Town Council Minutes for 2004
July / August / September

MINUTES FOR JULY 6, 2004

Council Members Present: Marianna Farmer, Chester Gentry, Don Morgan, Tom Hayes and Lannis Greene, Mr. Lewis was present for short time

Creed Jones, Mayor
Toby Boian, Town Manager
Tonya Triplett, Clerk
Thomas Dene, Attorney

Mayor Jones called the meeting to order.

Mr. Jones led the Pledge of Allegiance and prayer.

Mr. Dene asks the minutes be amended as follows: the motion to go to closed session should read 2.2-3711 A7 Litigation for issuance of possible bonds and 2.2- 3711 A1 personnel regarding compliance with state tax law.

Mrs. Farmer motioned to approve the June minutes as corrected. 2nd by Mr. Hayes. (5-0).

Mr. Jones asks to deviate from the agenda and take up the bond resolution. Mr. Dene explained there were not enough votes at the special meeting in June to issue the bonds. Mr. Lewis is present for vote.

Mr. Lewis motioned to approve the bond resolution. 2nd by Mr. Gentry (3-2-1 Mrs. Farmer abstained. Motion fails). Resolution attached to minutes.

Committee Appointments
Mr. Hayes motioned to accept Mr. Jones” resignation on the Planning Commission. 2nd by Mrs. Farmer. (5-0).
Mayor asks Carolyn Henderson to recommend someone to serve on the Planning Commission.

Mr. Morgan motioned to approve Lawrence Lewis for Vice Mayor/President. 2nd by Mr. Hayes. (5-0).

A motion made by Mr. Morgan and 2nd by Mr. Hayes to appoint Lannis Greene to the Creeper Trail Club. (5-0).

A motion made by Mr. Hayes and 2nd by Mr. Greene to table the appointment to the Board of Zoning Appeals to replace Bill Rowe until next month. (5-0).

Mrs. Farmer motioned to approve Tim Williams’s reappointment to the Board of Zoning. 2nd by Mr. Greene (5-0).

Mr. Jones requested Council put out bids for the Town Attorney’s position. No motion was made.
Mr. Jones also requested the Clerk and Treasurer position be combined and apply the extra money toward a part-time parks and recreation position. No motion was made.

Mr. Morgan declined the chairperson for the sewer committee. Mr. Greene will be the chairperson of the sewer committee.

Mr. Greene motioned to reappoint John Henderson to the Health Center. 2nd by Mr. Morgan (5-0).
A motion made by Mr. Morgan and 2nd by Mr. Greene to table appointments to the Planning Commission until August Council Meeting. (5-0).

A motion made by Mr. Morgan for Phoebe Cartwright and Clarence Pruitt to serve on the Industrial/ Economic. 2nd by Mr. Hayes. (5-0).

A motion made by Mr. Greene and 2nd by Mr. Morgan to remove Trey Hardie and Joy Rowe from the Adam Committee.

A motion made by Mrs. Farmer and 2nd by Mr. Morgan for Lawrence Lewis to serve on the Emergency Response Committee.

A motion made by Mr. Morgan and 2nd by Mr. Hayes to dissolve the Inter-Agency Committee. (4-1).

A motion made by Mr. Greene and 2nd by Mr. Hayes for Don Morgan to serve on the Housing Committee. (5-0).

A motion made by Mrs. Farmer and 2nd by Mr. Morgan for Chester Gentry to replace Don Morgan on the Bayer Administrative Committee. (5-0).

Committee Reports

Budget, Finance and Administration- Mr. Morgan

Nothing to report

Street, Lights and Maintenance- Mr. Lewis
Mr. Lewis had to leave and no report was given.

Sewer, Water and Sanitation- Mr. Jones

DEQ says the inflow to the sewer plant is still too high and Mr. Boian informed council they are still working on several problems and that progress is being made.

Parks and Recreation – Mr. Hayes
Mr. Hayes reported July 4th celebration went well. He also reported that Trail Days made some money this year.

Planning Commission – Sharon Arnold
There was no planning commission meeting this month.

Police and Fire Advisory- Mr. Morgan
Mr. Morgan stated the grant for some police equipment has been approved and we should be getting the funds soon.

Special Committees

Adam Committee- Mrs. Farmer
Adam Committee minutes are in packets. Committee will announce the winner of the photo contest next month. Side Track Café has closed and there are two Adam computers available for businesses that are interested.

