city of waynesboro, virginia

CITY OF WAYNESBORO, VIRGINIA

CITY COUNCIL BUSINESS MEETING AGENDA

BOBBY HENDERSON, MAYOR, WARD C

LANA WILLIAMS, VICE MAYOR, WARD A

BRUCE ALLEN, COUNCIL MEMBER, WARD B

TERRY SHORT, JR., COUNCIL MEMBER, AT LARGE

SAM HOSTETTER, COUNCIL MEMBER, WARD D

TO BE HELD IN THEKATE COLLINS MIDDLE SCHOOL AUDITORIUMAT 1625 IVY STREET, WAYNESBORO, VIRGINIAON MONDAY, NOVEMBER 8, 2021 AT 7:00 P.M.

(PRECEDED BY A COUNCIL WORK SESSION BEGINNING AT 6:00 P.M.)

CALL TO ORDER

PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA

AGENDA ADOPTION

MATTERS FROM THE MAYOR

MATTERS FROM COUNCIL MEMBERS.

CONSENT AGENDA:a. October 25, 2021 Business Meeting Minutes Adoption.

b. Historical Commission Appointment: Consider appointing a candidate to the

Historical Commission to an unexpired four-year term ending August 31, 2025.

c. Library Board of Directors Appointment: Consider appointing a candidate to the

Library Board of Directors to an unexpired four-year term ending August 31, 2022.

d. Rezoning numerous properties, east of North Poplar Avenue, along portions of New Hope Road, Ohio Street, and North Avenue, from H-B Highway Business to L-B Local Business – Second consideration and adoption of an ordinance.

e. Fiscal Year 2022 Budget Calendar: Consider adopting the Fiscal Year 2022 Budget

Calendar.

6a 2021 1025.Minutes Draft.pdf6 B Appointment Memo To Council 2021 1108.Pdf6 C Appointment Memo To Council 2021 1108 Library.pdf6d Rezone For PC H-B To L-B Rezoning 102521.Pdf6e Briefing For FY23 Budget Calendar 11-8-21.PdfCopy Of FY2023 Budget Calendar.pdf

REZONE 1040 RESERVOIR STREET ORDINANCESecond consideration/adoption of an ordinance regarding a request by Mr. Jacob Turner to change the zoning of 1040 Reservoir Street from RG-5, General Residential, to R-MF, Multi -Family Residential.

7 Rezone 1040 Reservoir Street Mgm Edits.pdf

PUBLIC HEARING – CITY CHARTER AMENDMENTSHold a public hearing to receive public comments on a resolution requesting the General Assembly introduce a bill amending the Charter of the City of Waynesboro, including: 1) amending the date of the general election from May to November; as required by law; 2) imposing a ward-based residency requirement and ward voting, in compliance with new changes to the Virginia Code; 3) removing the city assessor as a Charter employee appointed by City Council; and 4) allowing Council to appoint Charter employees for up to a 2-year term.

8 Charter Amendment Briefing.pdfResolution Proposed 2021 Charter Amendments.pdf

PUBLIC SAFETY DEPARTMENT UPDATESReceive a departmental update from the Police Department, Fire Department and Emergency Operations.

RESOLUTION – OPIOID SETTLEMENTConsider adopting a resolution accepting a settlement from the Opioid Abatement and Settlement Fund.

Opioid Distributors And Janssen Pharmaceutical.pdf

CORRESPONDENCE, COMMUNICATION, AND CALENDAR

CITIZEN COMMENT PERIOD

CLOSED MEETINGHold a closed meeting to consult with legal counsel regarding specific legal matters requiring the provision of legal advice by the city attorney, as authorized by section 2.2-3711(A)(8) of the Virginia Code. The subject matter of the meeting is redistricting.

ADJOURN

The Waynesboro City Council encourages the participation of all City citizens. For those with

special needs, please notify the Clerk of Council (540-942-6669) of any accommodations required, including assisted listening device, at least five days prior to the meeting you wish to attend.

If you have access to the City ’s website, www.waynesboro.va.us,, you may receive advance notifications for Council meeting agendas, minutes, and City department information.

From the home page, click on “Notify Me ”, enter your email address and/or mobile phone number and select those items you want to receive advance notice. Then follow the instructions. You will

receive email messages from [email protected].

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CITY OF WAYNESBORO, VIRGINIA

CITY COUNCIL BUSINESS MEETING AGENDA

BOBBY HENDERSON, MAYOR, WARD C

LANA WILLIAMS, VICE MAYOR, WARD A

BRUCE ALLEN, COUNCIL MEMBER, WARD B

TERRY SHORT, JR., COUNCIL MEMBER, AT LARGE

SAM HOSTETTER, COUNCIL MEMBER, WARD D

TO BE HELD IN THEKATE COLLINS MIDDLE SCHOOL AUDITORIUMAT 1625 IVY STREET, WAYNESBORO, VIRGINIAON MONDAY, NOVEMBER 8, 2021 AT 7:00 P.M.

(PRECEDED BY A COUNCIL WORK SESSION BEGINNING AT 6:00 P.M.)

CALL TO ORDER

PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA

AGENDA ADOPTION


MATTERS FROM COUNCIL MEMBERS.

