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HomeMy WebLinkAbout5/24/2021 - City Council - Minutes - RegularCity Council Meeting MINUTES Monday, May 24, 2021, 6:30 PM Community Room, Salem Civic Center, 1001 Roanoke Boulevard, Salem, Virginia 24153 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; 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; Crystal Williams, Assistant to the City Manager; Rosemarie B. Jordan, Director of Finance; Chuck Van Allman, Director of Community Development; Mike Stevens, Director of Communications; and Jim Guynn, City Attorney. 2. Pledge of Allegiance 3. Bid Openings, Awards, Recognitions There were none. 4. Consent Agenda A. Minutes Consider the acceptance of the minutes for the May 3, 2021 Budget Work Session; May 4, 2021 Budget Work Session; and May 10, 2021 Work Session and Regular Meeting, The May 3, 2021 Budget Work Session, May 4, 2021 Budget Work Session, and May 10, 2021 Work Session and Regular meeting minutes were approved as written. B. Financial Reports Consider acceptance of the Statement of Revenues and Expenses for the ten months ending April 30, 2021. The financial reports were received. 5. Old Business 6. New Business A. Salem City School Board Hold a public hearing and receive views of citizens and candidates regarding the appointment to fill the unexpired term of Michael Chiglinsky (As advertised in the May 14, 2021 issue of The Roanoke Times.) Mayor Turk expressed tribute to Michael Chiglinsky as a public servant, friend, and member of the School Board. She then opened the public hearing and noted that Council had received four applications from Teresa Sizemore-Hernandez, Joshua Kier, Jim Ruhland, and Sally Southard. Teresa Sizemore-Hernandez, 309 Orchard Street, was the first applicant to speak. She began by taking a moment to remember Dr. Chiglinsky and stated that he was a great example of a public servant and that no-one could fill his shoes. She informed the School Board that her thoughts and prayers were with them in this loss. She continued to share some memories and connect with members of the School Board personally. Ms. Sizemore-Hernandez stated that she did not feel that change should be the focus and that she is here to provide a different perspective. She stated that she wants to work with the current Schoolboard to continue the mission to provide a loving, engaging environment that inspires children to reach their full potential. She spoke of her background as a Salem graduate as well as the fact that she is a parent of three boys that have either graduated from or are current students in the Salem School Division. She spoke of the impact of various positions in the School System on the education of the students. Ms. Sizemore said that she would provide a voice for the underserved. She stated that she is proud that Salem continues the vision "Children first, every child, every day." She shared how her experience with her own children in the school system as well as her professional experience would benefit her in the role as a member of the School Board. She thanked City Council for their time and confidence in her and stated that "her goal is to simply enhance the current School Board, to continue to love, engage, and inspire." Jim Ruhland, 496 Deer Run Circle, was the second applicant to speak before Council. He expressed sadness also at the death of Dr. Chiglinsky. He spoke of many opportunities to serve and to learn about school boards and school board management and to work with superintendents across the Country. He served on the Botetourt School Board for nineteen years. He stated that his philosophy of public education is that "it is the responsibility of the school board to provide an education in a safe environment for each K-12 student to maximize their intellectual abilities." He also said that each school division must be "fine-tuned for the community in which they serve." Mr. Ruhland served as President of the Virginia School Board Association and traveled during that period to visit many schools across the state. He then served as President of the National School Board Association. He spoke of his experience during this time and the importance of school boards working with boards of supervisors and city councils for the money they need to survive. From there he worked with the National Association of School Superintendents and traveled with them for 12 years to see what other countries had. Mr. Ruhland gave his educational and professional history and stated that he felt he could bring a wealth of knowledge to the remaining School Board members. He stated that his goal is to serve this School Board and work with Dr. Seibert and his staff for the remainder of this calendar year to give the Council the opportunity to find a candidate that they would like to serve on the next term. Mayor Turk explained the two positions that will be coming open for School Board and how the process will work. Sally Southard, 118 Parr Drive, was the third applicant to speak. She stated that her "previous 16 years as a Salem City School Board member, 14 of those years as Chair" make her "the logical candidate for this six-month term." Her "38 years of pediatric nursing will provide part of what Dr. Chiglinsky contributed to the School Board regarding childhood growth and development." She expressed that she would be able to step in with a much easier transition because of her prior experience to fill this position until a new member can be appointed to take office in January 2022. Ms. Southard spoke of the time that is required to develop comfort and knowledge in making decisions that are part of this position. She wishes to "assist the current School Board in continuing to love, engage, and inspire." Macel Janoschka, 200 Bentwood Court, spoke in support of Teresa