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HomeMy WebLinkAbout11/8/2021 - City Council - Minutes - RegularCity Council Meeting MINUTES Monday, November 8, 2021, 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 November 8, 2021, 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; and Laura Lea Harris, Deputy Clerk of Council; 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) City Legislative Agenda Planning Discussion 2) Options for painting Kime Lane Water Tank WHEREAS, Mr. Taliaferro proposed putting together a legislative agenda to send to the representatives in State General Assembly. January 12, 2022 will be the beginning of the 2022 Session and prefiling for legislation begins mid-November. Specific items were discussed that may potentially be included in a legislative agenda to be submitted by the City. Staff indicated they would finalize an agenda based on the feedback received and bring for Council consideration at the November 22, 2021 meeting; and WHEREAS, Mr. Taliaferro presented potential design ideas for refurbishing and painting the Kime Lane Water Tank, a Fiscal Year 2022 Capital project, with construction to begin spring 2022. Discussion was held on design, colors, and slogans; and 3. Adjournment WHEREAS, there being no further business, Mayor Turk adjourned the meeting at 6:21 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 followin g 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; Chuck Van Allman, Director of Community Development; Mike Stevens, Director of Communications; and Jim Guynn, City Attorney. DUE TO AN EQUIPMENT MALFUNCTION, THESE MINUTES WERE PREPARED WITHOUT THE USE OF AN AUDIO RECORDING. 2. Pledge of Allegiance 3. Bid Openings, Awards, Recognitions Mayor Turk recognized Troop Leader and members of Boy Scout Troop #39 that were present as a requirement towards earning their Citizenship in The Community Merit Badge. 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) Yancey Cobb, 2485 Poff Lane - Voting processes 2) Frank Munley, 425 Roanoke Boulevard - Request for Salem City Council to endorse the Environmental Protection Agency's position in regards to MVP 3) Nora Smith, 1135 Lynchburg Turnpike - Concerns with MVP 4) Cynthia Munley, 425 Roanoke Boulevard - Protecting Salem's Investments, including the Greenway 1) Yancey Cobb, 2485 Poff Lane, appeared before Council and distributed information he had gathered for Council. He addressed concerns in regards to election machines. 2) Frank Munley, 425 Roanoke Boulevard, addressed Council. He requested that Council endorse the Environmental Protection Agency's position to deny Mountain Valley Pipeline's request to the Army Corps of Engineers for a permit to carry out construction under the Clean Water Act's 401 section. 3) Nora Smith, 1135 Lynchburg Turnpike, was not present at the meeting. 4) Cynthia Munley, 425 Roanoke Boulevard, was the last citizen to speak before Council. She requested that Council endorse the Environmental Protection Agency's position against the Mountain Valley Pipeline. She raised awareness of the importance of our citizens taking part in maintaining a clean water supply. B. Minutes Consider acceptance of the minutes for the October 25, 2021, Joint Work Session with the Salem City School Board and Regular Meeting minutes. The minutes were approved as written. 5. Old Business A. Amendment to the Zoning Ordinance Consider ordinance on second reading for rezoning the property of. Com Properties 8, LLC, property owner, located at 1796 Apperson Drive (a portion of Tax Map # 257-2-1.1) from HBD Highway Business District to LM Light Manufacturing District. (Approved on first reading at the October 25, 2021 meeting.) William Jones motioned to adopt ordinance on second reading rezoning the property of .Com Properties 8, LLC, property owner, located at 1796 Apperson Drive (a portion of Tax Map # 257-2-1.1) from HBD Highway Business District to LM Light Manufacturing District. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace 6. New Business A. Amendment to the City Code - Chapter 22 Hold a public hearing and consider on first reading an ordinance to amend multiple sections of Article II, Chapter 22, of The Code of the City of Salem, Virginia, to exempt businesses with less than $50,000 in gross receipts from the annual business license tax and set the annual licensure fee at $50 applicable for businesses with gross receipts less than $50,000 annually in accordance with US Census based population business taxation provisions in Title 58.1 of the Code of Virginia. Advertised in the October 30, 2021 issu e of the Roanoke Times. Audit - Finance Committee Mr. Light gave a detailed explanation on the amendments that were bein g proposed to the Code. Mayor Turk opened the public hearing. No one