TOWN OF DAYTON REGULAR COUNCIL MEETING September 9, 2024  COUNCIL CHAMBERS, DAYTON TOWN HALL  COUNCIL MEMBERS PRESENT: Mayor Cary Jackson, Vice Mayor Bradford Dyjak, Melody Pannell, Susan Mathias, Emily Estes and Bob Wolz. Robert Seward resigned from council effective  July 31, leaving his seat vacant. COUNCILA MEMBERS ABSENT: None  ALSO PRESENT: Jordan Bowman, Town Attorney; Brian Borne, Town Manager; Police Chief Justin Trout; Christine Wade, Deputy Clerk; Meggie Roche, Eçonomic & Community Development Coordinator; Jennifer Reppe, Public Works Supervisor and Christa Hall, Town CALLTOORDER: Mayor Jackson called the meeting to order at 6:01 p.m. and welcomed guests inj person and stated they were having issues with the sound equipment this evening and there was possibly no sound on: zoom. He stated that the Council would only hear public comment tonight from those attending in person and had signed up to speak and that speakers would be limited to five PROCLAMATION: Mayor Jackson read aloud the Proclamation stating that September will be RESOLUTION: Mayor Jackson read aloud the Resolution relating to supporting the Virginia America 250, America 250 Commission and the 250th Anniversary of American Independence. Vice Mayor Dyjak made a motion to approve the Resolution, stating that Dayton has the oldest Cemetery and some of the most historic areas and buildings in Rockingham County with the historic triangle. Councilperson Pannell seconded and the motion passed by a roll call vote of 6 to 0, with the voting recorded as follows: MATHIAS-AYE; DYJAK- -AYE; WOLZ-AYE;  Treasurer.  minutes each. Mayor Jackson led the Invocation and thel Pledge of Allegiance.  observed as Suicide Prevention Month.  PANNELL-AYE; JACKSON-AYE, ESTES--AYE.  The resolution reads as follows:  RESOLUTION RELATING TO SUPPORTING THE VIRGINIA AMERICA 250 COMMISSION AND THE: 250th ANNIVERSARY OF  AMERICAN INDEPENDENCE  WHEREAS, the Virginia America 250 Commission (VA250) was created in 2020 by the General Assembly for the purpose of preparing for and commemorating in 2026 the 250th anniversary of Virginia's WHEREAS, VA250 has requested that each locality form a committee to aid in planning for the WHEREAS, the Town of Dayton is dedicated to the furtherance ofe economiç development and tourism in our region, featuring Rockingham County's oldest graveyard dating to 1747 in the Dayton Cemetery, two historic districts - Downtown and Silver Lake Mill - and the Dayton Historic Triangle, with Fort Harrison, WHEREAS, Rockingham County and the City of Harrisonburg in partnership with the Harrisonburg- Rockingham Historical Society (Rocktown History) have formed: al local VA250 committee, with the Board  participation in American independence; and  commemoration period; and  Rocktown History, and the Mill; and  of Supervisors adopting a resolution in November 2023; and    WHEREAS, the local committee will plan and coordinate programs occurring within the region and the Town Council wishes support VA250 to commemorate this important historic milestone. NOW, THEREFORE, BEI ITI RESOLVED by the Town Council of Dayton, Virginia: The Town hereby supports the Virginia America 250 Commission and their efforts to commemorate the 250th anniversary of Virginia's participation in American independence.  The Town shall coordinate with the local stakeholders, including Fort Harrison, Rocktown History, the Dayton Cemetery, and the Virginia Quilt Museum, and consider supporting events and initiatives The Town Council Designates the Town Manager and Community & Economic Development Coordinator as liaisons to stakeholders within Dayton and to the local committee to aidi in the planning Town Council further authorizes the Town Manager and Community & Economic Development Coordinator to pursue any relevant grant funding opportunities in connection with the  throughout 2026; and  for the commemoration period; VA250 efforts.  RESOLUTION: Mayor Jackson said to comply with Code of Virginia statute 2.2-3708.3 and 2.2- 3708.2, the Virginia Freedom ofInformation Act authorizes certain limited electronic participation inr meetings subject to certain restriction and requirements. The proposed policy is similar to the Towns existing policy, with updates to: reflect recent changes to the Code ofVirginia. He then asked for a motion to approve the updated Resolution Authorizing Electronic Participation in meetings of the Town Council for the Town ofDayton. Councilperson Dyjak so moved and Councilperson Wolz seconded the motion. The motion was approved by ar roll call vote of6-0. The voting wasi recorded as follows: DYJAK--AYE; PANNELL-AYE; JACKSON-AYE; MATHIAS--AYE; ESTES  