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HomeMy WebLinkAbout11/13/2023 - City Council - Minutes - RegularCity Council Meeting MINUTES Monday, November 13, 2023, 6:30 PM Work Session 5:45 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 November 13, 2023, at 5:45 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; Chuck Van Allman, Director of Community Development; Mary Ellen Wines, Planning and Zoning Administrator; Max Dillon, Planner; Larado Robinson, Director of the Water/Sewer Department; Crystal Williams, Assistant to the City Manager; Laura Lea Harris, Deputy Clerk of Council; Joe Paxton, Executive Manager with the Berkley Group; 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) Follow up discussion on items from September 25, 2023, Work Session As a follow up to items from the September 25, 2023, Work Session, Mary Ellen Wines, Planning and Zoning Administrator, gave a presentation. She noted that Community Development had done further research on items from the September meeting. She shared the following options for addressing property clean up in the City of Salem: spot blight abatement, creation of Salem's own Maintenance Code; adoption of the exterior sections of the International Property Maintenance Code, and the use of Vacant Property Registration. Each option was discussed, including any staffing requirements that would be needed, and questions asked and responded to. It was noted that Salem's rental inventory is approximately 40 to 45% of its residential inventory. Mr. Van Allman noted that some consideration should be given to the Fire Marshal and the Police Department. Enforcement of existing City Code Sections 30 -5 and 30-7, 30-6, and 86-471 through 86-476 was discussed. An all-inclusive definition of "Clutter" was provided and discussed. A more streamlined definition that had been adopted by Wytheville, Leesburg, and Radford was presented. It was noted that Blacksburg has a similar definition, and that Roanoke has not defined the term. Current results to the Comprehensive Plan Survey question "How do you feel the properties such as the one above (with a picture included of a property that could be considered with this term) should be addressed?" were shared. Community Development requested clear direction from Council that will be referenced and supported as efforts to address these issues progress. The question was raised about the current status of vehicles parking in yards. Staff is in the process of scheduling a meeting with staff, Community Development, and the Police Department. Staff will follow up with Council once this meeting has been held. The Mayor requested that a copy of the PowerPoint presentation from this evening be sent to Council and they will communicate back with Community Development once they have been able to review this information. Discussion was also held about the importance of offering and working with resources to assist those that need financial assistance to be able to meet the requirements of the Code. 3. Adjournment There being no further business, the meeting was adjourned at 6:22 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; Larado Robinson, Director of the Water/Sewer Department; and Jim Guynn, City Attorney. 2. Pledge of Allegiance 3. Bid Openings, Awards, Recognitions Mayor Turk recognized the following members of the Greenway Commission: Frank Maguire, Roanoke Valley Greenway Coordinator; Russ Craighead, Dee King, Skip Lautenschlager, and Steve Powers. She thanked them for their service on the Greenway Commission. Vice-Mayor Wallace motioned to amend tonight's agenda to add a Closed Session to discuss a personnel matter. 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. Chris McCart, 316 North Broad Street, addressed Council in opposition to proposed rezoning of the Hope Tree property. She had shared pictures and comments by email prior to the meeting for Council's review and noted that she had met with some members of Council and done research since the last meeting she spoke at. Dr. McCart shared statistics from the Balzer traffic narrative found in the Freedom of Information Act (FOIA) material and in published works by traffic engineers on traffic numbers for the neighborhood both with and without a change in zoning. She expressed concern about the impact on quality of life and home value. She requested that the City put in place measures to slow the traffic in neighborhoods. She shared pictures of an example of a raised crosswalk and of a neighborhood sign on the middle of an island in the middle of the road. Dr. McCart urged Council as they vote on a potential Hope Tree rezoning request to think about preserving historic neighborhoods, safety on neighborhood streets, and what is best for the majority of Salem and its downtown area. She requested City Council to vote no to any rezoning proposal for the Hope Tree property. Mark Nayden, 352 North Broad Street, expressed concerns about potential future development on the Hope Tree property. He referenced Salem's current Comprehensive Plan, specifically referencing goals for the downtown area, new housing construction, encouraging redevelopment that is compatible with existing and planned residential areas, and preserving existing vegetation and open spaces. He stated that "developers should have incentives in exchange for the permanent preservation of open spaces incorporated as part of