Council Meeting! Minutes..  .October 15, 2024  315.  TAPPAHANNOCKTOWN COUNCILMEETING  OCTOBER 15,2024 7:001 P.M.  PRESENT Mayor: Vice Mayor: Council Members: Town Manager: Assistant' Town Manager: Town Clerk: Town Attorney: ChiefofPolice: VISITORS Delegate Keith Hodges CALLED' TO ORDER Mayor Gladding called the meeting to order. MINUTES. APPROVED  Roy M. Gladding Anita. J. Latane Kay Carlton Carolyn Barrett Fleet Dillard Kenneth Gillis Troy L. Balderson Eric S. Pollitt James Knighton Patsy K. Scates M.Tolley Gwinn Thomas Carter  Jovita Kelly, Historic Downtown Main Street  On motion of Kenneth. A. Gillis, seconded by Anita. J.I Latane, Council voted unanimously to approve the September 9, 2024, Public Hearing Meeting Minutes and the September 9, 2024 Council Meeting  Minutes. Votes were cast as follows: Kay Carlton: Carolyn Barrett: Fleet Dillard:  Aye Aye Aye  Kenneth. A. Gillis: Troy L. Balderson: Aye Anita. J. Latane:  Aye Aye  COMMITEEREPORIS Water and Sewer  Wastewater Treatment Plant Month of September: 2024  September2024 gallons discharged.  Treatment plant had an average daily Final Effluent flow of.349MGD with a total of 10,467,000 million  -All nutrient results for the month of September are within our permit required limits. September DMR will be completed and submitted before October 10". -August plant switch over is still running smooth, with noi issues tor report.  -Plant! had a minor disruption with process, a RAS flow meter stopped working, and repairs needed/ -One oft the main generators needed to be repaired, repairs have been done and unit is working properly. -Nothing to report for water, J.B. isi inc control of watera as of September, ifJ.B. needs assistance with Transition of Adam leaving andl taking over has gone very smoothly, I see everything running smoothly  repairs are complete and unit is operating normally.  water we willl helpi ifneeded. from here on out.    Council Meeting Minutes..  October 15, 2024  316.  Public Works Month of September 2024  Thel Maintenance Superintendent does not have anything to report for the month of September 2024. Mayor Gladding asked Council Member Gillis ifhe had anything to addt tot the report.  Council Member Gillis did not have anything to add.  Public Facilities  Mayor Gladding recognized Council Member Balderson. Council Member Balderson stated he did not have anything to report.  Historic Downtown Tappahamnock  Jovita Kelly, Historic Downtown Tappahannock informed the Council members about the upcoming events. Shes stated the Historic Downtown Tappahannock is getting ready to purchase (with grant funds)a kioskt to be located in Central Park once they get the okay from Town Manager Pollitt. Vice Mayor Latane stateds she met with Town Manager Pollitt and reviewed the financial reports, and we FIMANCIALREPORT: APPROVED FORI MONTH OF SEPTEMBER: 2024 Onr motion of Carolyn Barrett, seconded by Kay Carlton, Council voted unanimously to approve the  Finance  arei ing good financial shape.  financial report for the month of September 2024.  Votes were cast as follows: Kay Carlton: Carolyn Barrett: Fleet Dillard:  Aye Aye Aye  Kenneth A. Gillis: Troy L. Balderson: Aye Anita. J.I Latane:  Aye Aye  DELEGATE KEITH HODGES Mayor Gladding recognized Delegate Keith Hodges.  Delegate Keith Hodges thanked the council members for their hard work. He reported we are now considered the 68" District int the general assembly. He discussed the budget, bills and resolutions that were introduced int the general assembly. He discussedt the need for opportunities for high paying jobs for thei folks int the area. He reported the blue catfishi is the number one threat to the Chesapeake Bay because they will eat anything such as shad fish, rockfish, crabs, crabs, musk rats and ducks. He reported he created the Governors Opportunity Catfish fundt to help decrease the population oft the blue catfish in the Delegate Keith Hodges discussed the living shoreline, dredging and permitting issues with State agencies,  river by selling the blue catfishi tob be consumed because itis delicious fish.  and solar panels issues.  Delegate Keith Hodges asked for any questions.  Mayor Gladding thanked Delegate Hodges for updating the council members.  Town Manager Report  Town Manager Report 10/15/2024  Strategic Objectives Next 61 Months for Year 2024 1. Complete architectural plans for structures at Central Park. 2. Start construction for Phase I of Hoskins Creek. 