AYE; WOLZ--AYE. The Resolution reads as follows:  RESOLUTION AUTHORIZING ELECTRONIC PARTICIPATIONI IN  MEETINGS OF THE  TOWN COUNCIL FOR THE TOWN OF DAYTON  Whereas, absent a declared state of emergency, the Virginia Freedom ofInformation. Act authorizes certain limited electronic participation, provided that the public body has duly adopted a written policy providing for electronic participation in meetings, and subject to certain other restrictions Whereas, the Town Council for the Town of Dayton (the "Town Council") desires to adopt a policy to enable its members to participate remotely in meetings of Town Council, and all ofits  and requirements; and  subsidiary bodies, committees, and subcommittees, under certain circumstances. Now, therefore, Town Council resolves and adopts the following policy:  1.  Members are hereby approved to participate in a meeting of the Town Council or its committees through electronic communications, such as. telephone or video participation, from a remote location as provided in Code of Virginia S 2.2-3708.3 subject to the following Remote participation under certain circumstances when a physical quorum is present. A member wishing toj participate from a remote location in a meeting shall notify the Mayor, or other presiding officer, on or before the date ofa meeting that the member is unable to attend the meeting due to a personal matter, provided that the member identifies with specificity the nature of the personal matter, or (ii) a temporary or permanent disability or other medical condition that prevents  requirements:    the member's physical attendance or the memberisa a caregiver who must provide care for aj person B. Requirements for minutes. The minutes for the meeting shall record the remote location from which the absent member participated, as well as the specific nature of the personal matter, that the member participated in the meeting electronically due to a medical condition or disability. This information shall be provided by the member to the Mayor or their designee. C. Remote participation authorized in accordance with this policy. If the member's remote participation complies with this policy, the remote participation shall be allowed. If the absent member's remote participation would violate this policy, such remote participation is disapproved and the absent member shall not be allowed to participate. The reason for such disapproval shall D. Limitation on number of meetings in which a member may participate remotely. Participation in a meeting through electronic communication due to a personal matter shall be limited, for each member and in each calendar year, to two meetings or twenty-five percent of meetings held per calendar year rounded up to the next whole number, whichever is greater.. E. Quorum requirement. A quorum must be physically assembled at the primary or central meeting location, unless otherwise provided by law. For purposes of determining whether a quorum is physically assembled, an individual member of a public body who is a caregiver for a person with a disability and uses remote participation counts toward the quorum asi ifthe individual F. Audio requirement. Arrangements shall be made, to the maximum extent practicable, for the voice of the member participating remotely to be heard by all persons in attendance at the G. AppiceationofElectronic Meetings Policy. This Electronic Meetings Policy shall apply to the meetings of the Town Council for the Town of Dayton, Virginia, and all ofi its subsidiary bodies, committees, and subcommittees. Nothing herein shall be construed to restrict the ability ofTown Council or its committees to meet without a quorum physically assembled at one location during a APPROVAL OF MINUTES: Mayor Jackson asked for a motion to approve the minutes as written for the Council Work Session and Regular Council Meeting of August 12, 2024. Councilperson Wolz moved and Councilperson Estes seconded the motion. The motion ACTIONITEM: Mayor Jackson stated the first action item is the consideration ofthe Special Use Permit approval for Kriyesha, LLC, tax mapi #107D2-A-L77, more commonly known as 237 Main Street, Dayton, VA 22821. The SUP is for the reconstruction of a mixed commercial and residential building. The property is zoned B-1. A joint public hearing was held earlier tonight at 5:30 p.m. Mayor Jackson asked Councilperson Dyjak for the Planning Commission'srecommendation. Councilperson Dyjak stated that the Planning Commission recommended approval for the SUP as requested and stated that it is in accordance with Town Code Section 30- 374 and is consistent with the Comprehensive Plan with the amended condition: The exterior walls of the proposed structure shall be constructed of materials that are deemed to be compatible with the surrounding neighborhood, such as brick, stone, or  with a disability at the time the meeting is held.  ber recorded ini the minutes.  