HomeMy WebLinkAbout5/13/2013 - City Council - Minutes - RegularUNAPPROVED MINUTES
CITY COUNCIL WORK SESSION
MAY 13, 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 May 13,
2013, at 5:00 p.m., there being present the following members of said Council, to wit: Byron
Randolph Foley, Jane W. Johnson, William D. Jones, and Lisa D. Garst (John C. Givens – absent);
with Byron Randolph Foley, Mayor, presiding; together with Kevin S. Boggess, City Manager;
James E. Taliaferro, II, Assistant City Manager and Clerk of Council; Diane Hyatt, Interim
Director of Finance; and Rosie Jordan, Director of Finance; 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 budget work session; and
WHEREAS, a discussion was held regarding the FY 2013-2014 budget; and
WHEREAS, the work session recessed at 7:15 p.m. and reconvened at 8:20 p.m.
following the regular City Council meeting; and
WHEREAS, discussion resumed regarding the FY 2013-2014 budget; 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 10:20 p.m.
____________________________________
Mayor
_____________________________________
Clerk of Council
UNAPPROVED MINUTES
COUNCIL MEETING
May 13, 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 May 13, 2013, at
7:30 p.m., there being present the following members of said Council, to wit:
Byron Randolph Foley, Jane W. Johnson, William D. Jones, and Lisa D. Garst (John
C. Givens – absent); with Byron Randolph Foley, Mayor, presiding; together with
Kevin S. Boggess, City Manager; James E. Taliaferro, Assistant City Manager and
Clerk of Council; Melinda J. Payne, Director of Planning and Economic
Development; Stephen M. Yost, City Attorney; Charles E. Van Allman, Jr., City
Engineer; Mike Stevens, Communications Director; and Rosie Jordan, Director of
Finance; and the following business was transacted:
The April 22, 2013, work session and regular meeting minutes were
approved as written.
Mayor Foley requested that Council present a Key to the City
commending Francis A. “Doc” Shane on his contributions to the City of Salem ;
and
WHEREAS, N. Michael Tyler, Director of Streets and General
Maintenance, appeared before the Council and stated that it is a honor for him
to be before Council to discuss a friend and Salem businessman; he stated
Francis A. “Doc” Shane grew up in Ohio and graduated from Virginia Tech in
1955; later Doc obtained many professional licenses that enabled him to
produce quality and sound work for many years; Doc began work at Kinsey-
Motley, which later became Kinsey-Shane and Associates; Kinsey-Shane had
been located at 201 West Main Street for many years, until ceasing operations in
the fall of 2012; over the years, Doc and his team have been asked to design
many structures, additions, and alterations for the City; Doc’s first big job for the
City was in 1963, which was a public safety building to house the police and fire
departments; he then read a list of buildings/projects designed by Doc Shane
throughout the city; he stated that Doc has been an important part of making
Salem what it is today; Doc has designed and engineered many buildings and
structures in many surrounding states as well; the next time you drive down
Colonial Avenue as you pass the Virginia Western Community College campus,
the steel overhead walkway that connects the campus is one of Doc
accomplishments; Mr. Tyler stated that he came to work for the City in 1985 and
came to know Doc in 1990 when a project came about to enclose the area
between the Civic Center and the horse building, later known as the Civic Center
ITEM 1
FRANCIS A. “DOC”
SHANE PRESENTED
WITH KEY TO THE
CITY
2
Annex; City Management at the time felt that city staff could complete the
project at a reduced cost to the City; he learned that Doc had an “open door
policy” and he could drop by and ask questions whenever needed; he discussed
various projects he worked with Doc on throughout the city and the things he
learned from working with Doc; he stated that Doc has served the City for many
years and he feels that Doc is a big reason why Salem is what it is today; and
WHEREAS, James E. Taliaferro, II echoed Mr. Tyler’s comments; he stated
that Doc has always been great to work with; Doc would always listen and if
there was an issue with a project, he would change it if necessary; he thanked
Doc for everything he has done for the City; and
WHEREAS, Randy Smith, retired City Manager of the City of Salem,
appeared before Council and echoed the Clerk of Council’s comments; he stated
that it would be very hard to determine the amount of money Doc has saved the
City over the years;
THEREUPON, Council presented Francis A. “Doc” Shane with a Key to the
City commending him on his contributions to the City of Salem.
