HomeMy WebLinkAbout11/22/2010 - City Council - Minutes - RegularUNAPPROVED MINUTES
CITY COUNCIL WORK SESSION
November 22, 2010
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 November
22, 2010, 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;
Mary Ellen H. Wines, Secretary to the City Manager; and Krystal M. Coleman, Deputy 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
WHEREAS, a discussion was held regarding Residential-Business District zoning; and
WHEREAS, a discussion was held regarding the keeping of chickens; and
WHEREAS, a discussion was held regarding water and sewer rate changes effective
January 1, 2011; 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
November 22, 2010
A regular meeting of the Council of the City of Salem, Virginia, was held in
Council Chambers, City Hall, 114 North Broad Street, on November 22, 2010, 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; Todd W. Sutphin, Building Official; Mike
Stevens, Communications Director; and Stephen M. Yost, City Attorney, and the
following business was transacted:
The November 8, 2010, work session and regular meeting minutes, the
November 10, 2010, special meeting minutes, and the November 3, 2010, joint
work session with the Planning Commission minutes were approved as written.
Mayor Foley reported that this date and time had been set to hold a
public hearing to consider the conveyance of City of Salem real property
designated as a portion of Tax Map #183-7-1; notice of such hearing was
published in the November 17, 2010, issue of The Roanoke Times, a newspaper
having general circulation in the City of Salem; and
WHEREAS, the Clerk of Council stated that Council has a map of a
property at the end of Front Street next to the Roanoke River; he stated that the
property owner dedicated an easement to the City for the Roanoke River
Greenway; in the process of acquiring the easements and the right-of-way
needed, the City worked with Norfolk Southern and acquired railroad property in
the same area; it was later discovered that Norfolk Southern had actually taken a
portion of the property owner’s property; it was discovered much later that back
in the 1800s as property was acquired during the construction of the railroad,
deeds were not updated and the railroad just recorded what it took in its own
files; the property owner donated the easement to the City and the proposal
before Council is to give the property owner back the property he thought he
already owned; he recommends that the City retain enough property for the
greenway in the area if the City agrees to give the property back; and
WHEREAS, no other person(s) appeared;
ITEM 1
PUBLIC HEARING
TO CONSIDER
CONVEYANCE OF
CITY-OWNED
PROPERTY,
PORTION OF TAX
MAP #183-7-1
2
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILWOMAN GARST, AND DULY CARRIED, conveyance of City of Salem real
property designated as a portion of Tax Map #183-7-1 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 receive the report of viewers and
consider an ordinance on first reading permanently vacating a 16.5 foot alley
between East Calhoun Street and East Burwell Street; viewers were appointed at
the November 8, 2010, meeting; and
WHEREAS, the Clerk of Council stated that the viewers did not find any
conflicts with closing the alley, which is on the south side of Calhoun Street;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, an ordinance entitled, “AN
ORDINANCE ENACTED PURSUANT TO THE PROVISIONS OF SECTION 15.2-2272 OF
THE 1950 CODE OF VIRGINIA, AS AMENDED, PROVIDING FOR VACATING A
PORTION OF A STREET IN THE CITY OF SALEM, VIRGINIA,” was hereby passed on
first 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 the request of the City
Manager to hold a closed session pursuant to provisions of Section 2.2-3711 A(1)
of the 1950 Code of Virginia, as amended, to discuss a personnel matter
concerning the Salem School Board;
ON MOTION MADE BY VICE MAYOR 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 7:39 p.m. for the purpose of discussing a
personnel matter concerning the Salem School Board -- 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 7:47 p.m.;
ON MOTION MADE BY VICE MAYOR 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
ITEM 2
REPORT OF
VIEWERS
RECEIVED AND
ORDINANCE
PASSED TO
VACATE AND
CLOSE A 16.5’
ALLEY BETWEEN E.
CALHOUN STREET
AND E. BURWELL
STREET
ITEM S1
CLOSED SESSION
FOR PERSONNEL
MATTER
CONCERNING
SALEM SCHOOL
BOARD
3
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.