CONSENT AGENDA:a. October 25, 2021 Business Meeting Minutes Adoption.

b. Historical Commission Appointment: Consider appointing a candidate to the

Historical Commission to an unexpired four-year term ending August 31, 2025.

c. Library Board of Directors Appointment: Consider appointing a candidate to the

Library Board of Directors to an unexpired four-year term ending August 31, 2022.

d. Rezoning numerous properties, east of North Poplar Avenue, along portions of New Hope Road, Ohio Street, and North Avenue, from H-B Highway Business to L-B Local Business – Second consideration and adoption of an ordinance.

e. Fiscal Year 2022 Budget Calendar: Consider adopting the Fiscal Year 2022 Budget

Calendar.

6a 2021 1025.Minutes Draft.pdf6 B Appointment Memo To Council 2021 1108.Pdf6 C Appointment Memo To Council 2021 1108 Library.pdf6d Rezone For PC H-B To L-B Rezoning 102521.Pdf6e Briefing For FY23 Budget Calendar 11-8-21.PdfCopy Of FY2023 Budget Calendar.pdf

REZONE 1040 RESERVOIR STREET ORDINANCESecond consideration/adoption of an ordinance regarding a request by Mr. Jacob Turner to change the zoning of 1040 Reservoir Street from RG-5, General Residential, to R-MF, Multi -Family Residential.

7 Rezone 1040 Reservoir Street Mgm Edits.pdf

PUBLIC HEARING – CITY CHARTER AMENDMENTSHold a public hearing to receive public comments on a resolution requesting the General Assembly introduce a bill amending the Charter of the City of Waynesboro, including: 1) amending the date of the general election from May to November; as required by law; 2) imposing a ward-based residency requirement and ward voting, in compliance with new changes to the Virginia Code; 3) removing the city assessor as a Charter employee appointed by City Council; and 4) allowing Council to appoint Charter employees for up to a 2-year term.

8 Charter Amendment Briefing.pdfResolution Proposed 2021 Charter Amendments.pdf

PUBLIC SAFETY DEPARTMENT UPDATESReceive a departmental update from the Police Department, Fire Department and Emergency Operations.

RESOLUTION – OPIOID SETTLEMENTConsider adopting a resolution accepting a settlement from the Opioid Abatement and Settlement Fund.

Opioid Distributors And Janssen Pharmaceutical.pdf

CORRESPONDENCE, COMMUNICATION, AND CALENDAR

CITIZEN COMMENT PERIOD

CLOSED MEETINGHold a closed meeting to consult with legal counsel regarding specific legal matters requiring the provision of legal advice by the city attorney, as authorized by section 2.2-3711(A)(8) of the Virginia Code. The subject matter of the meeting is redistricting.

ADJOURN

The Waynesboro City Council encourages the participation of all City citizens. For those with

special needs, please notify the Clerk of Council (540-942-6669) of any accommodations required, including assisted listening device, at least five days prior to the meeting you wish to attend.

If you have access to the City ’s website, www.waynesboro.va.us,, you may receive advance notifications for Council meeting agendas, minutes, and City department information.

From the home page, click on “Notify Me ”, enter your email address and/or mobile phone number and select those items you want to receive advance notice. Then follow the instructions. You will

receive email messages from [email protected].

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Documents:

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https://www.waynesboro.va.us/5f93e49c-ae5f-4c7b-b166-412ce7bf2eb3

Unapproved Draft

WAYNESBORO, VIRGINIA

CITY COUNCIL REGULAR BUSINESS MEETING MINUTES

Council for the City of Waynesboro, Virginia held a Regular Business Meeting on Monday, October 25, 2021 at 7:00 p.m. in the auditorium of the Waynesboro High School, 1200 W. Main Street, Waynesboro, Virginia, with Mayor Henderson presiding and calling the meeting to order. This meeting was also viewable by accessing the City’s YouTube Channel. PRESENT: Council Members: Bobby Henderson, Mayor Lana Williams, Vice Mayor Bruce Allen, Council member Terry Short, Jr., Council member Sam Hostetter, Council member

City Staff: Michael Hamp, City Manager Cameron McCormick, Assistant City Manager - Finance Todd Wood, Assistant City Manager - Operations Julia Bortle, Clerk of Council Michael Wilhelm, Police Chief J.W. Oliver, Captain, Police Department Gary Critzer, Emergency Operations Director

Counsel: Melisa Michelsen, Esq., Litten & Sipe LLC Guest: Dr. Laura Kornegay, Central Shenandoah Health District Director ABSENT: None

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CALL TO ORDER AND PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA The mayor opened the meeting and Council member Allen led everyone in the Pledge of Allegiance to the flag of the United States of America. He then explained that citizen must sign up to speak during the public hearing and/or the citizen comment period.

********* BUSINESS MEETING AGENDA AMENDMENT At the applicant’s request, Council member Allen moved to table the ordinance regarding rezoning of property on Reservoir Street until the November 8, 2021 Council meeting. Having been seconded, the second consideration of the ordinance was postponed to November 8:

Mayor Henderson Aye Council member Allen Aye Vice Mayor Williams Aye Council member Short Aye Council member Hostetter Aye

At the mayor’s request, Council member Allen moved to postpone consideration of the proposed city code amendment for Chapter 14, “Animals”, until a January 2022 meeting giving Council more time to

ITEM 6 (a)

Regular Business Meeting Monday, October 25, 2021 Unapproved Draft

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consider the amendments. Having been seconded, the motion to postpone the code amendment ordinance to January, 2022 was adopted:


AMENDED BUSINESS MEETING AGENDA Council member Short moved to adopt the amended business meeting agenda, per the tabling and postponement previously adopted. Having been seconded, the amended business meeting agenda was adopted 5:0:


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Mayor Henderson presented an award from the Virginia Association of Police Chiefs Foundation for lifesaving to Police Officer Rebecca Shouey for saving a woman in crisis who was preparing to take her own life.

