Loading...
HomeMy WebLinkAbout6/9/2025 - City Council - Minutes - Regular CITY COUNCIL AMENDED MINUTES Monday, June 9, 2025 at 6:30 PM Work Session, 6:00 PM Council Chambers Conference Room, City Hall, 114 North Broad Street, Salem, Virginia 24153 Regular Session, 6:30 PM, City Hall, 114 North Broad Street, Salem, Virginia 24153 WORK SESSION 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 June 9, 2025, at 6:00 p.m., there being present the following members of said Council to wit: Renée Ferris Turk, Mayor (participated remotely); Anne Marie Green, Vice- Mayor; Council members; Byron Randolph Foley, H. Hunter Holliday, and John Saunders (participated remotely); with Anne Marie Green, Vice-Mayor, presiding; together with Chris Dorsey, City Manager; Rob Light, Assistant City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Crystal Williams, Assistant to the City Manager; and Laura Lea Harris, Deputy Clerk of Council; and the following business was transacted; Vice-Mayor Green reported that this date, place, and time had been set in order for the Council to hold a work session; and 2. New Business A. Discussion Items Discussion of 2026 Legislative Agenda Process Mr. Light noted that Council had requested starting the 2026 Legislative Agenda process earlier than previous years. He shared a copy for Council's review of the past five Legislative Agendas adopted by Council and stated that the purpose of this Work Session was to determine what Council would like to do going forward. Discussion was held by Council on options for potentially meeting to hold discussion with legislators. Mr. Holliday volunteered to check on the availability of Salem's legislators. Discussion was also held on items to be included in this year's Legislative Agenda. 3. Adjournment There being no further business, Vice-Mayor Green adjourned the meeting at 6:25 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 (participated remotely); Anne Marie Green, Vice-Mayor; Councilmembers: Byron Randolph Foley, H. Hunter Holliday, and John Saunders (participated remotely); with Anne Marie Green, Vice-Mayor, presiding together with Chris Dorsey, City Manager; Rob Light, Assistant City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Chuck Van Allman, Director of Community Development; Clark Ruhland, Communications Specialist; and Jim Guynn, City Attorney. 2. Pledge of Allegiance Vice-Mayor Green requested that Mr. Light read requests from Councilman Saunders and Mayor Turk to participate remotely in this Council meeting. Mr. Light noted that Mr. Saunders asked him to read the following request on his behalf: "In accordance with Section 2.2- 3708.3 B(1) of the Code of the Commonwealth of Virginia and the Remote Participation Policy of the City of Salem, I hereby request to participate remotely due to a temporary medical condition." Mr. Light continued that Mayor Turk asked that he read the following request on her behalf: "In accordance with Section 2.2- 3708.3 B(4) of the Code of the Commonwealth of Virginia and the Remote Participation Policy of the City of Salem, I hereby request to participate remotely due to a personal matter, specifically that I am out of town." Randy Foley motioned to accept the remote participation statements of Mr. Saunders and Mayor Turk. Hunter Holliday seconded the motion. Ayes: Hunter Holliday, Randy Foley, Anne Marie Green Nays: None Abstaining: John Saunders, Renee Turk Vice-Mayor Green noted that she was going to be deviating from the agenda for a comment from Mr. Foley. Mr. Foley noted for the information of those present that he wished to recognize the life and service of Mr. Howard Packett, who died this past Saturday at the age of 92. He shared that Mr. Packett had served on City Council for 24 years and that he was Mayor from 2006 through 2008. He requested that a moment of silence be observed for his service to this community and the family. 3. Bid Opening, Awards, Recognitions A. Presentation of Certificate of Achievement for Accreditation - City of Salem Sheriff's Office Program Director Todd Clingenpeel for the Virginia Law Enforcement Professional Standards Commission and Roanoke City Sheriff Antonio Hash will present Sheriff Christopher Shelor, Accreditation Manager, Captain Jonathan Branson, and the entire Salem Sheriff’s Office staff the Certificate of Accreditation. This is the sixth certificate of achievement for the Salem Sheriff’s Office, an accredited agency since 2005. Vice-Mayor Green welcomed Todd Clingenpeel and Roanoke City Sheriff Antonio Hash and asked Sheriff Chris Shelor and other members of the City of Salem Sheriff's Office to come forward to receive the presentation. Todd Clingenpeel, Program Director for the Virginia Law Enforcement Professional Standards Commission, addressed City Council to recognize the Salem Sheriff's Office for achieving accreditation, an honor attained by only 110 out of 428 agencies in Virginia. The speaker shared personal reflections on the significance of the location and longstanding ties with the Sheriff's Office, including past leadership and service history. He highlighted the often unseen dedication and compassion of deputies, including handling mental health crises, transporting vulnerable individuals, and providing care in critical situations. He emphasized the professionalism, integrity, and accountability of the office, as noted by independent assessors who reviewed 192 standards and over 500 compliance bullet points. The