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HomeMy WebLinkAbout5/26/2009 - City Council - Minutes - RegularUNAPPROVED MINUTES CITY COUNCIL WORK SESSION May 26, 2009 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 May 26, 2009, 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; and Frank P. Turk, Director of Finance; 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 presentation from the Clerk of Council on Parks and Recreation regarding an update on cuts in Special Events programs; and WHEREAS, a presentation from the City Manager regarding the Kerr Lake withdrawal request; and WHEREAS, a presentation from the City Manager and the City Attorney was received regarding Hedge Metal; and WHEREAS, an update on the Business Incubator was given by the City Manager; and WHEREAS, and update on the Virginia Western Community College Scholarship Program was given by the City Manager; 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 7:24 p.m. Mayor Clerk of Council UNAPPROVED MINUTES COUNCIL MEETING May 26, 2009 A regular meeting of the Council of the City of Salem, Virginia, was held in the Council Chambers, City Hall, 114 North Broad Street, on May 26, 2009, 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, City Engineer; Mike Stevens, Communications Director; and Stephen M. Yost, City Attorney; and the following business was transacted: Also present at the meeting was Mrs. Terry LaRocco’s government class from Salem High School. The May 11, 2009, work session minutes and regular meeting minutes were approved as written. The report by the City Manager of the City’s activities for April 2009 was received and ordered filed. The report by the Director of Finance of the City’s financial status for a ten-month period ending April 30, 2009, was received and ordered filed. Mayor Foley reported that this date and time had been set to hold a public hearing to consider the sale of City of Salem real property designated as an approximate 2.2-acre tract located at 1130 Lynchburg Turnpike, being a portion of Tax Map #148-1-2; notice of such public hearing was published in the May 18, 2009, issue of The Roanoke Times, a newspaper having general circulation in the City of Salem; and WHEREAS, the City Manager appeared before Council and stated that the 2.2-acre parcel is a parcel located between the property owned by Preston Waldrop and the YMCA, it’s the slope that goes up the hill toward the YMCA; he further stated that the City has been approached by a developer that has some interest in working with that piece of property and asked Council to hold a public hearing to consider any input on the sale of the property, and then by motion request that Council authorize the City Manager to begin negotiating a contract for the sale of the property if Council deems it appropriate; and ITEM 1 PUBLIC HEARING HELD TO CONSIDER THE SALE OF A 2.2-ACRE TRACT LOCATED AT 1130 LYNCHBURG TURNPIKE, PORTION OF T/M 148-1-2; CITY MANAGER AUTHORIZED TO NEGOTIATE A CONTRACT FOR THE SALE OF THE PROPERTY 2 WHEREAS, no other person(s) appeared related to the sale of the property; ON MOTION MADE BY COUNCILMAN JONES, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, the City Manager is hereby authorized to begin negotiating a contract for the sale of a 2.2-acre parcel being a portion of the property located at 1130 Lynchburg Turnpike (Tax Map #148-1- 2) – the roll call vote: all – aye. Mayor Foley requested that Council consider an ordinance on first reading establishing tax rates for real estate and personal property; and WHEREAS, the Director of Finance stated that the ordinance reaffirms the tax rates currently in place, there is no increase or decrease in the rates and the revenue generated will be based on the assessments that are on the books; the rates are $1.18 per $100 of assessed value on real estate, and $3.20 per $100 of assessed value on personal property, machinery and tools; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, an ordinance establishing tax rates for real estate and personal property was hereby passed on first reading – the roll call vote: all – aye. Mayor Foley reported that this date and time had been set to hold a public hearing and consider an ordinance on first reading adopting the budget for fiscal year 2009-10; and WHEREAS, the City Manager stated that the advertisement for the public hearing did not appear in the Salem Times-Register as requested; therefore, the City Manager asked that Council go ahead and receive public comment regarding the budget with the understanding that the schedule will need to be amended for the final approval of the budget to be on the last Council meeting in June ; and WHEREAS, Rollie Gilcrest, Jr., 4333 Electric Road, Apt. 2K, Roanoke, Virginia; appeared before the Council and stated that he is a case m anager with the Brain Injury Services of Southwest Virginia; he thanked Council for remembering the Brain Injury Services of Southwest Virginia in its budget for the upcoming fiscal year; and ITEM 2 ORDINANCE PASSED ESTABLISHING TAX RATES FOR REAL ESTATE AND PERSONAL PROPERTY ITEM 3 PUBLIC HEARING AND ORDINANCE PASSED ON FIRST READING ADOPTING THE BUDGET FOR FISCAL YEAR 2009- 2010 3 WHEREAS, Vice Mayor Givens commended the department directors and staff for the tough decisions that were made regarding the fiscal year 2009-10 budget; and WHEREAS, no other person(s) appeared related to the adoption of the budget; ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY VICE MAYOR GIVENS, AND DULY CARRIED, an ordinance adopting the budget for fiscal year 2009-10 was hereby passed on first reading – the roll call vote: all – aye. Mayor Foley requested that Council consider adopting Resolution 1138 establishing the Schematic List of Job Classes and Pay Ranges for fiscal year 2009-2010; and WHEREAS, the Director of Finance stated that Resolution 1138 establishes the schematic list for FY 2009-10; he stated that the schematic list is identical to the schematic list adopted in 2008-09 except for one position where there was a job title change; he stated that the pay range and step scale is identical to the 2008-09 scale, it just reflects FY 2009-10 instead of FY 2008-09; he stated that there are no salary increases or merit pay included in the 2009 -10 budget; and WHEREAS, Councilman Jones questioned what job title changed; and WHEREAS, the Director of Finance stated that there was a position entitled Computer Help Desk that is now called a Computer