Mayor Foley requested that Council receive a presentation congratulating
the Sheriff’s Office on State re-accreditation; and
WHEREAS, Gary Dillon, Virginia Department of Criminal Justice Services,
manager of Virginia’s Law Enforcement Accreditation Program, appeared before
the Council and stated that he appears before Council every four years for both
the Salem Police Department and the Salem Sheriff’s Office to present awards
for reaccreditation; he stated that the City of Salem was the first city in the state
of Virginia that had both their police department and sheriff’s office earn
accreditation by the Virginia Accreditation Program; he noted that the Sheriff’s
Office has had two perfect assessments in a row, which is extremely rare in the
accreditation program; he asked that Sheriff Atkins come forward so that he
could present the reaccreditation award to him; he then presented Sheriff Atkins
with the reaccreditation award for the Salem Sheriff’s Office; it was noted that it
was the Sheriff’s Office’s third award for accreditation; and
WHEREAS, Sheriff Eric “Ric” Atkins appeared before the Council and
stated that this is a very humbling experience for him and for the Sheriff’s Office;
he stated that the accreditation/reaccreditation process could not be done
without the support of City Council, the City Manager, Assistant City Manager,
City Staff, as well as the staff of the Sheriff’s Office; he commended the
ITEM 2
PRESENTATION
CONGRATULATING
THE SHERIFF’S OFFICE
ON RECEIVING STATE
RE-ACCREDITATION
3
Accreditation Team; he recognized and commended David Rorer for his efforts
through the accreditation process; he again thanked Council for its support; and
WHEREAS, Council commended Sheriff Atkins and his staff for their hard
work;
THEREUPON, said presentation was received.
Mayor Foley stated that this date and time had been set to hold a public
hearing and to consider an ordinance on first reading amending Chapter 66 –
Signs, Article I, Section 66-1 and 66-6; Article II, Section 66-37; Article III, Division
I, Section 66-72, and Division 5, Section 66-162; Article IV, Section 66-254, 256,
258, and 259; also enacting Section 66-77 of the Code of the City of Salem,
Virginia, pertaining to Signs; notice of such hearing was published in the April 24,
and May 1, 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 April 10,
2013, recommended approval; and
WHEREAS, the City Attorney confirmed that it would not be a conflict of
interest for Councilman Jones to vote regarding the sign ordinance even though
he currently owns a sign company; and
WHEREAS, staff noted the following: this request is to amend Chapter
66, Article I, II, III, & IV pertaining to signs; and
WHEREAS, Benjamin Tripp, Planner, appeared before the Council to
explain the proposed ordinance amendments; he noted this is an update to the
sign ordinance which mostly came out of discussions with City Council, Planning
Commission, and staff during the Comprehensive Plan update process; he
discussed some of the changes to the ordinance; and
WHEREAS, Councilwoman Garst thanked Benjamin Tripp, Mary Ellen
Wines, and Jay Taliaferro for their efforts on the ordinance; she also thanked
Councilman Jones and Councilwoman Johnson for their input and feedback
regarding the proposed changes; and
WHEREAS, Mayor Foley thanked city staff for its diligence and hard work
on amending the ordinance; and
ITEM 3
ORDINANCE
AMENDING
CHAPTER 66 OF THE
CODE OF THE CITY
OF SALEM, VIRGINIA,
PERTAINING TO
SIGNS PASSED ON
FIRST READING
4
WHEREAS, no other person(s) appeared related to said request;
ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY
COUNCILWOMAN GARST, AND DULY CARRIED, an ordinance amending Chapter
66 – Signs, Article I, Section 66-1 and 66-6; Article II, Section 66-37; Article III,
Division I, Section 66-72, and Division 5, Section 66-162; Article IV, Section 66-
254, 256, 258, and 259; also enacting Section 66-77 of the Code of the City of
Salem, Virginia, pertaining to Signs 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 – absent, and Byron Randolph Foley – aye.
Mayor Foley reported that this date and time had been set to hold a
public hearing and consider appropriation of the 2012-2013 mid-year budget
adjustments; notice of such hearing was published in the May 5, 2013, issue of
The Roanoke Times, a newspaper having general circulation in the City of Salem;
and
WHEREAS, Councilman Jones, Vice Chair of Council’s Audit-Finance
Committee, reported that each year City Council is presented with a mid -year
budget adjustment to appropriate the funds for items that happen during the
year, but were not included in the original budget; these are typically granted
revenues that have been received, capital or operating items that needed to be
addressed; the changes are to the General Fund, City Capital Projects, School
Capital Project, School Operating Fund, and the School Grants Fund; after
receiving the report and additional discussion, the Committee recommends that
Council accept the proposed adjustments as presented; and
WHEREAS, no other person(s) appeared related to said request;
ON MOTION MADE BY COUNCILMAN JONES, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, appropriation of the 2012-
2013 mid-year budget adjustments were hereby approved as presented – the
roll call vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W. Johnson – aye,
John C. Givens – absent, and Byron Randolph Foley – aye.