assessors commended the agency’s commitment to service and high operational standards. The speaker expressed pride in the office’s achievements and introduced Sheriff Hash from Roanoke City, a commissioner, to offer additional remarks. Roanoke City Sheriff, Antonio Hash, serving as a commissioner of the Virginia Law Enforcement Professional Standards Commission (VLEPSC), addressed City Council to formally present the Salem Sheriff's Office with its sixth accreditation award. Sheriff Hash commended the department’s leadership and staff, noting that excellence in leadership is reflected in the performance and professionalism of the entire team. He emphasized that accreditation is not given lightly but earned through rigorous adherence to state standards. The Salem Sheriff's Office was recognized for not only meeting but in some cases exceeding those standards. Sheriff Hash presented the certificate, which confirms that the office was officially accredited on May 29, 2025, for a four-year term. Sheriff Hash noted that this was the sixth certificate of achievement for the Salem Sheriff's Office. He closed by acknowledging the dedication, teamwork, and daily hard work of the department in serving the community and maintaining professional law enforcement standards across the Commonwealth. Salem Sheriff Chris Shelor expressed appreciation to Program Director Todd Clingenpeel, Sheriff Hash, the Virginia Law Enforcement Professional Standards Commission, and the board for their support in the accreditation process. He acknowledged that the success of the Salem Sheriff's Office stems from the dedication of current staff and those who served before him. Sheriff Shelor gave special recognition to Captain Branson for his significant contributions throughout years two through four of the accreditation process, and to Todd Clingenpeel for leading the first year. He noted the office’s ongoing commitment to collaboration with the City of Salem in the future. Vice-Mayor Green noted that law enforcement accreditation is important for the entire City and expressed appreciation and congratulations to the Salem Sheriff's Office. Mike Stevens took pictures of Council with those present for the presentation. 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. Ralph Claussen, 827 Marston Street, expressed concerns about shifts in the culture and academics of Salem City Schools. He urged stronger policies to ensure student safety and uphold academic standards, and advocated for increased parental involvement in curriculum decisions, including advance notice and opt-out options for assigned reading materials. He called for continued collaboration among city leaders, educators, and parents, and offered his support in promoting positive change for students. Cynthia Munley, 425 Roanoke Boulevard, reiterated concerns about the environmental and public safety risks posed by the Mountain Valley Pipeline (MVP), particularly its proximity to Salem’s critical infrastructure and water sources, despite the pipeline not crossing Salem city limits directly. She criticized past decisions by local and state officials and highlighted potential future harm. The speaker urged renewed collaboration with citizens to protect Salem’s water quality and environmental future. John Breen, 142 Bogey Lane, raised concerns regarding the City’s handling of property acquisitions and sales, citing insufficient due diligence in a 2022 land purchase. He also referenced the 2016 sale of 630 Union Street, asserting it was not properly marketed, sold below value, and that the buyer failed to meet development deadlines. Mr. Breen urged the City to exercise its option to repurchase the Union Street property due to unmet development commitments and called for stronger protections, transparency, and accountability in future transactions. Stella Reinhard, 213 N. Broad Street, congratulated the City on its recent downtown mural, noting its contribution to community identity and long -term economic development. She emphasized the importance of elections, referencing recent candidate forums. She encouraged open dialogue on key issues, supported the timely implementation of policy changes, and advocated for greater transparency, specifically suggesting that two-by-two meetings and Council Work Session meetings be recorded or livestreamed. B. Minutes Consider acceptance of the May 27, 2025, Special Meeting Closed Session and the May 27, 2025, Regular Meeting minutes. The minutes were approved as written. 5. Old Business There was no old business this evening. 6. New Business A. Amendment to the Zoning Ordinance Hold a public hearing and consider ordinance on first reading for the request of Riverland Oaks, LLC, property owner, to rezone the property located at 19 Carey Avenue (T/M# 83-1-11) from RSF Residential Single-Family District to RB Residential Business District with proffered conditions. (Advertised in the May 22 and 29, 2025, issues of Cardinal News.) (Planning Commission recommended approval by a 5-0 vote.) Vice-Mayor Green asked Mr. Van Allman if he had any information to add this evening. Mr. Van Allman responded that he had no new information to add this evening. Vice-Mayor Green opened the public hearing and explained the process that would be used for the speakers this evening. Vice-Mayor Green asked if the petitioner would like to come forward and make a statement first. Patrick Snead, 302 Live Oak Court, spoke on behalf of Riverland