Lebanon Town Council Regular Monthly Meeting Town Hall, Lebanon, Virginia Monday, December 12, 2022 4:001 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: Shawn Street Pledge of Allegiance Edit for items not on the agenda:  Upon motion made by Ms. Jackson, seconded by Mr. Leonard, the agenda was unanimously approved. The vote was as follows: Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Gilmer,  Ms. Aye;  Stanley, Aye; Mr. Leonard, Aye; Mr. Lambert, Aye.  V.  Edit and approve minutes from the 11/14/22 regular council meeting.  Upon motion made by Mr. Leonard, seconded by Mr. Lambert, the minutes from the 11/14/22 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 November:  Mr. Shortt requested to remove the Witmer Public Safety Group, Inc. charges in the amounts of $198.00, $328.00, and $655.31. Mr. Gilmer questioned ifMr. Shortt had reviewed the and Cintas invoices. Mr. Shortt advised that hel had reviewed them. Mr. Shortt stated Aramark Aramark invoices are reoccurring bathroom supplies and Cintas charges are for uniforms. that the Gilmer requested for Mr. Shortt to speak with Mr. Farmer to see ifthe Lebanon Recreation Mr. Center has enough stafft to take care of replacing the bathroom supplies themselves. Mr. Gilmer requested Mr. Shortt check about purchasing the uniforms rather than renting them.    Upon motion made by Mr. Gilmer, seconded by Mr. Fields, the accounts  for the month of Ms. Aye;  November with removing the Witmer Public Safety Group, Inc. charges was payable unanimously approved. The vote was as follows: Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Gilmer,  Stanley, Aye; Mr. Leonard, Aye; Mr. Lambert, Aye.  VII. Recognition  Mary Stanley Resolution  Mayor Dodi presented ai resolution plaque to Ms. Stanley for her service on the Lebanon Town Upon motion made by Mr. Leonard, seconded by Ms. Jackson, the Town Council voted to approve the resolution for Mary Stanley as presented. The vote was as follows: unanimously Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Gilmer, Aye; Ms. Stanley, Aye; Mr. Leonard,  Council.  Mr. Aye;  Lambert, Aye. Chris Kiser Resolution Lebanon Police Department.  Mayor Dodi presented a retirement resolution plaque to Chris Kiser for his  of service years  on the  Upon motion made by Mr. Lambert, seconded by Mr. Leonard, the Town Council voted to approve the resolution for Mary Stanley as presented. The vote was as follows: unanimously Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Gilmer, Aye; Ms. Stanley, Aye; Mr. Leonard, Aye; Mr.  Lambert, Aye. LHS Cross Country Team  Mayor Dodi presented certificates to recognize the Lebanon High School Team for being the 2022 Virginia High School League Group 1A Boys Cross Boys  Cross Country Country Champion.  The recognitions are as follows: Derek Mitchell Alec Deckard Eli' Taylor Carter Dillon Blake Chafin Ethan King Landon Hess Owen Jones Hunter King Gavin Tincher Colt Roberts  First Place Fifth Place Twelfth Place Fifteenth Place  Emmitt Breeding LHS Boys Cross Country Team Member  LHS Boys Cross Country Team Member LHS Boys Cross Country Team Member LHS Boys Cross Country Team Member LHS Boys Cross Country Team Member LHS Boys Cross Country Team Member LHS Boys Cross Country Team Member LHS Boys Cross Country Team Member    VIII. Public Hearing  Main Street Villas, LLC. Pursuant to Section 36-23 oft the code of  Town Council to adopt a resolution declaring the need for the Wise Virginia, 19501 for the Lebanon Housing Authority to exercise its powers in the Town ofLebanon for County the limited Redevelopment & issuing no more than 21 housing vouchers to Main Street Villas, LLC: for use in the purpose Main of Villas Development to be constructed on East Main Street in Lebanon, Virginia.  Street  A. Mayor Dodi opened the Public Hearing: 4:36 P.M.  B. Mr. Keith Viers, Executive Director for Cumberland Plateau Regional  advised that Wise County Redevelopment and Housing Authority have Housing Authority, vouchers for the Main Street Villas LLC. He stated that this resolution states twenty-one the need housing Main Street Villas housing project, plus it will allow for the Wise County and Housing Authority to exercise their powers to assist in low-income Redevelopment needs the Territorial boundaries oft the Town ofLebanon. He stated this is a revenue housing stream for within the  for the  project.  