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HomeMy WebLinkAbout3/14/2022 - City Council - Minutes - RegularCity Council Meeting MINUTES Monday, March 14, 2022, 6:30 PM Work Session is cancelled for March 14, 2022 WORK SESSION WORK SESSION IS CANCELLED REGULAR SESSION AMENDED AGENDA 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; Rob Light, Assistant City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Will Simpson, City Engineer; Mike Stevens, Director of Communications; and Jim Guynn, City Attorney. 2. Pledge of Allegiance 3. Bid Openings, Awards, Recognitions A. Recognition- Carey Harveycutter Recognition of Carey Harveycutter for receiving the Division III Commissioner's Award for 2021 and being selected for induction in the Virginia High School Hall of Fame. He will be inducted on April 24, 2022. Mayor Turk first welcomed from the Salem Police Department Senior Police Officer Rachel Frith and Officer James Adair. Officer Frith introduced Officer Adair and stated that he is almost finished with his field training and will soon be released to solo patrol. Mayor Turk thanked him for his commitment to serve and protect the citizens of The City of Salem. Mayor Turk recognized the positive contributions that Mr. Harveycutter, the Tourism Director for the City of Salem, makes on the City and shared details on the two awards he has recently received: This winter, Carey was presented with a Meritorious Service Award by the NCAA Division III Commissioner’s Association, and last week he was selected for induction into the Virginia High School League Hall of Fame. His induction into the Hall of fame will take place on April 24 in Charlottesville." Mayor Turk presented a trophy to Mr. Harveycutter and Mike Stevens took a picture of him with City Council. Mr. Harveycutter expressed that "when you get recognized for doing something you truly enjoy, it makes it extra special." He spoke of the support that he has received from John Shaner, John Saunders, the group at the Salem Civic Center, and the Parks and Recreation Department. He also said that it is a team effort, and the focus has always been on the student athletes. He thanked Council for the recognition. 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) John Breen, 142 Bogey Lane - What ever happened to 12-13-21? 2) Cynthia Munley, 425 Roanoke Boulevard - Responding appropriately and meaningfully to citizen concerns brought to Salem leaders John Breen, 142 Bogey Lane, appeared before Council. He spoke on the history of citizen requests, suggestions, and concerns that have been brought to Council. He requested that Council track and report on citizen requests, suggestions, and concerns and he offered specific suggestions for doing so. Cynthia Munley, 425 Roanoke Boulevard, was the last citizen to speak before Council. She spoke on responding appropriately and meaningfully to citizen concerns brought to Salem leaders. She specifically referenced a request that had been made to weigh in with a letter of non-approval to the State Agency, the Department of Environmental Quality, with a comment to urge them to reject MVP's request for a Clean Water Permit. Mrs. Munley expressed her ongoing concerns with the action taken to this request. B. Minutes Consider acceptance of the February 14, 2022 Work Session and Regular Meeting minutes. The minutes were accepted as written. C. Financial Reports Consider acceptance of the Statement of Revenues and Expenditures for the seven months ending January 31, 2022. Mr. Jones noted that revenues were down about $285,000 compared to last year and spending was down $4,511,427 from last year. He thanked staff that is dealing with the budget for this. The financial reports were received. 5. Old Business A. Public Improvement Bonds Consider ordinance on second reading authorizing the issuance and sale of general obligation public improvement bonds in an aggregate principal amount not to exceed $2,350,000. (As advertised in the January 20 and January 27, 2022 issues of the Salem Times - Register.) Randy Foley motioned to adopt ordinance on second reading authorizing the issuance and sale of general obligation public improvement bonds in an aggregate principal amount not to exceed $2,350,000. William Jones seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace 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, 2022. Date set for public hearing at February 14, 2022 meeting. (Advertised in the February 24, 2022 issue of the Salem Times- Register) Mayor Turk opened the public hearing. Bennett Early, owner of B. Early Cab Service, 1415 Antrim Street, came forward to speak. He expressed that he wanted to make Council aware of a law reversing the use of handheld personal communication devices in certain motor vehicles and the penalties thereof that he felt would affect cab service statewide. He distributed a copy of the law for Council to refer to. This repealed Section 46.2-1078.1 effective January 1, 2021. He explained that taxicab companies are no longer able to operate with a program that was being utilized on the cellphone. Mr. Early expressed a need for an exemption for public transportation for this statute. He requested that Council or the City Attorney assist him in addressing his concerns. Mr. Saunders responded that he would make a couple of phone calls and communicate back with Mr. Early. Mayor Turk closed the public hearing. Randy Foley motioned to award Certificates of Public Convenience and Necessity for the next twelve (12) months, beginning April 1, 2021 to B. Early Cab Service, LLC and Daniel Stephen Reid, trading as Reid Taxi. John Saunders seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace B. Amendment to City Code - Chapter 106 Consider ordinance on first reading amending Chapter 106, Zoning, Article IV. Development Standards, Section 106-400 pertaining to site plan review. Continued from the January 24, 2022, meeting at which public hearing was held (As advertised in the January 6 and 13, 2022 issues of the Salem Times- Register.) Planning Commission recommends approval; see pages 6-7 of Planning Commission minutes). William Jones motioned to approve ordinance on first reading amending Chapter 106, Zoning, Article IV. Development Standards, Section 106-400 pertaining to site plan review. John Saunders seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace C. Amendment to City Code - Chapter 78 Consider ordinance on first reading amending Chapter 78, Subdivisions, Article I Generally, Sections 78-103 and 78-105, Article II Administration, 78-201, Article III Definitions, Section 78-300, Article IV Review of Plats, Sections 78- 402, 78-403, 78-406, 78-408, 78-416, and 78-421.4 of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to the review of subdivision site plans and plats. (Continued from the January 24, 2022, meeting at which public hearing was held. As advertised in the January 6 and 13, 2022 issues of the Salem