MEETING MINUTES OF THE BROADWAY: TOWN COUNCIL Tuesday, December 3, 2024 7:00 p.m. 1 The Broadway Town Council met in regular session on Tuesday, December 3, 2024, in the Council 2 Chambers oft the Broadway Town Hall. The following members were present: Mayor David L. Jordan, 3 Vice-Mayor Beverly L. London, and Council Members Chad L. Comer, Richard E. Fulk, Douglas W. 5 Thei following staffmembers were] present: Town Manager, Stefaniel McAlister, Town Clerk Donnal Lohr, 8 Mayor Jordan welcomed all citizens tot the' Town Council meeting. He then called the meeting to order at 4 Harpine, and Joan) H. Shifflett. 6 Acting ChiefofPolice, Joe Ritchie, and' Town Attorney Matthew) Light. 9 7:00 p.m. with the Pledge of Allegiance followed by the invocation. 7 10 11 Approval ofMinutes: 12 Mr. Chad L. Comer moved to approve the minutes of the November 7, 2024, Town Council 13 Workshop Meeting and the November 12, 2024, Town Çouncil Meeting. Mr. Richard E. Fulk 14 seconded the motion which was approved with the following recorded roll call vote: 15 16 17 18 19 20 21 22 23 Joan H. Shifflett (Ms. Slifletabslaine4, stating that she was not yet serving as a Town Council member Travis M. Driver Beverly L. London Douglas W. Harpine Abstain Richard E. Fulk Chad L. Comer David L. Jordan Aye Aye Aye Aye Aye Aye 24 Public Comment: 25 Mayor. Jordan opened thej public comment period ofthe meeting. Mayor. Jordan advised citizens that there 26 isat three-minute time limit per citizen, and citizens may speak one time peri meeting. He asked citizens to 29 Mr. Amundsen stated, "Let's talk trash for a minute. At4:45 a.m., Iheard the trash trucks pulling up on 30 Meyers Court. Usually it's7:00a a.m., which is ok to me. But 4:45, waking up the dogs and waking up us, 31 it's not very appreciated. Did. something change in their contract? Iti is supposed to be no later than 7:00 34 Mr. Chad Comer advised that a staffi member would contact Waste Management and find out, 35 Ms. Lohr, Town Clerk, responded that after receiving several calls from citizens on Monday, December: 2, 36 2024, shel had contacted Waste Management via email regarding how early they had: started collecting trash, 37 and inquiring ifs something had changed. She also had reminded Waste Management that there is a noise 38 ordinance: in' Town. Ms.Lohr advised that Waste. Management. had not yeti responded tol her email inquiry. 40 She stated, "Tvel had several people ask me. You know our Broadway High School Cross Country boys 41 have made us proud, and they've asked if we are going to put a sign up saying that they won the 43 MayorJordan responded, "That'sag great question. Idon'tknow whoj provided the current signage thati iso on 44 Springbrook. Idon'tk know ifthe' Town does that or had any impact. But we'll follow up on it." 45 With no further comments from thej public, Mayor. Jordan closed thej public comment: section ofther meeting 27 state their name and address when they come to the podium to speak. 28 The: first citizen to speak was Mr. Michael Amundsen, 311 Meyers Court. 32 a.m." 33 Mayor. Jordan advised that he was unaware ofany changes tot the contract. 39 The next citizen to speak was. Ms. Elizabeth Fawley, 358 Copper Drive. 42 championship for the cross country state." 46 at' 7:06 p.m. 47 48 Old Business: 49 Mayor. Jordan asked Council and staff members ifthey had any old business to discuss. 50 Ms. Joan Shifflet stated that she was not yet serving as a council member at the November 7, 2024 MEETING MINUTES OF THE BROADWAY TOWN COUNCIL Tuesday, December 3, 2024 7:00 p.m. 51 workshop meeting but at that meeting there was discussion about the possibility of selling some Town 52 property. Ms. Shifflett asked for an update on that, given thej potential significance oft that possible action. 53 She asked ifthere had been further discussion on that and what the plan was surrounding that. 54 Mr. Chad Comer responded that there had been no further discussion regarding that. He advised that Ms. 55 McAlister was going tol look intoj possibly doing something with some ofthe wastewater land but she hadt to 56 discuss it with the town attorney to seei ifthere was land that was required to be retained. 57 Ms. McAlister advised thati in the loans that the' Towni has fort the wastewater facility, acertain amount ofthe 59 Mr. Light advised that the loan documents for the VRA loans, which are the state loans that funded the 60 wastewater treatment: facility, prohibit the' Town from selling any part ofthe "sewer system". This makes 61 sense because the sewer system is what is generating the revenues for which the loans willl be paid back. 62 The wastewater treatment planti is aj part ofthe sewer system. Mr. Light advised that the questioni iswhether 63 every acre at the wastewater treatment plant isi necessary as part ofthe sewer system or could some ofit be 64 soldoffwithout violating thel bond covenants. Mr. Light stated that the only way tol know the answert to that 67 Ms. McAlister advised that the only properties shel knows ofaret thej parcel with the old school located: next 68 to the' Town office and: some property located at the end ofcC Turner Trail which is abouts six acres in size. 69 Mr. Chad Comer advised that parcel on CC Turner' Trail has some ofthe' Town's sewer infrastructure oni it 71 Mayor. Jordan advised that council has not seriously pursued selling any ofthej properties aforementioned. 