Lebanon Town Council Regular Monthly Meeting Town Hall, Lebanon, Virginia Monday, April 4, 2022 5:001 P.M.  Council Members Present:  Nelson A. "Tony" Dodi, Mayor DeAnna C. Jackson, Vice- Mayor A.Doyle Fields, Council Member Scott. J. Gilmer, Council Member Mary J. Stanley, Council Member M. Elijah Leonard, Council Member W. Bradley Lambert, Council Member Andrew R. Shortt, Town Manager Kevin D. Tiller, Town Attorney A. Diane Nunley, Clerk of Council Richard Eric Deskins, ChiefofPolice  Staff Members Present:  I. II. III. IV.  The meeting was called to order by Mayor Dodi.  Prayer: JeffTalent Pastor Lebanon United Memorial Methodist Church  Pledge of Allegiance Edit for items not on the agenda:  Mr. Gilmer requested to add under Old Business Broadband Expansion. Mr. Leonard requested to add Personnel to Executive Session. Mr. Lambert requested to add under New Business Upon motion made by Ms. Stanley, seconded by Mr. Leonard, the agenda as amended was unanimously approved. The vote was as follows: Ms. Jackson, Aye; Mr. Fields, Aye; Mr.  Lebanon Youth Basketball.  Gilmer, Aye; Ms. Stanley, Aye; Mr. Leonard, Aye; Mr. Lambert, Aye. Edit and approve minutes from the 03/07/22 regular council meeting.  V.  Upon motion made by Mr. Lambert, seconded by Ms. Stanley, the minutes from the 03/07/22 regular council meeting was unanimously approved. The vote was as follows: Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Gilmer, Aye; Ms. Stanley, Aye; Mr. Leonard, Aye; Mr. Lambert,  Aye.  VI. Approve accounts payable and capital assets for the month of March:  Upon motion made by Mr. Gilmer, seconded by Mr. Fields, the accounts payable for the month ofMarch was unanimously approved. The vote was as follows: Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Gilmer, Aye; Ms. Stanley, Aye; Mr. Leonard, Aye; Mr. Lambert, Aye.    VII.  Recognition  Mayor Dodi presented James "Jim" Baldwin aj plaque for his 50 years of service at Cumberland Upon motion made by Ms. Jackson, seconded by Mr. Gilmer, the Town Council unanimously voted to approve the resolution for James "Jim" Baldwin as presented. The vote was as follows: Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Gilmer, Aye; Ms. Stanley, Aye; Mr. Leonard Aye; Mr. Mayor Dodi presented Ms. Sara Stoots a certificate for Lebanon High School winning the 2022 Class 1 VHSL State Forensics Championship. Mayor Dodi presented the following certificates to  Plateau. Mr. Baldwin expressed his appreciation to the Town Council.  Lambert, Aye.  the Lebanon High School 2022 Class 1 VHSL State Forensics Champions:  Brianna Johnson Ellen Sautters Carter Dillon Madison Huffman Emma Martin Emmitt Breeding Cheyenne Ball Kendra Horn Brionna Potts Gracie Ford  State Champion Original Oratory State Champion Serious Duo State Champion Serious Duo State Runner-Up Storytelling State Runner-Up Prose State Runner-Up Impromptu State Runner-Up Serious Duo State Runner-Up Serious Duo 3rd Place Serious Dramatic Interpretation 3rd Place Humorous Interpretation  VIII. Public Request:  Mr. Jerry Stinson expressed his appreciation for the Town Council's donation to help Elite Grappling kids participate at the State Wrestling Championship. He advised that seven kids participated at the State Wrestling Championship which they all did well. Mr. Stinson presented a Debbie Milton with Cumberland Plateau Planning District Commission advised that the Town of Lebanon recently received a $500,000 ARC Grant for renovation oft the Russell Theater. She advised that she needed approval by the Town Council to authorize Mayor Dodi to sign for the Administrative Agreement and Non-Discrimination Policy plus she requested that the Town Council approve to authorize Mayor Dodi to sign any other documents that might be needed to Upon motion made by Mr. Fields, seconded by Mr. Lambert, the Town Council unanimously voted to approve for Mayor Dodi to sign the Non-Discrimination Policy and Administrative Agreement as presented. The vote was as follows: Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Upon motion made by Mr. Leonard, seconded by Ms. Stanley, the Town Council unanimously voted to approve for Mayor Dodi and Andrew Shortt to sign necessary documents for the completion oft the contract for the. ARC Grant. The vote was as follows: Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Gilmer, Aye; Ms. Stanley, Aye; Mr. Leonard, Aye; Mr. Lambert, Aye.  