R 1811 Minutes of Council Meeting Buçhanan, VA May 13, 2024 Present: Mayor Tristan Harris Vice Mayor James Manspile Councilmember James Eubank Councilmember Rose. Jeter Councilmember Marlon Rickman Mayor Harris called thel May 13, 2024, Council Meeting to order at 7:00 pm. This meeting was held in the Town Hall. Town Clerk Claudine Stump took roll call. Withi five members of the Council present, a quorum was established. A moment of silence was held, and the Pledge of Allegiance was recited. Mayor Harris stated that hel had been running the Council meetings casually. The meetings have tended to devolve towards the end. Moving forward, the meetings will be more structured. Please wait until you are called on and sign up at the sign-up sheet that is at the entrance. Please treat the meeting with decorum. This is a Town business meeting. We want to hear everyone, please act accordingly. The first item on1 the agenda was approval oft the consent agenda which included the approval of the April 2024 Accounts Payable Vice Mayor Manspile made a motion to approve the consent agenda with as second from Councilmember Eubank. With no further discussion, the consent agenda was approved witha voteo of5-0. The next item ont the agenda was awards and recognitions. There were no recognitions. The next item on1 the agenda was citizen comments and petitions regarding agenda items. Ms. Pat Brooks, owner of the Hair Affair on Main! Street was thet first speaker. Ms. Brooks asked why Town Manager Peck was digging into old records and having Town Clerk Claudine Stump look for things to dig into things before you came? Why, when you are asked about things, do you: sayi ift theyl hadn'ti fired Harryt there would be enough to do the job? To the Town Council, what werey yout thinking when you agreed to an investigation on the Council in a public meeting? Mayor Harris stated when there are allegations of wrongdoing, it is the responsibility of the Shouldn'ti that have been done in a closed meeting? peers to investigate. An impartial investigation is being conducted. 3 Mr. Mark Lindsey of 19602 Main! St. was the next person to speak. Mr. Lindsey suggested that the people who organized the Civil War Weekend could be recognized for their efforts to Councilmember. Jeter made a motion to amending the New Business agenda to move the Planning Commission Appointment to thet top oft thel list with as second from Councilmember Eubank. With no organize the event. further discussion, the agenda was amended with a vote of5-0. The next item ont the agenda was New Business/Action Items/Public Hearings Thei first action item was the Planning Commission Appointment. Mayor Harris explained the need for another member on the Planning Commission, an overview of what the Planning Commission does, and whyi iti is important. Councilmember Jeter explained her involvement in bringing Mr. Trivellin to the attention of Council as a potential member oft the Planning Commission. Mr. Hunter Trivellin introduced himself and explained his reasons for wanting to join the Vice Mayor Manspile made a motion to approve Mr. Trivellin for the planning commission with a second from Councilmember Eubank. With noi further discussion, Mr. Trivellin was appointed tot the Planning Commission with av vote of5-0. Planning Commission. The next action item was the Fiscal year 2024-2025 Budget. Town Manager Peck explained what had been done with the budget and what would need tol be done when the new Town Manageri is hired. The changes that have been Town Manager Peck explained. some of thei issues Town staff are dealing with currently, some solutions for those issues, the changes in real estate, meals and occupancy taxes, placeholders put in the budget for projects, and other line items in the budget. Town Manager Peck stated the next steps fort the budget process. Councilmember Jeter asked why the miscellaneous expense is so high? Town Manager Peck explained that staff turnover and using an outside source has caused some expenses not to be coded. That willl be cleaned up whent the new: software Councilmember Jeter asked if the changes due to the gaming laws has been taken into Town Manager Peck: stated the revenues and expenses mya be over inflated for events. Vice Mayor Manspile made a motion to post the budget after the correction to the meals tax andi the Town Manager has double checked the numbers with as second from Councilmember Eubank. Mayor Harris asked for further discussion. Councilmember Jeter thanked Town Manager Peck for the work he has been doing to bring this Town into this century with new software, computers, and equipment. Vice Mayor Manspile thanked Town Manager Peck for breaking the events out into