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HomeMy WebLinkAbout3/13/2023 - City Council - Minutes - RegularCity Council Meeting MINUTES Monday, March 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 March 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 (participated remotely); Council members; Byron Randolph Foley, William D. Jones, and H. Hunter Holliday; with Renée Ferris Turk, Mayor, presiding; together with James E. Taliaferro, II, City Manager; Rob Light, Assistant City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; A.K. Briele, Director of Electric Department; Crystal Williams, Assistant to the City Manager; Laura Lea Harris, Deputy Clerk of Council; 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; and 2. New Business A. Discussion Items Electricity Contract Overview Work Session WHEREAS, A. K. Briele, Director of the Electric Department, presented an overview of the City's electricity contract. He shared a history of Salem's electric contracts dating back to 1891. He noted the deregulat ion of Wholesale Electric Markets in the 1990s. The current 20 -year full requirements contract, which was signed with AEP in 2006, expires in July 2026. Other players and options to consider in negotiating a new contract beyond 2026 were shared with Counci l for their consideration. Discussion was held and questions answered by Mr. Briele and Ms. Jordan. Next steps of the process were presented. The Request for Proposal process is in the beginning stages now and it is anticipated that this will go out for bids in late spring or early summer; and WHEREAS, Mr. Light shared with Council for their information, that as Salem no longer has a Law Library, an ordinance needs to be adopted as a housekeeping item in order to remove the current fee of $4 per Civil Case. This will be presented as an item for their approval at the March 27, 2023, Council Meeting; and 3. Adjournment WHEREAS, there being no further business, Mayor Turk adjourned the meeting at 6:29 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 6:32 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, and H. Hunter Holliday; with Renée Ferris Turk, Mayor, presiding together with James E. Taliaferro, II, 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 the Code of the Commonwealth of Virginia and the Remote Participation Policy of the City of Salem, I hereby request to participate remotely for a personal matter, specifically that I am out of town.” Randy Foley motioned to accept the remote participation of Vice-Mayor Wallace. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk Abstain: Wallace 3. Bid Openings, Awards, Recognitions Mayor Turk recognized and welcomed a Roanoke College Policy class taught by Cody Sexton. She encouraged them to speak to a sta ff member after the meeting was concluded. 4. Consent Agenda A. Citizen Comments Comments from the public, limited to five minutes, on matters not already having a public hearing component at the same meeting. Stella Reinhard, 213 North Broad Street, addressed Council. She expressed the importance of recognizing and preserving open or green spaces as they potentially come open for sale. She noted Salem i conic landmarks at the top and bottom of the North Broad Street neighborhood, specifically, the Farmer's Market, City Hall, and the Hope Tree land. She also offered specific suggestions for improvements that could be done to enhance these locations. She requested that consideration be given by Council to future plans and that funding be included to restore historic buildings and open spaces in Salem. B. Minutes Consider acceptance of the February 13, 2023, Work Session and Regular Meeting minutes. The minutes were accepted as written. C. Financial Report Consider the acceptance of the Statement of Revenues and Expenditures for the seven months ending January 2023. The financial reports were received. 5. Old Business There was no old business this evening. 6. New Business A. Taxicabs Hold public hearing in accordance with Section 98-94 of THE CODE OF THE CITY OF SALEM, VIRGINIA, and consider issuance of Certificates of Public Convenience and Necessity for the next twelve (12) months, beginning April 1, 2023. Date set for public hearing at February 13, 2023 meeting. (Advertised in the February 23, 2023 issue of the Salem Times-Register.) Mayor Turk noted that the applications had been reviewed by the Police Department and no issues were found. This was confirmed by Mr. Light. Mayor Turk opened the public hearing. No one came forward to speak. Mayor Turk closed the public hearing. For the benefit of the those present, Mayor Turk noted that companies that wished to operate a Taxicab or Limousine service in the City of Salem were required to submit an application, the application must be reviewed by the Police Department, and Council must approve them for operating in the City of Salem for the next year. Mr. Light noted that three applications were received this year: one from Bennett Early, doing business as B. Early Cab Service, LLC; one from Daniel Reid, doing business as Reid Taxi, and one from Jordan Sneed, doing business as Spartan VIP Limousine Service, LLC. William Jones motioned to award Certificates of Public Convenience and Necessity for the next twelve (12) months, beginning April 1, 2023, to B. Early Cab Service, LLC, Daniel Stephen Reid, trading as Reid Taxi, and Jordan Johnson Sneed, trading as Spartan VIP Limousine, LLC. H. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace B. Amendment to the Zoning Ordinance Hold public hearing and conduct first reading to consider the request of Friendship Salem Terrace, LLC, contract purchaser, and White Whale Two, LLC, property owner of 1871 Harrogate Drive (Tax Map # 128-1-5), and Friendship Salem Terrace, LLC, property owner of 1851 Harrogate Drive (Tax Map # 128-1-13) for rezoning the properties from RMF Residential Multifamily District, with conditions to HBD Highway Business District, with conditions. (Advertised in the December 22, 2022, issue of the Salem Times- Register) (Item tabled at the February 15, 2023, Planning Commission meeting.) Staff recommends Council table this item. Mayor Turk noted that it has been requested and suggested by staff that Council table this item. There has been no movement on this item. Mr. Foley asked staff to clarify if the applicant was not proceeding or if the City was still working through the process and there were still questions that needed to be answered before proceeding. Mr. Taliaferro clarified that there are still questions that Commu nity Development is working on internally. At this point, they are doing their due diligence before moving forward. Mr. Van Allman confirmed this. William Jones motioned to table this item. H. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace C. Resolution Approving Settlements of Opioid -Related Claims Consider adoption of Resolution 1445 approving the City of Salem's participation in the proposed settlement of opioid-related claims against Teva, Allergan, Walmart, Walgreens, CVS, and their related corporate entities, and directs the City Attorney and/or the City’s outside counsel to execute the documents necessary to effectuate the City’s participation in the settlements, including the required release of claims against settling entities. Mayor Turk noted that this is a resolution that is being put out state - wide and many other municipalities are doing the same. Mr. Foley asked if the dollar amount is known, Mr. Guynn stated that this information is not known yet. Mr. Jones asked Mr. Guynn if there was any estimate of when the amount will be known. Mr. Guynn stated that it would likely be within the next four to six weeks. William Jones motioned to adopt Resolution 1445 approving the City of Salem's participation in the proposed settlement of opioid-related claims against Teva, Allergan, Walmart, Walgreens, CVS, and their related corporate entities, and to direct the City Attorney and/or the City’s outside counsel to execute the documents necessary to effectuate the City’s participation in the settlements, including the required release of claims against settling entities. Randy Foley seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace D. Olde Salem Days 2023 Consider adoption of Resolution 1446 closing Main Street on Saturday, September 9, 2023. Mayor Turk noted that this is a yearly activity the City holds where the Rotary Club works the Main Street area with car shows and different craft booths. Mr. Taliaferro echoed that this is done each year and that the City is thankful to Rotary for being our co-sponsor. Randy Foley motioned to adopt Resolution 1446 requesting the Virginia Department of Transportation (VDOT) approve City Council’s request for the temporary closure of Main Street on September 9, 2023, for the Olde Salem Days event. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace E. Appropriation of Funds Consider request to appropriate downtown improvement reserve funding in the Capital Projects Fund. Audit - Finance Committee James Wallace motioned to appropriate $50,000 from the General Fund revenue account for capital projects to the Downtown Improvements Reserve expenditure account. These funds were budgeted in the current year for this purpose. William Jones secon ded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace F. Appropriation of Funds Consider request to adjust the Civic Center Operating budget. Audit - Finance Committee Mr. Foley noted for the benefit of the students that this is a bookkeeping item, not a new expense, to make sure that everything is accounted for. James Wallace motioned appropriate $300,000 in the Show Revenue Account and increase the budget for the Show Expenses Account by $300,000 for the Civic Center to reflect increased revenues and expenditures compared to those budgeted. H. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace G. Appropriation of Funds Consider request to amend the School Grants Fund, Cafeteria Fund and Capital Projects Fund budgets. Audit - Finance Committee James Wallace motioned to approve the School Board’s appropriation changes to increase revenues and expenditures in the School Grants Fund by $133,000, increase revenues and expenditures in the School Cafeteria Fund by $49,186, increase revenues and expenditures in the School Capital Projects Fund by $7,000, as approved by the School Board at their February 14, 2023, meetin g. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace H. Appropriation of Funds Consider request to accept and appropriate Local Law Enforcement (LOLE) Grant Funds. Audit - Finance Committee Mayor Turk remarked that she believed these funds were to be used for equipment. Mr. Taliaferro confirmed that this was correct and that this would be used for an audio speaker. James Wallace motioned to accept a $1,139 grant from Virginia Department of Criminal Justice Services and appropriate $1,139 in grant revenue to the Police Federal Grants Revenue Account and $1,139 to the Grant Expenditure Account. H. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace I. Appropriation of Funds Consider request to accept and appropriate the Community Flood Preparedness Fund (CFPF) Grant. Audit - Finance Committee Mayor Turk asked to clarify the match amount. Mr. Van Allman clarified that it is a twenty-five percent match. Mayor Turk commented that having a plan suc h as this in place enables the City to be eligible for other grants that may come up because we have an emergency plan in place. Mr. Van Allman confirmed this and shared that it is a requirement that we have a resiliency plan and that this gives the City strategies on how to approach mitigation grants for the City as well as Stormwater grant funding. James Wallace motioned to accept a $59,221 Community Flood Preparedness Funds (CFPF) Grant and appropriate $59,221 in State Grant revenue to State Grants -Capital Projects account and $19,741 to the Transfer from the General Fund account. Appropriate $78,962 to Flood Mitigation account. Also, transfer $19,741 from the Community Development department’s Engineering and Architectural Services account to the Transfer to Capital Projects account to fund the required local match. Randy Foley seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace J. Appropriation of Funds Request to accept and appropriate Smart Scale Funding for Downtown Improvements. Audit - Finance Committee Mr. Jones requested that Mr. Van Allman speak on Smart Scale Funding for the benefit of the college students. Mr. Van Allman shared that essentially the goal of the Virginia Department of Transportation is transportation, but that this can also be nonvehicular and include trails, electric bikes, walking, and regular bikes. In other words, they fund nonmotorized transportation. The City's Downtown Plan incorporates nonmotorized transportation; therefore, the City applied for grant funding and awards were made based on need and scoring. The City was awarded 2.3 million dollars to work on the Downtown Plan. Mayor Turk further noted the Cody Sexton, the class instructor for the Policy class from Roanoke College, serves on the TPO, (Transportation Planning Organization), a regional organization, along with herself and soon to be Mr. Holliday. They meet monthly to discuss using this funding for various projects across the region. She further noted that this part of the project will pick up at the library and extend down to Market Street. She expressed appreciation for Mr. Sexton's participation and noted that he is very active on this Board. James Wallace motioned to accept Smart Scale funding of $2,311,825 and appropriate $2,311,825 to the Capital Projects Federal Revenue account and to the Downtown Improvement – E Main St/White Oak Alley to Market St expenditure account. No local match is required. These funds will allow for the completion of this section of the Downtown Improvement project. H. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace K. Roanoke College ESC Plan Consider setting bond for erosion and sediment control for Roanoke College ESC Plan. Audit-Finance Committee Mayor Turk noted the location is on the west side of the Elizabeth Campus above the Chubb Building. Mr. Wallace prefaced the motion by noting that the College is planning to construct a garden on Elizabeth Campus and no structures are included in this plan. James Wallace motioned to approve bonding in the amount of $10,969.00 for erosion and sediment control for Roanoke College ESC Plan, located at 957 Kime Lane/324 Idaho Street with a time for completion set at 12 months as recommended by staff. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace L. New Metal Building - 71 St. John Road Consider setting bond for erosion and sediment control and landscaping for New Metal Building - 71 St. John Road. Audit- Finance Committee James Wallace motioned to approve bonding in the amount of $16,170.00 for erosion and sediment control and landscaping for New Metal Building located at 71 St. John Road with a time for completion set at 12 months as recommended by staff. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace M. Carter Machinery Wash Bay Consider setting bond for physical improvements and erosion and sediment control for Carter Machinery Wash Bay. Audit-Finance Committee James Wallace motioned to approve bonding in the amount of $20,671.00 for physical improvements and erosion and sediment control for Carter Machinery Wash Bay, located at 1330 Lynchburg Turnpike with a time for completion set at 12 months as recommended by staff. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace N. Boards and Commissions Consider appointments to various boards and commissions. Mayor Turk encouraged citizens to check the City Website for any openings on Boards that they might be interested in serving on. Randy Foley motioned to recommend H. Hunter Holliday to replace Bill Jones for the remainder of a three-year term ending June 30, 2023, to the Roanoke Valley Transportation Planning Organization (TPO) Policy Board. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace O. Performance Agreement - STS/APG Consider preliminary approval of Performance Agreement, authorization of City Manager to finalize agreement upon final execution by EDA, and direction of staff to shop loan options - SUPPLEMENTAL ITEM Mayor Turk stated that there is an item that Council needs to add to the agenda this evening related to the Green Glass project that was approved this past Friday. Bill Jones motioned to add discussion of item 6O to the agenda for this evening. Randy Foley seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace Mayor Turk expounded on the Green Glass Project and explained that Friday morning the Economic Development Authority had preliminarily approved a Performance Agreement with STS (mother company of the Adler Pelzer Group) for the GE building. This is a company that will come in and press plastic cab forms for the Volvo Truck Company and Mack Truck. In order to do this, the Economic Development Authority had to approve moving forward with a loan, and we need to allow staff members to move forward with obtaining loans or bonds for the project. If Council is amenable, the City of Salem will match a grant by the state of Virginia of $500,000 that the state has approved for this company . Randy Foley motioned to preliminarily approve Performance Agreement for STS/APG, authorize the City Manager to finalize agreement upon final execution by EDA, and direct staff to shop loan options. H. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace 7. Closed Session A. Closed Session Hold a closed session in accordance with Sections 2.2 -3711 A (1) and (3) of the 1950 Code of Virginia, as amended, for: 1) A discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, specifically both the acquisition and disposition of real property; 2) A discussion of a personnel matter pertaining to the City Manager's annual evaluation. Randy Foley motioned that, in accordance with Section 2.2-3711 A (1) and (3) of the 1950 Code of Virginia, as amended, Council hereby convenes to closed session at 7:07 p.m. for the purpose of discussing the following specific matters: 1) A discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, specifically both the acquisition and disposition of real property; 2) A discussion of a personnel matter pertaining to the City Manager's annual evaluation. Bill Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace Randy Foley motioned reconvene at 7:55 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 7:55 p.m.