Oaks, LLC, regarding a request to rezone 19 Carey Avenue from Residential Single -Family District to Residential Business District to match the adjacent parcel at 114 Brand Avenue, which is already zoned RB. He stated the intent is to combine the two lo ts to allow for a cohesive townhome development, rather than a disjointed mix of housing types. Snead acknowledged existing neighborhood concerns about stormwater and invited project engineer Chris Burns (Balzer & Associates) to address technical aspects. He emphasized the company's commitment to high-quality construction and ongoing maintenance, citing prior successful projects in Salem. Vice-Mayor Green requested that Mr. Snead address the offered proffers before leaving the podium. Mr. Snead noted that, if approved, the only use for the property would be townhomes. In addition, access would only be off Brand Avenue, and there would be no access from Carey Avenue. Chris Burns, Balzer & Associates, provided additional context regarding stormwater concerns related to the proposed rezoning of 19 Carey Avenue. He acknowledged existing drainage issues in the area, noting that the site includes part of a neighborhood low spot. He clarified that these issues cannot be resolved solely through the proposed development and require broader City involvement. Burns stated that, regardless of zoning outcome, stormwater management will be addressed during the site plan phase. He noted ongoing collaboration with City staff and a separate contract to study and propose solutions, expressing confidence that a viable solution is achievable. He further suggested that a unified townhome development would allow for a more cohesive and effective stormwater design compared to a mixed residential layout. Councilman Foley asked for the public's benefit how many units they are anticipating. Mr. Burns responded that the current RB parcel could be developed to six townhomes and the current RSF parcel could be developed as two single -family homes. Thus, as currently zoned, eight units could be built. They are requesting to build ten and they would be roughly the same size as the eight that could currently be built. City Manager Dorsey asked Mr. Van Allman to speak about the stormwater issues that Mr. Burns had addressed and specifically, public land versus private land and legally what the City can and cannot do. Mr. Van Allman addressed stormwater issues near Carey Avenue, noting that water accumulates in low-lying areas and threatens the structural integrity of the public roadway. He stated that the City is responsible for maintaining the road and plans to install infrastructure to improve drainage along Carey Avenue. This system will be designed to accommodate future development and provide connection points for additional drainage solutions. He emphasized that while the City cannot perform work on private property, improvements within the public right -of-way will help mitigate water retention, protect the roadway, and offer a framework for broader neighborhood drainage relief. Mayor Turk asked to clarify that, for the situation the City is responsible for, the City will be providing a way to drain water coming down the road so that citizens would be able to tap into that to drain the water out of their property. Mr. Van Allman confirmed that this was correct. He added that the intention was, if anything is developed in that location, to provide a convenient method for them to be able to reach one of the inlets on City property and tie into it to drain. He indicated that the problem was that the soil saturates and the water has no way of getting out. Mr. Van Allman noted that the City is obligated to maintain the integrity of the road, but that people would be able to take a yard drain and take it out to either a ditch or some method that flows into the City system, then it would flow out with the rest of the stormwater. Mayor Turk indicated that it was her understanding that when those homes were built, the developers had followed the Code at that time. Mr. Van Allman confirmed this. Mayor Turk asked Mr. Van Allman to confirm that the situation had worsened and the City is planning to provide a way for those owners to tie into the City system from their private property in order to help drain the water that continues to pool on their properties. Mr. Van Allman responded affirmatively and added that the current situation was a detriment to the road also and needed to be addressed on public property. The City would allow connections to this from private property. This is not saying that the City is responsible for issues on private property. Mayor Turk asked Mr. Van Allman to confirm that the City would not be going on private property to make any corrections on those properties. Mr. Van Allman confirmed this and repeated that the City does not do work on private property unless they have an easement to do so and that, even then, it would be only under almost emergency circumstances. Councilman Holliday asked Mr. Van Allman if he had a number of residents that were affected on Carey Avenue with water buildup in their yards, and if there was an estimate of the cost associated with them hooking up to the City. Mr. Van Allman indicated that he would not be comfortable giving an estimate. He noted that the main concern right now is to get the trunk line to drain the road. Councilman Holliday asked how many residents on Carey Avenue are affected by water standing in their