HomeMy WebLinkAbout6/13/2011 - City Council - Minutes - RegularUNAPPROVED MINUTES
CITY COUNCIL WORK SESSION
June 13, 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 June 13,
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; and James E.
Taliaferro, II, Assistant City Manager and Clerk of Council; 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
Mayor Foley requested that Council hold a closed session pursuant to provisions of
section 2.2-3711A (1) of the 1950 Code of Virginia, as amended, to discuss personnel matters;
ON MOTION MADE BY COUNCILMAN GIVENS, SECONDED BY COUNCILWOMAN
JOHNSON, AND DULY CARRIED, in accordance with Section 2.2-3711 A. (1) of the Code of
Virginia, 1950 as amended to date, Council convened to Closed Session at 9:11 p.m. for the
discussion of a personnel matter -- 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 9:44 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, there were no other topics for discussion.
There being no further business to come before the Council, the work session was
adjourned at 9:44 p.m.
Mayor
Clerk of Council
UNAPPROVED MINUTES
COUNCIL MEETING
June 13, 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 June 13, 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; Tammy Todd, Assistant Director of Finance; Charles E. Van Allman,
City Engineer; Benjamin W. Tripp, Planner; Mike Stevens, Communications
Director; and Stephen M. Yost, City Attorney, and the following business was
transacted:
The May 23, 2011, regular meeting and work session minutes were not
approved as written. Councilwoman Garst stated that the audio equipment did
not work at the meeting and she would like additional information to be
included in the minutes before Council approves t he minutes.
Mayor Foley reported that this date and time had been set to hold a
public hearing to consider the request of Citizens’ Telephone Co -Operative, Inc.,
to authorize a Right-of-Way Use Agreement; notice of such hearing was
advertised in the May 30, and June 6, 2011, issues of The Roanoke Times, a
newspaper having general circulation in the City of Salem; and
WHEREAS, the City Manager stated that Citizens’ Co-Operative has asked
the City for permission to install fiber optic cable through a portion of the city as
part of a 186-mile fiber optic line using American Recovery funds to perform the
upgrade; he stated that a portion of the fiber optic will enter the city on Route
460/West Main Street down to Wildwood Road, where it turns north back
toward Roanoke County; he stated that the fiber optic cable will run through the
city by utilizing the city’s poles and right-of-way, but will not provide service to
the City of Salem; and
WHEREAS, Councilwoman Garst questioned if any taxes or fees are
associated with the agreement; and
WHEREAS, Jeff Farmer, Assistant Director of the Electric Department,
appeared before the Council and stated that pole attachment fees are collected
as well as an application fee for using the poles; he stated that the application
fee is $30, a one-time license agreement fee and then any “make ready” work
ITEM 1
RIGHTS-OF-WAY
USE AGREEMENT
APPROVED WITH
CITIZENS’
TELEPHONE CO-
OPERATIVE, INC.
