Lebanon Town Council Regular Monthly Meeting Town Hall, Lebanon, VA Monday, May 21, 2018 6:00 P.M.  Council Members Present:  Nelson A. "Tony" Dodi, Mayor J.C. Boyd, Vice Mayor J. Hassel Kegley, Council Member A. Doyle Fields, Council Member DeAnna C. Jackson, Council Member Kevin B. Ferguson, Council Member Scott J. Gilmer, Council Member  Staff Members Present:  Jackie L. Hubbard, Controller/Interim Town Manager A. Diane Nunley, Administrative Assistant Mark A. Mitchell, Chief of Police Kevin D. Tiller, Town Attorney  I. II. III. IV.  The meeting was called to order by Mayor Dodi.  Prayer: Mr. Mitchell Pledge of Allegiance Edit for items not on the agenda:  Upon motion made by Mr. Kegley, seconded by Ms. Jackson, the agenda was unanimously approved. The vote was as follows: Mr. Boyd, Aye; Mr. Kegley, Aye; Ms. Jackson, Aye; Mr. Edit and approve minutes from the 04/09/18 regular council meeting and minutes from the Upon motion made by Mr. Boyd, seconded by Mr. Kegley, the minutes from the 04/09/18 regular council meeting and minutes from the 04/09/18 special council meeting were unanimously approved. The vote was as follows: Mr. Boyd, Aye; Mr. Kegley, Aye; Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Ferguson, Aye; Mr. Gilmer, Aye. Approve accounts payable and capital assets for the month of April:  Fields, Aye; Mr. Ferguson, Aye; Mr. Gilmer, Aye.  V.  04/09/18 special council meeting:  VI.  Upon motion made by Mr. Boyd, seconded by Mr. Kegley, the accounts payable and capital assets for the month of April were unanimously approved. The vote was as follows: Mr. Boyd, Aye; Mr. Kegley, Aye; Ms.. Jackson, Aye; Mr. Fields, Aye; Mr. Ferguson, Aye; Mr. Gilmer,  Aye.    VII.  Public Hearing to consider:  An application submitted by Maegan A. Brown for a conditional use permit for home occupation use ofthe property located at 425 Donald C. Moore Drive in a R-1 Single Family District. The  home occupation will be an online sales ofc children's clothing boutique.  Planning Commission Members Present: Donald Ramey, Chairman Tim Coleman, Vice-Chairman R.D. Snead, Member J.S. Easterly, Jr., Clerk DeAnna C. Jackson, Member Planning Commission Members Absent: Stephen M. Quillen, Member  A. The Town Council recessed from regular session, 6:02 P.M. B. Mr. Ramey, Chairman, opened the public hearing, 6:02 P.M.  C. Maegan A. Brown spoke that she wishes to offer an online children's clothing boutique  and would be shipping the merchandise out ofher home.  D. No public comments.  Upon motion made by Mr. Easterly, seconded by Mr. Snead, the planning commission unanimously voted to approve the application for Maegan A. Brown for a conditional use permit. The vote was as follows: Mr. Ramey, Aye; Mr. Coleman, Aye; Ms.. Jackson, Mr. Ramey requested al Planning Commission and Town Council joint monthly meeting  Aye; Mr. Snead, Aye; Mr. Easterly, Aye.  be scheduled the Monday before the regular council meeting.  VIII. Mr. Ramey closed the public hearing, 6:08 P.M.  IX. X.  The Town Council returned to regular session, 6:08 P.M.  Mr. Ramey, Lebanon Planning Commission Chairman, recommended on behalfofthe. Lebanor Planning Commission to approve the conditional use permit application for Maegan A. Brown.    Upon motion made by Mr. Boyd, seconded by Mr. Fields, the town council unanimously voted to approve the conditional use permit for Maegan A. Brown upon the conditions that all regulations set forth by the Town ofLebanon and the Zoning Ordinance are met. The vote was as follows: Mr. Boyd, Aye; Mr. Kegley, Aye; Ms.. Jackson, Aye; Mr. Fields, Aye; Mr. Gilmer, Upon motion made by Mr. Boyd, seconded by Mr. Kegley, the town council unanimously voted to approve ai regular town council and planning commission monthly meeting the Monday before regular town council meeting at a restaurant of choice and paid by the town. The vote wasa as follows: Mr. Boyd, Aye; Mr. Kegley, Aye; Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Gilmer,  Aye. Mr. Ferguson, Aye.  