Mayor Foley requested that Council consider adoption of guidelines to
administratively accept and appropriate asset forfeiture proceeds; and
WHEREAS, Councilman Jones, Vice-Chair of Council’s Audit-Finance
Committee, reported that the City of Salem Police and the Commonwealth’s
ITEM 5
GUIDELINES TO
ADMINISTRATIVELY
ACCEPT AND
APPROPRIATE ASSET
FORFEITURE PROCEEDS
APPROVED
ITEM 4
2012-2013 MID-
YEAR BUDGET
ADJUSTMENTS
APPROVED
5
Attorney Office participate in a national and state asset forfeiture program for
working together in conjunction with federal and state law enforcement
agencies; the City receives a portion of these assets seized from offenders during
the commission of a crime; the program guidelines dictate allowable uses of
these funds, which include law enforcement training, investigations, equipment,
matching grant contributions, and other law enforcement uses; proceeds cannot
be used to supplement local funding; because proceeds are received on an on -
going basis, the Committee recommends that the asset forfeiture revenue be
administered appropriately when received; and
WHEREAS, the Director of Finance, stated that as part of the participation
in the asset forfeiture program what has been done is as the money has been
coming in, it has been appropriated at that point; this policy will allow the
money to be appropriated as it is received instead of having to come back to
Council each time; as the police department seizes assets or funds, there is a
portion that comes back to either the police department or commonwealth
attorney and allows the funds to be used to purchase equipment and other
various operational needed items; this policy will allow the process to be
completed more automatically and will reduce the administrative work
associated with the process;
ON A MOTION MADE BY COUNCILMAN JONES, SECONDED BY
COUNCILWOMAN GARST, AND DULY CARRIED, the guidelines to administratively
accept and appropriate asset forfeiture proceeds as part of the Asset Forfeiture
Program were hereby adopted – the roll call vote: Lisa D. Garst – aye, William D.
Jones – aye, Jane W. Johnson – aye, John C. Givens – absent, and Byron
Randolph Foley – aye.
Mayor Foley requested that Council consider appointments to the
Community Policy and Management Team (CPMT); and
WHEREAS, the City Manager stated that there has been some change in
staffing and some change in responsibilities; a couple people have been added
and alternates have been changed; he stated that this is to adopt and reconfirm
appointments and make some new appointments to the CPMT
ON A MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, Frank Turk, Chair with Rosie Jordan as
alternate; Jay Taliaferro, Fiscal Agent with Ben Tripp as alternate; Carol Elmore as
Parent Representative with Wendy Rotanz as alternate; Kelly Dalaski, Member
from Salem School Division with Mandy Hall as alternate; and Dr. Stephen
ITEM S1
APPOINTMENTS TO
CPMT
6
Richardson, Private Provider, were hereby appointed to the City of Salem
Community Policy Management Team (CPMT) – the roll call vote: Lisa D. Garst –
aye, William D. Jones – aye, Jane W. Johnson – aye, John C. Givens – absent, and
Byron Randolph Foley – aye.
Mayor Foley reported that this date and time had been set to hold a
public hearing to consider the request of Concrete Pipe & Precast, Inc., to
authorize a Rights-of-Way Use Agreement; notice of such hearing was published
in the April 30, and May 7, 2013, issues of The Roanoke Times, a newspaper
having general circulation in the City of Salem; and
WHEREAS, the petitioners placed the legal notice, but did not notify the
City that the ad had been placed; therefore, Council feels the item should be
continued and the public hearing held at the next meeting to ensure proper
notification;
ON A MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY
COUNCILWOMAN GARST, AND DULY CARRIED, the request of Concrete Pipe &
Precast, Inc., to authorize a Rights-of-Way Use Agreement was hereby continued
until the May 28, 2013, meeting – the roll call vote: Lisa D. Garst – aye, William
D. Jones – aye, Jane W. Johnson – aye, John C. Givens – absent, and Byron
Randolph Foley – aye.
There being no further business to come before the Council, the same on
motion adjourned at 8:06 p.m.
ITEM S2
CONTINUED UNTIL
MAY 28, 2013,
MEETING