HomeMy WebLinkAbout4/12/2010 - City Council - Minutes - RegularUNAPPROVED MINUTES
CITY COUNCIL WORK SESSION
April 12, 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 April 12,
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;
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, the Director of Finance discussed mid-year budget adjustments; and
WHEREAS, the meeting adjourned at 7:22 p.m. and was reconvened at 7:55 p.m. (after
the regular Council meeting adjourned); and
WHEREAS, a discussion was held regarding the 2010-2011 budget; 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 8:45 p.m.
Mayor
Clerk of Council
UNAPPROVED MINUTES
COUNCIL MEETING
April 12, 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 April 12, 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; Charles E. Van Allman, Jr., City Engineer;
and William C. Maxwell, Assistant City Attorney; and the following business was
transacted:
It was noted that Troop 39 from First Christian Church was present at this
meeting of Council.
The March 23, 2010, regular meeting minutes were approved as written.
Mayor Foley reported that this date and time had been set to hold a
public hearing and consider amending the 2009-2010 budget; notice of such
hearing was published in the April 8, 2010, issue of the Salem Times-Register, a
newspaper published and having general circulation in the City of Salem; and
WHEREAS, Vice Mayor Givens, Chairman of Council’s Audit-Finance
Committee, reported that the Audit-Finance Committee met regarding the mid-
year budget adjustments and he asked that the Director of Finance explain the
adjustments; and
WHEREAS, the Director of Finance reported that each year Council is
accustomed to being presented amendments to the current year budget; in the
past, the amendments were a result of events and circumstances unknown when
the budget was developed; additionally, grants are received that need to be
accounted for and an update given on projects for which funds have been
reserved; this year, however, is extraordinarily unique because the downturn in
the national, state, and local economies has entered its third year and is
expected to continue to influence budgets well into 2012; we are now discussing
2009-10, along with the immediate impact on 2010-11; the State has already
approved its 2010-12 budget, which cuts huge sums of funding for state and
local governments; the Committee has thoroughly reviewed the amendments
presented by City staff and has noted a decline in key revenue sources such as
Sales Tax, Utility Tax, Meals Tax, Lodging Tax, and Communications Tax totaling
ITEM 1
2009-10 MID-YEAR
BUDGET
ADJUSTMENTS
APPROVED
2
$970,000; a list of budget amendments which include s a deferral of capital
outlay, savings from personnel vacancies, and solid waste disposal savings are
expected to offset the revenue decline in the current year; the Committee
recommends approval of the mid-year budget amendments as presented and
concurrence with the action of the School Board regarding its budget
amendments; and
WHEREAS, Vice Mayor Givens commended the Director of Finance and
staff, as well as all department directors for their efforts to maintain a balanced
budget; and
WHEREAS, Mayor Foley stated that the 2009-10 budget is down
approximately five percent from when the budget was originally adopted; and
WHEREAS, no other person(s) appeared before the Council;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, 2009-2010 Mid-Year Budget
Adjustments are 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 approval of the
comprehensive agreement for the Police Department Judges Chambers
Expansion Project; and
WHEREAS, Vice Mayor Givens, Chairman of Council’s Audit-Finance
Committee, reported that the Committee reviewed the comprehensive
agreement for the Police Department Judges Chambers Expansion Project and
recommends approval of a contract with Lionberger Construction in the amount
of $1,326,511, contingent on review and approval by the City Attorney and City
Staff; and
WHEREAS, the City Manager stated that an addition to the police
department would encompass a new chamber for Judge Steve Agee, who is a
resident of Salem and has been appointed to the Federal Court, but has the
option to choose to have his office in Salem; he stated that when a federal judge
needs a new chamber built, the general services administration of the federal
government goes out and solicits bids within a certain geographic footprint in
order to build a new chamber for the judge; he stated that the City of Salem was
approached to put in a bid for the construction of the new judge’s chambers as
ITEM 2
COMPREHENSIVE
AGREEMENT FOR
POLICE
DEPARTMENT
JUDGES
CHAMBERS
EXPANSION
PROJECT
APPROVED AND
CONTRACT
AWARDED TO
LIONBERGER
CONSTRUCTION
3
part of the police department building for a number of reasons—the security
required for a federal judge cannot be met in many traditional office buildings,
but because the office will be part of the public safety administration building
and has a controlled access, the location is ideal for the type of office needed for
a federal judge; in addition, the location of the building fits in the geographic
footprint the judge indicated he would like for his chambers to be located; he
further stated that through a very long process that the Assistant City Manager
has spearheaded, the City submitted a bid for improvements to the Salem Police
Department and to build a chamber for Judge Agee, which has been approved by
GSA; he stated that through a Public/Private Procurement Act, proposals for
