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HomeMy WebLinkAbout11/23/2020 - City Council - Minutes - RegularUNAPPROVED MINUTES CITY COUNCIL WORK SESSION November 23, 2020 A work session of the Council of the City of Salem, Virginia, was held in the Community Room, Salem Civic Center, 1001 Roanoke Boulevard, Salem, Virginia, on November 23, 2020, at 5:30 p.m., there being present the following members of said Council, to wit: Renee F. Turk, James W. Wallace, III, Byron Randolph Foley, William D. Jones, and John E. Saunders (participated remotely); with Renee F. 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; and Mary Ellen Wines, Zoning Administrator; 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 WHEREAS, Mr. Light presented information on the City’s existing take-home vehicles and the related policy; and WHEREAS, Ms. Wines overview of potential zoning ordinance housekeeping items and the current zoning enforcement process; and WHEREAS, there were no other topics for discussion. There being no further business to come before the Council, the work session was adjourned at 6:20 p.m. ____________________________________ Mayor _____________________________________ Clerk of Council Ci ty Counci l Meeti ng M INUTES Monday, November 23, 2020, 6:30 P M Community Room, Salem Civic Center, 1001 Roanoke Boulevard, Salem, Virginia 24153 1.C all to Order A regular meeting of the C ouncil of the City of Salem, Virginia, was called to order at 6:30 p.m., there being present the following members to wit: Renee F. Turk, Mayor, J ames W. Wallace, III, Vice-Mayor, C ouncil members: Byron Randolph Foley, William D. J ones, and J ohn E. Saunders (participated remotely); with Renee F. Turk, Mayor, presiding; together with J ames E. Taliaferro, II, C ity Manager; Rob Light, Assistant C ity Manager and Clerk of C ouncil; Rosemarie B. J ordan, Director of Finance; Stephen M. Yost, C ity Attorney; C harles E. VanAllman, J r., C ommunity Development Director; Mike Stevens, C ommunications Director; and J im Guynn, C ounsel. Mr. Taliaferro noted that J ohn Saunders has requested to participate remotely and asked him to read this statement for him. "In accordance with the C ity's Emergency Declaration, and the C ity's C ontinuity of Service Ordinance, and the City's Remote Participation Policy, I hereby request to participate remotely for medical reasons." William J ones moved to accept the remote participation of Mr. Saunders. Randy Foley seconded the motion. Ayes: J ones, Foley, Wallace, Turk 2.Pledge of Allegiance 3.Bid Openings, Awards, Recognitions A.Recognition of Electoral Board, Voter Registrar, and Staff Presentation of a Proclamation of Recognition to the Salem Electoral Board, Voter Registrar and Staff. Mayor Turk noted that C ouncil would like to recognize the Salem Electoral Board, Voter Registrar and staff at this time and read into the record the "Proclamation for the Salem Electoral Board, Voter Registrar and Staff." P R O C L A M A T I O N WHE RE AS, the C O VID-19 pandemic had a profound effect on the 2020 elections; and WHEREAS, Dana Oliver, Director of Elections; Sharon Pratt, Deputy Registrar; and the City’s Electoral Board of Everette B. Obenshain, Jr., Chairman; Steve Smeltzer, Vice-Chairman; and Katherin A. Elam, Secretary expertly and tirelessly worked to ensure successful voting options for Salem citizens; and WHEREAS, election workers were readily available and willing to help voters safely and securely access voting stations; and WHEREAS, an unprecedented 61 percent of all votes cast were comprised of 6,721 votes at the Registrar’s office during the early in-person voting period and 2,323 votes cast by mail or email absentee ballots; and WHEREAS, polling locations had to be combined at the Civic Center in order to safely manage the election; and WHEREAS, modifications were required to the interior and exterior of the Registrar’s office to accommodate in-person voting; and WHEREAS, Salem citizens patiently exercised their right to vote by the method of their choosing; NOW, THEREFORE, be it resolved by the Council of the City of Salem, that the Council commends and expresses its appreciation to the Electoral Board, Registrar Staff, Election Workers, and Salem residents for their extraordinary efforts during the COVID-19 pandemic to ensure a successful election process in the City and urges voters, businesses, organizations, and public officials to join in celebrating and thanking these individuals. