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HomeMy WebLinkAbout8/12/2024 - City Council - Minutes - RegularCity Council Meeting MINUTES Monday, August 12, 2024, 6:30 PM Work Session 6:00 P.M.; Regular Session 6:30 P.M. Council Chambers Conference Room, City Hall, 114 North Broad Street, Salem, Virginia 24153 WORK SESSION AMENDED AGENDA 1. Call to Order A work session of the Council of the City of Salem, Virginia, was held in the Council Chambers Conference Room, City Hall, 114 N. Broad Street, Salem, Virginia, on August 12, 2024, at 6:00 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 H. Hunter Holliday; with Renée Ferris Turk, Mayor, presiding; together with Chris Dorsey, City Manager; Rob Light, Assistant City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Chuck Van Allman, Director of Community Development; 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 Discussion of citizen comment requests. Mayor Turk presented requests that had been made by citizens during the Public Comment period of Council meetings from April 22 through July 22, 2024. Discussion was held on various citizen comment requests received from these meetings and they were reviewed by Council. 3. Adjournment There being no further business, Mayor Turk adjourned the meeting at 6:19 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 6:30 p.m., there being present the following members to wit: Renée Ferris Turk, Mayor; James W. Wallace, III, Vice-Mayor; Councilmembers: Byron Randolph Foley, William D. Jones, and H. Hunter Holliday; with Renée Ferris Turk, Mayor, presiding together with Chris Dorsey, City Manager; Rob Light, Assistant City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Chuck Van Allman, Director of Community Development: Tommy Miller, Director of Economic Development; Mike Stevens, Director of Communications; and Jim Guynn, City Attorney. 2. Pledge of Allegiance 3. Bid Openings, Awards, Recognitions There were none this evening. 4. Consent Agenda A. Citizen Comments Comments from the public, limited to five minutes, on matters not already having a public hearing at the same meeting. Ronald Thompson and Matthew Thompson, 1000 W. Riverside Drive, expressed concern about trees falling on their property. He noted that they had discussed the situation with Community Development and updated Council and staff on their situation since the previous meeting at which they had spoken. Mayor Turk asked to confirm that since this was private property it would be the responsibility to handle the matter with the neighbor and not through City involvement. Mr. Van Allman remarked in regards to the applicable section of City Code. He indicated that this Public Nuisance section of Code is relatively new and that the interpretation of whether a tree was a nuisance must be done by someone like a horticulturist that was qualified to make a determination as to whether the tree was an immediate threat and that there was a defined process that must be followed. He also remarked that state code would play into this as well. Mayor Turk repeated that this was a civil matter between Mr. Thompson and his neighbor. She thanked the Thompsons for being here this evening. B. Minutes Consider acceptance of the July 22, 2024, Work Session and Regular Meeting minutes. The minutes were approved as written. C. Financial Reports Consider acceptance of the Statement of Revenues and Expenditures for the twelve months ending June 2024. Mayor Turk noted that the Financial Reports were part of the Agenda Packet that was published ahead of time and that Council had the opportunity to review and ask questions. Vice-Mayor Wallace noted that he realized that these were unaudited statements, and he did not need an answer this evening, but asked Mr. Dorsey if it would be possible to have a look back at the financial models to look at the misses in revenue forecasting. He stated that some areas were off by as much as 15 and 19%. He felt that it was important to understand what was happening for future budgeting purposes. Mr. Dorsey confirmed that he would meet with Ms. Jordan and look at these specifically to determine what these are and what triggered them and would get back to Council on this. The Financial Reports were received. 5. Old Business There was no Old Business this evening. 6. New Business A. Salem High School Wrestling Consider the adoption of Resolution 1478 honoring Salem High School Individual Wrestling Team member Derek Bush for his State Championship. Mayor Turk shared that Council would like to recognize Salem High School Individual Wrestling Team member Derek Bush with Resolution 1478 to honor him this evening for his State Championship. She asked that Derek Bush and Coach Lawrence Van Liew come forward. Mayor Turk read Resolution 1478 for those present. City Council expressed congratulations and pictures were taken Derek and Coach Van Liew with Council by Mike Stevens. Derek was presented with a copy of the resolution and a Salem City Championship pin. William Jones motioned to adopt Resolution 1478 honoring Salem High School Individual Wrestling Team member Derek Bush for his Virginia High School League