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HomeMy WebLinkAbout12/8/2008 - City Council - Minutes - RegularUNAPPROVED MINUTES CITY COUNCIL WORK SESSION December 8, 2008 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 December 8, 2008, at 6:00 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; Mike Stevens, Communications Director; Wendel Ingram, Real Estate Assessor; and Darryl McCoy, Web Developer; 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, Council received a presentation from the Communications Department regarding various projects the Communications Department has been working on; and WHEREAS, Council received a presentation from Wendel Ingram, Real Estate Assessor, regarding upcoming real estate assessments; and WHEREAS, Council received a presentation from Bobby Sandel, Kay Strickland, and Jerry Pace regarding the upcoming Virginia Western Community College Access Program; and WHEREAS, a discussion was held regarding a Culinary Arts dinner to be held at Salem High School; and WHEREAS, a discussion was held regarding Virginians for a Healthy Future, smoke -free air in all public places resolution; and WHEREAS, a discussion was held regarding a calendar/scheduling for Council; 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 7:25 p.m. Mayor Clerk of Council UNAPPROVED MINUTES COUNCIL MEETING December 8, 2008 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 December 8, 2008, at 7:35 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; 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: It was noted that Officers Joseph Blackwell, Michael Warren, Benjamin Adams, and Greg Austin were also present at this meeting of Council as part of their field training. The minutes of the regular meeting of November 10, 2008, were approved as written. The report by the City Manager of the City’s activities for the month of October 2008 was received and ordered filed. The report by the Director of Finance of the City’s financial status for a four-month period ending October 31, 2008, was received and ordered filed. Mayor Foley requested that Council receive a report from the City Manager regarding cost-savings initiatives; and WHEREAS, the City Manager appeared before the Council to discuss the City’s effort to address the budget shortfalls that are expected during the current fiscal year and possibly into the next fiscal year; he stated that the City of Salem currently has both a hiring freeze and a capital expenditure freeze in place; he stated that the hiring freeze is for administrative and non-critical positions; public safety, customer service positions, and positions pertaining to enterprise fund work (i.e. water and sewer department) where there are critical needs and a service needs to be provided to citizens, will be filled if there is an opening; he further stated that those positions the City can do without, at least for some period of time, will not be filled until there is a better handle on revenues for this year; he added this plan of action might continue into the next fiscal year; the City Manager went on to state that the majority of the City’s revenue comes in ITEM S1 REPORT FROM CITY MANAGER REGARDING COST- SAVINGS INITIATIVES 2 during the last half of the year (real estate taxes in December, business licenses and state taxes in April/May, personal property taxes at the end of May, and real estate taxes again in June); therefore, it will be May or June before it is determined what impact the economy will have on the City; he stated that jobs will be held through attrition—no one will be laid off; the City Manager stated that capital items, large expenditure items, will be delayed except in critical situations where a piece of equipment is needed or an expenditure is needed to preserve public health, safety, and welfare; he further stated that capital items that are not critical items will not be purchased at all or will be delayed until the budget; further the five-year capital improvement plan will be looked at to determine if the purchase can be shifted back further in order to try to get more “life” out of the current equipment; the City Manager stated that as discussed in the work session before the meeting, contract services, as well as out-sourcing of services, will be reduced; he stated that work that can be done “in -house” will be done “in-house” instead of getting an outside agency to perform the work; the City Manager stated that performance contracting is being looked into, mainly concerning the Civic Center, regarding energy performance contracting where a third-party vendor (i.e. Seimens, Trane, Honeywell) will come in and look at an operation to look for opportunities where energy can be saved and the savings from that energy can be reinvested into the facility to update old HVAC systems, water systems, toilets, etc.; it’s an audit of an operation that looks for opportunities to save energy and then applies the money saved in energy