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Salem to be affixed this the 23rd day of November in the year of our Lord two thousand twenty and of the Independence of the United States of America the two hundred and forty-fourth. Renee Ferris Turk _______________________ Mayor of the City of Salem, Virginia ATTEST: H. Robert Light Clerk of Council City of Salem, Virginia The Salem Electoral Board and Director of Elections Dana Oliver were present to accept the Proclamation. City Council thanked them for their service to the City of Salem. B.Recognition of City Attorney Steve Yost Presentation of a Proclamation of Recognition for City Attorney Steve Yost who is retiring December 31, 2020. Mayor Turk noted Council would like to present another special proclamation this evening. She read into the record the "Proclamation for Stephen Michael Yost." P R O C L A M A T I O N WHEREAS, Stephen Michael Yost has served as Attorney for the City of Salem and its citizens for 39 years, helping to guide personnel and policy with his knowledge and professionalism; and WHEREAS, Mr. Yost served with City Managers Bill Paxton, Randy Smith, Forest Jones, Kevin Boggess and Jay Taliaferro, along with Mayors Jim Taliaferro, Sonny Tarpley, Howard Packett, Randy Foley and Renee Turk during his distinguished career; and WHEREAS, Mr. Yost skillfully assisted these leaders in the extremely complicated development and formation of the city’s very own School Division prior to its official opening in 1983; and WHEREAS, Mr. Yost, who received his Law degree from the University of Richmond in 1975 and was admitted to the Virginia State Bar the same year, also provided professional guidance to the city, as he skillfully represented Council in matters of litigation when called upon; and WHEREAS, Mr. Yost has over his years as City Attorney become an expert in multiple areas of municipal law enabling him to render invaluable advice and counsel to the City, its officials and staff; and WHEREAS, Mr. Yost has successfully guided the City through the many changes and challenges which have taken place over nearly 40 years, including litigated zoning matters in Wendy’s of Western Virginia v. The City of Salem, the Oakey Field case and the Kime Lane Water Tank case; the Wendy’s case was ultimately decided by the Virginia Supreme Court and established a legal precedent for the Commonwealth of Virginia; and WHEREAS, Mr. Yost’s unflappable personality, hard work, congenial disposition and competent advice have aided the City of Salem to move forward on a sure and stable path and endeared him to City officials, staff and employees, all of which has redounded to the benefit of the citizens of the City; and WHEREAS, Mr. Yost has resided in the City of Salem for nearly 45 years together with his wife, Janet. They have two children, Emily and David, and one grandson, Ethan, and three step-granddaughters, Aubrey, Ava and Annika. NOW, THEREFORE, be it resolved that the City of Salem, Virginia recognizes the able and expert service of 39 years of Stephen Michael Yost as City Attorney and encourages its officers, employees and citizens to acknowledge his many contributions to the City with thanks and gratitude; and Be it further resolved that I, Renee Ferris Turk, Mayor of the City of Salem, Commonwealth of Virginia, do hereby proclaim Monday, November 23, 2020, as STEPHEN MICHAEL YOST DAY in the City of Salem, Virginia in honor and recognition of his unwavering dedication and 39 years of dedicated and able service to the City of Salem. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Salem to be affixed this the 23rd day of November in the year of our Lord two thousand twenty and of the Independence of the United States of America the two hundred and forty-fourth. Renee Ferris Turk _______________________________ Mayor of the City of Salem, Virginia ATTEST: H. Robert Light Clerk of Council City of Salem, Virginia Mr. Yost appeared before the Council and thanked them for the honor. It has been a great privilege to serve the City all these years. He noted that he could remember when he was appointed in 1981, and he can remember the Council members sitting in front of him just like today. In some ways it seems like three lifetimes ago and other ways it seems like just yesterday. All the Council members like this Council today have all been outstanding people. He noted he appreciates all of the Council members, and he knows that we all like to be part of something that is maybe greater than us individually something that we can use our time and skills for the betterment of our citizens. He feels this is certainly why this Council is doing it, and he likes to think this is why he did it, too. He again thanked City Council for the honor and noted that he will be around if he is needed. 