********** MATTERS FROM COUNCIL MEMBERS

Council member Hostetter provided his COVID-19 update, stating the number of cases decreased, with an average of seven per day. Vaccination rates continue to rise. He stressed continued vigilance in protection and encouraged anyone with questions to speak with their health care professional. .

********** CONSENT AGENDA Council member Short moved to adopt the consent agenda as presented. Having been seconded and with no objections, the consent agenda was adopted 5:0


Consent Agenda a. October 13, 2021 Business Meeting Minutes Adoption. b. Appropriating $9,099 of fund balance from the Victim Witness Restricted Reserve and

donations to the Victim Witness Program to the General Fund – second consideration/adoption of ordinance. (2021-80)

c. Historical Commission Appointment: Consider appointing a candidate to the Historical Commission for a four-year term ending August 31, 2025.

Regular Business Meeting Monday, October 25, 2021

Unapproved Draft

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d. Redevelopment and Housing Reappointment and Appointment: Consider reappointing a member and appointing a candidate to the Redevelopment and Housing Authority Board, each for a four-year term ending August 31, 2025.

********** SERVICE RECOGNITION

Dr. Laura Kornegay, Central Shenandoah Health District Director, presented COVID-19 data for Waynesboro and Augusta County, showing a downward trend as outlined by Council member Hostetter. The presentation included the impact of the virus on vaccinated versus unvaccinated citizens. She then presented an acknowledgement to Mr. Gary Critzer for his tireless efforts and experience he brought to the public/private partnership.

The City Manager then presented a resolution of acknowledgement to Dr. Kornegay for her direction of the Central Shenandoah Health District:

RESOLUTION OF RECOGNITION (R21-22) Whereas Dr. Laura Kornegay M.D. has served as the Director of the Virginia Department of Health Central Shenandoah Health District since 2015 and; Whereas Dr. Kornegay has strived throughout her tenure to develop strong relationships and partnerships with Local Governments, School Systems, Healthcare systems, and other community organizations and agencies and; Whereas Dr. Kornegay and the CSHD staff has conducted planning, training, and exercises with regional partners such as vaccination point of dispensing training and pandemic influenza exercises and; Whereas Dr. Kornegay, throughout the pandemic, has made herself consistently available for consultation on issues related to exposure, isolation, quarantine, vaccinations, surge, and many other issues related to the pandemic and; Whereas Dr. Kornegay’s leadership and direction throughout the COVID-19 pandemic has been exemplary and critical to addressing the many issues that the COVID pandemic has created and; Whereas Dr. Kornegay, is a graduate of the University of Virginia School of Medicine and is board certified in internal medicine and holds a Master of Public Health degree, spent twenty-five years in private practice and academics and is a veteran of the United States Navy where she served as a physician. Now therefore be it resolved that the Council of the City of Waynesboro does hereby recognize

Dr. Laura Kornegay M.D. for her years of service to the City of Waynesboro and the Central Shenandoah Health District and wishes her well on her pending retirement. IN WITNESS WHEREOF, I, Bobby Henderson, Mayor, do hereby set my hand, and cause the seal of Waynesboro to be affixed, this 25th day of October, 2021.

BOBBY HENDERSON, MAYOR CITY OF WAYNESBORO, VIRGINIA


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COMMISSIONER OF THE REVENUE ACCREDITATION The Commissioner of the Revenue made a presentation regarding the full accreditation she and her deputies received from the Virginia Commissioner of the Revenue Association. The distinction of being accredited solidifies their professionalism, high training, ethics and superior customer service. She acknowledged the high work of the previous Commissioner of the Revenue, and her staff, Christopher Musarro, Kimberly Bradley, Sharon Masincup, and Bettie Richardson. The mayor acknowledged the hard word and dedication of the Commissioner and staff.

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PUBLIC HEARING – REZONING PORTIONS OF NORTH AVENUE, NEW HOPE ROAD, AND OHIO STREET The Planning Director made a presentation regarding a request by the Planning Commission to rezone certain parcels of North Avenue, New Hope Road and Ohio Street from H-B (Highway Business) to L-B (Local Business). The presentation included a plat of the area, current zoning, the proposed rezoning that will allow for smaller scale commercial uses and will allow residential uses by right including single-family detached duplexes. This will also match the Comprehensive Plan. Council member Hostetter confirmed that if rezoned, none of the existing parcels will become non-conforming. The public hearing was opened at 7:30 p.m. With no one signed up to speak, the public hearing was closed. Council member Short moved to introduce the ordinance REZONING NUMEROUS PROPERTIES, EAST OF NORTH POPLAR AVENUE, ALONG PORTIONS OF NEW HOPE ROAD, OHIO STREET, AND NORTH AVENUE FROM H-B, HIGHWAY BUSINESS, TO L-B, LOCAL BUSINESS. Having been seconded and with no further discussion, the ordinance will be considered again at the November 8, 2021 Regular Business Meeting.

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REZONE 1040 RESERVOIR STREET – SECOND CONSIDERATION/ADOPTION OF AN ORDINANCE

As noted in the amended agenda above, this item is tabled to November 8, 2021 Regular Business Meeting.

