Lebanon Town Council Monthly Meeting Town Hall, Lebanon, VA Monday, June 13,2016 6:00 P.M.  Council Members Present:  Nelson A. "Tony" Dodi, Mayor J.C. Boyd, Vice Mayor J.H Hassel Kegley, Council Member A. Doyle Fields, Council Member DeAnna C.. Jackson, Council Member A.G. Griffith, Jr., Council Member Scott. J. Gilmer, Council Member Michael L. Duty, Town Manager Jackie L. Hubbard, Controller Mark A. Mitchell, Chiefof Police Kevin Tiller, Town Attorney Stephanie Burke, Clerk of Council  Staff Members Present:  Staff Members Absent:  I. II. III. IV.  The meeting was called to order by Mayor Dodi.  Prayer: Mr. Mark Mitchell Pledge of Allegiance Edit for items not on the agenda:  Upon motion made by Mr. Griffith, seconded by Ms. Jackson, the agenda was unanimously approved. The vote was as follows: Mr. Boyd, Aye; Mr. Kegley, Aye; Ms. Jackson, Aye; Mr.  Fields, Aye; Mr. Griffith, Aye; Mr. Gilmer, Aye. Edit and approve minutes from the 05/09/16 council meeting:  V.  Upon motion made by Ms. Jackson, seconded by Mr. Boyd, the minutes from the 05/09/16 council meeting were unanimously approved. The vote was as follows: Mr. Boyd, Aye; Mr. Kegley, Aye; Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Griffith, Aye; Mr. Gilmer, Aye.  VI.  Approve accounts payable for the month of] May:  Upon motion made by Mr. Boyd, seconded by Mr. Griffith, the accounts payable for the month ofMay were unanimously approved. The vote was as follows: Mr. Boyd, Aye; Mr. Kegley, Aye; Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Griffith, Aye; Mr. Gilmer, Aye.  VII.  Public Hearing to consider the 2016-20171 budget: A. The Town Council recessed from regular session: 6:07 P.M. B. Mayor Dodi opened the public hearing, 6:07 P.M.    C. No public comments.  VIII. Mayor Dodi closed the public hearing, 6:08 P.M.  IX.  Public Requests:  A. Mr. Leonard Kegley was present to request a refund of $327.60 for payments made on his utility account from April 2015 until December 2015. Mr. Kegley stated that he had cut his water offin April 2015 but had continued toj pay the bill. Mr. Duty advised that he would B. Mr. Reggie Childers was present to request that the speed limit be changed to 20 MPH on N. Church Street and requested that the area be patrolled or that a stop sign be installed to control speeding. Mr. Duty informed Mr. Childers that a stop sign could not be installed onl N. Church Street sincei itis a main road; however, Mr. Mitchell advised that he would Mr. Childers also requested that the Council promote tourism in the town and county, consider installing a Frisbee golf course, assist with the designation ofthe Clinch River  review this issue further.  issue extra patrols for this area.  as a Blue Way and promote the Search & Rescue Team.  X.  Public Hearing to consider:  A. An application submitted by James D. Farmer for a conditional use permit to use the property located at 867 West Main Street in an R-1 Single-Family District for a day care home  occupation.  XI.  Planning Commission Members Present: Michael L. Duty, Vice Chairman J.S. Easterly, Jr., Clerk Donald Ramey, Member Tim Coleman, Member DeAnna Jackson, Member  Planning Commission Members Absent: Ralph Snead, Chairman (Resigned) Stephen Quillen, Member  A. The Town Council recessed from regular session, 6:301 P.M. B. Mr. Duty, Vice Chairman, opened the public hearing, 6:31 P.M.  C. Ms. Kathy Clevinger was present in favor of the permit application. She informed the Commission that she rents the property from Mr. Farmer and is currently operating the business but was unaware, until notified by the Town, that a conditional use permit was required. She explained the details oft the business to the Commission.    D. Upon motion made by Mr. Ramey, seconded by Ms. Jackson, the Planning Commission unanimously voted to recommend that the application submitted by. James D. Farmer for ac conditional use permit to use the property located at 867 West Main Street in an R-1 Single-Family District for a day care home occupation be approved upon the conditions that all state licensing requirements and all regulations set forth by the Town ofLebanon Zoning Ordinance would be met. The vote was as follows: Mr. Duty, Aye; Mr. Easterly,  Aye; Mr. Ramey, Aye; Mr. Coleman, Aye; Ms. Jackson, Aye.  XII.  Mr. Duty closed the public hearing, 6:46 P.M.  