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Home My WebLink About1/11/2010 - City Council - Minutes - RegularUNAPPROVED MINUTES CITY COUNCIL WORK SESSION January 11, 2010 A work session of the Council of the City of Salem, Virginia, was held in Room 131 at Andrew Lewis Middle School, 616 South College Avenue, Salem, Virginia, on January 11, 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; Steven M. Yost, City Attorney, 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, Chief Jeff Dudley and Lieutenant Bill Bandy, Salem Police Department, discussed proposed changes to the Code of the City of Salem, Virginia, pertaining to Animals; and a discussion was held regarding the proposed changes; 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 6:50 p.m. for the purpose of discussing the following specific matter: 1. Consultation by legal counsel regarding a specific legal matter requiring the provision of legal advice by such counsel, which is authorized by Section 2.2- 3711 A. 7. of the Code of Virginia, 1950 as amended to date; and -- the roll call vote: all - aye. Upon reconvening at 7:22 p.m.; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN GARST, 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, discussed, or considered by the Council -- the roll call vote: all - aye. WHEREAS, there no other topics were discussed. There being no further business to come before the Council, the work session was adjourned at 7:25 p.m. Mayor Clerk of Council UNAPPROVED MINUTES COUNCIL MEETING January 11, 2010 A regular meeting of the Council of the City of Salem, Virginia, was held in the Auditorium of Andrew Lewis Middle School, 616 South College Avenue, on January 11, 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; Mike Stevens, Communications Director; and Stephen M. Yost, City Attorney; and the following business was transacted: The December 7 and 8, 2009, minutes of the special meeting of Council, and the December 14, 2009, work session and regular meeting minutes were approved as written. The report by the City Manager of the City’s activities for November 2009 was received and ordered filed. The report by the Director of Finance of the City’s financial status for a five-month period ending November 30, 2009, was received and ordered filed. Mayor Foley reported that this date had been set to hold a public hearing to consider the request of H-H of VA, LLC, property owner, and CommUNITY Church, lessee, for rezoning the property located at 901 Russell Drive (Tax Map #15-1-1) from BCD Business Commerce District to RSF Residential Single Family District; and WHEREAS, the Planning Commission at its regular meeting held on December 16, 2009, recommended denial of said request; ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, the public hearing to consider request of H-H of VA, LLC, property owner, and CommUNITY Church, lessee, for rezoning the property located at 901 Russell Drive (Tax Map #15 -1-1) from BCD Business Commerce District to RSF Residential Single Family District was hereby continued until the February 8, 2010, meeting of Council in order to allow the City Attorney to research legal issues brought forth by the petitioner – 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 1 REQUEST OF H-H OF VA, LLC, PROPERTY OWNER, AND COMMUNITY CHURCH, LESSEE, FOR REZONING THE PROPERTY LOCATED AT 901 RUSSELL DRIVE (T/M #15-1-1) FROM BCD TO RSF CONTINUED TO FEBRUARY 8, 2010, MEETING 2 Mayor Foley requested that Council consider adopting Resolution 1148 in support of the Safe Routes to School program for Andrew Lewis Middle School; and WHEREAS, Councilwoman Garst questioned if the program was a fully- funded grant program; and WHEREAS, the Clerk of Council stated that the program is 100 percent funded to provide for the initial planning and then for potential construction in the future; ON MOTION MADE BY COUNCILMAN JONES, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, Resolution 1148 in support of the Safe Routes to School program for Andrew Lewis Middle School was hereby adopted: (HERE SET OUT RESOLUTION 1148) -- 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 1149 authorizing the execution of the 2009 State Homeland Security Program grant (SHSP); and WHEREAS, Salem Sheriff Atkins appeared before the Council to give an overview of the grant; he stated that the grant is a federal, multi-jurisdictional grant designated for critical infrastructure in the courthouse; he stated Sheriffs’ offices in the City of Salem and Roanoke County partnered to secure a portion of the grant; he stated that Major Rorer was responsible for writing and facilitating the grant, and he worked with both state and federal officials trained to secure grant funds; he further stated that the Department of Homeland Securit y, in partnership with the Virginia Department of Emergency Management, has awarded the Salem Sheriff’s Office grant funding in the amount of $70,775.00 which will secure a state-of-the-art, integrated camera system that will serve the needs of the courthouse for many years to come; and WHEREAS, a discussion was held regarding where the security cameras would be to locate enhanced security at the courthouse, etc.; ITEM 2 RESOLUTION 1148 ADOPTED IN SUPPORT OF THE SAFE ROUTES TO SCHOOL PROGRAM FOR ANDREW LEWIS MIDDLE SCHOOL ITEM 3 RESOLUTION 1149 ADOPTED AUTHORIZING THE EXECUTION OF THE 2009 STATE HOMELAND SECURITY PROGRAM GRANT (SHSP) 3 ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY VICE MAYOR GIVENS, AND DULY CARRIED, Resolution 1149 authorizing the execution of the 2009 State Homeland Security Program grant (SHSP) was hereby adopted: (HERE SET OUT RESOLUTION 1149) -- 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 and stormwater management for the Roanoke College – Elizabeth Campus Tennis Facility project; and WHEREAS, Vice Mayor Givens, Chairman of Council’s Audit-Finance Committee, reported that the Committee reviewed the performance bond for erosion and sediment control and stormwater management for the Roanoke College, Elizabeth Campus Tennis Facility project and recommends settin g bond at $117,717.60 with a time limit of twelve (12) months for completion; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, the performance bond for erosion and sediment control and stormwater management for the Roanoke College, Elizabeth Campus Tennis Facility project was hereby set at $1 17,717.60 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 appointments to fill vacancies on various boards and commissions; ON MOTION MADE BY COUNCILMAN JONES, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, Jane W. Johnson, Byron R. Foley (alternate), James E. Taliaferro, II, Frank P. Turk (alternate), Ric Atkins, and Keith Mucha (alternate) were hereby reappointed to the Western Virginia Regional Jail Authority, said terms 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. ON MOTION MADE BY COUNCILWOMAN GARST, SECONDED BY VICE MAYOR GIVENS, AND DULY CARRIED, David A. Botts was herby reappointed to ITEM 5 JANE W. JOHNSON, BYRON R. FOLEY, JAMES E. TALIAFERRO, II, FRANK P. TURK, RIC ATKINS, AND KEITH MUCHA REAPPOINTED TO WESTERN VIRGINIA REGIONAL JAIL AUTHORITY; DAVID A. BOTTS REAPPOINTED TO BOARD OF APPEALS ITEM 4 BOND AND TIME LIMIT SET FOR ROANOKE COLLEGE, ELIZABETH CAMPUS TENNIS FACILITY PROJECT 4 the Board of Appeals (Universal State-Wide Building Code) for a five-year term, said term will expire January 1, 2015 -- 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 7:43 p.m.