Town of Pennington Gap Council Meeting Public Hearing-Budget Amendment September: 16, 2024 Record of attendance: Mayor: Council: 6:00PM Larry Holbrook Doug Alsup-by phone Jeff Martin-by phone Gary McElyea Terry Pope Jimmy Warner Keith Harless Brian Skidmore Tina Rowe Karen Maggard Greg Edwards Brandon Eads, Jessie Gilliam Rick Watson Tony Lawson Town Manager: Assistant Manager: Town Treasurer: Town Clerk: Town Attorney: Police Dept: Powell Valley News: Lee Theatre: Citizens: Greg Parks, Britni Baldi, Greg Parks. Jr. 1. Mayor Holbrook called the meeting to order at 6:00 PM and opened the Public Hearing. 3. Agenda- Terry Pope made al Motion to approve the agenda. Jimmy Warner seconded the 2. Prayer & Pledge of Allegiance- Tina Motion. Roll call vote as follows: Doug Alsup Larry Holbrook Gary McElyea Terry Pope Jimmy Warner Jeff Martin Aye Aye Aye Aye Aye Aye 4. Approval of Minutes- Jimmy Warner made a Motion to approve the minutes of August 26, 2024. Gary McElyea seconded the Motion. Roll call vote as follows: Doug Alsup Larry Holbrook Gary McElyea Terry Pope Jimmy Warner Jeff Martin Aye Aye Aye Aye Aye Aye 5. Payl bills- Larry Holbrook made al Motion to pay the bills as presented. Jimmy Warner seconded the Motion. Roll call vote as follows: Doug Alsup Larry Holbrook Gary McElyea Terry Pope Aye Aye Aye Aye 1 Town of Pennington Gap Council Meeting Public Hearing- Budget Amendment September 16, 2024 Jimmy Warner Jeff Martin Aye Aye 6. Citizen's Recognitions- a) Greg & Britni Parks have gathered. 215 signatures on a petition to have chickens in town. She explained that for 9 years they have had them with no complaints andi it has been healing for them helping with anxiety and contributing to his sobriety. They ask that counsel allow the chickens. Terry explained that iti is an ordinance of 39 plus years. b) Janie Perry came int to meet with Keith earlier today. 7. Unfinished business: a) Terry Pope made al Motion to close the Public Hearing. Gary McElyea seconded the Motion. Roll call vote as follows: Doug Alsup Larry Holbrook Gary McElyea Terry Pope Jimmy' Warner Jeff Martin Aye Aye Aye Aye Aye Aye Terry made a Motion to accept the budget amendments. Larry Holbrook seconded the Motion. Roll call vote as follows: Doug Alsup Larry Holbrook Gary McElyea Terry Pope Jimmy Warner Jeff Martin Aye Aye Aye Aye Aye Aye 8. New business: a) Appointment to Planning Commission-Terry Pope made a Motion to appoint Marie Byington.. Jimmy Warner seconded the Motion. Roll call vote as follows: Doug Alsup Larry Holbrook Gary McElyea Terry Pope Jimmy' Warner Jeff Martin Aye Aye Aye Aye Aye Aye b) ARCI Resolution-Doug Alsup made a Motion for al Resolution fori funding from ARC for the hotel site.. Jeff Martin seconded the Motion. Roll call vote as follows: Doug Alsup Larry Holbrook Gary McElyea Terry Pope Aye Aye Aye Aye 2 Town of Pennington Gap Council Meeting Public Hearing-Budget Amendment September16, 2024 Jimmy' Warner Jeff Martin Aye Aye 9. Monthly Reports: Monthly Reports s-Water, Sewer, Treasurer, Public Works, Police Dept., Fire Dept. Lee Theatre, Parks & Recreation (reports in council packets). Tony Lawson gave his update on upcoming season at the theatre. a) Police Chief-Matt Lawson's report is in the packet. b) Treasurer- Tina had no additional report. 10. Administrative Reports- Matt Lawson, Tina Rowe/Brian Skidmore/Keith Harless. c) Assistant Town Manager Report-Brian reported the St. Charles meter is still not being billed as they consult with the installer. He applied for a new ambulance to replace the d) Town Manager Report- Keith Harless' report is int the packet. Morgan Griffith's request fori funding has gone to the appropriations committee and expected to pass. Keith asked for additional funding from. AARPA and has a promise of $150k which will be at total of1 one with 300K miles. million. 11. Projects- a) Multi-purpose facility/ Conference Center funding- Tobacco Commission meets in b) Industrial Revitalization Fund ARPA Grante-Baley-RoDbins. Our project will be used by DHCD as a case study presentation. Windows are expected soon and the October deadline is still on track. Site work for the paving project was awarded. October to consider. c) Wastewater Treatment Plant Repair Grants- - DEQ/Lane- Brian covered in his report ii. WW pump station upgrade grant-DEQ/Lane d) Water Treatment Plant Structural Repair grant ii. WTP Telemetry Upgrade Grant-VDH/Mattern & Craig e) Water meter replacement Phase II- ongoing Lead and copper survey- ongoing - USDA/Mattern & Craig 12. Town Attorney-Greg has studied derelict building code in which there is an option to tax the property 10% more pery year until iti is repaired, then the owner can ask for credit. IfI located in an historic district, there is no credit. He will also relook at what was passed a few years ago. Wet then need an ordinance to address it. He has also spoke with the building inspector on county responsibility. 