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HomeMy WebLinkAbout6/24/2013 - City Council - Minutes - RegularUNAPPROVED MINUTES CITY COUNCIL WORK SESSION JUNE 24, 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 June 24, 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; 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, Paul Combs and John Conwell from Comcast gave an update on the completed system upgrade, etc.; and WHEREAS, the work session was adjourned at 6:58 p.m. and was reconvened at 8:20 p.m. after adjournment of the regular Council meeting; and WHEREAS, a discussion was held regarding the upcoming Annual VML Conference; 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 8:29p.m. ____________________________________ Mayor _____________________________________ Clerk of Council UNAPPROVED MINUTES COUNCIL MEETING June 24, 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 June 24, 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; Mike Stevens, Communications Director; Rosie Jordan, Director of Finance; Judy Hough, Planner; and Benjamin Tripp, Planner; and the following business was transacted: It was noted that Officer Todd Wiley was present at the meeting of Council as part of his training program. The June 10, 2013, work session and regular meeting minutes were approved as written. Mayor Foley stated that the Pride in Salem Green Awards would be presented first even though it was not the first item on the agenda; and WHEREAS, the nominees and winners present were presented with certificates as follows: • Best Landscape and Beautification - Sherwood Memorial Park (winner), Chick-fil-A, Salem VA Medical Center, John McNamara's Center for Chiropractic Health & Education • Best Job of Renovation and Energy Efficiency - Salem Museum (winner), Roanoke Valley Wine Company, John M. Oakey & Son Funeral Home • Best Job of Reducing and Reusing of Resources -Joe's Deli (winner), ITT Technical Institute of Salem, El Cubanito Restaurant, Fame Allstars THEREUPON, said presentation was complet ed. Mayor Foley reported that this date and time had been set to hold a public hearing to consider the request of Farmer & Quinn LLC, lessee, Metts Investments LLC, property owner, for the issuance of an "Use Not Provided For" ITEMl USE NOTPROVIDED FOR PERMITlSSUED TOf,JlOW AN AUCTIONAND APPRAISAL BUSINESS ON lHE PROPERTY LOCATED AT1701MIDlAND ROAD (T/M 230-6-1) ITEMSl PRESENTATION OF PRIDE INSALEM GREEN AWARr:15 2 Permit to allow an auction and appraisal business on the property located at 1701 Midland Road (Tax Map #230-6-1); notice of such hearing was published in the May 29 and June 5, 2013, issues of The Roanoke Times. a newspaper having general circulation in the City of Salem; and WHEREAS, the Planning Commission at its regular meeting held June 12, 2013, recommended approval of said request; and WHEREAS, staff noted the following: the subject property consists of a 4.5 acre parcel located at the eastern corner of the intersection of Easton and Midland Roads, near the intersection with Route 419; the parcel is occupied by a large single story, multi-tenant industrial building; this request is for an "Use Not Provided For" permit to allow an auction gallery in a portion of the building (approximately 12,650 square feet); the auction use will be combined with warehousing, which is allowed by-right in the zoning district; and WHEREAS, William "Will" Farmer of 431 Homeplace Drive, representing Ic.U,I...m1 a-.- 'S-"l". f"'"-'C\,,,'1,.11111n11 .I_.Ir ....,.. ".,.-n"n'a,::i.-,.a_,r_l -h-·afn_,.--a -111t,,1h, a rn,_,,1r""i°1l1 1in11 .C.l,_,n, n,,n.,_.-,-.t_n,f -' th, a "I_le_,a_ Il\•l-n1-1t. Provided For" Permit request; he noted that the proposed use \is for an auction house, which they are proposing to relocate from Radford; he has recently been hired as the General Manager, and his father has been in the real estate, antique and personal property business for 30 years; the space that they have in Radford currently occupies about 11,000 square feet as an antique auction house and appraisal business; when he took over the business, one of the things he set about to do was to move the business back to this area as he is a Roanoke College graduate; he has spent the past 10 years working in the real estate business and also for Cox Communications; but he has been an auctioneer for 10 years and loves the personal property and antique business and knew that coming back to an area that is much more robust with a lot happening was needed; the building