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HomeMy WebLinkAbout7/22/2024 - City Council - Agenda -Special City Counci l Meeting AGENDA Monday, July 22, 2024, 6:30 PM R egular S ession 6:30 P.M. C ouncil C hambers , C ity Hall, 114 North Broad S treet, S alem, Virginia 24153 WORK SE SSI ON W OR K SE SSIO N IS CANCELLED FOR J U LY 22, 2024 RE GU L AR SE S SI ON 1.C all to Order 2.Pledge of Allegiance 3.Bid Openings, Awards, Recognitions 4.C onsent Agenda A.Citizen Comments C omments from the public, limited to five minutes, on matters not already having a public hearing at the same meeting. B.Minutes C onsider acceptance of the J uly 8, 2024, Work Session and Regular Meeting minutes. 5.Old Business 6.New Business A.Resolution 1477- K roger Settlement C onsider 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 C ity Attorney and/or the C ity’s outside C ounsel to execute the documents necessary to effectuate the City’s participation in the settlements. B.Writ of Election C onsider authorizing the C ity Attorney to petition for a writ of election for a special election to fill the sheriff’s term at the November General Election. 7.C losed Session 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. 8.Adjournment City Council Meeting MINUTES Monday, July 8, 2024, 6:30 PM Work Session 6:00 P.M. Council Chambers Conference Room, 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 July 8, 2024, at 6:00 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 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; Crystal Williams, Assistant to the City Manager; and 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 1)Discussion of Citizen Comment Requests Mayor Turk presented requests that had been made by citizens during the Public Comment period of Council meetings from March through June. In response to a request from the March 11, 2023, meeting, information was pulled from City Code Section 82 in regard to Tax Relief for the Elderly and Disabled as well as a copy of the ordinance that was adopted on second reading at the June 12, 2023, Council meeting amending base income and financial worth requirements for qualification. Discussion was held. It was noted that in 2022, 300 citizens qualified for tax relief. Due to this recent change in the requirements, Council will revisit this every couple of years in an attempt to stay in line with the economy and inflation. A number of requests made by a citizen at the March 25, 2023, meeting were addressed. Mr. Van Allman was asked to respond to the request for identification of Item #4B Date:7/22/2024 nonconforming properties and the development of an abatement/monitoring plan. He noted that this was mostly being handled on a complaint basis, but also by patrol and that a database was in the process of being built. In response to the request for a committee review of Salem's Zoning Code and recommendations, discussion was held about the possibility of having a review done by an outside company that specializes in this area. It was noted that Council has funded an additional position in Community Development. Mr. Van Allman noted that the new software to monitor code violations should be live by the end of August. Mr. Holliday asked the rest of the Council what the City is doing to consistently enforce Code with nonconforming properties as he is asked this question often by citizens. Council discussed questions that were posed by a citizen at the April 8, 2024, meeting that related to public input. In response to a question of why citizens are not able to speak or ask questions of Council at a Work Session, the Mayor responded that the purpose of the Work Session is for Council to work. The public may come and watch Council work; however, the purpose of these sessions is not for Council to receive feedback but to work on ongoing issues. Town hall or other similar engagement opportunities was discussed. The Mayor noted that we were out of time for this meeting, but that Council would continue looking at this list of requests at a future work session. Mr. Light noted that State Code had changed in regard to the remote participation policy and that Council is required to adopt annually a remote participation policy for public bodies. He stated that the agenda would need to be amended this evening to include this item. 3. Adjournment There being no further business, Mayor Turk adjourned the meeting at 6:26 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 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 Renee Turk motioned to amend the agenda this evening to add item 6F in relation to remote participation. Randy Foley seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace 3. Bid Openings, Awards, Recognitions There were none this evening. A. Citizen Comments Comments from the public, limited to five minutes, on matters not already having a public hearing at the same meeting. There were no citizens signed up to speak this evening. B. Minutes Consider acceptance of the June 20, 2024 Special Meeting Closed Session, the June 24, 2024, Regular Meeting, and the July 2, 2024, Special Meeting Closed Session minutes. The minutes were approved as written. C. Financial Reports Consider acceptance of the Statement of Revenues and Expenditures for the eleven months ending May 2024. Councilman Foley noted for the public that lodging tax had been lagging generally and that it was hoped that the new Moyer Complex opening would improve this. Councilman Jones noted that this was up by $100,000 in May. Councilman Foley clarified that for most of the preceding months this had been lagging behind the previous year. Mayor Turk added that any time you look at a large facility like that being closed there are a lot of questions and the necessity for renovation is questioned as well. She noted that this is what generates economic growth and drives the City. Lodging taxes, meal taxes, grocery stores, and other businesses are impacted. This also creates a need to bring in more people to meet these functions. Hopefully, this will increase the lodging taxes again. The financial reports were received. 