HomeMy WebLinkAbout8/9/2021 - City Council - Agenda -Regular
City Council Meeting
AGENDA
Monday, August 9, 2021, 6:30 P M
Work S ess ion 6:00 P.M. C ounc il C hambers C onference R o om, C ity Hall, 114 North Broad S treet, S alem, Virginia 24153:
R egular S ession 6:30 P.M. C o uncil C hambers , C ity Hall, 114 North Broad S treet, S alem, Virginia 24153
WO RK SE SSI ON
1.Call to Order
A.Roll Call
2.New Business
A.Discussion I tems
Marijuana Legislation
3.Adjournment
RE GUL AR SE S SI ON
1.Call to Order
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. T he following have signed up to speak at this meeting:
1) Angela Lieb, 420 Valleydale Avenue
B.Minutes
Consider acceptance of the minutes for the J uly 26, 2021 Work Session and Regular Meeting
minutes.
5.Old Business
A.Amendment to the Zoning Ordinance
Consider ordinance on second reading for rezoning the property of the Salem Historical Society,
property owner, located at 1936 West Main Street (Tax Map # 138-2-7) from C BD Community
Business District with proffered conditions to C BD Community Business District without
conditions. (Approved on first reading at the J uly 26, 2021 meeting).
B.Amendment to the Zoning Ordinance
Consider ordinance on second reading for rezoning the property of Property C atalyst Group, Inc.,
applicant, and Layman Candy Company, Inc., property owner, located at 1637 East Main Street
(Tax Map #77-3-13) from LM Light Manufacturing with proffered conditions, to HBD Highway
Business District with removal of the preexisting proffered conditions, and adding new proffered
conditions offered by the owner and applicant. (Approved on first reading at the J uly 26, 2021
meeting.)
C.Amendment to the Zoning Ordinance
Consider ordinance on second reading for rezoning the property of Property C atalyst Group, Inc.,
applicant, and Layman Candy Company, Inc., property owner, located at 23 Dalewood Avenue
(Tax Map #77-3-12) from HBD Highway Business District with proffered conditions, to HBD
Highway Business District with removal of the preexisting proffered conditions and adding new
proffered conditions offered by the owner and applicant.(Approved on first reading at J uly 26,
2021 meeting).
6.New Business
A.F iscal Agent Agreements
Consider approval of the fiscal agent agreements with Court-C ommunity C orrections and Cardinal
Criminal J ustice Academy. Audit - Finance C ommittee
B.Appropriation of F unds
Consider request to re-appropriate funding for Sewer vehicle. Audit - Finance Committee
C.P erformance Contract - B lue Ridge B ehav ioral Healthcare
Consider approval of the fiscal year 2022 performance contract with Blue Ridge Behavioral
Healthcare. Audit - Finance Committee
D.Opioid Abatement Resolution
Adopt Resolution 1405 authorizing and approving the City Manager and the City Attorney to
execute the Virginia Abatement Fund Settlement Allocation Memorandum of Understanding.
E.Boards and Commissions
Consider appointments to various boards and commissions.
7.Adjournment
Audit-Finance Co mmittee Meeting, August 5, 4:00 p.m., City Manager's Conference Room, 114 N. Broad Street, Salem
Item #4B
Date: 8/09/2021
Item # 5A
Meeting Date: 8/09/21
AT A REGULAR MEETING OF CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA
HELD AT CITY HALL
AGENDA ITEM: Amendment to the Zoning Ordinance
Consider ordinance on second reading for rezoning the
property of the Salem Historical Society, property owner,
located at 1936 West Main Street (Tax Map # 138-2-7) from
CBD Community Business District with proffered conditions
to CBD Community Business District without conditions.
Approved on first reading at the July 26, 2021 Council
meeting.
SUBMITTED BY: Benjamin W. Tripp, AICP, CEcD, City Planner
SUMMARY OF INFORMATION:
Zoning: CBD Community Business District
Future Land Use Plan Designation: Commercial
Existing Use: Vacant
Proposed Use: Personal Services
The subject property consists of a single parcel of approximately 9.4 acres, located along the
south side of West Main Street, east of the intersection with Wildwood Road. It is occupied
by a historically designated two-story home.