4. Complete water system mapping project.  3. Finish Industrial Park design and engineering. (identify funding and implementation options)    Council Meeting Minutes..  October 15, 2024  317.  5. Finalize Phase 2 engineering of sewer project andi identify funding sources.  Ongoing Major Council Initiative Projects  1. Central Park Project Thep park playground isi now open. Staff are working with architects to complete the restroom and pavilion structure plans before the end oft the year. 2. Water System Mapping - Staff are working with CHA Solutions on a small list of outstanding questions to close out the grant later this month. The map will continue tob be updated with more 1. Boating Infrastructure Grant (BIG Grant) -The" Town finally received a notice of award for ust top proceed with permitting and design, but not construction. This is still great news. Now these expenses will become eligible for reimbursement through the grant. ii. Shoreline Restoration- - Construction started October 7h. The substantial infrastructure aspects oft the project are anticipated to take 45 days to complete. Wetland plantings will bei installed either before winter or early next spring. iri. Rec. Access Rd. - VDOT staff willl be reviewing the road plans this month. The total amount oft time itv will take for review is estimated to be 45 days.  detaile even after the granti is closed out.  3. Hoskins Creek  5. OldAirport Development  Site Design' VEDP-TRCI Engineers will attend the October Council meeting to discuss the site and potential implementation options. When tos start construction of the property  willl be discussed att the upcoming Council Retreat in October.  Other Initiatives inl Progress  1. Thel Fall Retreat willi focus on of goal setting for the years 2025-2026. The date of Wednesday October 30th has been selected. The retreat will start at 5pm and last until 9pm. Retired Manager/Administrator Kim Payne from the Berkley Group willl be facilitating the retreat. 2. Tourism Program Staff! has updated the events page ont the Vvisitappahamnock.com: website. 3. Fleet! Management- A new pumpt truck will be purchased for the General Services Department. Purchase and financing documents will be presented in October to the Council. 4. Sewer Rehab Phase 2 Project- - CHA is draftinga a Phase 2 report for our sewer infrastructure needs. This willi include a variety of upgrades such as completing the lining and manhole work for downtown, and pump station repairs withe electrical upgrades. Engineering design is anticipated to be 5. Riverr realm - Staff met with Virginia's River Realm participants in late August. Staff are waiting for . Town Code and Zoning Text Updates - Staff will begin working on updates to our zoning text and sections of Town Code. We willa aim tol have these changes adopted at one publici meeting.  finished in 2025 and construction for the next phase tos start in 2026.  an agreement tol be reviewed and approved.  Community Development Report  Monthly Report September 2024 Community Development and Zoning Administration  PLANNING COMMISSION/PO  The PC monthly meeting was held on October 2, 2024.  The Commission is continuing their work on updates tot the Short Term Rental and Mural Ordinance. Public hearings willl bes scheduled on these items in the coming months. Draft mural ordinance was presented to the PC in September andi isi includedi iny your Council  Packets for further discussion.    Council Meeting Minutes..  .October 15, 2024  318.  Draft short term rental ordinance was presented tot thel PC on October 2nd. Draft language will be presented to Council att their November meeting with hopes ofs scheduling a Joint Public Hearing  in December.  BOARD OF ZONING APPEALS(BZA) The BZA did not meeti in October.  