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HomeMy WebLinkAbout9/23/2013 - City Council - Minutes - RegularUNAPPROVED MINUTES CITY COUNCIL WORK SESSION SEPTEMBER 23, 2013 A work session of the Council of the City of Salem, Virginia, was held in the City Manager’s Conference Room, City Hall, 114 North Broad Street, Salem, Virginia, on September 9, 2013, at 6:30 p.m., there being present all the 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, Mayor, presiding; together with Kevin S. Boggess, City Manager; James E. Taliaferro, II, Assistant City Manager and Clerk of Council; Rosie Jordan, Director of Finance; and Krystal M. Farmer, Deputy Clerk of Council; 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, a discussion was held regarding FOIA fees; and WHEREAS, a discussion was held regarding proposed City code changes; and WHEREAS, the City Manager noted that the Sheriff has asked that the courthouse doors close at 4:30 p.m. instead of 5 p.m.; this change will be effective October 7, 2013 ; and WHEREAS, it was noted that there will be an open house held at South Salem Elementary School sometime in December; 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 7:23 p.m. ____________________________________ Mayor _____________________________________ Clerk of Council UNAPPROVED MINUTES COUNCIL MEETING September 23, 2013 A regular meeting of the Council of the City of Salem, Virginia, was held in Council Chambers, City Hall, 114 North Broad Street, on September 23, 2013, at 7:30 p.m., there being present all the 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, Mayor, presiding; together with Kevin S. Boggess, City Manager; James E. Taliaferro, Assistant City Manager and Clerk of Council; Stephen M. Yost, City Attorney; Charles E. Van Allman, Jr., City Engineer; Melinda J. Payne, Director of Planning and Economic Development; and Rosie Jordan, Director of Finance; and the following business was transacted: The September 9, 2013, work session and regular meeting minutes were approved as written. It was noted that Vinnie and Gill were present at the meeting for credit for their civics class. It was also noted that new Salem Police Officer Tyler was present at this meeting as part of his field training requirements. Mayor Foley reported that this date and time had been set to receive views of citizens and candidates regarding the appointment to fill the expiring terms of two members of the Salem School Board; notice of such hearing was published in the September 12, 2013, issue of The Roanoke Times, a newspaper having general circulation in the City of Salem; and WHEREAS, Artice Ledbetter, 1906 Millstream Drive, appeared before the Council seeking to be reappointed to the Salem School Board; and WHEREAS, Daniel Netting, 1618 Sunset Avenue, appeared before the Council seeking to be considered for appointment to the Salem School Board; and WHEREAS, Kathy Shelton, 2113 Mountain Avenue, appeared before the Council seeking to be considered for appointment to the Salem School Board; and WHEREAS, Andy Raines, 1305 Winston Drive, appeared before the Council seeking to be considered for appointment to the Salem School Board; and ITEM 1 PUBLIC HEARING HELD TO RECEIVE VIEWS OF CITIZENS AND CANDIDATES REGARDING APPOINTMENT TO FILL THE EXPIRING TERMS OF TWO MEMBERS OF THE SALEM SCHOOL BOARD 2 WHEREAS, no other person(s) appeared related to the item; THEREUPON, public hearing was held. Mayor Foley noted that interviews will be scheduled within the next couple weeks with the intention of making the appointments on October 28, 2013. The City Manager stated that the appointees’ official term does not become effective until January 1, 2014, but the early appointment will allow them to attend the annual School Board training. Councilman Jones and City Council thanked Mrs. Southard for her years of dedicated service to the School Board and the children of Salem. Mayor Foley requested that Council consider adopting Resolution 123 9 establishing an underground utility corridor covering the East Main Street Improvement Project; and WHEREAS, the Assistant City Manager stated that part of the East Main Street Project is burying the electric cable and telephone utilities; in order for VDOT to pay a portion of the costs associated with burying the utilities, the City has to designate this as an underground utility corridor; Resolution 1239 would establish East Main Street from Thompson Memorial Drive to Kesler Mill Road as an underground corridor and any utilities placed in that area would have to be buried; and WHEREAS, Councilwoman Garst thanked the Assistant City