Loading...
HomeMy WebLinkAbout4/27/2009 - City Council - Minutes - RegularUNAPPROVED MINUTES COUNCIL MEETING April 27, 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 April 27, 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: The minutes of the March 23, 2009, regular meeting of Council were approved as written. The report by the City Manager of the City’s activities for March 2009 was received and ordered filed. Mayor Foley recognized that the City of Salem has been named Tree City USA for the tenth straight year, and commended city staff for its efforts. Mayor Foley requested that Council receive a presentation from Sarah W. Southard, Chair, Salem School Board, regarding the 2009-2010 budget; and WHEREAS, Sarah W. (Sally) Southard, Chair Salem School Board, appeared before the Council to present the City of Salem School Division balanced budget for fiscal year 2010, which was approved by the School Board on March 24, 2009; she stated that the budget consists of the school fund budget in the amount of $42,607,004 and the cafeteria fund budget in the amount of $1,672,950 for a total budget of $44,279,9 54; she stated that the budget is $500,745 less (or 1.1 percent) than the fiscal year 2009 adopted budget; she further stated that revenue highlights include state revenue in the amount of $18.5 million, which is $1 million less than fiscal year 2009; she stated that lottery funding, basic aid, and sales tax were all reduced and construction grant funding was eliminated; the state will fund approximately $4,200 per student next year; federal revenue through the new state fiscal stabilization fund will provide $1,366,008 which will prevent the school division from having to incur teacher furloughs or layoffs to balance the budget; she stated that more federal money is expected for special education and Title I services in the next few months but is unsure of the exact amounts at this time; she stated that ITEM 1 PRESENTATION FROM SARAH W. SOUTHARD, CHAIR, SALEM SCHOOL BOARD REGARDING 2009- 2010 BUDGET 2 there is no increase in local funding for fiscal year 2010, but there was also no decrease in local funding for which the School Board is very grateful; she stated that the schools will continue to receive $18,420,000 for operations and $1.9 million for debt service; she further stated that in regard to the cafeteria fund, an increase in student lunches is included due to personnel and food cost increases; she stated that elementary lunches will increase 10 cents to $1.90, middle school lunches will be comparable to the high school lunches with an increase of 15 cents, and high school lunches will increase 5 cents making both the middle school and high school lunches cost $2.05; she stated that adult lunches will increase 10 cents to $2.55; she further stated that there will not be an increase in breakfast or milk prices; she stated that the School Board’s number one job in preparing the budget was to preserve jobs and the instructional program; she further stated that through attrition, some positions will be eliminated in preparation for the elimination of t he stimulus funds in two years; other budget cuts include $100,000 in text books, $85,000 in technology, $81,000 in instructional supplies, $44,000 in carpeting, $24,000 in remediation, $26,000 in summer remediation, $6,400 in continuing education, $86,000 for a school bus and 15 percent in travel expenses; she stated that teacher salaries will reflect an additional year of service but no step or cost-of-living increases will be provided since there will be no raises for employees this year; she stated that the $2,500 supplement per year for teachers with National Board certifications and substitute pay will remain the same, classified staff and administrators will remain on the same step as the current year; the total cost of salaries will be approximately $25 million in the school fund and $533,000 in the cafeteria fund; she asked that Council on behalf of the City of Salem School Board, to approve the balanced budget consisting of a school fund budget in the amount of $42,607,004 and the cafeteria fund budget in the amount of $1,672,950 for a total budget of $44,279,954; she stated that she and Dr. Seibert are available to answer any questions from Council; and WHEREAS, Councilwoman Garst questioned what the student population would be next year; was an increase in enrollment expected; and WHEREAS, Dr. Seibert, Superintendent of Salem City Schools, stated that the student population has been stable and that staff tries to be conservative on estimates of student enrollment; he stated that this year there are approximately 3,890 students in the schools and 3,830 students were budgeted for the proposed school year 2009-10; and WHEREAS, Councilwoman