73 Mr. Comer advised that itl has not been discussed, other than Ms. McAlister had: mentioned it. 74 Ms. Shifflett than stated that att thel last Councilmeeting, Mr. Tommy. Brannerk had mentioned that the water 75 lines are filthy on Sunset Drive. She wondered ifany response. had been provided to Mr. Branner. 76 Mr. Branner stated that there isi no way to flush that line as there arei no. hydrants located on that portion of 77 the line on South Sunset Drive. Mr. Branner advised that his location is the second to the last on the line 79 Ms. McAlister responded that she would contact the public works director to discuss the issue. 80 Ms. Shifflett then asked if the vacancy on the Board of Zoning Appeals had been posted on the Town's 82 Ms. McAlister advised that shei is waiting until after thei firstofthe year toj post that vacancy on the website. 83 She advised that thel Board ofZoning Appeals does not meet very often, and she thought that thei notice on 85 Ms. Shifflett mentioned that it could be advertised ont the' Town' s electronic sign as well in order to reach a 87 Ms. Shifflet then stated that at thel last meeting thei room was: full, and citizens were standing in thel hallway 88 for the meeting. Ms. Shifflett stated that the possibility forl live streaming the meetings or moving them to 89 the community center or some other larger venue might be considered. She asked ifthe council could start 90 thinking about that and considering various solutions to the issue of overcrowding at the meetings. Ms. 91 Shifflett advised that she did not want to exclude anyone from the meetings because they don't want to 93 Mayor Jordan advised that Mr. Emswiler had brought that issue up previously and it is hard to anticipate 94 how many residents willl bes attending each meeting. The council chamberroom was built for meetings to be 95 held in the Town office, but the chambers only hold sO many people. He: further advised that the issue is 58 land must be retained. 65 is to talk to VRA, and the' Town has not done that yet. 66 Ms. Shifflett asked ift there are other properties as well that could be sold. 70 as well. 72 Ms. Shifflett asked ifTown council is at thej point ofs seriously pursuing it. 78 and that the public works department had been there to evaluate the issue. 81 website yet. 84 the website would get more attention ifit was posted aftert the holiday season. 86 broader audience. 92 attend because the meetings have been "standing room only". 96 open for future discussion. 98 Departmental Reports: 97 99 100 a. Parks & Recreation: No report. 3 MEETING MINUTES OF THE BROADWAY TOWN COUNCIL Tuesday, December 3, 2024 7:00 p.m. 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 b. Finance: Mr. Richard E. Fulk reported that the finance committee would begin Mr. Richard! E. Fulk then madear motion to approve thei monthly financial reports and the payment of bills in the amount of $323,214.83. Mr. Douglas W. Harpine seconded the motion which passed on the following recorded roll call vote: meeting in the upcoming months to begin working on the budget. Joan H. Shifflett Travis M. Driver Aye Beverly L. London Aye Douglas W. Harpine Aye Aye Richard E. Fulk Chad L. Comer David L. Jordan Aye Aye Aye Ms.McAlister reported thati int thel F&MI Bank checking account, as ofNovember: 22, 2024, there was $670,106 in the account. Outstanding checks totaled $52,000. In the Loomis investment account, therei is $314,000. There is $7,600 availablei ini theLGPGeneral Fund. Therei is$7,155 available int the LGIP Water Fund, and $6,115availablei int thel LGIP Sewer Fund. In those four investment or savings accounts, there is $60,424. This month was a utility billing revenue month sO payments from utility bills as well as real estate and personal property taxes have helped the bank account. Ms. McAlister advised that on the report, the Town's loans and their term dates are listed. A question had previously been asked about the term date of one oft the loans and Ms. McAlister confirmed that the loan payoff date was in 2025. Ms. McAlister advised that in about two and a half years from now, the town will be paying approximately $585,000 less per year in loan amounts. Ms. McAlisterthen: stated that there was: some question about whether thel library loanl had been paid off. That loan has not been paid off and the' Town pays $14,200 twice aj year for this. loan. The current payoff amount on that loan is $104,755. That loan matures in 2027. Personnel/Police: Mr. Travis Driver reported that the Police. Department monthly report was included in the packet. Mr. Driver thanked Acting Chief. Joe Ritchie for getting the Town back to 24-hour police coverage. d. Utilities: No report. e. Streets & Properties: No report. . Events & BHP: Mr. Comer reported that the Tree Lighting is scheduled for tomorrow evening, Wednesday, December 4,2024 beginning at 6:30p.m. Thise eventi is sponsored by Broadway! Hometown. Partnership, as well as United Bank andl Farmers & Merchant's. Bank. g. Planning Commision-Noreport. Thel Planning Commission will not meeti in) December. 