HomeMy WebLinkAbout12/13/2021 - City Council - Minutes - RegularCity Council Meeting
MINUTES
Monday, December 13, 2021, 6:30 PM Work Session 5:30 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 December 13, 2021, at 5:30 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 (remote), William D. Jones (absent), 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; Tammy Todd,
Assistant Director of Finance; Crystal Williams, Assistant to the City
Manager; Laura Lea Harris, Deputy Clerk of Council; Nancy Agee,
President/CEO of Carilion; William Fintel, M.D., Medical Director,
Carilion Clinic Hematology-Oncology; and John Aldridge, CPA/Partner,
Brown Edwards; 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) Nancy Agee - Carilion's concept for new regional cancer center
2) Overview of Comprehensive Annual Financial Report (CAFR)
- Brown Edwards - John Aldridge
WHEREAS, Nancy Agee shared background history of Carilion. She
stated that the current Cancer Center is 40 years old. She shared her
vision for the new campaign for Destination Cancer Center which
includes new research and therapies and a new Advanced Imaging
Center. They hope to break ground in about eighteen months and the
project should take about 2 years to complete. Dr. William Fintel, who
joined Carilion about 25 months ago, shared further details along with his
passion for this project. The proposed site is at the Riverside Campus
along Reserve Avenue in Roanoke. They requested support from the City
of Salem as about one-third of the patients at Roanoke Memorial
Hospital are Salem residents and 38-52% of their cancer patients are
Salem residents; and
WHEREAS, John Aldridge, with Brown Edwards stated that he had met
with the Audit-Finance Committee on Thursday, December 9 and went
over the Comprehensive Annual Financial Report in detail. The state
requires that the audit be presented in a public meeting and approved
before being certified and filed with the sate prior to December 15. There
were no findings on State and Federal testing, giving Salem a clean
report. Some discussion was held about the optimum level of fund
balance to hold in Reserves; and
3. Adjournment
WHEREAS, there being no further business, Mayor Turk adjourned the
meeting at 6:24 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 6:31 p.m., there being present the following members to
wit: Renée Ferris Turk, Mayor; James W. Wallace, III, Vice -Mayor;
Councilmembers: Byron Randolph Foley (remote), William D. Jones
(absent), 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; Chuck Van Allman, Director of Community Development; Mike
Stevens, Director of Communications; and Jim Guynn, City Attorney. Mayor Turk requested that Mr. Light read a request from Mr. Foley to participate remotely in this Council meeting. The request from Mr.
Foley stated: "In accordance with Section 2.2-3708.2 l(A) 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 medical reason."
James Wallace motioned to approve remote participation of Mr. Foley
in the December 13, 2021 City Council meeting. John Saunders
seconded the motion.
Ayes: Saunders, Turk, Wallace
Absent: Jones
Abstain: Foley
2. Pledge of Allegiance
3. Bid Openings, Awards, Recognitions
Mayor Turk mentioned that Salem is currently among the highest
transmission rates for the COVID virus, and she requested that everyone
be conscientious over the next few weeks as we move through the
holidays. She stated that Chief Prillaman has worked very hard with the
community and the regional area, and we want to be careful to stay on
top of things, wear masks, and not let our guard down over the holidays.
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...
2) Cynthia Munley, 425 Roanoke Blvd. - Survey of Salem's Past decision-making
3) Nora Smith, 1135 Lynchburg Turnpike - Fiscal, environmental,
and aesthetic decision-making concerning Salem's large projects
4) Tessa Warner, 745 Virginia Avenue - Keeping Salem Greenway clean
1) John Breen, 142 Bogey Lane, appeared before Council. He expressed
concerns about the procedure followed when Salem sells an asset. He
specifically discussed the recent sale of the Union Street property. He
suggested that Council adopt an ordinance that includes elements from
other Virginia government entities. Mr. Breen cited specific elements that
he would like to see included in such ordinance and requested that
Council advise him by February's second Council meeting if these
suggestions will be addressed.