Garst questioned if the state funding amount per student changed; and 3 WHEREAS, Dr. Seibert stated that the funding did change, it will be around $4,200 in the proposed fiscal year 2010 budget, and was around $4,500 in the 2009 fiscal year; and WHEREAS, Vice Mayor Givens asked if tuition for non-resident students will be increased; and WHEREAS, Dr. Seibert stated that the Board increased the tuition for non- resident students by 50 percent last year, which was done with the expectation that the same rate would remain in place for the next few years, currently $300 per year ($150 if you are an employee of the City of Salem or the School Division); and WHEREAS, Councilwoman Garst questioned if the travel expenses that were reduced in the budget were for student travel or administration travel; and WHEREAS, Dr. Seibert stated that it was professional development trave l expenses for teachers and administrators and was reduced by 15 percent; and WHEREAS, Councilman Jones stated that there are currently approximately 350 non-resident students, and asked if additional non-resident students will be accepted; and WHEREAS, Dr. Seibert stated that the same process that has been used will remain in place; applications will be received and consideration will be given based on space availability; he stated that in most cases, there will be less availability especially in those classes where there will be collapsing through attrition; he further stated that no action will be taken on new applications until late summer; and WHEREAS, Councilwoman Johnson questioned if the decrease in personnel through attrition would be educators or staff members; and WHEREAS, Dr. Seibert stated that at this point it is primarily teachers; he stated that six teaching positions can be reduced next year with very modest changes in class sizes; he further stated that the schools have a $2 million hole -- $1.8 million lost from the state, another $200,000 in fixed costs (hea lth insurance, etc.); the federal money is approximately $1.3 million which leaves a $700,000 gap in which cuts will have to be made in order to make up the $700,000; he further stated that the federal money is expected for two years, and the school board intends to use the money as a “glide path” from where we are to where we need to be when the money is gone; while furloughs and layoffs 4 were avoided, attrition will be used this year as well as next year so that when the federal money is gone, the school division will be in a reasonably good place unless the economy improves in the interim; and WHEREAS, Mayor Foley questioned if the price of school lunches was in line with other school lunch prices in the valley; and WHEREAS, Dr. Seibert stated that the lunch prices are in line and the increases are modest increases; he stated that when looking at lunch prices, it was realized that the portions served at the middle school are the same as the portions served at the high school, yet lunch at the middle school cost less; he further stated that there is a RFP out right now with Roanoke City and Roanoke County looking at cooperative procurement of food in an effort to try to get better prices for food in the upcoming school year; THEREUPON, presentation was received. Mayor Foley requested that Council consider adopting Resolution 1132 commending the Salem High School Forensics Team for winning the 2009 Group AA State Forensics Team Championship; and WHEREAS, Jessica Scaggs and Jenna Whisler, Junior Captains on the Forensics Team; and Coach Mark Ingerson were present at the meeting; and WHEREAS, Clerk of Council read Resolution 1132; and WHEREAS, a copy of the resolution was presented to Coach Ingerson and the Forensics Team members present at the meeting; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, Resolution 1132 commending the Salem High School Forensics Team for winning the 2009 Group AA State Forensics Team Championship was hereby adopted: (HERE SET OUT RESOLUTION 1132) – the roll call vote: all – aye. Mayor Foley reported that this date and time had been set to hold a public hearing to consider an ordinance on first reading rezon ing the properties ITEM 2 RESOLUTION 1132 ADOPTED COMMENDING THE SALEM HIGH SCHOOL FORENSICS TEAM FOR WINNING THE 2009 GROUP AA STATE FORENSICS TEAM CHAMPION- SHIP ITEM 3 ORDINANCE PASSED REZONING THE PROPERTIES OF ALLEN C. BOLEY AND BOLEY PROPERTIES, LLC, LOCATED AT 115 AND 123 FORT LEWIS BOULEVARD (TAX MAP #’s 137-4-9.3 & 137-4-9) FROM HBD TO RSF 5 of Allen C. Boley and Boley Properties LLC, property owners, located at 115 and 123 Fort Lewis Boulevard (Tax Map #’s 137-4-9.3 and 137-4-9) from HBD Highway Business District to RSF Residential Single Family District; notice of such public hearing was published in the April 8 