Mayor Foley requested that Council consider appointments to fill the
expiring terms of Sarah W. (Sally) Southard and William Sinkler on the Salem
School Board; and
WHEREAS, Vice Mayor Givens thanked the persons who applied to be
appointed to the Salem School Board; he stated that all applicants were well
qualified; and
WHEREAS, Councilwoman Johnson concurred with Vice Mayor Givens;
she stated that there are several jobs that are difficult to perform while serving
as a member of Council, and appointing a member to the School Board is one of
those difficult tasks; she asked that the applicants who are not appointed to the
School Board not be discouraged from applying in the future; and
WHEREAS, Councilwoman Garst stated that all persons who interviewed
for the School Board are already vested in the Salem School System and are an
invaluable asset to the community; she stated that Dr. Seibert has other
opportunities to serve the schools and the children of Salem in a different
capacity than being appointed to the School Board; and
WHEREAS, Councilman Jones concurred with the previous statements; he
stated that this is not an easy decision because of the high caliber of applicants
to choose from; he stated that Dr. Seibert does an excellent job of placing the
Salem School Division “on the map” which gives students opportunities to excel;
he thanked all the applicants and encouraged them to continue to apply if they
are not appointed; and
WHEREAS, Mayor Foley encouraged the applicants to reapply if they are
not appointed;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILWOMAN GARST, AND DULY CARRIED, Sarah W. (Sally) Southard was
hereby reappointed to the Salem School Board for a three-year term, said term
will expire December 31, 2013 – the roll call vote: Lisa D. Garst – aye, William D.
ITEM 3
SARAH W. (SALLY)
SOUTHARD
REAPPOINTED
AND ARTICE
LEDBETTER
APPOINTED TO
SALEM SCHOOL
BOARD
4
Jones – aye, Jane W. Johnson – aye, John C. Givens – aye, and Byron Randolph
Foley – aye.
ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, Artice Ledbetter was hereby
appointed to the Salem School Board for a three-year term, said term will expire
December 31, 2013 – 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 the Abstract of Votes cast at
the November 2, 2010, General and Special Election;
(HERE SET OUT ABSTRACT OF VOTES)
Thereupon, said Abstract of Votes was received.
Mayor Foley requested that Council receive report and consider awarding
contract to provide surveillance equipment for the Salem Courthouse; and
WHEREAS, Vice Mayor Givens, Chairman of Council’s Audit Finance
Committee, reported that a few months ago the City Sheriff’s Department was
awarded a grant to provide surveillance equipment for the Salem Courthouse;
funding for this purpose was approximately $70,000; in August, the City issu ed
its Request for Proposal; the City received eight bids, one of which did not meet
specifications; a committee headed by Sheriff Ric Atkins and Assistant Director of
Technology Brad Orth, thoroughly reviewed the proposals and along with the
Finance Department, submitted their recommendation; upon review of the
proposed bids with City staff’s counsel, this Committee recommends acceptance
of the contract to AFA Protective Systems in the amount of $60,321; this amount
will be chargeable to the Grant and additional equipment may be added as
deemed necessary by Sheriff Atkins, not to exceed the grant total; no local funds
are required; and
WHEREAS, the City Manager stated that the system is designed to have a
common platform that can be built on; he stated that if the schools wanted to
add security cameras, through this grant, the infrastructure will have been built
in order to allow other additions as opposed to having a standalone system and
then the next system would be different; he commended Sheriff Atkins and Brad
Orth for going the “extra mile” to make sure this was done the right way the first
ITEM 4
ABSTRACT OF
VOTES CAST AT
THE NOVEMBER 2,
2010, GENERAL
AND SPECIAL
ELECTION
ITEM 5
CONTRACT
AWARDED TO AFA
PROTECTIVE
SYSTEMS IN THE
AMOUNT OF
$60,321 TO
PROVIDE
SURVEILLANCE
EQUIPMENT FOR
THE SALEM
COURTHOUSE
5
time and can be built upon; and
WHEREAS, Sheriff Atkins thanked the City Manager, Assistant City
Manager, and Brad Orth for their efforts;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, the contract to provide surveillance
equipment for the Salem Courthouse was hereby awarded to AFA Protective
Systems in the amount of $60,321 – 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 for the New Cremation Gardens at Sherwood Memorial
Park; and
WHEREAS, Vice Mayor Givens, Chairman of Council’s Audit-Finance