C. No one spoke in opposition.  IX. X.  Mayor Dodi closed the public hearing, 4:39) P.M. The Town Council returned to regular session, 4:39 P.M.  XI. Upon motion made by Mr. Gilmer, seconded by Mr. Leonard, the Town Council voted to authorize Wise County Redevelopment and Housing Authority to administer unanimously (21) vouchers for the Main Street Villas project because of the great need for income dwelling accommodations within the Town ofl Lebanon that is Cumberland Plateau Regional Housing Authority. The vote was as follows: being developed Ms. Jackson by Mr. Fields, Aye; Mr. Gilmer, Aye; Ms. Stanley, Aye; Mr. Leonard, Aye; Mr. Lambert, Aye. Aye;  twenty-one safe, sanitary low-  XII. Public Request:  Keith Viers-Project update and resolution  Mr. Viers thanked the Town Council for their support concerning the Main Street Villas plus all the Town's revitalization. Mr. Viers advised that as ofi now the Main Street Villas project is in line with their time schedule. He stated that they are currently prequalifying contractors project bid for the project which the process will close December 22, 2022. At that evaluate firms that have submitted their prequalified bid to ensure they comply time, and they meet the requirements before going out to bid on the project for a general contractor. Mr. Viers stated hoped tol have a general contractor inj place and start construction by early spring. Mr. Gilmer he questioned Mr. Viers regarding Puckett Street. Mr. Viers stated that as of now forward ini the construction with no changes to Puckett Steet.  will to  move  they plan to  Ms. Svitlana Boyd stated that the Town Council are elected by the people in order to serve the people. Ms. Boyd advised that she is interested in purchasing a lot located at 181 Street therefore she would like tol know the zoning restrictions on a Modular Home West before Banner she purchases this property. Mr. Shortt stated that Modular Homes are permitted in a R-2 General    Dwelling District. Ms. Boyd questioned how she could get proofit would be allowed before she purchased a Modular Home. Mr. Tiller advised her toj purchase al building permit which would include the size oft the home plus where she would place the home on the lot before  purchasing the home.  actually  Ms. Boyd stated that on behalfofher and her neighbors Ben and McKenna Price, Bart and Heather McGlothlin they pay County taxes as well Town taxes but receive no services such as trash pick-up at their homes, police control plus a gravel road to drive on. Mr. Tiller advised Boyd that the road is a private road which doesn'tmeet VDOT specs therefore the Town Ms. maintain a private road. Mr. Leonard advised that there is trash pick-up, but Ms. the trash truck does not come all the way to her home. ChiefDeskins advised Ms. Boyd Boyd that the that police do patrol on her road, and he assured her they would increase patrol on Viers Court. Ms. Boyd questioned the Town Council about rezoning. Mr. Tiller advised Ms. any questions regarding rezoning due to the open legal lawsuit.  stated cannot  that cannot Boyd he  answer XIII. New Business  Ordinance Reimbursement for certain expenses incurred in responding to DUI and related Upon motion made by Mr. Leonard, seconded by Mr. Fields, the Town Council voted to approve the Ordinance oft the Town ofLebanon, Virginia, regarding reimbursement unanimously certain expenses incurred ini responding to DUI and related incidents as presented. The vote was for as follows: Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Gilmer, Aye; Ms. Stanley, Aye; Mr. Leonard, Aye; Mr. Lambert, Aye. Discussion: Mr. Lambert questioned Mr. Tillerifthis ordinance would permit the Lebanon Fire Department to bill only for DUI vehicle accidents. Tiller stated that they can bill for DUI or any other reckless driving accidents.  incidents  Mr.  