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CODE AMENDMENTS CHAPTER 14 ANIMALS As noted in the amended agenda above, this item is postponed to a January, 2022 Regular Business Meeting.

********** APPROPRIATION ORDINANCES Vice Mayor Williams moved to introduce and adopt the following ordinances:

a. $124,589 in funding from the Community Service Block Grant CARES Act funding and $277,693 in funding from the Commonwealth of Virginia Department of Social Services to the Community Action Partnership of Staunton, Augusta, and Waynesboro (CAPSAW) fund. (2021-81)

b. $10,000 of Virginia Tourism Corporation Marketing Leverage Grant to the General Fund. (2021-82) c. $2,000 donation from Soccer Organization of Charlottesville (SOCA) to the General Fund. (2021-

83)

Regular Business Meeting Monday, October 25, 2021

Unapproved Draft

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Having been seconded and with no further discussion, the ordinances were adopted 5:0:


********** COMMUNICATION, CORRESPONDENCE, AND CALENDAR The City Manager approved street closures as follows: November 13, 2021 – from 1:00 p.m. to 7:00 p.m., closure of a portion of Race Avenue from Short Street mid-block in association with a event sponsored by the Blue Ridge Children’s Museum; December 4, 2021 – the associated road closures traditionally required with the City’s Christmas Parade. The City Manager will begin briefing Council and the public with anticipated agenda items to better plan presentations and possible public hearings.

November 8, 2021: • Anticipated to hear regarding the City’s MS-4 Program. • Public Hearing – contemplated Charter amendments. • Update and possible action on the Opioid Settlement. • Update from Public Safety Offices. • Resume Council work sessions prior to regular business meetings. November 22, 2021: • Rezoning • Noise Ordinance proposed amendment. • American Rescue Plan Act Fund. • Phase III of the Greenway update.

For informational purposes and in response to citizen concerns expressed at the October 25, 2021 Council meeting, Police Captain J.W. Oliver provided information on efforts taken by the Police Department. At Council’s request, Captain Oliver provided incident numbers and responses during the past three years concerning the Riverside area.

********** CITIZEN COMMENT PERIOD Jamie Harris, Waynesboro: there are more important concerns to address than roosters and chickens. Craig Scott, Waynesboro: concerned about water quality and supports the elimination of adding fluoride. Terry Kent, Waynesboro: concerned about merging traffic on Hopeman Parkway near West Main St. Amber Lipscomb, Waynesboro: provided her input on the proposed animal ordinance and roosters. Curt Lilly, Waynesboro: opposed to the proposed amendments to the animal ordinance regarding roosters and chickens. Wayne Nolde, Waynesboro: the proposed Greenway Trail Phase III will have a negative effect on parking. Evelyn Cotton, Waynesboro: proposed using grant funding for pedestrian safety rather than on the Greenway Phase III. Kim Williams, Waynesboro: opposed to the proposed plan for Greenway Phase III to continue on a road involving traffic mixing with pedestrians.


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********** ADJOURN Having no further business to discuss, Council member Allen moved to adjourn the meeting. Having been seconded and with no objections, the meeting was adjourned 5:0 at 8:17 p.m.:


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____________________________________ ******* _______________________________ Julia Bortle, MMC, Clerk of Council Lana Williams, Vice Mayor

Waynesboro City Council Agenda Briefing

Meeting Date: November 8, 2021 Staff/Council Member(s):Michael Hamp, City ManagerAgenda Item # 6 b

Resolution#

Department: City Manager’s Office

Subject: Boards and Commissions

HISTORICAL COMMISSION

Council is asked to consider appointing Ms. Erika Smith to the Historical Commission for a four-yearterm ending August 31, 2025.

ITEM 6 (b)


Meeting Date: November 8, 2021 Staff/Council Member(s): Michael Hamp, City Manager Agenda Item # 6 c

Resolution# Department: City Manager’s Office Subject: Boards and Commissions LIBRARY BOARD OF TRUSTEES

Due to the resignation of Dr. Amy Tillerson-Brown, Council is asked to consider appointing Mr. Jabriel Tyler to the Library Board of Trustees an unexpired four-year term ending August 31, 2022.

ITEM 6 (c)

ORDINANCE NUMBER 2021-

AN ORDINANCE REZONING NUMEROUS PROPERTIES,

EAST OF NORTH POPLAR AVENUE ALONG PORTIONS OF NEW HOPE ROAD, OHIO STREET, AND NORTH AVENUE,

FROM H-B, HIGHWAY BUSINESS, TO L-B, LOCAL BUSINESS WHEREAS, upon application, the Planning Commission of the City of Waynesboro, Virginia, requested that the parcels listed below located east of North Popular Avenue along portions of New Hope Road, Ohio Street, and North Avenue, be rezoned from H-B (Highway Business) to L-B (Local Business);

WHEREAS, public hearings were held by the Waynesboro Planning Commission and City Council pursuant to notice thereof as required by Section 98-7.4.5 of the Waynesboro City Code and Sections 15.2-2204 and 15.2-2205 of the Code of Virginia, both as amended; and

WHEREAS, it appears that the proposed rezoning is consistent with good zoning practice, is justified by the public necessity, convenience, and general welfare, and is in accord with the Comprehensive Plan of the City;

NOW, THEREFORE BE IT ORDAINED by the Council of the City of Waynesboro, Virginia, that:

1. The parcels listed below are hereby rezoned from H-B (Highway Business) to L-B (Local Business) in accordance with the application (#21-012) and the staff report dated September 21, 2021, which is attached hereto and incorporated herein as Exhibit 1.