and 15, 2009, issues of The Roanoke Times, a newspaper having general circulation in the City of Salem; and WHEREAS, the Planning Commission at its regular meeting held April 15, 2009, recommended approval of said request; and WHEREAS, staff noted the following: the subject property consists of two parcels, located on the east side of Fort Lewis Boulevard, north of West Main Street; the parcel located at 115 Fort Lewis Boulevard is approximately 1.34 acres and is currently occupied by a single family residence and a large garage; the parcel located at 123 Fort Lewis Boulevard is approximately 1.4 acres and is currently occupied by a two-family residence; both are currently zoned HBD; this request is to rezone the properties to RSF, in order to conform to the existing use of the property; the applicants have stated in order to obtain refinancing on the properties lenders require that the use conform to the zoning; and there is a separate Special Exception Permit application for the existing two- family dwelling on the second property; and WHEREAS, Allen C. Boley of 115 Fort Lewis Boulevard, property owner, appeared before the Council and stated that the reason for the rezoning is to refinance the property; he stated that if something were to happen to his residence, he could not rebuild it under the current zoning; he stated that he is requesting a special exception permit for 123 Fort Lewis Boulevard (Item 4) because the current residence located on the property meets all the criteria for a duplex and is not a single family dwelling; and WHEREAS, no other person(s) appeared related to said request; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, an ordinance entitled, “A N ORDINANCE TO AMEND SECTION 106-110, ARTICLE I, CHAPTER 106, OF THE CODE OF THE CITY OF SALEM, VIRGINIA, RELATING TO ZONING AND DIVIDING THE CITY INTO BUILDING DISTRICTS AND ESTABLISHING DISTRICT BOUNDARY LINES ON THE ZONING MAP OF THE CITY OF SALEM, VIRGINIA,” 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 to consider the request of Boley Properties LLC, property owner, ITEM 4 SPECIAL EXCEPTION PERMIT APPROVED TO ALLOW A TWO- FAMILY DWELLING ON THE PROPERTY LOCATED AT 123 FORT LEWIS BOULEVARD (TAX MAP #137-4-9) 6 for the issuance of a Special Exception Permit to allow a two-family dwelling on the property located at 123 Fort Lewis Boulevard (Tax Map #137-4-9); notice of such public hearing was published in the April 8 and 15, 2009, issues of The Roanoke Times, a newspaper having general circulation in the City of Salem; and WHEREAS, the Planning Commission at its regular meeting held April 15, 2009, recommended approval of said request; and WHEREAS, staff noted the following: the subject property consists of one parcel, located on the east side of Fort Lewis Boulevard, north of West Main Street; it is approximately 1.4 acres and is currently occupied by a two-family residence; this is part of the request as outlined in Item #1; this request is for a Special Exception Permit in order to allow the existing two-family dwelling, in RSF; the applicants have stated in order to obtain refinancing on the properties, lenders require that the existing use conform to the zoning; there is a separate application for rezoning from HBD to RSF for this property and 115 Fort Lewis Boulevard; and both properties contain existing residences; and WHEREAS, Allen Boley, property owner, appeared in support of the special exception permit request; he noted that the property has been used as a two-family residence since 1968; he further noted that the property has been in the family since the 1960s; his sister and her husband live at the residence; he stated that he does not have a desire to rent the property, but the residence meets the criteria for a duplex, therefore, a special exception permit is required in order to be in compliance; and WHEREAS, no other person(s) appeared related to said request; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, a Special Exception Permit was granted to allow a two-family dwelling on the property located at 123 Fort Lewis Boulevard (Tax Map #137-4-9) – the roll call vote: all – aye. Mayor Foley requested that Council consider an ordinance on first reading amending Chapter 98, Division 4, Section 98-151 of The Code of the City of Salem, Virginia, pertaining to taxicab rates; and WHEREAS, the City Attorney stated that the Virginia State Code allows localities to establish rates for taxicabs; he stated that some jurisdictions establish rates and some do not; he further stated that the last time the taxicab rates were changed was in 1994; he stated that taxicabs go interjurisdictionally ITEM 5 ORDINANCE PASSED ON FIRST READING AMENDING CHAPTER 98, DIVISION 4, SECTION 98-151 OF THE CODE OF THE CITY OF SALEM