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HomeMy WebLinkAbout5/27/2008 - City Council - Minutes - RegularUNAPPROVED MINUTES COUNCIL MEETING May 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 May 27, 2008, at 7:30 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; 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; and Stephen M. Yost, City Attorney; and the following business was transacted: The minutes of the regular meeting of May 12, 2008, were approved as written. The report by the Director of Finance of the City’s financial status for a ten-month period ending April 30, 2008, was received and ordered filed. The report by the City Manager of the City’s activities for the month of April 2008 was received and ordered filed. Mayor Packett requested a moment of silence in memory of Dr. Walter Hunt, former superintendent of Salem City Schools. Mayor Packett reported that Council at its regular meeting held May 12, 2008, continued the consideration of the 2008-2009 Virginia Municipal League (VML) Policy Committee Nominations; ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY COUNCILMAN FOLEY, AND DULY CARRIED, the following nominations are hereby made to the 2008-2009 Virginia Municipal League Policy Committees: Community & Economic Development – Byron R. Foley Environmental Quality – Lisa D. Garst & James M. Fender, Jr. ITEM 1 2008-2009 VML POLICY NOMINATIONS 2 Finance – Frank P. Turk General Laws – James E. Taliaferro, II Human Development & Education – William D. Jones Transportation – Kevin S. Boggess -- roll call vote: all – aye. Mayor Packett reported that this date and time had been set to hold a public hearing to consider the request of KDL of Virginia, Inc. to authorize a Right-of-Way Use agreement; and WHEREAS, the Clerk of Council reported that notice of such public hearing had been published in the May 15 and 22, 2008, issues of the Salem Times-Register, a newspaper published and having general circulation in the City of Salem; and WHEREAS, the City Attorney stated that there are various entities that utilize the streets, alleys, and other public ways of the City, some are under franchise agreements which run from five up to forty years (i.e. Verizon, Appalachian Power Company); he stated that there are a number of entities that utilize the streets, alleys, and public ways which are telecommunications companies that request the agreement be done through a rights -of-way use agreement that is for a period of time of less than five years, which is much simpler than to go through the formal bid process that a franchise award requires; he further stated that the agreement for Council to consider is with KDL of Virginia, Inc., which is an entity in roughly a 17-state area, primarily in the mid-west, some in the south and a good bit in Virginia; he stated that KDL of Virginia, Inc., is not asking to use all of the streets and alleys of the City of Salem, they have a particular route they would like to use, and if they want to use some more of the streets and alleys in the City, they would have to come back before Council for approval; the City Attorney stated that this is a standard agreement the City has utilized with a number of other telecommunications entities; he ITEM 2 RIGHT-OF-WAY USE AGREEMENT APPROVED FOR KDL OF VIRGINIA, INC. 3 stated that he and City staff had been involved with this request and he does not have an objection to this agreement; he further stated that Mike Richardson, a local official/engineer with KDL of Virginia, Inc., is present at this meeting of Council to answer any questions; and WHEREAS, no other person(s) appeared related to this request; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON AND DULY CARRIED, the request of KDL of Virginia, Inc., to authorize a Rights-of-Way Use Agreement was hereby approved and the appropriate City officials are authorized to execute the agreement -- the roll call vote: all – aye. Mayor Packett reported that this date and time had been set to hold a public hearing to receive citizen input pertaining to the 2008-2009 budget; and WHEREAS, the Clerk of Council reported that notice of such public hearing had been published in the May 22, 2008, issue of the Salem Times- Register, a newspaper published and having general circulation in the City of Salem; and WHEREAS, Kay Trent, 1611 Sunset Avenue, appeared before the Council; she stated that she has been following the budget very carefully, as well as the newly elected Council members; she stated that she would like for Council to use a very judicious eye when determining items in the budget; she requested that rather than increase real estate assessments, to take a careful look at the $1,208,000 recommended to be appropriated in funding requests under the Human and Community Service portion of the budget; she further stated that she was under the impression that the Explore Park had been closed, but money is recommended to be appropriated to the Explore Park; she stated that she would rather Council try to find money first where it is available rather