was physically present.  primary or central meeting location.  state ofe emergency as may be authorized by law, including without limitation  Virginia Code $2.2.3708.2  passed unanimously with a 6-0 all in favor vote.  wood. Vinyl and metal siding are expressly prohibited.    Mayor Jackson asked if there was any discussion. Councilperson Estes stated that she has concerns about expressly prohibiting siding materials when there are other structures in the area with those materials. She further stated that she had concerns about the adverse financial effects on the Patels by implementing these conditions. Councilperson Wolz asked if they were talking about the rebuild. Mayor Jackson stated that was correct. Mr. Wolz stated that he felt comfortable with the conditions being set but feels that the Town should assist them with offering a grant to help to offset some of the costs associated with the rebuild. Councilperson Dyjak asked staffi if they would be eligible for the Façade Enhancement Grant. Community & Economic Coordinator Roche stated that they would. However, it was further clarified that if the conditions were not met and if vinyl and metal materials are used in the front, they would not be eligible for that grant. Councilperson Estes stated that she simply wants to ensure that these conditions are feasible for the Patels and not too restrictive based upon comparisons with Jay Patel, the representative for the applicants, asked for clarification on the exterior conditions being set by Council. The Council members that continued their discussion. Mayor Jackson stated that he had concerns about the durability of vinyl siding. He suggested that Council consider allowing vinyl siding on the back and side but require that the bottom 8 feet of the front and alley-side of the property be constructed with a harder surface material to provide more durability and require less maintenance. Ms. Roche asked Council for a clarification on the 8 feet, was that on all sides? Mayor Jackson stated that it was not and specified that it would only be for the sides that had the vinyl. Councilperson Dyjak made a motion to add that amendment to the Planning Commission's recommendation for approval for the SUP and stated that this recommendation is in accordance with Town Code Section 30- 374 and consistent with the Comprehensive Plan. Councilperson Wolz seconded the motion. Mayor Jackson asked ifthere was any additional discussion. Councilperson Mathias questioned the 8 feet condition and stated that she felt that was a lot. Further discussion ensued and Council settled on a 5-f foot requirement and the motion was amended and seconded appropriately. The motion passed with a roll call vote of 6-1 and recorded as follows:  other downtown properties that were: not as restrictive.  DYJAK--AYE; PANNELL-AYE; JACKSON--AYE;  MATHIAS-AYE;  WOLZ-  AYE; ESTES--NAY.  ACTION ITEM: The next action item is the consideration of a Special Use Permit for Nathan Mathias, tax map #107-A-231, more commonly known as 3054 John Wayland Hwy, Dayton, VA 22821. The SUP is for the use of existing buildings as a welding and truck trailer equipment repair center. The property is zoned A-1., A Joint Public Hearing was held earlier this evening. Mayor Jackson recognized Councilperson Mathias to speak. Councilperson Mathias disclosed that she has ap personal interest in this permitting matter because the applicant, Nathan Mathias, is her husband and for that reason, she will refrain from voting and participating in any discussion related to the matter. Mrs. Mathias asked that her disclosure be included in the Minutes. Mayor Jackson asked Councilperson Dyjak for the Planning Commission's recommendation. Councilperson Dyjak stated that the Planning Commission's recommendation was for approval of the SUP with the condition that all exterior storage areas inçluding but not limited to parking areas, dumpsters, vehicles, materials and storage shall be located behind proposed structure and not visible from the adjacent highway. Mayor Jackson asked for a motion to approve the Special Use permit for Nathan Mathias asi recommended by the Planning Commission. Councilperson Estes sO moved and Councilperson Wolz seconded. The motion passed with a role call vote of 5-0, with one  abstention, recorded as follows: DYJAK--AYE; PANNELL-AYE; ESTES--AYE; WOLZ-AYE; MATHIAS-ABSTAIN.  