MINUTES OF TOWN COUNCIL BUCHANAN, VA August 11, 2014 Mayor Hall called the August meeting to order at 7:45 p.m. Treasurer Tina Kingery took roll call with all Council members present. Mayor Hall had an open prayer. Following the prayer a moment of silence was held and all that were present stated the Pledge of Allegiance. The first item of business was approval of the minutes for the July 2014 Council meeting. Councilwoman Della Hylton made a motion of acceptance. The motion was seconded by Councilwoman Ardelia Smith. Mayor Hall asked if there was any discussion regarding the minutes from the July Council meeting. Councilman Ed Tolley stated at the past meeting, he had requested from Field Manager Heath Brogan with Engineering Concepts Inc a percentage of completion of the water line distribution upgrade project and he did not see that percentage in the minutes. Treasurer Tina Kingery made a note of it and would have Clerk Amanda Aaron review the minutes and make necessary changes to the July Council minutes. Next, Town resident Wayne Adkins stated the July Council minutes regarding the Gazebo Reward money were incorrect. Mr. Adkins stated the reward money amount voted on was $1,000.00 and the July Council minutes stated the reward amount was $500.00. Mayor Hall stated the minutes would be reviewed and necessary changes would be made to the minutes as well as the reward posters throughout Town. Mayor Hall asked Council if all were in favor of approval of the July Council minutes with the mentioned changes. The motion was passed with a vote of 7-0 with all Council members present in favor of approval of the July Council minutes with the mentioned changes. The next item of business was approval of the Financial Report for July 2014. Councilwoman Della Hylton made a motion of acceptance. The motion was seconded by Councilwoman Ardelia Smith. The motion was passed with a vote of 7-0 with all Council members present in favor of the Financial Report for July 2014. The next item of business was approval of the unpaid bills. A motion of acceptance was made by Councilwoman Della Hylton. The motion was seconded by Councilwoman Ardelia Smith. Mayor Hall asked if anyone had questions regarding the unpaid bills. Councilman Ed Tolley had a couple of questions regarding what some of the vendors do including Montvale Construction, USA Bluebook, and VA Resource Authority. Mayor Hall explained to Councilman Ed Tolley what each vendor does. The motion was passed with a vote of 7-0 with all Council members present in favor of paying the unpaid bills. 1 Next, Field Manager Heath Brogan with Engineering Concepts Inc stated to Councilman Ed Tolley that he is currently working on his Excel document with a percentage of completion of the water line upgrade project that he requested at the July Council meeting. Mr. Brogan stated he is working on a change order for the VDOT line extension. Mr. Brogan stated the change is a $260,000.00 change that would also require a 60 day change in the schedule as well. Mr. Brogan stated once that is thru VDH and RD that will allow a better acquisition of time because of the 60 day extension. Mr. Brogan stated the current pay application is at 48%, and the estimated completion is at 40%. Mr. Brogan gave an update on the USDA/RD Water Line Distribution Upgrade Project. Mr. Brogan stated there were a couple of sections of main that required research to get the pressures up to the operating standard on 20th Street and Chenault Street. Mr. Brogan also stated 1 crew scheduled to begin work on Main street had to be pulled to fix a severe leak on 15th Street. Mr. Brogan stated work continues on Rte. 11 towards VDOT. Mr. Brogan stated that the main on 3rd Street had been laid from Rte. 11 to Fairview and down Fairview. Next, Mayor Hall reported on the Southview Lift Station. Mayor Hall stated that completion of the Southview Lift Station is at about 70%, and should be complete by the end of next week. Mayor Hall stated the Rte. 43 lift station is completed and up and running well. Next, Mayor Hall gave an update on the Bray lawsuit. Mayor Hall stated at the July Council meeting that a court date was scheduled for August 1, 2014 to decide whether the lawsuit would be dismissed or proceed to trial. Mayor Hall stated on August 1, 2014 Mrs. Bray appeared before the Federal Judge without legal Council, and argued that she should be allowed to defend herself without having legal Council. Mayor Hall stated the Federal Judge allowed both sides to present their argument. Mayor Hall stated the Judge stated that he would let both sides know his decision in 2 weeks as to whether the case would be dismissed or proceed to trial. Next, Mayor Hall asked Council to entertain a motion regarding the Ordinance for the election of the Mayor and Town Council members at the November