yards. Mr. Burns asked for permission to respond to this question. He shared that there are most likely not a lot of properties that specifically have standing water, but that most of the properties are probably impacted in some way. He noted a mosquito problem. He indicated that if a stormwater system were installed up Carey Avenue that this issue would be solved. Councilman Holliday asked Mr. Burns if they would make sure that the new townhomes were connected to the drain. Mr. Burns responded that there was a timing aspect involved, and that all of this was contingent on the City system being in place when they proceed with development but that this would be the ideal scenario. Mr. Dorsey asked Mr. Burns if all of the houses on Carey Avenue that have water are below their site or just a few would be affected. Mr. Burns responded on the stormwater flow patterns near Carey Avenue, noting that the area generally drains toward Main Street but currently lacks a pipe system to support proper drainage. He explained that development downstream of the subject property has created barriers, trapping water in low areas. He emphasized that the proposed development presents an opportunity to work collaboratively with the City and the neighborhood to implement an effective drainage solution that benefits both the project and surrounding properties. Mr. Van Allman addressed the long-standing lack of consistent stormwater regulations for residential development, noting that past policies did not require stormwater planning or protections against foundation flooding. As a result, natural overland water flow has often been obstructed by construction or debris, leading to localized ponding. He emphasized that while the City cannot resolve these issues overnight, current efforts focus on protecting public roadways. Infrastructure improvements in public areas, such as along Carey Avenue, could also help alleviate broader neighborhood drainage concerns over time. Mayor Turk noted that Council wants to protect the citizens that live in that area and asked if tapping into whatever drainage system that the City puts in to remove water from the road surface would be enough to solve the problem. She asked Mr. Van Allman to explain how this was going to protect the citizens on that street. Mr. Van Allman responded that they are working with the project engineer to develop a watershed model for the area. The plan includes analyzing stormwater volume during various storm events and conservatively sizing drainage pipes to meet current and future capacity needs. The goal is to effectively convey stormwater to Main Street, in compliance with applicable standards. Staff emphasized that the City will meet the same requirements it sets for private developers. Mayor Turk asked to confirm that if what he was saying was that the size of the drainage pipe that would be used would be large enough to handle whatever runoff would be coming from those neighboring homes and coming down the street itself. Mr. Van Allman responded affirmatively. Mayor Turk asked if this would be able to handle greater storms and amounts of water in the future. Mr. Van Allman confirmed this and noted that there would be a limit on how much development could be done because of the amount of open land. Vice-Mayor Green called the first three speakers to the podium to speak. Nathan O'Kane, 934 Roanoke Boulevard, noted that he did not wish to speak on the public hearing but on another topic. It was clarified that this time was only reserved for speakers on the public hearing for this specific rezoning request but that he was welcome to email them with his comments. Dennis Dessureau, 108 Carey Avenue, shared pictures with Council of both the past and current situation on Carey Avenue. He spoke on behalf of neighbors to express concerns regarding a longstanding surface water runoff problem affecting multiple properties in the area. He warned that the proposed rezoning and future development could worsen flooding conditions if proper stormwater infrastructure is not implemented. The speaker urged the City to delay approval until a runoff solution is in place and the developer presents a plan that protects existing homes. Concerns included health risks, property damage, and lack of prior City action. Rebecca Horton, 419 Roanoke Boulevard, property owner of 112 Brand Avenue, expressed concerns that the proposed development could alter the grading and elevation of the site in a way that would increase stormwater runoff onto her pro perty, which has not experienced flooding in 14 years. She questioned whether planned drainage improvements focused on Carey Avenue would adequately address potential runoff impacts on neighboring Brand Avenue properties. The speaker requested that these concerns be considered in the development planning process. Christi Combs, 119 Carey Avenue, expressed concerns that proposed development could worsen existing stormwater issues affecting her property, which borders the site. While her home has not flooded in 21 years, water regularly pools in her yard near the property line. She noted that grading the development site could eliminate natural low areas that currently help manage runoff, potentially increasing flood risk. She also questioned whether any drainage infrastructure would be installed along the rear of the property and asked who would be liable for damages if nearby homes flood as a result of the development. Kenneth Griggs, 