2
that needs to be done to make room for the fiber optic to be placed on the pole
is billed to the applicant, and the current annual pole attachment fee of $26.86
per attachment per year; he stated that the company will be attached to a total
of 58 poles; and
WHEREAS, Mayor Foley questioned the ability to “piggy back” on the
poles; if existing fiber optic cable could be used for a different company; and
WHEREAS, Mr. Farmer stated that the fiber is a 240-count fiber; he stated
that there are currently no plans to install a node in Salem, but at the 311
interchange with I-81 there are plans to leave a loop of fiber which would
probably be the most likely place to connect; he stated that there may be
opportunities for the City to lease fiber directly to someone directly in that path
or to work with another provider to give the City option to purchase band-width
from other providers; he further stated that he feels it will offer the City good
opportunities in the future for better access; and
WHEREAS, Councilwoman Garst questioned if the company is responsible
for maintaining the equipment themselves; and
WHEREAS, Mr. Farmer stated that the company will be respon sible for
maintaining the cable and will notify the city when work is to be performed on
the equipment per the agreement; and
WHEREAS, no other person(s) appeared related to the request;
ON MOTION MADE BY COUNCILWOMAN GARST, SECONDED BY VICE
MAYOR GIVENS, AND DULY CARRIED, a Rights-of-Way Use Agreement between
the City of Salem and Citizens’ Telephone Co-Operative, Inc., 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 an ordinance on second
reading adopting the 2011-2012 budget; ordinance was passed on first reading
at the May 23, 2011, meeting;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, an ordinance adopting the 2011-2012
budget was hereby adopted:
(HERE SET OUT ORDINANCE)
ITEM 2
2011-2012
BUDGET ADOPTED
3
– 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 establishing tax rates for real estate and personal property; ordinance
was passed on first reading at the May 23, 2011, meeting;
ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, an ordinance establishing tax rates
for real estate and personal property was hereby adopted:
(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 an ordinance on second
reading amending Chapter 14, Article IV, Division 1, of The Code of the City of
Salem, Virginia, by enacting Section 14-105 pertaining to confinement of animals
in vehicles; ordinance was passed on first reading at the May 23, 2011, meeting;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILWOMAN GARST, AND DULY CARRIED, an ordinance entitled, “AN
ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 14, ARTICLE IV DOGS
AND CATS, DIVISION 1. GENERALLY BY ENACTING SECTION 14-105 OF THE CODE
OF THE CITY OF SALEM, VIRGINIA, PERTAINING TO ANIMALS,” was hereby
adopted:
(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 receive report regarding the
continuation of fiscal agent agreements between the City of Salem and Cou rt
Community Corrections/VASAP and the Cardinal Criminal Justice Academy for
fiscal year 2011-2012; and
ITEM S1
FISCAL AGENT
CONTRACTS
APPROVED
BETWEEN THE CITY
OF SALEM AND
COURT
COMMUNITY
CORRECTIONS/
VASAP AND THE
CARDINAL
CRIMINAL JUSTICE
ACADEMY FOR
FISCAL YEAR 2011-
2012
ITEM 3
ORDINANCE
ADOPTED
ESTABLISHING TAX
RATES FOR REAL
ESTATE AND
PERSONAL
PROPERTY
ITEM 4
ORDINANCE
ADOPTED
AMENDING
CHAPTER 14,
ARTICLE IV,
DIVISION 1, OF THE
CODE OF THE CITY
OF SALEM
VIRGINIA, BY
ENACTING
SECTION 14-105
PERTAINING TO
COFINEMENT OF
ANIMALS IN
VEHICLES
4
WHEREAS, the Director of Finance stated that for the last 30 years or so
the City has been the fiscal agent for both the court corrections program and the
Cardinal Criminal Justice Academy; he stated that the contract has to be
renewed each year to continue the arrangement; he further stated that the
terms and conditions of the agreement are the same as the previous year with
the only change being the dates/time periods covered;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, fiscal agent contracts between
the City of Salem and Court Community Corrections/VASAP and the Cardinal
Criminal Justice Academy for fiscal year 2011-2012 were 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 hold a closed session pursuant to
provisions of section 2.2-3711A (3) of the 1950 Code of Virginia, as amended, to
discuss property the City may wish to purchase;
ON MOTION MADE BY COUNCILMAN GIVENS, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, in accordance with Section
2.2-3711 A. (3) of the Code of Virginia, 1950 as amended to date, Council
convened to Closed Session at 7:40 p.m. for the discussion of a real estate
matter pertaining to property the City may wish to purchase -- 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 8:10 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.
ITEM S2
CLOSED SESSION
TO DISCUSS
PROPERTY THE
CITY MAY WISH TO
PURCHASE
5
Mayor Foley requested that Council hold a closed session pursuant to
provisions of section 2.2-3711A (1) of the 1950 Code of Virginia, as amended, to
discuss personnel matters;
ON MOTION MADE BY COUNCILMAN GIVENS, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, in accordance with Section
2.2-3711 A. (1) of the Code of Virginia, 1950 as amended to date, Council
convened to Closed Session at 8:10 p.m. for the discussion of a personnel matter
-- 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 9:11 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.
There being no further business to come before the Council, the same on
motion adjourned at 9:11 p.m.
CLOSED SESSION
FOR PERSONNEL
MATTER