State Championship. Randy Foley seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace B. Salem High School Debate Team Consider the adoption of Resolution 1479 honoring the Salem High School Debate team for winning the Virginia High School League State Championship. Mayor Turk shared that Council would like to recognize the Salem High School Debate team with Resolution 1479 to honor them this evening. She asked that the members of the team and Coach Mark Ingerson come forward. Mayor Turk read Resolution 1466 for those present. City Council expressed congratulations and pictures were taken of the team and Council by Mike Stevens. The team members were each presented with a copy of the resolution and a Salem City Championship pin. William Jones motioned to adopt Resolution 1479 honoring the Salem High School Debate team for winning the Virginia High School League State Championship. H Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace C. Salem High School Individual Tennis Consider the adoption of Resolution 1480 honoring Salem High School Tennis team member Drew Perez for his Class 4 Boys Tennis Singles State Championship. Mayor Turk shared that Council would like to recognize Salem High School Tennis Team member Drew Perez with Resolution 1480 to honor him this evening for his Class 4 Boys Tennis Single State Championship. She asked that Derek Bush and his mom/Assistant Coach Jill Perez come forward. Mayor Turk read Resolution 1480 for those present. City Council expressed congratulations and pictures were taken Drew and his mom with Council by Mike Stevens. Drew was presented with a copy of the resolution and a Salem City Championship pin. William Jones motioned to adopt Resolution 1480 honoring Salem High School Tennis team member Drew Perez for his Class 4 Boys Tennis Singles State Championship. Randy Foley seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace Mayor Turk thanked all of these students for participating on behalf of the citizens of Salem and for representing their school. She spoke on the dedication and commitment that was required to get where they were. She also thanked Dr. Hicks for being here this evening and let them know that they were free to leave at this point in the meeting. D. Amendment to the Zoning Ordinance Hold public hearing and consider ordinance on first reading for the request of Seaside Heights, LLC, property owner, to rezone the property located at 1590 West Main Street (Tax Map # 140-1-3) from LM Light Manufacturing District to HBD Highway Business District. (Advertised in the July 25 and August 1, 2024, issues of the Salem Times-Register.) (Planning Commission recommended approval; see page 3-4 of Planning Commission minutes.) Mayor Turk asked Mr. Van Allman to brief the public with any information that he had. Mr. Van Allman noted that in the past this property was a highway business type zoning. Somewhere along the way it was incorrectly labeled as Light Manufacturing (LM). He stated that it should be Highway Business District (HBD) and was just missed. The owners came to Community Development planning to do some work and did some things required for it to be conforming. He indicated that the purpose of this request was really to fix a wrong. This business functions as the current form of a highway business district. All they are really doing is adding a second queuing lane for their restaurant. This is being done in order to be a non- grandfathered use and to be in conformance. Councilman Foley noted for the benefit of the public that this is the Bojangles on West Main Street. Mayor Turk opened the public hearing. Ben Crew, 1208 Corporate Circle, Roanoke VA, 24108, of Balzer and Associates, appeared before Council as acting agent on this request. He noted that Stan Seymour, property owner, was with him this evening. He expressed appreciation to Mr. Van Allman for his information and stated that he would be happy to answer any questions. Mr. Foley noted that he felt the information was clear from the Planning Commission minutes. Mayor Turk closed the public hearing. Randy Foley motioned to approve the ordinance on first reading for the request of Seaside Heights, LLC, property owner, to rezone the property located at 1590 West Main Street (Tax Map # 140-1-3) from LM Light Manufacturing District to HBD Highway Business District. H. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace E. Special Exception Permit Hold public hearing to consider the request of Sherwood Memorial Park, Inc., property owner, for a Special Exception Permit to allow for the expansion of the cemetery into the adjacent property located at 1221 Lynchburg Turnpike (Tax Map # 117-1-8). (Advertised in the July 25 and August 1, 2024, issues of the Salem Times-Register.) (Planning Commission recommended approval; see page 5-7 of Planning Commission minutes.) Mayor Turk noted that Council had the notes from the Planning Commission minutes and had reviewed all of the information related to this item. Councilman Foley stated that he would abstain from this item because he serves on the Board at Sherwood Memorial Park. Mayor Turk asked Mr. Van Allman for any