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HomeMy WebLinkAbout12/14/2015 - City Council - Minutes - RegularUNAPPROVED MINUTES CITY COUNCIL WORK SESSION December 14, 2015 A work session of the Council of the City of Salem, Virginia, was held in the Council Chambers Conference Room, 114 North Broad Street, Salem, Virginia, on December 14, 2015, at 6:30p.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 Byron Randolph Foley, presiding; together with Kevin S. Boggess, City Manager; James E. Taliaferro, II, Assistant City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Melinda J. Payne, Director of Planning and Economic Development; Justin Kuzmich, City Assessor, and the following business was transacted: Mayor Foley reported that this date, place, and time had been set in order for the Council to hold a work session; and WHEREAS, Mr. Kuzmich presented a real estate assessment update; and WHEREAS, Ms. Payne presented an economic development update; and WHEREAS, a brief discussion was held regarding signs; and WHEREAS, there were no other topics for discussion. There being no further business to come before the Council, the work session was adjourned at 7:13 p.m. ____________________________________ Mayor _____________________________________ Clerk of Council City Counci l M ee ting Monday, December 14, 2015, 7:30 PM Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 24153 1.Call to Order Byron Randolph Foley, Mayor, John C. Givens, Vice-Mayor, Councilmembers: Jane W. Johnson, William D. Jones, and Lisa D. Garst; 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 A.Financial Report Consider acceptance of the Statement of Revenues and Expenditures for four months ending October 31, 2015. The Statement of Revenues and Expenditures for four months ending October 31, 2015 was hereby accepted. B.Minutes Consider acceptance of the minutes of the November 23, 2015, Salem City Council meeting. The minutes of the November 23, 2015, Salem City Council meeting was hereby accepted. 2.Pledge of Allegiance The Pledge of Allegiance was performed at the beginning of the meeting. 3.Bid Openings, Awards, Recognitions 4.Consent Agenda A.Comprehensiv e Annual Financial Report Receive presentation from the Director of Finance and Brown Edwards regarding the financial report for fiscal year ending June 30, 2015. Audit-Finance Committee This item added during the meeting. Supplemental Item Mr. Chris Banta of Brown Edwards appeared before Council and presented, and Council received, the Comprehensive Annual Financial Report for year ending June 30, 2105, stating that the City had a clean audit opinion. 5.Old Business A.Natural Gas Distribution Franchise 1. Consider ordinance on second 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. 2. Consider ordinance on second reading accepting a bid for a franchise to construct, operate, and maintain a natural gas distribution system in the City of Salem. Both passed on first reading, November 23, 2015, meeting. John Givens motioned to approve an ordinance on second 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.. William Jones seconded the motion. Ayes: Foley, Garst, Givens, Johnson, Jones Jane Johnson motioned to approve an ordinance on second reading accepting a bid for a franchise to construct, operate, and maintain a natural gas distribution system in the City of Salem. Lisa Garst seconded the motion. Ayes: Foley, Garst, Givens, Johnson, Jones B.Appalachian Power Company Consider ordinance on second reading to extend the franchise agreement between Appalachian Power Company, doing business as American Electric Power, and the City of Salem. Passed on first reading November 23, 2015, meeting. John Givens motioned to approve an ordinance on second reading to extend the franchise agreement between Appalachian Power Company, doing business as American Electric Power, and the City of Salem. Passed on first reading November 23, 2015, meeting.. Lisa Garst seconded the motion. Ayes: Foley, Garst, Givens, Johnson, Jones 6.New Business A.Vacation of Alley Hold public hearing and consider adoption of Resolution 1277 appointing viewers to consider permanently vacating a certain unimproved 12' alley located off Pyrtle Drive, 150' south of the Kimball Avenue intersection. (Advertised in November 26, and December 3, 2105, issues of Salem Times-Register.) Mayor Foley opened the public hearing at 7:50 p.m. Mr. Steve Poff, 1000 High Street, appeared before Council. He thanked Councilwoman Garst for her service. He is before Council on behalf of Ron and Betty Clingenpeel, property owners of 512 Pyrtle Drive. There is