separate line items. With made per the Council's request. isset up. consideration? no further discussion, the motion was carried with a vote of5-0. The next action item was the Proposed Ordinance Language - Water Metering of Multiunit Complexes. Mayor Harris stated the reason for the proposed Ordinance amendment and the Mr. Mark Lindsey of 19602 Main St. asked for clarification on the metering at Factory Vice Mayor Manspile explained some of the issues Council has had with this entire Chris Witt of 19418 Main Street asked if this was a zoning change or Town Code change. Town Attorney Puvak: stated it is a Town Code change. Mr. Witt asked ift the County has the same requirement for individual metering. Mayor Harris stated that the County does havei the same requirement. Mr. Witt stated that applying for a special use permit has been what was done in the past to change what is in code. Other businesses have had to go throughi that process before, your may want to do this int this situation. Town Attorney Puvak: stated a Special Use permit is not viable fora a Town Code exception. ASpecial Use Permit is for Zoning exceptions. There are stipulations that Town Council has to approve any exceptions going forward. Councilmember. Jeter made a motion to approve the ordinance with the spelling corrections, and authorize the Town Attorney Puvak to finalize the financial agreement with a second from Vice Mayor Manspile. Mayor Harris asked for more discussion. With no further discussion, the motion was carried with a vote of5-0. Mr. Witt asked for clarification ofv whether this is a Zoning Ordinance or Town Code Town Attorney Puvak: stated Town Council acts either by resolution or ordinance. The Council gave a more detailed explanation of the requirements to get an exception under agreement with Factory Flats. Flats and the Brewery building. Mayor Harris read the proposed Ordinance Amendment. project. Ordinance? Town code was adopted by Ordinance. the changed code. The next action item was the proposed Agreements with Sycamore Development Company. Town Manager Peck explained the need fort the sewer extension and expansion for Factory Flats, and the shared cost agreement with Sycamore Development. Vice Mayor Manspile stated the entire cost for the project was to come out of the ARPA funds. He explained what the project will dot for the Town. Vice Mayor Manspile made a motion to do the cost sharing on a! 50/50 basis based on $325,000.00 with Sycamore Development for the Factory Flats sewer extension witha second from Councilmember. Jeter. Mayor Harris asked for further discussion. With no further discussion, the motion was carried with a vote of 5-0. The next action item was the Charter Change Town Hall meeting. Town Manager Peck stated this is to reschedule and find out what needs to be included fort the meeting. 5 Mayor Harris explained the process for changing the Town Charter, the original date for Mr. Mark Lindsey of 19602 Main Street asked if there could be as separate mailing to all Town Clerk Claudine Stump explained the current issues with mailing extra items and ther new water/sewer/garbage billing system and offered alternatives. Vice Mayor Manspile made a motion to have the Town Hall meeting on. June 13, 2024 at 7:00 pm ati the Buchanan Elementary School contingent ont the school being available with a second from Councilmember Rickman. Mayor Harris asked fori further discussion. With no further discussion, the motion passed with a vote of5-0. the meeting, and why it must be rescheduled. town citizens, or addi it tot the water bills. The next action item was the Reinvestment of Maturing CDs. Town Manager Peck explained the Town CDs and what he recommends for Councilmember. Jeter made a motion to keep 2 CDs at Bank of Botetourt (18780, 18706), put $200,000.00 oft the third one (18782) in the VIP (Virginia Investment Pool), and put the rest ($40,000.00 +/-)i into a CD: at Bank of the. James with a second from Councilmember Eubank. Mayor Harris asked fort further discussion. With no further reinvestment. He asked Councili for direction. Council discussed options forr reinvestment of the CDs. discussion, the motion passed witha a vote of 5-0. The next action item was the Park Bathrooms. Mayor Harris explained the vandalism issues and possible solutions at the Town Park Council discussedi thei issue and possible solutions such as signs for park hours and signs Mayor Harris made a motion to purchase signage for the park to curbi the vandalism before moving ont to other actions with as second from Councilmember Eubank. Mayor Harris asked for further discussion. With no further discussion, the motion passed with bathrooms. stating the park is under surveillance. avote of5-0. The next action item was the Town Parkl PA: Systems. Treasurer Eva Shannon explained the quotes or lack thereof fort the PA system from Vice Mayor Manspile explained Council gave due diligence to have apples to apples Vicel Mayor Manspile made a motion for Security Solutions be awarded the contract for the PA: system for the Town Park with a second from Councilmember Jeter. Mayor Harris askedi fori further discussion. With no further discussion, the motion carried with Security Solutions and Lee Hartman & Sons. quotes, but did not get them. avote of 5-0. The next action item was the Carnival Bands. Councilmember Rickman stated that Carson Scaggs has scheduledi the bands. 