2) Cynthia Munley, 425 Roanoke Boulevard, addressed Council. She
spoke on specific past decisions made by Salem that she felt could have
left the City with a better legacy and options if they had been handled
differently.
3) Nora Smith, 1135 Lynchburg Turnpike, offered two suggestions for
Council's consideration in helping to make Salem as attractive and
pleasant as possible. She proposed increasing the budget to plant more
trees and also recommended more sidewalks. She expressed that the
need for sidewalks was especially critical at the
corner of Main Street and Lynchburg Turnpike at East Hill Cemetery.
4) Tessa Warner, 745 Virginia Avenue, was the last citizen to address
Council. Tessa is a six-year-old Salem citizen that is in the first grade at
G.W. Carver. She expressed appreciation that she was able to be
transported by bus to school last year so that she could go to school and
learn with her teacher and friends rather than having to stay at home and
learn on the computer. Tessa shared information about the Roanoke
logperch nicknamed "Pride of the Roanoke Valley" and the need to keep
Salem's Greenway and river clean. She thanked Salem for building
Salem's Greenway and keeping it repaired.
B. Minutes
Consider acceptance of the November 22, 2021 Work Session and
Regular Meeting minutes.
The minutes were accepted as written.
5. Old Business
6. New Business
A. Emergency Ordinance to Amend Chapter 26
Consider the adoption of an Emergency ordinance to amend Chapter 26 -
Elections, 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. (Due to the requirement that municipalities address these
changes by ordinance prior to January 1, 2022, it is requested, upon
a four-fifths vote by Council, the second reading be waived, and the
ordinance adopted as an emergency measure).
City Attorney Jim Guynn stated that when the Act was codified, the
General Assembly left the last paragraph off and that if you look at the
Code right now, it does not say anything about having to pass an
ordinance.
Mayor Turk verified with Mr. Guynn that in order to be in compliance
with our Code the City has to have in ordinance.
John Saunders motioned to adopt Emergency ordinance to amend
Chapter 26-Elections, 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. James Wallace seconded the motion.
Ayes: Foley, Saunders, Turk, Wallace
Absent: Jones
B. Amendment to City Code - Chapter 2
Consider the adoption of an ordinance on first 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.
Mayor Turk stated that the action taken by the General Assembly
requires that Salem's Code be amended.
Mr. Guynn stated that this one is a bit trickier because the statute came into
effect at the end of the General Assembly session and is in direct conflict
with Salem's Charter because the Charter says that Council holds an
organizational meeting in July after a May election. This moves the
organizational meeting to January. Mr. Guynn also shared that the City had
received an opinion from the Attorney General's office that the statute
actually contemplates a de facto change in the Charter, which means that
Salem has the authority to move the organizational meeting to the first
meeting in January.
John Saunders motioned to adopt on first reading Chapter 26 - Elections,
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.
James Wallace seconded the motion. Ayes: Foley, Saunders, Turk, Wallace
Absent: Jones
C. City of Salem - Emergency Operations Plan Resolution Consider adoption of Resolution 1416 adopting the “City of Salem,
Virginia, Emergency Operations Plan” (EOP) dated December 1, 2021 and
directing the City Manager and affected officers and departments to develop
the organization prescribed by the plan.
Mr. Taliaferro clarified that the City is required to adopt an Emergency
Operations Plan every four years. There was a reprieve last year due to
COVID. He thanked Chief Prillaman and Cole Taggart, with the Virginia
Department of Emergency Management, for all of their work in putting this
together.
Mayor Turk also thanked them for the hard work.
Mr. Wallace questioned whether there were any significant changes in this
version. Chief Prillaman shared that keeping staffing updated is an ongoing
process and that there was only one addition: a requirement to notify
Virginia Criminal Justice Services of an emergency so they can go out and
help. If Virginia adopts a different code, they are required to make sure that
reference is reflected as well. There were not a lot of changes in this
version.
John Saunders motioned to adopt Resolution 1416 adopting the “City of
Salem, Virginia, Emergency Operations Plan” (EOP) dated December 1,
2021 and directing the City Manager and affected officers and departments
to develop the organization prescribed by the plan. James Wallace seconded
the motion.