General Election, the staggering of the terms of Council members and the reduction in the number of Town Council members to 4 as written. Councilman Ed Tolley made a motion of acceptance. The motion was seconded by Councilwoman Diane DiPalma. Councilwoman Ardelia Smith made a motion for an amendment to the ordinance to have the number of Council members remain at 6 instead of 4. The motion was seconded by Councilwoman Jane Kneisley. Treasurer Tina Kingery took a roll call vote. Councilwoman Jane Kneisley-yes Councilwoman Diane DiPalma-no Councilman Ed Tolley-no Vice-Mayor Sarah Boblett-no Councilwoman Della Hylton-yes Councilwoman Ardelia Smith-yes Mayor Larry Hall-no The motion for the amendment to remain at 6 Council members instead of 4 was rejected with a vote of 4-3. 2 Next, Vice-Mayor Sarah Boblett made a motion for an amendment to the Ordinance to have the terms of Council members to remain at 2 years. The motion was seconded by Councilwoman Della Hylton. Treasurer Tina Kingery took a roll call vote. Councilwoman Jane Kneisley-yes Councilwoman Diane DiPalma-no Councilman Ed Tolley-no Vice-Mayor Sarah Boblett-yes Councilwoman Della Hylton-yes Councilwoman Ardelia Smith-yes Mayor Larry Hall-no The motion for the amendment to have the terms of Council members remain at 2 years was passed with a vote of 4-3. Next, Town Attorney Joe Obenshain stated that Council needed to vote on the ordinance as amended and read the amended ordinance to Council to clarify the amendments made to the ordinance. A roll call vote was taken by Treasurer Tina Kingery to accept the ordinance as amended. Councilwoman Jane Kneisley-yes Councilwoman Diane DiPalma-yes Councilman Ed Tolley-yes Vice-Mayor Sarah Boblett-yes Councilwoman Della Hylton-no Councilwoman Ardelia Smith-no Mayor Larry Hall- yes The motion to accept the amended Ordinance was passed with a vote of 5-2. Next, Mayor Hall reported he had received a quote from C&J Heating in the amount of $4,200.00 for exhaust fans for the warehouse on Lowe Street. Mayor Hall stated the quote consisted of 1 exhaust fan on one side of the building and a vent on the other side of the building. Mayor Hall stated he would like to get a few more quotes for the exhaust fans. Next, Mayor Hall reported that the Town received Governmental pricing for the generator ordered from Fidelity Power Systems saving the Town about $350. Mayor Hall stated the total cost of the generator was $30,900.00. Mayor Hall stated due committee changes, there were no awards to present this month. 3 Next, Mayor Hall asked if there were any citizens wishing to comment on any issues not listed on the agenda. Town resident Eric Falls wished to speak about the Gauge Lock. Mr. Falls asked what the status of the Gauge Lock was. Mayor Hall stated at this time the Town is trying to receive grants to restore the Gauge Lock back to the way it was in the 1800’s. Mayor Hall stated the weather and numerous Town events have prohibited the Town from resuming work on the Gauge Lock. Mayor Hall stated that the Town has a certain amount of money that is appropriated for the Gauge Lock, and that digging will resume soon. Next, Town resident Charlotte Krantz asked Council if a new business comes to Town if it has to be brought before the Planning Commission Committee. Downtown Revitalization Manager Harry Gleason stated a new business would only need to go before the Planning Commission Committee if it did not meet zoning requirements. Mr. Gleason stated the new business would need to go to the Town Hall and receive a Business License and a New Business Packet. Next, Mayor Hall stated there was a clerical error on the adopted water rates. Mayor Hall stated under the funding with USDA, the rate must be corrected, and that a Public Hearing would be held before the September Council meeting to discuss the water rate. Next, Downtown Revitalization Manager Harry Gleason reported on past events held in the Town including Odyssey Adventure Race held on July 18-20, 2014 and an Evening In Buchanan held on Friday, August 8th. Mr. Gleason reported on the Botetourt County Fair that was held on Friday, August 8, 2014 and Saturday, August 9, 2014. Mr. Gleason announced that the new spindles for the gazebo have arrived, and unfortunately do not match because the original company was having difficulties getting the replacement parts, so the Town went with another company. Next, Councilwoman Ardelia Smith expressed her concern about the appearance of the Town between Good Times Café coming into Town. Ms. Smith stated she believed should look into having the area cleaned up. Mayor Hall stated some of the properties in that stretch of Town are private properties. Mayor Hall stated he would check with Maintenance to see if they could get that part of Town cleaned up, or could find some volunteers to help