Times-Register. Planning Commission recommends approval; see pages 7-8 of Planning Commission minutes). Mr. Wallace applauded Community Development for their efforts to modernize and improve the City's Code. He noted that he voted in favor of the previous amendment to change City Code Chapter 106 because the change would not affect current developments in progress. He stated that while he felt the current amendment was well-intentioned that he had reservations about implementing this until current subdivisions in process have been completed. He expressed the concern that citizens would see this as catering to developer's needs. He felt that the benefit of making change now is outweighed by the perception that citizens may have of making this change at this moment. Randy Foley motioned to approve ordinance on first reading amending Chapter 78, Subdivisions, Article I Generally, Sections 78-103 and 78-105, Article II Administration, 78-201, Article III Definitions, Section 78-300, Article IV Review of Plats, Sections 78- 402, 78-403, 78-406, 78-408, 78-416, and 78-421.4 of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to the review of subdivision site plans and plats. William Jones seconded the motion. Ayes: Foley, Jones, Saunders, Turk Abstain: Wallace D. Appropriation of Funds Consider request to amend the School Operating Fund and School Grants Fund budgets as approved by the School Board on February 8, 2022. Audit - Finance Committee James Wallace motioned to approve the School Board’s appropriation changes of $102,864 and $1,679,751 to the School Operating Fund and the School Grants Fund, respectively. John Saunders seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace E. Appropriation of Funds Consider request to appropriate Downtown Improvement Reserve funding in the Capital Projects Fund. Audit - Finance Committee Mayor Turk noted that this fund is being established to help fill in the gap when additional things need to be done in the Downtown area. Mr. Taliaferro noted that it could be used to supplement the existing streetscaping projects if there is an overrun or for specific projects downtown that are independent of VDOT funding such as placemaking and creating a specific area in the downtown area. Mayor Turk noted for the public's knowledge that a lot of the renovation and streetscaping projects that are being done in phases utilize money that has been approved by VDOT and has to be done in phases as a certain amount of money is available each year as opposed to using funding from tax money to do this type of work. This will provide funds for continued work in the downtown area. James Wallace motioned to appropriate $40,350 to the Transfer from General Fund revenue account and to the Downtown Improvements Reserve expenditure account. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace F. Appropriation of Funds Consider request to appropriate grant funds awarded by Library of Virginia. Audit - Finance Committee James Wallace motioned to appropriate $21,314 in grant revenue to American Rescue Plan Act Funding – Library of VA account and increase the budget for the American Rescue Plan Act expenditures – Library of VA account by $21,314. It is also recommended that any of this grant not spent in the current fiscal year be administratively appropriated in the subsequent fiscal year. John Saunders seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace G. Tropical Smoothie Cafe & Jersey Mikes Consider setting bond for erosion and sediment control and landscaping for Tropical Smoothie Cafe and Jersey Mikes. Audit - Finance Committee Mr. Jones noted for the public that this is located where the old Pizza Hut was on Main Street in Salem. James Wallace motioned to approve erosion and sediment control and landscaping for Tropical Smoothie Café & Jersey Mikes and that the project be bonded in the amount of $19,734.00 for a time frame for completion set at twelve (12) months. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace H. Ridge View Bank Consider setting bond for erosion and sediment control, landscaping and physical improvements for Ridge View Bank. Audit - Finance Committee Mr. Jones noted that this is going where the old car wash was on Main Street in Salem. James Wallace motioned to approve erosion and sediment control, landscaping, and physical improvements for Ridge View Bank and that the project be bonded in the amount of $20,592.00 for a time frame for completion set at twelve (12) months. John Saunders seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace I. Boards and Commissions Consider appointments to various boards and commissions. Randy Foley motioned to recommend Tom Copenhaver for Circuit Court re- appointment to the Board of Zoning Appeals for a five-year term ending March 20, 2027; to recommend Rosie Jordan, April Staton, and Tom Bowers to the Regional Alcohol Safety Action Program Policy Board for the completion of the unexpired term through June 30, 2022, and for re-appointment for a three-year term from July 1, 2022 through June 30, 2025; and to recommend Rosie Jordan to the Regional Community Criminal Justice Board for the completion of the unexpired term through June 30, 2022, and for re-appointment for a three-year term from July 1, 2022 through June 30, 2025. William Jones seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace 7. Closed Session A. Closed Session Hold a closed session in accordance with Sections 2.2-3711 A (1), (3), (6), and (7) of the 1950 Code of Virginia as amended for: 1. 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 the acquisition of real property; and for discussion or consideration of the investment of public funds where competition or bargaining is involved, where, if made public initially, the financial interest of the government unit would be adversely affected. 2. 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. 3. Discussion of a personnel matter pertaining to the Assistant City Manager's annual evaluation. Jim Wallace motioned that Council move to closed session at 7:25 p.m. in accordance with Sections 2.2-3711 A (1), (3), (6), and (7) of the 1950 Code of Virginia as amended for a discussion of 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 the acquisition of real property; and for which a discussion or consideration of the investment of public funds where competition or bargaining is involved, where, if made public initially, the financial interest of the government unit would be adversely affected. 2) 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. 3) A discussion of a personnel matter pertaining to the Assistant City Manager’s annual evaluation. William Jones seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace James Wallace motioned to reconvene at 8:38 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. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace 8. Adjournment The meeting was adjourned at 8:38 p.m.