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HomeMy WebLinkAbout12/11/2023 - City Council - Minutes - RegularCity Council Meeting MINUTES Monday, December 11, 2023, 6:30 PM Work Session 5:30 P.M. Council Chambers Conference Room, City Hall, 114 North Broad Street, Salem, Virginia 24153 Regular Session 6:30 P.M. Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 24153 WORK SESSION AMENDED AGENDA 1. Call to Order A work session of the Council of the City of Salem, Virginia, was held in the Council Chambers Conference Room, City Hall, 114 N. Broad Street, Salem, Virginia, on December 11, 2023, at 5:31 p.m., there being present the following members of said Council to wit: Renée Ferris Turk, Mayor; James W. Wallace, III, Vice- Mayor; Council members: Byron Randolph Foley, William D. Jones, and H. Hunter Holliday; with Renée Ferris Turk, Mayor, presiding together with Rob Light, Interim City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Crystal Williams, Assistant to the City Manager; Laura Lea Harris, Deputy Clerk of Council; John Aldridge, CPA/Partner, Brown Edwards; and the following business was transacted; Mayor Turk reported that this date, place, and time had been set in order for the Council to hold a work session. 2. New Business A. Discussion Items 1) Review proposed Legislative Agenda. 2) Review of proposed Capital Reserve policy 3) Overview of Annual Comprehensive Financial Report - Brown Edwards - John Aldridge Mr. Light read the proposed Resolution 1460 and it was noted that a number of localities were including a small number of items on their Legislative Agendas. This resolution will be shared with Salem's Representatives in the Virginia General Assembly expressing Salem City Council's official position on matters holding importance. Council discussed the various points included and questions were asked. The final consensus was that the resolution would be presented as proposed in the Regular meeting this evening. Ms. Jordan distributed for Council's review a copy of the proposed Capital Reserves policy. She explained that smaller Capital projects are generally taken from the Operating Fund, funds are borrowed for larger projects, and this policy is geared toward mid-level projects. In addition, Ms. Jordan gave some examples of types of projects that would be included in each level of Capital project. She shared the formula included in the proposal for calculating the Capital Reserve fund balance. The practice of the City of Salem is to keep six months of reserves. Council was asked to review the proposal and give feedback to Mr. Light or Ms. Jordan and to bring this to Council in the early part of 2024 for adoption. John Aldridge, with Brown Edwards, stated that he had met with the Audit- Finance Committee on Friday, December 8, and he went over the Annual Comprehensive Financial Report in detail. The state requires that the audit be presented in a public meeting and approved before being certified and filed with the state prior to December 15. The City of Salem received a clean report. He noted that this includes the Salem City Schools and the Economic Development Authority. He shared detailed explanations of specific items throughout the report. He noted one finding related to State funds that has been resolved. Mr. Wallace pointed out that there were some very interesting statistics included in the last few pages of the report and requested that Mr. Aldridge make note of the plan for Reserve funds for the citizens present at the Regular meeting this evening. 3. Adjournment There being no further business, Mayor Turk adjourned the meeting at 6:20 p.m. REGULAR SESSION 1. Call to Order A regular meeting of the Council of the City of Salem, Virginia, was called to order at 6:30 p.m., there being present the following members to wit: Renée Ferris Turk, Mayor; James W. Wallace, III, Vice-Mayor; Councilmembers: Byron Randolph Foley, William D. Jones, and H. Hunter Holliday; with Renée Ferris Turk, Mayor, presiding together with Rob Light, Interim City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Chuck Van Allman, Director of Community Development; Mike Stevens, Director of Communications; and Jim Guynn, City Attorney. 2. Pledge of Allegiance 3. Bid Openings, Awards, Recognitions Jim Wallace motioned to add item 6M to the agenda for this evening. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace 4. Consent Agenda A. Citizen Comments Comments from the public, limited to five minutes, on matters not already having a public hearing at the same meeting. Ronald Thompson, 1000 West Riverside Drive, addressed Council along with his son, Matthew Thompson. Matthew distributed a copy of a letter from the City Attorney to an attorney who has been assisting Mr. Thompson for Council to review. Mr. Thompson requested to know if there was any chance of enlisting the City's help in dealing with issues on his property caused by drainage and erosion. He reviewed the details of the process and history of his situation for Council. His son, Matthew, also spoke and shared concern about the conditions on the property from erosion and the condition of the hill behind the house. Mr. Jones said that he would come by and look at the situation. Mayor Turk asked if Mr. Guynn or Mr. Van Allman had been able to review the information involved with this. Mr. Van Allman noted that he had worked with City Manager Taliaferro on this and that this began prior to his employment with the City. He was