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HomeMy WebLinkAbout9/8/2008 - City Council - Minutes - RegularUNAPPROVED MINUTES CITY COUNCIL WORK SESSION September 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, at 6:30 p.m., on September 8, 2008, there being present all the members of said Council, to wit: Byron Randolph Foley, John C. Givens (arrived late), 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, the Assistant City Manager discussed upcoming events with the Roanoke College Neighborhood Relations Task Force; and WHEREAS, the City Manager stated that a joint work session will be held with the Planning Commission on Wednesday, September 10, at 12 noon at the Water Department; and WHEREAS, a discussion was held regarding various invitations Council has received; and WHEREAS, the City Manager gave an update on the Salem College Access Program; and WHEREAS, the Assistant City Manager gave a report on park rules; and a discussion was held regarding smoking in the stands and bleachers at youth sporting events; the Assistant City Manager will work with Parks and Recreation to develop a proposal for Council ; and WHEREAS, a discussion was held regarding procurement; and WHEREAS, there was 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 September 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 September 8, 2008, at 7:30 p.m., there being present all the members of said Council, to wit: Byron Randolph Foley, John C. Givens, Jane W. Johnson, William D. Jones, and Lisa D. Garst; with Byron Randolph Foley, Mayor, presiding; together with Kevin S. Boggess, City Manager; James E. Taliaferro, II, Assistant City Manager and Clerk of Council; Frank P. Turk, Director of Finance; Melinda J. Payne, Director of Planning and Economic Development; Charles E. Van Allman, Jr., City Engineer; Mike Stevens, Communications Director, and Stephen M. Yost, City Attorney; and the following business was transacted: The minutes of the regular meeting of August 25, 2008, and the work session minutes from August 25, 2008, were approved as written. The report by the Director of Finance of the City’s financial status for a one-month period ending July 31, 2008, was received and ordered filed. Mayor Foley reported that this date and time had been set to hold a public hearing to consider an ordinance with emergency provisions amending Chapter 26, Article II, Section 26-41(b) of The Code of the City of Salem, Virginia, regarding Precinct D or West Salem Precinct; and WHEREAS, the Clerk of Council reported that notice of such public hearing had been published in the August 21 and 28, 2008, issues of The Roanoke Times, a newspaper having general circulation in the City of Salem; and WHEREAS, the Clerk of Council stated that Items 1 and 2 on the agenda are for Council to consider moving two voting precincts; he stated that the precincts being moved are currently located at schools; he further stated that the school system has been very cooperative to work with as far as scheduling, ITEM 1 ORDINANCE ADOPTED WITH EMERGENCY PROVISIONS AMENDING CHAPTER 26, ARTICLE II, SECTION 26-41(b) OF THE CODE OF THE CITY OF SALEM, VIRGINIA, REGARDING PRECINCT D OR WEST SALEM PRECINCT 2 but unfortunately sometimes primaries and other unexpected elections which cause conflicts with school days; he stated that it can be difficult getting in and out of school and creates issues for the teachers and students to move around within the buildings; he further stated that two sites have been located where there should not be conflicts on Tuesdays and recommend that Council approve moving the precincts; and WHEREAS, no other person(s) appeared related to the amendment; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, an ordinance entitled, “AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 26, ARTICLE II, SECTION 26-41(b) OF THE CODE OF THE CITY OF SALEM, VIRGINIA, REGARDING PRECINCT D OR WEST SALEM PRECINCT,” was hereby adopted with emergency provisions -- 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 with emergency provisions amending Chapter 26, Article II, Section 26-41(b) of The Code of the City of Salem, Virginia, regarding Precinct D or West Salem Precinct; and WHEREAS, the Clerk of Council reported that notice of such public hearing had been published in the August 21 and 28, 2008, issues of The Roanoke Times, a newspaper having general circulation in the City of Salem; and WHEREAS, Vice Mayor Givens questioned if having three voting precincts located at the Salem Civic Center would pose a problem; and WHEREAS, Dana Oliver, Registrar for the City of Salem, stated that there would not be a problem with three voting precincts being located at the Salem Civic Center; she stated that each precinct would be in a different room and that there would be an information booth set up in the lobby directing voters to the correct polling place; and ITEM 2 ORDINANCE ADOPTED WITH EMERGENCY PROVISIONS AMENDING CHAPTER 26, ARTICLE II, SECTION 26-41(b) OF THE CODE OF THE CITY OF SALEM, VIRGINIA, REGARDING PRECINCT I OR EAST SALEM PRECINCT 3 WHEREAS, Vice Mayor Givens questioned when the changes would be advertised; and WHEREAS, Ms. Oliver stated that the changes have already been advertised in the Salem Times-Register once, and the Roanoke Times twice; she further stated that the changes would be on Channel 18, and as soon as the ordinance has been passed, new voter registration cards will be mailed out to registered voters along with a letter stating the changes; and WHEREAS, a discussion was held regarding when the new cards will be mailed out, etc. and WHEREAS, the City Attorney stated that the Registrar has to follow State guidelines on when the changes have to be advertised, when cards are mailed out, etc.; and WHEREAS, no other person(s) appeared related to the amendment; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, an ordinance entitled, “AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 26, ARTICLE II, SECTION 26-41(b) OF THE CODE OF THE CITY OF