JACKSON-AYE;    PUBLIC COMMENT: Mayor Jackson recognized Town resident Deb Crank of 363 College Street to speak. Mrs. Crank spoke about the Dayton Mini Mart and stated that the Council should have had an interpreter for the Patels. She also stated her opinion on the regulations set forth for the Patels and questioned ifit would be the same for others in Town. She chastised the Town for not reaching out to provide an interpreter as that was discriminating people from another country and stated that there might be a language barrier. She stated that they had limited funds to rebuild. Mayor Jackson recognized Town resident Ralph Hensley of 379 High Street. He echoed the sentiments from Deb Crank in support of the rebuilding of the mini-mart. He also thanked the Mayor Jackson recognized Matthew Shockey of 215 Eastview Street as the next to speak. Mr. Shockey stated that he had some more concerns about the sewer code changes that were brought forth last month and are being finalized with one oft the three scenarios this month. He felt that the three scenarios needed more clarification because of the disparity between them. Mr. Shockey also brought up the ADA compliant ramps that were installed this past summer. He understood that the responsible party for installing the ADA compliant ramps was VDOT of Staunton District Office Lastly, Mayor Jackson recognized Pastor Ted Schultz from the Lutheran Church next door to the Mini Mart to speak next. Mr. Schutlz stated that he wanted to share a few more words and stated that he was grateful that the flames didn't reach the church. He shared that with every dark cloud there is a silver lining. He had discussed with Mr. Patel how difficult it was trying to find housing for the ones displaced by the fire. Mr. Patel said that there was an upside to that, stating that everyone loves to live in Dayton, and they don't want to leave. Mr. Shultz said that this was a MANAGER'S REPORT: Town Manager Borne stated that there were a couple oft things he wanted to highlight from his report. He shared that National Night Out was well attended, a great event with good food. He commended ChiefTrout and his team for hosting the event. Mr. Borne said that he and Ms. Roche attended the Shenandoah Valley Internship Symposium on August 14 in Staunton atl Mary Baldwin. He updated Council to let them know that the compensation study has begun and that it will be used for the budget process. Mr. Borne shared that the auditors were here this week, and Christa and her team were working hard on the audit. Mr. Borne shared about the upcoming Open House and Ribbon Cutting for Hometown Pastoral Counseling Group and stated that they were all invited. It will bel held Wednesday, October 2, from 11 am to 1 pm and the POLICE REPORT: Mayor Jackson asked for a Police Report. ChiefTrout stated that the Council had his report and ift they had any questions, he was happy to answer. ChiefTrout clarified that in August, they were fully staffed. However, Officer Roadcap has moved on, so they are down one officer right now. He said that recruitment was going well. Mayor Jackson asked if! he had found the King Street signy yet. ChiefTrout said that they felt for certain it was a JMU fraternity and that  Town for the awareness of Suicide Prevention Month.  but felt that the Town needs to define the responsibilities more clearly.  charming little Town and hoped that the Patels could rebuild.  guest speaker will be Marsha Garst, the Commonwealth Attorney.  this was something that has been happening yearly around this time.  TOWN ATTORNEY REPORT: No Report    MAYOR AND COUNCIL REPORTS: Mayor Jackson asked Councilperson Dyjak fora report on Economic and Community Development and Finance. Mr. Dyjak shared that they had a productive workshop with POND and we are looking forward to what they have to share with us. Hei reminded everyone oft the Go Fund Me for the displaced residents that was still ongoing and to contact Nadia Dames for more information. Concerning Finance, he thanked Ms. Hall for immediately going from the Fiscal Year 25 Budget preparation to the Fiscal Year 24 Audit. Mayor Jackson stated there was no meeting with the Police orl Infrastructure. Councilperson Wolz stated that there was no meeting for Parks, Recreation, and Beautification. Mayor Jackson asked Councilperson Mathias for a Personnel report. Mrs. Mathias stated that the  committee met on August 27 to discuss staffing matters. UNFINISHED BUSINESS: Mayor Jackson  Mayor Jackson stated that there was unfinished business from August, the update on the Town Sewer Code. Council met earlier and discussed three scenarios during the work session. He