HomeMy WebLinkAbout6/28/2010 - City Council - Minutes - RegularUNAPPROVED MINUTES
CITY COUNCIL WORK SESSION
June 28, 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 June 28,
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 James E. Taliaferro, II, Assistant City Manager
and Clerk of Council; Frank P. Turk, Director of Finance; 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 VRS Contribution for employees hired after
July 1, 2010; and
WHEREAS, a discussion was held regarding CEDS appointments; and
WHEREAS, a discussion was held regarding the Colorado Street bridge replacement and
upcoming bridge work; 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 7:23 p.m.
Mayor
Clerk of Council
UNAPPROVED MINUTES
COUNCIL MEETING
June 28, 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 June 28, 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 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;
William L. Simpson, Jr., Assistant City Engineer; Mike Stevens, Communications
Director; and Stephen M. Yost, City Attorney, and the following business was
transacted:
The June 14, 2010, work session and regular meeting minutes were
approved as written.
The report by the Director of Finance of the City’s financial status for an
eleven-month period ending May 31, 2010, was received and ordered filed.
Mayor Foley requested that Council consider an ordinance on second
reading amending Chapter 90, Article IV, Division 2, Section 90 -257 pertaining to
water rates within the City of Salem; ordinance was passed on first reading at
the June 14, 2010, meeting; consider an ordinance on second reading amending
Chapter 90, Article IV, Division 4, Subdivision I, Section 90-303 and Subdivision II,
Section 90-322 pertaining to sewer rates within the City of Salem; the ordinance
was passed on first reading at the June 14, 2010, meeting; consider an ordinance
on second reading amending Chapter 90, Article III, Division 3, Subdivision I,
Section 90-74(a) pertaining to water connection charges within the City of
Salem; the ordinance was passed on first reading at the June 14, 2010, meeting;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, ordinances on second reading
amending Chapter 90, Article IV, Division 2, Section 90-257 pertaining to water
rates within the City of Salem; Chapter 90, Article IV, Division 4, Subdivision I,
Section 90-303 and Subdivision II, Section 90-322 pertaining to sewer rates
within the City of Salem; and Chapter 90, Article III, Division 3, Subdivision I,
Section 90-74(a) pertaining to water connection charges within the City o f Salem
were hereby adopted:
(HERE SET OUT ORDINANCES)
ITEM 2
ORDINANCE
ADOPTED
AMENDING
CHAPTER 90,
ARTICLE IV,
DIVISION 4,
SUBDIVISION I,
SECTION 90-303
AND SUBDIVISION
II, SECTION 90-322
PERTAINING TO
SEWER RATES,
AND
ITEM 1
ORDINANCE
ADOPTED
AMENDING
CHAPTER 90,
ARTICLE IV,
DIVISION 2,
SECTION 90-257
PERTAINING TO
WATER RATES,
AND
ITEM 3
ORDINANCE
ADOPTED
AMENDING
CHAPTER 90,
ARTICLE III,
DIVISION 3,
SUBDIVISION I,
SECTION 90-74(a)
PERTAINING TO
WATER
CONNECTION
CHARGES WITHIN
WITHIN THE CITY
OF SALEM
2
– 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 first
reading amending Chapter 82, Article IX, Section 82 -255 and 82-256 pertaining
to Recordation Tax; and
WHEREAS, the City Attorney stated that the recordation tax is not a new
tax; he stated that Salem has been charging the recordation tax f or recordings in
the Circuit Court Clerk’s Office since it became a city in 1968 in an amount
precisely as described by state law; he stated that the reason this is before
Council is when the state auditor was recently making its annual audit in the
Circuit Court Clerk’s Office, it was requested that the recordation tax to be
codified, placed in the code book; it has not been recently codified even though
it has been in existence for 42 years; he further stated that the ordinance does
not change anything, it merely places it in the Code of the City of Salem, Virginia;
ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY
COUNCILWOMAN GARST, AND DULY CARRIED, an ordinance entitled, “AN
ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 82, ARTICLE I,
SECTIONS 82-255 AND 82-256, OF THE CODE OF THE CITY OF SALEM, VIRGINIA,
PERTAINING TO RECORDATION TAX” 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 awarding contract for
bridge repair - #1801 Apperson Drive at 419; and
WHEREAS, Vice Mayor Givens, Chairman of Council’s Audit-Finance
Committee, stated that for consideration is the result of the bid for repair work
on the Apperson Drive Bridge at 419; the repairs consist of replacing the outside
bearings on pier and at abutments A & B, a total of six bearings; three bids were
received for the project with the bid of Lanford Brothers being low bid at
$54,205.98; it is the recommendation of the Engineering Department, Finance
Department, and the Committee that the low bid be approved and the proper
city officials authorized to execute the contract; and
WHEREAS, Mayor Foley questioned how long the repairs would extend
the life of the bridge; and
ITEM 4
ORDINANCE
PASSED ON FIRST
READING
AMENDING
CHAPTER 82,
ARTICLE IX,
SECTIONS 82-255
AND 82-256
PERTAINING TO
RECORDATION
TAX
ITEM 5
CONTRACT
AWARDED TO
LANFORD
BROTHERS FOR
REPAIR WORK ON
THE APPERSON
DRIVE BRIDGE AT
419
3
WHEREAS, the Assistant City Engineer stated that it would extend the life
of the bridge another 10 to 15 years; and
WHEREAS, a discussion was held regarding the bids received for the
repair work (i.e. costs, length to repair, etc.);
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, the contract for bridge repair on the
Apperson Drive Bridge at 419 was hereby awarded to Lanford Brothers in the
amount of $54,205.98 and the 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 authorizing appropriate City
Staff to execute a contract to replace the Computer Aided Dispatch (CAD) system
at the Salem Police Department; and
WHEREAS, Vice Mayor Givens, Chairman of Council’s Audit-Finance
Committee, stated that the Police Department’s “Computer Aided Dispatch
System (CAD)” has been in danger of collapsing and becoming non-functional for
over a year; computer support for this “legacy system” is provided by a company
located in Salt Lake City, Utah, and they have informed the City they will no
longer provide enhancements or support; replacement of this system is one of
Salem’s top priorities; the project is expected to cost $650,000 and Salem has
been awarded a $150,000 grant toward the project; the City issued a RFP stating
its intention to acquire the system through the “Competitive Negotiation”
method on February 9, 2010; on March 10, proposals were received from seven
vendors; a committee comprised of Chief Jeff Dudley, Lt. Mike Green,
Supervisors Valerie Ramey and Patrick Morton reviewed the proposals and
selected three vendors for interviews and demonstrations; upon completion,
Sungard/OSSI was ranked No. 1 and the City engaged in contract negotiations;
after successful negotiations were completed, a report was submitted to the City
Manager’s Office and the Finance Department; the report was reviewed by the
Committee and the Committee concurs with the Salem Police Department’s
recommendation to accept the negotiated proposal of Sungard/OSSI in the
amount of $502,370 along with additional costs for training and equipment,
which should not exceed $552,330; funding for this system will come from a
proposed debt issuance scheduled for later this summer; and
WHEREAS, Councilman Jones questioned where the debt service would
come from; and
ITEM 6
RESOLUTION 1162
ADOPTED
ESTABLISHING
VARIOUS
MISCELLANEOUS
FEES FOR FISCAL
YEAR 2010-2011
EFFECTIVE JULY 1,
2010
4
WHEREAS, the Director of Finance stated that the debt service would be
associated with the addition to the Public Safety Building—judges facility; and
WHEREAS, Councilwoman Garst questioned the life expectancy of the
system; and
WHEREAS, the Director of Finance stated that the life expectancy is
approximately 10 to 15 years; and
WHEREAS, Councilwoman Garst questioned if this was a completely new
system or if it tied in with the current system; and
WHEREAS, the Director of Finance stated that it is a comp letely new
