HomeMy WebLinkAbout5/12/2008 - City Council - Minutes - RegularUNAPPROVED MINUTES
COUNCIL MEETING
May 12, 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 12, 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, and Byron R. Foley; 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:
The minutes of the regular meeting of April 28, 2008, and the special
meeting of May 8, 2008, were approved as written.
It was noted that Jake Mowles, Windsor Hills Boy Scout Troop #236, was
present at this meeting of Council.
It was also noted that Vickie Sword, Civic Center, and David Rorer, Police
Department, were present at this meeting of Council as part of the Leadership
Development Program.
Mayor Packett requested that Council receive the resignation of John
Christopher Clemens as a member of Salem City Council;
“Clemens & Clemens, P.C.
Attorneys at Law
231 Boulevard
Salem, Virginia 24153
May 1, 2008
HAND DELIVERED
Mayor Howard C. Packett Kevin Boggess, City Manager
Salem City Council City of Salem
Broad Street Broad Street
Salem, VA 24153 Salem, VA 24153
ITEM 1
RESIGNATION
ACCEPTED FROM
JOHN
CHRISTOPHER
CLEMENS AS A
MEMBER OF
SALEM CITY
COUNCIL
2
Dear Howard and Kevin:
Please accept this correspondence as my formal resignation from Salem City Council. It
is with mixed feelings that I embark on another direction in public service to our community.
While I am tremendously excited about the future, I am saddened by the thought of old
friendships (and new) that will be severely limited in my new position. I have sincerely enjoyed
serving Salem and attempting to better the lives of our citizens.
Thank you for making the transition a little easier.
Very truly yours,
/s/ Chris
J. Christopher Clemens
JCC/tld
cc: John Givens, Vice Mayor
Jane Johnson
Randy Foley”
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, the resignation of John
Christopher Clemens is hereby accepted with many thanks for the services he
rendered to the citizens of Salem -- roll call vote: all - aye.
Mayor Packett reported that Council has discussed potential
replacements for John Christopher Clemens as a member of Salem City Council;
ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY VICE
MAYOR GIVENS, AND DULY CARRIED, William D. Jones of 900 Debra Lane
(Council Member-elect) is hereby appointed to fill the unexpired term of John
Christopher Clemens as a member of Salem City Council, said term will expire on
June 30, 2008 -- the roll call vote: all – aye.
G. Chance Crawford, Clerk of the Circuit Court for the City of Salem,
administered the oath of office required by law to William D. Jones as
Councilman.
ITEM 2
WILLIAM D. JONES
OF 900 DEBRA
LANE APPOINTED
TO FILL THE
UNEXPIRED TERM
OF JOHN
CHRISTOPHER
CLEMENS AS A
MEMBER OF
COUNCIL
3
Mayor Packett reported that Councilman Jones has been informed that it
will not be required that he vote on the items at this meeting of Council as he
has not had sufficient time to review the items to be heard by Council at this
meeting.
Mayor Packett reported that Council at its regular meeting held on April
28, 2008, approved an ordinance on first reading rezoning the property of A. E.
Elliott Properties, property owner, located at 904 Apperson Drive (Tax Map # 248
– 7 – 1) from RSF Residential Single Family District to RB Residential Business
District with proffered condition;
ON MOTION MADE BY COUNCIL, SECONDED BY VICE MAYOR GIVENS,
AND DULY CARRIED, the following ordinance was duly passed and adopted on
second reading:
(HERE SET OUT ORDINANCE)
-- the roll call vote: William D. Jones – abstain, Byron R. Foley – nay, Jane
W. Johnson – aye, John C. Givens – aye, and Howard C. Packett – aye.
Mayor Packett reported that Council at its regular meeting held on April
28, 2008, approved an ordinance on first reading rezoning the property of
Stephen D. Blankenship, property owner, and Henmark Inc., contract purchaser,
located at 209 Ross Street (Tax map #248-7-1) from LM Light Manufacturing
District to RSF Residential Single Family District;
ON MOTION MADE BY COUNCILMAN FOLEY, SECONDED BY VICE MAYOR
GIVENS, AND DULY CARRIED, the following ordinance was duly passed and
adopted on second reading:
(HERE SET OUT ORDINANCE)
-- the roll call vote: William D. Jones – abstain, Byron R. Foley – aye, Jane
W. Johnson – aye, John C. Givens – aye, and Howard C. Packett – aye.
ITEM 4
ORDINANCE
ADOPTED
REZONING THE
PROPERTY OF
STEPHEN D.