Sizemore- Hernandez. She recalls that this is the third time that Teresa has applied for a position with the Salem School Board, and she feels that she should be appointed. She gave details of experiences that she has had in working with Teresa on PTA and the leadership that she has seen Ms. Sizemore-Hernandez demonstrate. She stated that Teresa is "the definition of a servant leader. She is focused on the growth and well-being of the people she serves." She also spoke on the diversity of the voice that Ms. Hernandez would add to the Board, both as a parent and through her professional experience. Julie Parsons,1104 Christy Circle, spoke next. She also spoke in support of Teresa Sizemore-Hernandez. She voiced the need for a parent of Salem City Schools on the School Board. Ms. Parsons spoke on the true passion for the children and the deep appreciation for the employees of Salem City Schools that Ms. Sizemore- Hernandez has. She ended by commenting that Teresa would be the best candidate to reach all segments of the Salem population. Steve Belanger, 952 Kenbridge Place, was the last to speak before Council. He also spoke in support of Teresa Sizemore-Hernandez. He has worked with Ms. Sizemore-Hernandez on many committees and boards in Salem and his children have gone through the Salem School System as well. He stated that "you would not find a more dedicated and passionate person than Teresa." He also spoke on her attention to detail and the drive that she would bring to the Board. No additional candidates submitted applications during the public hearing. Mayor Turk closed the public hearing. She thanked each of the applicants and the citizens that came forward to speak. She stated that each of the candidates would be contacted for interviews. She explained that no appointment would be made at this meeting because, according to Virginia State Code, at least seven days must have passed from the date of the public hearing before appointment may be made. She explained again that this position will have to be filled again as well as one other one at the end of the six-month period. B. Special Exception Permit Hold public hearing to consider the request of Scott A. Boggs, property owner, for the issuance of a Special Exception Permit to allow retail sales on the property located at 407 East Burwell Street (Tax Map # 120-1-5). (As advertised in the May 6 and 13, 2021 issues of the Salem Times-Register. Recommend approval; See Page 3 of Planning Commission minutes). STAFF REPORT Mayor Turk opened the public hearing. Scott A. Boggs, property owner, 407 East Burwell Street, appeared before Council. He stated that he purchased the property originally in December as a rental office space. He would like to get a zoning permit to open a fly-fishing shop at this property. He shared the details of how this business would involve the community and that they also planned to offer an outfitter service that would provide excursions. Mayor Turk asked if the company had an online presence and Mr. Boggs responded that this was the next step in his plans. There were no further questions or speakers, and Mayor Turk closed the public hearing. Randy Foley motioned to approve the request of Scott A. Boggs, property owner, for the issuance of a Special Exception Permit to allow retail sales on the property located at 407 East Burwell Street (Tax Map # 120-1-5). William Jones seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace C. Amendment to City Code - Chapter 66 Hold public hearing and consider ordinance on first reading amending Chapter 66, Article I In General, Section 66-9, Article III Construction Location, Division 1 Generally, Section 66-73, Article IV Permitted Signs by Use and District, Section 66-107, and Article V Definitions, Section 66-151, of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to signs. (As advertised in the May 6 and 13, 2021 issues of the Salem Times-Register. Recommend approval; see Page 2 of Planning Commission minutes from April 14, 2021 meeting). STAFF REPORT Mayor Turk stated that these changes pertained to information that Council had been made aware of and that they had met with the Zoning Department and the Planning Commission over the past six months in preparation for making these amendments. Mayor Turk opened the public hearing. Mary Ellen Wines, Zoning Administrator, 21 S. Bruffey Street, gave a summary of the changes included in this amendment. There were no other speakers or questions. Mayor Turk closed the public hearing. James Wallace motioned to adopt the ordinance on first reading amending Chapter 66, Article I In General, Section 66-9, Article III Construction Location, Division 1 Generally, Section 66-73, Article IV Permitted Signs by Use and District, Section 66-107, and Article V Definitions, Section 66-151, of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to signs. John Saunders seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace D. Amendment to City Code - Chapter 106 Hold public hearing and consider ordinance on first reading amending Chapter 106, Zoning, Article II District Regulations, Sections 106-204.3(B)1, 106-208.3(B)1, 106-213.3(B)1 pertaining to single-family dwellings; Article III Use & Design Standards, Section 106-304.5(B)(D) pertaining to home occupations, Section 106- 308 pertaining to office uses, Article IV Development Standards, Section 106- 404.11(A)(E) pertaining to parking, Article V Administration, Sections 106-504(A), 106-514, 106-518 pertaining to zoning permits, enforcement, and civil penalties and Article VI, Definitions and Use Types, Section 106-602, Use Types, Section 106- 602.5 Civic Use Types and 106-602.7 Office Use Types, pertaining to guidance services, medical offices/clinic, and outpatient mental health and substance abuse clinics of the CODE OF THE CITY OF SALEM, VIRGINIA. (As