Thank You Card and pictures of each kid that participated.  get under contract with ARC.  Gilmer, Aye; Ms. Stanley, Aye; Mr. Leonard, Aye; Mr. Lambert, Aye.    Hannah Long stated that she is a member ofCWA which is the union at AT&T. She advised that they are having an informational picnic concerning bargaining for a new contract with AT&T because they haven'thad ai raise since 2017. She requested the Town Council's support if they  see them picketing out in Town. Enter closed session: 5:301 P.M.  IX.  A. Upon motion made by Mr. Leonard, seconded by Mr. Lambert, the Town Council unanimously voted to go into closed session under Code Section 2.2-3711(A)(7) for the purpose to discuss a legal matter with the Town Attorney. The vote was as follows: Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Gilmer, Aye; Ms. Stanley, Aye; Mr. Leonard, Aye;  Mr. Lambert, Aye.  B. Upon motion made by Mr. Gilmer, seconded by Mr. Fields, the Town Council  unanimously voted to: return to regular session. The vote was as follows: Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Gilmer, Aye; Ms. Stanley, Aye; Mr. Leonard, Aye; Mr.  Lambert, Aye.  C. A. Diane Nunley, Clerk of Council, presented the Roll Call Vote:  Virginia Code, 1950, Section 2.2-3712(D)  Dos you certify that to the best ofs your knowledge, (1) the Town Council in its' closed session; only discussed public business matters lawfully exempted from open meeting requirements under this Chapter and (2) that only such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed, or considered in the meeting by the Town Council. Any member of the Town Council who believes that there was a departure from the requirements of clauses (1)a and (2), shall SO state prior to the vote, indicating the substance of the departure that, in their The roll call vote was as follows: Mayor Dodi, Aye; Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Gilmer, Aye; Ms. Stanley, Aye; Mr. Leonard, Aye; Mr. Lambert, Aye; Mr. Shortt,  judgment, has taken place.  Aye; Mr. Tiller, Aye. Adjourn closed session: 5:48P.M. Recess: 5:50P.M. Resume: 6:00P.M. Public Hearing:  X. XI. XII. XIII.  Amendments to Section 21-Zoning    Planning Commission Members Present: Tim Coleman, Vice-Chairman R. D. Snead, Member DeAnna Jackson, Member Leonard Kegley, Member Andrew R. Shortt, Member Planning Commission Members Absent J.S. Easterly, Jr., Clerk  A. The Town Council recessed from regular session, 6:02 P.M. B. Mr. Coleman opened the Public Hearing: 6:02 P.M.  C. Ms. Nunley read the proposed amendments to section 21-zoning.  D. David Coleman located at Donald C. Moore Drive advised that he is in support of the amendments to the zoning. He stated that currently on Viers Court there is a trailer sitting there. He is concerned about the wind safety of an unsecured trailer in the neighborhood. Mr. Coleman requested how long the Town will allow the trailer to sit  there?  E. Mr. Snead stated his concerns as a Planning Commission member as well as a realtor. He advised that al blanket restriction would allow consideration for any type of mobile home in al R-1 Zoning. He advised that allowing mobile homes in certain location would add income to the Town. Mr. Snead stated that a citizen having several acres of land and desiring toj place ai mobile home they should be able to apply for a conditional use permit to do SO. He stated that he would like to allow citizens to be able tol least apply for  conditional use permit to place mobile homes in R-1 Zoning.  F. Mr. Shortt stated that in a R-2. Zoning a mobile home/manufactured home is allowed by conditional use permit which gives that blanket for the citizens. He advised that in a R-1 Zoning it is not permitted now: for citizens to even request a conditional use permit to place ai mobile home or manufactured home sO really nothing is changed just clarifying  the language.  G. Mr. Coleman advised that if you allowed someone with several acreage to place ai mobile home/manulactured home in a R-1 Zoning but would not allow someone with a small lot to place ai mobile home/manufactured home on their lot they would be classified as discrimination. Mr. Coleman advised that he recommended amending the R-1 Zoning as  presented. variance.  