informed that the berm was still in place, with trees growing in the berm, and that this was resolved. Mayor Turk indicated that she had seen pictures of this on GIS and it appeared that the berm was still in place. She noted again that Councilman Jones will be going to the property to see what the situation is. She asked Mr. Thompson what year he built the barn. Mr. Thompson replied that he built his barn in 1992. He added that he had also put the road in and until about six years ago when the neighbor removed the berm, he had not had to add any gravel. He added that he has to keep gravel on hand now for ongoing repairs and that at times through the year the house is unable to be accessed. Mayor Turk noted that because this is a private road this comes down to the ownership. Matthew Thompson concurred but added that they felt that the City had allowed the neighbor to remove soil and erosion measures that were mandatory for construction and that the City bore some responsibility because of the easement. Mayor Turk asked if there were any further details that they needed to be aware of. Mr. Guynn indicated that prior to writing the letter he had spoken with the City Engineer and the City Manager and the conclusion that was reached was that this was not a City issue. Mayor Turk stated that Mr. Jones would look into this and visit the property to assess, but at this point with the information in hand, it appears that this was a situation between two property owners. Mr. Thompson noted again the details of the easement not being recorded and paperwork being lost and beseeched Council for help. Mayor Turk restated that Mr. Jones would come look at the situation and that if this were a matter between two property owners it would be between them to work out. Matthew Thompson stated that the problem was that the easement belonged to the City of Salem and that it was the City's responsibility to maintain it. Mr. Thompson interjected that actually this was the responsibility of the Homeowner's Association, but that because the City did not record the berm and holding pond on his deed, all that had been done was that the homeowner had leveled his yard and that there was no proof on his deed or land plot that reflected the original situation. Mayor Turk requested that they give Mr. Jones a chance to go look at the situation and come back to review the information with Council and City Staff. Mayor Turk noted that some new Police Officers were with us that she had missed recognizing at the beginning of the meeting. She requested that they stand and introduced themselves. Officer Gardner, Officer Ingordino, and Field Training Officer Pinkston from the Salem City Police Department introduced themselves. Council expressed appreciation to the Officers for working for the City of Salem to protect our citizens. Mayor Turk told them that they were free to leave if they were on duty. John Breen, 142 Bogey Lane, shared with Council that a survey is "a chief primary research method for garnering valid and measurable community feedback" and noted characteristics that he felt were part of effective surveys. He noted observations that he had made in relation to the Survey that had been drafted as part of the process for the Comprehensive Plan that is currently in progress. He expressed concern of specific weaknesses that he saw with this survey's validity, clarity, key information, and usefulness. He included for Council a copy of a survey created by Roanoke College's Institute for Policy and Opinion Research for Council's review. Mr. Breen requested that Council "engage the Institute to review the City's survey and to ascertain what would constitute a more useful and statistically valid survey." Emily Paine Carter, 335 N. Broad Street, noted that the first item on Salem's Mission Statement is preservation. She reiterated some of the previously expressed concerns of citizens regarding the potential development of Hope Tree property: traffic and speeding, sewage and water problems, pollution, loss of charm and historic value, and additional services that would be required. She also noted the mental and physical values of greenspace. She requested that Council carefully consider all sides of the situation before making any decisions. Lisa Chappell Miller, 405 Apperson Drive, was the last citizen to address Council this evening. She shared some of the recent home sales in Salem that she had facilitated and what all but one of these buyers were looking for in Salem: single- family living with the possibility of creating a multi-generational home with a nice outdoor space to enjoy. These experiences have caused her to reflect on zoning and the Comprehensive Plan. She expressed that currently, Salem's zoning does not allow for some of the alternative housing that people are looking for. She noted that the Code should be allowing for Accessory Dwelling Units (ADUs) on properties large enough to accommodate them, and separate utility hookups for those units when it makes sense to do so. She also indicated that Salem should be allowing homeowners to create living space in their homes for aging parents or adult children and should be allowed to have a kitchen and bathroom on the same floor. If this space is not being used by a family member, the owner should be able to rent it, especially in a college town. She also indicated that consideration should be given to allowing short-term rentals, or Air BnBs in areas consistent within walking distance to amenities, not in the middle of a neighborhood. She applauded the new development evolving at Valleydale. In addition, concern was expressed about the affordability of some rental options and that there is a shortage of affordable housing that people are searching for in Salem. She asked that Council slow down the process and take a look at the needs of the citizens before making decisions on the redevelopment of Hope Tree. She noted that a petition was being circulated and that the overdevelopment of one of Salem's last natural spaces in an established, historic neighborhood and adding businesses, restaurants, and a hotel, while eliminating green spaces seemed counterintuitive. B. Minutes Consider acceptance of the November 27, 2023, Regular Meeting minutes. The minutes were approved as written. 