6 Town Clerk Claudine Stump stated Carson Scaggs is bringing the list this week. Councilmember Jeter explained why we need the band list. Mr. Mark Lindsey: suggested advertising int the Blue Ridge Magazine. The next item on1 the agenda was the Carnival Crazy Ball. Ms. Crystal Eubank explained her attempts to get her permits from the! 501c3 shei is Mayor Harris stated that Council would not be able to vote on which organization would be ablet to runt the games. Itis upt to the Carnival Committee. Oncet the decision isn made, al lease agreement willl be made between the! 501c3 and the Town. Mr. Daniel Bratcher of 210 Boyd Street asked ift the Bingo equipment had been Council and the Treasurer explained the new equipment that had been purchased. Mayor Harris made a motion to execute al lease agreement with Crystal Eubank's organization for the building to run Crazy Ball with a second from Vice Mayor Manspile. Mayor Harris asked for any discussion. With noi further discussion, the motion carried with a vote of 4-0. Councilmember Eubank Abstained from the vote. trying to help out for the Crazy Ball game for Carnival. updated. The boards were not working last year. The next item ont the agenda was staff reports. Mayor Harris asked for any questions on the monthlyreports. There were no questions. The next item ont the agenda was citizen comments and petitions on non-agenda items. There was no one: signed upt to speak. The next agenda item was additional comments from Council Members Vice Mayor Manspile stated BTEC has completed the park buildings. Theywill be delivered May Vice Mayor Manspile discussed things that were in the April 8, 2024 Council Meeting. Vice Mayor Manspile stated his position on the discussion during the April 8, 2024 Council Councilmember. Jeter stated her position on the discussion during the April 8, 2024 Council Mayor Harris stated the discussion should be tabled. There would be no good to continue the Vice Mayor Manspile's mother-in-law gave her opinion on what Vice Mayor Manspile does for Steve Grigg of 19505 Main Street statedi that the crux of this conversation is whether things are being done properly. The Town is supposed to bei in a position of leadership. That means doing things correctly. Just because things have been done a certain way ini the past, does not make it Steve Lindsey 19602 Main Street stated thati in business, when brainstorming a problem, the first thing yous sayi is whati is the worst that will happen if we continue the way we have been. All 14,2 2024. Meeting. Meeting. discussion. the Town and how he is beingt treated. right. 7 ideas are considered when brainstorming. Mr. Lindsey asked ift there was al backup plan ifs some Councilmember. Jeter responded to Mr. Lindsey's comment about business. Government and Vice Mayor Manspile stated that there was no malicious intent to do anything wrong. Hunter Trivellin of 75 Southwest Ave. stated that any elected official is morally obligated to what isc correct. You might not like it, buty you doi it, grow, and move forward. Mayor Harris stated that in accordance with: section 2.2-3711-A1 oft the code of Virginia, Mayor Harris made a motion that Town Council convene in closed sessioni to consider a personnel matteri involving the hiring of an Interim Town Manager with a second from' Vice Mayor Manspile. With noi further of the! 501c3's cannot get their gaming licenses to run the games? business are 2 different things. Council took an oath. discussion, the vote was carried with a vote of! 5-0. Closed: session began at 9:24pm. Council returned from closed session at 9:39pm. Mayor Harris stated the certification oft the meeting based on thet freedom ofl Information Act and asked each Councilmember for their certification. Councilmember Eubank stated yes, Vice Mayor Manspile stated yes, Mayor Harris stated yes, Councilmember Rickman stated yes, Councilmember Jeter stated Vice Mayor Manspile made a motion to approve the resolution ratifying and appointing Interim Town Manager Earl Mathers