145 Carey Avenue, expressed ongoing concerns about flooding on his property during heavy rains, noting that water routinely reaches within 10 feet of his home and can take up to four weeks to recede. He reported water runoff from three nearby businesses and emphasized that stagnant water poses health risks due to excessive mosquito activity, making outdoor use of his property unsafe for his grandchildren. The speaker urged the City to take action, stating that drainage issues have persisted for over 30 years without resolution. Dynasty McNeill, 118 Carey Avenue, expressed concern over two issues: (1) Stormwater and Drainage: She emphasized long-standing flooding issues and inquired about the timeline for planned infrastructure improvements. Mr. Van Allman confirmed that plans are in progress to install stormwater infrastructure to protect the roadway, with provisions allowing homeowners to connect to the system at their own expense. She asked whether nearby businesses contributing to water runoff would be required to tie into the new system and was informed such connections would be voluntary and not mandated by the City; and (2) Rezoning and Neighborhood Character: Ms. McNeill also opposed the rezoning of 19 Carey Avenue, citing concerns that approval could lead to further rezoning of adjacent properties (including 311 Carey and others), potentially changing the character of the neighborhood. She stressed that the area is primarily single-family and pedestrian-friendly, and that increased density or commercial uses would negatively impact safety and quality of life. Virginia All, 107 Carey Avenue, confirmed that she did not wish to speak. Phil Beland, 312 Carey Avenue, noted that he was not personally affected by flooding. He spoke in strong support of their neighbors’ concerns regarding stormwater runoff and urged the City to fully address drainage issues before allowing further development. He also expressed concern about quality-of-life impacts, specifically the proliferation of mosquitoes due to standing water, which limits outdoor activity for residents, including children and individuals with mobility challenges. Fawn Robbins, 311 Carey Avenue, expressed concern about the timing of stormwater mitigation efforts, noting that longstanding issues are only now being addressed as development is proposed. She also urged the City to consider the potential for increased traffic and its impact on neighborhood safety and quality of life. Madison Osburn, 17 Carey Avenue, noted that she recently purchased the property, unaware of the proposed rezoning. She spoke in opposition to the development of townhomes behind her home. She expressed concern over the scale and impact of the project, citing its inconsistency with the existing single-family neighborhood, potential reductions in property value, potential water run-off problems, loss of privacy, safety, and increased traffic and noise. She emphasized that the city’s original RSF zoning was intended to preserve neighborhood character and urged the City to uphold that vision by allowing only single-family development on the lot. Vice-Mayor Green asked if there was anyone else who wished to speak on this topic. Vice-Mayor Green closed the public hearing. Councilman Foley noted that he had read through the Planning Commission minutes and felt that he understood the concerns that were voiced. He felt that those concerns would still be applicable whatever was built on that property. Randy Foley moved to rezone this property as stated to RB Residential Business District. Mayor Turk seconded the motion. Councilman Holliday expressed support for the concerns raised by residents and emphasized the need for the City to establish a clear timeline for addressing stormwater infrastructure improvements before permitting new development. He suggested that any future construction should be contingent on the ability to tie into the planned drainage system and recommended exploring options for nearby businesses on Brand Avenue to also connect. Due to the ongoing nature of the issue, Mr. Holliday noted that he would like to table the rezoning request until a timeline is in place and infrastructure plans are finalized. He indicated that his current vote would be "no." Vice-Mayor Green asked when the second reading of the ordinance would be held. Mr. Light responded that the second reading was scheduled for the next meeting, the second June meeting. Vice-Mayor Green noted that she had some of the same concerns as Mr. Holliday. She understood that doing this project could be a catalyst for the City to move forward with what they have been trying to accomplish; however, she expressed concern about going forward with this project without knowing what was going to happen with the City project at the same time. She noted that there was a motion and second on the floor and asked for a roll call vote if there was no further discussion. Ayes: Randy Foley, Renée Turk Nays: John Saunders, Hunter Holliday, Anne Marie Green The motion was denied. Vice-Mayor Green noted that something needs to be done by the City on that street prior to considering further development in that location. Mayor Turk noted that while some stormwater issues may not fall directly under the City’s responsibility, they may still require management solutions. She suggested the City consider implementing a stormwater management fee or similar funding mechanism to address long-standing and worsening