with cleaning up that area. Next, Councilwoman Della Hylton asked when the next Town Clean-Up would be. Downtown Revitalization Manager Harry Gleason stated the clean-up date would either be the last Saturday of September or the 2nd Saturday of October. The next item of business was to hear Committee Reports. The Public Works Committee, Councilman Ed Tolley asked if anyone has knowledge of a situation involving Public Works, please come talk to him, or Mayor Hall. Next, the Public Safety Committee, Councilwoman Jane Kneisley reported on the speed bump placed in the alley between BB&T and Bank of Botetourt Operations Center. Mrs. Kneisley also reported at the corner of Rte 43 and Rte. 11 being overgrown. Mrs. Kneisley stated there is poor visibility when pulling off of Rte. 43 onto Rte. 11 due to this. Mrs. Kneisley stated she has spoken with VDOT, and they have agreed to clean it up. Mrs. Kneisley also reported a tree hanging down halfway in the road near Rabbit Run. Mrs. Kneisley stated she had spoken with Mike Hatcher of VDOT, and Mr. Hatcher will check to see if this is something that VDOT needs to take care of. Mrs. Kneisley also reported on the condition of the sidewalks on Boyd Street. Mrs. Kneisley stated that the sidewalks are buckled up and a mess and need to be replaced. Next, the Finance Committee, Councilwoman Diane DiPalma reported the cash audit was performed on Monday, August 11, 2014. Mrs. DiPalma stated there was a discrepancy with the cash drawer, but the discrepancy was found and followed up on and taken care of. 4 Next, the Planning Commission Committee, Councilwoman Della Hylton stated that in the past meeting, it was decided to table the vote to elect Mr. Joe Ryder to the Planning Commission Committee to allow time for any other interested citizens to come forward. Councilwoman Della Hylton stated no one else had come forward expressing an interest in the Planning Commission Committee, and wished to nominate Mr. Joe Ryder for the Planning Commission Committee. A motion of acceptance was made by Councilwoman Della Hylton. The motion was seconded by Councilwoman Diane DiPalma. The motion was passed with a vote of 7-0 with all Council members present in favor of electing Mr. Joe Ryder to the Planning Commission Committee. Next, the Events Committee, Vice-Mayor Sarah Boblett thanked everyone who came out and supported the Evening In Buchanan, and the Botetourt County Fair. Vice-Mayor Boblett stated the proposed 2015 date for the Evening In Buchanan would be August 14, 2015. Vice-Mayor Boblett stated the Events Committee is continuing to work on the calendar for 2015. Next, the Awards Committee, Councilwoman Ardelia Smith announced the new Awards Committee members. The Committee will consist of Councilwoman Ardelia Smith, Mr. Carson Scaggs, Mr. Mike Burton, and Mrs. Jessie Burton. Mrs. Smith asked if anyone was interested in participating in the Awards Program to please let her know. Next, Mayor Hall reported the Town had received a request from James River High School asking for permission to have the JRHS Homecoming Parade on Main Street, on Friday, October 24, 2014 at 5:00 p.m. Mayor Hall stated he would write a letter to VDOT asking permission for the street closure for the parade. Next, Councilwoman Diane DiPalma reported on the search for a Town Manager. Mrs. DiPalma stated the Town had received 24 applications. Mrs. DiPalma stated that the Town Manager Hiring Committee has had several meetings and have narrowed down the field of applications, and will begin interviewing chosen applicants this week. Next, Councilwoman Della Hylton made a motion of acceptance for Council to go into a closed session at 9:15 p.m. to discuss business and personal matters as per section 2.2-371 Section A1 of the code of Virginia as amended. The motion was seconded by Councilwoman Ardelia Smith. The motion was passed with a vote of 7-0 with all Council members present in favor of a closed session. Council returned at 10:00 p.m. Mayor Hall asked for a roll call vote that to the best of Council’s knowledge only public business matters exempt from open meeting requirements and only such matters as we had identified in the motion to go into closed session were heard or discussed or considered during closed session. A roll call vote was taken by Treasurer Tina Kingery. Councilwoman Jane Kneisley-yes Councilwoman Diane DiPalma-yes Councilman Ed Tolley-yes Vice-Mayor Sarah Boblett-yes Councilwoman Della Hylton-yes Councilwoman Ardelia Smith-yes 5 With no further discussion, Councilwoman Della Hylton motioned for adjournment. The motion was seconded by Councilwoman Jane Kneisley. The motion was passed with a vote of 7-0 with all Council members present in favor of adjournment. The meeting was adjourned at 10:05 p.m. Respectfully submitted, Tina M. Kingery, Treasurer aga 6