Lebanon Town Council Regular Monthly Meeting Town Hall, Lebanon, VA Monday, April 10, 2017 6:001 P.M.  Council Members Present: Nelson A. "Tony" Dodi, Mayor  J.C.I Boyd, Vice Mayor J.H Hassel Kegley, Council Member A. Doyle Fields, Council Member DeAnna C. Jackson, Council Member Kevin B. Ferguson, Council Member Scott J. Gilmer, Council Member Michael L. Duty, Town Manager Jackie L. Hubbard, Controller A. Diane Nunley, Administrative Assistant Kevin D. Tiller, Town. Attorney Mark A. Mitchell, Chiefof Police  Staff Members Present:  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 Ms. Jackson, seconded by Mr. Ferguson, the agenda was 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.  V.  Edit and approve minutes from the 3/13/17 regular council meeting:  Upon motion made by Ms. Jackson, seconded by Mr. Kegley, the minutes from the 3/13/17 regular 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.  VI.  Approve accounts payable and capital assets for the month ofMarch:  Upon motion made by Mr. Boyd, seconded by Mr. Fields, the accounts payable and capital assets for the month ofMarch 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 Chafin & Chafin, PC: for a conditional use permit for the residential use oft the properties located at 46 East Main Street and 48 East Main Street in a C-1 Commercial  District  Planning Commission Members Present: Donald Ramey, Chairman Tim Coleman, Vice Chairman Michael L. Duty DeAnna C. Jackson RD Snead  Planning Commission Members Absent:  J.S. Easterly, Jr., Clerk Stephen Quillen  A. The Town Council recessed from regular session, 6:08 P.M. B. Mr. Ramey, Chairman, opened the public hearing, 6:081 P.M. C.N No one was present to speak in favor or opposition of the application.  D. Upon motion made by Mr. Snead, seconded by Mr. Duty, the Lebanon Planning Commission unanimously voted to recommend to the Council that the application submitted by Chafin & Chafin, PC: fora a conditional use permit for the residential use ofthe properties located at 46 East Main Street and 48 East Main Street be approved upon the condition that all regulations set forth by the Town ofLebanon and the Lebanon Zoning Ordinance be met. The vote was as follows: Mr. Ramey, Aye; Mr. Coleman, Aye; Mr. Duty, Aye; Ms. Jackson, Aye; Mr.  Snead, Aye.  VIII. Mr. Ramey closed the public hearing, 6:11 P.M.  IX.  Upon motion made by Mr. Duty, seconded by Mr. Coleman, the Planning Commission unanimously voted to recommend to the Council that the C-1 Commercial District section oft the Lebanon Zoning Ordinance be amended to include that parking requirements for any building existing as of. January 1, 1989 shall be approved by the Zoning Administrator for any and all intended uses. The vote was as follows: Mr. Ramey, Aye; Mr. Coleman, Aye; Mr. Duty, Aye;  Ms. Jackson, Aye; Mr. Snead, Aye.  X. XI.  The Town Council returned to regular session, 6:13 P.M.  Mr. Ramey, Lebanon Planning Commission Chairman, recommended on behalfo ofthe Lebanon Planning Commission that the application submitted by Chafin & Chafin, PC for a conditional use permit for the residential use oft the properties located at 46 East Main Street and 48 East Main Street be approved upon the condition that all regulations set forth by the Town ofLebanon  and the Lebanon Zoning Ordinance be met.    XII. Mr. Ramey, Lebanon Planning Commission Chairman, recommended on behalf ofthe Lebanon Planning Commission that the C-1 Commercial District section ofthel Lebanon Zoning Ordinance be amended to include that parking requirements for any building existing as of January 1, 1989 shall be approved by the Zoning Administrator for any and all intended uses. XIII. Upon motion made by Mr. Boyd, seconded by Mr. Gilmer, the Council unanimously voted to approve the application submitted by Chafin & Chafin, PC: for a conditional use permit for the residential use oft the properties located at 46 East Main Street and 48 East Main Street upon the condition that all regulations set forth by the Town ofLebanon and the Lebanon Zoning Ordinance be met. The vote was as follows: Mr. Ferguson, Aye; Ms. Jackson, Aye; Mr. Kegley,  Aye; Mr. Boyd, Aye; Mr. Fields, Aye; Mr. Gilmer, Aye.  XIV. Upon motion made by Mr. Boyd, seconded by Mr. Fields, the Council unanimously voted to amend the C-1 Commercial District section oft the Lebanon Zoning Ordinance to include that parking requirements for any building existing as of. January 1, 1989 shall be approved by the Zoning Administrator for any and all intended uses. The vote was as follows: Mr. Ferguson, Aye; Ms. Jackson, Aye; Mr. Kegley, Aye; Mr. Boyd, Aye; Mr. Fields, Aye; Mr. Gilmer, Aye.  XV.  Proclamation: Sexual Assault Awareness Month Sexual Assault Awareness Month proclamation.  