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HomeMy WebLinkAbout7/22/2024 - City Council - Minutes - RegularCity Council Meeting MINUTES Monday, July 22, 2024, 6:30 PM Regular Session 6:30 P.M. Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 24153 WORK SESSION WORK SESSION IS CANCELLED FOR JULY 22, 2024 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 (participated remotely); Councilmembers: Byron Randolph Foley, William D. Jones (absent), and H. Hunter Holliday; with Renée Ferris Turk, 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; Mike Stevens, Director of Communications; and Jim Guynn, City Attorney. 2. Pledge of Allegiance Mayor Turk requested that Mr. Light read a request from Vice-Mayor Wallace to participate remotely in this Council meeting. The request from Vice-Mayor Wallace stated: "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 of Vice-Mayor Wallace. H. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Turk Absent: Jones Abstain: Wallace 3. Bid Openings, Awards, Recognitions There were none this evening. 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 and Matthew Thompson, 1000 W. Riverside Drive, expressed concern about Balzer's work on a previous development project on property adjacent to their property. They expressed concern about Balzer doing future work on other projects near their property. The Thompsons referenced detailed information that had been provided for the City Manager to review as well as a letter written by the City Manager to them in response. They requested that Balzer not be used for the Mill Lane plans. Mr. Van Allman stated that regarding any allegations as to Balzer’s overall credibility, this was not a City matter. Mayor Turk asked for some background on these plans and both Ronald and Matthew Thompson responded with further details on their situation that had previously been presented to Council. Mayor Turk asked questions about the trees falling on the property and the Thompsons responded. He noted that Councilman Jones had been to his property to see the situation. Mayor Turk noted that City staff had addressed the situation to the extent of what the City would be responsible for. Because this is on private property, there is nothing that the City can do. Mr. Dorsey indicated that he had reviewed all of the documents and that all information had been reviewed going back 25 years. He noted that he has reviewed all of the documents provided by the Thompsons; he has met with Mr. Van Allman, the City engineers, and the City Attorney; and he has read the City Attorney’s opinion. It was determined that the berm was still there and that this was a civil matter that did not involve the City. He repeated that they did take time to go through and review all of the information that was provided. B. Minutes Consider acceptance of the July 8, 2024, Work Session and Regular Meeting minutes. The minutes were approved as written. 5. Old Business There was no old business this evening. 6. New Business A. Resolution 1477- Kroger Settlement Consider adoption of Resolution 1477 approving the City’s participation in the proposed settlement of opioid-related claims against Kroger and its related corporate entities and directing the City Attorney and/or the City’s outside Counsel to execute the documents necessary to effectuate the City’s participation in the settlements. Mayor Turk requested that Mr. Guynn share background information on this item. Mr. Guynn shared that there has been an ongoing class action type of opioid litigation that has included a number of defendants, from manufacturers to sellers. Kroger Pharmacy was a large distributor of opioids that has reached a settlement with the group. Council needs to adopt this resolution in order to participate in the settlement. Randy Foley motioned to adopt Resolution 1477 as presented. H. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Turk, Wallace Absent: Jones B. Writ of Election Consider authorizing the City Attorney to petition for a writ of election for a special election to fill the sheriff’s term at the November General Election. Mayor Turk requested that Mr. Guynn share an explanation for this item. Mr. Guynn explained that with Sheriff Staton's resignation, the Statute requires that the City hold a special election as soon as possible to replace this position. The statute also allows, if the Court agrees, to hold that election along with the General Election in November. He indicated that it is early enough in the election cycle that, if Council approves, the petition and writ can be delivered to the Court so that the City would be able to hold the Special Election along with the General Election in November. This will enable the City to avoid incurring the cost of holding a Special Election. Mayor Turk added for the benefit of the public that the position of Sheriff is an elected position and that this position is filled through a Special Election or that it could be rolled into the General Election, which would be the most fiscally responsible way to handle this at this point. Randy Foley motioned to authorize the City Attorney to petition for a writ of election for a special election to fill the sheriff's term at the November 5, 2024, General Election date. H. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Turk, Wallace Absent: Jones 7. Closed Session Mayor Turk noted that Community Development will be having an Open House for the Comprehensive Plan on August 13, 2024, from 3:00 p.m. to 7:00 p.m. at the Salem Civic Center. A. Closed Session Hold a closed Session to in accordance with Section 2.2-3711A(7) of the 1950 Code of Virginia, as amended, for consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body. Randy Foley motioned that, in accordance with Section 2.2-3711 A (7) of the 1950 Code of Virginia, as amended, Council hereby convenes to closed session at 6:46 p.m. for the purpose of discussing the following specific matters: For consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body. H. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Turk, Wallace Absent: Jones Mayor Turk noted that no action would take place this evening. Randy Foley motioned to reconvene at 7:21 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. H. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Turk, Wallace Absent: Jones 8. Adjournment The meeting was adjourned at 7:21 p.m.