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HomeMy WebLinkAbout10/28/2024 - City Council - Minutes - RegularCity Council Meeting MINUTES Monday, October 28, 2024, 6:30 PM Regular Session 6:30 P.M. Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 24153 WORK SESSION WORK SESSION IS CANCELLED FOR OCTOBER 28, 2024. 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 (participated remotely), 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; Will Simpson, City Engineer; Clark Ruhland, Communications Specialist; and Jim Guynn, City Attorney. 2. Pledge of Allegiance Mayor Turk requested that Mr. Light read a request from Councilman Foley to participate remotely in this Council meeting. The request from Councilman Foley stated: "in accordance with Section 2.2- 3708.3 B(1) of the Code of the Commonwealth of Virginia and the Remote Participation Policy of the City of Salem, I hereby request to participate remotely due to a temporary medical condition that prevents my physical attendance. William Jones motioned to accept the remote participation of Councilman Foley. H. Hunter Holliday seconded the motion. Ayes: Holliday , Jones, Turk, Wallace Abstain: Foley 3. Bid Openings, Awards, Recognitions Mayor Turk recognized Stuart Hill and his son, Gabe Hill, from Boy Scout Troop #51. Gabe shared that he was working on his Citizenship In the Community Merit Badge and that one of the requirements was to attend a local meeting. Mayor Turk welcomed them and thanked them for their attendance this evening. She shared the Council meeting schedule. 4. Consent Agenda A. Citizen Comments Comments from the public, limited to five minutes, on matters not already having a public hearing at the same meeting. John Breen, 142 Bogey Lane, was the first citizen to address Council this evening. He expressed concerns in relation to City Code, Code enforcement, blight, and nonconforming issues. He offered six governing principles for consideration of adoption by Council. He also requested that Council create an annual Citizenship Leadership Seminar and offered specific suggestions for this. He offered $1,500 as seed money for this seminar if Council was amenable to such a seminar. Ronald Thompson, 1000 W. Riverside Drive, expressed continued concern about trees falling on their property. He noted that they had discussed the situation with Community Development and updated Council and staff on their situation since the previous meeting at which he had spoken. B. Minutes Consider acceptance of the October 7, 2024, Work Session and Regular Meeting minutes. The minutes were approved as written. C. Financial Reports Consider acceptance of the Statement of Revenues and Expenses for the three months ending September 30, 2024. The financial reports were received. 5. Old Business A. Amendment to the City Code - Chapter 106 Zoning Consider ordinance on second reading enacting Chapter 106, Zoning, Article III, Use and design standards, section 106-310.25 and amending Chapter 106, Zoning, Article II, District Regulations, Section 106-214.2(B)(5) Commercial use Types, Article VI. Definitions and use types, Section 106-602.9 Commercial use types and adopting Section 106-310.25 pertaining to retail sales, Smoke Shop of the CODE OF THE CITY OF SALEM, VIRGINIA (Adopted on first reading at the October 7, 2024, meeting.) Mayor Turk asked Mr. Simpson to share information on this item for the benefit of the public, He explained that this was a new section that would be added to the City Code that would regulate specifically vape shops. This would add in a special use and would give regulations for where these shops can be located, what kind of signage they can have, and the type of advertising in windows that can be used in those different types of shops. Mayor Turk noted that this was a law passed by the General Assembly that gives localities the power to be able to put restrictions on where they can be located, visibility, and signage. She added that Council had been provided with maps in their packets indicating the location of current schools, daycare centers, and other sites that deal with children. William Jones motioned to adopt ordinance on second reading enacting Chapter 106, Zoning, Article III, Use and design standards, section 106-310.25 and amending Chapter 106, Zoning, Article II, District Regulations, Section 106-214.2(B)(5) Commercial use Types, Article VI. Definitions and use types, Section 106-602.9 Commercial use types and adopting Section 106-310.25 pertaining to retail sales, Smoke Shop of the CODE OF THE CITY OF SALEM, VIRGINIA. H. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace 6. New Business A. Vacation of Right of Way Hold a public hearing on the request of Mount Sinai Properties-Salem, LLC, a Virginia limited liability company, to consider permanently vacating and disposing of an approximate 1.908 acres of a dead-end street section of Glenmore Drive and consider adoption of Resolution 1484 appointing viewers to review and report on this request. (As advertised in the October 3 and 10, 2024, issues of the Salem Times-Register). Mayor Turk asked Vice-Mayor Wallace to open the public hearing and noted that she would recuse herself because one of the potential viewers was a relative of hers. Vice-Mayor Wallace opened the public hearing. Phoebe Brannock, addressed Council on behalf of Carter Machinery, which is a parent company of Mount Sinai Properties-Salem, LLC. She noted from the agenda packet that all of the parcels surrounding Glenmore Drive are owned by Mount Sinani Properties-Salem and that they are all Carter Machinery parcels. She also noted that the notice had been advertised appropriately and that Mount Sinai was prepared to cooperate with any utility easements that the City requested based on the viewers' findings. She requested that Council appoint the viewers. Vice-Mayor Wallace requested that Ms. Brannock state her address for the record. Ms. Brannock clarified that she was Legal Counsel with the law firm Gentry Locke. Mr. Jones asked to clarify if the purpose tonight was simply to appoint the viewers. Mr. Light responded affirmatively and