than continue to give the homeowners a six percent increase in either rate or ITEM 3 ORDINANCE PASSED ON FIRST READING ADOPTING THE BUDGET FOR FISCAL YEAR 2008- 2009 4 assessment; Ms. Trent stated that the City may consider a buy out for early retirement for some of the employees; she stated that there are monies available that need to be looked at before it is spent; she further stated that it needs to be decided what is an absolute need opposed to a want; she stated that a need is what keeps things running, and a want is a luxury item; and WHEREAS, Councilwoman Johnson stated that Council has looked over the items line by line in the budget; she stated that the City has always supported many of the community services because a lot of Salem residents benefit from the agencies; she stated that she realizes it is a lot of money and Council does give close and careful scrutiny when determining which agencies to consider funding; she thanked Ms. Trent for her comments and stated that Council will take them into consideration; and WHEREAS, no other person(s) appeared related to said request; ON MOTION MADE BY COUNCILMAN JONES, SECONDED BY COUNCILMAN FOLEY, AND DULY CARRIED, an ordinance entitled “AN ORDINANCE APPROPRIATING FUNDS FOR THE OPERATION OF THE CITY OF SALEM, VIRGINIA, FOR THE FISCAL YEAR BEGINNING JULY 1, 2008,” was duly passed on first reading -- the roll call vote: all - aye. Mayor Packett reported that this date and time had been set to hold a public hearing and consider an ordinance on first reading establishing tax rates for real estate and personal property to become effective July 1, 2008; and WHEREAS, the Clerk of Council reported that notice of such public hearing had been published in the May 22, 2008, issue of the Salem Times- Register, a newspaper published and having general circulation in the City of Salem; and WHEREAS, it was noted that the real estate tax rate will remain at $1.18 per $100 assessed valuation, and the personal property tax rate will remain at ITEM 4 ORDINANCE PASSED ON FIRST READING ESTABLISHING TAX RATES FOR REAL ESTATE AND PERSONAL PROPERTY (EFFECTIVE JULY 1, 2008) 5 $3.20 per $100 assessed valuation; and WHEREAS, Councilman Foley stated that he voted against the tax rates last year because he would have liked for the tax rates to have been reduced; he stated that in light of some projects that have come into view during the last year, he is no longer of that opinion; and WHEREAS, no other person(s) appeared related to said request; ON MOTION MADE BY COUNCILMAN FOLEY, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, an ordinance entitled “AN ORDINANCE IMPOSING TAXES ON REAL ESTATE, TANGIBLE PERSONAL PROPERTY, MACHINERY AND TOOLS, AND ALL LEGAL SUBJECTS OF TAXATION FOR CITY PURPOSES, INCLUDING THE PROPERTY OF RAILROAD, EXPRESS, TELEPHONE, TELEGRAPH, WATER, HEAT (GAS), LIGHT, AND POWER COMPANIES, FOR SUPPORT OF THE CITY GOVERNMENT, PAYMENT OF INTEREST ON THE CITY DEBT, AND FOR ALL OTHER MINICIPAL EXPENSES, BOTH GENERAL AND SPECIAL,” was duly passed on first reading -- the roll call vote: all - aye. Mayor Packett requested that Council receive the request of Total Action Against Poverty (TAP) of the Roanoke Valley for renewal of the lease o n the Old Norfolk and Western Railway Passenger Station for the Head Start Program for the period July 1, 2008, to June 30, 2008; and WHEREAS, it was noted that the lease, if approved, will be under the same terms and conditions as in previous years; and the fair rental value of this property is $10,000 per year, which is one of the City’s contributions to TAP; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, the lease for the Old Norfolk and Western Railway Passenger Station for the Head Start Program by Total Action Against Poverty, was hereby approved for the period July 1, 2008, through June 30, 2009, under the existing terms -- the roll call vote: all – aye. ITEM 5 REQUEST OF TAP OF THE ROANOKE VALLEY FOR LEASE OF THE OLD NORFOLK AND WESTERN RAILWAY PASSENGER STATION FOR THE HEAD START PROGRAM FOR THE PERIOD JULY 1, 2008, TO JUNE 30, 2009 APPROVED 6 Mayor Packett requested that Council consider setting bond for physical improvements and erosion and sediment control for the Salem Museum project; and WHEREAS, Councilwoman Johnson, Vice 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 Salem Museum Project and recommends bond be set at $31,766 with a time limit of twelve (12) months for completion; ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY COUNCILMAN FOLEY, AND DULY CARRIED, the performance bond for physical improvements and erosion and sediment control for the Salem Museum project was hereby set at $31,766 with a time limit of twelve (12) months for completion -- the roll call vote: all – aye. Mayor Packett requested that Council consider adopting Resolution 1115 requesting the Commonwealth Transportation Commissioner and the Commonwealth Transportation Board to approve and accept certain new streets for maintenance payments; and WHEREAS, it was noted that the streets requested to be added are Tyler