136 New Business: 139 2025. 137 Mayor Jordan moved to the first item on the agenda under new business which was the discussion and 138 consideration ofthet time and dates ofcouncil meetings and council workshop meetings, effective) January 140 Ms. McAlister advised that with the workshop meetings being ont the Thursday before the council meeting, 141 which is the first Tuesday oft the month, it is difficult to get all the financial reports together because the 142 month hasn't: finished out. Council may want to consider changing the dates of the council meetings to a 143 day Iater in thei month, such as the third' Tuesday ofeach month. Currently council: meeting dates and times 144 are set in the Town's ordinance, which means an ordinance would be required to change the date oft the 145 council meetings. Ms. McAlister advised that council: may want to considera also changing the dates ofthe 146 council workshop meetings and just hold both meetings on the third Tuesday of the month, with the 147 workshopmeeting being scheduled from 6:00p.m.-7 7:00 p.m. and the' Town Council meetingcommencing 148 at 7:00 p.m. Ms. McAlister advised that if council desires to change the date oft the meeting, the Town 149 attorney can prepare an ordinance fort the. January 2025 meeting which would fall on the first' Tuesday ofthe 150 month, andi the ordinance could be voted on and possilly adopted thatnight. Thec change wouldbeeffective MEETING MINUTES OF THE BROADWAY TOWN COUNCIL Tuesday, December 3, 2024 7:00 p.m. 151 as ofthel February 2025 meeting, which would then be on the third' Tuesday oft the month. 152 Ms. McAlister advised that included in the packet is a list ofall the council meeting dates for 2025, with 153 council meetings falling on the first Tuesday of the month and council workshops on the preceding 154 Thursday. Ms. McAlister advised that if the council wishes to change the day ofo council meetings to the 155 third Tuesday of the month, she and Mr. Light will work on an ordinance to make that change. Ms. 156 McAlister advised that ifthe dates oft the council meetings do change for 2025, it will be well publicized. 157 The consensus ofcouncil members was to change the days ofo council meetings tot the third Tuesday ofthe 158 month, but to leave the council workshops on the' Thursday before thei regular council: meetings. Mr.Light 159 advised that he would work on creating the ordinance to make the change, but he reminded Council 160 members that the. January 2025 Council meetingorganirational meeting would still occur on January 7, 161 2025. The change tot the' Town Code and thei meeting days willl be! presented to Town Councilyiaordinance 162 as an action item open for discussion and vote at the. January 7,2025, meeting. The change to the meeting 163 days would: not goi into effect until thel February meeting, which would be on Tuesday, February 18, 2025. 164 Mr. Light suggested to Ms. McAlister and council members that it would be a good idea to ensure 165 significant publicity takes place regarding the change to councili meeting days. Ms. McAlisteradvisedi thatit 166 would be publicized on the' Town's website, Facebook page, and the electronic sign. 167 Mayor. Jordan asked! how long council'sv workshopr meetingsn normally run. Ms. Lohradvised she can review 168 the voice recordings for the past two years to determine how long the meetings have run. 169 Mayor. Jordan proceeded tot thei next item undernew business on the agenda which wast the appointment of 170 departmental: representatives, effective. January 2025. Mayor. Jordan advised that) Mr. Douglas W.Harpine 171 will: stay as representative for Parks and Recreation; Mr. Richard E.) Fulka and) Ms.] Beverly L.J London along 172 with Ms. McAlister willl be representatives: for) Finance; Mr. Travis M.J Driver will stay as representative: for 173 police and personnel; Ms. Beverly L.] London will stay as representative for Utilities; Mr. Chad L. Comer 174 will: stay as representative for Streets and] Properties; and] Mr. Chad] L. Comer will stay as representative for 175 Broadway events, funded by thel business community. Mayor. Jordan also advised that! Ms. Joan Shifflet will 176 bet the council: representativet tot thel Planning Commission. Therei isaPlanning Commission training session 178 Mr. MattLight advised that the appointment to the Planning Commission: requiresar vote ofCouncil because 180 Ms. ChadL. Comermade: a motion tos appoint Ms.. Joan H. Shifflettot thel Planning Commission as the 181 Council representative, effective.January. 