system that will work and be completely backed-up at the new data center; and
WHEREAS, a discussion was held regarding the current system, proposed
system, funding for the project, etc.;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, appropriate City Staff are
hereby authorized to execute a contract with Sungard/OSSI in the amount of
$502,370 along with additional costs for training and equipment which should
not exceed $552,330 – 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 a report and consider
authorizing appropriate City Staff to execute contracts for seve ral sewer system
rehabilitation projects; and
WHEREAS, Vice Mayor Givens, Chairman of Council’s Audit-Finance
Committee, stated that the DEQ Consent Order and the need on the City’s part
to begin the rehabilitation process has been discussed; the City has been
awarded approximately $4.7 million in loans for this process; with this in mind, a
“Request for Bid” was issued for the project; the project was designed by OLVER
Incorporated, Consulting Engineers; on May 19, 2010, eleven (11) bids were
received for this project; the project has four parts and bidders were invited to
bid on one or more, or all parts; the bids were reviewed by the Director of
Water/Sewer, the Director of Finance, and this Committee; it is recommended
that the bids be awarded as outlined in the OLVER Report (Contract A Lining -
awarded to Inland Waters Pollution Control, Inc. in the amount of $1,229,510.00;
ITEM 7
APPROPRIATE CITY
STAFF
AUTHORIZED TO
EXECUTE
CONTRACTS FOR
SEVERAL SEWER
SYSTEM
REHABILITATION
PROJECTS
5
Contract B Bursting – awarded to Branscome Infrastructure Group in the amount
of $839,082.00; Contract C MH Covers – awarded to Portland Utilities
Construction Co, LLC in the amount of $138,998.02; and Contract D MH Interior
– awarded to AM-Liner East, Inc. in the amount of $179,078.00) and that the
proper city officials are authorized to execute the required contracts; and
WHEREAS, Councilwoman Garst questioned who the project manager
would be for the projects; and
WHEREAS, the Clerk of Council stated that the Director of the Water/
Sewer Department would oversee the projects and he will also be assisted by
OLVER; and
WHEREAS, a discussion was held regarding the timeline for the project,
scope of the project, monies for the project, etc.
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, appropriate City Staff are hereby
authorized to execute contracts for several sewer system rehabilitation projects
– 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 1163
defining the City’s policy for paying the VRS Employee Share for new hires after
July 1, 2010; and
WHEREAS, Vice Mayor Givens, Chairman of Council’s Audit-Finance
Committee, stated that the Committee discussed Resolution 1163 stating the
city’s intent to continue to pay the employees’ share of the Virginia Retirement
System (VRS) costs; he stated that this affects employees hired July 1, 2010, and
after; he stated that Council will re-evaluate this decision on a yearly basis; and
WHEREAS, Mayor Foley stated that he feels that the City should continue
to pay the employees’ share of the VRS costs; it will keep the City competitive in
the job market; he further stated that he can foresee a time in the City’s future
that this may have to be re-examined in order for the city to be more fiscally
responsible and viable; and
WHEREAS, Councilman Jones concurred with Mayor Foley’s statements;
ITEM 8
RESOLUTION 1163
ADOPTED
DEFINING THE
CITY’S POLICY FOR
PAYING THE VRS
EMPLOYEE SHARE
FOR NEW HIRES
AFTER JULY 1, 2010
6
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, Resolution 1163 defin ing the City’s
policy for paying the VRS Employee Share for new hires after July 1, 2010, was
hereby adopted:
(HERE SET OUT RESOLUTION 1163)
– 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 first
reading adding Section 82-5.1 Administrative Fees and Costs of Collection to the
Code of the City of Salem, Virginia; and
WHEREAS, Vice Mayor Givens, Chairman of Council’s Audit-Finance
Committee, stated that the Committee met and discussed various administrative