The 100-year celebration is going well and there will be a reception on July 11th at the Town Hall from 2:00-7:00. Anyone welcome to come and share his or her ideas and memories. Sunday will be dinner on the grounds. There will be a music festival on Saturday at Backer Park $8.00 per person. Friday night there will be an outdoor movie.

Mrs. Farmer motioned that the $6,000.00 in the budget for the celebration be available for their expenses. 2nd by Mr. Morgan. (5-0).

Citizens Comments

Mr. Duncan recommended a depot plaque be put up at the Gazebo.

Mrs. Arnold questioned the Fire Department loan. Mr. Dene explained there has to be a majority of the council to adopt the bond resolution and there were not enough votes to adopt.

Manager’s Report
Mock Hollow project going well and there are three more contracts. Mr. Boian is hoping to have the project closed out by the beginning of the year.

The lock on the bathhouse at Bayer property was defective and a locksmith was called to look at it. It was still under warranty; the contractor has agreed to pay for the lock and the service call for a total of $223.00.

Mr. Greene motioned to accept this amount for the lock. 2nd by Mr. Hayes (5-0).

The per-application to the Tobacco Commission with a purposed budget for the development for the Bayer Property has not been approved, but they are giving it favorable consideration. Preliminary estimates for marketing and engineering is $80,000.00 and the planning grant of $16,000.00 will be used for the local match.

Attorney’s Report

Mr. Dene will close the file on the bond resolution and ask bond council to send the final bill.

Consent Agenda
Mr. Hayes motioned to pay the bills. 2nd by Mrs. Farmer. (5-0).

Mr. Hayes motioned to adjourn. 2nd by Mrs. Farmer. (5-0).

Creed Jones, Mayor Tonya Triplett, Clerk


MINUTES FOR AUGUST 2, 2004

Council Members Present: Marianna Farmer, Chester Gentry, Don Morgan, Tom Hayes and Lannis Greene

Creed Jones, Mayor
Toby Boian, Town Manager
Tonya Triplett, Clerk
Thomas Dene, Attorney

Mayor Jones called the meeting to order.

Mr. Jones led the Pledge of Allegiance and prayer.

Mr. Hayes motioned to approve the July minutes as written. 2nd by Mr. Morgan. (5-0).

Mr. Morgan motioned to approve Tom Horsch, Carolyn Henderson, Johnny Blevins, Fred Surber, Susie Montgomery, Christian Markham, and Don Morgan. 2nd by Mr. Hayes. (5-0).

Mr. Hayes motioned Clarence Pruitt be placed on the Board of Zoning Appeals. 2nd by Mr. Gentry. (5-0).

September council meeting will be 2nd Monday of the month, 1st Monday is Labor Day.

Committee Reports

Budget, Finance and Administration- Mrs. Farmer

There will be a committee meeting Wednesday, August 4 at 7:30.

Street, Lights and Maintenance- Mr. Lewis
Mr. Gentry ask that a streetlight be installed at the corner of Garrett Funeral Home parking lot. 2nd by Mrs. Farmer. (5-0).

Mr. Greene motioned to table the discussion on the drain at Roger Milhorne’s until we get with the state department and see what their regulations are. 2nd by Mr. Gentry. (5-0).

There will be some work done on Rambo Street and Railroad Avenue.

Mr. Gentry has had complaints about horses on Main Street. He was informed we couldn’t do anything about them on the street.

Sewer, Water and Sanitation- Mr. Greene

No report

Parks and Recreation – Mr. Hayes
Mr. Hayes reported work on Trail Days has begun and they have started looking for sponsorship.

Police and Fire Advisory- Mr. Jones
Mr. Jones stated the police have been working on untagged cars.

Special Committees

Adam Committee- Mrs. Farmer
Adam Committee decided on the photo contest winners and they will be posted on the website and presentations will be done next month.

The 100-year celebration is going well and there will be an outdoor movie, car show, parade on Saturday, and dinner on the grounds on Sunday. The estimated income should be around $23,300.00.

Mrs. Farmer motioned that the budget for the celebration be extended to $14,000.00. 2nd by Mr. Hayes. (5-0).

Citizens Comments

Mrs. Grasselli asks for a list of people on the planning commission.

Manager’s Report
The bond resolution is the same except for the maturity date and the payment schedule. Mrs. Farmer motioned to adopt the bond resolution. 2nd by Mr. Hayes. (3-2).

Sewer project is ongoing and near completion. Portland Utilities is doing warranty work.

Two new houses will be started soon.

VDOT T21 is approved and there is $136,000.00 in state money available for the Beaver Dam Creek trail and bridge plus the town will have to put in 20%.

Solid Waste Plan is in clerk’s office for review.