a new development." He expressed concern that the preliminary plans for the Hope Tree property do not meet this objective. He also shared the desire to see citizens of Salem, including those in Roanoke County, included as part of the process. Mr. Nayden expressed concern at the possibility of allowing a residential property to become mixed-use with such close proximity to Main Street. He did note that he felt a housing development could make sense on that property. He shared the hope that Salem would not allow for overdevelopment and expressed concerns about potential traffic, sewage, and drainage issues. He asked that Council consider the goals of preserving as much as possible the scenic landscapes and quality of life that is found in Salem as well as potential impacts on existing neighborhoods and surrounding properties. He requested that his comments be entered into the public record. John Breen, 142 Bogey Lane, expressed compliments to Council for recent Joint meetings that were held with various public bodies that provided opportunities to share information and concerns. He shared concerns about Code enforcement and ongoing violations of City Code. He gave examples of ongoing cases of Code violations from the Zoning and Building Department's Case listing reports. He specifically referred to blight, dilapidated structures, junk vehicles, and unsightly buildings and conditions. He expressed concern about the potential resulting negative impact on property values. Mr. Breen noted that the Case files indicate that violation complaints are overwhelmingly citizen generated. He expressed concern that Code violations are not timely and effectively enforced. He noted concern at waiting twelve to eighteen months for a Comprehensive Plan update to enact comprehensive Code improvements and enhanced Code compliance and enforcement strategies. James Reinhard, 213 North Broad Street, was the last citizen to address Council this evening. He shared that he and his family had lived in their home at this address for three decades. He expressed that they had been able to have a career in which they could choose where they wanted to live and that they had chosen Salem because it did not have crime, sprawl, and traffic as well as the fact that it did have excellent schools, history, charm, peace, natural beauty, and green spaces. Dr, Reinhard noted that he had been a Board-certified Psychiatrist for almost forty years and that he wanted to speak on mental health in Salem. He referenced an article in the November issue of the American Psychiatric Association's Psychiatric News and quoted Peter James, a professor at Harvard's School of Public Health, on the link between exposure to green space and mental health. He cited another 2019 Danish study relating an association between exposure to green space during childhood and a lower risk of psychiatric disorders later in life; referenced the preservation of Rock Creek Park, in Washington, D.C.; and noted how many progressive cities are working to preserve green spaces. In addition, Dr. Reinhard ended by sharing from an article in The Roanoke Times in which details were given on the preservation of an 850-acre sized section of the view from McAfee Knob by the Appalachian Trail Conservancy. He appealed to Council to have vision and to consider preservation of green space in Salem. Mayor Turk noted the link on the Website and encouraged citizens to use this to offer input toward the development of the Comprehensive Plan. B. Minutes Consider acceptance of the October 23, 2023, Work Session and Regular Meeting minutes. The minutes were approved as written. 5. Old Business A. Amendment to the Zoning Ordinance Consider adoption of ordinance on second reading for the request of Crystal Lowery, property owner, for rezoning the property located at 1000 Blk Ohio Ave (Tax Map # 197-1-15) from HM Heavy Manufacturing District to RSF Residential Single-Family District. (Approved on first reading at the October 23, 2023, meeting.) Randy Foley motioned to adopt ordinance on second reading for the request of Crystal Lowery, property owner, for rezoning the property located at 1000 Blk Ohio Ave (Tax Map # 197-1-15) from HM Heavy Manufacturing District to RSF Residential Single-Family District. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace 6. New Business A. Water Rates Consider ordinance on first reading to amend Chapter 90, Article IV Division 2, Section 90-257 of the City Code to adopt water rates for fiscal years 2024 - 2028. - Audit-Finance Committee Larado Robinson, Director of the Water/Sewer Department, explained Items 6A, 6B, and 6C on tonight's agenda. The City hired a consultant, TRC (formerly Draper Aden Associates), that has performed a Water and Sewer Rate Study and has provided recommendations for rate changes for the next five years. Rate changes include water and sewer base rates, volume rates, connection fees, and availability fees. He noted that the City had not had a rate change since January, 2021. During that time, inflation has escalated, which has had an impact on cost to produce clean water and maintain the water and sewer systems for Salem residents and businesses. He explained that cost increases affect the City's ability to maintain our expected level of service, meet regulatory requirements, address aging infrastructure needs, and protect the public health. The ordinance coming before Council