Previously, the owner of the property requested the zoning be changed to CBD with
proffered conditions to allow a restaurant. They are now requesting those conditions be
changed in order to allow more flexibility for the property, and to allow “Glow Healing Arts”
as a tenant.
SUMMARY OF PROPOSED CHANGES;
The applicant is requesting these conditions be removed:
The use of the property will be limited to the following:
Civic Use Types
Administrative Services
Cultural Services
Office Use Types
General Offices
Commercial Use Types
Antique Shops
Assembly Hall
Homestay Inn
Micro-brewery (lf allowed by the underlying zoning)
Restaurant
Retail Sales
Studio, Fine Arts
Miscellaneous Use Types
Mixed Use (if allowed by the underlying zoning)
Outdoor Gathering
FISCAL IMPACT:
Adjusting the conditions to allow a new tenant to use the space will produce a positive fiscal
impact.
STAFF RECOMMENDATION:
Staff recommends approval.
Item # 5 B,C
Meeting Date: 8/09/21
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM,
VIRGINIA HELD AT CITY HALL
AGENDA ITEMS:
SUBMITTED BY:
SUMMARY OF INFORMATION:
Zoning: LM Light Manufacturing (77-3-13), and HBD Highway Business District
Future Land Use Plan Designation: Commercial (77-3-13 and 77-3-16) and Residential (77-
3-12, 77-3-14, and 77-3-15)
Existing Use: Warehouse, residential, retail.
Proposed Use: Personal Storage
The subject property consists of five parcel totaling approximately two acres, located at the
northeast corner of Electric Road and East Main Street. They are occupied by a large L
B. Amendment to the Zoning Ordinance
Consider ordinance on second reading for rezoning the
property of Property Catalyst Group, Inc., applicant, and
Layman Candy Company, Inc., property owner, located
at 1637 East Main Street (Tax Map #77-3-13) from LM
Light Manufacturing with proffered conditions, to HBD
Highway Business District with removal of the preexisting
proffered conditions, and adding new proffered conditions
offered by the owner and applicant. (Approved on first
reading at the July 26, 2021 meeting.)
C. Amendment to the Zoning Ordinance
Consider ordinance on second reading for rezoning the
property of Property Catalyst Group, Inc., applicant, and
Layman Candy Company, Inc., property owner, located at
23 Dalewood Avenue (Tax Map #77-3-12) from HBD
Highway Business District with proffered conditions, to
HBD Highway Business District with removal of the
preexisting proffered conditions and adding new proffered
conditions offered by the owner and applicant.(Approved on
first reading at July 26, 2021 meeting).
Benjamin W. Tripp, AICP, CEcD, City Planner
shaped warehouse, parking areas, two single family homes, and a two story commercial
structure.
SUMMARY OF PROPOSED CHANGES;
The applicant is requesting the property be rezoned, and a Special Exception Permit
granted in order to allow a new 99,000 sq ft three story self-storage building to be
constructed on the site. All the existing buildings will be demolished.
FISCAL IMPACT:
Replacing dilapidated vacant structures with a new structure, containing an active use, will
produce a positive fiscal impact.
STAFF RECOMMENDATION:
Staff recommends approval.
PROFFERED CONDITIONS:
The applicant hereby agrees to proffer the following conditions as they apply to the subject rezoning request for the following Official City of Salem, Virginia Tax Numbers 77-3-12 and 77-3-13
1.The property will be developed in substantial conformance with the conceptual site plan preparedby Balzer and Associates, Inc. entitled "Layman Candy Company" dated June 7, 2021 subject toany changes to access that may be required by the City of Salem and the Virginia Department ofTransportation during the site plan review process.
2.The building will be developed in substantial conformance with the provided architecturalperspective rendering indicated as Exhibit B and dated July 6, 2021.
Owner: __..
