MINUTES REGULAR COUNCIL MEETING TUESDAY, FEBRUARY 24, 2015 TOWN HALL – 6:00 P.M. Council Members: Kyle Fletcher-Mayor Kenneth Holbrook Greg Bailey Tim Boardwine Harry Kelly Jason Kilgore Monty Salyer Debora Baca – Clerk/Treasurer Bo Phillips – Police Chief Earl Carter – Public Works Director The meeting was called to order by Mayor Fletcher at 6:05 p.m. Mayor Fletcher asked for approval of the agenda. Ms. Baca asked to add two items under New Business that have come up since the agenda was sent out. Bids have been received on the trucks and spreaders that were advertised, so approving the low bid needs to be added. Also, she asked to add approval of the Grievance Procedure Resolution for the 504 Compliance as related to the IRF and ARC grants for the Willis Building. Councilman Bailey asked to add “Old Generator” as Item #8 under Old Business. A motion was made by Councilman Holbrook to accept the agenda as amended. The motion was seconded by Councilman Boardwine and unanimously approved by a roll call vote. Under Public Request, St. Paul citizen Gene Wright addressed the Council regarding the motor vehicle section of the property maintenance ordinance. Mr. Wright received a warning citation for having an untagged vehicle. He told council members that he disagrees with the ordinance because his vehicles are not on the street, but on his own private property. However, Mr. Wright stated his willingness to work with the town since this ordinance has already been passed. He asked if it would meet with town approval if he built a privacy fence to enclose the vehicle so it could not be seen. Councilman Kelly said he has looked at the property and these trucks cannot even be seen from the street. They are located approximately 80-100 feet off of the roadway. Councilman Kelly expressed his approval of Mr. Wright’s proposal for a privacy fence since the vehicles could not be seen if enclosed by the fence. Councilman Salyer said he does not believe there is anything that would prohibit him from doing a privacy fence, but he would need to check with the Wise County Building Inspector, Robert Mullins. Councilman Boardwine said he went by the property and couldn’t see anything from the street. Councilman Salyer said the junk car issue is out of control and it does need to be enforced. He further explained the need to have such an ordinance in order to protect all property rights. Councilman Salyer thanked Mr. Wright for showing enough concern to offer a resolution. Since this resolution seems acceptable to everyone, Mayor Fletcher said the matter will be considered resolved if Mr. Wright contacts Robert Mullins for guidance on building the privacy fence. MINUTES REGULAR COUNCIL MEETING TUESDAY, FEBRUARY 24, 2015 PAGE II Mayor Fletcher made the following announcements: 1) The trailer has been removed from the Patton property in South St. Paul and Robert Mullins has been working with him to complete the cleanup project. 2) Due to the bad weather conditions, the engineer and the town attorney will not be attending tonight. 3) Rob Jones is still working with the parties interested in the Willis Building. 4) Mayor Fletcher provided tile flooring samples to be considered for the council chambers 5) The new light poles approved for the front of the town hall have been ordered 6) Due to the weather, Mayor Fletcher was unable to get any estimates on sidewalk repairs as requested at the last meeting. 7) The electrical containment building at the new wastewater plant has been completed 8) Mayor Fletcher said the town has responded to a constant stream of calls as a result of the extreme weather conditions. The town roads, alleys, and fire lanes have been kept clean. The maintenance crew has operated around the clock for nearly a week to keep the streets cleared and to provide water to our residents and to Dominion. The police department has also been responding to emergency requests. They have supported VDOT, Wise County, and Russell County involving traffic and emergency situations. Under severe cold conditions, the Honey Branch area had a frozen tank and pump station. The water department was able to complete repairs very quickly and those residents now have water. Our water department had to deal with some early issues, but we have been able to keep water flowing to Dominion. Having well trained people and the new equipment we have purchased over the past two years was a tremendous help in handling situations like this bad weather. Ms. Baca added that Russell County Emergency Management called early to offer shelter assistance to anyone without power during the extremely cold temperatures. Mayor Fletcher and council members expressed their appreciation to the town employees for their efforts. A motion was made by Councilman Holbrook to approve