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HomeMy WebLinkAbout1/10/2022 - City Council - Minutes - RegularCity Council Meeting MINUTES Monday, January 10, 2022, 6:30 PM Work Session 5:45 P.M. Parlor A, Salem Civic Center, 1001 Roanoke Boulevard, Salem, Virginia 24153 Regular Session 6:30 P.M. Community Room, Salem Civic Center, 1001 Roanoke Boulevard, Salem, Virginia 24153 WORK SESSION 1. Call to Order A. Roll Call A work session of the Council of the City of Salem, Virginia, was held in Parlor A at the Salem Civic Center, 1001 Roanoke Boulevard, Salem, Virginia, on January 10, 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; Rob Light, Assistant City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Crystal Williams, Assistant to the City Manager; Laura Lea Harris, Deputy Clerk of Council; Jim Guynn, City Attorney; Travis Andrews, attorney with Guynn, Waddell, Carroll & Lockaby; and Will Simpson, City Engineer; 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) Mobility Systems discussion 2) Discussion of School Board terms as a result of the mandated change requiring November Council elections. WHEREAS, Jim Guynn introduced Travis Andrews, new attorney with Guynn, Waddell, Carroll & Lockaby. He proceeded to explain the background for a proposed amendment to Section 86 of City Code allowing the City Manager oversight of dockless mobility system. This amendment is driven by State Code. Mr. Guynn recommended that a Pilot program would be appropriate and that since the current ordinance does not allow for a pilot program that the proposed ordinance would allow for this. A pilot program along with a Memorandum of Understanding would allow the City to monitor and structure the requirements necessary to allow for dockless mobiility systems in the City of Salem. He recommended an application form for the City's use. Mr. Guynn shared a map that reflected the area of Salem that would be impacted and recommended that this ordinance be brought before Council for approval at the next Council meeting and also suggested that staff would manage the applications and monitoring of such system; and WHEREAS, Mr. Taliaferro gave background for a discussion on the effect of the mandated change requiring November Council elections on School Board terms. The potential issue that Council foresees is that any outgoing Council members would be appointing School Board members for a future term. They also discussed that training for new School Board members could be an issue if the appointment timeline is changed. Consensus was reached that they would wait and see how things work out this coming year and then make a decision. It was also found that the training for new School Board members was late enough in January that it should not pose a problem; and 3. Adjournment WHEREAS, there being no further business, Mayor Turk adjourned the meeting at 6:18 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; 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 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) Cynthia Munley, 425 Roanoke Boulevard -A big done deal. 2) William Stetson, 126 Carrollton Avenue - Speeding problems on residential streets 3) John Breen, 142 Bogey Lane - What ever happened to 1-11-21? 1) Cynthia Munley, 425 Roanoke Boulevard, appeared before Council. She discussed the rezoning of the Elizabeth Campus property and requested that Council bring citizens into the planning and execution of all development in Salem. 2) William Stetson, 126 Carrollton Avenue, addressed Council. He shared concerns about speeding problems on residential streets. 3) John Breen, 142 Bogey Lane, was the last citizen to address Council. He reviewed a resolution that he had proposed to Council in January 2021 and detailed the current status of each aspect. Mr. Breen gave a list of specific actions that he requested be take in 2022. B. Minutes Consider acceptance of the December 13, 2021 Work Session and Regular Meeting minutes and the December 28, 2021 Special Meeting minutes. The minutes were accepted as written. C. Financial Report Consider the acceptance of the Statement of Revenues and Expenses for the five months ending November 30, 2021. Mr. Jones noted that sales tax, meals tax, and lodging tax were up $425,000 from this time last year. He indicated that this was an indication of the positive direction of the economy. The financial reports were received. 5. Old Business A. Amendment to City Code - Chapter 2 Consider the adoption of an ordinance on second reading to amend Chapter 2-Administration, Article I-In General of the Code of the City of Salem as a result of the approved Virginia General Assembly Senate Bill 1157 that requires municipalities pass ordinances changing elections from May to November. (Approved on first reading at December 13, 2021 meeting.) William Jones motioned to adopt the ordinance on second reading to amend Chapter 2- administration, Article I-In General of the Code of the City of Salem as a result of the approved Virginia General Assembly Senate Bill 1157 that requires municipalities pass ordinances changing elections from May to November. (Approved on first reading at the December 13, 2021 Council meeting.). Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace 6. New Business A. Use Not Provided For Permit Hold public hearing to consider the request of Sia Asset Management LLC, applicant, and Helm Building Enterprises, LTD, property owner, for a Use Not Provided For Permit to allow crypto mining at 1401 Southside Drive, Tax Map # 165-4-2.1. (As advertised in the December 23 and 30, 2021 issues of the Salem Times-Register). (Planning Commission recommends approval with conditions: see pages 3-7 of Planning Commission minutes) STAFF REPORT Mr. Taliaferro noted that the petitioners are not present tonight and that Council could continue the public hearing until January 24th and hold the public hearing at that point. Mayor Turk stated that Council wanted to be able to hear everyone's comments and to allow those that are petitioning to be able to speak. Mr. Foley asked if the public hearing had to be held tonight as it had been advertised and was informed that a motion could be made to continue it to a later date. Mr. Foley requested to continue the public hearing to the first meeting in February to allow for more time to do research. Mayor Turk agreed that February 14th would give Council more time to read and study about crypto mining. Randy Foley motioned to continue the date of this item to February 14, 2022 at the Salem Civic