HomeMy WebLinkAbout10/25/2010 - City Council - Minutes - RegularUNAPPROVED MINUTES
CITY COUNCIL WORK SESSION
October 25, 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 October 25,
2010, at 6:30 p.m., there being present the following 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 Mary Ellen H. Wines, Secretary to the City Manager, 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 attendance to various invitations for the
Council; and
WHEREAS, a discussion was held regarding the Legislative Agenda for City of Salem; and
WHEREAS, a discussion was held regarding the date for School Board interviews; and
WHEREAS, a discussion was held regarding membership in the Virginia 1st Regional
Industrial Authority; and
WHEREAS, a discussion was held regarding contributions to the Salem Museum; 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 7:18p.m.
Mayor
Clerk of Council
UNAPPROVED MINUTES
COUNCIL MEETING
October 25, 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 October 25, 2010, at
7:30 p.m., there being present 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; Charles E. Van Allman, Jr., City Engineer; Mike Stevens,
Communications Director; and Stephen M. Yost, City Attorney, and the following
business was transacted:
Matthew Burton from Boy Scout Troop 51 was present at this meeting of
Council.
The October 11, 2010, work session and regular meeting minutes and the
minutes of the October 12, 2010, joint work session with the Salem School Board
were approved as written.
The report by the City Manager of the City’s activities for September
2010, was received and ordered filed.
The report of the Director of Finance of the City’s financial status for the
month of August, 2010, was received and ordered filed.
Mayor Foley requested that the induction ceremony for newly elected
members and representatives of the Mayor’s Youth Council be moved to the end
of the meeting; and
Mayor Foley reported that this date and time had been set to hold a
public hearing regarding authorizing $29,990,000 in General Obligation bonds
used under the Public Finance Act; and
WHEREAS, Mr. Turk reported that there is no need for an actual
ordinance and added that adoption of the resolution would authorize the bond
issue; as the VML group will be doing the financing under the Commonwealth of
Virginia Public Finance Act as opposed to each individual locality acting
independently. The biggest piece of this issuance is similar to refinancing a
mortgage loan when interest rates fall. The 1999 bond issue, the 2003 bond
ITEMS 2&3
PUBLIC HEARING
REGARDING
AUTHORIZING
$29,990,000 IN
GENERAL
OBLIGATION
BONDS ISSUED
UNDER PUBLIC
FINANCE ACT
2
issue (parts A and B) will be included and would allow the City to save as much as
$100,000 a year for a number of years. Also included in this issuance is $6.5
million in new money for three projects: Civic Center equipment replacement,
the addition to the public safety building, and upgrading the computer aided
dispatch records system, which can no longer receive technical support; and
WHEREAS, Councilwoman Johnson stated that the judge’s chambers
addition to the public safety building would be paid over time; and
WHEREAS, Mr. Turk responded affirmatively stating that it would be
reimbursed to the City by the General Services Administration over a period of
fifteen years; and
WHEREAS, Mayor Foley stated that roughly about five million dollars of
the issuance is new obligations that will not be reimbursed; and
WHEREAS, Mr. Boggess stated that the energy savings as a result of the
Civic Center project will generate savings that will offset some of that debt and
actually will be better than that in terms of revenue coming in to pay off some
this debt service; and
WHEREAS, no other person(s) appeared related to said request;
ON MOTION MADE BY COUNCILMAN JONES, SECONDED BY VICE-MAYOR
GIVENS, AND DULY CARRIED, Resolution 1171 authorizing $29,990,000 in
General Obligation bonds was hereby approved:
(HERE SET OUT RESOLUTION 1171)
– 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 to repair
the well at the Water Treatment Plant; and
WHEREAS, Vice Mayor Givens, Chairman of Council’s Audit-Finance
Committee, reported that last summer Well #2 failed and was unable to deliver
water to the Water Treatment Plant; it was determined the pump at the bottom
of the shaft and some of the pipe needed to be replaced; with this in mind, a
Request for Proposals was issued; five bids were received and reviewed by City
Staff; after reviewing the bids, the Committee recommends acceptance of the
ITEM 4
CONTRACT
AWARDED TO
B & L WATER
SPECIALISTS IN THE
AMOUNT OF
$62,366 TO REPAIR
WELL AT WATER
TREATMENT
PLANT
3
low-bid from B & L Water Specialists in the amount of $62,366.00; sufficient
funds exist in the Water Production-Maintenance Buildings Account to meet this
expense;