the January minutes as presented. The motion was seconded by Councilman Kilgore and unanimously approved by roll call vote. Under the Consent Agenda, Chief Bo Phillips asked the Council to consider a request to share in the cost for a new fingerprinting machine for Russell County, the State Police, and the towns located in Russell County, including St. Paul. The current machine is going down and a new one cost approximately $40,000. The Town of Lebanon has committed $10,000 and a request has been sent to the Town of Honaker. Chief Phillips said the county uses it a lot more than the towns, but he believes the county should pay half and the towns split the other half. Councilman Holbrook said we certainly couldn’t buy a machine with a cost like that, noting that it is admirable that they have allowed us to use theirs. There was a lengthy discussion about the actual cost of the machine, when it will be purchased, how much the town should contribute, where we would get the funds from if it is required in this budget year, and what kind of commitment Russell County would make to the Town for continued access to the equipment. Chief Phillips tried to contact someone in Russell County to get more details about the cost and MINUTES REGULAR COUNCIL MEETING TUESDAY, FEBRUARY 24, 2015 PAGE III planned purchase date. Chief Phillips recommended the Town contribute $5,000 toward the fingerprint machine. . A motion was offered by Councilman Holbrook to accept the Consent Agenda. The motion was seconded by Councilman Boardwine and unanimously approved. Old Business: Mayor Fletcher addressed Item #2 to wait for Chief Phillips to return before discussing Item #1. Two estimates for tiling the carpeted area of the council chambers were provided by Mayor Fletcher. He also had tile samples and asked council members for feedback regarding their preference. The lowest bid was submitted by Big M Carpets in the amount of $5,757.00. After looking at the tile samples, Councilman Kelly made a motion to go with the darker wood look tile included in the lower estimate. The motion was seconded by Councilman Kilgore. Councilman Kelly said he would like to add that this project be funded in the 2015-16 budget. Councilman Salyer asked if this should be referred to the Beautification Committee. Councilman Kelly said the committee members have already looked at the samples and agree with his motion. Mayor Fletcher called for the vote and the motion carried unanimously. Chief Phillips returned to the meeting. Russell County is trying to get $7,000 from the town police departments and the state police toward the fingerprinting machine. Councilman Salyer asked that this item be referred to the Budget Committee for consideration in the upcoming budget year. Councilman Bailey asked Chief Phillips to get the exact cost and expected purchase date before the next meeting and moved that this matter be placed on the March agenda. The motion was seconded by Councilman Holbrook and passed unanimously. Chief Phillips presented a spreadsheet showing the First Responder training costs for officers would be between $4,576.00 and $6,865.00, depending on if they were training on regular shifts or on overtime. If the Council accepts the department recommendation to increase pay for officers that become certified, that would increase the total salaries about $4,250.00. He expressed the importance of having officers trained as first responders. When you have a life threatening event, every minute could make a difference and officers are typically the first arriving on the scene. Even if a trained responder arrives just a few minutes before an emergency crew, it could be enough to make a difference. Mr. Carter said each set of equipment would cost approximately $3500 each. He checked into moving the equipment from one vehicle to another and he thinks we will be able to do that. He said the Fire Department has one set already and he will be glad to equip another Fire Department vehicle. Right now, the Fire Department has 4 EMT’s and 2 paramedics. Mr. Carter said he is qualified to teach this program, and he will be glad to do the training. There were several questions and further discussion about the cost and the number of vehicles to equip. Councilman Salyer inquired about the minimum and maximum cost. Ms. Baca said, according to the numbers in the spreadsheet, it should cost no less than $11,500 and no more than $14,000 to implement the program and equip two vehicles. Mr. MINUTES REGULAR COUNCIL MEETING TUESDAY, FEBRUARY 24, 2015 PAGE IV Carter said it will take time to get the class scheduled and we could look at splitting the cost across two budget years. A motion was made by Councilman Salyer to proceed with the efforts to begin the First Responder Program. The question is