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HomeMy WebLinkAbout5/23/2022 - City Council - Minutes - RegularCity Council Meeting MINUTES Monday, May 23, 2022, 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 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 May 23, 2022, at 5:45 p.m., there being present the following members of said Council to wit: Renée Ferris Turk, Mayor; James W. Wallace, III, Vice- Mayor; Council members; Byron Randolph Foley, William D. Jones, and John Saunders; with Renée Ferris Turk, Mayor, presiding; together with James E. Taliaferro, II, City Manager; Rosemarie B. Jordan, Director of Finance; Tammy Todd, Assistant Director of Finance; Mike Lockaby, on behalf of City Attorney, Jim Guynn; 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 Personal Property Tax discussion WHEREAS, Mayor Turk noted that as the Property tax on vehicles was unusually high this year, Council was asked to look at the situation and discern if anything could be done to provide relief to the citizens. Discussion was held among the Councilmembers about the situation and possible solutions were explained by Mr. Taliaferro. City Council members indicated their desire to help the citizens with the burden of higher personal property tax bills due to the unusual increase in vehicle valuation. It was decided that the relief should only include personal use vehicle classes that were impacted. Council requested that staff devise a percentage-based methodology for providing a refund and bring this back to Council; and WHEREAS, a discussion was held on the possibility of changing the due dates of personal property taxes so that it is staggered more throughout the year as opposed to all taxes coming due at the same time of the year. Staff was requested to study this and report back to Council; and 3. Adjournment WHEREAS, there being no further business, Mayor Turk adjourned the meeting at 6:20 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 John Saunders; with Renée Ferris Turk, Mayor, presiding together with James E. Taliaferro, II, City Manager; Laura Lea Harris, Deputy Clerk of Council; Rosemarie B. Jordan, Director of Finance; Mike Stevens, Director of Communications; and Mike Lockaby, on behalf of City Attorney, Jim Guynn. 2. Pledge of Allegiance 3. Bid Openings, Awards, Recognitions A. Recognition of Van Gresham for Years of Service on Board of Zoning Appeals Van Gresham was appointed to the Board of Zoning Appeals May 24, 1976. Council would like to recognize his contributions and 46 years of service to the Board of Zoning Appeals of which he is still an active member. Mayor Turk called Mr. F. Van Gresham to the podium and recognized him for forty- six years of service on the Board of Zoning Appeals since his appointment by Council on May 24, 1976. He has served as Board member, Vice-Chairman, and Chairman of this Board during this time. Mayor Turk stated that "His faithful service and experience have been invaluable to the Board, city staff, and the citizens of the City of Salem." She also spoke on his dedicated and invaluable service with the Salem Sports Foundation, which goes back to 1977. He has served in every imaginable capacity except treasurer in his involvement with this organization. Mayor Turk expressed appreciation for his hard work and service to the City. Mr. Saunders commented on his work with the Stagg Bowl programs for twenty-five years. Mayor Turk presented a trophy of appreciation from the City to Mr. Gresham and Mike Stevens took pictures of Council and Mr. and Mrs. Gresham. T he importance of Mrs. Gresham’s role as support for Mr. Gresham was noted. Mayor Turk thanked Mrs. Gresham for her years of service in the Salem City School System. 4. Consent Agenda A. Citizen Comments Comments from the public, limited to five minutes, on matters not already having a public hearing component that same meeting. The following have signed up to speak at this meeting: 1) Patricia Clark, 318 Maple Street - Cleaning up car lots 2) John Breen, 142 Bogey Lane - Perplexed Patricia Clark, 318 Maple Street, was the first to appear before Council. She shared pictures with Council of a used car lot near her home on 4th Street and expressed concern about the unkempt conditions that exist there. She talked of the beauty of the City and how cleaning this up could make a difference. She requested that Council address the situation. Council thanked Ms. Clark for living in Salem. Mr. Jones asked if enforcement could investigate this situation. Mr. Taliaferro responded that Community Development is looking into the situation. Mr. Wallace noted that he believed it was designated as a salvage yard going back to zoning rules. John Breen, 142 Bogey Lane, was the last citizen to address Council. He expressed concern that citizen concerns, questions, and suggestions were not responded to by Council. He offered suggestions for ways that Council could proactively engage citizens and gain further knowledge of their preferences and concerns. B. Minutes Consider acceptance of the May 9, 2022 Regular Meeting Minutes. The minutes were accepted as written. C. Financial Reports Consider acceptance of the Statement of Revenues and Expenditures for the ten months ending April 2022. The financial reports were received. 5. Old Business A. Amendment to the Zoning Ordinance Consider ordinance on second reading for rezoning the property of MO Salem, LLC, property owner and Midland Atlantic Properties, property owner's management affiliate, located at 1923 Electric Road and 1951 Electric Road (Tax Map # 284-1-2.2 and Tax Map # 284-1-2.3) from HBD with conditions to HBD with amended conditions to allow retail sales. (Approved on first reading at the May 9, 2022 meeting.) William Jones motioned to adopt ordinance on second reading for rezoning the property of MO Salem, LLC, property owner and Midland Atlantic Properties, property owner's management affiliate, located at 1923 Electric Road and 1951 Electric Road (Tax Map # 284-1-2.2 and Tax Map # 284-1-2.3) from HBD with conditions to HBD with amended conditions to allow retail sales. