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HomeMy WebLinkAbout10/27/2008 - City Council - Minutes - RegularUNAPPROVED MINUTES COUNCIL MEETING October 27, 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 October 27, 2008, at 8:05 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: It was noted that the meeting began late due to all Council members attending Republican vice presidential candidate Sarah Palin’s visit to Southwestern Virginia at the Salem Football Stadium. Mayor Foley thanked the audience for being patient while Council attended the event at the Salem Football Stadium. Mayor Foley also commended and thanked the employees of the Salem Civic Center for once again doing an outstanding job with the Republican vice presidential candidate’s visit. He stated that the staff had less than a week to prepare for the event. Mayor Foley requested that Council receive a presentation by the Roanoke Valley Cool Cities Coalition and Roanoke College and other area students on energy conservation and efficiency; and WHEREAS, Mark McClain, 907 Greenbrier Court, thanked Council for appointing him to the Roanoke Valley Greenway Commission; he stated that the Roanoke Valley Cool Cities Coalition had the privilege of exhibiting and making a presentation at an event at Roanoke College called Party for a Purpose; he stated that it was a fun and educational event where students and other members of the Roanoke College community gathered together to learn about environmental issues and have some fun; he stated that it was a great event; he further stated that environmental awareness is not a new topic for Roanoke College students, who are the future leaders of the “green movement” in our country; Mr. McClain stated that at the Party for a Purpose a petition was done recognizing the work Council has done in respect to making Salem a Cool City; Mr. McClain introduced Leah Lupkin, a senior at Roanoke College who has been ITEM 1 PRESENTATION BY ROANOKE VALLEY COOL CITIES COALITION AND ROANOKE COLLEGE AND OTHER AREA STUDENTS ON ENERGY CONSERVATION AND EFFICIENCY 2 on the Board of Directors of the Roanoke Valley Cool Cities Coalition since it was incorporated last year; he stated that Ms. Lupkin is a former president of the Roanoke College environmental group called Earth Bound and has been involved in many environmental leadership projects around the country; and WHEREAS, Leah Lupkin, originally from Coral Springs, Florida, and now a Salem resident, appeared before the Council and introduced members of Earth Bound present at the meeting; she stated that Earth Bound was formed about 10 years ago; she presented Council with a petition with 71 signatures from various Roanoke College faculty, staff, students, and members of Earth Bound; Ms. Lupkin read the petition to Council; and WHEREAS, Mayor Foley stated that the City of Salem is constantly taking measures to conserve energy and thanked Roanoke College for its support to encourage energy conservation; and WHEREAS, Councilwoman Garst asked Ms. Lupkin to give a progress report since the event was held six weeks ago; and WHEREAS, Ms. Lupkin stated that the group attended the Virginia Power Shift Conference two weeks ago and represented Roanoke College and learned about what other young people are doing across the state; she further stated that Roanoke College created the Green Advisory Committee; she stated that Earth Bound made a goal to try to get the administration to reduce the carbon footprint of Roanoke College by 50 percent in 10 years, which would be a 10 percent reduction every two years; she further stated that an energy audit is the first step in attaining that goal; and WHEREAS, Vice Mayor Givens stated that he hoped that the students involved in the “green movement” would continue to actively pursue the goals established while at Roanoke College in the communities in which they live after they graduate from Roanoke College; THEREUPON presentation was received. 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 Tax Map #127-3-1 in the City of Salem located in the 1600 block of Longview Avenue; notice of such public hearing was published in the October 22, 2008, issue of The Roanoke Times; and ITEM 2 CITY OFFICIALS AUTHORIZED TO MARKET THE PROPERTY DESIGNATED AS TAX MAP #127-3-1 LOCATED IN THE 1600 BLOCK OF LONGVIEW AVENUE IN THE CITY OF SALEM 3 WHEREAS, the City Manager stated that this property is across the street from the City-owned property on Dixie Drive; and WHEREAS, the City Attorney stated that Council can move the administration to proceed with marketing the parcel and to return to Council with any proposals; and WHEREAS, no person(s) appeared related to the sale of the property; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, City officials are hereby authorized to market the property designated as Tax Map #127-3-1 located in the 1600 block of Longview Avenue in the City of Salem -- 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 rezoning the property of Marvin R. Clark, Whisman-Via Properties, LLC, and Joseph Alfred and Treva Via Mullins Estate, property owners, for rezoning two parcels located at 1705 and 1719 Electric Road (Tax Map #’s 258-3-9 and 258-3-17) and the rear portion of a parcel located at 1536 Cliffview Drive (Tax Map #258-3-8) from RSF Residential Single Family District to HBD Highway Business District Council; and WHEREAS, the Planning Commission continued the item until its November 12, 2008, meeting; ON MOTION MADE BY COUNCILWOMAN GARST, SECONDED BY VICE MAYOR GIVENS, AND DULY CARRIED, the public hearing to consider the request of Marvin R. Clark, Whisman-Via Properties LLC, and Joseph Alfred and Treva Via Mullins Estate, property owners, for rezoning two parcels located at 1705 and 1719 Electric Road (Tax Map #’s 258-3-9 and 258-3-17) and the rear portion of a parcel located at 1536 Cliffview Drive (Tax Map #258-3-8) from RSF Residential Single Family District to HBD Highway Business District was hereby continued -- the roll call vote: all – aye. Mayor Foley requested that Council consider the acquisition and demolition of property or properties for the Severe Repetitive Loss project; and WHEREAS, Vice Mayor Givens, Chairman of Council’s Audit-Finance Committee, stated that the Committee met to discuss the Severe Repetitive Loss (SRL) Program; he stated that properties that are in the flood plain and have had ITEM 3 CONTINUED TO A FUTURE MEETING OF COUNCIL ITEM 4 ACQUISITION, DEMOLITION, AND DISPOSAL OF PROPERTIES INCLUDED ON THE SRL LIST APPROVED 4 a history of flooding when