how to pay for it. Mayor Fletcher said there will also be ongoing costs. The motion was seconded by Councilman Boardwine. Councilman Holbrook said he agrees with the proposal to give an officer who becomes certified a pay increase because we are asking them to take on a big responsibility. Councilman Salyer asked the Treasurer what line item we could use to appropriate the money for the equipment in this year’s budget. Ms. Baca said she and Chief Phillips looked at some line items, and there isn’t any in the police department, but there are line items out of administration that can be transferred to the police department equipment. Councilman Salyer asked the Treasurer to look for funds to purchase the equipment in this budget year and we could begin the training in July. Ms. Baca said she will reallocate $7,000 from another line item and present that as part of the adjusted budget for the public hearing in March. Councilman Salyer added to his motion that the Treasurer will recommend how to allocate the money for equipment in March. Councilman Boardwine agreed and the motion carried by unanimous vote. Mr. Carter had to leave the meeting, so he addressed Item #8 under Old Business. Councilman Bailey asked if we have made any decision about the old generator from the sewer plant. Mr. Carter said Mr. Jessee, from Castlewood, will be coming to test the generator Upon inquiry by Ms. Baca, Mr. Carter said he looked at the sewer user agreement that is on the agenda and he is okay with it. Councilman Kelly asked Chief Phillips to address his concerns about a motion approved by Council a couple of months ago regarding a Wise County request to handle all cases involving Wise County Schools through Wise County courts. Councilman Bailey said it was a similar issue to approving Wise County Housing Authority cases be taken to Wise County courts. This was just a request by Wise County to have any matters concerning cases involving Wise County Schools be heard in a Wise County Court. Chief Phillips said he will do whatever the Council decides, but just wanted to express that he is against this decision because all other cases are taken to Russell County courts. It would be inconvenient and he believes it is confusing to treat some cases differently than others. Councilman Bailey said he was approached by Dr. Perry and Mr. Evans, asking for the same consideration that has been given to the Wise County Housing Authority. Councilman Salyer pointed out that Robert’s Rules does not allow a motion to be reconsidered unless it is at the same meeting the motion is passed. Mayor Fletcher said Chief Phillips is just speaking about the decision and explaining his position. Mayor Fletcher said a motion can be reconsidered. There was further discussion about all of our cases being handled in Russell County. Councilman Salyer said when the Council decided to allow the police department to take cases to Russell County, the motion included an exception for cases from Wise County Housing Authority property. However, he is not making an issue if that is not being done. Mayor Fletcher said the motion was passed unanimously and if the Council decides to discuss this further, it can be done when the attorney is present to address the procedure. A MINUTES REGULAR COUNCIL MEETING TUESDAY, FEBRUARY 24, 2015 PAGE V motion was made by Councilman Holbrook to remove this item from the table. A second was offered by Councilman Boardwine and the motion carried unanimously. Councilman Salyer moved to donate $1,000 to the Clinch River Festival this year, and asked that the Budget Committee consider a $3,000 donation for the next budget year. The motion was seconded by Councilman Boardwine. Councilman Holbrook asked if the $3,000 is for consideration or a motion to include it as a line item. Councilman Salyer clarified that he is asking the Budget Committee to review the $3,000 request for next year and a $1,000 to be appropriated at this time. Mayor Fletcher called for the vote and the motion passed unanimously. Councilman Salyer expressed his concern about allowing violations of the Property Maintenance Code concerning junk cars. He pointed out that the warning tickets are not on the police report, but we are not doing anything about those who ignore the warnings. Ms. Baca said the ordinance says the violation will be handled by the Building Maintenance Official. Councilman Bailey said it is difficult to enforce the ordinance if you have Councilman getting involved. Chief Phillips said he tries to work with people on these types of issues and commented on the cooperation in Mr. Wright’s case. Councilman Salyer elaborated on uniform enforcement, saying that the town cannot pick and choose when to enforce ordinances. Councilman Kelly said the ordinance may need to be