towards paying a debt service to replace and update a more efficient air handling unit; he stated that the City is in the process of having different vendors look at the process; he stated that the City is close to receiving recommendations from vendors; the City Manager further stated that the Assistant City Manager has done some research looking at alternative work schedules, lengthening work days, reducing the work week to four ten-hour days; he stated no recommendations for consideration at this point, but he wanted to let Council know that there are other things being looked at to see if it makes sense as ways to reduce costs, not just in the short-term, but long-term as well; he stated that as part of the staff retreat held in October, departments were asked to come up with processes within the department that could be eliminated within the next 12 months; he stated that the departments came up with some interesting ideas; one of the ideas from the Fire/EMS Department was to look at the number of emergency vehicles responding to certain types of calls and whether or not it is necessary for a fire engine to follow an EMS vehicle on a call; he stated that it is necessary on certain calls, but not on every call; he stated that dispatchers would be asked to determine how much equipment needs to respond to a call; he further stated that the decision needs to be approved by the emergency services departments; he stated that there are opportunities there for the City to reduce the wear and tear on vehicles, reduce the amount of 3 fuel, but still be able to provide the first class services Salem is expected to provide to its citizens; the City Manager stated these are examples of things the City is doing, different endeavors the City staff has endorsed and feel is important for the City to do in order to try to adapt to the current state of the economy; he stated that we are hopeful and believe that the economy will come back as it always does; the adjustments that are being made should result in long-term benefits; and WHEREAS, Councilman Jones thanked the staff for its efforts in explaining cost-saving measures and finding ways to make this city even better than it already is; THEREUPON, said presentation was received. Mayor Foley requested that Council receive a presentation from Virginia Amateur Sports, Inc., thanking the City of Salem for its support of the 2008 Coventry Commonwealth Games of Virginia; and WHEREAS, Peter Lampman, President of Virginia Amateur Sports, Inc., appeared before the Council to thank Council and the City of Salem for its on - going support of Virginia Amateur Sports and the Coventry Commonwealth Games of Virginia; he stated that the 19th Anniversary of the games has officially ended and has been declared another gold medal event; he stated that the games were a gold medal event due to the support and efforts of many; he stated that the City of Salem once again took an instrumental and major role in the success of the games; he stated that with out the financial support of the City of Salem and the immeasurable support of the City’s Parks and Recreation Department, the Coventry Commonwealth Games of Virginia could not be held; he further stated that city staff does an outstanding job in supportin g the events throughout the city by having the facilities ready to go in planning for the largest amateur sporting event held in Virginia each year; Mr. Lampman provided Council with a copy of a brief economic report for this year’s games; he stated that the games bring athletes and their families from across the Commonwealth to the area to play on the quality fields and in the facilities; he further stated that this year’s economic impact is over $3.5 million and nearly 9,000 athletes participated in the games with 74 percent of the athletes coming from outside the Roanoke Valley; he stated that over the past 19 years, over 161,000 athletes have participated in this event; Mr. Lampman again thanked Salem for its support; he stated that the City’s investment has a huge return and Virginia Amateur Sports plans to continue its tradition of excellence with the 20 th Anniversary of the Coventry Commonwealth Games of Virginia to be held July ITEM 1 PRESENTATION FROM VIRGINIA AMATEUR SPORTS INC. THANKING THE CITY OF SALEM FOR ITS SUPPORT OF THE 2008 COVENTRY COMMON- WEALTH GAMES OF VIRGINIA. 