that they identified is a manufacturing -type building with over 60,000 square feet, and the space they will be leasing is approximately 12,600 square feet with a great side entrance, separate parking and area for a showroom space, etc.; they typically hold two or three auctions a month and usually Tuesday evenings and Saturdays; he noted that he hopes to open the business by September 1, 2013; and WHEREAS, a discussion was held regarding the nature of the business, partnerships, parking, etc.; and WHEREAS, no other person(s) appeared related to the request; 3 ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, the request of Farmer & Quinn LLC, lessee, Metts Investments LLC, property owner, for the issuance of an "Use Not Provided For" Permit to allow an auction and appraisal business on the property located at 1701Midland Road {Tax Map #230-6-1) 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 and erosion and sediment control for the Penley Sanitary Sewer Extension project; and WHEREAS, Vice Mayor Givens, Chair of Council's Audit -Finance Committee, reported that the Committee reviewed the performance bond for physical improvements and erosion and sediment control for the Penley Sanitary Sewer Extension project and recommends setting bond at $19,519 with a time limit of twelve (12) months for completion; ON A MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, the performance bond for physical improvements and erosion and sediment control for the Penley Sanitary Sewer Extension project was hereby set at $19,419 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 setting bond for physical improvements and erosion and sediment control for the Penley Sanitary Sewer Extension project; and WHEREAS, Vice Mayor Givens, Chair of Council's Audit -Finance Committee, reported that the Committee reviewed the performance bond for physical improvements and erosion and sediment control for the BB&T Branch project and recommends setting bond at $32,643 with a time limit of twelve {12) months for completion; ON A MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, the performance bond for physical improvements and erosion and sediment control for the BB&T Branch project was hereby set at $32,643 with a time limit of twelve {12) months for completion ITEM3 BONDANDTIMEUMlf SEfFORBB&T BRANG-l lWJK PROJECT BOND ANDTIME LIMIT SEfFOR PENLEY SANITARYSEWER EXTENSION PROJECT 4 - 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 and erosion and sediment control for the Bethel Baptist Church project; and WHEREAS, Vice Mayor Givens, Chair of Council's Audit -Finance Committee, reported that the Committee reviewed the performance bond for physical improvements and erosion and sediment control for the Bethel Baptist Church project and recommends setting bond at $5,511 with a time limit of twelve (12) months for completion; ON A MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, the performance bond for physical improvements and erosion and sediment control for the Bethel Baptist Church project was hereby set at $5,511 with a tirne lirnit 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 setting bond for physical improvements and erosion and sediment control for the Wells Fargo ATM project; and WHEREAS, Vice Mayor Givens, Chair of Council's Audit -Finance Committee, reported that the Committee reviewed the performance bond for physical improvements and erosion and sediment control for the Wells Fargo ATM project and recommends setting bond at $6,390 with a time limit of twelve (12) months for completion; and WHEREAS, a discussion was held regarding the location of the ATM on the property, traffic, etc.; UN A MU I IUN MAUt. t:SY VILt. MAY UK l:JIVt.N:>, :>t.LUNUt.U t:SY COUNCILMAN JONES, AND DULY CARRIED, the performance bond for physical improvements and erosion and sediment control for the Wells Fargo ATM project was hereby set at $6,390 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. BOND ANDTIME LIMIT SEfFORBETHEL BAPTISTG-IURG-1 PROJECT ITEMS BONDANDTIMEUMrT SEfFORWEUSFARGO AlMPROJECT 5 Mayor Foley requested that Council consider adopting guidelines to administratively accept and appropriate donations for the Drug Abuse resistance and Education (DARE) Program and the Animal Shelter; and WHEREAS, Vice Mayor Givens, Chair of Council's Audit -Finance Committee, reported that the DARE Program and the Animal Shelter often receive donations from individuals and civic groups that provide valuable resources to supplement local funding; because proceeds