an alley that is on the Clingenpeels' property. There is a question of whether the alley is open or closed. There is no record that this portion of the alley has been closed. The eastern end of the alley has been closed. He presented Council with a packet of information for reference. Item one of the packet is a print of the map off the City's GIS system. It shows the unimproved alley and dotted lines that appear to show that the alley had been vacated in the past. Item two is a plat of the property. Item three is a plat used to obtain a building permit in 1988 for an attached garage. The garage permit was approved by the City and encroaches into the alley. Item 3A is the building permit application. Item 3B is a receipt for the permit. Item 3C is a letter from the surveyor, T. P. Parker & Son stating that the alley had been vacated. However, there is no record of the closing. Item 4 shows the proposed detached garage that will be built within the alley. That is why the request to vacate has been presented. He further stated that he hoped Council could proceed without the appointment of viewers and just vacate the alley, but if they feel it necessary he certainly understands. Vice-Mayor Givens inquired if the entire alley had been vacated. Mr. Taliaferro stated that staff did not believe that the alley had been vacated except for the portion at Mount Regis Drive. Mayor Foley clarified that this vacation request was for the entire alley. Mr. Taliaferro stated that there are electric lines that run through the alley on the Pyrtle side so if it is Council's pleasure to vacate, the City would like to retain an easement for public utilities. Vice-Mayor Givens inquired if the electric lines would be underground and/or under the proposed garage. Mr. Poff replied that the electric lines are overhead and are located above the existing garage. Councilman Jones stated that he must abstain from this item due to the fact that his parents own a house along this alley, but stated as the power of attorney for his parents they are not against this request. Having no further speakers, Mayor Foley closed the public hearing at 7:59 p.m. Vice-Mayor Givens asked if viewers had to be appointed. Mr. Yost replied that Council is not required to appoint viewers for this request. Mayor Foley asked for counsel's advice on this subject. Mr. Boggess, with Mr. Yost's agreement, stated that since one of the Councilmember's had an interest in this request that it would be best if Council appointed viewers. Lisa Garst motioned to adopt Resolution 1277 appointing viewers, Mr. Howard Packett, Mr. Joseph Yates, and Mr. William Shepherd, to consider permanently vacating a certain unimproved 12' alley located off Pyrtle Drive, 150' south of the Kimball Avenue intersection. Jane Johnson seconded the motion. Ayes: Foley, Garst, Givens, Johnson Abstain: Jones B.Appropriation of Funds Consider request to accept and appropriate the 2015 State Homeland Security Program Grant (SHSP). Audit-Finance Committee Vice-Mayor Givens explained that the City had been awarded $13,500 in State Homeland Security Program grant funds from the US Department of Homeland Security Federal Emergency Management Agency. The grant is administered by the Virginia Department of Emergency Management. Funds will be used to purchase a mobile utility vehicle. The vehicle being purchased is four-wheel drive and can traverse numerous types of terrain to include flooding conditions. It will be used to patrol the greenways and provide assistance during large scale events such as the Blue Ridge Music Festival and the Salem Marathon. In addition, the vehicle will be used to help transport crash/crime scene equipment in the event that trains and vehicles are involved in an accident. No local match is required. This Committee recommended acceptance and appropriation of the 2015 State Homeland Security Program Grant. Councilwoman Garst inquired if there would be any additional costs for outfitting this vehicle such as defibrillator kits or first aid kits, etc. Mr. Boggess replied that there would be some additional costs for equipment but will try to keep the costs to a minimum. Vice-Mayor Givens inquired if the $13,500 covered only the costs of the vehicle. Mr. Boggess replied yes. Councilwoman Garst asked if there were funds available in the budget for the outfitting of the vehicle. Mr. Boggess replied yes. John Givens motioned to accept and appropriate the 2015 State Homeland Security Program Grant. William Jones seconded the motion. Ayes: Foley, Garst, Givens, Johnson, Jones C.Dunkin' Donuts Consider setting bond for erosion