Tax Map No. Address Tax Map No. Address

35-6-4A, 5 1216 North Ave 35-9-33 1125 New Hope Road 35-6-3, 5 1200 North Ave 35-9-32 1121 New Hope Road 35-6-2 1157 Ohio Street 35-9-31 1117 New Hope Road 35-6-1 1100 North Ave. 35-9-30 1113 New Hope Road 35-2-19 1142 New Hope Road 35-9-29 1109 New Hope Road 35-2-18 1138 New Hope Road 45-14-28 1105 New Hope Road 35-2-17 1145 Ohio Street 45-14-27 1101 New Hope Road 35-2-16 1128 New Hope Road 45-14-26 1029 Ohio Street 35-9-40 1149 New Hope Road 45-14-25 1025 Ohio Street 35-9-39, 38 1145 New Hope Road 45-14-24 1021 Ohio Street 35-9-37 1141 New Hope Road 45-14-23 1017 Ohio Street 35-9-36 1137 New Hope Road 45-14-22 1013 Ohio Street 35-9-35 1133 New Hope Road 45-14-21 1009 Ohio Street 35-9-34 1129 New Hope Road

ITEM 6 (d)

2. The City Manager, or his designee, is authorized to take all actions reasonably necessary to effectuate and carry out the purpose of this Ordinance, including, without limitation, execution of such documents as are reasonably necessary to rezone this property.

3. This Ordinance shall take effect immediately upon adoption by the City Council.

INTRODUCED: October 25, 2021 by Council member Terry Short, Jr. ADOPTED: November __, 2021 EFFECTIVE: November __, 2021

CERTIFICATE

The undersigned Mayor and Clerk of the City Council of City of Waynesboro, Virginia hereby certify that the foregoing constitutes a true and correct copy of an ordinance entitled An Ordinance Rezoning Numerous Properties, East of North Poplar Avenue Along Portions of New Hope Road, Ohio Street, and North Avenue, from H-B (Highway Business) to L-B (Local Business) adopted by the City Council at a meeting held on November __, 2021. [SEAL]

******** CLERK MAYOR


Meeting Date: November 8, 2021 Staff/Council Member(s): Michael Hamp, City Manager Cameron McCormick, Assistant City Manager

Agenda Item # 6e Ordinance# N/A Department: City Manager’s Office and Finance Department Subject: FY2023 Budget Calendar

Background:

The City Charter Section 5.2 outlines the required schedule for the submittal of the School Board’s Budget, the City Manager’s Budget, for public hearings related to the budget, and adopting ordinances for tax rates and the annual budget. The budget calendar conforms to the statutory schedule. Staff developed the calendar to allow adequate time to develop the City Manager’s budget and provide the City Council with the necessary time to review and approve the annual appropriation ordinance.

The proposed calendar reduces the number of work sessions before the City Manager’s Budget presentation from three to two and increases the opportunity for post-presentation work sessions by one. The calendar also plans for adoption one meeting earlier than usual.

City Manager’s Recommendation: The City Manager recommends that the Council acknowledge and approve the proposed budget calendar.

Suggested Motion(s): Acknowledge and approve the Fiscal Year 2023 budget calendar as proposed.

Attachments: FY2023 Budget Calendar

ITEM 6 (e)

Monday, November 8, 2021 Regular Council Business Meeting –

Adopt budget calendar

Wednesday, November 10, 2021 Distribute budget instructions to departments and Community Service Agencies

Monday, November 15, 2021 Distribute instructions for Capital Improvement Projects

Tuesday, December 14, 2021 City Council Retreat

Friday, December 17, 2021 Capital Project requests due

Friday, December 31, 2021 Department budget requests due

January 2021 CIP Committee meetings

January & February 2022 Departmental Budget Meetings

February 2022 CIP to Planning Commission (tenative)

Wednesday, January 27, 2021 Council Budget Work Session (Priorities)

Wednesday, February 10, 2021 Council Budget Work Session (Revenues)

Monday, March 28, 2022 Last meeting at which Superintendent of Schools can submit the School Board'srecommended FY23 budget to City Council

Friday, March 25, 2022 Called Council Budget Work Session

City Manager budget presentation (10AM)

Tuesday, April 5, 2022 Hold as needed Council Budget Work Session

Council Work Session (6pm)

Tuesday, April 12, 2022 Hold as needed Council Budget Work Session

Council Work Session (6pm)

Council Call for all necessary public hearings

Friday, April 16, 2021 Advertisements for public hearings

Monday, April 25, 2022 Regular Council Business Meeting

Public Hearing - Utility Rate Ordinances (if necessary)

Public Hearing - Cemetery rates ordinance (if necessary)

Public Hearing - Tax Rates

Public Hearing - Budget

Introduction of all necessary Ordinances

Monday, May 9, 2022 Regular Council Business Meeting

Adopt all necessary Ordinances

City Council Budget Calendar for 2023 Annual Budget

ORDINANCE NUMBER 2021-

AN ORDINANCE REZONING 1040 RESERVOIR STREET,

TAX MAP NO. 47-1-215-5, FROM RG-5, GENERAL RESIDENTIAL, TO R-MF, MULTIFAMILY RESIDENTIAL

WHEREAS, upon application of Jacob Turner, owner, requesting that the property located at 1040 Reservoir Street, Tax Map Number 47-1-215-5, be rezoned from RG-5, General Residential, to R-MF, Multifamily Residential;