4 17-19, 2009, with opening ceremonies on July 17; Mr. Lampman presented Council with a plaque to commemorate the 19 th Annual Coventry Commonwealth Games of Virginia; THEREUPON, said presentation was received. Mayor Foley requested that Council receive a presentation from Jim Fender, Director of Solid Waste, Tom Jordan, Store Manager, and Chris Forbes, Co-Manager of Wal-Mart, concerning the Recycling Drop-off Location Agreement with the City of Salem; and WHEREAS, Jim Fender, Director of Solid Waste, appeared before the Council and stated that in the fall he received a call fr om Chris Forbes, co- manager of Walmart in Salem, stating that he would like to discuss some of the in-house programs Walmart has regarding recycling; he stated that during the conversation, Mr. Forbes expressed a desire to assist the City of Salem in its recycling program; Mr. Fender stated that since the drop-off center was started in the city, one of the weaknesses is that the City did not have a convenient site to serve the citizens in the west Salem area; and WHEREAS, Chris Forbes, Co-Manager of Walmart in Salem, appeared before the Council and stated that the project got started a few months ago; he stated that there are over 60,000 transactions a week at Walmart, and Walmart has over 360 associates; he further stated that this project evolved from associate feedback as they looked at ways Walmart could improve its impact on the community; he stated that Walmart as a company has challenged each of its stores throughout the Country to make an impact on environmental sustainability programs locally; he stated that with the number of transactions that take place each week at Walmart, along with its associates who are already excited about this project, he believes that the recycling drop-off program will be a win-win situation for everyone; he stated that he is looking forward to working together on this project, as well as any other environmental sustainability projects in the future; and WHEREAS, Vice Mayor Givens questioned what type of items will be available to be recycled at the drop-off site; and WHEREAS, Mr. Fender stated that it will be the same as the drop off site on Indiana Street; there will be three bins, and as the recycling program expands, Walmart has allowed the room to add a fourth bin in the future; and ITEM 2 PRESENTATION FROM JIM FENDER, DIRECTOR OF SOLID WASTE, TOM JORDAN, STORE MANAGER, AND CHRIS FORBES, CO- MANAGER OF WALMART, CONCERNING THE RECYCLING DROP- OFF LOCATION AGREEMENT WITH THE CITY OF SALEM 5 WHEREAS, Mayor Foley stated that the City will provide the signs and the bins for the drop-off site; and WHEREAS, Mr. Fender stated that the City will take care of the upkeep of the site and provide the bins; he stated that finding a location has been the biggest drawback on the City’s endeavor to provide a recycling drop-off site to the residents in the western part of Salem; and WHEREAS, Vice Mayor Givens questions what items will be recycled in the bins; and WHEREAS, Mr. Fender stated that newspaper, aluminum cans, bimetal and steel cans, and Number 1 and 2 plastics; he stated that no glass will be accepted at this time; and WHEREAS, Councilwoman Garst stated that Walmart bundles its own cardboard and returns it; she questioned if there would be an opportunity for additional public/private cardboard recycling with Walmart; and WHEREAS, Mr. Fender stated that Walmart does a lot of in-house recycling; and WHEREAS, Mr. Forbes stated that this past year Walmart started a program where all the wrap put on pallets when products are stacked and other plastic items get bundled together and get put into what we call a “super sandwich bail” where it is two-thirds cardboard with plastic in the middle and a different company picks it up from the store every other week; he further stated that the main thing is to get the word out to everyone that when they come to do their shopping at Walmart, they can drop off their recyclables; and WHEREAS, Council thanked Walmart for its support and stated that this is a first step in proving how a public/private partnership can benefit the community; THEREUPON, said presentation was received. Mayor Foley requested that Council consider an ordinance with emergency provisions, amending Chapter 82, Article I, Section 82 -7 of the Code of the City of Salem, Virginia, pertaining to a service charge on certain dwellings for police and fire protection and for collection and disposal of refuse; and ITEM 3 ORDINANCE ADOPTED WITH EMERGENCY PROVISIONS AMENDING CHAPTER 82, ARTICLE I, SECTION 82-7 OF THE CODE OF THE CITY OF SALEM, VRGINIA, PERTAINING TO SERVICE CHARGE ON CERTAIN DWELLINGS FOR POLICE AND FIRE PROTECTION AND FOR COLLECTION AND DISPOSAL OF REFUSE 6 WHEREAS, the City Attorney stated that the amendment to this ordinance in no way makes any substantial changes to the ordinance whatsoever, it merely incorporates newly enacted state code provisions as part of the City’s ordinance; otherwise everything else remains the same; and WHEREAS, Mayor Foley stated that because the ordinance is being adopted with emergency provisions, this will be the only reading before Council; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, an ordinance amending Chapter 82, Article I, Section 82-7 of the Code of the City of Salem, Virginia, pertaining to a service charge on certain dwellings for police and fire protection and for collection and disposal of refuse was hereby adopted with emergency provisions: (HERE SET OUT ORDINANCE) -- the roll call vote: all – aye. Mayor Foley