amended. Chief Phillips advised that the property owner is the person getting the citation, not the vehicle owner. Mayor Fletcher said the town will continue to issue warnings for everyone in violation, and we may have to take further steps for enforcement. After discussion about what is considered compliance, Councilman Salyer said he does not believe the Council has reached a point where they are ready to enforce this ordinance across the board, therefore, he offered a motion to remove this from the table. The motion was seconded by Councilman Holbrook and passed unanimously. Ms. Baca reviewed the proposed lease agreement between the Town of St. Paul and St. Paul Tomorrow for the pool building upstairs rooms. This is a lease that was approved by Ms. Hensley for the caboose. The only difference is the insurance clause. With the caboose, Clinch River Adventures is responsible for their own insurance, and in this lease, the Town will be responsible for liability and property insurance. She further stated that VML has been contacted for an insurance certificate naming St. Paul Tomorrow as “Additional Insured”. A motion was made by Councilman Holbrook, seconded by Councilman Kilgore, to approve the lease, with the correction of one typo. Councilman Bailey asked if St. Paul Tomorrow could sub-lease the rooms for parties. Councilman Salyer said he believes we are giving them permission to use the rooms for any type of fundraising events. .Ms. Hensley has asked for the year the pool was placed in service in order to address Councilman Salyer’s question regarding ADA compliance. Ms. Baca said she will try to find the date for her. Mayor Fletcher called for the vote and the motion was unanimously approved. Councilman Holbrook announced that the first bingo fundraiser for the Lyric Project is scheduled to be held on March 7th. MINUTES REGULAR COUNCIL MEETING TUESDAY, FEBRUARY 24, 2015 PAGE VI Last year, Councilman Bailey tabled the idea of a float tax until February, 2015. He has talked with Terri Ann Funk and she does not have a problem with a float tax. With the increase in the number of people floating, a $2.00 float tax could bring in as much as $120,000 in tax revenue if her business continues to grow at the current rate. Councilman Bailey made a motion to table this item until next month, asking everyone to be considering this idea. Councilman Salyer offered a substitute motion to table and instruct the Town Attorney to research this and report to us in March on how we would proceed and implement such a tax. The motion was seconded by Councilman Bailey and unanimously approved. New Business: Ms. Baca said the Sewer User Agreement has been approved by Rural Development, but it must be approved by Council before using it. After reviewing the Sewer User Agreement template for the West Hills Sewer Project, a motion was made by Councilman Holbrook to approve the Agreement. The motion was seconded by Councilman Boardwine and approved by unanimous vote. Considering attendance at the Wise County Gala, Councilman Salyer said he believes we need to be supportive of both our counties. A motion was made by Councilman Bailey to purchase a table at the Wise County Chamber Gala in the amount of $700. Those wishing to attend should notify Ms. Baca as soon as possible. The motion was seconded by Councilman Kilgore and passed unanimously. It will be held on April 11th at the UVA Wise Convocation Center. The next item is a request for support of the Tri-State Horse Show for the Castlewood Christian Academy. Several council members expressed concern about donating to a private school. It was pointed out that the attorney previously advised that the Town could not donate to a private dance studio and other private requests. The issue died from lack of a motion. A motion was made by Councilman Kilgore, seconded by Councilman Boardwine, to donate $200 to St. Paul Elementary School for March Reading Month. The motion passed unanimously. Ms. Baca read the bids received on the two Dodge trucks and the two spreaders recently advertised. The total of high bids on all of the equipment is $1,706. A motion was made by Councilman Salyer to accept the high bids on each item. The motion was seconded by Councilman Kilgore and carried unanimously. A motion was made by Councilman Holbrook to adopt the Grievance Procedure Resolution regarding 504 Compliance. A second was offered by Councilman Kilgore and the motion carried by unanimous vote. MINUTES REGULAR COUNCIL MEETING TUESDAY, FEBRUARY 24, 2015 PAGE VII There being no further business, a motion was made by Councilman Kelly to adjourn. The motion was seconded by Councilman Holbrook and passed unanimously. Mayor Fletcher adjourned the meeting. ___________________________ Mayor _____________________________ Clerk