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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.