reported that this date and time had been set to hold a public hearing to receive views of citizens and candidates regarding the appointment to fill the expiring term for David H. Preston on the Salem School Board; and WHEREAS, notice of such public hearing had been published in the November 26 and December 3, 2008, issues of The Roanoke Times, a newspaper having general circulation in the City of Salem; and WHEREAS, David H. Preston, 1511 Ashley Drive, appeared before the Council and stated that since he was appointed to the Salem School Board earlier this year, he has been diligent in learning as much as he can about the school system; he stated that he has met with Dr. Seibert several times to go over various things he needs to know about; he has visited all the school s with Dr. Seibert and Sally Southard; he stated that he has attended all School Board meetings and work sessions; he has attended two conferences, one for new school board members and the yearly School Board Conference as well; he stated that he spent a day at the Central Office meeting with each director to learn about their duties and responsibilities; he stated that he spent a day last week at East Salem Elementary School, and he also serves on a facility committee; he stated that he has enjoyed learning ho w the school system operates and meeting the staff; he stated that going to East Salem Elementary ITEM 4 PUBLIC HEARING HELD TO RECEIVE VIEWS OF CITIZENS AND CANDIDATES REGARDING THE APPOINTMENT TO FILL THE EXPIRING TERM OF DAVID H. PRESTON ON THE CITY OF SALEM SCHOOL BOARD 7 School last week and observing was one of the most rewarding and beneficial things he has done since becoming a member of the Salem School Board; he stated that he wants to continue to put children first and wants to continue to serve on the Salem School Board; he stated that he has enjoyed every minute he has served so far and that it is an awesome responsibility that he takes pride in doing; and WHEREAS, no other person(s) appeared before Council; and WHEREAS, Council thanked Mr. Preston for his service to the School Board; and WHEREAS, it was noted that an appointment to the School Board will not be made at this meeting; an appointment must be done at least seven (7) days after the public hearing. Mayor Foley reported that this date and time had been set to hold a public hearing to consider designating the real property of the Adult Care Center of Roanoke Valley, Inc., located at 2321 Roanoke Boulevard (Tax Map #225-2-6) as exempt from taxation, as used for charitable and benevolent purposes, in accordance with Section 58.1-3651 of the Code of Virginia; said notice was advertised in the December 3, 2008, issue of The Roanoke Times, a newspaper having general circulation in the City of Salem; and WHEREAS, Doug Rosier, 3460 Londonderry Court, Roanoke, Vice President of the Board of Directors for the Adult Care Center of Roanoke Valley, Inc., appeared before the Council and stated that the Adult Care Center of Roanoke Valley, Inc., is a 501c3 designated operation and has been in operation since 1983; he stated that the Adult Care Center provides care for elderly people during the day, similar to a day care center; he further stated that the Adult Care Center had two facilities, one in Roanoke City and a rented site at the VA Medical Center; he stated that the Center is building a new center to combine the two facilities in order to save money; he stated that even though the Center had tax exempt status in Roanoke City, it needs to go through the process to become tax exempt in Salem as well; he stated that he is available to answer any questions Council may have in regard to the request; and WHEREAS, the City Manager stated that on November 6, 2008, the City received a request from the Adult Care Center of the Roanoke Valley, Inc., requesting that Council adopt an ordinance to allow the Center to be considered tax exempt; he stated that according to the Virginia Code, Council is authorized ITEM 5 ORDINANCE PASSED ON FIRST READING DESIGNATING THE REAL PROPERTY OF THE ADULT CARE CENTER OF ROANOKE VALLEY, INC., LOCATED AT 2321 ROANOKE BOULEVARD (TAX MAP #225-2-6) AS EXEMPT FROM TAXATION, AS USED FOR CHARITABLE AND BENEVOLENT PURPOSES, IN ACCORDANCE WITH SECTION 58.1-3651 OF THE CODE OF VIRGINIA 8 to exempt property from taxation as long as certain conditions are met; the first condition is whether the organization is exempt from taxation pursuant to 501c of the Internal Revenue Code, 1954, and the Adult Care Center is tax exempt under that code and has provided that information to the City; whether a current annual alcoholic beverage license has been issued in order to serve alcohol from the VA ABC Board, and that is not the case in this instance; whether any director, officer, or employee of the organization is paid co mpensation in excess of a reasonable allowance for the salaries or other compensation for personnel services which the director, officer, or