H. Mr. Gilmer advised that to Mr. Snead's concerns a citizen can apply for a zone change or    XIV. Mayor Dodi closed the public hearing, 6:17 P.M. XV. The Town Council returned to regular session, 6:17P.M.  XVI. Upon motion made by Mr. Gilmer, seconded by Mr. Leonard, the Town Council unanimously voted to approve the Amendments to Section 21-Zoning as presented. The vote was as follows: Ms.. Jackson, Aye; Mr. Fields, Aye; Mr. Gilmer, Aye; Ms. Stanley, Aye; Mr. Leonard, Aye; Mr.  Lambert, Aye. XVII. Public Request  Robbie Martin stated that he received a letter concerning the nuisance ordinance concerning his dad's] property. He stated that his father passed away and he had surgery therefore he had not been able to clean up the property. Mr. Tiller, Town Attorney advised that the Judge awarded the Town to clean up the property according to the nuisance ordinance with the Town's expense to be added to the property tax. Mr. Martin requested the Town Council give him eight months up toa year for him to bring the property up to the Town's Nuisance Ordinance. Mayor Dodi advised that the Town Council will speak with Mr. Tiller for legal counseling and get an answer tol Mr. Ms. Svitlana Boyd expressed her appreciation for the Town ofLebanon supporting her Country  Martin regarding the property.  Ukraine and she requested the Town continue praying for them.  XVIII. New Business  esolation-Cumberland Plateau Regional Housing Authority  Mayor Dodi advised that this resolution is ini regard to the C-Prop Application.  Upon motion made by Mr. Lambert, seconded by Ms. Stanley, the Town Council unanimously voted to approve the Cumberland Plateau Regional Housing Authority Resolution as presented. The vote was as follows: Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Gilmer, Aye; Ms. Stanley,  Aye; Mr. Leonard, Aye; Mr. Lambert, Aye. Resolution-USDA Grant for Police Vehicle  Mayor Dodi advised that in order to apply for the USDA Grant foral Police Vehicle this  resolution needed to be approved by the Town Council.  Upon motion made by Ms. Jackson, seconded by Mr. Leonard, the Town Council unanimously voted to approve the USDA Grant Resolution as presented. The vote was as follows: Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Gilmer, Aye; Ms. Stanley, Aye; Mr. Leonard, Aye; Mr.  Lambert, Aye. Lebanon Youth Basketball  Mr. Lambert advised that he would like to present the Town Council a' Thank You Plaque on behalfofLebanon Youth Basketball for their support. He advised that Lebanon Youth Basketball  had a successful year with 278 kids participating.    XIX. Town Managers Report  Mr. Shortt advised that hel had received a contract for Nathan Brown. Mr. Brown has the construction documents ready for the Town Employees to start working on the green space at the Russell Theater. Mr. Shortt advised that anytime you disturb over 10,000 square foot ofdirt that itcalls for an erosion and sediment control plan which requires an Engineer Firm. He stated that the price ofl Nathan Brown's construction documents is $2,250, then the cost for the erosion and sediment control plan is $4,000. The Town Council approved for Mr. Shortt to sign the contract with Nathan Brown but split the projects up therefore there would be no need for an erosion and sediment control plan. Mr. Gilmer stated that he would like to proceed with Mr. Brown at the Mr. Shortt advised that hei is working on a GIS Mapping System for the Town which it includes water, wastewater and zoning. He advised that most ofthe GIS was already finished by the Lane Group when they did the SSES for the Town. He stated that text my gov can be integrated into Mr. Shortt advised that Southwest Virginia Community College has started inj person classes at the government center. The College has requested to hang some banners near the government center. Mr. Shortt suggested from the Fire Department up to Wendy's and from C-Health down to Wendy's would be good to place the banners. Ms. Stanley requested the size of the banners. Mr. Leonard requested that the Shop each month provide a daily log sheet oft the maintenance  principal rate for basic services.  