4. Old Business 5. New Business A. Resolution 1475 in Support of Smartscale Projects Consider adoption of Resolution 1475 in support of Smartscale projects. Mr. Van Allman explained that Smart Scale is a pot of money that the Virginia General Assembly allots on a yearly basis to VDOT that allows for a smart transportation plan. He shared that this is a competitive grant program that allows localities to enter the process and save on projects that are related to transportation that the locality has a dire need to work on and needs assistance with. Based upon needs, funding is available from VDOT for transportation projects that the locality may have shortfalls on or not have adequate local funding with which to complete. This money is appropriated per project and can be partially or fully funded. At times, the City will not be responsible for any type of in-kind cost to finish a project. Basically, this is full money in this case that localities are able to apply for in order to supplement local funds for transportation. Councilman Foley noted for the benefit of the public that Council must pass this resolution supporting the as part of the process in order to qualify for the funding. Mayor Turk added that she and Councilman Holliday are members of the TPO (Transportation Planning Organization Policy Board), and that Councilman Foley is an alternate. They attend these meetings to request funding for the City of Salem for transportation projects. This resolution must be approved by Council in order for them to request funding. William Jones motioned to adopt Resolution 1475 in support of Smart Scale Round 6 Funding Applications. Randy Foley seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace B. Abstract of Votes Receive the Abstract of Votes cast at the Republican Party Primary Election held on June 18, 2024. The Abstract of Votes was received. Mayor Turk noted that no vote was necessary. C. Appropriation of Funds Consider request to appropriate grant funds awarded by Virginia Tourism Corporation. Audit - Finance Committee The City of Salem was awarded two grants totaling $36,278 from the Virginia Tourism Corporation Marketing Incentive Program. The Salem Fair’s $18,000 grant will enhance marketing efforts in Harrisonburg, Richmond, and Metro DC. The Outdoors Marketing Leverage $18,278 award will enhance marketing in Hampton Roads, Richmond and Metro DC for hiking, biking and outdoor adventures while eating, drinking and sleeping in Salem. A match is required for each grant and will be met through the Fair budget and the Tourism budget. Proceeds from the grant will cover the cost of items not included in the FY24 operating budget. Mayor Turk thanked Carey Harveycutter for applying for these grants, staying on top of this, and working on behalf of the City to make sure that we get those. James Wallace motioned to appropriate $36,278 in grant revenue to the State Grants- Tourism account and increase the budget for the grant State Grants expenditures account by $36,278 to fiscal year 2024. It is also recommended that any of this grant not spent in the fiscal year 2024 be administratively appropriated to fiscal year 2025. Randy Foley seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace D. Appropriation of Funds Consider request to appropriate grant funds received from the AARP Community Challenge Microgrant. Audit - Finance Committee The City of Salem was awarded a grant totaling $2,500 from AARP in connection with their Community Challenge Microgrant. This grant will be used by the Salem Public Library to implement educational offerings and modifications to make homes safe and comfortable for people ages 50+. This grant does not require a local match. Proceeds from the grant will cover the cost of items not included in the FY24 operating budget. James Wallace motioned to appropriate $2,500 in grant revenue to the Grants – Other account and increase the budget for the Grants – Other Costs account by $2,500 to fiscal year 2024. It is also recommended that any of this grant not spent in the fiscal year 2024 be administratively appropriated to fiscal year 2025. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace E. Boards and Commissions Consider appointments to various boards and commissions. Councilman Foley noted for the benefit of the public that Council had interviewed candidates for the Planning Commission and that these choices created some movement on other boards and commissions. In addition to that, Macel Janoschka was recently appointed to the School Board and they needed to make an appointment to fill the vacancy this created. Mayor Turk added that it was great to see the number of people that applied for the various positions and the quality of the candidates. She encouraged anyone that was interested to watch the website to see what vacancies are there. Randy Foley motioned to reappoint Cole Keister for a three-year term ending August 9, 2027, to the Fair Housing Board; to appoint Nathan Routt to fill the unexpired term of Vicki Daulton for the remainder of a four-year term ending July 26, 2027. and also appoint Mark Henrickson to fill the unexpired term of Neil Conner for the remainder of a four-year term ending July 31, 