came forward to speak. Mayor Turk closed the public hearing. Mr. Foley explained for clarification that Council had been studying and discussing the proposed changes in Work Sessions in preparation for this action. Mr. Jones thanked the Commissioner of Revenue's Office for all the hard work that had been put into this item. Randy Foley motioned to adopt the ordinance on first reading amending multiple sections of Article II, Chapter 22, of The Code of the City of Salem, Virginia, to exempt businesses with less than $50,000 in gross receipts from the annual business license tax and set the annual licensure fee at $50 applicable for businesses with gross receipts less than $50,000 annually in accordance with US Census based population business taxation provisions in Title 58.1 of the Code of Virginia. William Jones seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace B. Appropriation of Funds Consider request to amend the School Capital Projects Fund budget as approved by the School Board on October 12, 2021. Audit - Finance Committee The School Capital Projects Fund budget was amended for fiscal year 2021-2022 by the School Board at their meeting on October 12, 2021. The Board amended the Capital Projects Fund to appropriate $2,477,096 from the unallocated capital reserve funds. James Wallace motioned to approve the School Board's appropriation change of $2,477,096 to the Capital Projects Fund as well as the six-year Capital Improvements Plan document submitted by the School Board to City Council. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace C. Appropriation of Funds Consider request to amend the School Capital Projects Fund budget as appr oved by the School Board on November 2, 2021 and appropriate funding of $414,062 for the Salem High School Fieldhouse renovation projec t. Audit - Finance Committee The School Division’s 6-year CIP Plan and the School Capital Projects Fund budget were amended by the School Board at their meeting on November 2, 2021. The Board amended the 6-year CIP plan originally approved on October 12, 2021 to add the Salem High School Fieldhouse renovation project. The Capital Projects Fund budget was amended to transfer funding of $850,000 from other projects and appropriate $2,445,399 from fund balance for the fieldhouse renovation project. Funding of $414,062 will be provided by the City from General Fund fund balance. Local funding is being provided with the intent th at all student athletes have equal access to the fieldhouse. Appropriation changes totaling $3,709,461 to be made to the School Capital Projects Fund. Appropriate $414,062 from General Fund fund balance for the additional funds needed for the project. Mayor Turk commented for the record that she had spoken with Dr. Hicks, and it was understood that if potential future ARPA or other grant money were to be received by the School System eligible for use on this project that the City would be reimbursed. James Wallace motioned to approve the School Board's appropriation change of $3,295,399 to the Capital Projects Fund per provided reports, appropriate $414,062 from the General Fund fund balance and increase the budget in the Transfer to School Division account by $414,062. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace D. Appropriation of Funds Consider request to appropriate Smart Scale funding for Mason Creek Greenway Phase 3. Audit - Finance Committee Mason Creek Greenway Phase 3 will begin at the intersection of East Main Street and Kesler Mill Road, where the Hanging Rock Trail currently ends. It will consist of a combination of sidewal k and bike lanes along East Main Street and Electric Road ultimately connecting to the existing Mason Creek Greenway at Lynchburg Turnpike. The construction of Mason Creek Greenway Phase 3 will also include pedestrian signal improvements and ADA ramps. VDOT awarded $2,610,310 in Smart Scale (HB2) funds for the completion of Mason Creek Greenway Phase 3. No local match is required for these funds. The Smart Scale funds will allow us to construct Mason Creek Greenway Phase 3 linking Hanging Rock Trail and Mason Creek Greenway at Lynchburg Turnpike. Mayor Turk clarified that the money was being appropriated by VDOT; however, the process will take a while for planning and completion and that citizens would not see progress immediately. James Wallace motioned to appropriate $2,610,310 to t he capital projects federal grants account and to the Mason Creek Greenway Phase 3 account. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace E. Long John Silver's Consider setting bond for physical improvements and erosion and sediment control and landscaping for Long John Silver's. Audit - Finance Committee The City Engineer’s office has reviewed the estimate for erosion and sediment control and physical improvements for Long John Silver’s. Mr. Jones asked if there were any details on what this project includes. Mr. Van Allman explained that the existing building was being torn down and a new building being built. Parking and landscaping were also being addressed. James Wallace motioned that the project be bonded in the amount of $293,672.83 for a time frame for completion set at twelve (12) months. John Saunders seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace F. RDG Consider setting bond for physical improvements and erosion and sediment control and landscaping for RDG. Audit - Finance Committee The City Engineer’s office has reviewed the estimate for erosion and sediment control and landscaping and physical improvements for RDG (Research Data Group). James Wallace motioned that the project be bonded in the amount of $91,042.00 for a time frame for completion set at twelve (12) months. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace G. Opioid Settlements Resolution Consider adoption of Resolution 1414 approving the City’s participation in the proposed settlement of opioid-related claims against McKesson, Cardinal Health, Amerisourcebergen, Janssen, and their related corporate entities, and directing the City Attorney and/or City’s outside counsel to execute the documents necessary to effectuate the City’s participation in the settlements. Mr. Guynn stated that this is the next w ave of settlements that will be forthcoming. He shared that the City should have an idea soon of actual details involved. Mr. Wallace asked if attorney's fees or any other expenses would be taken out of these settlements. Mr. Guynn indicated that the portion received by the City will be net of any outside legal fees. William Jones motioned to adopt Resolution 1414 approving the City’s participation in the proposed settlement of opioid-related claims against McKesson, Cardinal Health, Amerisourcebergen, Janssen, and their related corporate entities, and directing the City Attorney and/or City’s outside counsel to execute the documents necessary to effectuate the City ’s participation in the settlements. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace H. Amendment to Administrative Calendar for 2022 Consider adoption of amended Administrative Calendar for 2022. Mr. Taliaferro explained that historically when a holiday falls on Saturday, the Friday preceding that holiday is generally observed and that the administrative calendar is being amended to reflect Friday, December 31, 2021, as the observed holiday for New Year's Day 2022. Randy Foley motioned to adopt the amended administrative calendar for 2022. William Jones seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace I. Union Street Contract Authorize the City Manager to execute the amended agreement for the sale of a parcel known as Lot A, 630 Union Street, Tax Map #160-11-2, consisting of 1.4021 acres. (Public hearing was held on November 14, 2016). Mr. Taliaferro explained that this contract was before Council for approval in that there were changes to the agreement made subsequent to the version Council authorized the City Manager to execute at the October 12, 2020 Council meeting. The changes were initiated by the purchaser to modify their intended concept use for the site and include certain resulting City requirements of the purchaser based on the changes. Mr. Wallace noted that he felt the purchase price was too low and that too many concessions were being made. Mr. Jones noted that there had been very little interest in the property and that this was a good opportunity for the City to sell the property. William Jones motioned to authorize the City Manager to execute the amended agreement for the sale of a parcel known as Lot A, 630 Union Street, Tax Map #160-11-2, consisting of 1.4021 acres. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk Nays: Wallace I. Boards and Commissions Consider appointments to various boards and commissions. Randy Foley motioned to recommend reappointing Bobby Russell to Blue Ridge Behavioral Healthcare as an at-large member for a three-year term ending December 31, 2024; to recommend Wendel Ingram and N. Jackson Beamer for reappointment by Circuit Court to the Board of Equalization of Real Est ate Assessments for three-year terms ending November 30, 2024; and to recommend appointing Dr. Steven L. Powers to the Roanoke Valley Greenway Commission for a three-year term ending November 8, 2024. John Saunders seconded the motion Ayes: Foley, Jones, Saunders, Turk, Wallace Mayor Turk thanked the citizens for their participation in Salem's Boards an d Commissions and encouraged them to check the City's website for openings in areas in which they had interest. 7. Adjournment The meeting was adjourned at 7:15 p.m.