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HomeMy WebLinkAbout7/11/2011 - City Council - Minutes - RegularUNAPPROVED MINUTES CITY COUNCIL WORK SESSION July 11, 2011 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 July 11, 2011, at 9:11 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; and Krystal M. Coleman, Deputy City Clerk; 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 presentation was given by Wayne Adkins regarding the Virginia Western Educational Foundation; and WHEREAS, the Director of Finance presented the bids for the 2011-2012 Paving Program to Council for its review; 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 July 11, 2011 A regular meeting of the Council of the City of Salem, Virginia, was held in Council Chambers, City Hall, 114 North Broad Street, on July 11, 2011, 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; William L. Simpson, Jr.; Assistant City Engineer; and Stephen M. Yost, City Attorney, and the following business was transacted: The May 23, 2011, regular meeting and work session minutes were approved as amended. The June 13 regular meeting and work session minutes were approved as written. Mayor Foley requested that Council consider an ordinance on first reading to amend, revise, and reordain Chapter 58, Article V. Sections 58 -151 and 58-142 of the Code of the City of Salem, Virginia, pertaining to weapons; and WHEREAS, the City Attorney stated that effective July 1, 2011, the Code of Virginia changed in a particular manner concerning a particular type of gun or firearm called pneumatic guns; pneumatic guns are defined as meaning any implement designed as a gun that will expel a BB or a pellet by action of pneumatic pressure; pneumatic gun includes a paintball gun that expels by action a pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact; he stated that the existing City Code provides that the firing of those types of guns are allowed under certain restrictions (gun cannot be fired within 100 yards of a residence or a public street), but the State Code provision, which is section 15.2-1915.4, now provides that no ordinance shall prohibit the use of pneumatic guns on the property where the firearms may be discharged, or on or within private property with the permission of the property owner or legal possessor thereof, when conducted with reasonable care to prevent a projectile from crossing the bounds of the property; he further stated that based upon the State Code amendment, the City Code needs to be amended to comply with the State Code; and WHEREAS, Councilman Jones questioned the reason for the change; and ITEM 1 ORDINANCE CONTINUED TO AMEND, REVISE, AND REORDAIN CHAPTER 58, ARTICLE V SECTIONS 58-151 AND 152 OF THE CODE OF THE CITY OF SALEM, VIRGINIA, PERTIANING TO WEAPONS 2 WHEREAS, the City Attorney stated that he is not positive on the reasoning for the change, but he believes the change stems from a request from a NRA representative and was presented by a Delegate; he stated that he was not aware that this was under consideration at the time; and WHEREAS, Councilwoman Garst stated that this is another example of continual erosion of local authority; she stated that changes come from our state legislature which require localities to amend their code and lose the ability to police ourselves; and WHEREAS, Vice Mayor Givens, Councilwoman Johnson, and Councilman Jones echoed Councilwoman Garst’s comments; and WHEREAS, Councilwoman Johnson stated that she does not think Council should take any action on the proposed amendment until Council has the opportunity to state its displeasure in a resolution to the state; and WHEREAS, Mayor Foley further echoed the sentiments of Council; ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, an ordinance to amend, revise, and reordain Chapter 58, Article V, Sections 58-141 and 58-142 was hereby continued with a resolution of comment to the state – 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 awarding contract for the 2010 annual paving program; and WHEREAS, the Director of Finance stated that the City placed a request for bids for the annual paving/resurfacing program; two bids were received, one from L. H. Sawyer Paving Company in the amount of $635,345.50, and one from Adams Construction Company in the amount of $641,326.25; he stated that normally the Audit-Finance Committee would offer a recommendation to Council, but with Council’s approval the item was placed on the agenda for consideration; he further stated that both the Engineering and Finance Departments have reviewed the bids and recommend th at the low bid from L. H. Sawyer Paving Company in the amount of $635,345.50 be accepted; the 2011-12 budget contains sufficient funds for this project; ITEM S1 CONTRACT AWARDED TO L. H. SAWYER PAVING COMPANY FOR 2011-12 PAVING PROGRAM 3 ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, the contract for the 2011-12 Annual Street Paving Program was hereby awarded to L. H. Sawyer Paving Company in the amount of $635,345.50 – 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 7:43 p.m.