. Jordan stated the general fund; and WHEREAS, Mr. Yost indicated in granting the second ordinance the City Manager and Clerk of Council authorization to execute and attest the gas franchise agreement; and ON MOTION MADE BY COUNCILMAN JONES, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, an ordinance accepting the bid for a franchise to construct, operate, and maintain a natural gas distribution system in the City, was hereby approved on first reading – the roll call vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W. Johnson – aye, John C. Givens – aye, and Byron Randolph Foley – aye. ITEM 2 ORDINANCE GRANTING FRANCHISE AGREEMENT 4 Mayor Foley requested Council to hold a public hearing and consider ordinance on first reading to extend the franchise agreement between Appalachian Power Company, doing business as American Electric Power, and the City of Salem as advertised in the November 9, and 16, 2015, issues of The Roanoke Times; and WHEREAS, Mr. Boggess stated that this is a five year extension exactly like the extension granted five years ago under the existing agreement and staff recommends Council consider approval under the same terms and conditions; and WHEREAS, Mayor Foley opened the public hearing; WHEREAS, Councilman Jones inquired of the three facilities that American Electric Power sells to directly, if something were to happen would that be open to negotiation for the next agreement; and WHEREAS, Mr. Boggess stated that the three facilities that AEP serves, they serve because the capital cost for us to provide that service at that high capacity would take many years to recover those costs and AEP already has it in place; if AEP would not want to serve them anymore than the City certainly could; WHEREAS, Councilman Jones asked that if Yokohama leaves and another tire company comes in would that open it up for new negotiations; and WHEREAS, Mr. Yost stated that it is the site itself and not the company citing Section 104B, Appalachian Power Company shall have the right to supply electric energy for lighting, heating, and power purposes to which three present customers within the City until such time that the City in its discretion and after at least sixty days prior written notice to the company of its intent to serve such customers decides to serve these customers; so the City could undertake it with significant capital costs; and WHEREAS, Mr. Boggess specified that if AEP would decide that they no longer wanted to directly serve and give the City the infrastructure then the City certainly would do that; and WHEREAS, Mayor Foley asked if there were any other comments, and hearing none, closed the public hearing; and ON MOTION MADE BY VICE-MAYOR GIVENS, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, an ordinance to extend the franchise agreement between Appalachian Power Company, doing business as American Electric Power, and the City of Salem, was hereby approved on first reading – the roll call vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W. Johnson – aye, John C. Givens – aye, and Byron Randolph Foley – aye. 5 Mayor Foley requested that Council receive the Abstract of Votes cast at the General Election held on November 3, 2015; THEREUPON, said Abstract of Votes was received. Mayor Foley requested that Council consider holding a closed session pursuant to provisions of Section 2.2-3711 A(1) of the 1950 Code of Virginia, as amended, to discuss a personnel matter; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, in accordance with Section 2.2-3711 A. (1) of the Code of Virginia, 1950 as amended to date, Council convened to Closed Session at 7:51 p.m. for the purpose of discussing the following specific matters: 1. Discussion regarding a personnel matter by way of the status of a public official, which is authorized by Section 2.2-3711 A. (1) of the Code of Virginia, 1950 as amended to date; 2. Discussion of a real estate matter pertaining to property the City may desire to sell, which is authorized by Section 2.2-3711 A. 3. of the Code of Virginia, 1950 as amended to date; -- the roll call vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W. Johnson – aye, John C. Givens – aye, and Byron Randolph Foley – aye. Upon reconvening at 8:23 p.m.; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, in accordance with Section 2.2-3712 D. of the Code of Virginia, 1950 as amended to date, Council hereby certifies that in Closed 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 -- the roll call vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W. Johnson – aye, John C. Givens – aye, and Byron Randolph Foley – aye. WHEREAS, Councilwoman Garst stated that she would be resigning her position on Salem City Council effective December 15, 2015; it is much more emotional than she expected it to be because her fellow members advised her to speak from the heart; this has been a very good place to be; thank you very much; she will be starting a new position and she is really excited about it; she will be ITEM 3 ABSTRACT OF VOTES GENERAL ELECTION 11-3- 2015 ACCEPTED ITEM 4 CLOSED SESSION 6 serving as the Director of Partnership for a Livable Roanoke Valley; she will be starting that in January; she had hoped to continue in her role on Council but to avoid any potential conflicts of interests she decided that it is best to resign so there is no conflict between the two positions; the first thing she would like to do is express her sincere appreciation to the citizens of Salem for allowing her the opportunity to serve on Salem City Council; it really has been an honor to represent them the last seven and a half years; she also wants to express her deep appreciation to her fellow councilmembers; for their professionalism, their collaboration, and their friendship; it is no secret that they have watched Ashby grow up, and that really means a lot to her and Reid; they have been there for Ashby, they have encouraged her just like they have encouraged herself and her family; there have been some really tough times the last few years; they didn’t call it the great recession because it was fun; the focus was kept on the important things; and celebrate today because the School Division was ranked 8th out of 132 schools districts because the focus was kept on what was important; she thanked the City Manager, Mr. Boggess, and Assistant City Manager, Mr. Taliaferro, Steve Yost, City Attorney, and all the directors and staff members who have made their jobs easier; the can do attitude from the people here in Salem is what really makes this first class city day in and day out; in her new role she will be working across the region to promote quality of life issues for the whole Roanoke Valley, and she is very passionate about regionalism, and she is very grateful for this opportunity to continue to serve; she had known that she would probably not seek a third term on Council, so when this opportunity arose she saw it as a really good fit; she is tremendously grateful that she still has an opportunity to serve the citizens of this area; she would like to thank her husband Reid, and their daughter Ashby, and their dogs, and all of her friends and family for their encouragement and support; it is important for her to say thank you one more time for allowing her to be a part of the team; and Councilwoman Johnson stated that she was excited when Councilwoman Garst decided to run for office; that Lisa was amazing and brilliant, and that shows with everything she has her hand in such as the dog park, and the community garden; She is especially very happy that Lisa sees things in a regional way like herself and she will sincerely miss her; and Councilman Jones stated that they started as enemies and end up as best friends; [laughter] he and Lisa ran for Council aggressively eight years ago; they both don’t like to lose; he can count on her not only from a Council standpoint but from a personal standpoint; she has helped him a lot with his Dad, helped him a lot with his life decisions, and all he can say is thank you; and Councilman Givens stated that he echoes those sentiments as well, that he didn’t know Lisa very well when she first came on Council, and he has come to respect her and like her very much for her wisdom, her love for our community and you straightforward aspect and he wants to wish her the very best and Salem has gone through some tough times over the last seven eight years but it is to the 7 better because of her input and her position here; he wishes her the best; and WHEREAS, Mayor Foley thanked Councilwoman Garst for her friendship and her professionalism; she may no longer have a vote after December 15th but you will always have a voice; he congratulated her and looks forward to working with her in other ways as she moves forward; and There being no further business to come before the Council, the same on motion adjourned at 8:31 p.m.