Specialist Technician in the Technology Services Department; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, Resolution 1138 establishing the Schematic List of Job Classes and Pay Ranges for fiscal year 2009-2010 was hereby adopted: (HERE SET OUT RESOLUTION 1138) – the roll call vote: all – aye. Mayor Foley requested that Council consider adopting Resolution 1139 establishing miscellaneous fees for fiscal year 2009-2010; and ITEM 4 RESOLUTION 1138 ADOPTED ESTABLISHING THE SCHEMATIC LIST OF JOB CLASSES AND PAY RANGES FOR 2009-2010 ITEM 5 RESOLUTION 1139 CONTINUED UNTIL JUNE 8, 2009 MEETING 4 WHEREAS, the Director of Finance requested that Resolution 1139 be continued until the June 8, 2009, Council meeting; THEREUPON, Resolution 1139 establishing miscellaneous fees for fiscal year 2009-2010 was hereby continued until the June 8, 2009, meeting. Mayor Foley requested that Council consider an ordinance on first reading establishing the Other Post Employment Benefits (OPEB) Trust Fund; and WHEREAS, Vice Mayor Givens, Chairman of Council’s Audit-Finance Committee, reported that the effective date for city’s compliance to the GASB-45 (Other Post Employment Benefits) requirement is fiscal year ending June 30, 2009; currently, an actuarial study is underway and the results will be available soon; this study will specify the ARC “Annual Required Contribution” the city is required to place in the fund this year; since the ARC is based on a number of factors, including the rate of return that can be earned on investments, it is advisable to participate along with other localities and join the VACO/VML Trust; this trust can invest funds in a way not available to local governments, thus enhancing the rate of return and reducing required contributions; it will work much like the Virginia Retirement System; this is the only pooled trust offered in Virginia for other post-employment benefits; the Committee reviewed the OPEB Trust Fund information and recommended joining the VACO/VML Trust and forming the City of Salem Finance Board to serve as trustee; and WHEREAS, the Director of Finance stated that approximately two or three years ago the Governmental Standards Accounting Board was concerned about other post employment benefits; the most common post employment benefit is the pension plan for retirees, which the City offers through the Virginia Retirement System (VRS); he stated that the new accounting standard requires localities to start recognizing and setting money aside for the health benefits for retirees at the point in time when retirees continue on the health insurance plan; he stated that the money is required to be set aside in advance of that date to be able to help those premiums be paid; he further stated that the requirement is effective for the City of Salem for the fiscal year ending June 30, 2009, which is when the City will have to make a deposit into a trust fund account; he further stated that he recommends a trust fund with VACO/VML because it is the only trust fund that is approved for the Commonwealth of Virginia localities; he stated the fund was started by two larger counties in northern Virginia; he stated that participating in the VACO/VML Trust allows the City to accumulate and earn more income/earnings on the money placed into the trust than under a standard trust the City could do itself because the authority that has the VACO /VML Trust ITEM 6 ORDINANCE PASSED ESTABLISHING THE OTHER POST EMPLOYMENT BENEFITS (OPEB) TRUST FUND 5 has a greater leeway to invest money than the City; he stated that the VML/ VACO Trust can invest and earn seven percent on money invested, where the City can only earn three to four percent on money invested; he further stated that the Audit-Finance Committee recommends that Council authorize the City Manager to sign a contract with the VACO/VML OPEB Trust Fund; he stated that it requires that there be an independent local board of trustees whose duties are to oversee and keep track of the City’s investments and how it’s working; the group is authorized to make changes, if necessary; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, an ordinance establishing the Other Post Employment Benefits (OPEB) Trust Fund was hereby passed on first reading – the roll call vote: all – aye. Mayor Foley requested that Council consider setting bond for erosion and sediment control and storm water management for the Lucas Hall Addition/Renovation project at Roanoke College; 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 storm water management for the Lucas Hall Addition/Renovation project and recommends setting bond at $24,403.50 with a time limit of twelve (12) months for completion; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, bond and time limit for the Lucas Hall Addition/Renovation project was hereby set at $24,403.50 with a time limit of twelve (12) months for completion – the roll call vote: all – aye. Mayor Foley requested that Council consider appointments to fill various boards and commissions; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, Winston J. DuBois was hereby recommended for reappointment to the Board of Zoning Appeals for a five-year term, said term will expire June 5, 2014; William T. Dalton and Howard M. Semones were hereby recommended for reappointment to the Board of Zoning Appeals as Alternate Members for five-year terms, said terms will expire June 1, 2014 – the roll call vote: all – aye. ITEM 8 WINSTON J. DUBOIS REAPPOINTED TO BOARD OF ZONING APPEALS; WILLIAM T. DALTON AND HOWARD M. SEMONES REAPPOINTED TO BOARD OF ZONING APPEALS AS ALTERNATE MEMBERS ITEM 7 BOND AND TIME LIMIT SET FOR LUCAS HALL ADDITION/ RENOVATION PROJECT AT ROANOKE COLLEGE 6 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(3) of the 1950 Code of Virginia, as amended, to discuss property the City may wish to purchase; 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 7:51 p.m. for the purpose of discussing the following specific matter: 1. Discussion of a real estate matter pertaining to property the City may desire to purchase, which is authorized by Section 2.2-3711 A. 3. of the Code of Virginia, 1950 as amended to date; -- the roll call vote: all aye. Upon reconvening at 8:15 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, discussed, or considered by the Council -- the roll call vote: all - aye. There being no further business to come before the Council, the same on motion adjourned at 8:16 p.m. ITEM 9 CLOSED SESSION