drainage issues in older neighborhoods. Mayor Turk emphasized that many homes were built to prior standards, but changing weather patterns have intensified flooding concerns. She stressed the need for proactive planning to protect residents and acknowledged personal experience in mitigating flooding on her own property. Councilman Holliday expressed that the flooding issues in the affected neighborhood are not solely due to recent weather changes but have been ongoing for decades. He emphasized that allowing new construction without a viable drainage solution is inadvisable. Mr. Holliday supported the City’s plan to work with a consultant to develop a stormwater pipeline along the roads and noted that affected residents may be willing to connect to the system at their own expense if it resolves the issue of standing water on their properties. Mayor Turk acknowledged the longstanding stormwater issues on Carey Avenue and surrounding areas, noting that the concerns expressed by residents are valid and widely shared by Council. She stated that the City is taking steps to provide a drainage line along the public right-of-way, allowing residents the opportunity to connect and help manage runoff. Vice-Mayor Green reiterated that the rezoning request had been denied this evening. City Manager Dorsey asked to make one last statement. He expressed appreciation to staff, specifically Chuck and Rosie, along with the engineers, for their efforts in addressing the longstanding stormwater issues. He noted that while the project will be costly, staff has worked creatively to identify potential funding solutions, which may help explain prior delays. Mr. Dorsey thanked them for their commitment to moving the project forward. B. Amendment to the Zoning Ordinance Hold a public hearing and consider ordinance on first reading for the request of Danny R. and Sonja S. Kane, property owners, to rezone the property located at 151 St. John Road (Tax Map #155-2-3) from HM Heavy Manufacturing to HBD Highway Business District. (Advertised in the May 22 and 29, 2025, issues of Cardinal News.) (Planning Commission recommended approval by a 5-0 vote.) Vice-Mayor Green asked Mr. Van Allman if he had any comments on this item. Mr. Van Allman noted that there were no problems with this request and that basically this request was to allow them to use this property as a playing field. He stated that this was a great use for the property as it was mostly in the floodway. He indicated that most communities that are able to find a way to use floodway property this way do so. Vice-Mayor Green asked if the petitioner was present this evening. Chris Burns; Balzer and Associates, 1208 Corporate Circle, Roanoke, Virginia; spoke on behalf of the petitioner, regarding a rezoning request for their property. The Salem Sabers organization seeks to add parking improvements due to increased demand and changes in nearby business operations. Historically, parking has been available along St. John Road and in neighboring business lots with staggered usage times, but this arrangement is becoming less viable. Upon discussing improvements with City staff, the organization learned the current recreational use is non-conforming under the existing HM Heavy Manufacturing zoning. As a result, they are requesting rezoning to HBD Highway Business District to accommodate the commercial outdoor sports and recreation use. Mr. Burns noted that HBD is appropriate given the property's floodway location and offered to answer any questions. Vice-Mayor Green opened the public hearing. No one came forward to speak. Vice-Mayor closed the public hearing. Randy Foley motioned to rezone the property at 151 St. John Road from Heavy Manufacturing District to Highway Business District as requested. Hunter Holliday seconded the motion. Ayes: John Saunders, Hunter Holliday, Randy Foley, Anne Marie Green, Renee Turk Nays: None Abstaining: None C. Public Hearing and Consider Lease for the Battery Energy Storage System (BESS) Project. Hold a public hearing and consider the lease of an approximate +/- 0.10-acre portion of Tax Map #150-2-4 owned by and located in the City of Salem, Virginia. (Advertised in the May 30, 2025, issue of Cardinal News.) Vice-Mayor Green asked Mr. Light if he had any information that he would like to share on this item. He explained that this had been discussed last year with the Battery Storage Project, and it had been noted that there would been multiple documents. The lease is a document that requires a public hearing, and staff is now ready to bring that before Council now to hold a public hearing and to ask Council to approve the lease. Council is also being asked to authorize the City Manager to execute this document. Vice-Mayor Green opened the public hearing. No one came forward to speak. Vice-Mayor Green closed the public hearing. Hunter Holliday motioned to approve the lease of an approximate +/- 0.10 acre portion of Tax Map #150-2-4 owned by and located in the City of Salem for the Battery Energy Storage System (BESS) project. Randy Foley seconded the motion and amended it to add the language to authorize the City Manager to finalize and execute the lease agreement in a form acceptable to the City Attorney. Ayes: John Saunders, Hunter Holliday, Randy Foley, Anne Marie Green, Renée Turk Nays: None Abstaining: None D. Resolution 1503 - Revision of Maximum Pricing for Battery Energy Storage System (Bess) Project Consider revising the maximum