XIII. Planning Commission Old Business:  Mr. Easterly discussed the conditions at BAMM Construction. Mr. Easterly inquired ifthe company was in compliance with the terms of their conditional use permit. Mr. Kevin Tiller, Town Attorney, recommended that a letter be sent informing the company of their noncompliance and that a deadline be set for the company to come into compliance with the Upon motion made by Mr. Easterly, seconded by Mr. Ramey, the Commission unanimously voted to send the noncompliance letter as discussed to BAMM Construction. The vote was as follows: Mr. Duty, Aye; Mr. Easterly, Aye; Mr. Ramey, Aye; Mr. Coleman, Aye; Ms. Jackson,  terms oft the permit.  Aye.  XIV. Planning Commission New Business:  The Planning Commission reviewed ai request by Curtis Cox for the subdivision of] property Upon motion made by Mr. Easterly, seconded by Mr. Ramey, the Planning Commission unanimously voted to recommend that the request made by Curtis Cox for the subdivision of property located at] Lebanon Manor be approved. The vote was as follows: Mr. Duty, Aye; Mr.  located at Lebanon Manor.  Easterly, Aye; Mr. Ramey, Aye; Mr. Coleman, Aye; Ms. Jackson, Aye.  XV. The Town Council returned to regular session, 6:501 P.M.  XVI. Mr. Duty, Planning Commission Vice Chairman, recommended on behalf ofthe Planning  Commission that the application submitted by James D. Farmer for a conditional use permit to use the property located at 867 West Main Street in an R-1 Single-Family District for a day care home occupation be approved upon the conditions that all state licensing requirements and all regulations set forth by the Town ofLebanon Zoning Ordinance would be met. Upon motion made by Mr. Boyd, seconded by Mr. Fields, the Council unanimously voted to approve the application submitted by James D. Farmer for a conditional usej permit to use the property located at 867 West Main Street in an R-1 Single-Family District for a day care home occupation upon the conditions that all state licensing requirements and all regulations set forth by the Town ofl Lebanon Zoning Ordinance would bei met. The vote was as follows: Mr. Boyd, Aye; Mr. Kegley, Aye; Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Griffith, Aye; Mr. Gilmer, Aye.    XVII. Mr. Duty, Planning Commission Vice Chairman, recommended on behalfofthel Planning  Commission that the request made by Curtis Cox for the subdivision of property located at Upon motion made by Mr. Boyd, seconded by Mr. Kegley, the: request made by Curtis Cox for the subdivision of property located at] Lebanon Manor was unanimously approved. The vote was as follows: Mr. Boyd, Aye; Mr. Kegley, Aye; Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Griffith,  Lebanon Manor be approved.  Aye; Mr. Gilmer, Aye.  XVIII. Mr. Brian Dillon was present to request a donation for the LHS boys soccer team.  XIX. Recess: 6:50P.M.  XX.  Resume: 6:55F P.M.  XXI. Enter closed session: 6:55 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 (1), (3), and (7) for the purpose of discussing personnel, acquisition or sale of property, and legal issues. The vote wasas follows: Mr. Boyd, Aye; Mr. Kegley, Aye; Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Griffith, B. Upon motion made by Mr. Fields, seconded by Mr. Boyd, 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. Griffith, Aye; Mr. Gilmer, Aye.  Aye; Mr. Gilmer, Aye.  C.J Jackie Hubbard, Controller, 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 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 of the departure that, ini their 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. Griffith, Aye; Mr. Tiller, Aye; Mr.  place.  Duty, Aye.  XXII. Adjourn closed session: 7:401 P.M. XXIII. Town Manager's Report:  Mayor Dodi requested that the Town Manager's report be reviewed at the next meeting.    A. Police Department Report: None.  XXIV. Committee Reports and Recommendations: None.  XXV. Old Business:  A. Property Maintenance Ordinance:  Mr. Tiller provided the Council with a proposed ordinance for the Council's review and  future discussion.  B. Downtown Revitalization Project Update:  Mayor Dodi informed the Council that the planning grant application is awaiting  approval.  C. Delinquent Business Licenses:  Mr. Tiller informed the Council that he is proceeding with the collection of delinquent  licenses and that one license fee has been settled for collection.  XXVI. Upon motion made by Ms. Jackson, seconded by Mr. Fields, the Council unanimously voted to adjourn to reconvene on Monday, June 20, 2016 at 6:00 P.M. The vote was as follows: Mr. Boyd, Aye; Mr. Kegley, Aye; Ms. Jackson, Aye; Mr. Fields, Aye; Mr. Griffith, Aye; Mr. Gilmer,  Aye.  Adjourn to reconvene monthly meeting: 7:58 P.M.  But  phamiutte Stephanie L. Burke, Clerk ofCouncil  A.  2heny Nelson "Tony" Dodi, Mayor  Minutes recorded by:. Jackie) L. Hubbard, Controller Minutes prepared by: Stephanie L. Burke, Clerk of Council Minutes approved by: Michael L. Duty, Town Manager