WHEREAS, Councilwoman Garst stated that the water the City uses
comes from the river; she asked if water from the wells is used as a backup; and
WHEREAS, Mr. Taylor responded that it is a backup system that is
exercised on a daily basis especially when a heavy rainfall occurs and the river
becomes muddy or if the river becomes contaminated the intake is shut down
and the well is out into operation; this well is one of the larger wells that is used
for the production facility; and
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILWOMAN GARST, AND DULY CARRIED, a contract with B & L Water
Specialists in the amount of $62,366.00 to repair Well #2 at the Water Treatment
Plant was hereby approved with the monies to come from the Water
Production-Maintenance Buildings Account – 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 reacquisition of a 2.2-
acre parcel located on Texas Street (Tax Map #149-1-4) in accordance with the
purchase contract; and
WHEREAS, Vice Mayor Givens, Chairman of Council’s Audit-Finance
Committee, reported that in accordance with the purchase contract between the
City of Salem and Patrick C. Wilkinson, the 2.2 acres located on Texas Street (Tax
Map #149-1-4) may be re-purchased on or before December 31, 2010; it is the
recommendation of City Staff and the Committee to exercise that option; with
mutual agreement between Mr. Wilkinson and the City of Salem, the repurchase
price will be $272,000.00;
WHEREAS, Mr. Boggess stated that this is a piece of property purchased
by Mr. Wilkinson with conditions placed on it by the City in terms of
development; it required a certain size building and a certain type of brick
construction and on prior occasion, Mr. Wilkinson requested and was granted an
extension and amendment to those conditions; however, as the economy
continued to worsen it became clear to Mr. Wilkinson that he would not be able
to meet the condition requiring a foundation to be laid on the property by the
end of December 2010; Mr. Wilkinson has asked the City to exercise its option to
ITEM 5
APPROVED TO
EXERCISE
REPURCHASE
OPTION ON A 2.2-
ACRE PARCEL
LOCATED ON
TEXAS STREET (TAX
MAP #149-1-4) IN
THE AMOUNT OF
$272,000
4
repurchase and upon review the City has determined the only way to preserve
the protection of said property would be to repurchase it; and
WHEREAS, Vice-Mayor Givens stated that this property is part of the
Elizabeth Campus commercial property, east of One Beacon; and
WHEREAS, Councilman Jones stated that there was a promise made by a
Council prior, that development on the Elizabeth Campus would be controlled
and this Council will continue to hold true to that promise ; and
WHEREAS, Mayor Foley stated that it is in the best interests of the City of
Salem to remain true to plans of that property; and
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, the right to exercise the
repurchase option of a 2.2-acre parcel on Texas Street (Tax Map #149-1-4) in the
amount of $272,000 was hereby approved and proper City officials are
authorized to execute the contract – 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 1172
declaring “spice” and synthetic cannabinoids illegal in the Commonwealth of
Virginia;
WHEREAS, Mr. Boggess explained that Roanoke County requested
support for this push to have the state legislature define artificial cannabinoids
as illegal substances in the State of Virginia; by adopting this resolution we
would forward it on to our state legislators and ask them to consider in the next
session adding this to the list of controlled substances in the State of Virginia;
and
WHEREAS, Vice-Mayor Givens stated that this is a synthetic marijuana
that has become popular on the street and that it is very appropriate to join
Roanoke County and make our voices heard; and
WHEREAS, Mayor Foley stated that it is currently not illegal; and
WHEREAS, Councilwoman Johnson stated that it has caused several
deaths; and
ITEM 6
RESOLUTION 1172
APPROVED
DECLARING
“SPICE” AND
SYNTHETIC
CANNABINOIDS
ILLEGAL IN THE
COMMON-
WEALTH OF
VIRGINIA
5
ON MOTION MADE BY VICE-MAYOR GIVENS, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, Resolution 1172 declaring “spice” and
synthetic cannabinoids illegal in the Commonwealth of Virginia was hereby
adopted:
(HERE SET OUT RESOLUTION 1172)
– 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 a date for a public
hearing in accordance with Section 22.1-29.1 of the Code of Virginia, 1950 as
amended, regarding the expiration of terms for two members of the Salem
School Board;
ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY
COUNCILWOMAN GARST, AND DULY CARRIED, November 8, 2010, was hereby
set as the date for a public hearing in accordance with Section 22.1-29.1 of The
Code of Virginia 1950 as amended, regarding the expiration of terms for two
members of 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.
