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