4.Consent Agenda A.Minutes Consider acceptance of minutes from the November 9, 2020, regular meeting and work session. Accepted B.Financial Report Consider the acceptance of the Statement of Revenues and Expenditures for the four months ending October 2020. Received 5.Old Business A.Special Exception Permits Consider the request of Dominion Service & Parts LLC, lessee, and Premier Investments LLC, property owner, for the issuance of Special Exception Permits to allow an automobile dealership, used, and an automobile repair service, major, on the property located at 224 West 4th Street (Tax Map #161-7-1). (Continued from the November 9, 2020, meeting.) Mayor Turk noted that this item was continued from the November 9, 2020, meeting of Council. She asked if there was anyone to speak regarding these requests this evening. Mr. Taliaferro noted that staff had received a request from the property owner on behalf of the petitioner and himself to continue the requests until January. It was noted the petitioner would like to continue to the January 11th meeting. William Jones motioned to continue the request of Dominion Service & Parts LLC, lessee, and Premier Investments LLC, property owner, for the issuance of Special Exception Permits to allow an automobile dealership, used, and an automobile repair service, major, on the property located at 224 West 4th Street (Tax Map #161-7-1) to the January 11, 2021, meeting. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace 6.New Business A.Appointment of I nterim City Attorney Consider the appointment of an Interim C ity Attorney due to the retirement of Steve Yost, City Attorney. Vice Mayor Wallace noted that he would like amend the motion that the Interim C ity Attorney appointment sunset at the end of March. He stated that we spend about $90,000 a year on attorney's fees, and he is a little concerned that we are putting this out there in a no bid environment so he believes the end of March will give us enough time to find a permanent C ity Attorney. So, he is making an amendment that the Interim appointment expire at the end of March 2021. Mr. J ones asked if it was necessary to put a time limit on this. Vice Mayor Wallace noted he thought we should otherwise we could be here this time next year with an Interim Attorney. Mr. J ones noted that he does not have a problem without the time restriction unless another Council member does. T here was discussion regarding which motion should be voted on first. Vice Mayor Wallace noted he thought they would need to vote on the amendment, if there is a second, and then they would vote on the original motion. Mayor Turk asked if there was a second to the amended motion. T here was additional discussion regarding placing a time restriction on the Interim C ity Attorney appointment. Mayor Turk again asked if there was a second to the motion. Mr. Saunders noted that the he did not have a problem seconding the motion, but he would like to know if the end of March will work for staff to find a permanent recommendation for the C ity Attorney. Mr. Taliaferro noted if C ouncil would like to move forward with some sort of proposal process staff can put this together and potentially have interviews. Mr. J ones asked if it was necessary to do it this way. Mr. Taliaferro noted that it would not be necessary. Legal services are exempt from the Virginia procurement policy so we could theoretically contact an attorney who specializes in whatever problem we would have and hire that person on the spot. Mayor Turk asked Mr. Saunders if he was seconding the motion, and Mr. Saunders noted that he was not seconding the amended motion. Mayor Turk noted that since there is no second to the motion, the motion has failed. William J ones motioned to appoint J im Guynn as Interim City Attorney due to the retirement of Steve Yost, City Attorney. Randy Foley seconded the motion. Ayes: Foley, J ones, Saunders, Turk Nays: Wallace B.Salem Municipal Golf Course Consider renewing the lease for Salem Municipal Golf Course for 2021. Mr. Yost noted that the lease for the Salem Golf Lease goes back to before he became C ity Attorney in 1981. His predecessor, Sagan Kime, prepared the lease and he believes it was only one page long. Since then, he has added a couple things like insurance, indemnification, etc., but it is basically the same lease as it has been forever. Vice Mayor Wallace noted he is curious and asked if there is anyone else interested in managing the golf course. Is this the only person who has shown interest over the years? Mr. Yost noted he really did not know, but the C ity has the right if they want to put this out for bid. Further, the C ity also has the right to continue the lease as it is, if Council should so desire. Vice Mayor Wallace asked if there is a reason why we have not put this out for bid. Mr. J ones noted that ever since he has been on C ouncil Mr. J ohnston has done an outstanding job with the golf course, and he does think we can get it any cheaper than it is now. Randy Foley motioned to renew the lease for 2021 for the Salem Municipal Golf C ourse and to authorize the C ity Manager to execute the lease. William J ones seconded the motion. Ayes: Foley, J ones, Saunders, Turk Nays: Wallace C .Abstract of Votes Receive the Abstract of Votes cast at the General and Special Elections held on November 3, 2020. T he Abstract of Votes was received as presented. D.Blue Ridge B est F oods P erformance Agreement Amendment Consider the approval and authorize the City Manager to execute the amended Performance Agreement