asked the Council how they would like toj proceed. Councilperson Mathias made a motion to table it again as she needed more time and that she was a visual person. She stated that she needed more visuals to understand the sewer system better before she could make an informed decision, Town Attorney Bowman asked two questions to Councilperson Mathias, the first being to develop a better understanding of what staff needs to bring to Council to ensure that youl have the knowledge you need to make an informed decision. Councilperson Mathias stated she needed pictures. Town Attorney Bowman said that he felt quite confident they could accommodate that and asked her if Council wants all three versions or are we able to narrow it down? The last question would be, how soon would Council want it back sO that we can narrow down a date instead oft tabling it indefinitely. Councilperson Dyjak asked if we tabled it now, how does the Council feel about how the code currently stands? Currently the code states that the residents are responsible for 100% of the repair costs, which is scenario one. Mr. Dyjak asked ifthe Council was comfortable tabling this until October's meeting and ifanything should come up in the meantime that needs repair, are we Councilperson Estes thought that this matter had already been tabled and questioned the estimated Town Manager Borne responded that the Town is currently following scenario three, where the resident maintains the ownership oft the lateral, which is the line from the house to the main. The main, which is the Town's responsibility, is the line that transports everyone's sewer to the treatment plant. The lateral has always been the resident's responsibility. Councilwoman Estes questioned who typically pays for the replacement or repair of the sidewalk and pavement. Mr. Borne stated that typically what we do now is work with the contractor sO that the resident does not have to pay for the hauling, the use oft the dump truck, the VDOT fees and permitting and the backfilling. The Town works with the resident in aj partnership tol help reduce the costs that they must pay. The lateral is owned by the homeowner, which is standard for Dayton and most jurisdictions. As the Code is currently written, the reçent repairs would have fallen 100% on the  comfortable with staff saying that we will enforce Town Code.  costs and ifthe Town or the residents had paid for the recent repairs.  homeowner.  Town Attorney Bowman stated that this matter has been brought to Council to update the code, so it accurately reflects what the Town is currently practicing. Town Attorney Bowman stated that the Town Staff works at the direction oft the Town Council and one oft the ways that Council instructs Staffv what to do is through the Code and currently the Code, as written, indicates that the resident will be responsible for all costs associated with the repairs. This is why Staff has requested that the  Code: section be updated.    Councilperson Dyjak asked Councilperson Mathias to: restate her motion. Councilperson Estes interjected to make a motion to table this matter. Councilperson Dyjak clarified that motion was already on that table by Councilperson Mathias. Councilperson Mathias stated that she had not been able to adequately address Mr. Bowman's questions. She continued to state that she would be comfortable voting on this matter tonight ifs she can better understand it. Mayor Jackson asked Public Works Supervisor Jennifer Reppe to address the Council for more discussion to assist them  with fully understanding the process.  Ms. Reppe asked what information that Council would like for her to provide. Mayor Jackson asked ifs she could provide an explanation ofthe definitions ofa lateral and a main and the current process for replacing the lateral. Ms. Reppe explained that the sewer main is where everyone in the Town's liquids and solids meet. The lateral is what contains the liquids and solids from each individual residence. Councilperson Mathias questioned ifthe lateral is located on the resident's property. Ms. Reppe explained that the lateral will extend anywhere from a resident's home to wherever: it meets the main and that could bei in a resident's front yard ori in the Town's right of way in the middle ofthe road, depending on where the main is located. The issue the Staffi is trying to address is how to handle repairs when the main is in the right of way, the roadway, and not in an easement or a resident's yard. This is when the need to repair asphalt, sidewalks, etc. comes in. Councilperson Mathias asked ift there were ever any circumstances where the repair only affects the lateral