construction were solicited in which Lionberger Construction was the best
proposal submitted; he further stated that the City of Salem will endeavor to
build the judge’s chamber and the lease payment received from the federal
government will pay the debt service for the construction costs; and
WHEREAS, Vice Mayor Givens stated that the lease is for fifteen (15)
years; and
WHEREAS, the City Manager stated that the lease is guaranteed for
fifteen (15) years; and
WHEREAS, Mayor Foley stated that the City will own the building once
Judge Agee retires; and
WHEREAS, a discussion was held regarding the terms of the lease, etc.;
ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY
COUNCILWOMAN GARST, AND DULY CARRIED, the comprehensive agreement
for the Police Department Judges Chambers Expansion Project and contract with
Lionberger Construction in the amount of $1,326,511 was hereby approved
contingent on review and approval of the City Attorney and City Staff -- 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 approval of the
comprehensive agreement for the Police Department Judges Chambers
Expansion Project; and
WHEREAS, Vice Mayor Givens, Chairman of Council’s Audit-Finance
Committee, reported that the Committee reviewed the performance bond for
physical improvements and erosion and sediment control for the Our Lady of
ITEM 3
BOND AND TIME
LIMIT SET FOR OUR
LADY OF
PERPETUAL HELP
CATHOLIC
CHURCH PROJECT
4
Perpetual Help Catholic Church project and recommends setting bond at $8,151
with a time limit of twelve (12) months for completion;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, bond for physical improvements and
erosion and sediment control for the Our Lady of Perpetual Help Catholic Church
project was hereby set at $8,151 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 awarding contract for the
Broad Street Culvert project; and
WHEREAS, Vice Mayor Givens, Chairman of Council’s Audit-Finance
Committee, reported that the Committee reviewed the bids that were received
for the Broad Street Culvert Repair project; the two bids submitted were
reviewed by Mattern and Craig Engineers; the City’s Engineering and Finance
Departments determined both bids were consistent with plans and
specifications; the 2009-10 budget contains sufficient funds for this project; the
Committee concurs with the recommendation that the low bid of Alleghany
Construction Company, Inc., in the amount of $126,000 be accepted; and
WHEREAS, the City Manager stated that the Broad Street Culvert is
located next to Brooks-Byrd Pharmacy where one lane of traffic has been
blocked for some time; he stated that this project will correct the problem; he
further stated that the reason the project has taken so long is t hat the project
encompassed both a need for corrective work on the Salem City side, as well as
some corrective work on the Brooks-Byrd Pharmacy side, which is owned by
Snyder Nursing Home; he stated that it was necessary for both parties to work
together on this project at the same time rather than the City try to correct its
problem and leave an unfixed problem at Brooks-Byrd Pharmacy or vice versa;
he further stated that if Council awards a contract, the project should proceed
very quickly; and
WHEREAS, Councilwoman Garst questioned if both lanes will need to be
closed once work begins on the project; and
WHEREAS, the City Engineer stated that both lanes are not planned to be
closed; it is planned to keep one lane open when possible; he stated that on
occasion both lanes will need to be closed in order to move in heavy equipment
or something of that nature; and
ITEM 4
CONTRACT
AWARDED TO
ALLEGHANY
CONSTRUCTION
COMPANY, INC.
FOR BROAD
STREET CULVERT
PROJECT
5
WHEREAS, Vice Mayor Givens questioned if the front entrance to Brooks -
Byrd will be closed at any time; and
WHEREAS, the City Engineer stated that the front entrance to Brooks-
Byrd will be closed, and it is stipulated in the contract that the front entrance will
be closed for no more than seven (7) continuous days at a time with access to
the store in the rear of the building; he stated that it is t he hope to minimize the
seven-day time frame that the front entrance will be closed and make it as brief
as possible; and
WHEREAS, Councilman Jones questioned if the closure has been
discussed with Brooks-Byrd; and
WHEREAS, the City Engineer stated that it has been discussed and
everyone is aware of the closure; he stated that it has also been coordinated
with the Building Inspector;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, the contract for the Broad
Street Culvert project was hereby awarded to Alleghany Construction Company,
Inc., in the amount of $126,000 -- 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 to extend the franchise agreement between Appalachian Power
Company, doing business as American Electric Power, and the City of Salem;
ordinance was passed on first reading at the March 23, 2010, meeting;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, an ordinance to extend the
franchise agreement between Appalachian Power Company, doing business as
American Electric Power, and the City of Salem was hereby adopted on second
reading:
(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.
ITEM 5
ORDINANCE
ADOPTED TO
EXTEND THE
FRANCHISE
AGREEMENT
BETWEEN AEP
AND THE CITY OF
SALEM
6
Mayor Foley requested that Council consider appointments to fill
vacancies on various boards and commissions;
THEREUPON, no action was taken.
There being no further business to come before the Council, the same on
motion adjourned at 7:54 p.m.
ITEM 6
NO ACTION TAKEN