are received on an on­ going basis, the Committee recommends that donation revenue be administratively appropriated if $5,000 or less, upon receipt, to be spent for the DARE program or Animal Shelter as specified by the donor; and WHEREAS, the Director of Finance noted that a $5,500 donation to the DARE program was received from the Salem lions Club and requested that those funds also be appropriated to the DARE expenditure account in the Police Department; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, guidelines to administratively accept and appropriate donations for the DARE Program and the Animal Shelter were hereby adopted; also $5,500 donated from the Salem lions Club is hereby appropriated to the DARE expenditure account in the Police Department - 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 receive report and consider amending the School Operating Fund budget as approved by the School Board on May 14, 2013; and WHEREAS, Vice Mayor Givens, Chair of Council's Audit-Finance Committee, reported that the School Operating Fund budget was amended by the School Board at their meeting on May 14, 2013; previous funding requests for the ERP project, which includes general ledger, timekeeper and payroll software, included software costs only; the School Board appropriated $148,520 from their capital reserve to cover their share of the ERP hardware costs; the Committee recommends approval of the School Board's allocation of capital reserve funds to the line item listed in the capital projects fund for ERP costs; and WHEREAS, the Director of Finance stated that when the project began, the money was appropriated for the software only; it was found several months llcM6 GUIDELINES AOOPfEDlD ADMINISTRA1l\/ELY ACCEPTAND APPROPRIATE OONAllONS FOR DARE PROGRAM ANDANIMAL SHELTER llcM7 SOkJOL OPERATING RJND BUDGETAMENDED ASAPPROVED BY lHESOiOOL BOARD ON MAY14, 2013 6 ago that the hardware portion had not been appropriated; therefore, the Interim Director of Finance talked to the School Board and the Board agreed to appropriate the money out of their reserves for the capital project; this request is for Council to concur with the School Board's appropriation; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, the amendment to the School Operating Fund Budget in the amount of $148,520 from their capital reserve to cover their share of the ERP hardware costs 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 receive report regarding continuation of fiscal agent agreements between the City and Court Community Corrections/VASAP and the Cardinal Criminal Justice Academy for fiscal year 2013-2014; and WHEREAS, the Director of Finance stated the City of Salem acts as the fiscal agent for Court Community Corrections Regional Alcohol Safety Action Program Board and the Cardinal Criminal Justice Academy; the City has acted as the fiscal agent for a number of years and no difficulties have been experienced; each of the agencies reimburse the City for all out -of-pocket expenses such as audit fees, materials, supplies, and all other contractually related items; they also reimburse a portion of the salary and fringe benefits for the departments that are involved in providing services for the agencies; ON MOTION MADE BY COUNCILMAN JONES, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, fiscal agent contracts between the City and Court Community Corrections/VASAP and the Cardinal Criminal Justice Academy for fiscal year 2013 -2014 were hereby approved and the City Manager is authorized to execute the contracts - 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 receive report and consider approval of insurance carrier for property and liability insurance for fiscal year 2013 -2014; and WHEREAS, Vice Mayor Givens, Chair of Council's Audit -Finance Committee, reported that the Committee discussed and recommends awarding ITEM8 RSCALAGENf CONTRACTS FOR COURf COMMUNITY WRKl:CI ICJN::,/ VAS/lf'ANDlHE CARDINAL CRIMINALJUSTICE ACADEMY FOR FY 2013-14APPROVED PROPERTY AND UABllflY INSURANCE AWARDEDTOVML FOR FY2013-14 7 property and liability insurance to VML with a $10 million umbrella policy; and WHEREAS, the Director of Finance stated that the City requested sealed proposals for property and liability insurance on May 21, 2013; the results of the RFP were analyzed by the City's consultant and were presented to the Insurance Committee for review; after reviewing the summary of the proposals, the committee recommended the City proceed to bind coverage with VML