Ordinance-Pertaining to camping on public sidewalks  Mayor Dodi advised that the ordinance pertaining to camping on public sidewalks is similar what other localities have approved. Mr. Tiller stated that the ordinance basically states it to misdemeanor to camp on a town owned street, sidewalk, alley or other public does not supersede trespassing in the parks after a certain time. Upon motion made by Mr. Gilmer, seconded by Mr. Leonard, the Town Council  is a  right-of-way, but it  voted to approve the Ordinance pertaining to camping on public sidewalks as presented. unanimously The vote was as follows: Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Gilmer, Aye; Ms. Stanley, Aye; Mr.  Leonard, Aye; Mr. Lambert, Aye.  XIV. Recess: 5:10P.M. XV. Resume: 5:28P.M. XVI. Town Managers Report    Quote for 20161 Freightliner Door  Mr. Shortt advised that he had three quotes to replace the Lebanon Volunteer Fire 2016 Freightliner door. The first quote is from Abingdon Collision & amount of$3,330.64, Appalachian Collision & Auto Parts for the amount Towing, ofs Inc. for the Brooks Collision Center for the amount of $2,831.50. Upon motion made by Mr. Lambert, seconded by Mr. Gilmer, the Town Council voted to approve the quote from Appalachian Collision & Auto Parts for the amount unanimously of as presented. The vote was as follows: Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Gilmer, $2,345.99  Department $2,345.99 and  Ms. Stanley, Aye; Mr. Leonard, Abstain; Mr. Lambert, Aye.  Aye;  Floodplain Ordinance  Mr. Shortt advised that back in the summer FEMA and DCR met with him to: review the Town ofLebanon's floodplain issues. He stated that there was a couple violation from citizens that will address. He stated that the first step to be in compliance is for the Town Council to Upon motion made by Mr. Lambert, seconded by Ms. Jackson, the Town Council voted to approve the Floodplain Ordinance as presented and appoint Andrew Shortt unanimously as Administrator. The vote was as follows: Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Gilmer, Floodplain  he approve  al Floodplain Ordinance.  Ms. Stanley, Aye; Mr. Leonard, Aye; Mr. Lambert, Aye.  Aye;  CITAC-MOU  Mr. Shortt stated that at the last Town Council meeting a motion was made to terminate MOU's with Cumberland Mountain Community Service concerning the CITAC Shortt stated that after speaking with ChiefD Deskins, he would like for the Town program. Mr. amend the motion for the Town to stay in the program but terminate the CITAC Coordinator Council to position. ChiefDeskins stated the being in the CITAC program would eliminate a Police Officer the Police Officer takes an ECO in, they can take them to the drop center by having and return program back to when Upon motion made by Mr. Gilmer, seconded by Mr. Lambert, the Town Council voted to approve the updated MOU with Cumberland Mountain Community Service unanimously CITAC program pending legal approval. The vote was as follows: Ms. Jackson, Aye; Mr. Mr. Gilmer, Aye; Ms. Stanley, Aye; Mr. Leonard, Aye; Mr. Lambert, Aye.  both  having to stay with an ECO(Emergency Custody Order) which used tol be but now it can be up to a seven-to-nine-day process. He stated that  seventy-hour the  process duty.  Fields, Aye;  Personal Property Tax  Mr. Shortt advised that the Personal Property Taxes were delayed being sent to Southern due to waiting to see what the County response was to the tax rate. He stated that he Software with Ms. Carrier, and they should be back from the software company around December spoke the Town can change the actual due date. The Town must give the citizens at least a 14, 2022, plus  period toj pay them.  thirty-day    Upon motion made by Mr. Gilmer, seconded by Mr. Leonard, the Town voted to extend the due date on Personal Property taxes to. January 31, 2023. Council The unanimously follows: Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Gilmer, Aye; Ms. Stanley,  vote Mr. was as Aye; Leonard,  Aye; Mr. Lambert, Aye. Fire Department Radios  Mr. Shortt advised that he met a couple oftimes with the Fire Department  concerning purchasing new radios. He stated they are on Virginia State Contract. ChiefMcCoy Shortt  presented two quotes for the radios.  Mr.  10-33 Communications & Solutions LLC.  $15,540.00 $18,001.20  BK Technologies  Upon motion made by Mr. Gilmer, seconded by Mr. Lambert, the Town Council voted to approve the quote for six radios from 10-33 Communications & Solutions unanimously amount of $15,540.00. The vote was as follows: Ms. Jackson, Aye; Mr. Fields, LLC. for the Gilmer, Aye; Ms. Stanley, Aye; Mr. Leonard, Aye; Mr. Lambert, Aye.  Aye; Mr.  Water Meters  Mr. Shortt stated that the current water meters were all installed at one time with a lifespan. He stated that the current price is $180 each. The Town currently aj plan together to try to get some grant money funding. He advised that he  ten-year to that he will put plans phase these  meters install which would cost the Town about $285,000 to replace all ofthem. has about 1500 water ofnow it is about a year to get the water meters with Ferguson. Mr. Shortt stated He stated that as  out over a five-year or SO period. CUSI & MIP Information  Mr. Shortt advised that he added CUSI and MIP information for the Town  stated that ift the Finance Committee would to discuss the CUSI and MIP software. Planning Commission  Council to review. He Committee also  plan a meeting even  ARPA  perhaps  Mr. Shortt advised that he spoke with Bart McGlothlin, David Boyd and David Coleman concerning serving on the Planning Commission, which all oft them are interested in serving.  XVII. ChiefofPolice Report  ChiefDeskins presented the monthly Police Report. He advised that the  ordered. He stated that the shop with a cop program is a little short on funds, Police but Radios have been  provide ten kids with a $200 budget each.  their goal is to    XVIII. Town Attorney Report  Mr. Tiller requested to speak with the Town Council in closed session.  XIX. Enter closed session: 5:591 P.M.  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)0)7) for the purpose of discussing personnel and legal issues. The vote was as follows: Mr. Fields, Aye; Mr. Gilmer, Aye; Ms. Stanley, Aye; Mr. Leonard, Aye; Mr. Ms. Lambert, Jackson, 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: Mr. Fields, Aye; Mr. Gilmer, Aye; Mr. Leonard, Aye; Mr. Lambert,  Aye.  Ms. Jackson, Aye;  Aye.  Mr. Tiller stated that Ms. Stanley left the closed session before any Town Business  conducted.  was  C. A.D Diane Nunley, Clerk ofCouncil, presented the Roll Call Vote:  Virginia Code, 1950, Section 2.2-3712(D)  Do you certify that to the best ofyour knowledge, (1) the Town Council in its' closed session; only discussed public business matters lawfully exempted from requirements under this Chapter and (2) that only such public business matters open meeting identified in the motion by which the closed meeting was convened were heard, as were or considered in the meeting by the Town Council. Any member oft the Town discussed, believes that there was a departure from the requirements of clauses (1) and Council who  state prior to the vote, indicating the substance of the departure that, in  (2), shall sO theirj judgment, has  taken place.  The roll call vote was as follows: Mayor Dodi, Aye; Ms. Jackson, Aye; Mr. Fields, Gilmer, Aye; Mr. Leonard, Aye; Mr. Lambert, Aye; Mr. Shortt, Aye; Mr. Tiller, Aye. Aye; Mr.  XX. XXI.  Adjourn closed session: 6:30 P.M.  Upon motion made by Mr. Lambert, seconded by Mr. Gilmer, the Town Council voted for the Town ofLebanon sign an agreement ai mutual release between Northrop unanimously Systems as discussed and allow Mayor Dodi to sign the agreement as follows: Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Gilmer, Aye; Mr. Leonard, Mayor. Aye; Mr. was as  The vote Grumman  Aye.  Lambert,  XXII. Upon motion made by Mr. Leonard, seconded by Mr. Lambert, the Town  voted to appoint Judy Lockridge to the Lebanon Planning Commission effective Council unanimously was as follows: Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Gilmer, Aye; Mr. Leonard, today. The vote  Lambert, Aye  Aye; Mr.    XXIII. Adjourn: 6:35P.M.  Upon motion made by Mr. Lambert, seconded by Mr. Leonard, the Town Council voted to adjourn. The vote was as follows: Ms. Jackson, Aye; Mr. Fields, Aye; Mr. unanimously Gilmer,  Aye; Mr. Leonard, Aye; Mr. Lambert, Aye.  PhochyB A. "Tony" Dodi, Mayor  Nelson  Phaw A. Diane Nunley,  y  Minutes recorded by: A. Diane Nunley, Clerk of Council Minutes prepared by: A. Diane Nunley, Clerk of Council