Aye; Mr. Ferguson, Aye. Public Request:  XI.  A. The Town Council recognized Tammy Jo Lasley for receiving the WoodmenLife Heart  &1 Heritage Caring for Others Award.  Upon motion made by Mr. Boyd, seconded by Mr. Kegley, the town council unanimously voted to enter the WoodmenLife Heart & Heritage Caring for Others Award asar resolution. The vote was as follows: Mr. Boyd, Aye; Mr. Kegley, Aye; Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Gilmer, Aye; Mr. Ferguson, Aye.  B. Betsy Summerfield advised the council that her bulk trash hasn't been picked up.. Mr. Hubbard informed Ms. Summerfield she needed to call the town hall and they will  schedule a pick-up day. Police Department Report:  XII.  ChiefMitchell presented the monthly report for the month of April. He advised the council that the police have received numerous reports of al bear within the town. Mr. Mitchell recommends that everyone keeps trash enclosed, all pet food in containers and no bird feeders out. He also advised the council that the grant for "Click it or Ticket it" began today therefore his officers would be working overtime on this grant. He advised the council that Tanner Couch would be  graduating from the police academy this Thursday, May 24, 2018.  XIII. Town Manager's! Report:  Mr. Hubbard advised the council that the annual audit was complete and report should be completed by the end oft the month. He updated the council concerning the Parks and Recreation playground equipment, construction of sidewalk at ballfield completed last week, umbrellas ordered for the Old Mill Park and most oft the flowers planted. He advised the council about the Wastewater Treatment Plant's digester going down, but the employees did the actual labor which Mr. Hubbard advised the council that Brad Cook with Lebanon Fire Department contacted him concerning the council sponsoring the Guitars and Good Times event to raise funds to help  saved on the cost oft the project.  teachers deal with students with Child Behavior issues.    Upon motion made by Mr. Boyd, seconded by Mr. Kegley, the council unanimously voted to continue to support the Guitars and Good Times event. The vote was as follows: Mr. Boyd, Aye; Mr. Kegley, Aye; Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Gilmer, Aye; Mr. Ferguson, Mr. Hubbard advised the council that the Town Manager'st truck tags were expiring the end of the month and requested the pleasure ofthe council on either keeping the tags that was on the truck or revert to the government ones. The council agreed on the government tags. Mr. Hubbard advised the council that a census is due for addresses within the town and requested that the council use Tammy Lasley and Diane Nunley to update all the address information. Upon motion made by Mr. Kegley, seconded by Mr. Ferguson, the council unanimously voted to approve for Tammy Lasley and Diane Nunley to update all town addresses for the census. The vote was as follows: Mr. Boyd, Aye; Mr. Kegley, Aye; Ms. Jackson, Aye; Mr. Fields, Aye; Mr.  Aye.  Gilmer, Aye; Mr. Ferguson, Aye.  XIV. Town Attorney Report:  Mr. Tiller updated the council on the Lebanon Cleaner's lawsuit, today makes the twenty-first day since he filed the lawsuit which is the time period given to respond. Ifhe doesn'treceive anything by end of the week he will go ahead and default judgement on Lebanon Cleaners.  XV. Old Business: None XVI. New Business:  A. Discuss Suboxone  Ms. Jackson discussed the complaints she had received concerning the clinic near Rite Aid. Mr. Tiller recommended placing police officer on site. The council agreed to place an officer near  the facility on the days ofc operation. B. Dilapidated Building  Mr. Hubbard discussed three dilapidated buildings, letters have been sent, requested the pleasure oft the council on the next steps. The Council agreed to have Mr. Tiller issue letter to the three  property owners and each be given a time limit to respond.  