Ayes: Foley, Saunders, Turk, Wallace
Absent: Jones
D. Bulk Water Sale/Purchase Agreement with Western Virginia Water Authority
Authorize the City Manager to finalize and execute a bulk water
sale/purchase agreement with the Western Virginia Water Authority
(WVWA). Audit-Finance Committee
Mr. Wallace stated that the Audit-Finance Committee met and reviewed
the proposed bulk water contract with the Water Authority. The Committee
recommended approval of the contract at an initial rate of $1.79 per 1,000
gallons and authorizing the City Manager to execute the contract
contingent upon finalizing technical engineering details in language that is
acceptable to the City Attorney.
Mr. Wallace pointed out that this is a mutual assistance situation.
Mr. Taliaferro confirmed that the contract would cover two scenarios: one
in which if either party had a need for additional water pressure and the
other in the event of an emergency situation and there was an issue with
water supply by either party, they would combine.
James Wallace motioned to authorize the City Manager to finalize and
execute a bulk water sale/purchase agreement with the Western Virginia
Water Authority (WVWA). John Saunders seconded the motion.
Ayes: Foley, Saunders, Turk, Wallace
Absent: Jones
E. Annual Comprehensive Financial Report
Presentation of the Annual Comprehensive Financial Report for the year
ended June 30, 2021. Audit - Finance Committee
John Aldridge, Brown Edwards, stated that he had met in detail with the
Audit-Finance Committee and had also gone over details of the Audit
report with Council in Work Session prior to this meeting. It is required by
State Code that the Audit be presented in a public meeting. He indicated
that this report included the City and the School Board. Mr. Aldridge
reported that an unmodified or clean opinion was issued which indicated
there were no issues with the audit and was the highest level of assurance
that they will put on financial statements. He thanked City Staff for their
assistance in pulling the audit together, for a timely audit, for responding to
their questions. He also shared that the City had received last year for about
the 30th time in a row an Award of Excellence in Financial Reporting and
that the City needs to be proud of the staff responsible for pulling this
information together. As part of the audit, a certain percentage of Federal
money that came to the City had to be looked at as well, and there were no
findings related to that as well. From an audit perspective, he stated that
this is what you would hope to present to a client.
The report was received.
F. Appropriation of Funds
Consider request to appropriate additional local funding for Downtown
Improvements from Union Street to Broad Street. Audit - Finance
Committee
James Wallace motioned to appropriate $250,000 to the Downtown
Improvement Project and specifically from Union Street to Broad Street.
John Saunders seconded the motion.
Ayes: Foley, Saunders, Turk, Wallace
Absent: Jones
G. Appropriation of Funds
Consider request to re-appropriate funding for Animal Control vehicle.
Audit - Finance Committee
Mr. Wallace noted that this was approved for purchase last year but due to
supply chain issues it was not able to be purchased. That is the reason this
item is being rolled forward.
James Wallace motioned to re-appropriate $60,500 to the Fiscal Year 2022
budget for the purchase of an Animal Control vehicle. John Saunders
seconded the motion. Ayes: Foley, Saunders, Turk, Wallace
Absent: Jones
H. Appropriation of Funds
Consider request to amend the School General Fund, School Grants
Fund and School Cafeteria Fund approved by the School Board on
November 9, 2021. Audit - Finance Committee
James Wallace motioned to approve the School Board’s appropriation
changes of $272,937, $26,000, and $3,063 to the School General Fund,
Grants Fund, and Cafeteria Fund, respectively. John Saunders seconded
the motion.
Ayes: Foley, Saunders, Turk, Wallace
Absent: Jones
I. Appropriation of Funds
Consider request to amend the School Grants Fund and School General
Fund as approved by the School Board on October 12, 2021. Audit -
Finance Committee
Mr. Foley requested clarification of the total amount and it was noted
that an updated report had been submitted.