advertised in the May 6 and 13, 2021 issues of the Salem Times-Register. Recommend approval; see Page 4 of April 14, 2021 and Page 5 of May 12, 2021 Planning Commission minutes). STAFF REPORT Mayor Turk opened the public hearing. Mary Ellen Wines, Zoning Administrator, 21 S. Bruffey Street, gave an explanation of the changes included in this amendment. Les Eary, 2128 Simms Circle, asked if this particular amendment has anything to do with Airbnb’s or short-term rentals. He received the response that this was not related to that subject. There were no other speakers or questions. Mayor Turk closed the public hearing. James Wallace motioned to adopt the ordinance on first reading amending Chapter 106, Zoning, Article II District Regulations, Sections 106-204.3(B)1, 106- 208.3(B)1, 106-213.3(B)1 pertaining to single-family dwellings; Article III Use & Design Standards, Section 106-304.5(B)(D) pertaining to home occupations, Section 106-308 pertaining to office uses, Article IV Development Standards, Section 106-404.11(A)(E) pertaining to parking, Article V Administration, Sections 106-504(A), 106-514, 106-518 pertaining to zoning permits, enforcement, and civil penalties and Article VI, Definitions and Use Types, Section 106-602, Use Types, Section 106-602.5 Civic Use Types and 106-602.7 Office Use Types, pertaining to guidance services, medical offices/clinic, and outpatient mental health and substance abuse clinics of the CODE OF THE CITY OF SALEM, VIRGINIA. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace E. Amendment to City Code - Chapter 18 Consider ordinance on first reading amending Chapter 18, Article II, Building Code, Section 18-38, Amendments, and Article VII, Historic Structures, Section 18-657, Maintenance of historic buildings, pertaining to the Virginia Uniform Statewide Building Code, and the maintenance of historic structures of THE CODE OF THE CITY OF SALEM. Recommend approval. STAFF REPORT Mary Ellen Wines, Zoning Administrator, 21 S. Bruffey Street, gave details on the changes included in this amendment. James Wallace motioned to adopt the ordinance on first reading amending Chapter 18, Article II, Building Code, Section 18-38, Amendments, and Article VII, Historic Structures, Section 18-657, Maintenance of historic buildings, pertaining to the Virginia Uniform Statewide Building Code, and the maintenance of historic structures of THE CODE OF THE CITY OF SALEM. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace F. Amendment to City Code - Chapter 94 Consider ordinance on first reading to amend, revise, and reordain Chapter 94, Vegetation, pertaining to nuisances of THE CODE OF THE CITY OF SALEM. Recommend approval. STAFF REPORT Mr. Wallace requested to amend the wording from "any person aggrieved may report..." to "any person may report..." Mary Ellen Wines, Zoning Administrator, 21 S. Bruffey Street, gave details on the changes included in this amendment. Mr. Foley asked if it was staff's preference to amend this wording and was responded to in the affirmative. James Wallace motioned to adopt the ordinance on first reading to amend, revise, and reordain Chapter 94, Vegetation, pertaining to nuisances of THE CODE OF THE CITY OF SALEM, to include the change requested. John Saunders seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace G. Proposed Real Estate Tax Rate for Fiscal Year 2021-2022 Hold a public hearing on the effective real estate tax rate for fiscal year 2021-2022. City Manager Taliaferro stated that the proposed rates for the Fiscal Year 22 budget remain the same as the current year, $1.20 per $100 of assessed value. State Code requires that a public hearing be held anytime the total taxes collected increases by more than one percent. Mayor Turk opened the public hearing. There were no questions or discussion. Mayor Turk closed the public hearing. H. Tax Rates Resolution Consider adoption of Resolution 1395, a resolution imposing taxes on real estate, tangible personal property, machinery and tools, and all legal subjects of taxation for City purposes, including the property of railroad, express, telephone, telegraph, water, heat (gas), light and power companies. Audit - Finance Committee James Wallace motioned to adopt Resolution 1395, a resolution imposing taxes on real estate, tangible personal property, machinery and tools, and all legal subjects of taxation for City purposes, including the property of railroad, express, telephone, telegraph, water, heat (gas), light and power companies. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace I. Approval of Electric Rates Consider adoption of Resolution 1396 amending the Book of Electric Rates. Audit - Finance Committee James Wallace motioned to adopt Resolution 1396 amending the Book of Electric Rates. John Saunders seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace J. Book of Rates - 2021 Consider the adoption of Resolution 1393 regarding the Book of Rates for 2021. Audit-Finance Committee James Wallace motioned to adopt Resolution 1393 regarding the Book of Rates for 2021. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace K. Miscellaneous Fees - 2021 Consider the adoption of Resolution 1394 related to Miscellaneous Fees for 2021. Audit-Finance Committee James Wallace motioned to adopt Resolution 1394 related to Miscellaneous Fees for 2021. John Saunders seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace L. Job Classes and Pay Ranges 2021-2022 Consider adoption of Resolution 1398 amending the schematic list of job classes and pay ranges previously set forth on June 8, 2020 to be part of the 2021-2022 fiscal year budget. Audit - Finance Committee James Wallace motioned to adopt Resolution 1398 amending the schematic list of job classes and pay ranges previously set forth on June 8, 2020 to be part of the 2021-2022 fiscal year budget. John Saunders seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace M. Proposed Budget for Fiscal Year 2021-2022 Hold a public hearing on the proposed budget for fiscal year 2021-2022. Mayor Turk opened the public hearing. There were not any citizens to speak and there were no questions. Mayor Turk closed the public hearing. N. Salem School Division Budget Consider adoption of Resolution 1397 approving the Salem School Division fiscal year 2021-2022 budget. Audit - Finance Committee James Wallace motioned to adopt Resolution 1397 approving the Salem School Division fiscal year 2021 -2022 budget. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace O. Presentation of the Annual Budget for 2021-2022 Consider an ordinance on first reading adopting the budget for fiscal year 2021- 2022. A summary of the proposed budget was advertised in the Salem- Times Register on May 13, 2021. Audit - Finance Committee James Wallace motioned to adopt ordinance on first reading adopting the budget for fiscal year 2021-2022. John Saunders seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace P. Budget Appropriation Ordinance Consider ordinance on first reading appropriating funds for the fiscal year 2021- 2022 budget. Audit - Finance Committee James Wallace motioned to adopt ordinance on first reading appropriating funds for the fiscal year 2021-2022 budget. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace Q. Appropriation of Funds Consider request to appropriate grant funds received from Community Foundation Serving Western Virginia. Audit - Finance Committee James Wallace motioned to appropriate $10,000 in grant revenue received from Community Foundation Serving Western Virginia to the Senior Center. John Saunders seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace R. Appropriation of Funds Consider request to appropriate proceeds from the sale of equipment. Audit - Finance Committee Mayor Turk commented that it was impressive that the Streets Department had been able to acquire these funds from the sale of a truck. James Wallace motioned to appropriate revenue of $19,665 to Sale of Equipment account and increase the expenditure budget for Machinery & Equipment account by $19,665. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace S. Moyer Project Authorize the City Manager to finalize and execute a contract for the Moyer project. City Manager Taliaferro clarified that this is the contract with LOSE Designs, the consultants that have the design for the Moyer project. The amount of the contract for the core services is $837,000 with additional services for surveying and stream delineation for environmental reasons, if necessary. The total cost of those two items is $33,500. He stated that they are relatively certain that the $31,000 for surveying will be necessary. He further explained that this would be for the design of the three tiers that had been previously discussed and that it does not obligate City Council to build all three. That decision will not have to be made until this winter. Randy Foley motioned to authorize the City Manager to finalize and execute a contract for the Moyer project. William Jones seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace T. Salem High School Forensics Team Consider the adoption of Resolution 1399 honoring the Salem High School Forensics Team for winning the Virginia High School League Class 4 State Championship. Mayor Turk stated that there would be a recognition event on Tuesday, May 25, 2021 to honor both the Forensics team and the Football team for their championship wins. She read Resolution 1399 for Council. James Wallace motioned to adopt Resolution 1399 honoring the Salem High School Forensics Team for winning the Virginia High School League Class 4 State Championship. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace U. Salem High School Football Team Consider the adoption of Resolution 1400 honoring the Salem Football team for winning the 2021 Virginia High School League Class 4 Spring State Championship. Mayor Turk read Resolution 1400 for Council. William Jones motioned to adopt Resolution 1400 honoring the Salem Football team for winning the 2021 Virginia High School League Class 4 Spring State Championship. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace 7. Closed Session A. Closed Session Item A Hold a closed session pursuant to section 2.2-3711 (A) (3) of the 1950 Code of Virginia as amended to discuss or consider the acquisition of real property for a public purpose, or 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 disposition of real property. B. Closed Session Item B Hold a closed session pursuant to section 2.2-3711 (A) (6) of the 1950 Code of Virginia as amended to discuss or consider the investment of public funds where competition or bargaining is involved, where, if made public initially, the financial interest of the governmental unit would be adversely affected. James Wallace motioned that in accordance with section 2.2-3711 (A) (3) and (A) (6) of the 1950 Code of Virginia as amended, Council hereby convenes to closed session at 7:46 p.m. for the purpose of discussing the following specific matters: (1) to discuss or consider the acquisition of real property for a public purpose, or 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 disposition of real property. (2) to discuss or consider the investment of public funds where competition or bargaining is involved, where, if made public initially, the financial interest of the governmental unit would be adversely affected. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace James Wallace motioned to reconvene at 8:15 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. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace 8. Adjournment The meeting was adjourned at 8:16 p.m.