with as second from Councilmember Eubank. Mayor Harris read the Resolution. With noi further discussion, the Resolution was approved with a roll call vote of5-0. Mayor Harris made ar motion to adjourn the meeting with a second from' Vice Mayor Manspile. Mayor Harris askedi for further discussion. With no further discussion, the meeting was adjourned withavote yes. of5-0. Adjournment was at 9:42pm. Respectfulysubmite.s, Claudine Stump, Clerk - : Tristan Harris, Mayor 8 RESOLUTIONR24-0513-05 a 181 At a regular meeting oft the' Town Council oft the' Town ofl Buchanan held at the Buchanan Town Hall on the 13th day of May,2024 beginning at 7:00 p.m.: MEMBERS: Tristan Harris, Mayor James Manspile, Vice-Mayor James Eubank Rose. Jeter Marlon Rickman VOTE: YES YES YES YES YES Onn motion ofVice Mayor Manspile, which carried by a vote of5-0, the following was adopted: A Resolution Ratifying and Confirming the Appointment of an Interim Town Manager (Earl! Mathers) Whereas, A. Reese Peck is currently serving as Interim Town manager and his appointment as Whereas, the' Town has an existing agreement with the Berkley Group, LLC: for non- Whereas, the' Twon Council desires to contract with thel Berkley Group, LLC toj provide an interim town manager for a temporary term, and on aj part-time basis, while the' Town Council Whereas, Mr. Earl Mathers will bet thei individual assigned toj provide services to the Town as Whereas, Mr. Mathers has accepted the position in accordance with the terms and conditions of the existing agreement with the Berkley Group, as: modified by Work Order 3: Interim Town Manager Services, dated April 18, 2024 and attached hereto as Exhibit A; Whereas, iti isi in thel best interest oft the' Town of] Buchanan that the' Town Council ratify and confirm Mr. Mather's appointment as. Interim Town Manager; and Whereas, the Town Council oft the Town ofBuchanan seeks to provide continuity and stability to the: residents of Buchanan during the transition and search process. Town Manager will end on Friday, May 17,2024; professional services; selects aj permanent replacement town: manager; the Interim Town Manager; 1 RESOLUTION R24-0513-05 Now, therefore, bei it resolved, that the Town Council oft the Town ofBuchanan hereby ratifies and confirms in all respects the appointment of] Earl Mathers as Interim Town Manager effective Monday, May 20, 2024. AYES: NAYS: ABSTAIN: 5 0 0 APPROVED: Tristan ATTEST: - Harris, Mayor Paudidiimp Claudine Stump, Town Clerk 2 Resolution R24- 0513-05 Exhibit A See attached WORK ORDER: 3: INTERIM TOWNI MANAGER. SERVICES TOWN OF BUCHANAN,VA APRIL18,2024 Berkley Group will provide Interim' Town Manager Services to the' Town of Buchanan, VA. Mr. Earl Mathers, Executive Manager, will be the individual assigned to provide these services. Interim Town Manageresponsipimtes willi include the following: Manages major projects and performs contract and certification administration on Reviews and recommends proposed departmental operating budgets; prepares and submits the proposed Town budget to the Council; administers approved budgets; Serves as liaison on behalf of the Town; engaging citizens; receives, researches, and Attends and participates in Town Council meetings, advising and providing necessary Identifies and forecasts future needs oft the Town; advises the Council regarding policy decisions; engages ini research and development tofp policyand implementation of policy behalfofthe' Town. Assigns, directs, reviews, and trains staffwork. authorizes approved expenditures. responds to citizen complaints and inquiries. information. changes across the organization. Assumptions: In accordance with the contract, the' Town shall defend the Berkley Group: and its respective staffi in anyl legal proceedings by a third party arising out oft thej performance of Schedule: Beginning no earlier than May 15, 2024, it is anticipated that Mr. Mathers will be available to deliver services up to three (3) days of on-site work per week and additional off- site work, as needed. This worko orderwill: remaini ine effectf forupt tot three (3) months. Thiswork order may be extended or terminated upon mutual agreement byl both parties. Fee: Thel hourly rate for this worki is $130/per hour. Any lodging will be reimbursed at direct cost. Mileage to and from Mr. Mathers' residence in Staunton, VA will be reimbursed at the duties on behalfoft the Town. prevailing IRS rate ora' Town vehicle willl bej provided tot thel Interim. Wea arei in agreement with thes services and basis forf fee determination int this Scope of Services for Interim Town Manager and hereby grant the consultant notice to proceed for the work herein specified. Mr.' Tristan Harris, Mayor Date