C. Peddlers License  Ms. Jackson discussed with the council the peddlers license fee, a couple ofl high school boys were wanting to set up ani ice slushy stand this summer and the $500 fee was too expensive for small businesses. The Council agreed to encourage the boys to apply for a conditional use  permit instead or peddlers license.    Upon motion made by Ms. Jackson, seconded by Mr. Ferguson, the council unanimously voted to approve the boys to get either ai regular business license ift they live in a Commercial District or conditional use permit ift they live in al R-1 or R-2 zoning area. The vote was as follows: Mr. Boyd, Aye; Mr. Kegley, Aye; Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Gilmer, Aye; Mr.  Ferguson, Aye.  D. Painting of Pavement at Old Mill Park  Ms. Jackson discussed the painting of pavement at Old Mill Park. A business from Knoxville sent a sample which she felt didn'tmatch the crosswalk. Mr. Gilmer said he would contact Clatterbuck Pavement Marking to get another sample from them. The council agreed to discuss  the issue at the. June council meeting.  XVII. Recess 6:57 P.M.  XVIII. Enter closed session: 7:07 P.M.  A. Upon motion made by Mr. Fields, seconded by Mr. Gilmer, 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. The vote was as follows: Mr. Boyd, Aye; Mr. Kegley, Aye; Ms.. Jackson, Aye; Mr. Fields, Aye; Mr. Ferguson, Aye; Mr. Gilmer,  Aye.  B. Upon motion made by Mr. Kegley, seconded by Mr. Fields, the Town Council unanimously voted to return to regular session. The vote was as follows: Mr. Boyd, Aye; Mr. Kegley, Aye; Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Ferguson, Aye; Mr.  Gilmer, Aye.  C. A. Diane Nunley, Administrative Assistant, presented the Roll Call Vote:  Virginia Code, 1950, Section 2.2-3712(D)  Do you certify that to the best of your knowledge, (I) 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) 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; Mr. Boyd, Aye; Mr. Kegley, Aye; Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Gilmer, Aye; Mr. Ferguson, Aye; Mr. Tiller,  judgment, has taken place.  Aye; Mr. Hubbard, Aye; Mr. Mitchell, Aye.  XIX. Adjourn closed session: 8:24P.M.    XX. Upon motion made by Ms. Jackson, seconded by Mr. Kegley, the Town Council unanimously voted to hire all 15 applicants for the lifeguard position and. Jennifer Woodliefand: Ernie Woodlief: as directors. The vote was as follows: Mr. Boyd, Aye; Mr. Kegley, Aye; Ms. Jackson,  Aye; Mr. Fields, Aye; Mr. Gilmer, Aye; Mr. Ferguson, Aye.  XXI. Upon motion made by Mr. Fields, seconded by Mr. Boyd, the Town Council unanimously voted tol hire Jordan Stallard, Joshua Harris, Caleb McGlothlin and Chandler Morrison as summer help for the street department. The vote was as follows: Mr. Boyd, Aye; Mr. Kegley, Aye; Ms.  Jackson, Aye; Mr. Fields, Aye; Mr. Gilmer, Aye; Mr. Ferguson, Aye. fori review. The 2018-2019 budget was to be approved at the June meeting.  XXII. Mayor Dodi advised the council that Mr. Hubbard had prepared aj preliminary purposed budget XXIII. Mr. Hubbard advised the council that he had received aj proposal from Steffey Construction on installing a fence around the Old Mill Park for the amount of$29,950. Mr. Steffey sent a book for the council to pick out the color ofr rock they wished toi install at the Old Mill Park.  XXIV. Adjourn: 8:32P.M.  Upon motion made by Mr. Kegley, seconded by Mr. Gilmer, the Council unanimously voted to adjourn to reconvene on Tuesday May 29, 2018, to conduct event coordinator interviews and other business items. The vote was as follows: Mr. Boyd, Aye; Mr. Kegley, Aye; Ms. Jackson,  Aye; Mr. Fields, Aye; Mr. Gilmer, Aye; Mr. Ferguson, Aye. AbyP A. Auaw  Neison A. "Tony" Dodi, Mayor  A. Diane Nunley,  whly  Minutes recorded by: A. Diane Nunley, Administrative Assistant Minutes prepared by: A. Diane Nunley, Administrative Assistant