PERTAINING TO TAXICAB RATES 7 between Roanoke City, Roanoke County, and Salem and have a taxi meter that has to be programmed; it would behoove everyone if the set rate was the same in each jurisdiction; he further stated that the changes before Council are the same rates contained in the Roanoke City ordinance, which are up to date; he stated that a taxicab owner can charge less if they want to, but the ordinance sets the maximum rate that can be charged; and WHEREAS, J. L. Phillips, Salem Taxi, Inc., 508 East Main Street, Salem, appeared before the Council and stated that rate cards are displayed in the cab, as well as a telephone number to call if you are dissatisfied with the service; he further stated that Roanoke City also requires a separate license, which is carried in the cab; he stated that Salem Taxi now has two vehicles in operation, and a third vehicle is in the process of being painted, etc.; and WHEREAS, Councilwoman Garst stated that in (f)(4) the word fuel needed to be added to clarify what surcharge may be added; ON MOTION MADE BY COUNCILWOMAN GARST, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, an ordinance to amend Chapter 98, Division 4, Section 98-151 of The Code of the City of Salem, Virginia, pertaining to taxicab rates was hereby approved with the word fuel being added in front of surcharge in Section 98-151 (f)(4) – the roll call vote: all – aye. Mayor Foley requested that Council consider adopting Resolution 113 3 supporting rail alternatives to complement planned improvements to Interstate 81; and WHEREAS, the Clerk of Council stated that the resolution supports a steel interstate initiative, which was brought to the City from a group called Rail Solutions; he stated the group supports the enhancement of railroad infrastructure for in particular freight travel, as well as some passenger travel expansion; the reason for the initiative is that rail can move goods and people more efficiently than motor vehicles and the initiative would create a steel interstate that would parallel the I-81 corridor and allow the movement of freight up and down the east coast; he further stated that transporting freight by train cuts down fuel costs, there are less pollutants in the air, and makes sense as far as moving things into the 21st century; the resolution is an adapted resolution from the resolution originally received; he stated that the resolution is very similar to the resolution the Roanoke Valley Alleghany Regional Commission adopted in support of the steel interstate; he further stated that the resolution not only supports the steel interstate, but also supports the expansion of I-81 as ITEM 6 RESOLUTION 1133 ADOPTED SUPPORTING RAIL ALTERNATIVES TO COMPLEMENT PLANNED IMPROVEMENTS TO I-81 8 far as widening and any other safety improvements that need to be made for it; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, Resolution 1133 supporting rail alternatives to complement planned improvements to Interstate 81 was hereby adopted: (HERE SET OUT RESOLUTION 1133) – the roll call vote: all – aye. Mayor Foley requested that Council consider adopting Resolution 1134 closing Main Street on September 12, 2009, for Olde Salem Days festivities; and WHEREAS, Mayor Foley questioned if the Salem Jaycees will be in charge of Olde Salem Days this year; and WHEREAS, the Clerk of Council stated that the Jaycees will be the official sponsor this year, but the Rotary Club of Salem (who will be taking over the event in the future) will be “shadowing” the Jaycees on this event and hopefully, there will be a nice, clean transfer; and WHEREAS, a discussion was held regarding how the spaces for the vendors were marked on the pavement; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, Resolution 1134 closing Main Street on September 12, 2009, for Olde Salem Days festivities was hereby adopted: (HERE SET OUT RESOLUTION 1134) – the roll call vote: all – aye. Mayor Foley requested that Council consider adopting Resolution 1135 setting the allocation percentage for personal property tax relief for the 2009 tax year; and WHEREAS, the Director of Finance stated that each year the City receives $2,588,000 from the Commonwealth of Virginia as a grant for what was called ITEM 7 RESOLUTION 1134 ADOPTED CLOSING MAIN STREET ON SEPTEMBER 12, 2009, FOR OLDE SALEM DAYS ITEM 8 RESOLUTION 1135 SETTING THE ALLOCATION PERCENTAGE FOR PERSONAL PROPERTY TAX RELIEF FOR THE 2009 TAX YEAR 9 during Gilmore times as PPTR, which is Personal Property Tax Relief, that guaranteed that the state was picking up 70 percent of the cost of residential personal property; he further stated that the state placed a cap on the amount a locality would receive ($2,588,000); therefore, as assessments change a locality is required each year