Manager and the City Engineer for their efforts to keep this project going; and WHEREAS, Mayor Foley questioned if VDOT has given an approximate completion date for the project; and WHEREAS, the Assistant City Manager stated that it is hopeful that VDOT will begin in 2017 with Phase I of the project, which is slated to be from Thompson Memorial Drive to Brand Avenue; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, Resolution 1239 establishing an underground utility corridor covering the East Main Street Improvement Project was hereby adopted – the roll call vote: Lisa D. Garst – aye, William D. Jones – ITEM 2 RESOLUTION 1239 ADOPTED ESTABLISHING AN UNDERGROUND UTILITY CORRIDOR COVERING THE EAST MAIN STREET IMPROVEMENT PROJECT 3 aye; Jane W. Johnson – aye, John C. Givens – aye; and Byron Randolph Foley – aye. Mayor Foley requested that Council accept and appropriate grant funds from the National Highway Traffic Safety Administration; and WHEREAS, Vice Mayor Givens, Chair of Council’s Audit-Finance Committee, reported that the Committee reviewed the request to appropriate grant funds received from the National Highway Traffic Safety Administration; the City has been awarded three pass-through grants totaling $29,345, which will be administered by the Virginia Department of Motor Vehicles; grant funds will be used to purchase radar equipment and reimburse overtime charges incurred to staff various checkpoints and patrols throughout the City; the grant mandates that checkpoints and patrols focus on alcohol and speed enforcement and occupancy protection; the City is required to provide matching funds by covering vehicle maintenance and fuel costs, which are funded as part of the Police Department’s operating budget; the Committee recommends approval of the appropriation request; ON A MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, acceptance and appropriation of grant funds from the National Highway Traffic Safety Administration in the amount of $29,345 were hereby approved – 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. Mayor Foley requested that Council consider request to commit funds from credit received from AEP for calendar 2012; and WHEREAS, Vice Mayor Givens, Chair of Council’s Audit-Finance Committee, reported that the Committee reviewed the request to commit funds from a credit from AEP; the City purchases power for resale through American Electric Power (AEP); in accordance with the contract, AEP is allowed to charge back to the City environmental and other costs as approved by the Federal Energy Regulation Commission (FERC); these costs relate to AEP’s overall transmission and power production costs and are allocated to the City; they are not a direct result of activities in Salem; the true up of charges is done annually; the true up for calendar year 2012 resulted in a credit to the City of $2,301,092; it will be beneficial to the City to set these funds aside to help offset future rate increases or large true up charges; the Committee recommends approval of this ITEM 4 REQUEST TO COMMIT FUNDS FROM CREDIT RECEIVED FROM AEP FOR CALENDAR YEAR 2012 ITEM 3 APPROPRIATION OF GRANT FUNDS FROM THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 4 commitment of funds request; and WHEREAS, the City Manager noted that while the City had a $2.3 million credit this year, the prior year was almost a $3 million deficit; the City has been advised that there should not be these large swings as we move forward because a lot of the environmental work has been done; it could occur again; therefore, it is advised that this money be set aside; ON A MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, the request to commit funds received from AEP for calendar year 2012 in the amount of $2,301,092 was hereby approved – 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. Mayor Foley requested that Council consider setting bond for erosion and sediment control and landscaping for the Hometown Bank project; and WHEREAS, Vice Mayor Givens, Chair of Council’s Audit-Finance Committee, reported that the Committee reviewed the estimate for erosion and sediment control and landscaping for the Hometown Bank project; the Committee concurs with the Engineering Department’s recommendation that bond be set in the amount of $25,610 with a time limit of twelve (12) months for completion; and WHEREAS, it was noted that the location of the project is on West Main Street in front of Lowe’s and adjacent to Pine Ridge Nursery; the project is expected to begin around the first of October; ON A MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, bond for erosion and