LARGER PROJECTS  Town/County Boundary At the TC meeting on February 12" TC: approved the recommended "pink" boundary line ast the acceptable town/county boundary line. Itis the goal to ensure that the original town boundaries, as reflected on the Official Zoning Map dated September 16, 1993, arel honored, and maintained. On February 13,2024, Essex County's agenda included the discussion of thet town/county boundary clarification. At this meeting the County did not take action, asking staff andt the County Attorney to clarify a few questions. During this review further research has been takent to evaluate the September 29, 1975, Annexation document (Reference Law Order Book 141 pgs. 97+). Thist review is on-going. County has indicated: a desire to wait until after. July 1,2024, tor resume these discussions. Still awaiting response from County. Public Maintenance Facility/Access Roads - Staff provided Dr. Thomas and his team a summary regarding the proposed boundary plat and alternative road alignments submitted tot the Town for consideration. The summary outlined the findings and recommendations based on a review by VEDPGrant- Staffo continues to coordinate with TRC, the Town's consultant engineers. Site design is virtually complete and will be sent to various agencies for review. Staff has started the process for grant closeout and begun looking for potential funding sources for site construction. FEMA - The FEMA Community Action Visit (CAV) visit was conducted March 19-21.A summary report from FEMA has been received outlining the corrective action plan witha requirement to respond 60 days from April 24, 2024. The Town's legal counsel ands staffh have worked with the Berkley Group to form a response tol FEMA and provide service tot the Town for administration oft the Town's Floodplain Ordinance. AI meeting has been scheduled with FEMA, Thel Berkley Group, Sands Anderson and Town Staff on October 10,2024, to review our Berkley Group The Berkley Groupl has assisted the Town in reviewing and drafting the mural ordinance, tracked the action by the Governor as related to short-term rentals and prepareda summary memo and drafts short term rental ordinance for review, and responded to FEMA for the MPPDC- The Monthly planners' meeting was cançeled in lieu ofa meeting with Virginia Department of Health for updates on the transition oft the Chesapeake Bay Act septic pump out Starbucks - construction is underway, Signs, water connection and sewer connection have all been approved. Tap wasi made successfully on Town waterline int the middle of August. Water meter has been installed and paving has been completed. Interior buildout should begin int the Fitzgerald's! Sports Bar Zoning and Sign permits have been issued. Waiting on revised plumbing plan tos showi inclusion ofdishwasher: and dishwasher drainl line being routed through the grease interceptor. Noi further update on progress att this site. No building permits have been Robles Cantina at 1607 Tappahannock Blvd. (formerly Shoney's Restaurant). Rose Umana and Saul Garcia. Zoning permit has been issued including an alternative grease Interceptor. Grease interceptor design was changed from original approval. Waiting for updated information from their engineer to confirm adequacy. Essex County has issued a Certificate of Occupancy. Ar new site plan hadb been received for the Primis Bank property located at 307 S Church Ln. The proposed usei isa Convenience store. Initial review oft the site plan has been completed with Assistant Town Manager Knighton reviewed some items that have changed since he wrote the Community Development Report. He statedt the Planning Commission approved toi move forward with draft language oft the Short-Term Rental Ordinance sol he willl be bringing the document before Council in  the Town's Consulting Engineers, TRC.  corrective: action plan.  CAV.  COORDINATION WITHOUTSIDE AGENCIES  program. NEW ACTIVITY  coming weeks. issued att this time.  Restaurant should be open in the next month.  revisions requested. We are waiting for the second submittal.    Council Meetingl Minutes..  October 15, 2024  319.  November for review. He stated the Townl had an auditi from FEMA required the Town to do a corrective action plan. He stated the Berkley Group took care oft the corrective action plan. He stated it was submitted tol DCR and FEMA Staffa and a meeting was scheduled for last week for discussion but because  oft the weather disasters the meeting was postponed until October 31,2024. Chief Carter askedi ifthe council members had any questions regarding his report.  Tappahamnock. Police Department  There were none.  