between Blue Ridge Best Foods, LLC, the Economic Development Authority of the City of Salem, Virginia, and the City of Salem. Mr. Taliaferro noted the C ity and the Economic Development Authority (ED A) of the C ity received a request from the owner of Blue Ridge Best Foods, LLC , which is Angelles Diner, to amend their performance agreement which has one year left. With them being closed for a while due to C O VID-19, they will not be able to meet their performance marks this year and have requested an extension. T he ED A voted to approve extending the date from December 31, 2020, to December 31, 2021, for the final year of their performance agreement. Mr. J ones noted that C indy Shelor, C hair of the Economic Development Authority, was in the audience. He noted that C ouncil appreciates the work she and the ED A have been doing during this time of C O VID-19. T hey have done an outstanding job. Mayor Turk noted that she agrees with Mr. J ones, and also the ED A taking care of a lot of things small businesses have needed during this time. Mrs. Shelor noted she appreciated the comments and also C ouncil's consideration of approving the amended performance agreement. William J ones motioned to approve the amended performance agreement between Blue Ridge Best Foods, LLC , the Economic Development Authority of the City of Salem, Virginia, and the City of Salem and to authorize the City Manager to execute the amended agreement. J ames Wallace seconded the motion. Ayes: Foley, J ones, Saunders, Turk, Wallace E.Appropriation of F unds Consider request to amend the School Grant Fund budget as approved by the School Board on November 10, 2020. Audit - Finance C ommittee Vice Mayor Wallace noted the Audit Finance C ommittee met this evening to discuss this request. T he School Grant Fund budget was amended for fiscal year 2020-2021 by the School Board at their meeting on November 10, 2020. T he Board amended the G rant Fund to increase revenues and expenditures by $116,675. A memo from the Schools covered the appropriation changes. T he C ommittee reviewed the request and recommends appropriating $116,675 to the Grant Fund budget. J ames Wallace motioned to approve the School Board's appropriation change of $116,675 to the School Grant Fund budget. Randy Foley seconded the motion. Ayes: Foley, J ones, Saunders, Turk, Wallace F.Ordinance for B onuses Consider ordinance on first reading approving salary bonuses for employees of the City of Salem. Audit - Finance C ommittee Vice Mayor Wallace noted the Audit Finance C ommittee also discussed this request. Virginia Code § 15.2-1508 empowers the C ity C ouncil to authorize payment of bonuses to all employees of the C ity of Salem by ordinance. T he employees of the City of Salem have distinguished themselves in a time of a pandemic by their hard work and selfless commitment to the City of Salem and its citizens. C ouncil hereby ratifies a one-time bonus in the amount of $1,000 to full- time employees and $500 to part-time employees. T his bonus applies to all employees who did not receive hazard duty pay from the C A RES Act of 2020. T he C ommittee reviewed the request and recommends adopting the ordinance for employee bonuses as amended by the Audit Finance C ommittee. J ames Wallace motioned to adopt an ordinance on first reading approving salary bonuses for employees of the C ity of Salem as amended. Randy Foley seconded the motion. Ayes: Foley, J ones, Saunders, Turk, Wallace G.Boards and Commissions Consider appointments to various Boards and Commissions. Mayor Turk motioned to reappoint Dr. Forest J ones as a member and Helen Ferguson as an at-large member to the Blue Ridge Behavioral Healthcare Board for three-year terms ending December 31, 2023; to reappoint N ancy Duffy for a three- year term to the Board of Equalization of Real Estate Assessments for a three-year term ending N ovember 30, 2023; and to reappoint William D. J ones, J ames E. Taliaferro, II, and April M. Staton as members and Byron R. Foley, Rosemarie J ordan, and B. Todd C lingenpeel as alternates to the Western Virginia Regional J ail Authority for one-year terms ending December 31, 2021. Vice Mayor Wallace seconded the motion. Ayes: Saunders, J ones, Foley, Wallace, Turk Nays: J ames Wallace motioned to appoint Garry Lautenschlager to the Personnel Board to fill the expired term of Lexi Dibbern for a two-year term ending November 23, 2022. Renee Turk seconded the motion. Ayes: Foley, J ones, Saunders, Turk, Wallace 7.Adjournment Mayor Turk noted there is one additional proclamation to make note of this evening. T he C ity has proclaimed this coming Saturday, November 28, 2020, as Small Business Saturday. She encouraged everyone to support the local businesses in the C ity of Salem by shopping local and also dining out in our restaurants. T hese businesses are really going to need our support this winter and also moving forward. T he meeting was adjourned at 7:03 p.m.