and sediment control for the Dunkin' Donuts project. Audit-Finance Committee Vice-Mayor Givens stated that the Committee reviewed the estimate for erosion and sediment control measures for the Dunkin’ Donuts project. This Committee concurs with the Engineering Department’s recommendation that bond be set in the amount of $6,864.00 with a time limit of twelve (12) months for completion. John Givens motioned to set bond for erosion and sediment control measures at $6,864.00 for the Dunkin' Donuts project with a time limit of twelve months. Lisa Garst seconded the motion. Ayes: Foley, Garst, Givens, Johnson, Jones D.School Grants Fund Consider request to amend the School Grants Fund budget as approved by the School Board on December 8, 2015. Audit-Finance Committee Supplemental Item Vice-Mayor Givens stated that the School Grants Fund was amended by the School Board at their meeting on December 8, 2015. Budget amendments totaling $25,329 were approved as amendments to the revenue and expenditure accounts. These changes are due to receiving notice that the Adult Basic Education grant had an increase in funding amount from the original budget. This Committee recommended approval of the request to amend the School Grants Fund budget as approved by the School Board on December 8, 2015. John Givens motioned to amend the School Grants Fund budget as approved by the School Board on December 8, 2015. Jane Johnson seconded the motion. Ayes: Foley, Garst, Givens, Johnson, Jones E.Estate Refunding Bond Consider approval of the execution of a refunding bond regarding the estate of Nicholas G. Economy and authorize the City Manager to execute such bond. Supplemental Item Mr. Boggess stated that as Council was aware that the City received notification that the estate of Nicholas G. Economy listed thirty-eight benefactors with the City of Salem Public Library in the amount of $10,000. As this has gone through a rather long probate process, it is finally close to a resolution. They are ready to issue the proceeds of the estate on the condition that the City as well as the other beneficiaries, agree that should the estate come up short in the settlement that the City will refund some or all of the proceeds necessary. Mr. Yost stated that not only did Mr. Economy list thirty-eight benefactors he also bequeathed his residuary estate to be divided equally among the thirty-eight benefactors. That amount is not known at this time. There is always a chance when you distribute money to a beneficiary under the terms of a will that there might be some unknown creditor(s) that may still bring a claim against the estate. The estate's attorney stated that it is highly unlikely that there are any creditors remaining. But out of caution, the refunding bond is required. Mrs. Tripp appeared before Council stating that if the funds are accepted she is presenting some ideas of what the funds could supply at the Library. First, new furniture for the reading area. The current furnishings date back to the 1970's and were reupholstered in the 1990's. The carpet is worn due to it being a high traffic area. The current lighting in this area is inefficient and ineffective and would be replaced with attractive, energy-saving, and more effective lighting. Councilwoman Johnson stated that it was long overdue and to please consider local Salem businesses when considering purchases. Mayor Foley inquired if the City could piggy-back with another locality's RFP since many libraries have been constructed or renovated recently. John Givens motioned to approve the execution of a refunding bond regarding the estate of Nicholas G. Economy and authorize the City Manager to execute such bond. Jane Johnson seconded the motion. Ayes: Foley, Garst, Givens, Johnson, Jones 7.Closed Session A.Closed Session Hold a closed session pursuant to provisions of Section 2.2-3711A(1) of the 1950 code of Virginia, as amended, to discuss a personnel matter. John Givens motioned that 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 8:14 p.m. for the purpose of discussing 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.. Jane Johnson seconded the motion. Ayes: Foley, Garst, Givens, Johnson, Jones John Givens motioned to reconvene at 8:48 p.m. and that 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. Jane Johnson seconded the motion. Ayes: Foley, Garst, Givens, Johnson, Jones William Jones motioned to appoint James L. Chisom to City Council to fulfill the unexpired term of Lisa D. Garst, term to expire June 30, 2016. Jane Johnson seconded the motion. Ayes: Foley, Garst, Givens, Johnson, Jones 8.Adjournment