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Home My WebLink About8/13/2012 - City Council - Minutes - RegularUNAPPROVED MINUTES CITY COUNCIL WORK SESSION August 13, 2012 A work session of the Council of the City of Salem, Virginia, was held in the City Council’s Conference Room, City Hall, 114 North Broad Street, Salem, Virginia, on August 13, 2012, 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; Stephen M. Yost, City Attorney; and Frank P. Turk, 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 work session; and WHEREAS, a closed session was held for consultation with legal counsel; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, in accordance with Section 2.2-3711 A. (7) of the Code of Virginia, 1950 as amended to date, Council convene to closed session for the purpose of consultation with legal counsel regarding specific legal matters requiring the provision of legal advice– 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. Upon reconvening at 7:04 p.m.; ON MOTION MADE BY COUNCILMAN GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, in accordance with Section 2.2-3712 D. of the Code of Virginia, 1950 as amended to date, Council hereby certifies that in Closed Session only items lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and only such items identified in the motion by which the Closed Session was convened were heard, discussed, or considered by the Council -- 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. WHEREAS, a discussion was held regarding lodging tax and the holiday schedule; 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 7:19 p.m. Mayor Clerk of Council UNAPPROVED MINUTES COUNCIL MEETING August 13, 2012 A regular meeting of the Council of the City of Salem, Virginia, was held in Council Chambers, City Hall, 114 North Broad Street, on August 13, 2012, 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, II, Assistant City Manager and Clerk of Council; Frank P. Turk, Director of Finance; Melinda J. Payne, Director of Planning and Economic Development; Charles E. VanAllman, Jr., City Engineer; Mike Stevens, Communications Director; and Stephen M. Yost, City Attorney, and the following business was transacted: The July 23, 2012, work session minutes 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, 2012, was received and ordered filed. Mayor Foley requested that Council consider an ordinance on second reading regarding the request of Valley Properties, LLC, and L & M Properties, LLC, property owners, for rezoning a 3.753 acre parcel located at 819 East Main Street (Tax Map #108-1-3.1) from RSF Residential Single Family District to LM Light Manufacturing District with proffered conditions; ordinance was passed on first reading at the July 23, 2012, meeting; and WHEREAS, Councilwoman Garst noted that through the petitioner’s attorney, a clarified proffer was received in conjunction with the first proffer — “The property shall be used only as a parking lot serving the ad jacent building owned by the owner/applicant and located on parcels having City of Salem Tax Map Numbers 84-2-12 and 73-3-7. The property may also be used for occasional parking by those using Oakey’s Field for athletic activities, subject to such terms and conditions as may be agreed upon by the City of Salem and the owner/applicant;” she thanked the petitioner for the clarification; she noted that the other proffer remained the same; ON MOTION MADE BY COUNCILWOMAN GARST, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, an ordinance to rezone a 3.753 acre parcel located at 891 East Main Street (Tax Map #108 -1-3.1) from RSF Residential Single Family District to LM Light Manufacturing District was hereby ITEM 1 ORDINANCE ADOPTED REZONING A 3.753 ACRE PARCEL LOCATED AT 891 EAST MAIN STREET (T/M 108-1-3.1) FROM RSF TO LM WITH PROFFERED CONDITIONS 2 passed on second reading with clarified voluntarily proffered conditions – 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 an ordinance on second reading regarding the request of Claude N. Smith, property owner, and Henmark, Inc., contract purchaser, for rezoning a 2.16 acre parcel located at 1106 Kesler Mill Road (Tax Map #6-1-6) from HBD Highway Business District to RMF Residential Multi-Family District; ordinance was passed on first reading at the July 23, 2012, meeting; ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY VICE MAYOR GIVENS, AND DULY CARRIED, an ordinance to rezone a 2.16 acre parcel located at 1106 Kesler Mill Road (Tax Map #6-1-6) from HBD Highway Business District to RMF Residential Multi-Family District was hereby passed on second 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. Mayor Foley requested that Council consider approval of the Blue Ridge Behavioral Healthcare’s proposed fiscal year 2013 Performance Contract with the Virginia Department of Behavioral Health and Developmental Services ; and WHEREAS, the Director of Finance stated that this is a standard requirement for the City to take a look at BRBH’s plan and how it expects to spend money throughout the valley and in the City of Salem; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, Blue Ridge Behavioral Healthcare’s proposed fiscal year 2013 Performance Contract with the Virginia Department of Behavioral Health and Developmental Services 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 adopting the Holiday Schedule for the Christmas Holiday and the New Year’s Holiday; and WHEREAS, the City Manager stated that as the holiday season approaches, calendars are printed and distributed and in order for the calendars to be accurate, Council needs to identify the holidays around Christmastime, ITEM 4 HOLIDAY SCHEDULE FOR CHRISTMAS AND NEW YEAR’S HOLIDAY ADOPTED ITEM 2 ORDINANCE ADOPTED REZONING A 2.16 ACRE PARCEL LOCATED AT 1106 KESLER MILL ROAD (T/M 6-1-6) FROM HBD TO RMF ITEM 3 BRBH PROPOSED FISCAL YEAR 2013 PERFORMANCE CONTRACT WITH THE VIRGINIA DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES APPROVED 3 which Council would designate for the employees; the undesignated categories which Council has to approve fall around the Christmas and New Year holiday depending upon what day of the week the holidays fall; he noted that this year Christmas Day is on a Tuesday and New Year’s Day is also on a Tuesday, and staff recommends that Council grant Christmas Eve as a holiday with an option for Council to approve New Year’s Eve as a holiday as well for this year; and WHEREAS, Council commended all city workers for their hard work; ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, the Holiday Schedule for the Christmas Holiday and the New Year’s Holiday was hereby approved with Christmas Eve and New Year’s Eve as additional holidays for 2012 – 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 storm water management for the Cuz’s Autobody Project; and WHEREAS, Vice Mayor Givens, Chair of Council’s Audit-Finance Committee, reported that the Committee reviewed the performance bond for erosion and sediment control and storm water management for the site located on Elm Street and recommends setting bond at $59,017 with a time limit of twelve (12) months for completion; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, the performance bond for erosion and sediment control and storm water management for the Cuz’s Autobody project was hereby set at $59,017 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; There being no further business to come before the Council, the same on motion adjourned at 7:37 p.m. ITEM S1 BOND SET FOR EROSION AND SEDIMENT CONTROL AND STORM WATER MANAGEMENT FOR CUZ’S AUTOBODY PROJECT