Way and Emery Circle; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN FOLEY, AND DULY CARRIED, Resolution 1115 was hereby adopted requesting the Commonwealth Transportation Commissioner and the Commonwealth Transportation Board to approve and accept certain new streets for maintenance payments: (HERE SET OUT RESOLUTION 1115) -- roll call vote: all – aye. ITEM 7 RESOLUTION 1115 ADOPTED REQUESTING THE COMMON- WEALTH TRANSPORTATION COMMISSIONER AND THE COMMON- WEALTH TRANSPORTATON BOARD TO APPROVE AND ACCEPT CERTAIN NEW STREETS FOR MAINTENANCE PAYMENTS ITEM 6 BOND AND TIME LIMIT SET FOR PHYSICAL IMPROVEMENTS AND EROSION AND SEDIMENT CONTROL FOR SALEM MUSEUM 7 Mayor Packett requested that Council consider adopting Resolution 1116 amending the City’s schematic list of job classes and pay ranges and steps for the ensuing fiscal year to become effective July 1, 2008; ON MOTION MADE BY COUNCILMAN FOLEY, SECONDED BY COUNCILWOMAN JOHNSON AND DULY CARRIED, Resolution 1116 was duly passed and adopted to become effective July 1, 2008: (HERE SET OUT RESOLUTION 1116) -- roll call vote: all – aye. Mayor Packet requested that Council consider adopting Resolution 1117 amending fees for various levels of Emergency Medical Services; and WHEREAS, the City Manager stated that the fees are primarily based on Medicare and insurance company reimbursement amounts; he stated that the suggested fees are comparable or lower than surrounding jurisdictions; and WHEREAS, Councilman Jones questioned the success rate of collecting the fees; and WHEREAS, the City Manager stated that it is a very high success rate from the insurance companies and Medicare/Medicaid, he stated that the City gets approximately $850,000 a year in revenue from these fees; he further stated that the City tries to collect the remainder of the fees not covered by insurance from the patient; he stated that three billing attempts are made and there is a good success rate from the attempts; he stated that there are some patients that cannot afford to pay what is not covered by insurance; the City operates on a “soft” billing approach and does not require patients to pay if they cannot afford to do so; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, Resolution 1117 was duly passed and ITEM 9 RESOLUTION 1117 ADOPTED AMENDING FEES FOR VARIOUS LEVELS OF EMERGENCY MEDICAL SERVICES ITEM 8 RESOLUTION 1116 ADOPTED AMENDING THE CITY’S SCHEMATIC LIST OF JOB CLASSES AND PAY RANGES AND STEPS FOR THE ENSUING FISCAL YEAR TO BECOME EFFECTIVE JULY 1, 2008 8 adopted to become effective July 1, 2008: (HERE SET OUT RESOLUTION 1117) -- the roll call vote: all - aye. Mayor Packett requested that Council consider adopting Resolution 1118 establishing various miscellaneous fees for fiscal year 2008 -2009 to become effective July 1, 2008; ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY VICE MAYOR GIVENS, AND DULY CARRIED, Resolution 1118 was duly passed and adopted to become effective July 1, 2008: (HERE SET OUT RESOLUTION 1118) -- the roll call vote: all – aye. Mayor Packett requested that Council consider appointments to fill vacancies on various boards and commissions; ON MOTION MADE BY COUNCILMAN FOLEY, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, Betty Waldron was hereby appointed to the Fair Housing Board to fill the expired term of Dr. Nancy Watley -Wilson, said term will expire July 1, 2010 -- the roll call vote: all – aye. Mayor Packett requested that Council consider setting bond for physical improvements and erosion and sediment control for the Cliffview Subdivision project; and WHEREAS, Councilwoman Johnson, Vice 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 Subdivision Project and recommends bond be set at $48,083 with a time limit of twelve (12) months for completion; ITEM 11 BETTY WALDRON APPOINTED TO FAIR HOUSING BOARD ITEM 10 RESOLUTION 1118 ADOPTED ESTABLISHING VARIOUS MISCELLANEOUS FEES FOR FISCAL YEAR 2008-2009 ITEM S1 BOND AND TIME LIMIT SET FOR PHYSICAL IMPROVEMENTS AND EROSION AND SEDIMENT CONTROL FOR CLIFFVIEW SUBDIVISION 9 ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY VICE MAYOR GIVENS, AND DULY CARRIED, the performance bond for physical improvements and erosion and sediment control for the Cliffview Subdivision project was hereby set at $48,083 with a time limit of twelve (12) months for completion -- the roll call vote: all – aye. Mayor Packett requested that Council consider the request of the City Manager to hold a closed session pursuant to provision of Section 2.2-3711 A (3) of the 1950 Code of Virginia, as amended, 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 7:56 p.m. for the purpose of discussing the following specific matter: 1. Discussion of property 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; -- the roll call vote: all – aye. Upon reconvening at 8:46 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: all – aye. ITEM 12 CLOSED SESSION TO CONSIDER PROPERTY THE CITY MAY WISH TO SELL 10 There being no further business to come before the Council, the same on motion adjourned at 8:46 p.m.