costs and fees; when efforts are made by the Treasurer’s Office, Finance
Department, and commissioner of the Revenue to collect delinquent taxes a nd
other receivables, expenses are incurred by the City in this effort; although not
exceedingly expensive, costs up to $100 are not uncommon; the Code of
Virginia, Section 58.1-3958 provides authorization for localities to include these
costs as part of the collection process; accordingly, it is requested that Council
approve an ordinance adding Section 82-5.1 to the City Code to provide the City
with the authority to recoup some of its collection costs during these tight
budget times;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, an ordinance entitled, “AN
ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 82, ARTICLE I,
SECTION 82-5.1 OF THE CODE OF THE CITY OF SALEM, VIRGINIA, PERTAINING TO
ADMINISTRATIVE FEES AND COSTS FOR COLLECTIONS,” 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 closing certain City Offices
to the public on Thursday, July 1, 2010, to facilitate the annual audit (Treasurer,
Finance, Utility Collections, and Commissioner of the Revenue);
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, the following offices are
ITEM 9
ORDINANCE
PASSED ADDING
SECTION 82-5.1
ADMINISTRATIVE
FEES AND COSTS
OF COLLECTION TO
THE CODE OF THE
CITY OF SALEM,
VIRGINIA
ITEM 10
CERTAIN CITY
OFFICES CLOSED
TO THE PUBLIC ON
THURSDAY, JULY 1,
2010, TO
FACILITATE THE
ANNUAL AUDIT
7
hereby closed on July 1, 2010, to facilitate the annual audit: Treasurer, Finance,
Utility Collections, and Commissioner of the Revenue – 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
vacancies on various boards and commissions;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, Joseph Kyle, III; Charles T. Gwaltney;
Betty Waldron; and Joseph Harris, II, were hereby reappointed to the Fair
Housing Board for three-year terms, said terms will expire July 1, 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.
Mayor Foley requested that Council consider the request of the City
Manager to hold a closed session pursuant to provisions of Sections 2.2 -3711 A
(7) of the 1950 Code of Virginia, as amended, for consultation with legal counsel
on a specific legal matter; and Section 2.2-3711 A (1) to discuss a personnel
matter;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, in accordance with Section
2.2-3711 A. of the Code of Virginia, 1950 as amended to date, Council convened
to Closed Session at 7:46 p.m. for consultation with legal counsel, which is
authorized by Section 2.2-3711 A. (7) and to discuss a personnel matter
regarding an appointment or reappointment of an individual to certain boards
and commissions, which is authorized by Section 2.2-3711 A. (1) of the Code of
Virginia, 1950 as amended to date -- 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 8:32 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
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,
ITEM 11
JOSEPH KYLE, III;
CHARLES T.
GWALTNEY; BETTY
WALDRON; AND
JOSEPH HARRIS, II
REAPPOINTED TO
FAIR HOUSING
BOARD
ITEM 12
CLOSED SESSION
FOR
CONSULTATION
WITH LEGAL
COUNSEL AND TO
DISCUSS A
PERSONNEL
MATTER
8
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 8:33 p.m.
Page 1 of 2
AGENDA
SALEM CITY COUNCIL
June 28, 2010
Council Chambers
7:30 p.m.
AGENDA TOPICS
1. Water Rates
(Passed on first reading, June 14,
2010 Council meeting)
2. Sewer Rates
(Passed on first reading, June 14, 2010
Council meeting)
3. Sewer Connection Charges
(Passed on first reading, June 14, 2010 Council meeting)
4. Amendment to City Code
5. Bridge Maintenance
(Audit Finance Committee)
6. Police CAD System
(Audit Finance Committee)
7. Sewer System Rehabilitation
(Audit Finance Committee)
Page 2 of 2
June 28, 2010, Agenda continued
AGENDA TOPICS
8. Virginia Retirement System (VRS)
the City’s
(Audit Finance Committee)
9. Administrative Costs and Fees
(Audit Finance Committee)
10. 2009-2010 Audit
(Treasurer, Finance, Utility Collections, and Commissioner of the Revenue)
11. Boards and Commissions
12. Closed Session