employee actually renders— that information has been provided, the directors are unpaid and the employees are paid well within what would be reasonable for the duties they perform; whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state, or federal grants; as used in the subsection, donations shall include the providing of personal services or the contribution of in-kind or other material services; the Adult Care Center provided documentation showing that it conforms with the question; whether the organization provides services for the common good of the public, which is obvious and apparent with the Adult Care Center; whether a substantial part of the activities of the org anization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in any political campaign on behalf of any candidate for public office; the Adult Care Center does not participate in any of those things; the revenue impact to the locality and its taxpayers of exempting the property—the estimated value of the property at this time, real estate taxes would be approximately $10,528 per year, as the building currently stands; the building is currently under construction and once the building is completed, furnished and occupied, the figure would go up slightly; and the last condition or question is any other criteria, facts, and circumstances that the governing body deems pert inent to the adoption of such an ordinance; those are the conditions/questions the state code requires Council consider before acting on an ordinance to allow an organization to become tax exempt; he further stated that in the state code and in the city code, the provision allows the City to charge, in the instances where a tax exemption is granted, up to a 20 percent service charge for those basic services (i.e. police, fire, trash collection, etc.); he stated that staff recommends evaluating the service charge in consideration of adopting an ordinance that would grant an organization tax exempt status; and WHEREAS, the City Attorney stated that the Adult Care Center of Roanoke Valley, Inc., is a United Way agency and receives donations not only from Salem City Council, but most other jurisdictions; he stated that the property 9 in Roanoke City was deemed to be tax exempt in the 1980s by the City of Roanoke; and WHEREAS, Mr. Rosier also requested that Council waive the 20 percent service charge also; and WHEREAS, Mayor Foley stated that this request only pertains to real estate property; and WHEREAS, Mr. Rosier stated that the request is only for the building and the land; and WHEREAS, Mayor Foley stated that if the Adult Care Center of Roanoke Valley, Inc., wanted to be exempt from personal property taxes, the request would have to come back before Council to be considered; and WHEREAS, Mr. Rosier stated that he understood; and WHEREAS, Vice Mayor Givens stated that a service charge should be charged to the Adult Care Center of Roanoke Valley, Inc., the same as the other tax exempt agencies in Salem are charged; and WHEREAS, the City Manager stated that there are approximately 13 not for profit organizations/operations that are charged the 20 percent fee within the City; and WHEREAS, no other person(s) appeared related to said request; ON MOTION MADE BY COUNCILWOMAN GARST, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, an ordinance entitled, “AN ORDINANCE GRANTING EXEMPTION FROM REAL PROPERTY TAXATION PURSUANT TO CODE OF VIRGINIA SECTION 58.1-3651 TO THE ADULT CARE CENTER OF ROANOKE VALLEY, INC., A VIRGINIA NON-PROFIT CORPORATION,” was hereby passed on first reading -- the roll call vote: all – aye. Mayor Foley requested that Council receive a presentation regarding the Comprehensive Financial Report for fiscal year ending June 30, 2008; and WHEREAS, the Director of Finance appeared before the Council and stated that Chris Banta with Brown Edwards and Company was also present at the meeting; he stated that Council has a copy of the Annual Comprehensive ITEM 6 COMPREHENSIVE FINANCIAL REPORT RECEIVED FOR FISCAL YEAR ENDING JUNE 30, 2008 10 Financial Report, which the City is required by Charter to have its financial records audited; he further stated that the Annual Comprehensive Financial Report for the Salem School Board has also been completed and will be presented at the next meeting of the School Board; he stated that the Auditor of Public Accounts for the Commonwealth of Virginia requires that the report be presented at an open, public meeting and that the auditor be present to ren der any comments to be addressed; he stated that included in the financial report is a letter of transmittal that comes from the City Manager and the Director of Finance transmitting the report to Council in accordance with the City Charter; he encouraged Council to read the report; he stated that in the financial section of the report there is an item entitled management discussion and analysis, which takes a look at the financial picture of the City for the 2007/08 