Committee, reported that the Committee reviewed the bond for erosion and
sediment control for the new Cremation Gardens at Sherwood Memorial Park
and recommends setting bond at $6,671.50 with a time limit of twelve (12)
months for completion; and
WHEREAS, the City Engineer stated that on the left as you enter the
gardens off of Main Street, Sherwood is planning to build a pond area with a
cremation center to hold funeral services; he stated that they are adding onto
the facility for cremation;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY, AND DULY
CARRIED, the bond for erosion and sediment control for the new Cremation
Gardens at Sherwood Memorial Park was hereby set at $6,671.50 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 adopting Resolution 1175 in
support of the Enhancement Program application for the Roanoke River
Greenway, Phase IIB; and
WHEREAS, the City Manager stated that the City, along with support from
the Greenway Commission, is asking Council to consider Resolution 1175 in
ITEM 6
BOND AND TIME
LIMIT SET FOR
NEW CREMATION
GARDENS AT
SHERWOOD
MEMORIAL PARK
ITEM 7
RESOLUTION 1175
ADOPTED IN
SUPPORT OF THE
ENHANCEMENT
PROGRAM
APPLICATION FOR
THE ROANOKE
RIVER GREENWAY,
PHASE IIB
6
support of the application for the phase of the greenway that goes from Rotary
Park to the Roanoke City limits; he stated that a lot of the funding for the
various phases of the greenway is already in place in the City of Salem and the
projects are moving forward; he further stated that Resolution 1175
acknowledges Council’s support and will provide the appropriate match if the
grant is awarded and accepted; he stated that acceptance will depend on the
match required; it is estimated that the project will be a pproximately $700,000
and the match will be around $160,000 and the majority of the match will come
from Engineering staff time in terms of an in-kind match, not a cash match; with
the amount of work Engineering does and is able to bill back to the projects
there is little actual cash match actually given to the projects; he asked that
Council approve the resolution in support of the application with more details to
follow; and
WHEREAS, Mayor Foley inquired how long it would be before the
Roanoke City portion of the greenway would be constructed to meet up with the
project on Cook Drive; and
WHEREAS, Liz Belcher with the Greenway Commission appeared before
the Council and stated that the hope is that the Roanoke City side and the Salem
side will be completed at the same time; she stated that there is a bridge at
Barnhart Creek that according to Salem is in Roanoke City and according to
Roanoke City, it’s in Salem; she stated that Roanoke City is also applying for
enhancement money; she added that Roanoke City has a much larger deficit
between the Salem City line and Bridge Street than Salem, but they are
submitting an application to receive as much money as they can; the Greenway
Commission is also looking to raise private money to match some of the
government money so that the greenway can keep moving forward to piece
everything together; she further stated that Roanoke City currently has a portion
under construction that will get the greenway to Bridge Street and if Salem can
pull the money together by 2012 the two localities will meet at Bridget Street at
the same time, which is the goal; and
WHEREAS, Councilwoman Garst reiterated that Liz Belcher, Ben Tripp,
and other staff members have been very creative in finding funding from outside
the City limits and commended their efforts;
ON MOTION MADE BY COUNCILWOMAN GARST, SECONDED BY VICE
MAYOR GIVENS, AND DULY CARRIED, Resolution 1175 in support of the
Enhancement Program application for the Roanoke River Greenway, Phase IIB
was hereby adopted:
7
(HERE SET OUT RESOLUTION 1175)
-- 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 cancellation of the
December 27, 2010, Salem City Council meeting due to the holiday;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, the December 27, 2010, Salem
City Council meeting was hereby cancelled – 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 2011 Meeting
Schedule of Salem City Council and the Salem Planning Commission;
ON MOTION MADE BY COUNCILMAN JONES, SECONDED BY
COUNCILWOMAN GARST, AND DULY CARRIED, the 2011 Meeting Schedule of
Salem City Council and the Salem Planning Commission 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.
There being no further business to come before the Council, the same on
motion adjourned at 8:05 p.m.
ITEM 8
DECEMBER 27,
2010, COUNCIL
MEETING
CANCELLED
ITEM 9
2011 MEETING
SCHEDULE OF
SALEM CITY
COUNCIL AND THE
SALEM PLANNING
COMMISSION
ADOPTED