Lebanon Town Council Regular Monthly Meeting Town Hall, Lebanon, VA Monday, December 11,2017 6:001 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 fori items not on1 the agenda: resolution for Bernard Darrell Fields.  Mayor Dodi requested to add under New Business Item B resolution for Robert M. Godsey and Upon motion made by Mr. Ferguson, seconded by Mr. Kegley, the agenda with edited items 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. Edit and approve minutes from the 11/13/17 regular council meeting:  V.  Upon motion made by Mr. Kegley, seconded by Mr. Ferguson, the minutes from the 11/13/17 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 ofNovember:  Mr. Hubbard advised the council that the $9,012.50 invoice from Streetscapes had been edited to include an additional $4,506.25 for paint for the Old Mill Park but due to the color not matching Upon motion made by Mr. Boyd, seconded by Mr. Kegley, the accounts payable and capital assets for the month ofNovember were unanimously approved as listed, The vote wasas  the paint wasn'tused. The Council did not approve the additional charges.    follows: Mr. Boyd, Aye; Mr. Kegley, A Aye; Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Ferguson, Mr. Hubbard presented under Capital Assets item for Schwartz & Associates, Inc. that these services were: necessary to comply with new bridge structure load ratings requirements. Upon motion made by Mr. Boyd, seconded by Mr. Kegley, the council unanimously voted to hire Schwartz & Associates, Inc. to provide bridge load rating services with halfofthe total quoted price to be billed and paid during the current fiscal year and the remaining during the following year. The vote was as follows: Mr. Boyd, Aye; Mr. Kegley, Aye; Ms. Jackson, Aye; Mr. Hubbard presented under Fixed Assets proposed sale of compactor boxes to Russell County Upon motion made by Mr. Boyd, seconded by Mr. Kegley, the council unanimously voted to sale the compactor boxes to the Russell County Board of Supervisors at the stated price. The vote was as follows: Mr. Boyd, Aye; Mr. Kegley, Aye; Ms. Jackson, Aye; Mr. Fields, Aye; Mr.  Aye; Mr. Gilmer, Aye.  Mr. Fields, Aye; Mr. Gilmer, Aye; Mr. Ferguson, Aye. Board of Supervisors for the amount of $7,000.00.  Gilmer, Aye; Mr. Ferguson, Aye. Public Hearing to consider:  VII.  An application submitted by. Jessica Helbert for a conditional use permit for home occupation use (day care center) oft the property located at 112 Dodge street in a R-2 General Dwelling  District.  Planning Commission Members Present: Donald Ramey, Chairman Tim Coleman, Vice-Chairman R.D. Snead, Member DeAnna C. Jackson, Member Planning Commission Members Absent:  J.S. Easterly, Jr., Clerk Stephen Quillen, Member  A. The Town Council recessed from regular session, 6:05 P.M. B. Mr. Ramey, Chairman opened the public hearing, 6:05 P.M. C. No one was present on behalf oft the application.  D. Mr. Coleman was concerned about no fence on the property and also Ms. Jackson was  concerned about the parking.  E. No public comments.    Upon motion made by Mr. Snead, seconded by Mr. Coleman, the planning commission unanimously voted to not approve the application due to insufficient information. The vote was as follows: Mr. Ramey, Aye; Mr. Coleman, Aye; Ms. Jackson, Aye; Mr. Snead,  Aye.  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 Lebanon Planning Commission toi not approve the application submitted by. Jessica Helbert for conditional Upon motion made by Mr. Boyd, seconded by Mr. Kegley, the council unanimously voted to not approve the application submitted by Jessica Helbert for conditional use permit due to insufficient information. The vote was as follows: Mr. Boyd, Aye; Mr. Kegley, Aye; Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Gilmer, Aye; Mr. Ferguson, Aye. Mr. Boyd clarified that if the applicant wished to address the Council at another meeting to provide the information needed, then the application could be reconsidered.  use permit due to insufficient information.  XI.  Enter closed session: 6:001 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)(1)(7)1 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. Gilmer, Aye; Mr. Ferguson, Upon motion made by Mr. Kegley, seconded by Mr. Ferguson, 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. Gilmer, Aye; Mr.  