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk Nays: Wallace 6. New Business Mayor Turk noted for the benefit of the citizens that the discussion at the Work Session this evening was dealing with personal property taxes and the concerns that citizens have about the amounts of the personal property tax bills this year. The tax was based on the increase of the assessed value of vehicles. Council has agreed that they are moving forward in giving a rebate of some type to citizens. This will be a one-time rebate. Mr. Taliaferro commented that the General Assembly passed a law that enabled localities to do a rebate after July 1. Mayor Turk confirmed that personal property tax bills are still due by May 31st, and that a rebate may take some time to process. She also noted that a suggestion was made to look at changing the date that personal property tax bills are due so that it doesn't occur so closely to the date that real estate taxes are due. Staff will be looking at City Code, obtaining legal counsel, and will be exploring this possibility. Mr. Saunders thanked Council for studying the possibility of a relief for citizens for the property tax bills and stated that Council is going to come forth with a plan. A. Proposed Real Estate Tax Rate for Fiscal Year 2022-2023 Hold a public hearing on the effective real estate tax rate for fiscal year 2022- 2023. Mayor Turk asked Mr. Taliaferro if he had any information concerning this item. Mr. Taliaferro stated when the total assessment for a locality increases by more than one percent, the State Code requires Council to hold a public hearing regarding the rates. The public hearing does not reflect a change in the rate, which would still be at $1.20 per one hundred. This one percent is due to an increase in real estate value Citywide. Mayor Turk opened the public hearing. Robert Andrews, 2431 Post Oak Road, asked Mr. Taliaferro if a resolution exists that adjusts the rate from $1.20 to offset the increase in assessment. Mr. Taliaferro responded that there is a calculation that shows a level real estate tax value. Mr. Andrews encouraged Council going forward to make an adjustment in the real estate tax rate. He expressed concern about the real estate tax burden due to the current economic realities, naming other peer localities with a similar population as examples that utilize lower tax rates. He discussed practical applications of real estate tax burden on citizens. Jim Soderberg, 57 Sawyer Drive, was the second and last citizen to address Council. He expressed concerns regarding the impact of taxes on those with fixed incomes or living on Social Security. He requested that Council listen closely to the recommendations made by Mr. Andrews. Mayor Turk closed the public hearing. B. Tax Rates Resolution Consider adoption of Resolution 1428, a resolution imposing taxes on real estate, tangible personal property, machinery and tools, and all legal subjects of taxation for City purposes, including the property of railroad, express, telephone, telegraph, water, heat (gas), light and power companies. Audit - Finance Committee Mr. Foley reiterated that a rebate on personal property tax on cars is being explored. James Wallace motioned to adopt to adopt a real estate tax rate of $1.20 per $100 of assessed value, a personal property tax rate of $3.40 per $100 of assessed value, and a machinery and tools tax rate of $3.20 per $100 of assessed value for the 2022-2023 fiscal year. These rates are unchanged from the current fiscal year adopted rates. John Saunders seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace C. Approval of Electric Rates Consider adoption of Resolution 1429 amending the Electric Rate Tariffs. Audit - Finance Committee James Wallace motioned to amend the City’s Electric Rate Tariffs effective July 1, 2022. The only change is that the Power Cost Adjustment factor will be $.006291 per Kilowatt Hour. John Saunders seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace D. Book of Rates - 2022 Consider the adoption of Resolution 1430 regarding the Book of Rates for 2022. Audit-Finance Committee James Wallace motioned to adopt Resolution 1430 amending the Book of Rates and Fees for the 2022-2023 fiscal year. John Saunders seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace E. Miscellaneous Fees- 2022 Consider the adoption of Resolution 1431 regarding the Miscellaneous Fees for 2022. Audit-Finance Committee Mr. Foley pointed out specific fees that were being amended for the benefit of the public. Mr. Wallace emphasized that very few fees were changing. James Wallace motioned to adopt Miscellaneous Fees Resolution 1431 for the 2022-2023 fiscal year. John Saunders seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace F. Job Classes and Pay Ranges 2022-2023 Consider adoption of Resolution 1432 amending the schematic list of job classes and pay ranges previously set forth on May 24, 2021 to be part of the 2022-2023 fiscal year budget. Audit - Finance Committee Renee Turk motioned to adopt Resolution 1432 approving the schematic list of job classes and the pay scale for the 2022-2023 fiscal year. This pay scale reflects an increase of 2% for each range and changes in the grades for certain positions. James Wallace seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace G. Proposed Budget for Fiscal Year 2022-2023 Hold a public hearing on the proposed budget for fiscal year 2022-2023. Mayor Turk noted that the budget was published in the Salem Times-Register and posted online on the Finance Department's section of the City's website. Mayor Turk opened the public hearing. John Breen, 142 Bogey Lane, appeared before Council. He asked if the allotted time to speak included questions he may have, and it was confirmed that it did not. As part of the public hearing, he stated his concerns about the budget development process. Specifically noting that he feels the process should include objectives and citizen feedback. Mr. Breen asked several questions of the City Manager and Director of Finance to which Mr. Taliaferro and Ms. Jordan provided responses for each question. Mayor Turk closed the public hearing. Mr. Foley pointed out that three five-hour Budget Work Sessions were scheduled and announced by Council for May 2nd, 3rd, and 4th and that they were open to the public. H. Salem School Division Budget Consider adoption of Resolution 1433 approving the Salem School Division budget for fiscal year 2022-2023. Audit - Finance Committee James Wallace motioned to adopt Resolution 1433 approving the budget for the Salem City Schools for the 2022-2023 fiscal year. The budget was approved by the School Board on March 22, 2022. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace I. Presentation of the Annual Budget for 2022-2023 Consider an ordinance on first reading adopting the budget for fiscal year 2022- 2023. A summary of the proposed budget was advertised in the Salem Times Register on May 12, 2022 and May 19, 2022. Audit - Finance Committee Mr. Foley noted that this will need to be amended if rebate occurs. It was also noted that the State budget has not passed yet. James Wallace motioned to approve first reading of an Ordinance to adopt the City of Salem’s 2022-2023 fiscal year budget. John Saunders seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace J. Budget Appropriation Ordinance Consider an ordinance on first reading appropriating funds for the fiscal year 2022-2023 budget. Audit - Finance Committee State Code requires the actual appropriation of budget funds as a separate Ordinance from the adoption of the budget. James Wallace motioned to approve first reading of an Ordinance appropriating funds for the City of Salem’s 2022-2023 fiscal year budget. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace K. Appropriation of Funds Consider request to amend School Operating Fund, School Grants Fund and School Cafeteria Fund budgets as approved by the School Board on April 12, 2022. Audit - Finance Committee James Wallace motioned approve appropriation changes by the Salem City Schools in the current fiscal year in the amounts of $98,442, $17,409, and $295,693 to the School Operating Fund, School Grants Fund, and the School Cafeteria Fund, respectively. The School Board amended these budgets to increase revenues and expenditures in these amounts at their April 12, 2022 meeting. John Saunders seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace L. Appropriation of Funds Consider request to amend the School Cafeteria Fund budget as approved by the School Board on May 10, 2022. Audit - Finance Committee James Wallace motioned to approve School Board appropriation changes in the amount of $63,378 to the School Cafeteria Plan. The School Board approved this amendment in both revenues and expenditures at their May 10, 2022 meeting. John Saunders seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace M. Appropriation of Funds Consider request to accept and appropriate Virginia Risk Sharing Association grant. Audit - Finance Committee James Wallace motioned to accept and appropriate a $1,000 grant awarded to the City Manager’s office from the Virginia Risk Sharing Association for use in training to support risk management activities. No matching funds are required. John Saunders seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace N. Appropriation of Funds Consider request to appropriate grant funds awarded by Virginia Tourism Corporation. Audit - Finance Committee Mayor Turk expressed commendations to Mr. Harveycutter and any employees for securing, applying for, and writing or pursuing any grants that are available. James Wallace motioned to accept and appropriate grant funds received in the amount of $20,000 from the Virginia Tourism Corporation through the Virginia Regional Marketing Program; and to authorize staff to administratively appropriate any grant funds not spent in the current fiscal year in the subsequent fiscal year. The grant will be used for marketing to attract out of town visitors to attend the Salem Fair and stay overnight in the City. An in-kind match is required and will be met through existing Salem Fair marketing expenditures. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace O. Performance Agreement with Moe's Consider a request authorizing the City Manager to finalize and execute a Performance Agreement between Shiv Kripa, LLC, the City of Salem, and the Economic Development Authority of the City of Salem. Audit-Finance Committee Mr. Taliaferro asked if Council would consider continuing Item 6O to the June 13, 2022 meeting of City Council. Mayor Turk noted that this item is a Performance Agreement for Moe’s, and that Council would continue after a corrected version of the performance agreement is obtained. Mr. Foley clarified that this is the newer restaurant on West Main Street where Zaxby's used to be. Randy Foley motioned to continue Item 6O to the 6/13/2022 meeting of City Council. James Wallace seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace P. Fiscal Agent Agreements Consider approval of the fiscal agent agreements with Court-Community Corrections and Cardinal Criminal Justice Academy. Audit - Finance Committee James Wallace motioned to authorize City staff to execute fiscal agent agreements with the Court-Community Corrections Program, Regional Alcohol Safety Action Program Board, and Cardinal Criminal Justice Academy. The City of Salem has acted as fiscal agent for these entities for a number of years and has experienced no difficulty in acting in this capacity. Each of these agencies reimburses the City for out-of-pocket expenses, such as audit fees, materials and supplies, and all other contractual related items. They also reimburse a portion of salaries and fringe benefits for all departments involved in providing services to their agencies. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace 7. Adjournment The meeting was adjourned at 7:31 p.m.