fiscal year; he further stated that members of the Audit Finance Committee will meet with the auditor again in January because part of the responsibility of the audit is to present a management letter to the City about findings and things that may need to be looked at; the Finance Director directed Council to some key points in the Comprehensive Financial Report; and WHEREAS, Chris Banta Senior Associate with Brown Edwards and Company appeared before the Council and stated that he and three other associates worked with the Finance Department approximately four to five weeks during the audit; he stated that Salem received an unqualified opinion, which is the highest level of insurance an auditor can give to an audited entity; he commended the Director of Finance and his staff for their hard work d uring the audit; he stated that the Comprehensive Financial Report was actually prepared by the Finance Department staff; he further stated that Brown Edwards audits approximately 30 local governments and only four to five of them actually prepare the report, which shows the high level of competence in the Finance Department; he further stated that other financial documents will be gone over with the Audit Finance Committee at a later date; Mr. Banta stated that what Council needs to take away from this rep ort is that Salem has a “clean” opinion, an unqualified opinion after being audited; he stated that he was available to answer any questions from Council; THEREUPON, said report was received. Mayor Foley requested that Council consider adoption of Resolution 1130 regarding Council’s concerns of specific items that may come before the 2009 session of the Virginia General Assembly; and ITEM 7 RESOLUTION 1130 ADOPTED REGARDING COUNCIL’S CONCERNS OF SPECIFIC ITEMS THAT MAY COME BEFORE THE 2009 SESSION OF THE VIRGINIA GENERAL ASSEMBLY 11 WHEREAS, Councilwoman Garst questioned the issue of House Bill 599 in the resolution; and WHEREAS, the Director of Finance stated that many years ago when annexation was prevalent in the Roanoke Valley and throughout the Commonwealth, a deal was struck in the General Assembly that would exempt certain counties from being annexed and in exchange, the Commonwealth promised under a formula that it would provide money to the localities for law enforcement and things of that nature which was called HB599 money; he stated that each year the City receives approximately $700,000 from the state to be used for law enforcement; he further stated that even though the Commonwealth passed the law, it was not fully funded and under the leadership of a former mayor the City actually submitted a bill to the state for monies not received from the law; he stated that it is unlikely that the City will ever receive that money from the state; ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY VICE MAYOR GIVENS, AND DULY CARRIED, Resolution 1130 was hereby adopted regarding Council’s concerns related to specific items that may come before the 2009 session of the Virginia General Assembly: (HERE SET OUT RESOLUTION 1130) -- the roll call vote: all – aye. Mayor Foley requested that Council consider an ordinance on first reading revising the Intergovernmental Agreement establishing the Roanoke Valley Greenway Commission between the City of Roanoke, the County of Roanoke, the Town of Vinton, and the City of Salem; and WHEREAS, the Director of Planning and Economic Development appeared before the Council and stated that for several months she has served as a representative for the City of Salem working with the Greenway Commission; she stated that the localities involved have come up with an agreement , the city attorney has reviewed the agreement, and would like for Council to approve the amended agreement; and WHEREAS, the City Attorney stated that some language has been refined in the agreement, and a few other changes were made relating to non-voting members that are more realistic now than in the past; he stated that the basic agreement has not been changed; ITEM 8 ORDINANCE PASSED REVISING THE INTER- GOVERNMENTAL AGREEMENT ESTABLISHING THE ROANOKE VALLEY GREENWAY COMMISSION 12 ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, an ordinance entitled, “AN ORDINANCE APPROVING THE REVISION TO THE INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE ROANOKE VALLEY GREENWAY COMMISSION BETWEEN THE CITY OF ROANOKE, CITY OF SALEM, COUNTY OF ROANOKE, AND TOWN OF VINTON,” was hereby passed on first reading -- the roll call vote: all – aye. Mayor Foley requested that Council consider adopting Resolution 1131 authorizing the issuance of up to $8 million in long term finance for sewer improvements; and WHEREAS, Vice Mayor Givens, Chairman of Council’s Audit Finance Committee, reported that the City has entered into a consent order with DEQ to repair, replace and/or improve lines throughout the City; DEQ has approved the work list of Phase II, and has offered to loan the City up to $8 million to