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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