WHEREAS, public hearings were held by the Waynesboro Planning Commission and City Council pursuant to notice thereof as required by Section 98-7.4 of the Waynesboro City Code and Sections 15.2-2204 and 15.2-2205 of the Code of Virginia, both as amended; and

WHEREAS, it appears that the proposed rezoning is consistent with good zoning practice, is justified by the public necessity, convenience, and general welfare;

NOW, THEREFORE BE IT ORDAINED by the Council of the City of Waynesboro, Virginia, that:

1. The property located at 1040 Reservoir Street, Tax Map Number 47-1-215-5, is hereby rezoned from RG-5, General Residential, to R-MF, Multifamily Residential, in accordance with the application (#21-009), the staff report dated July 20, 2021, which is attached hereto and incorporated herein as Exhibit 1, and the applicant’s signed proffer letter dated ________, submitted voluntarily by the applicant in accordance with Va. Code § 15.2-2303.4, which is attached hereto and incorporated herein as Exhibit 2.

2. The City Manager, or his designee, is authorized to take all actions reasonably necessary to effectuate and carry out the purpose of this Ordinance, including, without limitation, execution of such documents as are reasonably necessary to rezone this property or effectuate the purpose of this Ordinance.

3. This Ordinance shall take effect immediately upon adoption by the City Council.

INTRODUCED: September 13, 2021 by Council member Sam Hostetter ADOPTED: EFFECTIVE:

ITEM 7


Meeting Date: November 8, 2021 Staff/Council Member(s): Melisa Michelson, City Attorney

Agenda Item # 8 Ordinance Department: City Attorney Subject: Public Hearing – City Charter Amendments

Background: The attached Resolution sets forth suggested changes to the City Charter:

1. Amend the date of the general elections from May to November; 2. Amend to clarify a ward-based residency requirement for both Council and

School Board members; 3. Amend to clarify ward-based voting for both Council and School Board

members; 4. Amend the applicable July dates to January dates to reflect the new election

cycles; and 5. Amend the term options from 1 year to 2 years for Charter employees.

Recently, the Virginia General Assembly enacted two new provisions relating to elections that require changes to the way the City of Waynesboro conducts elections, particularly Council and School Board elections. First, pursuant to Section 15.2-1400(E), effective January 1, 2022, all local elections shall be held at the time of the November general election for terms to commence January 1. As Waynesboro currently holds its general elections in May, Waynesboro will be moving to a November general election. The City Charter language will need to be amended from May to November to reflect the changes required by Virginia law. As the general election will move from May to November, elected officials will be taking office January 1. As such, the dates in the Charter needed to be amended to reflect the new start dates for officials. Second, pursuant to Section 15.2-1400(F), effective January 1, 2022, in a locality that imposes district-based or ward-based residency requirements for members of the governing body, the member elected from each district or ward shall be elected by the qualified voters of that district or ward and not by the locality at large. Currently, Waynesboro’s Charter requires the ward-based residency requirement for School Board but not Council members, while maintaining at-large voting. Staff recommends that Council and School Board ward residency be consistent. The recommended amendments clarify that both Council and School Board members shall reside in and be elected from the Ward they represent.

ITEM 8

The last recommended change provides Council with flexibility in Charter employee appointments. Charter employees include the City Manager, Clerk of Council, City Attorney, and City Assessor. Currently, the Charter limits Charter employees’ terms of employment to one-year appointments. The recommended amendment changes Council’s options to allow for making a two-year appointment if desired.

City Manager’s Recommendation: Review the Resolution and make the City Attorney aware of any preferred changes.

Suggested Motion(s): None at this time.

Attachments: Draft Resolution

RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF WAYNESBORO, VIRGINIA REQUESTING THE VIRGINIA GENERAL ASSEMBLY AMEND CERTAIN

ARTICLES OF THE WAYNESBORO CITY CHARTER

WHEREAS, pursuant to Section 15.2-1400(E), effective January 1, 2022, all local elections shall be held at the time of the November general election for terms to commence January 1;

WHEREAS, City Council members are elected in May and the City Charter states that persons elected to Council shall take office July 1 of the year in which they are elected;

WHEREAS, pursuant to Section 15.2-1400(F), effective January 1, 2022, in a locality that imposes district-based or ward-based residency requirements for members of the governing body, the member elected from each district or ward shall be elected by the qualified voters of that district or ward and not by the locality at large;

WHEREAS, the City needs to amend its Charter to conform to the amendments in Virginia law;

WHEREAS, the City Charter has a ward-based residency requirements for School Board members;

WHEREAS, the City Charter does not have ward-based residency requirements for City Council members;

WHEREAS, the City desires to have consistent ward-based residency requirements for both City Council and School Board members;

WHEREAS, the City Charter states that both the City Council and School Board members shall be voted at large;

WHEREAS, on November 8, 2021, the City of Waynesboro, held a duly noticed public hearing in accordance with Code of Virginia § 15.2-202 concerning the proposed amendments to the City’s Charter;

WHEREAS, the City Council considered the comments from and desires of the public at the November 8, 2021 public hearing and further discussed the proposed amendments;

WHEREAS, the City Council has incorporated the public’s input into the proposed Charter amendments;

WHEREAS, after careful consideration, the City Council has decided that the proposed amendments as set forth below reflect the desires of the public, are appropriate, and will be a benefit to the City, and the City Council would like to proceed with amending its Charter; and

WHEREAS, the City Council desires to request that the General Assembly amend the City’s Charter as set forth below;

NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Waynesboro, Virginia, respectfully requests that the General Assembly of the Commonwealth of Virginia amend the City Charter as follows:

1. Repeal Article 3.2. of the City Charter in its entirety and replace it with the following:

§ 3.2. - Composition and election of council; vacancies.