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Item #5C
Date: 8/09/2021
1
Item #6A
Date: 8/09/2021
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA
HELD AT CITY HALL
MEETING DATE: August 9, 2021
AGENDA ITEM: Fiscal Agent Contracts for Fiscal Year 2021-2022
SUBMITTED BY: Rosemarie Jordan, Director of Finance
SUMMARY OF INFORMATION:
Attached are contracts for the City to act as fiscal agent for Court-Community Corrections
Program, Regional Alcohol Safety Action Program Board and Cardinal Criminal Justice
Academy. The City of Salem has acted as fiscal agent for these entities for a number of
years and has experienced no difficulty in acting in this capacity.
FISCAL IMPACT:
Each of these agencies reimburses the City for out-of-pocket expenses, such as audit fees,
materials and supplies, and all other contractual related items. They also reimburse a
portion of salaries and fringe benefits for all departments involved in providing services to
their agency.
STAFF RECOMMENDATION:
Staff recommends the City Council authorizes the proper City officials to execute these
contracts authorizing the City to continue to act as fiscal agent for these agencies for fiscal
year 2021-2022.
CITY OF SALEM, VIRGINIA
FISCAL AGENT CONTRACT FOR
CARDINAL CRIMINAL JUSTICE ACADEMY
THIS CONTRACT, made and entered into this the 1st day of July 2021 by and
between the CITY OF SALEM, VIRGINIA hereinafter referred to as the "City", and the
Cardinal Criminal Justice Academy Governing Council, hereinafter referred to as the
"Council".
WHEREAS, the City has been informed by the Council of the need for promoting
a law enforcement/corrections training program in relation to public safety in the
Roanoke Valley and surrounding jurisdictions; and
WHEREAS, the City has applied for and has been approved as grantee and
fiscal agent of various State grants pursuant to the appropriate provisions of the 1950
Code of Virginia, as amended, hereinafter referred to as "Grant" and
WHEREAS, the City contracts hereby with the Council to provide for the
administration of the Cardinal Criminal Justice Academy as provided by statute and the
terms of the prospective grants.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES
herein contained; witnesseth:
(1) The Council agrees as follows:
(a) to accept the responsibility for providing a law enforcement/corrections
training program, and other like programs, as provided by Virginia law, to the Roanoke
Valley area and surrounding jurisdictions in the manner and to the extent set out in the
provisions of the said Grants.
(b) to accept sole responsibility for the administration and operation of all
law enforcement and corrections training programs through the Cardinal Criminal
Justice Academy.
(c) that all purchases made with funds from said Grants shall be in
compliance with State laws and purchasing regulations of the City.
(d) that the Council will abide by all the rules, regulations, guidelines, and
general and special conditions of the Grants.
(e) to provide information required by the City to the extent that the City will
be able to meet its obligations to file accurate and timely financial and narrative reports
as may be required by the said Grants, and to furnish a fidelity bond with corporate
surety in an amount not less than the full amount of the largest of said Grants during
the term of this agreement or the sum of $200,000.00 whichever is greater, to save
harmless the City, its officials, agents, or employees, from loss or liability by reason of
any determination that the City, its officials, agents, or employees, are liable to the
Commonwealth of Virginia for funds received by the City pursuant to the terms of the
said Grants, or because of any default, malfeasance in relation to the provisions of this
agreement, or the terms, conditions or provisions of the said Grants on the part of the
Council, its officers or agents in administering said Grants, said bond to remain in full
force and effect until such time as the Commonwealth of Virginia has from time to time
approved all disbursements in writing or has in writing or otherwise absolved the City,
its officials, agents or employees from responsibility for funds theretofore received
pursuant to the said Grants.
(f) to make all reports, other than financial, to State agencies, as required by
the Grants, and a copy of these reports shall be sent to the City.
(g) to reimburse the City of all expenses incurred in its capacity as fiscal
agent, to include, but not limited to (cost of personnel, fringe benefits, office supplies,
printing, accounting, auditing, processing of payroll, postage and technology); amount
to be billed on a monthly basis by the City.
(2) The City will maintain a separate agency fund in the accounting system of
the City in which will be recorded the financial transaction of the Council. The City will
keep all records of the receipts and disbursements of Grants received by the Council.
(3) All receipts from the State of Virginia, the Federal Government, and fees
collected in each of the participating localities will be deposited in this agency fund.