NEWI BUSINESS  CHESAPEAKE GATEWAY COMMITTEE  Mayor Gladding asked Council Member Carlton ifs she was the Town's representative tot this committee. Council Member Carlton stateds she was, but the Chesapeake Gateway Committee is requesting thata a Town Manager Pollitt stated unfortunately a person from the Town Staff does not have the time to attend. MOTION FOR COUNCIL MEMBER KAYCARLTON TO RESPRESENT THETOWN Oni motion of Fleet Dillard, seconded by Carolyn Barrett, Kay Carlton shall be a representative to the  Town staff person attendt the meetings.  ON THE CHESAPEAKE GATEWAY COMMITTEE. Chesapeake Gateway Committee on behalf oft the Town ofTappahannock.  Votes were cast as follows: Kay Carlton: Carolyn Barrett: Fleet Dillard:  Aye Aye Aye  Kenneth. A. Gillis: Troy L. Balderson: Aye Anita. J. Latane:  Aye Aye  USDA-RD RESOLUTION. ANDI DOCUMENTS TO BE. APPROVED FOR VACCUM Onr motion of Carolyn Barrett, seconded by Anita. J.I Latane, Council voted unanimously to adopt and approve the USDA-RD Resolution and documents to obtain financial assistance from the USDA-RDto  PUMPT TRUCK  purchase a vacuum pumpt truck.  USDA-RD RESOLUTION OF GOVERNING BODYOF  TOWN OFTAPPAHANNOCK  The Governing Body oft the Town of Tappahannock, consisting of71 members, ina duly called meeting held ont the 15th day of October 2024, at whichac quorum was present RESOLVED as follows: BEI ITI HEREBY RESOLVED that in order toi facilitate obtaining financial assistance from the United States ofA America, United States Department of Agriculture, Rural Development (the Government) in the purchase ofa vacuum pumpt truck, the Governing Body does hereby adopt and abide by all covenants contained int the agreements, documents, and forms required by the Government to be BEITF FURTHER RESOLVED that the Town Manager, Eric Pollitt, oft the Town of Tappahannock be: authorized to execute on behalf of GOVERNING BODY the above- referenced agreements, documents, andf forms and to execute such other documents including, but not limited to, debti instruments, security instruments, and/or grant agreements as may be required in obtaining the said This Resolution isl hereby entered intot the permanent minutes oft the meetings oft this Board.  executed.  financial assistance. Votes were cast as follows: Kay Carlton: Carolyn Barrett: Fleet Dillard:  Aye Aye Aye  Kenneth. A. Gillis: Troy L. Balderson: Aye AnitaJ J.I Latane:  Aye Aye  SUMMIT DESIGN AND ENGINEERING SERVICES    Council Meeting! Minutes..  October 15, 2024  320.  On motion of Troy L. Balderson, seconded by Carolyn Barrett, Council voted unanimously to grant approval to Town! Manager Pollitt and Assistant Town Manager Knighton to obtaint the services of Summit Design and Engineering Services to update the Town of Tappahannock Zoning Ordinance.  Votes were cast as follows: Kay Carlton: Carolyn Barrett: Fleet Dillard:  Aye Aye Aye  Kenneth. A. Gillis: Troy L. Balderson: Anita J.I Latane:  Aye Aye Aye  DRAFTMURALORDINANCE  Mayor Gladding recognized. Assistant Town Manager Knighton.  Assistant Town Manager Knighton reported the council members havei in their packet a draft oft the mural ordinance document. He statedt the proposed ordinance would regulate the mural ordinance in7 Town and allow them in the CC-1,CG-2, and Industrial Zoning Districts by right and by Special Exception in R-3 and R-4. He reported int the Historical Overlay District it would come before the Historical Overlay Committee for consideration. He stated the language inr red ist the proposed new language. Assistant Town Manager Knighton askedt the council members to review the draft mural ordinance because he is proposing tol have a. Joint Public Hearing on November 12, 2024. He asked ift the council members had any proposed language changes top please let him know priort tot the meeting. He asked ifit Thec council members confirmed it was okay tos set a. Joint Public Hearing will be set for November 12, Oni motion ofl Troy L. Balderson, seconded by Anita. J. Latane, Council moved to approve the Central Council Member Dillard stated he feels a discussion isi in order. He stated the council members were presented with phase 2 oft the plans for Central Park, and he stated the motion stated the implementation plan. He askedi ifthei implementation plans were for permitting ori isi it for the implementation for Town Manager Pollitt stated the move top proceed with submitting the design plans to Essex County before. January 2025 as discussed int the work session. He stated itisr not financially feasible to construct alls structures at once so the firstf focus should be on the restrooms building and the other buildings ata later date. Hes stated before any construction he would have a conversation with the council members on  was okay tos schedule the. Joint Public Hearing for November 12, 2024.  