SALEM, VIRGINIA, REGARDING PRECINCT I OR EAST SALEM PRECINCT,” was hereby adopted with emergency provisions -- roll call vote: all – aye. Mayor Foley reported that at its regular scheduled meeting held August 25, 2008, Council passed an ordinance on first reading amending Chapter 106, Article II District Regulations, Section 106-202.3(B)(1) of The Code of the City of Salem, Virginia, pertaining to side yard requirements; ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY VICE MAYOR GIVENS, AND DULY CARRIED, an ordinance amending Chapter 106, Article II District Regulations, Section 106-202.3(B)(1) of The Code of the City of Salem, Virginia, was hereby adopted -- the roll call vote: all – aye. ITEM 3 ORDINANCE ADOPTED AMENDING CHAPTER 106, ARTICLE II DISTRICT REGULATIONS, SECTION 106- 202.3(B)(1) OF THE CODE OF THE CITY OF SALEM, VIRGINIA, PERTAINING TO SIDE YARD REQUIREMENTS 4 Mayor Foley requested that Council adopt the September 2008 through December 2008 Meeting Schedule of the Salem City Council and the Salem Planning Commission; and WHEREAS, the City Manager noted that the meeting schedule includes the Council work sessions being held before each meeting; he stated that a meeting schedule needs to be adopted so that a press release will not need to be sent prior to each meeting notifying the media of the work sessions; he also noted that notification will be sent out if a work session is cancelled; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, the September 2008 through December 2008 Meeting Schedule of the Salem City Council and the Salem Planning Commission was hereby adopted -- the roll call vote: all – aye. Mayor Foley requested that Council consider adoption of Resolution 1125 requesting approval of Bike and Pedestrian Safety Grant for the West Riverside Drive/Mill Lane Connector Path; and WHEREAS, Vice Mayor Givens, Chairman of Council’s Audit-Finance Committee, reported that the Committee reviewed the Recreation Trails Grant for the Public Safety Corridor along West Riverside Drive; the trail will serve as a safe passage for residents of the Woodbridge Subdivision between their neighborhood and the proposed Roanoke River Greenway; residents will also be able to access Mill Lane utilizing the new corridor; this grant has been awarded by VDOT and covers 100% of the construction costs; the Committee recommends that a request by Council Resolution be made in accordance with Virginia Department of Transportation construction allocation procedures to accept the grant and construct the West Riverside Drive/Mill Lane Connector Path; and ITEM 4 SEPTEMBER 2008 THROUGH DECEMBER 2008 MEETING SCHEDULE OF SALEM CITY COUNCIL AND PLANNING COMMISSION ADOPTED ITEM 5 RESOLUTION 1125 ADOPTED REQUESTING APPROVAL OF BIKE AND PEDESTRIAN SAFETY GRANT FOR THE WEST RIVERSIDE DRIVE/ MILL LANE CONNECTOR PATH 5 WHEREAS, Councilwoman Garst questioned if the City will be liable for any of the labor costs associated with the development of the connector path; and WHEREAS, Vice Mayor Givens stated all costs are covered in the grant from the state; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JOHNSON, AND DULY CARRIED, Resolution 1126 was hereby adopted requesting approval of Bike and Pedestrian Safety Grant for the West Riverside Drive/Mill Lane Connector Path: (HERE SET OUT RESOLUTION 1126) -- the roll call vote: all – aye. Mayor Foley requested that Council consider adoption of Resolution 1126 readopting the City’s Flexible Benefits Program; and WHEREAS, Vice Mayor Givens, Chairman of Council’s Audit-Finance Committee, reported that the City has offered its employees participation in a “Section 125 Cafeteria Plan” since 1987; upon completion of the current 2007-08 plan year (September 30, 2008) city employees will have contributed over $4,007,477 and school employees another $3,128,850 to its flex plan; the resulting amount, $7,136,327 saves the City and Schools around $545,929 in matching social security contributions; from time-to-time it is necessary to bring the plan up-to-date with the latest IRS regulations and opinions, in addition to changes in the City/School Division policies and procedures; the latest review has been conducted with the assistance of the Tax Department of our auditors Brown, Edwards and Company; after reviewing the report from the Finance Department in conjunction with Brown, Edwards and Company, this committee recommends adoption of the revision of the Flexible Benefits Plan; ITEM 6 RESOLUTION 1126 ADOPTED READOPTING THE CITY’S FLEXIBLE BENEFITS PROGRAM 6 ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, Resolution 1126 was hereby adopted readopting the City’s Flexible Benefits Program: (HERE SET OUT RESOLUTION 1126) -- the roll call vote: all – aye. Mayor Foley requested that Council consider appointments to fill vacancies on various boards and commissions; THEREUPON, no action was taken. 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 discuss properties the City may wish to sell, and Section 2.2-3711 A (7) for consultation by legal counsel regarding specific legal matters requiring the provision of legal advice by such counsel; 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 7:47 p.m. for the purpose of discussing the following specific matters: 1. Discussion of properties the City may wish to sell, which is authorized by Section 2.2-3711 A. (3) of the Code of Virginia, 1950 as amended to date; and 2. 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 8:42 p.m.; ITEM 7 NO ACTION TAKEN ITEM 8 CLOSED SESSION TO DISCUSS PROPERTIES THE CITY MAY WISH TO SELL AND CONSULTATION BY LEGAL COUNSEL 7 ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, 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 no action would be taken regarding an amendment of the Backbone Investments, LLC, deed pertaining to the “buy - back” provision of the City of Salem deed; THEREUPON, no action was taken. There being no further business to come before the Council, the same on motion adjourned at 8:43 p.m. ITEM S1 NO ACTION TAKEN