noted that when the City receives a request, the City is required to hold a public hearing by State Code and that the next action was for Staff to request Council to appoint viewers. City Staff will then work with the viewers to evaluate the request and they will come back before Council with a recommendation at a subsequent meeting. Mr. Jones asked if the motion to appoint viewers was the only action that would take place this evening. Mr. Light confirmed this. John Breen, 142 Bogey Lane, noted that he was not opposed to this reversion of land to the abutting property owners but that he had a concern that he wished to raise. He expressed that as this was public property, he suggested that the property be appraised so that the taxpayers would receive some money for the abandonment. Stella Reinhard, 213 North Broad Street, was the last citizen to address Council. She asked to clarify if this request was for an alley. It was clarified by Council that this was a public street. She asked to clarify if the request was for Mount Sinai Properties to acquire the street and then get rid of the public street. It was confirmed by Mr. Jones that this was the intent. Ms. Reinhard expressed concern about not retaining the original grid of the street and alley system of the City and the value they hold in some instances. Vice-Mayor Wallace closed the public hearing and indicated that he would entertain a motion to appoint a committee to study the matter. Mr. Jones asked to confirm how many viewers. Mr. Light responded that three viewers were needed. He added that staff would recommend that Council consider William R. Shepherd, Wendell Ingram, Jr., and Frank P. Turk as viewers. Councilman Foley asked if there were any other options. He noted that he had no issue with Mr. Turk but that he thought it would be wise to select an alternative viewer for Mr. Turk so that Mayor Turk would not need to recuse herself from the vote. Mr. Light noted that the City does not currently have a pool of more people as these requests are fairly infrequent. He stated that staff could reach out and come up with someone else. He continued that the intent was to have varied expertise from the viewers that gave an unbiased look to work with staff. Mr. Foley noted that if the Mayor had to recuse herself from this vote that she would have to recuse herself from future votes of this type if Mr. Turk served. Mr. Light indicated that this would be up to Council. He noted that Council could make a motion to appoint the other two and that if they were amenable to staff selecting the other administratively, then they could do that. Mr. Light and Mr. Dorsey indicated that these three had served in this capacity for quite a few years and were not just randomly selected. Mr. Jones asked Mayor Turk to clarify what part of her family was involved. Mayor Turk clarified that her brother-in-law was under consideration as a viewer. Mr. Jones stated that under the circumstances that he was not involved as a member of Carter Machinery as applicant that he would like to make a motion to select the three viewers as stated by Mr. Light to review the property and come back with a recommendation to Council. William Jones motioned to adopt Resolution 1484 appointing viewers to review and report on this request. H. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Jones, Wallace Abstain: Turk B. Roanoke College Science Center - Phase I Consider setting bond for physical improvements and erosion and sediment control and landscaping for Roanoke College Science Center - Phase I. Audit - Finance Committee The City Engineer’s office has reviewed the estimate for physical improvements and erosion and sediment control and landscaping for Roanoke College Science Center - Phase I located at 240 N. Market Street. James Wallace motioned that the project be bonded in the amount of $115,322.00 for a time frame for completion set at twelve (12) months. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace C. Bojangles Drive Thru Improvements Consider setting bond for erosion and sediment control for Bojangles Drive Thru Improvements. Audit - Finance Committee The City Engineer's office has reviewed the estimate for erosion and sediment control for Bojangles Drive Thru Improvements located at 1590 West Main Street. James Wallace motioned that the project be bonded in the amount of $4,640.00 for a time frame for completion set at twelve (12) months. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace D. Boards and Commissions Consider appointments to various boards and commissions. Mayor Turk encouraged citizens to look online under Boards and Commissions for the City of Salem. She noted that a number of different positions are listed there and to put an application in with the City for any that they had an interest in for future openings. James Wallace motioned to reappoint Dr. Steven L. Powers for a three-year term ending November 8, 2027, to the Roanoke Valley Greenway Commission. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace 7. Closed Session A. Closed Session Hold a closed session in accordance with Section 2.2-3711 A(1), A(3) and A(8) of the 1950 Code of Virginia, as amended, for discussion of the following specific matters: (1) Discussion of a personnel matter pertaining to School Board appointments. (2) Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel; and 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. Vice-Mayor Wallace motioned that, in accordance with Section 2.2-3711 A (1), A(3), and A(8) of the 1950 Code of Virginia, as amended, Council hereby convenes to closed session at 6:58 p.m. for the purpose of discussing the following matters: 1) Discussion of a personnel matter pertaining to School Board appointments. 2) Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel; and 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. William D. Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace Mayor Turk noted that it was not anticipated that any action would be taken this evening. James Wallace motioned to reconvene at 7:51 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 6:58 p.m.