sediment control and landscaping for the Hometown Bank project was hereby set at $25,610 with a time limit of twelve (12) months for completion – 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. Mayor Foley requested Council consider the request for donation to the Salem Band Boosters ($3,994.50) equal to the amount of admissions tax paid in connection with the Drum Corps International Summer Music Games held July 30, 2013; ITEM 5 DONATION APPROVED TO SALEM BAND BOOSTERS EQUAL TO AMOUNT OF ADMISSIONS TAX PAID IN CONNECTION WITH THE DRUM CORPS INTERNATIONAL SUMMER MUSIC GAMES ITEM S1 BOND AND TIME LIMIT SET FOR HOMETOWN BANK PROJECT 5 ON A MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, a donation in the amount of $3,994.50 to the Salem Band Boosters equal to the amount of the admissions tax paid in connection with the Drum Corps International Summer Music Games held July 30, 2013, was hereby approved - the roll call vote: Lisa D. Garst – nay, William D. Jones – aye; Jane W. Johnson – aye, John C. Givens – aye; and Byron Randolph Foley – aye. Mayor Foley requested that Council consider an ordinance on first reading creating the Western Virginia Regional Industrial Facility Authority; and WHEREAS, the City Manager stated that there has been some discussion over the last six months or so about the development of a regional industrial facilities authority that would allow all of the local governments that are a part of the enabling legislation, that adopt the ordinances, to participate jointly in economic development projects; it does not mean that all jurisdictions have to participate in every project, but can pair up or join in any combination of the participating local governments; i.e. the City of Salem owns the old water treatment plant located in Roanoke County, once this is approved and adopted, without a great deal of extra work, Salem can partner with Roanoke County to jointly develop the property and jointly share in the revenue generated from the development; he stated that this is a way for localities to work together to help economic growth in the valley; he stated that the ordinance authorizes the Mayor to officially enter into the Western Virgina Regional Industrial Facility Authority, along with the other local governments that include Botetourt County, Franklin County, Montgomery County, Roanoke County, the City of Roanoke, the City of Salem, and the Town of Vinton; he further stated that there are by-laws and will be a formal organization that will include a Board of Directors that will actually facilitate the authority, which is established in the Virginia State Code; he asked that Council approve the ordinance, and stated that it is hoped that there will be a ceremonial signing event on October 9, 2013, in Roanoke City where each of the heads of the local governments would sign the document in an official capacity as part of the ceremony; and WHEREAS, the City Attorney stated that the attorneys for each of the jurisdictions have been involved in the process for some time; he stated that there are developed by-laws and there will two representatives on the Board from each of the seven (7) jurisdictions who will serve four-year terms; the process involves filing the ordinances, once they are adopted by all seven jurisdictions, with the Secretary of the Commonwealth where a charter then is issued; it gives localities great flexibility to participate; and ITEM S2 ORDINANCE PASSED ON FIRST READING CREATING THE WESTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY 6 WHEREAS, Councilwoman Garst noted that each locality makes its own decision on whether to participate or not to participate in a project; and WHEREAS, the City Attorney noted that there would be participation agreements, revenue sharing agreements and it would be up to Council to determine if it wants to be a partner in any particular venture that may be undertaken; and WHEREAS, Councilman Jones questioned the costs associated with the Authority; and WHEREAS, the City Manager stated that each project will have its own costs and its own investment from the partners who join into it; the Authority will have its membership, but will be staff members or elected officials, there is no paid staff that will be a part of this Authority; ON A MOTION MADE BY COUNCILWOMAN GARST, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, an ordinance creating the Western Virginia Regional Industrial Facility Authority was hereby passed 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. There being no further business to come before the Council, the same on motion adjourned at 8:00 p.m.