(a) The council shall consist of five (5) members, who shall be one of whom shall be a resident of Ward A, one a resident of Ward B, one a resident of Ward C, one a resident of Ward D, and one member at large who may be a resident of any ward, voted at large, whose term of office, except as hereinafter fixed, shall be for the term of four (4) years. The at large member shall be elected by the qualified voters at large, and the 4 ward members shall be elected only by the qualified voters of their respective ward. At the municipal election held in 20062022, and every four (4) years thereafter, two (2) council members shall be elected, one from each ward having a council member whose term is expiring, who shall serve for a term of four (4) years and thereafter until their successors shall have been elected and qualified. At the municipal election held in 20082024, and every four (4) years thereafter, three (3) council members shall be elected, one from each ward having a council member whose term is expiring, and one member-at-large, who shall serve for a period of four (4) years and thereafter until their successors have been elected and qualified. Municipal elections shall be held and conducted at the time and in the manner provided for by general law. The persons elected shall take office January July1 of following the year in which they are elected.

(b) Vacancies in the council shall be filled within thirty (30) days, for the unexpired terms, by a majority vote of the remaining council members except as otherwise provided by general law.

2. Repeal Article 3.4. of the City Charter in its entirety and replace it with the following:

§ 3.4. Organizational rules; election of mayor.

(a) The city council shall assemble for an organizational meeting at its first

regular session in July 2022, and, effective January 2023, in January each year for the purposes set forth in § 15.2-1416 of the Code of Virginia, at which time the newly elected council members, after first having taken oaths prescribed by law, shall assume the duties of the office. Thereafter, the council shall meet at such times as may be prescribed by ordinance or resolution, except that they shall regularly meet not less than once each month. The mayor, any member of the council, or the city manager may

call special meetings of the council at any time (on at least twelve (12) hours’ written notice), with the purpose of said the meeting stated therein, to each member served personally or left at such member's usual place of business or residence. No business other than that mentioned in the call written notice shall be considered at such meeting, except upon the consent of no fewer than four-fifths (4/5) of the members of the council.

(b) All meetings of the council shall be public except, if otherwise authorized

by general law. Any citizen may have access to the minutes and records thereof at all reasonable times.

(c) The council shall elect one of its members as chairmanmayor, who shall be ex officio mayor chair of all meetings, and one of its members as vice mayor, who shall be ex officio vice chair.

(d) The mayor shall be elected by the council for a term of two (2) years and shall preside at meetings of the council and perform such other duties consistent with the office as may be imposed by the council. The mayor shall have a vote and voice in the proceedings, but no veto. The mayor shall be the official head of the city but shall have no jurisdiction or authority to hear, determine, or try any civil or criminal matters. In times of public danger or emergency, the mayor, or during the mayor's absence or disability, the city manager, may take command of the police and maintain order and enforce the laws, and for this purpose, may deputize such assistant police officers as may be necessary. During absence or disability, except as above provided, the city manager's duties shall be performed by another member appointed by the council. The mayor shall authenticate by signature such instruments as the council, this Charter, or the laws of the state shall require.

(e) On the day of the first regular meeting in July January following the regular municipal election and organization of the council, or as soon thereafter as may be practicable, the council shall elect a city manager, city clerk, city attorney, city assessor, and such other officers as may come within their jurisdiction, each of whom shall serve at the pleasure of the council, provided that the council may elect the city clerk, city manager, city attorney, city assessor, and such other officers for terms of up to twoone years each, beginning July January 1, 2023, subject to removal by the council for cause, and in no event shall the council elect any officer for a term extending beyond June December 30 next succeeding each regular biennial municipal election for members of the council.

3. Repeal Article 4.1. of the City Charter in its entirety and replace it with the

following:

§ 4.1. - Vesting of executive and administrative powers of city; appointment, term

and compensation of city manager.

The administrative and executive powers of the city, including the power of appointment of officers and employees, are vested in an official to be known as the city

manager, who shall be appointed by the council each year on July January 1, or as soon thereafter as practicable, for a term of not exceeding one two years, unless sooner removed by the council upon proven charges preferred for malfeasance or misfeasance, neglect of duty, or incompetency. The city manager shall receive such compensation as shall be fixed by the council and shall devote all time to the business of the city.

4. Repeal Article 6.1. of the City Charter in its entirety and replace it with the

following:

§ 6.1. - School board; generally.

(a) The school board shall be composed of five (5) members, to be elected from the qualified voters of the city at large, one of whom shall be a resident of Ward A, one a resident of Ward B, one a resident of Ward C, one a resident of Ward D, and one member at large who may be a resident of any ward. The at large member shall be elected by the qualified voters at large, and the 4 ward members shall be elected only by the qualified voters of their respective ward. Their terms shall be for four (4) years until their successors have been elected and qualified, except that all elections to fill vacancies shall be for the unexpired term.

