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HomeMy WebLinkAbout1/23/2012 - City Council - Minutes - RegularUNAPPROVED MINUTES CITY COUNCIL WORK SESSION January 23, 2012 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 January 23, 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; Frank P. Turk, Director of Finance; Krystal M. Coleman, Deputy Clerk of Council; and Benjamin W. Tripp, Planner; 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, an update on the Greenway was given by Greenway Commission members Mark McClain and Liz Belcher; and WHEREAS, a discussion was held regarding the Emergency Management Plan; and WHEREAS, a discussion was held regarding the Enterprise Resource Management (ERP) project; 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 7:27 p.m. Mayor Clerk of Council UNAPPROVED MINUTES COUNCIL MEETING January 23, 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 January 23, 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; William L. Simpson, Jr., Assistant City Engineer; Mike Stevens, Communications Director; and Stephen M. Yost, City Attorney, and the following business was transacted: The January 9, 2012, regular meeting minutes were approved as written. The report by the Director of Finance of the City’s financial status for a five-month period ending November 30, 2011, was received and ordered filed. Mayor Foley requested that Council receive a presentation from Tim Steller, Executive Director, Blue Ridge Behavioral Healthcare, regarding the Fiscal Year 2011 Performance Report; and WHEREAS, Tim Steller, Executive Director, Blue Ridge Behavioral Healthcare, appeared before the Council; he thanked Council for the opportunity to report on the work of Blue Ridge Behavioral Healthcare (BRBH); he stated that the primary service offered by BRBH to persons with an intellectual disability and their families is support coordination; he stated that the support coordinator begins by assessing the person’s strengths and needs for support; then a person - centered support plan is developed to allow them to work toward his/her life goals; support coordinators continue their relationship with the person and their family to monitor, and modify if necessary, how the support plan is progressing; these enduring relationships are key to the success in achieving the most independent lifestyle possible; he stated that BRBH operates three residential living arrangements for adults with intellectual disabilit ies and sponsors several host home living arrangements where one or two persons live in a family setting; he further stated that the federal Department of Justice is cu rrently in negotiations with Virginia in hopes of reaching a settlement to a finding that Virginia is in violation of the Americans with Disabilities Act because its service system for persons with intellectual disabilities is inadequate; he stated that it is expected that a settlement will involve additional resources being made ITEM 1 PRESENTATION FROM TIM STELLER, EXECUTIVE DIRECTOR, BLUE RIDGE BEHAVIORAL HEALTHCARE, REGARDING THE FISCAL YEAR 2011 PERFORMANCE REPORT 2 available to provide necessary supports in the community instead of over- reliance on state-operated training centers like the Central Virginia Training Center in Lynchburg; he stated that BRBH also provides services and support to adults and children with severe mental illness or emotional disorder, including residential and ambulatory crisis stabilization, outpatient, day treatment, assertive community treatment, mental health supports, intensive in-home and case management services; he stated that detoxification, day treatment, intensive outpatient, and jail-based therapeutic community services are offered to those with a substance use disorder; he stated that BRBH also engages in a number of prevention efforts to reduce the incidence of mental health and substance use disorders; evidence-based environmental and educational activities are conducted with the assistance of community planning teams; the Salem Prevention Planning Team (SPPT) helps coordinate the administration of a Youth Risk Behavior Survey for sixth, eighth, tenth, and twelfth graders in order for youth to answer questions anonymously about risky behaviors; he stated that the SPPT then implements strategies to help prevent the risky behaviors identified in the surveys; he then provided Council with handouts with more information regarding last year’s prevention efforts in Salem; he also provided Council with a detailed report showing the specific treatment services prov ided to Salem residents last year; he recognized and thanked the Salem appointees currently serving on the Board of Directors: Bruce Thomasson, serving as vice - chair; Linda Franke, and Barbara Gresham; he also thanked Salem for its continuing support; and WHEREAS, Councilwoman Garst questioned when the federal government’s lawsuit against the state would be resolved; and WHEREAS, he stated that no one seems to know; that the finding was made over a year ago and the state of Virginia has been in negotiati ons with the Department of Justice since then; he stated that it is hoped that a settlement is reached sooner rather than later; if a settlement cannot be reached then the Department of Justice would take the state of Virginia to court; and WHEREAS, a discussion was held regarding the negotiations, the number of people served, etc.; THEREUPON, said presentation was received. Mayor Foley requested that Council consider setting bond for erosion and sediment control for the Salem YMCA, located at 1126 Kime Lane; and ITEM 2 BOND AND TIME LIMIT SET FOR SALEM YMCA LOCATED AT 1126 KIME LANE 3 WHEREAS, Councilman Jones, Vice Chair of Council’s Audit-Finance Committee, reported that the Committee reviewed the performance bond for erosion