Insurance Programs effective July 1, 2013; staff also requests that Council authorize the City Manager to sign the agreement and bind the coverage with VML Insurance Programs as of July 1, 2013; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, property and liability insurance was hereby awarded to VML with a $10 million umbrella policy for fiscal year 2013-2014 and the City Manager is hereby authorized to execute the agreement - 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 receive the Abstract of Votes cast at the June 11, 2013, Democratic Primary Election; THEREUPON, Abstract of Votes was received. Mayor Foley requested that Council consider appointments to fill vacancies on various boards and commissions; ON MOTION MADE BY COUNCILWOMAN GARST, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, Tom Bowers 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; Frank Turk was hereby appointed to the Court -Community Corrections Regional Community Criminal Justice Board for a three -year term, said term will expire June 30, 2016; William R. Shepherd and James W. Thweatt, Jr., were hereby reappointed to the Personnel Board for two -year terms, said terms will expire June 9, 2015; and Charles T. Gwaltney and Betty Waldron were hereby reappointed to the Fair Housing Board for three -year terms, said terms will expire July 1, 2016 - 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. ITEMll lDMBOWERS REAPPOINTEDlD a::c:REGIONAL ALCDHOLSAFETY ACTION PROGRAM POl..lC( BOARD; FRANKlURK REAPPOINTED TO a::c:REGIONAI.. COMMUNITY CRIMINAi.JUSTICE BOARD;WIWAM SHEPHERD AND ..IAMESlHWEATTJR REAPPOINTED TO PERSONNEL BOARD; G-fARLESGWAl..lNEV ANDBETTY WALDRON REAPPOINTED TO FAIR HOUSING BOARD ITEMlO RECEIVED ABSTRACT OFVOlESCAST AT JUNE11, 2013, DEMOCRATIC PRIMAAYE1£CTION 8 Mayor Foley requested that Council receive report and consider awarding contract for repairs to the bridge located at Route 419 North Bound over the NS Railway {Structure #1813); and WHEREAS, Vice Mayor Givens, Chair of Council's Audit -Finance Committee, reported that the Committee reviewed bids for bridge repairs for the bridge at Route 419 North Bound over the NS Railway; the bids were reviewed by the Engineering Department; the Committee recommends approval to accept the low bid from Applied Polymerics Inc., in the amount of $127,975 to be paid from state maintenance funds; and WHEREAS, the City Engineer stated that six bids were received; the Engineer's estimate for the work was approximately $172,000; the project came in lower than expected; the bids were reviewed by the City's consultants and recommended that the low bid be accepted; he stated that part of the project is to repair the railing along the bridge and to patch part of the deck of the bridge; he stated that work should begin the end of July or the first of August and will take approximately six weeks to complete; he noted that the Sheetz entrance and exit on Route 419 will remain open throughout the project; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, the contract for bridge repairs for the bridge at Route 419 North Bound over the NS Railway {Structure #1813) was hereby awarded to Applied Polymerics, Inc., in the amount of $127,975 to be paid from state maintenance funds - 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 adopting Resolution 1232 appointing members to the Other Post -Employment Benefits {OPEB) Trust Fund; and WHEREAS, the Director of Finance stated that the City has funded its OPEB with a pulled trust and as the meeting was getting ready to be scheduled for this fiscai year, it became known that a change in membership ofthe committee needed to be made; it was also discovered that the appointments to the committee, the City's Local Finance Council were by name and not by position; therefore, the resolution to be adopted authorizes the actual positions to be appointed to the Finance Council; the positions are defined in the Trust Joinder Agreement for Participating Employees under the Virginia Pooled OPEB Trust; ITEMS2 APPLIED POLYMERICSINC AWARDED ffiNTRACTFOR BRIDGE REPAIRS FORlHEBRIDGEAT ROUTE419NORTH BOUNDOVERlHE NSRAILWAY ITEMS3 RESOLUTION 1232 ADOPlED APPOINTING MEMBERSlDlHE OPEBlRUSTFUND 9 ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, Resolution 1232 appointing members to the Other Post-Employment Benefits (OPEB) Trust Fund 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. There being no further business to come before the Council, the same on motion adjourned at 8:18 p.m.