this evening proposes for water and sewer rates to increase beginning January 1, 2024, and every year thereafter, through 2028 as follows: Water rates will increase by 7% in the first two years and then drop to 3% for the final two years; Sewer rates will increase by 3% each year. He gave examples of what this would mean to a typical home. Mr. Robinson explained that the increase in funds was necessary due to the increase in Operational Costs to keep pace with inflation and costs, to fund Capital Improvements (one of which is water plan infrastructure and improvements including the full development of two additional wells to increase the raw water supply to the City), and for the replacement of aging equipment to keep the level of service up. Specifically mentioned were the replacement or rehabilitation of the Franklin Street tank and the Mason's Creek Interceptor sewer line. Since the last rate increase, chemical costs to treat the water has doubled and material costs are up between 100 to 150%. Mayor Turk thanked him for the explanation and for the breakdown on rates of what this would mean to citizens. Council thanked Mr. Robinson for all of his work to compile this information. James Wallace motioned to adopt ordinance on first reading to amend Chapter 90, Article IV Division 2, Section 90 -257 of the City Code to adopt water rates for the years 2024-2028. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace B. Sewer Rates Consider ordinance on first reading to amend Chapter 90, Article IV, Division IV, Section 90-303, Subdivision I of the City Code to adopt changes pertaining to charges for sewage disposal for fiscal years 2024-2028. Audit - Finance Committee James Wallace motioned to adopt ordinance on first reading to amend Chapter 90, Article IV, Division IV, Section 90-303, Subdivision I of the City Code to adopt changes pertaining to charges for sewage disposal for the years 2024-2028. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace C. Water and Sewer Disposal Rates & Charges Consider ordinance on first reading amending Chapter 90, Article III, Division 2, Subdivision I, Sections 90-74 and 90-128 pertaining to water and sewer disposal and rates and charges for fiscal years 2024 - 2028. - Audit-Finance Committee James Wallace motioned to adopt on first reading ordinance amending Chapter 90, Article III, Division 2, Subdivision I, Sections 90 -74 and 90- 128 pertaining to water and sewer disposal and rates and charges for the years 2024-2028. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace D. Appropriation of Funds Consider request to appropriate donations received from Deggeller Attractions. Audit - Finance Committee Each year Deggeller Attractions donates approximately $10,000 to the City for a community impact project. $7,600 from the prior year’s Fair donation and $7,500 from the current year’s Fair donation was given to the Fire Department to purchase an EMS cart. Mr. Wallace explained what an EMS cart is for the benefit of the public. The donation allows the City to purchase needed items that are not included in the current budget. James Wallace motioned to appropriate $7,600 in the Appropriated from Fund Balance account and appropriate $7,500 to the Fire Donation account. Increase the Fire Department’s Machinery and Equipment expenditure budget by $15,100. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace E. Appropriation of Funds Consider request to appropriate funds from the Library of Virginia. Audit - Finance Committee Each year, the Library of Virginia provides state aid to the Salem Public Library. The City was awarded more funding than was budgeted for fiscal year 2024 so the budget needs to be increased by $57,426 to account for the total State allocation. Additional grant funds will be used to purchase additional books and materials for the Salem Public Library. James Wallace motioned to appropriate $57,426 to the Library Grants In Aid State revenue account and to increase the budget for the Books and Subscriptions – State account by $57,426. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace F. Appropriation of Funds Consider request to amend the School Cafeteria Fund budget as approved by the School Board on September 12, 2023. Audit - Finance Committee Vice-Mayor noted that this is a housekeeping item for the School Board budget. James Wallace motioned to approve the School Board’s appropriation changes of $127,000 to the Cafeteria Fund as amended at the September 12, 2023, School Board meeting. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace G. Appropriation of Funds Consider request to amend the School Operating Fund, School Grants Fund, School Capital Projects Fund and School Reserve Fund budgets as approved by the School Board on October 10, 2023. Audit - Finance Committee Mr. Wallace noted that this is also a housekeeping item for the School Board. James Wallace motioned to approve the School Board’s appropriation changes of $10,000 to the School Operating Fund, $97,500 to the School Grants Fund, $199,448 to the School Reserve Fund, and $698,000 to the School Capital Projects Fund, as approved by the School Board at their October 10, 2023, meeting. Also, to approve the six-year Capital Improvement Projects Plan document submitted by the School Board. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace H. Appropriation of Funds Consider request to appropriate Water Fund net position. Audit - Finance Committee In fiscal year 2023, $1,020,000 was budgeted but not spent for infrastructure improvements. These funds were designated for the replacement of existing waterlines. Engineering was not completed prior to June 30, 2023, and therefore, we were not able to move forward with construction. Engineering is now complete and we desire to move forward with construction, using the funds that were allocated last fiscal year. Re-appropriating net position will allow work to proceed on infrastructure improvements. James Wallace motioned to re-appropriate $1,020,000 from the Water Fund net position and increase the budget in the Infrastructure Improvements account. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace I. 1243 West Riverside Drive Consider approval of a contract agreement to purchase 1243 West Riverside Drive, authorize the Interim City Manager to finalize and execute necessary documents, and authorize staff to appropriate an amount not to exceed $151,000 for the purchase price, closing costs, and demolition of the existing structure and stabilization of the site. - Audit-Finance Committee Mr. Jones noted that he would need to abstain from Item 6I as someone from his firm was part of the process of this transaction. Mayor Turk explained that this property would enable expansion of the Greenway and give the City Right-Of-Way to be able to help close the gap with that area. Mr. Foley noted that his as his wife was part of the Realty firm involved, that he would also need to abstain from this item. Mr. Wallace clarified that there were three parcels down on West Riverside Drive near the River Rock Restaurant that the City has been attempting to purchase or gather Right-Of-Way in order to extend the Greenway down in that area. This City now has the opportunity to purchase this important parcel for the completion of the Greenway. Mr. Light noted that this parcel is also encumbered in the floodway and that impacts what could be done with it. Mr. Wallace also shared that the house would be torn down and the lot graded and reseeded. Mayor Turk pointed out the importance of the Greenway for the citizens. Mr. Holliday made a clarification that the River Rock Restaurant was not a part of this transaction. Mayor Turk motioned to approve a contract agreement to purchase 1243 West Riverside Drive, authorize the Interim City Manager to finalize and execute necessary documents, and authorize staff to appropriate an amount not to exceed $151,000 for the purchase price, closing costs, and demolition of the existing structure and stabilization of the site. Vice - Mayor Wallace seconded the motion. Ayes: Holliday, Turk, Wallace Abstain: Foley, Jones Mayor Turk called forward Frank Maguire, Roanoke Valley Greenway Coordinator. Mr. Maguire shared a letter from both the Greenway Commission and Pathfinders for Greenways, the 501 (c)(3) Charitable arm. On behalf of the Greenway Commission and Pathfinders for Greenways, he thanked Salem for moving so quickly to acquire this property. The Board members for Pathfinders for Greenways and the Executive Committee of the Greenway Commission voted to donate $30,000 from the Bridge the Gap Fund, which was used to complete the Roanoke River Greenway, to help Salem with this effort. These funds may go towards closing costs or demolition as the City sees fit. He also noted that as Salem moves forward, they would entertain further requests. Council expressed appreciation for this contribution. J. Boards and Commissions Consider appointments to various boards and commissions. Mr. Foley motioned to appoint Tommy Miller to replace James Taliaferro for the remainder of a four-year term ending February 3, 2026, to the Western Virginia Regional Industrial Facilities Authority. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace Mr. Foley noted for the benefit of the public that Mayor Turk, Mr. Jones, and a few members of the Economic Development Authority met with those that were considered for this appointment. Mr. Jones stated that all three were excellent applicants and that he hoped they would apply for future openings on this board. Mayor Turk encouraged citizens to consider available vacancies on boards for service opportunities. William Jones motioned to appoint Joe Curran to replace Rob Robinson for the remainder of a four-year term ending December 14, 2024, to the Economic Development Authority. Renee Turk seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace 7. Closed Session A. Closed Session Hold a closed session in accordance with Section 2.2-3711 A(1) the 1950 Code of Virginia, as amended, to discuss a personnel matter, namely candidates for the position of City Manager. Jim Wallace motioned that in accordance with Section 2.2-3711 A(1) of the 1950 Code of Virginia, as amended, Council hereby convenes to closed session at 7:21 p.m. for the purpose of discussing a personnel matter, namely candidates for the position of City Manager. Randy Foley seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace It was noted that no action was anticipated this evening. James Wallace motioned to reconvene at 8:29 p.m. in accordance with Section 2.2-3712 D. of the Code of Virginia, 1950 as amended to date, Council 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. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace 8. Adjournment The meeting was adjourned at 8:29 p.m.