13. Council Member reports: a) Jeff had questions about the buildings that Greg had answered. b) Terry Pope reported the IDAI has given. Jonathan Lynch the go-ahead to occupy the Bailey-Robbins building when it is finished. He also noted the income on EMSis is improving but still down $140K overall. 3 Town of Pennington Gap Council Meeting Public Hearing- -Budget Amendment September 16, 2024 14. Closed session- At 6:40 PM, Terry Pope made al Motion to go into executive session pursuant to; Discussion, consideration, or interviews of prospective candidates fore employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation ofspecific public officers, appointees, or employees of any public body; ande evaluation of performance of departments ors schools ofp public institutions of higher education wheres suche evaluation will necessarily. involve discussion oft thep performance ofs specific individuals. $2.2-3711/A/3): Acquisition & disposition of property. Provides an exemption for: Discussion or consideration oft the acquisition ofr real property for a public purpose, or of the disposition ofA publicly heldi real property, where discussion inc an open meeting would adversely affect the bargaining position or Virginia Code Section 2.2-3711(A)(5) Discussion concerning a prospective business or industry or the expansion of an existing business ori industry where no previous announcement has been made of the business' Virginia Code. Section. 2.2-3711/A)(6) Discussion or consideration of the investment of public funds where competition or bargaining isi involved, where, ifmade public initially, thej financial interest of the $2.2-3711/A/1): Personnel. Provides an exemption for: negotiating: strategy oft the public body. ori industry's interest inl locating or expanding its facilities int the community. governmental unit would be adversely affected. Larry Holbrook: seconded the Motion. Roll call vote as follows: Doug Alsup Larry Holbrook Gary McElyea Terry Pope Jimmy Warner Jeff Martin Aye Aye Aye Aye Aye Aye At7:23 PM, Terry Pope made al Motion to reconvene to regular session. Gary McElyea seconded the Motion. Roll call vote as follows: Doug Alsup Larry Holbrook Gary McElyea Terry Pope Jimmy' Warner Jeff Martin Aye Aye Aye Aye Aye Aye Terry Pope made a statement to attest that nothing was discussed during closed session other than the issues stated. Roll call vote as follows: Doug Alsup Larry Holbrook Gary McElyea Terry Pope Jimmy Warner Jeff Martin Aye Aye Aye Aye Aye Aye 15. Council Action- none 4 Town of Pennington Gap Council Meeting Public Hearing-Budget Amendment September 16, 2024 16. Larry Holbrook made al Motion to adjourn the meeting. Terry Pope seconded the Motion. Vote was unanimous. The meeting adjourned at 7:24 PM. MAYOR LARRYH L ATTEST: KAREN MAGGARD, CLERK! Ea mt 5 CERTIFICATION OF CLOSED SESSION WHEREAS, the Council of the Town ofPennington Gap, Virginia has convened closed session meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions ofThe Virginia Freedom of Information Act; and WHEREAS, 2.2-3711 ofthe Code of Virginia requires a certification by this Council of the Town of] Pennington Gap, Virginia that such closed session was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Council oft the Town of Pennington Gap, Virginia hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia Law were discussed in closed session to which this certification resolution applies, and (ii) only such public business matters as were identified in the Motion convening the closed session were heard, discussed or considered by the Council ofthe Town ofPennington Gap, Virginia. VOTE: AYES: Terry K. Pope Gary McElyea Doug Alsup Larry Holbrook JeffMartin Jimmy Warner NAYS: (for each Nay vote the substance oft the departure from the requirements oft the. Act should be described) ABSENT DURING VOTE: ABSENT DURING CLOSED SESSION: MEETING DATE: September 16, 2024 fay MHL MAYORLARRY W. HOLBROOK