(b) At the municipal election held in 2006 2022 and every four (4) years thereafter, two (2) school board members shall be elected for terms of four (4) years, one from each ward from which a council member is simultaneously elected to a full term. At the municipal election held in 2008 2024 and every four (4) years thereafterward, three (3) city school board members shall be elected for terms of four (4) years, one from each ward from which a council member is simultaneously elected to a full term. Municipal elections shall be held and conducted at the time and in the manner provided for by state law. The persons elected shall take office on July January 1 of following the year in which they are elected.

(c) Vacancies on the school board shall be filled within thirty (30) days, for the unexpired term, by a majority vote of the remaining school board members until an election can be held in accordance with general state law.

(d) Any person qualified to vote in the city shall be eligible to be a member of the school board.

(e) Compensation for school board members shall be as prescribed by law.

(f) The organizational meeting of the school board shall take place on each July January 1, or as soon thereafter as may be practicable.

(g) The school board shall be a body corporate under the designation, "Waynesboro School Board," by which name it may sue and be sued, contract and be contracted with, and purchase, take, hold, lease, and

convey school property, both real and personal. The title to all public school property within the corporate limits of the city shall be vested in the Waynesboro School Board. By mutual consent of the school board and the council of the city, the title to the school property may vest in the city.

BE IT FURTHER RESOLVED by the Council of the City of Waynesboro that:

1. The City Manager and the City Attorney are hereby authorized to take all actions that are reasonable and necessary to effectuate the Charter amendments.

This Resolution will take effect immediately upon its adoption.

Adopted: November 8, 2021

CERTIFICATE

The undersigned Mayor and Clerk of the City Council of the City of Waynesboro, Virginia hereby certify that the foregoing constitutes a true and correct copy of a resolution entitled Resolution of the City Council of the City of Waynesboro, Virginia Requesting the Virginia General Assembly Amend Certain Articles of the Waynesboro City Charter, adopted by the City Council at a meeting held on November 8, 2021. A record of the roll-call vote by the City Council is as follows:

NAME

AYE

NAY

ABSTAIN

ABSENT

Robert W. Henderson, Mayor

Lana Williams, Vice Mayor

Bruce E. Allen

Terry R. Short, Jr.

Samuel A. Hostetter

Date: November 8, 2021

ATTEST: ____________________________[SEAL] ___________________________[SEAL] Clerk, City Council Mayor, City Council City of Waynesboro, Virginia City of Waynesboro, Virginia

RESOLUTION

RESOLUTION APPROVING OF THE CITY’S PARTICIPATION IN THE PROPOSED SETTLEMENT OF OPIOID-RELATED CLAIMS AGAINST

MCKESSON, CARDINAL HEALTH, AMERISOURCEBERGEN, JANSSEN, AND THEIR RELATED CORPORATE ENTITIES

WHEREAS, the opioid epidemic that has cost thousands of human lives across the country also impacts the City of Waynesboro, Virginia (the “City”) by adversely impacting the delivery of emergency medical, law enforcement, criminal justice, mental health and substance abuse services, and other services by the City’s various departments and agencies;

WHEREAS, the City has been required and will continue to be required to allocate substantial taxpayer dollars, resources, staff energy and time to address the damage the opioid epidemic has caused and continues to cause its citizens;

WHEREAS, the City has filed suit against McKesson, Cardinal Health, AmerisourceBergen, and Janssen Pharmaceuticals, along with certain of their related corporate entities for their role in the distribution, manufacture, and sale of the pharmaceutical opioid products that have fueled the opioid epidemic that has harmed the City;

WHEREAS, the City’s suit seeks recovery of the public funds previously expended and to be expended in the future to abate the consequences and harms of the opioid epidemic;

WHEREAS, settlement proposals have been negotiated that will cause McKesson,

Cardinal Health, AmerisourceBergen, and Janssen to pay up to $26 billion nationwide to resolve opioid-related claims against them;

WHEREAS, the City’s outside opioid litigation counsel has recommended that the City

participate in the settlements in order to recover its share of the funds that the settlement would provide; and

WHEREAS, the City Attorney has reviewed the available information about the proposed settlements and concurs with the recommendation of outside counsel; NOW THEREFORE BE IT RESOLVED by the City Council of Waynesboro that:

1. the City’s participation in the proposed settlement of opioid-related claims against McKesson, Cardinal Health, AmerisourceBergen, Janssen, and their related corporate entities is hereby approved; and

2. the City Manager, City Attorney and/or the City’s outside counsel are hereby authorized and directed to execute the documents necessary to effectuate the City’s participation in the settlements, including the required release of claims against settling entities, the terms of any settlement agreement, and this Resolution.

Adopted this __ day of November, 2021.

CERTIFICATE

The undersigned Chair and Clerk of the City Council of City of Waynesboro, Virginia hereby certify that the foregoing constitutes a true and correct copy of a resolution entitled Resolution Approving of the City’s Participation in the Proposed Settlement of Opioid-Related Claims against McKesson, Cardinal Health, AmericourceBergen, Janssen, and their Related Corporate Entities, adopted by the City Council at a meeting held on November __, 2021. Date: November __, 2021 [SEAL] ATTEST: ________________________________ ______________________________ Clerk, City Council Mayor, City Council City of Waynesboro, Virginia City of Waynesboro, Virginia