the GIS system.  they do each day and hours perj job.  XX. ChiefofPolice Report  Chief Deskins presented the monthly Police Report. ChiefDeskins expressed the Police Officers appreciation for their new vest that was purchased with funds from the grant that Mr. Shortt recommended. Mr. Leonard expressed his appreciation for the Police Officers presence on  Donald C. Moore because oft the speeding.  XXI. Town Attorney Report  Mr. Tiller advised that he had nothing to report to the Town Council at this time.  XXII. Enter closed session: 7:53 P.M.  A.  Upon motion made by Mr. Gilmer, seconded by Mr. Leonard, the Town Council unanimously voted to go into closed session under Code Section 2.2-3711(A)0)0)7) for the purpose of personnel, acquisition or sale of property and legal issues. The vote wasas follows: Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Gilmer, Aye; Ms. Stanley, Aye; Mr.  Leonard, Aye; Mr. Lambert, Aye.    B. Upon motion made by Ms. Jackson, seconded by Mr. Gilmer, the Town Council  unanimously voted to return to regular session. The vote was as follows: Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Gilmer, Aye; Ms. Stanley, Aye; Mr. Leonard, Aye; Mr.  Lambert, Aye.  C. A. Diane Nunley, Clerk ofCouncil, presented the Roll Call Vote:  Virginia Code, 1950, Section 2.2-3712(D)  Do you certify that to the best of your knowledge, (1) the Town Council in its' closed session; only discussed public business matters lawfully exempted from open meeting requirements under this Chapter and (2) that only such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed, or considered in the meeting by the Town Council. Any member oft the Town Council who believes that there was a departure from the requirements of clauses (1) and (2), shall sO state prior to the vote, indicating the substance oft the departure that, in their The roll call vote was as follows: Mayor Dodi, Aye; Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Gilmer, Aye; Ms. Stanley, Aye; Mr. Leonard, Aye; Mr. Lambert, Aye; Mr. Shortt,  judgment, has taken place.  Aye; Mr. Tiller, Aye.  XXIII. Adjourn closed session: 8:30P.M. XXIV. Committee Reports  Broadband Expansion  Mr. Gilmer advised that approximately $400,000 ARPA Funds was set aside for broadband expansion. Mr. Gilmer presented an update concerning the meeting with Point Broadband. He stated that it wasn'tjust the cost estimate they discussed, they discussed scope oft the project as well as items the council has discussed before. Mr. Gilmer advised that the scope of work meets the Town's project requirements. He advised that they discussed the construction timeline, which was outlined in the proposal, Mr. Puckett quoted 60-days that he would need post executed contract to get started but then five-month completion which is still inline with the proposal. Mr. Gilmer advised his concerns was funding, but Mr. Puckett agreed that no payment would be due until the Town receives the second round of ARPA funds. He stated that the final number after negotiations is $504,850. Mr. Leonard advised that by having two Broadband providers within the Town creates competition. Mr. Leonard advised that Mr. Puckett did state that the Town could Upon motion made by Mr. Gilmer, seconded by Mr. Leonard, the Town Council unanimously voted to go under contract with Point Broadband for the Town ofLebanon broadband expansion project providing Mr. Tiller review the contract and authorize the Mayor or Town Manager to The roll call was as follows: Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Gilmer, Aye; Ms. Stanley,  pay upon competition.  sign the agreement.  Aye; Mr. Leonard, Aye; Mr. Lambert, Aye.    XXV.  Adjourn: 8:481 P.M.  Upon motion made by Mr. Lambert, seconded by Mr. Leonard, the Town Council unanimously voted to adjourn. The vote was as follows: Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Gilmer,  Aye; Ms. Stanley, Aye; Mr. Leonard, Aye; Mr. Lambert, Aye.  h XohyBt Nelson A. "Tony" Dodi, Mayor  0.Paw P A. Diane Nunley, Clerk of Council'  Minutes recorded by: A. Diane Nunley, Clerk of Council Minutes prepared by: A. Diane Nunley, Clerk of Council