begin the process; these monies will be provided to the City on a tax-exempt, reimbursement basis and once completed will be repaid over 20 years; the Committee has reviewed Resolution 1131, which meets the IRS requirement for tax exempt filing financing and to allow the City to recoup out-of-pocket expenses it may advance such as engineering costs, right-of-way fees, and bond sale costs; the Committee recommends approval of Resolution 1131 to allow tax exempt financing and allow the City to recoup out-of-pocket expenses; and WHEREAS, Councilman Jones questioned the time frame for completion of the projects; and WHEREAS, the Director of Finance stated that construction on some of the projects probably will not begin until the next fiscal year; he further stated that the construction period will last two to three years; and WHEREAS, Melvin Doughty, Director of Water and Sewer, appeared before the Council and stated that the construction will continue through June 2012; he stated that further investigative work is still being done that is reimbursable under the $9 million loan money mentioned in Resolution 1131; he further stated that as time goes on, another part of the project will go on and additional monies will need to be spent; he stated that this is part of a 15 -year corrective action plan that has been approved by DEQ; he further stated that part of the funding requirements is that the City borrows the money to complete the project; he stated that it is how DEQ measures the City’s progress of the project; ITEM 9 RESOLUTION 1131 ADOPTED AUTHORIZING ISSUANCE OF UP TO $8 MILLION IN LONG TERM FINANCE FOR SEWER IMPROVEMENTS 13 ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON AND DULY CARRIED, Resolution 1131 was hereby adopted authorizing the issuance of up to $8 million in long term finance for sewer improvements: (HERE SET OUT RESOLUTION 1131) -- the roll call vote: all – aye. Mayor Foley requested that Council consider setting bond for erosion and sediment control for the Blue and Gold Offices Project at the intersection of Orchard and Apperson Drives; 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 Blue and Gold Offices project and recommend setting bond at $37,865 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 bond for erosion and sediment control for the Blue and Gold Offices project was hereby set for $37,865 with a time limit of twelve (12) months for completion – the roll call vote: all – aye. Mayor Foley requested that Council consider request for donation to the Salem Band Boosters in the amount of $2,876, equal to the admissions tax paid in connection with the Drum Corps International Summer Music Games held July 29, 2008; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, donation to the Salem Band Boosters in the amount of $2,876, equal to the amount of admissions tax paid in connection with the Drum Corps International Summer Music Games held July 29, 2008, was hereby approved – the roll call vote: all – aye. Mayor Foley requested that Council consider adoption of the 2009 meeting schedule of the Salem City Council and the Salem Planning Commission; ITEM 10 BOND AND TIME LIMIT SET FOR BLUE AND GOLD OFFICES PROJECT ITEM 11 DONATION APPROVED FOR SALEM BAND BOOSTERS EQUAL TO THE AMOUNT OF ADMISSIONS TAX PAID IN CONNECTION WITH THE DRUM CORPS INTERNATIONAL SUMMER MUSIC GAMES HELD JULY 29, 2008 ITEM 12 2009 MEETING SCHEDULE ADOPTED 14 ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY VICE MAYOR GIVENS, AND DULY CARRIED, the 2009 Meeting Schedule of Salem City Council and the Salem Planning Commission was hereby adopted – the roll call vote: all – aye. Mayor Foley requested that Council consider appointments to fill vacancies on various boards and commissions; ON MOTION MADE BY COUNCILWOMAN GARST, SECONDED BY VICE MAYOR GIVENS, AND DULY CARRIED, Jane W. Johnson, Byron R. Foley (alternate for Jane W. Johnson), James E. Taliaferro, II, Frank P. Turk (alternate for James E. Taliaferro, II), and Ric Atkins were hereby reappointed to the Western Virginia Regional Jail Authority for one-year terms, said terms expire December 31, 2009 – the roll call vote: all – aye. 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 Code of Virginia, 1950 as amended to date, to consider property the City may wish to sell; 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 8:34 p.m. for the purpose of discussing the following specific matters: 1. Consultation by legal counsel regarding specific legal matters 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 -- the roll call vote: all - aye. Upon reconvening at 8:48 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 ITEM 13 JANE W. JOHNSON, BYRON R. FOLEY (ALTERNATE), JAMES E. TALIAFERRO, II, FRANK P. TURK (ALTERNATE), AND RIC ATKINS REAPPOINTED TO WESTERN VIRGINIA REGIONAL JAIL AUTHORITY ITEM 14 CLOSED SESSION TO CONSIDER PROPERTY THE CITY MAY WISH TO SELL 15 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 8:48 p.m.