(4) The Director of the Academy shall have printed pre-numbered receipts on
which all fees shall be recorded as collected. These fees shall be deposited daily in the
account set up for this purpose, including all gifts, donations, or other funds received.
(5) In addition to maintaining an agency fund, the City shall maintain a complete
payroll accounting system for the employees of the Council. Included in the payroll
records will be a complete reporting of all deductions from the employees' earnings
(FWT, FICA, and State Withholding Taxes, Virginia Retirement System Pension and
Life Insurance Plans, Health Insurance, Credit Union and other applicable deductions).
(6) The City's finance department shall maintain adequate records disclosing the
details of all receipts and all disbursements. The accounting system shall contain the
following minimum requirements:
(a) A general ledger showing an up-to-date balance of all accounts, budget
appropriations, and unexpended balance.
(b) A complete set of journals showing all receipts, disbursements and
adjustments. These journals shall clearly identify each transaction.
(c) All disbursements shall be by check and approved for payment by the
Council, or its Director, and by the Finance Director of the City.
(7) Rental of Property, the Council agrees to a monthly rental fee of $1.00 for
use of the facility currently in place at 917 Central Avenue for fiscal year 2021-22, and
an annual lease payment of $14,500 for the use of the facility located at 912 Central
Avenue for fiscal year 2021-22. The Council may at its option, prepay any of the
required installments. The City will provide insurance protecting the Academy from
liability and property loss.
(8) As payment for services provided by the City as Fiscal Agent, and outlined
above, the Academy agrees to reimburse the City the sum of $1,010.31 per month.
(9) Employees of the Grant shall be considered employees of the City and as
such shall have the same benefits as other City employees. Should any grievance
arise between an employee of the Cardinal Criminal Justice Academy and its Director,
or the Council, the Council shall act as the personnel board for the City, and its decision
as to any grievance shall be final.
(10) The parties hereto agree that this contract shall commence on July 1, 2021,
and shall end on June 30, 2022, subject to the City's right to declare this contract void if
the Council violates any of the provisions of this agreement.
Entered into this the day and year first hereinabove written.
CITY OF SALEM, VIRGINIA
By: ________________________________
Mayor – Renee F. Turk
CARDINAL CRIMINAL JUSTICE ACADEMY
By: ________________________________
Chairman – Chief, Michael D. Crawley
By: ________________________________
Vice-Chairman – Chief, Anthony S. Wilson
ATTEST:
____________________
Kip Vickers, Director
Cardinal Criminal Justice Academy
July 1, 2021
Page 1 of 5
CITY OF SALEM, VIRGINIA
FISCAL AGENT CONTRACT
with the
REGIONAL COMMUNITY CRIMINAL JUSTICE BOARD
and the
REGIONAL ALCOHOL SAFETY ACTION PROGRAM POLICY BOARD
THIS CONTRACT, made and entered into this 1st day of July, 2021 by and between the CITY OF
SALEM, VIRGINIA, hereinafter referred to as “the City,” and THE REGIONAL COMMUNITY
CRIMINAL JUSTICE BOARD and THE REGIONAL ALCOHOL SAFETY ACTION PROGRAM
POLICY BOARD, hereinafter collectively referred to as “the Board,” provides as follows:
1. To promote the common good and enhance public safety the governing bodies of the counties and cities
that make up the 23rd and 25th Judicial Circuits and Districts of Virginia, acting in accordance with
enactments of the General Assembly of Virginia, created the Regional Alcohol Safety Action Program
Policy Board and the Regional Community Criminal Justice Board and selected the members of those
boards.
2. All necessary governmental units and agencies have authorized the City to serve the Board as its Fiscal
Agent and as the Grantee of funds that may be allocated or directed to the Board (or either of its
constituent boards) by governmental or private bodies, including but not limited to the Virginia
Commission on VASAP and the Virginia Department of Criminal Justice Services, which funds are for
convenience hereinafter referred to as “Grant” or “Grants.”
3. The City hereby contracts, covenants, and agrees:
a. to serve the Board as its Fiscal Agent and the Grantee of Grants;
b. to provide fiscal administration and management for Grants; and
c. to do so consistently with all requirements of law and of any particular Grant.