price per kW-mo. established by Council at their November 12, 2024 Meeting. Vice-Mayor Green asked Ms. Jordan for any information she would like to share on this item. Ms. Jordan explained that as previously discussed with the City's consultant, City Council approved a maximum pricing for the Battery Energy Storage System project on November 12, 2024. Due to economic changes in the electric industry and pending tariffs, Council is requested to consider revising the maximum price cap to $9.92/kW-mo. Anne Marie Green motioned to adopt Resolution 1503 revising the maximum price to $9.92/kW-mo. for which the City Manager is authorized to execute a BESS Storage Agreement in terms acceptable to the City Attorney. Hunter Holliday seconded the motion. Councilman Foley noted for the record that this was Resolution 1503. Ayes: John Saunders, Hunter Holliday, Randy Foley, Anne Marie Green, Renee Turk Nays: None Abstaining: None E. Resolution 1504 - Remote Participation Policy Consider adoption of Resolution 1504 to adopt a Remote Participation Policy for Council member participation in Council meetings for Fiscal Year 2025- 2026. Mr. Light noted that the Code of Virginia was amended effective July 1, 2024, with regard to remote participation. This requires an annual approval of a remote participation process. This item is just to fulfill that requirement. This annual remote participation requirement would be for July 1, 2025, through June 30, 2026. Vice-Mayor Green referred to paragraph two of the policy which states that "On or before the day of a meeting. The Council member shall notify the Mayor." She asked who the Mayor would notify. Mr. Guynn noted that this detail was not specified in the Code. Randy Foley motioned to adopt Resolution 1504, adopting the City's remote participation policy for Fiscal Year 2025-2026. Hunter Holliday seconded the motion. Ayes: John Saunders, Hunter Holliday, Randy Foley, Anne Marie Green, Renee Turk Nays: None Abstaining: None F. 630 Union Street Purchase Agreement Amendment Consider an amendment to the Purchase Agreement for 630 Union Street. Vice-Mayor Green asked Mr. Dorsey if there was any information that he would like to share on this item. Mr. Dorsey explained that this item goes back to what had been heard previously that there was an agreement by the City to sell this land , and it closed back on April 27, 2022. They had three years at that time to put a structure or to build on the land. They were not able to get that completed; however, a site plan has been turned in. Mr. Van Allman noted that the review for this site plan is scheduled, and he believed it was the next day. Mr. Dorsey noted that after the expiration, the City had 60 days to exercise its right to repurchase the property. As work had already been done on the property, the City got in touch with the owner. It was communicated that, as progress was being made, the City would potentially be able to give, at most, another 18 months to complete the project. After that point, the City would exercise its right to repurchase the property. Basically, Council is being asked to extend the deadline by 18 months to move forward. The City did not wish to lose the right to be able to repurchase, if necessary. The owner has experienced some delays, but they are moving forward at this time. Councilman Holliday asked when the City purchased the property and what was the purchase price, what the property sold for in 2022, and the actual current value of the property. He asked if the City is getting the best deal for our citizens by extending this. Mr. Van Allman indicated that he was not involved in that process. He suggested speaking with the Real Estate department for specific details and that this was handled by the previous City Manager. Councilman Holliday gave estimates from his recollection without numbers in front of him of the City's purchase price, sale price, and current appraisal value. He indicated that he was curious as to the reason this was taking so long for the individuals to move forward with the project, as three years had passed. He did note that a site plan had been submitted. Mr. Van Allman noted that he was aware that a deadline existed. He explained that Community Development was proceeding as normal with the review of the site plan, and this was not being expedited. Mr. Dorsey stated that G & H Contracting was moving forward and using their own staff to do so. He noted that they had been busy with the Moyer project as well as a couple of other construction projects and were just able to start back on this project. Mr. Guynn added that, from his understanding, this was the only offer that was received by the City. Councilman Holliday asked if the City ever advertised the property. Mr. Guynn responded affirmatively. He added that this made one wonder about the assessment. Councilman Saunders noted, and asked Councilman Foley to correct any error in his facts, that Thalhimer had that property back in 2018-2019. Councilman Foley indicated that he could not speak to the year, but that it was correct that Thalhimer was handling the property. Councilman Saunders noted that this was during his first term on Council and he did not remember any other offers looking to purchase the land. Councilman Foley noted that the owner was paying taxes on the assessed value of the property, so revenue was being received by the City for this. Mayor Turk asked to confirm that the property was not purchased