2024.  510ARCHITECTS CENTRALPARK MPLEMENTATION PLAN  Park Pavilion implementation plan as presented. breaking ground andf for approving the funds.  how the Town will pay fori it.  There was some discussion about clarifying the motion. Council Member Balderson amended his motion to state:  MOTION: TOSEND ALLCENTRAL PARK: PLANS PRESENTED IN WORK SESSION On motion of1 Troy L. Balderson, seconded by Anita. J.I Latane, the Council voted unanimously to have all the Central Park Plans presented int the work session presented tol Essex County for permitting.  TO1 ESSEX COUNTY  Votes were cast as follows: Kay Carlton: Carolyn Barrett: Fleet Dillard:  Aye Aye Aye  Kenneth A. Gillis: Troy L. Balderson: Aye Anita. J.I Latane:  Aye Aye  MOTION FOR CLOSED SESSION  On motion ofl Troy L. Balderson, seconded by Carolyn Barrett, Council voted unanimously to convene 1. The first subject matter of the closeds session shall be an update on the Stankewitz litigation. The purpose oft the closeds sessioni ist to consult with legal counsel ini regard to actual litigation, and such consultation or briefingi inc open meeting would adversely affect the negotiating orl litigating posture of  into a closed meeting to discuss the following four (4) subjects.  the public body, pursuant to 2.2-3711(A)(7).    Council Meeting! Minutes..  .October 15, 2024  321.  2. The second subject matter oft the closed session shall bet the annual evaluation oft the Town! Manager. Thep purpose of the closed sessioni ist to evaluate the performance ofas specific public officer, 3. Thet thirds subject matter oft the closeds session shall bet to discuss the construction at Hoskin's Creek. The purpose of the closed session ist to discuss the award ofa public contract involving the expenditure ofp public funds, including interviews of bidders or offerors, and discussion oft the terms ors scope ofs such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to 2.2-3711(A)(29). 4. The fourth subject matter oft the closed session shall bet to discuss the collection ofc delinquent meals taxes. Thep purpose oft the closeds session ist to consult with legal counsel employed or retained bya a public body regarding specific legal matters requiring the provision ofl legal advice by such counsel,  appointee, ore employee oft the public body, pursuant to 2.2-3711(A)(I).  pursuant to 2.2-3711(A)(8). Votes were cast as follows: Kay Carlton: Carolyn Barrett: Fleet Dillard:  Aye Aye Aye  Kenneth. A. Gillis: Troy L. Balderson: Aye Anita. J.1 Latane:  Aye Aye  MOTION FOR CERTIFICATION The closed session was reconvened. at 8:40 p.m.  On motion of Troy L. Balderson, seconded by Anita. J.I Latane, move to certify, by roll call vote, that to thel best ofe each member'sknowledget (i) only public business matters lawfully exempted from open meeting requirements undert this chapter and (i) only such public business matters as were identified int the motion by whicht the closed meeting was convened were heard, discussed ord considered int the meeting by the public  body. Certification as follows: Kay Carlton: Carolyn Barrett: Fleet Dillard:  Aye Aye Aye  Kenneth. A. Gillis: Troy L. Balderson: Aye Anita. J.I Latane:  Aye Aye  MOTIONTOCRANTIONN MANAGER POLLITT ON TIME BANK OFF FIFTEEN(15) Onr motion of Troy L. Balderson, seconded by Fleet Dillard, Council voted unanimously to grant" Town  DAYSOFANNUALLEAVE  Manager Pollitta a one-time bank of fifteen (15 days) to his annual leave.  Votes were cast as follows: Kay Carlton: Carolyn Barrett: Fleet Dillard:  Aye Aye Aye  Kenneth A. Gillis: Fleet Dillard: Anita. J. Latane:  Aye Aye Aye  MOTION' TOAMEND TOWN MANAGER CONTRACTTO FOLLOW CURRENT Oni motion of Fleet Dillard, seconded by Kay Carlton, Council voted unanimously to amend" Town Manager Pollitt contract to follow current personnel policy as prepared by Counsel.  PERSONNELPOLICYASI PREPARED BY COUNSEL  Votes were cast as follows: Kay Carlton: Carolyn Barrett: Fleet Dillard:  Aye Aye Aye  Kenneth. A. Gillis: Aye Fleet Dillard: Anita. J.I Latane:  Aye Aye  There being nof further business, the meeting was adjourned around 8:50p p.m.  PAtsy  ByAS  Slr