Center, where there will be a public hearing. John Saunders seconded the motion. Ayes: Foley, Saunders, Turk, Wallace Abstain: Jones B. Resolution - VDOT I-81 Project Consider adoption of Resolution 1417 in support of design approval and limited access control changes for the Interstate 81 widening project from Exit 137 to Exit 141. Mr. Simpson noted that the project is an expansion of I-81. Work is currently being done on I-81 from Exit 141-Exit 150. The section from Exit 137 to Exit 141 directly impacts Salem. VDOT is still in the design process. They have shared plans for what they are doing and how it will impact certain areas in Salem and the exits off the Interstate. The only action being taken now is voting on a resolution in support of the project. Council is not being asked to commit to approval of any specific designs or details at this point. Mayor Turk asked a question that had been raised by the public as to whether this would have anything to do with lights on the exits. Mr. Simpson stated that this detail is not included in this and that he did not believe that VDOT was that far along in the details at this point. Mr. Foley asked if there would be additional public hearings once the design was finalized. Mr. Simpson did not know if there would be any further public hearings. Mr. Foley also asked if they were looking at changing any of the exits, for example Exit 137 South having a sharp turn. Mr. Simpson stated that they are looking at making some changes at Exit 137 to help improve traffic flow off of the exit onto Wildwood. They are also looking at making some minor changes at the Thompson Memorial exit to help with the turning radius of larger trucks. Randy Foley motioned to adopt Resolution 1417 in support of the design approval and limited access control changes for the Interstate 81 widening project from Exit 137 to Exit 141. William Jones seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace C. Performance Agreement with Layman Consider a request authorizing the City Manager to finalize and execute a Performance Agreement between Layman Candy Company, LLC and Layman Real Estate Holdings, LLC, the City of Salem, and the Economic Development Authority of the City of Salem. Audit - Finance Committee Mr. Wallace gave some background information on this item as included in the agenda packet. as follows: Layman Candy Company, Inc. has experienced significant growth and intends to relocate its headquarters and primary distribution center to 2159 Apperson Drive in the City of Salem. This project will include a significant capital investment in this site by the company that will generate additional tax revenue for the City. Additionally, the company intends to create and maintain a significant number of new jobs. The proposed performance agreement establishes targets related to sales growth, new jobs, minimum capital investments, timing for investment, and length of occupancy. The City will provide the Economic Development Authority (EDA) of the City of Salem up to a total of $250,000 to be paid as a local grant by the EDA in five consecutive annual lump sum payments of $50,000 each to the company as an inducement to achieve and maintain the targets. The company shall forfeit the local grant for any year in which it fails to achieve and/or maintain any target under the agreement. At their regular October 11, 2021 meeting, the EDA authorized the EDA Chair to execute the agreement contingent upon approval by Council. He also shared that in further conversations with Mr. Wayne Adkins, Business Outreach Coordinator, the Audit-Finance Committee learned that Layman Candy will be putting a new freezer in and making capital improvements to the project. These two factors alone will net the City $10,000 at the end of this agreement. In addition, if they meet their growth targets this will be a good deal for the City. Mr. Foley clarified the location for the benefit of the public as the old Brendle's or ECPI building on Apperson just before you cross into Roanoke City. James Wallace motioned to authorize the City Manager to finalize and execute a Performance Agreement between Layman Candy Company, LLC and Layman Real Estate Holdings, LLC, the City of Salem, and the Economic Development Authority of the City of Salem. John Saunders seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace D. Simms Farm Section 2 Consider setting bond for physical improvements and erosion and sediment control for Simms Farm Section 2. Audit - Finance Committee James Wallace motioned to approve physical improvements and erosion and sediment control for Simms Farm Section 2 and that the project be bonded in the amount of $189,184.00 for a time frame for completion set at twelve (12) months. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace E. Boards and Commissions Consider appointments to various boards and commissions. Mr. Foley asked Mr. Taliaferro if the Western Virginia Regional Industrial Facilities Authority is normally filled by managers and administrators or if this would potentially be filled by Economic Development Director once that position is filled. Mr. Taliaferro responded that this could also be filled by Economic Development as well. Mr. Light added that the City Manager and himself are serving on that Board currently and that there is a vacant alternate position for his position as well. Randy Foley motioned to to re-appoint David Brittain for a three-year term ending February 14, 2025 to the Real Estate Tax Relief Review Board; to re - appoint James Taliaferro for a full four-year term ending February 3, 2026 to the Western Virginia Regional Industrial Facilities Authority; and to re -appoint Crystal Williams as an alternate for a full four-year term ending February 3, 2026 to the Western Virginia Regional Industrial Facilities Authority. William Jones seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace Mayor Turk asked if there was any further new business. Mr. Guynn stated that the law firm that represents the City of Salem in the Opioid litigation is also the attorney of record for the closing the bond sale for refunding a water and sewer bond. He requested that City Council vote to authorize the City Manager to sign a waiver of Conflict of Interest. He noted that basically the Opioid litigation has nothing to do with the bond closing. Renee Turk motioned to authorize the City Manager to sign a waiver of Conflict of Interest. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace 7. Adjournment The meeting was adjourned at 7:03 p.m.