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HomeMy WebLinkAbout8/12/2013 - City Council - Minutes - RegularUNAPPROVED MINUTES COUNCIL MEETING August 12, 2013 A regular meeting of the Council of the City of Salem, Virginia, was held in the Auditorium at Salem High School, 400 Spartan Drive, on August 12, 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; William L. Simpson, Jr., Assistant City Engineer; Melinda J. Payne, Director of Planning and Economic Development; Mike Stevens, Communications Director; and Rosie Jordan, Director of Finance; and the following business was transacted: A moment of silence was held in memoriam of Phillip Lorden, a 2004 Salem High School graduate, who was killed recently in a boating accident. It was noted that Officers Critz and Johnston were present at this meeting as part of their field training requirements. The July 22, 2013, work session and regular meeting minutes were approved as written. The report by the Director of Finance of the City’s financial status for a twelve-month period ending June 30, 2013, was received and ordered filed. Mayor Foley requested that Council consider adopting Resolution 1236 commending Michael Drougas for winning the 2013 State AA Tennis Singles Championship; and WHEREAS, Mayor Foley read the resolution; and WHEREAS, Council presented Michael Drougas with a copy of the resolution along with a Championship pin; and ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, Resolution 1236 commending Michael Drougas for winning the 2013 State AA Tennis Single Championship was hereby adopted – 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 RESOLUTION 1236 ADOPTED COMMENDING MICHAEL DROUGAS FOR WINNING THE 2013 STATE AA TENNIS SINGLES CHAMPIONSHIP 2 Mayor Foley requested that Council consider adopting Resolution 1235 commending the Salem High School Forensics Team for winning the 2013 State AA Forensics Championship; and WHEREAS, Mayor Foley read the resolution; and WHEREAS, Council presented members of the team with a copy of the resolution along with a Championship pin; those not present were to receive their resolution and pins from Principal Habeeb; ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, Resolution 1235 commending the Salem High School Forensics Team for winning the 2013 State AA Forensics Championship was hereby adopted – 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 reported that this date and time had been set to hold a public hearing and consider Resolution 1234 appointing viewers to vacate and close a certain portion of an 18-foot alley that extends from West Calhoun Street southerly for a distance of 150 feet to West Burwell Street; and WHEREAS, it was noted that this item was continued from the July 22, 2013, meeting; and WHEREAS, Edward Wallace, 407 West Burwell Street, appeared before the Council and stated that the alley in question is next to his property and that of his neighbor’s; he stated that he has taken care of the alley for the last 45 years; he would like to close one end of the alley in order to park his RV behind his residence; he stated that he is the only one who uses the alley and has to use the alley in order to access his garage; he has spoken with his neighbor and his neighbor does not have an interest in the alley; he requested that Council consider vacating the alley; and WHEREAS, no other person(s) appeared before the Council related to this request; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, Resolution 1234 appointing viewers to vacate and close a certain portion of an 18-foot gravel alley that ITEM 3 RESOLUTION 1234 ADOPTED APPOINTING VIEWERS TO VACATE AND CLOSE A PORTION OF AN 18-FOOT ALLEY THAT EXTENDS FROM WEST CALHOUN STREET SOUTHERLY FOR A DISTANCE OF 150 FEET TO WEST BURWELL STREET ITEM 1 RESOLUTION 1235 ADOPTED COMMENDING THE SALEM HIGH SCHOOL FORENSICS TEAM FOR WINNING THE 2013 STATE AA FORENSICS CHAMPIONSHIP 3 extends from West Calhoun Street southerly for a distance of 150 feet to West Burwell Street was hereby adopted – 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 accept public comment and consider an ordinance on first reading approving a cable franchise agreement between the City of Salem and Comcast of Connecticut/Georgia/Massachusetts/New Hampshire/New York/North Carolina/Virginia/Vermont, LLC; notice of such