to do a computation that shows how far the $2,588,000 will go against the personal property in the locality; in the beginning, the amount was 70 percent, last year it was 61.44 percent, and this year it will be 61.36 percent; he further stated that the city uses the same method that Roanoke City and Roanoke County use in the computation; he stated that it is a rolling five year average essentially; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, Resolution 1135 setting the allocation percentage for personal property tax relief for the 2009 tax year: (HERE SET OUT RESOLUTION 1135) – the roll call vote: all – aye. Mayor Foley requested that Council consider adopting Resolution 1136 providing for the implementation of policies and procedures regarding Red Flag Guidelines; and WHEREAS, the Director of Finance stated that this is a unique item that concerns identity theft and how individuals can obtain personal information ; he stated that the Fair and Accurate Credit Transaction Act was passed in 2003, and last year the Federal Trade Commission extended the definitions on who the act applies to; the act originally was intended to apply to the big banks, credit card companies, etc. but the FTC extended the Act to include anyone who extends credit to anyone else; this applies to the City of Salem because it issues utility bills in the rears so to speak (after people have used the electricity); therefore, the city extends credit to all its citizens; in the process, certain data is collected by the city on its residents; the guidelines state how personal information can be used; he stated that the guidelines become effective May 1, 2009, and a policy detailing what kind of information can be collected and how the information can be used, how the information is restricted, etc. was included in Council’s packet; he credited Angela Sellers for providing the research and the work done to get this policy implemented; he stated that the plan needs to be approved and available by May 1, 2009; and ITEM 9 RESOLUTION 1136 ADOPTED PROVIDING FOR THE IMPLEMENTATION OF POLICIES AND PROCEDURES REGARDING RED FLAG GUIDELINES 10 WHEREAS, a discussion was held regarding the state’s involvement with the guidelines, etc.; and WHEREAS, Councilwoman Garst questioned if an authorized access form on accounts would be offered, i.e. an elderly person could have a child also on the account; and WHEREAS, the Director of Finance stated that it would be offered; and ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, Resolution 1136 providing for the implementation of policies and procedures regarding Red Flag Guidelines: (HERE SET OUT RESOLUTION 1136) – the roll call vote: all – aye. Mayor Foley requested that Council consider nominations for various Virginia Municipal League (VML) Policy Committees for 2009; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, the following nominations are hereby made to the 2009 Virginia Municipal League Policy Committees: Community & Economic Development – Byron Randolph Foley Environmental Quality – Lisa D. Garst & James M. Fender, Jr. Finance – Frank P. Turk General Laws – James E. Taliaferro, II Human Development & Education – William D. Jones Transportation – John C. Givens & Kevin S. Boggess – the roll call vote: all – aye. Mayor Foley requested that Council consider appointments to fill various boards and commissions; ON MOTION MADE BY COUNCILWOMAN GARST, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, McMillian H. Johnson, IV, was hereby reappointed to the Roanoke Valley Greenway Commission for a three-year term, said term will expire April 19, 2012 – the roll call vote: all – aye. ITEM 10 2009 VML POLICY NOMINATIONS ITEM 11 MCMILLIAN H. JOHNSON, IV, REAPPOINTED TO ROANOKE VALLEY GREENWAY COMMISSION 11 Mayor Foley requested that Council consider the request from the Kiwanis Club for a donation ($1,146.19) equal to the amount of admissions tax paid in connection with the Valley Shootout event held January 31, 2009 ; ON MOTION MADE BY VICE COUNCILWOMAN JOHNSON, SECONDED BY VICE MAYOR GIVENS, AND DULY CARRIED, a donation to the Kiwanis Club was hereby approved in the amount of $1,146.19 equal to the amount of admissions tax paid in connection with the Valley Shootout event held January 31, 2009 – the roll call vote: all – aye. Mayor Foley requested that Council receive a presentation of the 2009- 10 Salem City Budget and consider May 11, 12, and 13, 2009, for budget work sessions; and WHEREAS, the City Manager stated that Council has received from the Finance Director the proposed budget for 2009-2010; he stated that the budget totals $143,810,533 with $89,883,913 in the general fund and $53,926,620 in the enterprise fund; he stated that the budget represents a decrease of 2.1 percent