5. Old Business A. Amendment to the City Code - Chapter 66 Signs Consider adoption of ordinance on second reading amending Chapter 66, Article I, In General, Section 66-7, Nonconforming signs and 66-9, Removal of signs no longer advertising existing bona fide business, of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to signs. (Approved on first reading at the November 27, 2023, meeting.) Mr. Van Allman stated that no correspondence had been made available to him concerning any change or of a positive or negative nature. William Jones motioned to adopt on second reading ordinance amending Chapter 66, Article I, In General, Section 66-7, Nonconforming signs and 66-9, Removal of signs no longer advertising existing bona fide business, of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to signs. H Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace B. Amendment to the City Code - Chapter 106 Zoning Consider adoption of ordinance on second reading amending Chapter 106, Zoning, Article II District Regulations, Sections 106-208.2, 106-214.2, 106- 216.2, and 106-218.2, pertaining to permitted uses; Section 106-216.3 pertaining to site development regulations; Article III Use & Design Standards, section 106-304.21 pertaining to short term rentals; section 106- 316.3 pertaining to accessory uses, residential; Article IV Development Standards, section 106-404 pertaining to parking requirements; and Article VI Definitions and use types, section 106-600 pertaining to definitions of the CODE OF THE CITY OF SALEM, VIRGINIA. (Approved at the November 27, 2023, Council meeting except Section 106-406.25 which was continued until the March 25, 2024, Council meeting.) William Jones motioned to adopt ordinance on second reading amending Chapter 106, Zoning, Article II District Regulations, Sections 106-208.2, 106-214.2, 106- 216.2, and 106-218.2, pertaining to permitted uses; Section 106-216.3 pertaining to site development regulations; Article III Use & Design Standards, section 106- 304.21 pertaining to short term rentals; section 106-316.3 pertaining to accessory uses, residential; Article IV Development Standards, section 106-404 pertaining to parking requirements; and Article VI Definitions and use types, section 106-600 pertaining to definitions of the CODE OF THE CITY OF SALEM, VIRGINIA. Randy Foley seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace C. Amendment to the City Code - Chapter 74 Streets, sidewalks and other public places Consider adoption of ordinance on second reading amending Chapter 74, Streets, Sidewalks, and Other Public Places, Article IV, Numbering of houses and buildings, Section 74-101(c) pertaining to assigning addresses, and Section 74-103 pertaining to placing of address numbers, of the CODE OF THE CITY OF SALEM, VIRGINIA. (Approved on first reading at the November 27, 2023, meeting.) Randy Foley motioned to adopt on second reading ordinance amending Chapter 74, Streets, Sidewalks, and other Public Places, Article IV Numbering of houses and buildings, section 74-101(c) pertaining to assigning addresses, and Section 74-103 pertaining to placing of address numbers of the CODE OF THE CITY OF SALEM, VIRGINIA. H Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace D. Amendment to the City Code - Chapter 94 Nuisance Ordinance Consider adoption of ordinance on second reading amending Chapter 94, Nuisances, Section 94-3, Declaration of nuisances; abatement required, of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to trees. (Approved on first reading at the November 27, 2023, meeting.) Randy Foley motioned to adopt on second reading ordinance amending Chapter 94, Nuisances, Sections 94-3, Declaration of nuisances; abatement required, pertaining to trees of the CODE OF THE CITY OF SALEM, VIRGINIA. H Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace 6. New Business A. Annual Comprehensive Financial Report Presentation of the Annual Comprehensive Financial Report for the year ended June 30, 2023. Audit - Finance Committee Vice-Mayor Wallace invited Mr. Aldridge forward to comment on the Annual Comprehensive Financial report for the past year. John Aldridge, Brown Edwards, noted that the audit process begins in May and ends at the end of November. It is required by State Code that the Audit results be presented in a public meeting. He indicated that this report included the City of Salem, The EDA, and the Salem School System. Mr. Aldridge reported that an unmodified or clean opinion was issued, which was as good as it gets. He noted that they had to test the City's compliance with Federal expenditures and the City was found to be in compliance with all