action was published in the July 29 and August 5, 2013, issues of The Roanoke Times, a newspaper having general circulation in the City of Salem; and WHEREAS, Frank Munley, 425 Boulevard, appeared before the Council; he stated that about 15 years ago a meeting was held regarding Adelphia and he opposed entering into a 10-year agreement then and opposes it now; 10 years is a long time for this type of business; he would like a 5-year agreement instead of a 10-year agreement; he stated that in November 2012, The Roanoke Times had an article on the agreement being hammered out between the City and Comcast dealing with a local office still being located in the City of Salem; also an opt-out provision was mentioned and he questioned if that is still a part of the agreement; and WHEREAS, Mayor Foley questioned the City Attorney if he was familiar with such an option being in the agreement; and WHEREAS, the City Attorney stated that his comments are subject to be corrected by the City’s special legal counsel Bob Allen, who has represented the City on this matter; the City has been following his advice regarding the franchise agreement; he stated that there is a provision in the agreement that states if the franchisee materially fails to comply with the terms of the franchise agreement, the City may impose appropriate penalties, liquidated damage-type penalties, and ultimately the provision will allow the revocation of the franchise, which is a difficult and long-term process; Comcast has property rights and due process must be given; he noted that the negotiated term is a 10-year term and speculated that under Virginia law, Comcast or any incumbent franchisee has the right to operate and not have to proceed under a negotiated agreement, but can operate under an ordinance franchise where Comcast can notify the locality that it is going to unilaterally extend the agreement and under Virginia law there are only 12 items that are under discussion in an ordinance agreement for a 15 -year term; he further speculated that Council could have asked for a 5-year term, which is how the 10-year term came about in the negotiated agreement; and ITEM 4 PUBLIC COMMENTS RECEIVED AND ORDINANCE PASSED ON FIRST READING APPROVING A CABLE FRANCHISE AGREEMENT BETWEEN THE CITY OF SALEM AND COMCAST OF CONNECTICUT/ GEORGIA/ MASSACHUSETTS/ NEW HAMPSHIRE/ NEW YORK/NORTH CAROLINA/VIRGINIA/ VERMONT, LLC 4 WHEREAS, Mr. Munley thanked the City Attorney for his insight and questioned if it is Comcast’s decision on whether to go with an ordinance type franchise agreement; and WHEREAS, the City Attorney stated that it is his understanding that it is Comcast’s decision; however, Comcast has not attempted to move forward with an ordinance type franchise agreement; Comcast has been negotiating with the City during this period of time and he assumes that Comcast is in agreement with the proposed agreement; and WHEREAS, Peter Tosh, 6565 Fairway View Trail, Roanoke County, appeared before the Council and stated that he has a vested interest as he is serviced by Comcast but not by choice; he submitted a series of questions regarding the Comcast Customer Service office, upgrades to the system, and rate increases; and WHEREAS, a discussion was held regarding the questions Mr. Tosh submitted; and DUE TO AN EQUIPMENT MALFUNCTION, THE REMAINDER OF THE MINUTES WAS PREPARED WITHOUT THE USE OF AN AUDIO RECORDING. WHEREAS, Rob Furr, 460 Deer Run Circle, appeared before the Council and stated that he has had Cox-Time Warner the past few years and is not in favor of an agreement with Comcast; he is concerned about there being no stipulations in place for quality after the franchise agreement is granted; other localities are doing their own; and WHEREAS, Jim Reynolds, 2341 Mowles Drive, appeared before the Council and stated that when Comcast took over his bill increased over $1.00 and have gone up steadily since then; and WHEREAS, no other person(s) appeared related to the item; ON A MOTION MADE BY COUNCILMAN JONES, SECONDED BY VICE MAYOR GIVENS, AND DULY CARRIED, an ordinance approving a cable franchise agreement between the City of Salem and Comcast of Connecticut/Georgia/ Massachusetts/New Hampshire/New York/North Carolina/Virginia/Vermont, LLC was hereby passed on first reading with quarterly reviews the first year and every six months for