Virginia Tobacco Commission is looking favorable at the proposal we submitted for the Bayer Property. They have asked that a revised application be submitted to include the engineering design, the actual design work for the water, sewer, road, pads and whatever else may be necessary. They also are asking for a marketing model and business plan. The town would be responsible for $8,000.00.

Mrs. Farmer motioned to adopt the resolution. 2nd by Mr. Gentry (2-2-1 Mr. Greene abstaining).

New

Mayor Jones asked council to support RAD class with a $100.00 donation. Mr. Hayes motioned to give $100.00. 2nd by Mr. Gentry. (5-0).

Mr. Gentry motioned to write a letter of recommendation to the IDA for Gary Reynolds to develop the property at the VFW. 2nd by Mrs. Farmer. (5-0).

Mr. Morgan requested closed session for personnel.

Attorney’s Report

Mr. Dene stated that AEP would not increase the wire charge for 2005.

Mrs. Farmer motioned to approve the fire departments request to have the town attorney to help them get a 501C tax-exempt status. 2nd by Mr. Gentry. (5-0).

Mr. Dene requested closed session for 2.2-3711 A7 litigation with possible amendment to Chapter 2 of the Town Code.

Consent Agenda
Mr. Hayes motioned to pay the bills. 2nd by Mrs. Farmer. (5-0).

Mr. Jones entertained a motion for closed session for 2.2-3711 A1 personnel and 2.2-3711 A7 Litigation with Counsel. Mr. Greene motioned for closed session. 2nd by Mr. Hayes. (5-0

Creed Jones, Mayor Tonya Triplett, Clerk

CLOSED SESSION MINUTES

A motion was made by Mr. Hayes and 2nd by Mr. Greene to go out of closed session. (5-0).

A motion to certify was made by Mr. Hayes and 2nd by Mr. Greene. (5-0).

A motion was made by Mr. Hayes and 2nd by Mr. Greene to initiate amendments to Chapter 2 of the Town Code. (5-0).

A motion was made by Mr. Greene and 2nd by Mr. Hayes to amend the agenda to permit a reconsideration of the bond resolution. (5-0).

Mr. Greene made a motion and 2nd by Mr. Hayes to reconsider and adopt the bond resolution. (5-0).

A motion was made by Mr. Morgan and 2nd by Mr. Greene to remove Richard White as police chief. 3-1-1 1 abstain 1 No).

A motion to adjourn was made by Mr. Hayes and 2nd by Mr. Greene. (5-0).


September 13, 2004

Present: Council Members- Marianna Farmer and Chester Gentry, Mayor Creed Jones, Clerk Tonya Triplett, Manager Toby Boian, Attorney Thomas Dene

Absent Council Members: Lannis Greene, Tom Hayes, Lawrence Lewis and Don Morgan

The meeting was called to order and the pledge and prayer was lead by the mayor.

U.S. Forestry Department addressed council about the budget cuts and staffing the information center at the Caboose. They will make a decision in the next few weeks.

Council questioned volunteers or cutting hours to 3 days a week.

Mr. Dene chose some of the most commonly used reasons for closed session and has prepared a reference of what is permissible. This will be in the next packets.

Mr. Dene drafted the amendments to the two ordinances discussed at the last meeting and will have them in the packets for the next meeting.

The inflow at the sewer plant is still much too high and there are about ten people who are not conforming to the requirements of the ordinance and are channeling roof run off and other water into the system. After discussion, there will be a cease and assist order issued to those folks giving them a certain time to bring themselves into compliance. If they do not comply, council should institute additional proceedings. There is a very serious problem with inflow.

Nothing is developing with the pump station at the Bayer Property. The service authority has some personnel with medical problems and have taken a leave of absence and have advised it will take awhile before anything else develops. The delay could cause us to have another public hearing before the property can be transferred to the service authority.

In packets is a memo from Mr. Dene regarding the bond council fees; the memo will be included in the next packet for discussion and action.

The council has discussed the regulations on the use of the recreational center that will be constructed on the Bayer Property. Mr. Dene advised that the Budget, Finance and Administrative Committee handle this issue and make a recommendation to council.

Mr. Dene will hold off on the tax-exempt status of the fire department until council decided how they want to structure that at the next meeting.

Mrs. Farmer thanked all the committee for their hard work on the centennial celebration. She also read a Certificate of Recognition from Governor Warner. The town also received a plaque from the Board of Supervisors.

The Mayor declared the meeting closed.

Mayor, Creed Jones Clerk, Tonya Triplett