BLANKENSHIP,
PROPERTY
OWNER, AND
HENMARK, INC.,
CONTRACT
PURCHASER,
LOCATED AT 209
ROSS STREET (T/M
76-3-1) FROM LM
TO RMF
ITEM 3
ORDINANCE
ADOPTED
REZONING THE
PROPERTY OF AE
ELLIOTT
PROPERTIES
LOCATED AT 904
APPERSON DRIVE
(T/M 248-7-1)
FROM RSF TO RB
4
Mayor Packett requested that Council consider an appointment to the
Salem School Board to fill the unexpired term of James L. Chisom; and
WHEREAS, Mayor Packett noted that Council interviewed the candidates
to be considered for appointment at a Special Council Meeting held on May 8,
2008; he stated that Council will go into a Closed Session to further discuss the
applicants;
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 7:37 p.m. for the purpose of discussing the following specific
matter:
1. Discussion of a personnel matter, which is authorized by Section
2.2-3711 A. 1. of the Code of Virginia, 1950 as amended to date,
to specifically discuss the salaries of the City Manager and the
Assistant City Manager, and the appointment of a school board
member; and
-- the roll call vote: William D. Jones – abstain, Byron R. Foley – aye, Jane W.
Johnson – aye, John C. Givens – aye, and Howard C. Packett – aye.
Upon reconvening at 7:55 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 – abstain, Byron
R. Foley – aye, Jane W. Johnson – aye, John C. Givens – aye, and Howard C.
Packett – aye.
ITEM 5
CLOSED SESSION
HELD PRIOR TO
APPOINTMENT OF
SCHOOL BOARD
MEMBER
DAVID H. PRESTON
APPOINTED TO
SALEM SCHOOL
BOARD TO FILL
UNEXPIRED TERM
OF JAMES L.
CHISOM
5
ON MOTION MADE BY COUNCILMAN FOLEY, SECONDED BY VICE MAYOR
GIVENS, AND DULY CARRIED, David H. Preston was hereby appointed to the
Salem School Board to fill the unexpired term of James L. Chisom effective May
15, 2008, said term will expire December 31, 2008 -- the roll call vote: William D.
Jones – abstain, Byron R. Foley – aye, Jane W. Johnson – aye, John C. Givens –
aye, and Howard C. Packett – aye.
Mayor Packett reported that Council at its regular meeting held April 28,
2008, passed an ordinance on first reading permanently vacating Lenox Avenue
Right of Way between Ross Street and the termination point at Mason s Creek;
ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY
COUNCILMAN FOLEY, AND DULY CARRIED, the following ordinance was duly
passed on second reading:
(HERE SET OUT ORDINACE)
-- the roll call vote: William D. Jones – abstain, Byron R. Foley – aye, Jane
W. Johnson – aye, John C. Givens – aye, and Howard C. Packett – aye.
Mayor Packett requested that Council consider approving the Standard
Project Administration Agreement for the City of Salem Mason s Creek Greenway
Project between the City of Salem and the Commonwealth of Virginia
Department of Transportation; and
WHEREAS, Vice Mayor Givens, Chairman of Council’s Audit Finance
Committee, reported that the Committee reviewed the agreement between the
City of Salem, Virginia, and the Commonwealth of Virginia, Department of
Transportation for project administration for construction of a five-mile bicycle
and pedestrian trail as part of the Masons Creek Greenway, linking the City of
Salem and the County of Roanoke, which will eventually join the Roanoke River
Greenway; the Committee recommends approval of the City of Salem entering
ITEM 7
STANDARD
PROJECT
ADMINISTRATION
AGREEMENT FOR
THE CITY OF SALEM
MASONS CREEK
GREENWAY
PROJECT
APPROVED
BETWEEN THE CITY
OF SALEM AND
THE COMMON-
WEALTH OF
VIRGINIA
DEPARTMENT OF
TRANSPORTATION
ITEM 6
ORDINANCE
ADOPTED
PERMANENTLY
VACATING LENOX
AVENUE RIGHT OF
WAY BETWEEN
ROSS STREET AND
THE TERMINATION
POINT AT MASONS
CREEK
6
into the agreement as project administrators with the Commonwealth of
Virginia, Department of Transportation, for the stated segment of the Mason s
Creek Greenway;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, the Standard Project
Administration Agreement for the City of Salem Mason s Creek Greenway Project
between the City of Salem and the Commonwealth of Virginia Department of
Transportation was hereby approved -- the roll call vote: William D. Jones –
abstain, Byron R. Foley – aye, Jane W. Johnson – aye, John C. Givens – aye, and
Howard C. Packett – aye.
