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HomeMy WebLinkAbout6/23/2008 - City Council - Minutes - RegularUNAPPROVED MINUTES COUNCIL MEETING June 23, 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 June 23, 2008, at 6:30 p.m., there being present all the members of said Council, to wit: Howard C. Packett, John C. Givens, Jane W. Johnson, Byron R. Foley, and William D. Jones (arrived late); with Howard C. Packett, 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; and Stephen M. Yost, City Attorney; and the following business was transacted: Mayor Packett requested that Council hold a closed session pursuant to provision of Section 2.2-3711 A (1) of the 1950 Code of Virginia, as amended, to discuss a personnel matter concerning the Council appointed position of Mayor; 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 6:48 p.m. for the purpose of discussing the following specific matter: 1. Discussion of a personnel matter concerning the Council appointed position of Mayor, which is authorized by Section 2.2- 3711 A. (1) of the Code of Virginia, 1950 as amended to date; -- the roll call vote: William D. Jones – absent, Byron R. Foley – aye, Jane W. Johnson – aye, John C. Givens – aye, and Howard C. Packett - abstain. Upon reconvening at 7:27 p.m.; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN FOLEY, 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 ITEM S1 CLOSED SESSION TO DISCUSS A PERSONNEL MATTER CONCERNING THE COUNCIL APPOINTED POSITION OF MAYOR 2 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: William D. Jones – aye, Byron R. Foley – aye, Jane W. Johnson – aye, John C. Givens – aye, and Howard C. Packett – abstain. It was noted that Mayor Packett’s wife Jane, numerous department directors, and other staff members were present at this meeting of Council. The minutes of the regular meeting of June 9, 2008, were approved as written. The report by the Director of Finance of the City’s financial status for an eleven-month period ending May 31, 2008, was received and ordered filed. The report by the City Manager of the City’s activities for the month of May 2008 was received and ordered filed. Mayor Packett requested that Council consider continuation of fiscal agent agreements between the City and Court Community Corrections/VASAP, and the Cardinal Criminal Justice Academy for fiscal year 2008-2009; and WHEREAS, the Director of Finance stated that the City has acted as fiscal agent for the above agencies for over 20 years; he stated that the City keeps the books, does payroll, etc. for the agencies and receives a fee for providing those services; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, the proper City officials are hereby authorized to execute fiscal agent agreements between the City and Court Community Corrections/VASAP, and the Cardinal Criminal Justice Academy for fiscal year 2008-2009 -- the roll call vote: all – aye. ITEM 1 CONTINUATION OF FISCAL AGENT AGREEMENTS BETWEEN THE CITY AND COURT- COMMUNITY CORRECTIONS/ VASAP, AND THE CARDINAL CRIMINAL JUSTICE ACADEMY FOR FISCAL YEAR 2008- 2009 3 Mayor Packett requested that Council consider closing to the public the offices of the Treasurer, Finance, Utility Collections, and Commissioner of the Revenue with all employees working on Tuesday, July 1, 2008, to facilitate the annual audit; and WHEREAS, it was noted that the Building Official’s office will be open, but no permits will be issued on this date; and WHEREAS, the Director of Finance stated that the offices are closed to the public provide a “clean cut-off” to the City year; ON MOTION MADE BY COUNCILMAN FOLEY, SECONDED BY VICE MAYOR GIVENS, AND DULY CARRIED, the offices of the Treasurer, Finance, Utility Collections, and Commissioner of the Revenue will be closed to the public with all employees working on Tuesday, July 1, 2008, to facilitate the annual audit -- the roll call vote: all – aye. Mayor Packett requested that Council consider setting bond for erosion and sediment control for the Adult Day Care Facility project; and WHEREAS, Vice Mayor Givens, Chairman of Council’s Audit-Finance Committee, reported that the Committee reviewed the performance bond for physical improvements and erosion and sediment control for the Adult Day Care Facility project and recommends bond be set at $9,755 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 performance bond for physical improvements and erosion and sediment control for the Adult Day Care Facility project was hereby set at $9,755 with a time limit of twelve (12) months for completion -- the roll call vote: all – aye. ITEM 2 AUTHORIZED CLOSING OFFICES TO THE PUBLIC OF TREASURER, FINANCE, UTILITY COLLECTIONS, AND COMMISSIONER OF THE REVENUE WITH ALL EMPLOYEES WORKING ON TUESDAY, JULY 1, 2008, TO FACILITATE THE ANNUAL AUDIT ITEM 3 BOND AND TIME LIMIT SET FOR ADULT DAY CARE FACILITY PROJECT 4 Mayor Packett requested that Council consider adopting Resolution 1120 amending the tipping fees for the Solid Waste Transfer Station ; and WHEREAS, Vice Mayor Givens, Chairman of Council’s Audit-Finance Committee, reported that the Committee reviewed the proposed resolution for amending the fees of the Solid Waste Transfer Station, and recommends the fees be increased as outlined in Resolution 1120; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN FOLEY, AND DULY CARRIED, Resolution 1120 amending the tipping fees to be effective July 1, 2008, for the Solid Waste Transfer Station was hereby adopted: (HERE SET OUT RESOLUTION 1120) -- the roll call vote: all - aye. Mayor Packett requested that Council consider setting bond for erosion and sediment control for the Cliffview project; and WHEREAS, Vice Mayor Givens, Chairman of Council’s Audit-Finance Committee, reported that the Committee reviewed the performance bond for physical improvements and erosion and sediment control for the Cliffview project and recommends bond be set at $38,350 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 