at the current value but at the value that the purchaser agreed on to purchase the property. This was confirmed. Mayor Turk noted that, in her opinion, it would not be prudent to back out on the agreement even though the value is currently higher. Randy Foley motioned to authorize the City Manager to amend the Purchase Agreement with Union Street Plaza, LLC, to extend the time for completion by eighteen (18) months. John Saunders seconded the motion. Ayes: John Saunders, Hunter Holliday, Randy Foley, Anne Marie Green, Renee Turk Nays: None Abstaining: None G. Appropriation of Funds Request to appropriate a Marketing Program grant from Virginia Tourism Corporation. Vice-Mayor Green asked Ms. Jordan if she had any information to share on this item. Ms. Jordan noted that there was not any additional information in addition to what was included in the Council report other than the fact that the City had been awarded another $20,000 grant from the Virginia Tourism Corporation Destination Marketing Organization Marketing Program. A local match of $10,000 is required, which was included in the Fiscal Year 2026 budget. This evening, Council was being asked to appropriate the funds. Hunter Holliday motioned to appropriate $20,000 as specified in the Council report. Randy Foley seconded the motion. Ayes: John Saunders, Hunter Holliday, Randy Foley, Anne Marie Green, Renee Turk Nays: None Abstaining: None H. Appropriation of Funds Request to accept and appropriate Technical Assistance Grant funds from the Virginia Department of Housing and Community Development (VDHCD) and execute a Memorandum of Understanding Ms. Jordan noted that the City had been awarded $3,425.00 from the Virginia Department of Housing and Community Development. This is going to be used to support and establish a 501(c)(3) organization to assist with the Main Street Approach program for revitalizing the downtown district. This evening, Council is being asked to appropriate the $3,425 and to authorize the City Manager to execute the Memorandum of Understanding between the City and VDHCD. Mr. Light asked to add that staff would like to also ask that any of this grant not spent in the current year would be administratively appropriated in the subsequent fiscal year. Randy Foley motioned to approve this motion as presented . Hunter Holliday seconded the motion. Ayes: John Saunders, Hunter Holliday, Randy Foley, Anne Marie Green, Renee Turk Nays: None Abstaining: None I. Appropriation of Funds Request to transfer unallocated capital reserve for Fiscal Year 2026 Capital Improvement Plan projects. Audit - Finance Committee Councilman Foley noted that the Fiscal Year 2026 budget was adopted on May 27, 2025. The budget included two projects to be funded by capital reserves. In accordance with the City’s Capital Planning and Reserve Policy, contributions from the General Fund were previously appropriated to the capital reserve account and need to be transferred to specific projects as approved by City Council. Randy Foley motioned to transfer $1,066,500 from the Capital Reserve account to the following expenditures accounts effective July 2025: Spartan Field-New LED Lights - $518,400 and Police Vehicle Replacement - $548,100. John Saunders seconded the motion. Ayes: John Saunders, Hunter Holliday, Randy Foley, Anne Marie Green, Renee Turk Nays: None Abstaining: None J. Appropriation of Funds Request to appropriate and transfer funding for project contingency to the Water Capital Fund and Sewer Capital Fund and to appropriate additional 2024 General Obligation Bond proceeds. Audit - Finance Committee Councilman Foley noted that funding is available in the Water Fund and Sewer Fund fiscal year 2025 operating budgets to be transferred to the Water Capital Fund and Sewer Capital Fund to create a project contingency in each capital fund. These contingency funds can be used with the approval of the City Manager to cover project shortfalls and change orders. A contingency of $50,000 will be transferred to each capital fund. Also, 2024 General Obligation bonds were issued on November 26, 2024. Total proceeds of $3,552,000 were allocated to Water Capital Fund projects for Well Construction and Franklin Street Water Tank Replacement as well as to cover bond issuance costs. Additional proceeds of $792 remained after satisfying bond issuance costs. These additional proceeds need to be appropriated to the Well Construction project in the Water Capital Fund. Randy Foley motioned that Council authorize the necessary budget appropriations and transfers as outlined in the Council report. Hunter Holliday seconded the motion. Ayes: John Saunders, Hunter Holliday, Randy Foley, Anne Marie Green, Renee Turk Nays: None Abstaining: None K. Boards and Commissions Consider appointments to various boards and commissions. Vice-Mayor Green noted that TAP's bylaws had been amended since Mr. Foley was originally appointed to the board and Council needs to make a motion so that his term will coincide with the current three-year term provision in their bylaws. Hunter Holliday motioned to reappoint Byron Randolph Foley for a third three -year term ending December 31, 2027, to the TAP board. Anne Marie Green seconded the motion. Ayes: John Saunders, Hunter Holliday, Randy Foley, Anne Marie Green, Renee Turk Nays: None Abstaining: None 7. Adjournment The meeting was adjourned at 8:22 p.m. Submitted by: Approved by: H. Robert Light Renée Ferris Turk Clerk of Council Mayor