Mayor Packett requested that Council consider setting bond for erosion
and sediment control for the Highland Road Project; 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 for the Highland Road Project and recommends
setting bond at $6,960 with a time limit of twelve (12) months for completion;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILMAN FOLEY, AND DULY CARRIED, the performance bond for erosion
and sediment control for the Highland Road Project was hereby set at $6,960
with a time limit of twelve (12) months for completion -- the roll call vote:
William D. Jones – abstain, Byron R. Foley – aye, Jane W. Johnson – aye, John C.
Givens – aye, and Howard C. Packett – aye.
Mayor Packett requested that Council consider a donation to the
Community Food Pantry, Inc., in the amount of $320.15, equal to the amount of
admissions tax paid in connection with the Salem After Five event held April 25,
2008;
ITEM 8
BOND SET FOR
EROSION AND
SEDIMENT
CONTROL FOR THE
HIGHLAND ROAD
PROJECT
ITEM 9
DONATION
APPROVED FOR
COMMUNITY
FOOD PANTRY,
INC., IN THE
AMOUNT OF
$320.15, EQUAL TO
THE AMOUNT OF
ADMISSIONS TAX
PAID IN
CONNECTION
WITH THE SALEM
AFTER FIVE EVENT
HELD APRIL 25,
2008
7
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILWOMAN JOHNSON AND DULY CARRIED, -- a donation to the
Community Food Pantry, Inc., in the amount of $320.15, equal to the amount of
admissions tax paid in connection with the Salem After Five event held April 25,
2008, was hereby approved -- the roll call vote: William D. Jones – abstain,
Byron R. Foley – aye, Jane W. Johnson – aye, John C. Givens – aye, and Howard C.
Packett – aye.
Mayor Packet requested that Council consider the 2008-2009 Virginia
Municipal League (VML) Policy Committee Nominations;
Mayor Packett requested that Council consider the nominations at the
May 27, 2008, meeting;
THEREUPON, no action was taken.
Mayor Packett requested that Council consider appointments to fill
vacancies on various boards and commissions;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, Byron R. Foley was hereby
appointed to the Western Virginia Regional Jail Authority, alternate member, to
replace John Christopher Clemens -- the roll call vote: William D. Jones – abstain,
Byron R. Foley – aye, Jane W. Johnson – aye, John C. Givens – aye, and Howard C.
Packett - aye.
Mayor Packett requested that Council receive the Abstract of Votes cast
at the May 6, 2008, General Election;
THEREUPON, said Abstract of Votes was received.
(HERE SET OUT ABSTRACT OF VOTES)
ITEM 10
CONTINUED UNTIL
MAY 27, 2008,
MEETING
ITEM S1
ABSTRACT OF
VOTES IN THE
GENERAL
ELECTION HELD
MAY 6, 2008
ITEM 11
BYRON R. FOLEY
APPOINTED TO
WESTERN
VIRGINIA
REGIONAL JAIL
AUTHORITY –
ALTERNATE
MEMBER TO
REPLACE JOHN
CHRISTOPHER
CLEMENS
8
Mayor Packett requested that Council consider adopting Resolution 1114
regarding the 2007 State Homeland Security Program Grant;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILMAN FOLEY, AND DULY CARRIED, Resolution 1114 was hereby adopted
regarding the 2007 State Homeland Security Program Grant:
(HERE SET OUT RESOLUTION 1114)
-- the roll call vote: William D. Jones – abstain, Byron R. Foley – aye, Jane W.
Johnson – aye, John C. Givens – aye, and Howard C. Packett - aye.
Mayor Packett requested that Council consider approving the City of
Salem School Budget for fiscal year 2008-2009; and
WHEREAS, it was noted that the budget was presented to Council at its
regularly scheduled meeting held on April 28, 2008;
ON MOTION MADE BY COUNCILMAN FOLEY, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, the City of Salem School
Budget for fiscal year 2008-2009 in the amount of $44,843,766, was hereby
approved as presented at the April 28, 2008, meeting of Council -- the roll call
vote: William D. Jones – abstain, Byron R. Foley – aye, Jane W. Johnson – aye,
John C. Givens – aye, and Howard C. Packett - aye.
There being no further business to come before the Council, the same on
motion adjourned at 8:05 p.m.
It was noted that Council began budget work sessions at the conclusion
of the meeting that concluded at 9:18 p.m.
ITEM S2
RESOLUTION 1114
ADOPTED
REGARDING THE
2007 STATE
HOMELAND
SECURITY
PROGRAM GRANT
ITEM S3
CITY OF SALEM
SCHOOL BUDGET
FOR 2008-2009
APPROVED