performance bond for physical improvements and erosion and sediment control for the Cliffview project was hereby set at $38,350 with a time limit of twelve (12) months for completion -- the roll call vote: all – aye. Mayor Packett requested that Council consider adopting Resolution 1121 repealing sections 1.16 and 1.17 of the Personnel Operating Procedures and ITEM 4 RESOLUTION 1120 ADOPTED AMENDING TIPPING FEES FOR THE SOLID WASTE TRANSFER STATION ITEM 6 RESOLUTION ADOPTED AMENDING THE PERSONNEL OPERATING PROCEDURES PERTAINING TO THE PAID LEAVE PLAN ITEM 5 BOND AND TIME LIMIT SET FOR THE CLIFFVIEW PROJECT 5 enacting section 1.36 pertaining to the Paid Leave Plan ; and WHEREAS, the City Manager stated that the proposed leave plan will remove the traditional vacation and sick leave plan the City currently has, and will be replaced by a paid leave plan; which is more like a PTO or a more conventional business model for vacation and sick time where employees are awarded personal time off or paid leave to be used either for sick or for vacation throughout the year with the extended illness leave being similar to the sick leave plan; he stated that the extended illness is intended to be similar to a short-term disability; he further stated that if an employee or an employee’s family member becomes injured or develops a serious illness as defined by the Family Medical Leave Act, the employee has the option, after utilizing three days of paid leave, to use extended illness leave as paid time to care for themselves or a family member after it has been certified by a physician; the City Manager stated that the employees’ current sick leave balance will be converted to extended illness leave, and vacation leave will be converted to paid leave, which gives employees some flexibility as to how to use the personal time off; he stated that this plan will help employees manage their time better, and make it easier for department directors to schedule time off in their departments; he stated that the plan is more of a traditional business model and less of the traditional government model; ON MOTION MADE BY COUNCILMAN FOLEY, SECONDED BY VICE MAYOR GIVENS, AND DULY CARRIED, Resolution 1121 repealing sections 1.16 and 1.17 of the Personnel Operating Procedures and enacting section 1.36 pertaining to the Paid Leave Plan was hereby adopted: (HERE SET OUT RESOLUTION 1121) -- the roll call vote: all – aye. 6 Mayor Packett requested that Council consider appointments to fill vacancies on various boards and commissions; ON MOTION MADE BY COUNCILMAN FOLEY, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, Forest G. Jones was hereby appointed to the Virginia Western Community College Board to fill the unexpired term of Dr. Walter A. Hunt, said term expires June 30, 2010 -- the roll call vote: all - aye. Mayor Packett stated that he has served on City Council for 24 years, and he decided not to seek re-election because he feels that it is time for the younger generation to “take over and run” the City; he stated that Salem is the finest City around; he further stated that many people have helped him over the years, in particular Alex Brown and Jerry Pace, as well as numerous others; he stated that he feels that he is leaving Salem in a good place; he thanked his wife for her support over the years; Mayor Packett also thanked the department heads for their hard work and stated that he has enjoyed working with them; he stated that he will still be around Salem, only as a concerned citizen instead of an elected official. Vice Mayor Givens thanked Mayor Packett for the years he has spent to help make Salem great; he stated that Mayor Packett has been a mentor to him during his tenure on Council and he will be missed. The Clerk of Council stated that on behalf of City Council, Resolution 1122 was prepared in recognition of Mayor Packett’s 24 years of service on Salem City Council; and WHEREAS, the Clerk of Council stated that he has known Mayor Packett since he was five or six years old and that Mayor Packett has always been a great ITEM 7 FOREST G. JONES APPOINTED TO THE VIRGINIA WESTERN COMMUNITY COLLEGE BOARD 7 inspiration; he thanked Mayor Packett for everything he has done over the years; and WHEREAS, the Clerk of Council read Resolution 1122; and WHEREAS, a certified copy of Resolution 1122 was presented to Mayor Packett in recognition of his tenure on Salem City Council; ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY COUNCILMAN FOLEY, AND DULY CARRIED, Resolution 1122 commending Mayor Packett’s for his accomplishments and service to the City of Salem was hereby adopted: (HERE SET OUT RESOLUTION 1122) -- the roll call vote: all – aye. The Council meeting was recessed at 7:47 p.m. for a reception honoring Mayor Packett. Council reconvened at 8:27 p.m. Mayor Packett requested that Council hold a closed session pursuant to provision of Section 2.2-3711 A (1) of the 1950 Code of Virginia, as amended, to discuss a personnel matter concerning the Council appointed position of Mayor; 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 8:27 p.m. for the purpose of discussing the following specific matter: 1. Discussion of a personnel matter concerning the Council appointed position of Mayor, which is authorized by Section 2.2- 3711 A. (1) of the Code of Virginia, 1950 as amended to date; CLOSED SESSION TO DISCUSS A PERSONNEL MATTER CONCERNING THE COUNCIL APPOINTED POSITION OF MAYOR 8 -- the roll call vote: William D. Jones – absent, Byron R. Foley – aye, Jane W. Johnson – aye, John C. Givens – aye, and Howard C. Packett - abstain. Upon reconvening at 9:19 p.m.; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN FOLEY, 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: William D. Jones – aye, Byron R. Foley – aye, Jane W. Johnson – aye, John C. Givens – aye, and Howard C. Packett – abstain. There being no further business to come before the Council, the same on motion adjourned at 9:20 p.m.