additional information. Mr. Van Allman noted that the main point that he wanted Council to be aware of was that they were not going to provide any access to the cemetery from this site and there would be no issues with traffic. The request is to maintain this as a residential structure. The only access will be from the front. It was noted that the plan is for a caretaker to live there and that there would not be public access to any part of the cemetery through this lot. Mayor Turk opened the public hearing. Mike Woolwine, 3800 Electric Road, Roanoke, VA 24108; with Hughes and Associates Engineers, agent for Sherwood Memorial Park, addressed Council. He noted that the President of Sherwood, Susan Mini was with him this evening. He stated that he did not have anything to add to the information that had been shared and that he would be happy to answer any questions. Mayor Turk closed the public hearing. Vice-Mayor Wallace motioned to approve the request of Sherwood Memorial Park, Inc., property owner, for a Special Exception Permit to allow for the expansion of the cemetery into the adjacent property located at 1221 Lynchburg Turnpike (Tax Map # 117-1-8). Mr. Light noted that Council could place conditions on the special exception so that there would be no access from this parcel's frontage along Lynchburg Turnpike and the existing single-family dwelling would not be utilized for cemetery options if they wished to do so. Mr. Jones asked if this was what the Planning Commission passed. Mr. Light noted that this was the staff recommendation from the report. Vice-Mayor Wallace amended the motion. James Wallace motioned to approve the request of Sherwood Memorial Park, Inc., property owner, for a Special Exception Permit to allow for the expansion of the cemetery into the adjacent property located at 1221 Lynchburg Turnpike (Tax Map # 117-1-8) with the conditions that there will be no access to the cemetery from this parcel’s frontage along Lynchburg Turnpike, and the existing single-family dwelling will not be utilized for cemetery operations. H. Hunter Holliday seconded the motion. Ayes: Holliday, Jones, Turk, Wallace Abstain: Foley F. Appropriation of Funds Consider request to appropriate grant funds awarded by Virginia Tourism Corporation. Audit - Finance Committee James Wallace motioned to appropriate $20,000 in grant revenue from the Virginia Tourism Corporation to the State Grants- Tourism account and increase the budget for the grant expenditures account by $20,000. It is also recommended that any of this grant not spent in the fiscal year 2025 be administratively appropriated to fiscal year 2026. This grant provides funds for attracting visitors in other markets to various championship events in the City. Randy Foley seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace G. Appropriation of Funds Consider request to appropriate Preservation Trust Fund Program funds from the Virginia Outdoors Foundation for the Tuttle Transformation to Salem's Downtown Pocket Park. Audit - Finance Committee The City of Salem was awarded a $200,000 grant from the Virginia Outdoors Foundation’s Preservation Trust Fund Program to purchase three parcels located at 230 West Main Street consisting of 1.34 acres in the floodway to create a future community open space. He noted for the benefit of the public that if you were looking head-on at the post office, that this was the land immediately to the left. He added this was the white house and some clear lots. Councilman Foley asked for the public's benefit if the plan was to raze the house or if that was still to be discussed. Mr. Light responded that this was still to be discussed, but that this was an option. He continued that the planning had not gotten to that point yet. Mr. Van Allman added that they needed to determine if the bones were still good or not. Mayor Turk stated that she wanted to note that Council has always been very interested in preserving green space when possible. She added that this was something that Council had talked about this past year, and she was thankful that the City was able to acquire the grant to allow the City to be in the position to move forward with something for the community. Mr. Dorsey noted that depending on what the future plans are, nothing else can really be built there because this land is in the flood plain and that this is a perfect use for that. He wanted to note that the City was not taking good commercial real estate off the tax rolls because nothing else could be built in that location. Mayor Turk added that a drainage issue that they are aware of needed to be taken into consideration with whatever is done for the public. James Wallace motioned to appropriate $200,000 to the planning state grants revenue account and increase the budget for the state grants expenditure account by $200,000. It is also recommended that any of this grant not spent in the fiscal year 2025 be administratively appropriated to fiscal year 2026. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace H. Appropriation of Funds Consider request to appropriate grant funds awarded by Virginia Tourism Corporation. Audit - Finance Committee Vice-Mayor Wallace motioned to appropriate $10,000 in grant revenue from the Virginia Tourism Corporation to the State Grants – Tourism account and increase the budget for the grant expenditures account by $10,000. It is also recommended that any of this grant not spent in the fiscal year 2025 be administratively appropriated to fiscal year 2026. The purpose of the grant includes increasing overnight visits to Salem, increasing visits to the Salem Museum, exposure to the history of Salem while relating to VA250, and creating awareness of life on the frontier in the 1700s. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace Mayor Turk noted that it was great that the City had applied for these grants and that they were able to be used in such a way. I. Appropriation of Funds Consider Request to Appropriate Highway Maintenance Carryover for Apperson Bridge #1800. Audit - Finance Committee The City has an existing approved capital project for Bridge #1800 on Apperson Drive near Cook Drive over the Roanoke River. The project includes City repairs to two sidewalks and an existing waterline on the upstream overhang. He added that this was not to be confused with the other upcoming bridge work at Apperson and 419 as a point of clarity. James Wallace motioned to re-appropriate $292,400 previously appropriated in fiscal year 2024 to complete the project from highway maintenance state funding to the Designation of Beginning Fund Balance account and to the Transfer to Capital Projects highway maintenance account in the General Fund. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace J. Appropriation of Funds Consider request to amend the School Grants fund budget as approved by the School Board on July 9, 2024. Audit - Finance Committee James Wallace motioned to approve the School Board’s appropriation change of $194,211 to the School Grant’s Fund as approved by the School Board at their July 9, 2024, meeting. Additionally, authorize that any of this grant not expended in fiscal year 2024 be administratively appropriated to fiscal year 2025. These grant funds were received late in fiscal year 2024. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace K. Appropriation of Funds Consider request to appropriate funds from the Library of Virginia. Audit - Finance Committee James Wallace motioned to appropriate $22,027 to the Library Grants in Aid State revenue account. Increase the budget for the Books and Subscriptions – State account by $22,027 to reflect additional funds provided for books and materials by the Library of Virginia. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace L. Appropriation of Funds Consider request to appropriate Virginia Department of Elections Grant for the Registrar. Audit - Finance Committee Mayor Turk noted that no local match was required. James Wallace motioned to accept a grant from the Virginia Department of Elections to purchase equipment and appropriate $14,075 in grant revenue to the ARPA – Election Grant Revenue account. Also, appropriate $14,075 to federal grant expenditures, ARPA – Election Grant Expenditure account. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace M. Appropriation of Funds Consider request to re-appropriate funding for various capital items. Audit - Finance Committee Vice- Mayor Wallace noted that this was a financial housekeeping item. In previous fiscal years, funds were budgeted for capital items that were not purchased for various reasons. Provided in the agenda packet is a list of projects that need to have funding reappropriated in fiscal year 2025. Re-appropriated funds will be used to cover the cost of equipment and projects, and this list can be found in the Agenda Packet. James Wallace motioned to re-appropriate fund balance of $912,760 to the General Fund, re-appropriate $485,000 to the Sewer Fund, re-appropriate $54,916 to the Catering Fund, and re-appropriate $272,190 to the Civic Center Fund for capital items previously approved. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace N. Appropriation of Funds Consider request to appropriate bond proceeds for Franklin Street Water Tank Replacement and Well Infrastructure Development Projects. Audit - Finance Committee James Wallace motioned to appropriate bond proceeds of $4,650,000 for the Franklin Street Tank Replacement and Well Infrastructure Development projects per the Capital Improvement Plan to the Appropriated from Bond Proceeds revenue account and Infrastructure Improvements expense account in the fiscal year 2024 budget to allow these projects to proceed. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace O. Reimbursement Resolution Receive report and consider adoption of Resolution 1481 authorizing reimbursement from proposed Fiscal Year 2025 borrowing. Audit - Finance Committee The City’s approved budget includes borrowing of funds for the development of well infrastructure for the water plant and the replacement of the water tank located on Franklin Street. Due to the timing of this project, funds may be expended prior to the debt issuance. In order to ensure that the City can be reimbursed from the bond proceeds, a reimbursement resolution needs to be adopted giving the City the ability to reimburse any funds expended for this project prior to closing on the borrowing. James Wallace motioned to adopt Reimbursement Resolution 1481 allowing the City to be reimbursed from bond proceeds once a borrowing is completed during the fiscal year 2025. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace P. Building Addition-Warehouse Space Consider setting bond for erosion and sediment control and landscaping for Building Addition-Warehouse Space at 1640 Roanoke Boulevard. Audit - Finance Committee Vice-Mayor Wallace noted for the benefit of the public that this item pertained to the special exception permit that Council approved a few months back for the property across the street from the GE plant on Shenandoah Avenue. He believed that they are going to add a warehouse. James Wallace motioned to bond erosion and sediment control; and landscaping for a building addition-warehouse space located at 1640 Roanoke Boulevard in the amount of $21,723.00 with a time frame for completion set at twelve (12) months. Randy Foley seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace Q. Deed of Easement - 2005 Cook Drive Consider authorizing the City Manager to finalize and execute the Deed of Easement between the City of Salem and The Roanoke Valley Broadband Authority for the property located at 2005 Cook Drive (Tax Map #256-1-2) for the construction and operation of certain telecommunications facilities Mayor Turk asked Mr. Light to give some background information on this item. Mr. Light shared that the City of Salem, along with some other localities in the region, established and are members of the Roanoke Valley Broadband Authority for the purpose of promoting data and telecommunication services. A business on Cook Drive reached out to the Authority that needed additional capacity and another option. The Broadband Authority had fiber adjacent and had to cross under a railroad track to get to the necessary depth and back. They slightly had to cross over on City property, so technically an easement is needed from the City to be able to serve this business and others on Cook Drive. Mr. Dorsey noted that this did not disturb anything and that there was not an impact for the City. Mr. Light confirmed this and noted that they had worked with Community Development, Streets, and other departments to make sure that there was no impact on the City. Randy Foley motioned to authorize the City Manager to finalize and execute the Deed of Easement between the City of Salem and The Roanoke Valley Broadband Authority for the property located at 2005 Cook Drive (Tax Map #256-1-2) for the construction and operation of certain telecommunications facilities. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace R. Boards and Commissions Consider appointments to various boards and commissions. Randy Foley motioned to upon CPMT approval, appoint Sean Slusser as primary to replace Derek Weeks and Seth Chamberland to replace Danny Crouse as alternate, both from the Police Department; to appoint Bridget Nelson to replace Deborah Coker as alternate from Salem City Schools; and to remove Sarah Watkins and Chris Park as alternates and add Deborah Breedlove as an alternate for Blue Ridge Behavioral Healthcare to the Community Policy Management Team. William Jones seconded the motion. Vice-Mayor Wallace asked if a resignation had been received by Mr. Weeks from this position. Ms. Jordan noted that no resignation was required. Ayes: Foley, Holliday, Jones, Turk, Wallace 7. Closed Session A. Closed Session Hold a closed session in accordance with the provisions of Section 2.2- 3711A(5) of the 1950 Code of Virginia, as amended, for discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business’ or industry’s interest in locating or expanding its facilities in the community. James Wallace motioned that, in accordance with Section 2.2-3711 A (5) of the 1950 Code of Virginia, as amended, Council hereby convenes to closed session at 7:22 p.m. for the purpose of discussing the following specific matters: For discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community. Randy Foley seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace Mayor Turk noted that no action was anticipated this evening. A citizen in the audience asked about an item she had anticipated on the agenda that was not and asked about a meeting being held at the Salem Civic Center tomorrow. Mayor Turk noted that an open house was being held at the Salem Civic Center tomorrow from 3:00 to 7:00. She stated that the purpose was to inform the citizens of what has been collected to this point towards the Comprehensive Plan update. Mayor Turk stated for the record that a Comprehensive Plan meeting is being held tomorrow and that normally she would announce this right before closing the meeting. She informed the citizens that the meeting would be held tomorrow from 3:00 to 7:00 at the Salem Civic Center. James Wallace motioned to reconvene at 7:48 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, Holliday, Jones, Turk, Wallace 8. Adjournment The meeting was adjourned at 7:48 p.m.