James Wallace motioned to approve the School Board’s appropriation
changes of $3,201,121 and $0 be made to the School Grants Fund and
School General fund, respectively. The changes are a result of new grants
from the American Rescue Plan and carryover from CARES and other
grants not expended as of June 30, 2021. John Saunders seconded the
motion.
Ayes: Foley, Saunders, Turk, Wallace
Absent: Jones
J. Appropriation of Funds
Consider request to appropriate grant funds received from the Virginia
Department of Criminal Justice Services. Audit - Finance Committee
James Wallace motioned to approve appropriation of $1,118 in grant
funding to the Police Department for purchasing crime scene barricades.
John Saunders seconded the motion.
Ayes: Foley, Saunders, Turk, Wallace
Absent: Jones
K. Carter Machinery
Consider setting bond for physical improvements and erosion and sediment
control and landscaping for Carter Machinery. Audit - Finance Committee
Mr. Wallace requested a synopsis from Mr. Van Allman.
Mr. Van Allman clarified that Carter Machinery is rehabilitating and doing
upgrades on the building which triggers certain landscaping and E&S
measures reflected in the bond.
James Wallace motioned to approve erosion and sediment control and
landscaping and physical improvements for Carter Machinery and that the
project be bonded in the amount of $17,369.00 for a time frame for
completion set at twelve (12) months. John Saunders seconded the motion.
Ayes: Foley, Saunders, Turk, Wallace
Absent: Jones
L. Sonic
Consider setting bond for erosion and sediment control and
landscaping and physical improvements for Sonic. Audit - Finance
Committee
Mr. Foley requested clarification of the site location.
Mr. Van Allman clarified that this is a different franchisee than the other
Sonic locations in the Roanoke Valley and a different site location.
Accessibility will be much easier.
Mr. Light stated that the address is 1968 West Main Street.
James Wallace motioned to approve erosion and sediment control and
landscaping and physical improvements for Sonic and that the project be
bonded in the amount of $699,159.88 for a time frame for completion set
at twelve (12) months. John Saunders seconded the motion.
Ayes: Foley, Saunders, Turk, Wallace
Absent: Jones
M. 1361 Southside Drive - Truck Dock
Consider setting bond for erosion and sediment control and landscaping
for 1361 Southside Drive - Truck Dock. Audit - Finance Committee
Mr. Wallace asked for clarification as to whether they are just adding a
loading dock to the existing structure.
Mr. Van Allman responded affirmatively and elaborated that this is a new
building that was recently constructed; however, they wish to add a
driveway that comes up from West Riverside Drive into the facility. This
unfortunately bumped them into a higher permit status as it exceeds one
acre. This also requires that they reapply for a stormwater management
permit.
James Wallace motioned to approve erosion and sediment control and
landscaping for 1361 Southside Drive - Truck Dock and that the project be
bonded in the amount of $16,753.00 for a time frame for completion set at
twelve (12) months. John Saunders seconded the motion.
Ayes: Foley, Saunders, Turk, Wallace
Absent: Jones
N. Boards and Commissions
Consider appointments to various boards and commissions.
Jim Wallace motioned to appoint David Hodges to the Board of Appeals
(USBC) as an alternate member for a five-year term ending December 12,
2026. John Saunders seconded the motion.
Ayes: Foley, Saunders, Turk, Wallace
Absent: Jones
Mayor Turk encouraged citizens to check the City of Salem's website for
vacancies on various boards and commissions.
7. Closed Session
A. Closed Session
Hold a closed session in accordance with Sections 2.2 -3711 A (3) and
(6) of the 1950 Code of Virginia as amended for 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.
Jim Wallace motioned that Council move to closed session at 7:15 p.m.
in accordance with Sections 2.2-3711 A (3) and (6) of the 1950 Code of
Virginia as amended for 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. Mr.
Saunders seconded the motion.
Ayes: Foley, Saunders, Turk, Wallace
Absent: Jones
James Wallace motioned to reconvene at 7:57 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. John Saunders seconded the motion.
Ayes: Foley, Saunders, Turk, Wallace
Absent: Jones
8. Adjournment
The meeting was adjourned at 7:57 p.m.