2026, to the Planning Commission and NPDES Citizens' Committee; to appoint Jason Fountain to fill the unexpired term of Macel Janoschka for the remainder of a four-year term ending March 9, 2025, to the Economic Development Authority; and to appoint Ray Varney to fill the unexpired term of Nathan Routt for the remainder of a five-year term ending May 11, 2025, to the Board of Appeals (USBC Building Code). William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace F. Resolution 1476 - Remote Participation Policy Consider adoption of Resolution 1476 to adopt a Remote Participation Policy for Council member participation in Council meetings for fiscal year 2024- 2025. Mayor Turk noted that this was item 6F that was approved for the amended agenda. Mr. Light explained that this was in relation to the Remote Participation Policy that the City has and that it must be voted on and approved on a yearly basis. The change in this remote participation policy, Chapter 37, Title 2.2 of the Code of Virginia was effective July 1, 2024, and says that this policy must be voted on and approved on a yearly basis. Mr. Guynn put together the policy which is pretty much dictated by Code. Staff is requesting that Council approve this for the fiscal year 2024-2025. Renee Turk motioned to adopt Resolution 1476 adopting a Remote Participation Policy for Council member participation in Council meetings for fiscal year 2024- 2025. H. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace 6. Adjournment Mayor Turk encouraged citizens to go to the Salem Fair. The meeting was adjourned at 6:45 p.m. Item # 6A Date: 7/22/2024 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: July 22, 2024 AGENDA ITEM: 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. SUBMITTED BY: Jim Guynn, City Attorney SUMMARY OF INFORMATION: Council adopted Resolution 1405 on August 9, 2021, authorizing and approving the City Manager and City Attorney to execute the Virginia Opioid Abatement Fund and Settlement Allocation Memorandum of Understanding. The pending settlement with Kroger is considered a “Settlement” that is subject to the Virginia MOU. The City’s outside opioid litigation counsel has recommended that the City participate in the settlement in order to recover its share of the funds that the settlement would provide. The City Attorney has reviewed the available information about the proposed settlements and concurs with the recommendation of outside counsel. STAFF RECOMMENDATION: Staff recommendation is to adopt Resolution 1477. {00550620.DOCX } IN THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, July 22, 2024: RESOLUTION 1477 A RESOLUTION OF THE SALEM CITY COUNCIL APPROVING OF 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 WHEREAS, the opioid epidemic that has cost thousands of human lives across the country also impacts the City of Salem by adversely impacting the delivery of emergency medical, law enforcement, criminal justice, mental health and substance abuse services, and other services by Salem’s various departments and agencies; and WHEREAS, the City has been required and will continue to be required to allocate substantial taxpayer dollars, resources, staff energy and time to address the damage the opioid epidemic has caused and continues to cause the citizens of Salem; and WHEREAS, a settlement proposal has been negotiated that will cause Kroger to pay over a billion dollars nationwide to resolve opioid-related claims against it; and WHEREAS, the City has approved and adopted the Virginia Opioid Abatement Fund and Settlement Allocation Memorandum of Understanding (the “Virginia MOU”), and affirms that this pending settlement with Kroger shall be considered a “Settlement” that is subject to the Virginia MOU, and shall be administered and allocated in the same manner as the opioid settlements entered into previously with the Distributors, Janssen, Teva, Allergan, Walmart, CVS, and Walgreens; and WHEREAS, the City’s outside opioid litigation counsel has recommended that the City participate in the settlement in order to recover its share of the funds that the settlement would provide; and WHEREAS, the City Attorney has reviewed the available information about the proposed settlements and concurs with the recommendation of outside counsel; NOW THEREFORE BE IT RESOLVED that the Salem City Council, this ___ day of July, 2024, approves of the City’s participation in the proposed settlement of opioid-related claims against Kroger and its 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 Kroger. {00550620.DOCX } Upon a call for an aye and a nay vote, the same stood as follows: H. Hunter Holliday - William D. Jones - Byron Randolph Foley - James W. Wallace, III - Reneé F. Turk - ATTEST: H. Robert Light Clerk of Council City of Salem, Virginia Item # 6B Date: 7/22/2024 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: July 22, 2024 AGENDA ITEM: 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. SUBMITTED BY: Jim Guynn, City Attorney SUMMARY OF INFORMATION: Sheriff April Staton has submitted her formal resignation effective August 31, 2024. Section 24.2-228.1 of the Code of Virginia defines the election process to fill a vacancy in a constitutional office. The governing body must petition the circuit court for a writ of special election. Based on the parameters of the code and the timing of Sheriff Staton’s formal notification, the special election can be held as part of the November 2024 General Election. STAFF RECOMMENDATION: Recommend authorizing the City Attorney to petition for a writ of special election to fill the remainder of Sheriff Staton’s term during the November 2024 General Election.