and sediment control for the site located at 1126 Kime Lane and recommend setting bond at $6,012.00 with a time limit of twelve (12) months for completion; ON MOTION MADE BY COUNCILMAN JONES, SECONDED BY VICE MAYOR GIVENS, AND DULY CARRIED, bond for the YMCA site located at 1126 Kime Lane was hereby set at $6,012.00 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 an ordinance on second reading to amend, revise, and reordain Chapter 106, Article II, District Regulations, by enacting Section 106-232 of the Code of the City of Salem, Virginia, pertaining to Industrial Park Overlay District; ordinance was passed on first reading at the January 9, 2012, meeting; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, an ordinance to amend, revise, and reordain Chapter 106, Article II, District Regulations, by enacting Section 106-232 of the Code of the City of Salem, Virginia, pertaining to Industrial Park Overlay District was hereby adopted on second reading: (HERE SET OUT ORDINANCE) – 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 MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, Carlos B. Hart was hereby reappointed to the Real Estate Tax Relief Review Board for a three-year term, said term will expire February 14, 2015; and Byron R. Foley with Melinda J. Payne as full-time alternate, was hereby reappointed to Total Action Against Poverty for a two-year term, said term will expire January 31, 2014 – the roll call vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W. Johnson – aye, John C. Givens ITEM 3 ORDINANCE ADOPTED TO AMEND, REVISE, AND REORDAIN CHAPTER 106, ARTICLE II, DISTRICT REGULATIONS, BY ENACTING SECTION 106-232 OF THE CODE OF THE CITY OF SALEM, VIRGINIA, PERTAINING TO INDUSTRIAL PARK OVERLAY DISTRICT ITEM 4 CARLOS B. HART REAPPOINTED TO REAL ESTATE TAX RELIEF REVIEW BOARD; BYRON R. FOLEY WITH MELINDA J. PAYNE AS FULL-TIME ALTERNATE REAPPOINTED TO TOTAL ACTION AGAINST POVERTY 4 – aye, and Byron Randolph Foley – aye. Mayor Foley requested that Council consider adopting Resolution 1195 supporting the County of Roanoke’s request to seek authority to increase the Transient Occupancy Tax; and WHEREAS, the City Manager stated that the three primary local governments that contribute to the Roanoke Valley Convention and Visitor’s Bureau (Roanoke County, Roanoke City, and the City of Salem) all contribute at a different rate; in an effort to increase the funding to the RVCVB in order for it to have the funding to continue to draw people into the community and develop the tourism industry in the Roanoke Valley, and has not been funded to the level its Executive Director feels is sufficient to adequately market the region; he stated that the local governments have had numerous discussions over the past year and a half on how to get the RVCVB funding closer to where it needs to be and also to make it as fair and equitable as possible among the three primary local governments that contribute; part of what needs to happen is that an agreement needs to be reached on the base-level of funding out of the existing occupancy taxes; two percent of the occupancy taxes would go toward funding for the RVCVB thus making the contribution by the localities based on the per capita basis of where the hotel rooms are located and are occupied; he stated that the other part of what is need s to happen is that Council is being asked to adopt a supporting resolution to allow Roanoke County to gain permission to increase its occupancy tax by as much as two percent; he stated that currently counties in the state of Virginia are limited by state code to a five percent maximum occupancy tax; cities and towns in Virginia can increase their occupancy tax without getting permission from the state to do so; he further stated that as the agreement to reach the two percent contribution toward the RVCVB out of existing funds was developed, it is also requested that each of the three local governments also increase its occupancy tax by one or two percent on top of what currently exists to be allocated for funding for the RVCVB; he stated that if permission is not given for Roanoke County to increase its transient occupancy tax, then the other two localities will not increase its tax; he stated that the resolution is to support Roanoke County’s request to increase its tax; and WHEREAS, it was noted that Roanoke County’s Transient Occupancy Tax is currently five percent, and the City of Roanoke and the City of Salem’s Lodging Tax is currently seven percent; and ITEM S1 RESOLUTION 1195 ADOPTED SUPPORTING THE COUNTY OF ROANOKE’S REQUEST TO SEEK AUTHORITY TO INCREASE THE TRANSIENT OCCUPANCY TAX 5 WHEREAS, a discussion was held regarding Roanoke County’s request, other localities tax rates, the RVCVB plan for the increase in funding, etc.; ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, Resolution 1195 supporting the County of Roanoke’s request to seek authority to increase its Transient Occupancy Tax 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 consider setting bond for erosion and sediment control and stormwater management for Qualichem, Phases IV and V project; and WHEREAS, Councilman Jones, Vice Chair of Council’s Audit-Finance Committee reported that the Committee reviewed the performance bond for erosion and sediment control and stormwater management for the Qualichem Phases IV and V project and recommend setting bond at $25,852.00 with a time limit of twelve (12) months for completion; ON MOTION MADE BY COUNCILMAN JONES, SECONDED BY VICE MAYOR GIVENS, AND DULY CARRIED, bond for erosion and sediment control and stormwater management for Qualichem Phases IV and V project was hereby set at $25,852.00 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 7:59 p.m. ITEM 6 BOND AND TIME LIMIT SET FOR QUALICHEM PHASES IV AND V PROJECT