4. The Board hereby contracts, covenants, and agrees:
2
a. Consistently with the provisions of Grants, the laws of Virginia, and the directives of the
appropriate Executive and Judicial Branch officials, to provide Alcohol Safety Action Programs
and Community Corrections Programs provided by the Grants in the area served by the
programs.
b. To have sole responsibility for the administration and operation of all Policy Board programs.
c. That all purchases made with the funds from said Grants will comply with federal and state laws
and the City’s purchasing regulations.
d. To abide by all the rules, regulations, guidelines, and general and special conditions of any
Grant.
e. To provide all information that the City needs to file, accurately and timely, any financial and
narrative reports that may be required by the any Grant, or by generally accepted accounting
practices.
f. To furnish a fidelity bond with corporate surety in an amount not less than either (a) the full
amount of the largest Grant during the term of this agreement, or (b) $250,000 whichever is
greater, which bond will indemnify and to save harmless the City, its officials, agents, and
employees, from loss or liability to the Commonwealth of Virginia for funds received by the
City pursuant to the terms of a Grant, or because of any default, malfeasance, misfeasance on
the part of the Board, or on the part of any officers, agents, or employees of any Alcohol Safety
Action Program or Community Criminal Justice or Community Diversion Incentive Program,
said bond to remain in effect until such time as the Commonwealth of Virginia has approved all
disbursements in writing or has in writing otherwise absolved the City, its officials, agents and
employees from the responsibility for funds received pursuant to any Grant.
g. To make all non-financial reports required by any Grant and furnish a copy of all reports to the
City.
3
h. To reimburse the City for all expenses incurred in its capacity as fiscal agent, to include, but not
limited to the cost of personnel, fringe benefits, office supplies, accounting/auditing services,
printing, processing of payroll, postage and technology charges. The parties agree that, during
the term of this contract, this amount is $1,430.94 per month, which sum will be billed and paid
on a monthly basis.
5. The City’s Director of Finance will serve as Program Administrator and will maintain a separate agency
fund in the City’s accounting system in which will be recorded all financial transactions of the Board.
The City will keep complete and accurate records of the receipts and disbursements of Grants received
by the Boards.
6. All receipts from the State of Virginia, the federal government, local governments, and all fees collected
will be deposited in this agency fund.
7. The Director of the Program shall have printed pre-numbered receipts on which all fees shall be
recorded as collected. These fees, along with all gifts, donations or other funds received, shall be
deposited daily in the agency account.
8. The City shall maintain a complete payroll accounting system for employees of the Boards. Included in
the payroll records will be a complete reporting of all deductions from the employees’ earnings (FWT,
FICA, W2(s) and State Withholding Taxes, Virginia Retirement System Pension and Life Insurance
Plans, Health and Dental Plans, Credit Union deductions, and any other deductions).
9. The City shall maintain accurate records showing the details of all receipts and disbursements. The
accounting system shall meet at least the following minimum requirements:
a. A general ledger showing an up-to-date balance of all accounts, budget appropriations, and an
unexpended balance.
b. A complete set of journals showing all receipts, disbursements and adjustments. These journals
shall clearly identify each transaction.
4
c. All disbursements shall be by check and approved for payment by the Board, or their Program
Director, and by the Finance Director of the City.
10. Employees of the Board and its Alcohol Safety Action Program, Community Criminal Justice and
Pretrial Services program shall be considered employees of the City and as such shall have the same
benefits as other City employees.
11. In case any grievance under the City’s grievance system is filed by an employee of Regional
Community Criminal Justice Board or the Regional Alcohol Safety Action Program Policy Board,
the Board shall act as the Personnel Board for the City, and its decision as to any grievance shall be
final.
12. This contract shall commence on July 1, 2021 and shall end on June 30, 2022. To the extent allowed by
federal and state law, either party shall have the right to declare this contract void if the other party
materially violates any provision of this agreement.