Ms. Rhyli Drake of Clinch Valley Community Action was present to discuss the proposed Upon motion made by Mr. Ferguson, seconded by Mr. Boyd, the proclamation declaring April 2017 as Sexual Assault Awareness Month in Lebanon was unanimously approved. The vote was as follows: Mr. Ferguson, Aye; Ms. Jackson, Aye; Mr. Kegley, Aye; Mr. Boyd, Aye; Mr. Fields,  Aye; Mr. Gilmer, Aye.  XVI. Enter closed session: 6:20 P.M.  A. Upon motion made by Mr. Boyd, seconded by Mr. Fields, the Town Council unanimously voted to go into closed session under Code Section 2.2-3711(A)(1) for the purpose of discussing personnel issues. 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. Boyd, seconded by Ms. Jackson, 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. .Dianel Nunley, Administrative Assistant, presented the Roll Call Vote:  Virginia Code, 1950, Section 2.2-3712(D)  Do you certify that to the best ofy your knowledge, (1) the Town Council ini 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 theirjudgment, has taken 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, Aye; Mr.  place.  Duty, Aye; Mr. Mitchell, Aye.  XVII. Adjourn closed session: 6:39 P.M.  XVIII. Public Requests:  A. Mr. Reggie Childers was present to request that aj putt-putt course be installed at the Old Mill Park. Mayor Dodi informed Mr. Childers that the Council had approved a revised traditional park design for the Old Mill Park and had included the design plans as part oft the Town's Community Development Block Grant application for the Lebanon Downtown Revitalization Project. Mr. Childers also informed the Council that the three river towns, St. Paul, Cleveland and Honaker, were working together toj promote tourism.  XIX. New Business:  A. LHS Soccer Team Funding:  Upon motion made by Mr. Ferguson, seconded by Ms. Jackson, the Council unanimously voted to approve a $250 donation to the LHS girls soccer team and a $250 donation to the LHS boys soccer team to assist with the purchase of uniforms. The vote was as follows: Mr. Boyd, Aye; Mr. Kegley, Aye; Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Ferguson, Aye; Mr.  Gilmer, Aye.  XX. Enter closed session: 6:541 P.M.  A. Upon motion made by Mr. Boyd, seconded by Mr. Kegley, the Town Council unanimously voted to go into closed session under Code Section 2.2-3711(A)0),0), (5) and (7) for the purpose of discussing personnel, acquisition or sale of property, prospective business or industry and legal issues. The vote was as follows: Mr. Boyd, Aye; Mr. Kegley, Aye; Ms. B. Upon motion made by Mr. Boyd, 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.D Diane Nunley, Administrative Assistant, presented the Roll Call Vote:  Jackson, Aye; Mr. Fields, Aye; Mr. Ferguson, Aye; Mr. Gilmer, Aye.  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 open meeting requirements under this Chapter and (2) that only such public business matters as were identified ini 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 theirj judgment, has taken 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, Aye; Mr.  place.  Duty, Aye.  XXI. Adjourn closed session: 7:40 P.M.  XXII. Upon motion made by Mr. Boyd, seconded by Mr. Ferguson, the Council unanimously voted to approve an agreement between the Town ofLebanon and Lebanon Little League for the management, operation, control and use oft the Town ofLebanon ballfield by Lebanon Little League. The vote was as follows: Mr. Ferguson, Aye; Ms. Jackson, Aye; Mr. Kegley, Aye; Mr.  Boyd, Aye; Mr. Fields, Aye; Mr. Gilmer, Aye.  XXIII. Upon motion made by Mr. Gilmer, seconded by Mr. Kegley, the Council unanimously voted to approve a donation of $10,000 for the final construction phase of the State of Virginia Little League Museum located at the Glade Hollow Park adjacent to the Town ofLebanon. Should the museum not be constructed and finished, it is understood that the $10,000 donation will be returned ini full to the Town ofLebanon. The vote was as follows: Mr. Ferguson, Aye; Ms. Jackson, Aye; Mr. Kegley, Aye; Mr. Boyd, Aye; Mr. Fields, Aye; Mr. Gilmer, Aye.  XXIV. Upon motion made by Mr. Boyd, seconded by Mr. Fields, the Council unanimously voted to donate a used lawn mower to Lebanon Little League. The vote was as follows: Mr. Ferguson, Aye; Ms. Jackson, Aye; Mr. Kegley, Aye; Mr. Boyd, Aye; Mr. Fields, Aye; Mr. Gilmer, Aye. XXV. Upon motion made by Mr. Boyd, seconded by Mr. Kegley, the Council unanimously voted to adjourn. The vote was as follows: Mr. Ferguson, Aye; Ms. Jackson, Aye; Mr. Kegley,Aye; Mr.  Boyd, Aye; Mr. Fields, Aye; Mr. Gilmer, Aye. Adjourn monthly meeting: 7:551 P.M.  TineyPm Suamipslude  Nylson A. "Tony" Dodi, Mayor  Stephanie L. Burke, Clerk of Council  Minutes recorded by: A. Diane Nunley, Administrative Assistant Minutes prepared by: Stephanie L. Burke, Clerk of Council Minutes approved by: Michael L. Duty, Town Manager