programs that were tested. Mr. Aldridge also noted that, as discussed previously, over the past years, through prudent management, a General Fund balance had been built up that has about nine months of Reserves. He indicated that about six months should be kept. He applauded Salem for looking at this and developing a plan. The plan will be to start setting aside funds for Capital projects. This would enable the City to avoid taking on debt for some large projects, and, if a project were small enough, funds could be taken out of the General Fund. He stated that this would enable Salem to continue to strengthen their financial position. Mr. Aldridge thanked Rosie Jordan and staff for their hard work and noted that the Finance staff puts this report together where previously Brown Edwards did the entire report. Mayor Turk noted that they had been able to speak with Mr. Aldridge in Work Session and ask questions. Council thanked Mr. Aldridge and Ms. Jordan and staff for all the work in putting this report together. Mr. Wallace shared for the citizens benefit that the City was very healthy financially and in a very strong position that they could feel comfortable with. The report was received by Council. B. Appropriation of Funds Consider request to appropriate additional RSTP funding and local funding for the Elizabeth Campus Greenway. Audit - Finance Committee James Wallace motioned to accept the additional Regional Surface Transportation Program funds of $996,861 and to appropriate $996,861 to the Capital Projects Federal Grants revenue account and to the Elizabeth Campus Greenway account. Also, to appropriate $151,317 to the Capital Projects Transfer from General Fund account and to the Elizabeth Campus Greenway account. In addition, appropriate $151,317 to the General Fund Designation of Beginning Fund Balance account and to the Transfer To Capital Projects account. Additional funds were required in addition to those appropriated in March 2020 due to significant inflation subsequent to the original appropriation. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace C. Appropriation of Funds Consider request to accept and appropriate the FY24 Staffing Recognition Grant from Virginia 911 Services Board. Audit - Finance Committee James Wallace motioned to accept the $47,500 grant from the Virginia 911 Services Board for one-time bonuses to telecommunicators and appropriate $47,500 in state grant revenue, Police State Grants account. Increase the expenditure budget for Communication Center’s full-time salaries account by $45,000 and part-time salaries account by $2,500. These funds will be used to provide full-time telecommunicators and PSAP supervisors a one-time bonus of $2,500 and part-time telecommunicators a one-time bonus of $1,250. No local match is required. Randy Foley seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace D. Appropriation of Funds Consider request to appropriate additional Smart Scale Funding and local funding for Downtown Improvements. Audit - Finance Committee James Wallace motioned to accept the additional Smart Scale funding of $366,012 and appropriate $366,012 to the Capital Projects Federal Grants revenue account and to the Downtown Improvement – E Main St/Market St to Thompson expenditure account. In addition, appropriate $1,444,796 to the Capital Projects Transfer from General Fund account and to the Downtown Improvement – E Main St/Market St to Thompson expenditure account. Also, appropriate $1,194,796 to the General Fund Designation of Beginning Fund Balance account and to the Transfer To Capital Projects account. Additional funds were required in addition to those appropriated in March 2020 due to significant inflation subsequent to the original appropriation. The additional Smart Scale funding and local funding will allow the City to complete a portion of the streetscape and intersection improvements in Downtown from Market Street to Thompson Memorial. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace E. Appropriation of Funds Consider request to accept and appropriate the FY24 Enterprise GIS Software Grant form Virginia 911 Services Board. Audit - Finance Committee James Wallace motioned to accept the $3,000 grant from the Virginia 911 Services Board and appropriate $3,000 in the Police state grant revenue account to support GIS software needs. Increase the expenditure budget for Communication Center’s state grant account by $3,000. No local match is required. William Jones seconded the motion. F. Appropriation of Funds Consider request to re-appropriate funding for a Building Inspections vehicle. Audit - Finance Committee James Wallace motioned to re-appropriate fund balance of $35,000 to the Designation of Beginning Fund Balance account and the Motor Vehicles and Equipment account for Building Inspections to purchase a vehicle approved and ordered in FY23 for which the dealer was unable to fulfill the order. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace G. Appropriation of Funds Consider request to appropriate General Fund reserves for streetscape improvements for the development at the former Valleydale Plant. Audit - Finance Committee As part of the performance agreement between the City of Salem, the Economic Development Authority of the City of Salem, and Valleydale Catalyst LLC, the City agreed to spend up to $1,500,000 for streetscape and related utility improvements to support the development at the former Valleydale Plant. Mr. Wallace noted that the City expects to recover all of it as the Valleydale development progresses and the City starts to receive taxes, etc. James Wallace motioned to appropriate $1,500,000 to the Designation of Beginning Fund Balance account and to the Transfer to Capital Projects account in the General Fund. Also, appropriate $1,500,000 to the Transfer from General Fund account and to the Valleydale Streetscape Improvements account in the Capital Projects Fund. Randy Foley seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace H. Appropriation of Funds Consider request to amend the School Operating Fund and School Grants Fund budgets as approved by the School Board on November 14, 2023. Audit - Finance Committee James Wallace motioned to approve the School Board’s appropriation changes of $322,131 to the Operating Fund and $1,222,014 to the Grants Fund, as amended at the November 14, 2023, School Board meeting. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace I. Appropriation of Funds Consider request to amend the School Operating Fund, School Grants Fund, and School Cafeteria Fund budgets as approved by the School Board on October 10, 2023. Audit - Finance Committee James Wallace motioned to approve the School Board’s appropriation changes of $44,234 to the School Operating Fund, $747,769 to the School Grants Fund, and $4,306 to the School Cafeteria Fund, as approved by the School Board at their October 10, 2023, School Board meeting. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace J. Abstract of Votes Receive the Abstract of Votes cast at the General Election held on November 7, 2023. Mayor Turk noted that no action was required, and that Council accepted the Abstract of Votes. K. 2024 Legislative Package Consider adoption of Resolution 1460 adopting a Legislative Program for the 2024 session of the Virginia General Assembly and petitioning the General Assembly to favorably consider the issues and topics addressed herein. Mayor Turk noted that over the past six weeks, Council had discussed different topics that they felt were important for the General Assembly, our delegates, and our senators to support. Council has had several meetings with our representatives and the list has been reduced to be consistent with what some of the other localities are suggesting. Mayor Turk asked Mr. Wallace to read the list of priorities and he read the list from Resolution 1460. Mr. Wallace noted that these six items are what Council considered important for our local goals were: 1) Support and promote efforts for funding to enable runway extension and other improvements for the Roanoke-Blacksburg Regional Airport. 2) Support and direct funding towards expansion of the Catawba Hospital. 3) Commitment to transportation projects in the region including the widening of all north and south lanes of Interstate 81 from Christiansburg to Daleville and additional funding necessary to adequately maintain and repair roads in the City. 4) Reverse legislation passed in the 2021 General Assembly regular session that requires localities to hold local elections in November. 5) Consider positively, priorities and positions made by the Salem School Board. (See attached). 6) Carefully consider those recommendations set forth by the Virginia Municipal League in its 2024 Legislative Program. Renee Turk motioned to adopt the Legislative Program for the 2024 session of the Virginia General Assembly and petitioning the General Assembly to favorably consider the issues and topics addressed as read from Resolution 1460. H Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace L. City Manager Appointment Consider the appointment of a new City Manager and approval of an employment agreement between the City Manager of the City of Salem and the City of Salem. Mayor Turk thanked the Berkley Group for their assistance in the recruitment and interview process of the candidates who applied for the position of City Manager for the City of Salem. She noted that there were a number of applicants interested in the position and that the Berkley Grouped helped in narrowing these down to four that Council interviewed. She shared that Council was proud to announce that City Council would be hiring Chris Dorsey for the position of City Manager. He was present this evening, and Mayor Turk asked him to stand. Mayor Turk motioned to appoint Chris Dorsey as City Manager for the City of Salem. Randy Foley seconded the motion. Jim Wallace motioned to amend the motion to add the authorization of the Mayor to sign the employment agreement with Mr. Dorsey. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace City Council welcomed Mr. Dorsey. M. City Holiday Consider addition of Tuesday, December 26, 2023, as a City holiday for employees. Mr. Wallace clarified that Tuesday, December 26, 2023, was the date being referred to. Mayor Turk noted that this was a one-time addition for this year only. Mr. Light noted that the holiday trash collection schedule had already been posted and that this would not impact the holiday trash collection schedule. Renee Turk motioned to add December 26, 2023, as a City holiday this year for City employees. Randy Foley seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace 7. Adjournment Mayor Turk shared on behalf of Salem City Council that they wanted to wish everyone a very happy holiday season and quality time with family and friends. She encouraged citizens to shop locally. The meeting was adjourned at 7:25 p.m.