5
IN WITNESS WHEREOF, AND WITH INTENT LEGALLY TO BE BOUND, THE PARTIES, BY
THEIR AUTHORIZED REPRESENTATIVES, AFFIX THEIR SIGNATURES:
CITY OF SALEM, VIRGINIA
By: ________________________________________
Renee F. Turk, Mayor
By:_________________________________________
Rosemarie B. Jordan
Regional Community Criminal Justice Board
By: ________________________________________
Howard B. Hall
Regional Alcohol Safety Action Program Policy Board
ATTEST:
_______________________________________
H. Robert Light
City Clerk of Council
July 1, 2021
______________________________________
Krystal Hullette, Director
July 1, 2021
Item #6B
Date: 8/09/2021
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA
HELD AT CITY HALL
MEETING DATE: August 9, 2021
AGENDA ITEM: Request to re-appropriate funding for Sewer vehicle
SUBMITTED BY: Rosemarie B. Jordan, Director of Finance
SUMMARY OF INFORMATION:
In fiscal year 2021, $40,000 was included in the Sewer fund adopted budget to purchase a
¾ ton crew truck. Due to chip issues in the auto industry, the vehicle could not be
purchased in fiscal year 2021. Staff requests that funds be reappropriated in fiscal year
2022 to purchase the truck.
FISCAL IMPACT:
Re-appropriated funds will be used to cover the cost of equipment.
STAFF RECOMMENDATION:
Staff recommends re-appropriating $40,000 to increase the appropriated from net position
account budget, 52-052-0030-44696 by $40,000 and increase the motor vehicles and
equipment account budget, 52-052-0031-58004 by $40,000 for the purpose stated above.
Budget Entry
Date GL Account Account Name
Increase/
(Decrease)Description
8/9/2021 52‐052‐0030‐44696 Appropriated from net position 40,000 Re‐appropriate funding for crew truck
8/9/2021 52‐052‐0031‐58004 Motor vehicles and equipment 40,000 Re‐appropriate funding for crew truck
1
Item #6C
Date: 8/09/2021
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA
HELD AT CITY HALL
MEETING DATE: August 9, 2021
AGENDA ITEM: Performance Contract – Blue Ridge Behavioral Healthcare
SUBMITTED BY: Rosemarie Jordan, Director of Finance
SUMMARY OF INFORMATION:
The City of Salem participates with Blue Ridge Behavioral Healthcare in providing Mental
Health, Developmental and Substance Abuse Disorder Services to the citizens of Salem
and the Roanoke Region. Each year, Blue Ridge Behavioral Healthcare enters into a
“Performance Contract” with the Commonwealth of Virginia Department of Behavioral
Health and Developmental Services in its service area. The Code of Virginia, Section 37.2-
508 as amended, requires the local governing body be given the option to review and
concur in the plan to be submitted. For fiscal year 2021-22, Salem will contribute $155,104
to Blue Ridge Behavioral Healthcare.
Blue Ridge Behavioral Healthcare has forwarded a copy of their FY 2022 Community
Services Performance Contract to the City for Council approval.
STAFF RECOMMENDATION:
It is my recommendation that the FY 2022 Performance Contract be approved as
submitted. A copy of the Community Services Performance Contract is attached for your
review.
July 13, 2021
Blue Ridge
Behavioral
Healthcare
Mr. Jay Taliaferro
City Manager
City of Salem
114 North Broad Street
Salem, VA 24153
Dear Taliaferro:
Office of the CEO
In compliance with §37.2-508 ,JB of the Code of Virginia as amended, I am enclosing a copy of Blue Ridge
Behavioral Healthcare's proposed FY 2022 Performance Contract with the Virginia Department of
Behavioral Health and Developmental Services . The complete Performance Contract can be found by
visiting the BRBH website at https://www.brbh .org/wp-content/uploads/2021/07 /2021-07-08-Publice -
Notice -FY-2022 -DBHDS -Performance-Contract.pdf and the attached Exhibit A lists specific resources and
services information for the FY 2022 Community Services Performance Contract.
According to the referenced Code section, the community services board, " ... shall make its proposed
performance contract available for public review and solicit public comment for a period of 30 days."
Should you or a representative of the City of Salem have any questions or comments about these
documents, please reach out to Mark Chadwick, Chief Financial Officer by emailing mchadwick@brbh.org.
As noted in the referenced Code section , if the governing body of each city or county does not approve the
proposed performance contract by September 30 of each year, the performance contract shall be deemed
approved or renewed .