of the general fund, and a decrease of 2.9 percent in the enterprise fund from the amended 2008-09 budget; he stated that the reduction in the general fund is a result of the recession and the economy (lower revenues); therefore, lower operating expenses are forecast as well as considerably less capital expenditure is budgeted for 2009-10 compared to what the city has been accustomed to spending; the enterprise fund, which includes electric, water, sewer, and the civic center and catering operation, there is an increase of 7.9 percent from the amended budget; he stated that the increase is a reflection of the additional revenue from a bond issue for sewer work required by the Department of Environmental Quality Consent Order, as well as increased electric rates effective July 1, 2009, from Appalachian Power; he further stated that all property tax rates will remain unchanged in the budget (real estate at $1.18 per $100 of assessed value, and personal property and machinery and tools at $3.20 $100 of assessed value); he stated that utility rates will change in the 2009-10 budget year; electric rates will go up effective July 1, 2009, but the rates will be restructured so that the cost power factor will be zeroed back out in the base rate change; he stated that city staff is currently working to restructure water and sewer rates, which should be in place by the end of the summer or early fall; he further stated that the new rates will encourage conservation as opposed to the current rate structure, which rewards customers for more water used; he stated that there will be a public information campaign in order for customers to understand what is happening and why it is happening; he stated that getting caught up with the water and sewer infrastructure needs in the city has been ITEM S1 DONATION APPROVED FOR $1,146.19 TO KIWANIS CLUB, EQUAL TO AMOUNT OF ADMISSIONS TAX PAID IN CONNECTION WITH THE VALLEY SHOOTOUT EVENT HELD JANUARY 31, 2009 ITEM S2 PRESENTATION OF 2009-10 BUDGET, SET MAY 11, 12, & 13, 2009, FOR BUDGET WORK SESSIONS 12 and will continue to be a priority, and the new rate structure will al low that to continue; he stated that effective July 1, 2009, salaries and positions of personnel will be frozen and will continue throughout the 2009 -10 fiscal year; there will be no merit or cost of living increase for employees and current vacant positions will not be filled in the upcoming fiscal year, and positions that become vacant over the next fiscal year will also not be filled unless deemed critical to the operation of the city; currently police, fire/EMS, as well as certain customer service positions are deemed critical; he further stated that other positions may be filled, if deemed necessary, in departments where vacant position(s) affect the department negatively; he stated those positions will be evaluated carefully and will not be filled unless the positions are truly necessary; he stated that $753,000 is included in the budget for street resurfacing, which is consistent to what was done last year; education funding was not increased; the City is anticipating a 5 percent increase in health insurance rates based on the numbers so far; he stated that the final figures will not be received until around the middle of May and if the numbers are significantly different than expected, it could affect the budget; he further stated that the money for capital projects, as well as the contingency that is included in the proposed budget is significantly lower than what city staff would like to see ($387,000 for capital), and would like to work with Council to find a way to cut additional funds in order for more money to be directed toward capital improvements; and WHEREAS, Councilman Jones questioned if the City Manager had a list prioritizing the capital needs of the city; and WHEREAS, the City Manager stated that each department has submitted a list of capital needs in priority order; he stated that he, Mr. Taliaferro, Mr. Turk, and Mrs. Todd have worked to prioritize the entire list and the next three items on the list that are not funded in the proposed 2009 -10 budget have been identified; he stated that if the economy does turn around more quickly than expected, then more capital items can be taken care of; THEREUPON, budget presentation was received and May 11, 12, and 13, 2009, are hereby set for budget work sessions. 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 sell; ITEM S3 CLOSED SESSION 13 ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN GARST, 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 8:25 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 sell, 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 8:54 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 8:55 p.m.