WHEREAS, Mr. Boggess stated that the School Board interviews are
scheduled for November 10, 2010, beginning at 4:30 p.m. in the City Manager’s
conference room and as we begin to receive applications, the interested parties
will be asked to come to the public hearing and make a statement and then will
be invited to come to a twenty-minute interview with City Council on
November 10, 2010, beginning at 4:30 p.m.; and
WHEREAS, Vice-Mayor Givens asked if it would be made known in the
advertisement that the applicants need appear at the public hearing; and
WHEREAS, Mr. Boggess responded affirmatively, that applicants would be
requested to submit a letter of interest prior to the p ublic hearing, but it is not
required that they appear at the public hearing; and
Mayor Foley requested that Council consider appointments to fill
vacancies on various boards and commissions;
ITEM 7
NOVEMBER 8,
2010, SET AS
PUBLIC HEARING
IN ACCORDANCE
WITH SECTION
22.1-29.1 OF THE
CODE OF VIRGINIA,
1950, AS
AMENDED,
REGARDING THE
EXPIRATION OF
TERMS OF TWO
MEMBERS OF THE
SALEM SCHOOL
BOARD
ITEM 8
BRUCE N.
THOMASSON
REAPPOINTED TO
BLUE RIDGE
BEHAVIORAL
HEALTHCARE
BOARD OF
DIRECTORS; DANA
BARNES LEE
REAPPOINTED AS
AT-LARGE
REPRESENTATIVE
ON BLUE RIDGE
BEHAVIORAL
HEALTHCARE
BOARD OF
DIRECTORS
6
ON MOTION MADE BY VICE-MAYOR GIVENS , SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, Bruce N. Thomasson was
hereby reappointed to the Blue Ridge Behavioral Healthcare Board of Directors
for a three-year term, said term will expire December 31, 2013; and the
reappointment of Dana Barnes Lee for a three-year term was hereby ratified as
an at-large representative on the Blue Ridge Behavioral Healthcare Board of
Directors, said term will expire December 31, 2010 -- 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, Councilwoman Garst thanked Mr. Thomasson and Ms. Lee for
their service on this board; and
Mayor Foley requested that the induction ceremony for newly elected
members and representatives of the Mayor’s Youth Council be held; and
WHEREAS, the City Attorney administered the oath of office for service
on the Mayor’s Youth Council to Sarah Peters, Jordan Jeffries, Shivani Patel, and
Browyne Foley; and
WHEREAS, the City Attorney administered the oath of office for the Vice-
Mayor of the Mayor’s Youth Council to Shivani Patel; and
WHEREAS, the City Attorney administered the oath of office for the
Mayor of the Mayor’s Youth Council to Browyne Foley;
THEREUPON, induction ceremony for newly elected members and
representatives of the Mayor’s Youth Council was held; and
WHEREAS, Mayor Foley congratulated the Youth Council and explained
the Youth Council is involved in activities around town to give them exposure to
local government so they have a better understanding and perhaps become
better citizens and are also good labor to get involved in community activities.
There being no further business to come before the Council, the same on
motion adjourned at 7:56 p.m.
ITEM 1
INDUCTION OF
THE MAYOR’S
YOUTH COUNCIL