We are pleased to provide the FY 2022 Performance Contract information for your review. As always, we
appreciate the collaboration and support of the City of Salem.
Sincerely,
Debbie Bonniwell
Chief Executive Officer
Mark Chadwick
Chief Financial Officer
Executive Offices 301 Elm Avenue, SW Roanoke, VA 24016 (540) 345-9841 Fax (540) 345-6891
The Community Services Board serving the Cities of Roanoke and Salem , and the Counties of Boteto urt, Craig , and Roanoke
Item # 6D
Date: 8/9/2021
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA
HELD AT CITY HALL
MEETING DATE: August 9, 2021
AGENDA ITEM: Resolution authorizing and approving the City Manager and the
City Attorney to execute the Virginia Abatement Fund Settlement
Allocation Memorandum of Understanding
SUBMITTED BY: Jim Guynn, City Attorney
SUMMARY OF INFORMATION:
The City (through outside opioid litigation counsel) and the Commonwealth of Virginia are
separately engaged in litigation seeking to recover costs incurred and to be incurred in abating
the opioid addiction epidemic that plagues Virginia communities. The City and the
Commonwealth, through counsel, have extensively negotiated the terms of a memorandum
of understanding relating to the allocation and use of such litigation recoveries.
The City’s outside opioid litigation counsel has recommended that the City approve the
proposed memorandum of understanding. Some of the key provisions of the agreement
regarding the allocation and distribution of funds are set forth below.
• All opioid funds received will be initially divided as follows:
o 15% going to participating political subdivisions (including the City); there will
be no restrictions on the use of these funds,
o 70% going to the “Virginia Opioid Abatement Share,” and
o 15% going to the Commonwealth of VA
• The 70% going to the Virginia Opioid Abatement Share will then be further divided as
follows:
o 15% shall be allocated to the participating political subdivisions and shall be
used for approved abatement purposes, and
o 55% shall be allocated to the Virginia Opioid Abatement Fund (that was
established by the General Assembly in 2021, pursuant to Section 2.2-2365 et.
seq. of the Code of Virginia).
FISCAL IMPACT:
There is no cost incurred in the approval of the memorandum of understanding.
STAFF RECOMMENDATION:
Staff recommends approval and authorization to the City Manager and City Attorney to
execute the memorandum of understanding.
{00422632.DOCX } 19644821v1
IN THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, AUGUST 9, 2021
RESOLUTION 1405
WHEREAS, the City of Salem, through their elected representatives and counsel, and the
Commonwealth of Virginia, through the Office of the Attorney General, are separately engaged in
litigation seeking to recover costs incurred and to be incurred in abating the opioid addiction
epidemic that plagues Virginia communities;
WHEREAS, the City of Salem and the Commonwealth of Virginia share a common desire
to abate and alleviate the impacts of the opioid addiction epidemic and to maximize litigation
recoveries from those third parties responsible for same;
WHEREAS, in order to advance their common interests, the City of Salem and the
Commonwealth of Virginia, through counsel, have extensively negotiated the terms of a
memorandum of understanding relating to the allocation and use of such litigation recoveries;
WHEREAS, the City’s outside opioid litigation counsel has recommended that the City
approve the proposed memorandum of understanding; and
WHEREAS, the City Attorney has reviewed the available information about the proposed
memorandum of understanding and concurs with the recommendation of outside counsel;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Salem,
assembled on this day at which a quorum is present, that the City of Salem hereby authorizes and
approves, or confirms authorization and approval, of the Virginia Abatement Fund and Settlement
Allocation Memorandum of Understanding attached hereto and incorporated herein by reference
thereto as Exhibit “A”, and directs the City Manager or the City Attorney to execute and enter into
such Memorandum of Understanding on behalf of the City of Salem.
Upon a call for an aye and a nay vote, the same stood as follows:
John E. Saunders -
William D. Jones -
Byron Randolph Foley -
James W. Wallace, III -
Renée F. Turk -
ATTEST:
__________________________
H. Robert Light
Clerk of Council
City of Salem, Virginia
Item #6E
Date: 8/09/2021