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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