the river gets high and have at least four NFIP claim payments over $5,000 each qualify for this program; he stated that several owners have elected to sell their property; the Committee recommends approval of the acquisition, demolition, and disposal of the following properties included on the SRL list: 410 Riverland Drive, 428 Riverland Drive, 437 Chamberlain Lane, 1008 East Riverside Drive, 503 Front Avenue, and 1233 West Riverside Drive; acquisition costs are not to exceed $912,628; the City’s match will be approximately ten (10) percent of this amount, the majority of which will be demolition, administration, in-kind and cash match costs; and WHEREAS, Councilwoman Garst stated that this is a voluntary program; and WHEREAS, the City Manager stated that it is voluntary up until the point when the property owner receives the appraisal and accept the offer; and WHEREAS, the City Engineer stated that before the property owner is “past the point of no return,” the process is thoroughly explained and staff members make sure citizens are fully aware and understand they are obligated once they sign; and WHEREAS, Councilman Jones questioned where the city’s contribution comes from; and WHEREAS, the Director of Finance stated that an account has been established and will be addressed in mid-year budget amendments; he stated that the money more than likely would come from the unappropriated funds; and WHEREAS, Mayor Foley questioned how many properties have been purchased under this program; and WHEREAS, the City Engineer stated that this is a new pilot program; he stated that three properties have been purchased under the Flood Mitigation Assistance (FMA) program; seven or eight properties have been purchased under the Hazard Mitigation Grant Program (HMGP); he stated that the SRL program is a pilot program FEMA started within the past year and Salem is one of two localities in Virginia FEMA approached to purchase particular houses on their list; he stated that he believed the other locality approached was going to purchase only one property, and Salem had approximately ten properties on the list; he further stated that FEMA officials participated in a community meeting with the owners of properties involved and six property owners chose to participate in 5 the program; and WHEREAS, Councilwoman Garst questioned if the total number of properties to be included from FEMA’s perspective was only ten properties; and WHEREAS, the City Engineer stated that the total list of repetitive loss properties included approximately 16 or 17 properties, 10 property owners responded, and six property owners came out to the public meeting; and WHEREAS, Vice Mayor Givens stated that the acquisition of the properties will provide property for the river walkway to be used as parking, etc.; and WHEREAS, the City Engineer stated that when property is acquired, one of the things FEMA requires is that an appendix be attached that states that the property is not to be built on again or to be used for any other purposes beyond open space or recreational space; he stated that the property can be used for parking and picnic tables can be placed on the property; he further stated that the properties are used as an amenity to the Roanoke River Greenway either as parking or an open area; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, the acquisition, demolition, and disposal of the following properties included on the SRL List: 410 Riverland Drive, 428 Riverland Drive, 437 Chamberlain Lane, 1008 East Riverside Drive, 503 Front Avenue, and 122 West Riverside Drive was hereby approved with acquisition costs not to exceed $912,628 and the City’s match will be approximately ten (10) percent of this amount -- the roll call vote: all – aye. Mayor Foley requested that Council consider appointments to fill vacancies on various boards and commissions and to consider the status of the Juvenile Court Service advisory Council; THEREUPON, no action was taken. Mayor Foley requested that Council consider eliminating the December 22, 2008, work session and meeting due to the Christmas Holiday; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, the December 22, 2008, work ITEM 5 NO ACTION TAKEN ITEM 6 DECEMBER 22, 2008, WORK SESSION AND MEETING CANCELLED DUE TO THE CHRISTMAS HOLIDAY 6 session and meeting was hereby cancelled due to the Christmas holiday -- 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 8:22 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 8:49 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. Mayor Foley stated that as a result of the closed session, action by Council is required; and WHEREAS, the City Attorney stated that it is his understanding that Council needs to enter a motion to enter into an optioned agreement with Fox Hall Properties, LLC, for the potential sale of the water treatment plant situated in Roanoke County; the option price would be $1,000 per month during the option period; if the option is exercised by Fox Hall, the actual sales price of the property would be $1 million, and further authorizes the City Manager to negotiate an appropriate option contract with Fox Hall Properties, LLC; ITEM 7 CLOSED SESSION TO CONSIDER PROPERTY THE CITY MAY WISH TO SELL OPTIONED AGREEMENT WITH FOX HALL PROPERTIES LLC FOR THE POTENTIAL SALE OF THE PROPERTY LOCATED AT 4127 WEST MAIN STREET IN ROANOKE COUNTY HEREBY APPROVED WITH CITY MANAGER AUTHORIZED TO NEGOTIATE CONTRACT 7 ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, an optioned agreement with Fox Hall Properties, LLC, for the potential sale of the water treatment plant located at 4127 West Main Street (Roanoke County Tax Map #054.04-01-10.00-0000) with an option price of $1,000 per month during the option period, and an actual sales price of $1 million if the option is exercised was hereby approved with the City Manager authorized to negotiate an appropriate option contract with Fox Hall Properties, LLC -- the roll call vote: all - aye. The minutes of the regular meeting of October 13, 2008, and the minutes of the work session held October 13, 2008, were approved as written. The report by the City Manager of the City’s activities for the month of September 2008 was received and ordered filed. The report by the Director of Finance of the City’s financial status for a three-month period ending September 30, 2008, was received and ordered filed. Councilwoman Garst noted that October is Adopt a Dog Month in the City of Salem. There being no further business to come before the Council, the same on motion adjourned at 8:52 p.m.