and not the main and Ms. Reppe responded that that does happen in some instances. Mayor Jackson showed a picture ofal later and a main to Councilperson Mathias who stated that helped her to understand. She then asked about the money that had been set aside in the budget and what those funds were to be used for. Mayor Jackson replied that the Town has been allocating money for the main water and sewer lines. Council continued to further discuss replacing water lines and connecting the old lines to the new lines. Councilperson Mathias requested that her motion to table this matter be rescinded. Mayor Jackson then asked for a motion to accept the scenario three option for updating the Town Sewer Code. Councilperson Wolzi I replied sO moved and Councilperson Mathias seconded the motion. Councilperson Dyjak asked for Town Attorney Bowman to read scenario three for clarification. Town Attorney Bowman stated that he would read the Section 26-397- - Maintenance ofbuilding sewers, which reads as follows: The maintenance of building sewers shall be the responsibility oft the property owners or occupants ofthe building served by such building sewer, irrespective of whether such building sewer is located on private property or within the public right-of-way. Only the sewer main pipes shall be the responsibility oft the Town, and all laterals and other pipes extending from the tap into the public sewer main pipe to a building shall be deemed to be a part oft the building sewer, even iforiginally constructed ori installed by the Town. Ini the event that installation, maintenance, or repair work is required within the public right-of-way, the person performing such work must obtain prior written permission from the Town Manager or their designee. The property owner or occupant shall be responsible for all costs associated with repairing the building sewer, except that the Town may provide assistance with backfilling the The motion passed with a roll call vote of 5-1 which was recorded as follows: ACKSON--AYE; DYJAK- AYE; MATHIAS-AYE; PANNELL-AYE; ESTES- NAY; WOLZ--AYE.  trench and repairing disturbed pavement, sidewalks, or vegetation.    CLOSED SESSION: Mayor Jackson stated that Council needed to go into Closed Session as authorized by Virginia State Code Section 2.3-3711(A)(I) to discuss the hiring or appointment of specific public officers, appointees, or employees. The subject matter oft the closed session is discussion and consideration of candidates for appointment to specific public offices. In addition, a Closed Session as authorized by Virginia Code Section 2.2-3711(A)(3) for discussion or consideration ofthe disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy ofthe Town, and as authorized by Virginia Code Section 2.2-3711(A)(8) for consultation with legal counsel retained by the Town regarding specific legal matters requiring the provision ofl legal advice by such counsel. The subject matter oft the closed session is matters related to real property. Councilperson Dyjak made the motion and Councilperson Wolz seconded. The motion was approved by an all in favor vote of6-0 with no members absent. The Council convened into OPEN SESSION: At7:47 p.m. Council returned from closed session on a motion by Councilperson Wolz which was seconded by Councilperson Dyjak and passed by an all-in-favor CERTIFICATION: With respect to the just-concluded closed session, and to the best of each member's knowledge, only public business matters lawfully exempted from open meeting requirements underThe! Freedom ofInformation Act and 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 Council. Deputy Clerk Wade then proceeded to take a roll call, with each member as follows: DYJAK-CERTIFIED: PANNELL CERTIFIED; MATHIAS CERTIFIED; JACKSON- CERTIFIED; WOLZ- CERTIFIED; ESTES CERTIFIED. APPOINTMENT: Mayor. Jackson shared that an application for the Planning Commission had been received. Mayor Jackson asked for ai motion to appoint Lemoyne Henry to the Planning Commission for a term to expire on June 30, 2027. Councilperson Wolz made the motion and Councilperson Estes seconded. The motion passed with a role call vote of6-0 with no members absent. Recorded as follows: JACKSON-AYE; DYJAK-AYE; MATHIAS--AYE; ADJOURNMENTE With there being no further business to come before the Council, Councilperson Estes made a motion to adjourn. Councilperson Wolz seconded the motion, and it passed by an all in favor vote of 6-0 with no members absent. The meeting was adjourned at 8  aclosed session at 7:24 p.m.  vote of 6-0 with no members absent.  PANNELL-AYE ESTES-AYE; WOLZ-AYE  p.m.  Respectfully Submitted, C CaryJackson, Mayor  -   ls