the remainder of the agreement – the roll call vote: Lisa D. Garst – nay, William D. Jones – aye, Jane W. Johnson – aye, John C. Givens – aye, 5 and Byron Randolph Foley – aye. Mayor Foley requested that Council consider request to appropriate highway maintenance funds of $6,401 from the prior year to the Street Department; and WHEREAS, Vice Mayor Givens, Chair of Council’s Audit-Finance Committee, reported that the Committee reviewed the request to appropriate state highway funds; at the June 10, 2013, Council meeting, Council appropriated funds from the prior year that was carried over to purchase a roller for road patching; as this order was not placed prior to June 30, 2013, these funds must be re-appropriated in order to complete the purchase; the Committee recommends approval of the appropriation request; ON A MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, the request to appropriate state highway funds in the amount of $6,401 from the prior year to the Street Department 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 physical improvements for the Star Tag and Label project; and WHEREAS, Vice Mayor Givens, Chair of Council’s Audit-Finance Committee, reported that the Committee reviewed the performance bond for physical improvements for the Star Tag and Label project and recommended setting bond at $18,910 with a time limit of twelve (12) months for completion; ON A MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, the performance bond for physical improvements for the Star Tag and Label project was hereby set at $18,910 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 that Council consider approval of the Blue Ridge Behavioral Healthcare’s proposed fiscal year 2014 Performance Contract with the Virginia Department of Behavioral Health and Developmental Services; and WHEREAS, it was noted that the City of Salem participates with Blue ITEM 5 HIGHWAY MAINTENANCE FUNDS RE-APPROPRIATED ITEM 6 BOND AND TIME LIMIT SET FOR STAR TAG AND LABEL PROJECT IN THE AMOUNT OF $18,910 ITEM 7 BRBH FISCAL YEAR 2014 PERFORMANCE CONTRACT WITH VIRGINIA DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES APPROVED 6 Ridge Behavioral Healthcare in providing Mental Health/Mental Retardation and Substance Abuse Services to the citizens of Salem and the Roanoke Region; each year, BRBH enters into a “Performance Contract” with the Commonwealth of Virginia Department of Medical Assistance/Department of Mental Health/Mental Retardation for providing services in its service area; the Code of Virginia, Section 37.2-508 or 37.2-608, requires the local governing body to be given the option to review and concur in the plan to be submitted; for fiscal year 2013-14, Salem will contribute $103,500 to BRBH; BRBH forwarded a copy of its FY2014 Community Services Performance Contract to Council for approval; ON A MOTION MADE BY COUNCILWOMAN GARST, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, the request to appropriate a grant of $7,100 from the Rescue Squad Assistance Fund (RSAF) 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 appointments to fill vacancies on various boards and commissions; ON A MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, Eric A. “Ric” Atkins was hereby reappointed to the Court-Community Corrections Regional Alcohol Safety Action Program Policy Board for a three-year term, said term will expire June 30, 2016; Bruce N. Thomasson was hereby reappointed to the Planning Commission and NPDES Citizens’ Committee for a four-year term, said term will expire August 28, 2017; Denise P. “Dee” King was hereby appointed to the Planning Commission and NPDES Citizens’ Committee to fill the unexpired term of Terrance D. “Terry” Murphy, said term will expire July 31, 2014; and Margaret Humphrey was hereby reappointed to the Personnel Board for a two-year term, said term will expire August 12, 2015 – 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. Council thanked Terry Murphy for his years of service on the Planning Commission. There being no further business to come before the Council, the same on motion adjourned at 8:21 p.m. ITEM 8 RIC ATKINS REAPPOINTED TO CCCR ALCOHOL SAFETY ACTION PROGRAM POLICY BOARD; BRUCE THOMASSON REAPPOINTED AND DEE KING APPOINTED TO PLANNING COMMISSION AND NPDES CITIZENS’ COMMITTEE; MARGARET HUMPHREY REAPPOINTED TO PERSONNEL BOARD