Aye.  B.  Ferguson, Aye.  C. 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 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 ini the meeting by the Town Council. Any member ofthe 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  judgement, has taken place.    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, Upon motion made by Ms. Jackson, seconded by Mr. Kegley, the council unanimously voted to hire Lucas Hobbs with Elliott Lawson & Minor, P.C. to represent the Town and individuals in the lawsuit case. The vote was as follows: Mr. Boyd, Aye; Mr. Kegley, Aye; Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Gilmer, Aye; Mr. Ferguson, Aye.  Aye.  XII.  XIII.  Town Manager's Report:  Mr. Hubbard presented the town mangers report for the month ofNovember. He informed the council that DMME requested they approve for them to install a fuel center in Lebanon for propane vehicles. The council agreed for DMME to come to the. January  meeting for further discussion. A. Police Department Report:  Mark Mitchell, Chief ofPolice, presented the Police Report for the month ofNovember. He informed the council that due to the pattern change at the Walmart red light there has been four accidents, he has reported the pattern light changes to the news media & on social media. Hej presented two "Thank You" notes one for Officer Bise and the other for all officers. He also informed them that Officer Couch would start in the academy in Mr. Mitchell requested the council approve an agreement with Cumberland Mountain Community Services to provide training for officers tol be CIT (Crisis Intervention Team Upon motion made by Mr. Ferguson, seconded by Ms. Jackson, the council unanimously voted to approved to enter into an agreement with Cumberland Mountain Community Services for officers CIT training. The vote was as follows: Mr. Boyd, Aye; Mr. Kegley, Aye; Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Gilmer, Aye; Mr. Ferguson, Aye.  January.  Training) certified.  XIV. Town Attorney Report:  Mr. Tiller informed the council that attorney Frank Kilgore's office had presented a franchise agreement for Cable Plus, he made the altered changes needed to the  agreement.  XV. New Business:  A. Discuss Street lights on Regional Park Road:  Mayor Dodi informed the council that Steel Fab and Lebanon Inn had requested the need Upon motion made by Mr. Kegley, seconded by Mr. Boyd, the council unanimously voted to install two more street lights on Regional Park Road. The vote was as follows:  for more lights on Regional Park Road.    Mr. Boyd, Aye; Mr. Kegley, Aye; Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Gilmer, Aye;  Mr. Ferguson, Aye.  B. Resolution for Robert M. Godsey and Bernard Darrell Fields:  Upon motion made by Mr. Boyd, seconded by Mr. Kegley, the council unanimously voted to approve the resolutions for Robert M. Godsey for his thirty-eight years of service and Bernard Darrell Fields sixteen years of service with the Town ofLebano:. The vote was as follows: Mr. Boyd, Aye; Mr. Kegley, Aye; Ms. Jackson, Aye; Mr.  Fields, Aye; Mr. Gilmer, Aye; Mr. Ferguson, Aye.  XVI. Old Business: None. XVII. Recess: 7:37P.M. XVIII. Enter closed session: 7:42 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)0X7) 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. 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.  C. 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, (1)t 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 (I) 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; 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.  XIX. Adjourn closed session: 8:10P.M    XX. Upon motion made by Mr. Kegley, seconded by Ms. Jackson the council unanimously voted to adjourn. The vote was as follows: Mr. Boyd, Aye; Mr. Kegley, Aye; Ms. Jackson, Aye; Mr.  Fields, Aye; Mr. Ferguson, Aye; Mr. Gilmer, Aye. Adjourn monthly meeting: 8:12P.M.  AhaP Nélson A. "Tony" Dodi, Mayor  A. Siwp Hlunlay A. Diane Nunley, Administrative Assitant  Minutes recorded by: A. Diane Nunley, Administrative Assistant Minutes prepared by: A. Diane Nunley, Administrative Assistant