1,2025. Ms. Beverly L.I London seconded the motion which 177 that Ms. Shifflet may attend int the future. 179 ofs state law. 182 passed on the following recorded roll call vote: 183 184 185 186 187 188 Joan H. Shifflett Travis M. Driver Beverly L. London Douglas W. Harpine Aye Aye Aye Aye Richard E. Fulk Chad L. Comer Aye Aye 189 Other. Business: 192 development. 190 Mayor Jordan proceeded to the first item under Other Business, 191 Ms. Linda Gilbert had requested to address Council members regarding Rockingham Petroleum site 193 Ms. Gilbertstated, "Tappreciate the opportunity to speak tos you all about something that isi really important 194 to me, and important to my neighbors as well. Ido want to start out by saying that none ofwhat I'm about 195 to complain about is Travis Driver's fault. He was noti in on the planning and he was certainly noti in ont the 196 promise making. I've already had aj private discussion with him about this and he understands that. My 197 biggest issue ist that int the proffer letter that was submitted by) Rockingham. Petroleum when they weret trying 198 to gett thiss station approved, they promised, Ithink ity was proffer #5, 'adjacent tot the cemetery, the applicant 199 shall install al landscaped treel buffert to screen thet two properties'. That has not happened. Therei isi nos sign 200 thati itisg going tol happen. Asan matter off fact, the larggst part ofthel back ofthat] property, they'vep put huge MEETING MINUTES OF THE BROADWAYTOWN COUNCIL Tuesday, December 3, 2024 7:00 p.m. 201 rocks. They did that knowing that they were going to bei required to put up trees. So, it'sg going to create a 202 problem now to put up trees but] I think they need to figure it out. That is something that needs to happen. 203 Our neighborhood was peaceful and tranquil and quiet. Iwalk out my door now and there's this thing 204 looming up on1 thel hill that looks like al Disney theme park and it's lit up 24/7. It'su ugly. And itl bothers me, 205 notj just for me, but for the cemetery. I'm not trying to bei flippant. Iknow those people are dead, but their 206 relatives want to goi there and they want to spend quiet time. Iknow. Ihave al husband andj parents who are 207 buried in Georgia and before I moved up here I went to the cemetery quite often and I would have been 208 really upset ifl'dh had to contend with all that. Itjust makesitnotprivate: and not peaceful. Mysecondi issue 209 is that we were promised, and Imean PROMISED, that would not be a truck stop, but it is. Truckers are 210 sleeping there. And I've got picture after picture ini my phone, oftrucks that havel been parked up there for 211 hours on end, andIgou up there and look. Imean Idon'tstay up alli nights sol Idon'tknow: ifthey't 'ret there all 212 night or not but Iknow they're there during the day and I go up there and their headlights are on SO the 213 engine is running because they are either heating or cooling the sleeping compartment. So Ik know that 214 they're there and P've got the pictures to; prove it, but as itt turns out, Imean. I was ready to goi rouse up this 215 one trucker and say 'you can'tstayl here', and then I saw the: sigus. They aret two dinky) little signs that say, 216 "no overnight parking". So, technically, asi farasIknow, they'rer not doing anything wrongr right now. But 217 ifthey're: sleeping there, Id don'tcare whetheri it's day or night. It'sat truck: stop. And that does not need to 218 be. Wer werej promised that it would not be. So, Ithink those signs needt tol bei replaced with more: and larger 219 signs that say two-hour parking limit strictly enforced'. And then thet thirdi issue- -Id don'teven] know how 220 to describe this. Idon'tknow ifyou all can hear this...(Ms. Gilbert played a sound byte from her phone). 221 That's a truck, using it's engine brakes, and that goes on 24/7 and it's a lot louder than that when you're 222 there. That was over aq quarter ofamile away. Andi they sound likel helicopters flying overt thel house. Now 223 before that station was builtIhad: a concern about that andI Iwas told that there was at town ordinance and it 224 would be strictly enforced. Well now I: find out there's no town ordinance. So, again, they're not 225 technically doing anything wrong but Ithink that this council is in aj position to do something about that. 226 Pass an ordinance that could be enforced. It'sal lot ofnoise to contend with. And that reallyi isallIwanted 228 Ms. Gilbert supplied her address of 12211 Daphna Road when asked by a council member. 229 Mayor Jordan thanked Ms. Gilbert for addressing council. He then advised that the "jake brakes" issue 230 occurs near the school on Springbrook Road and near the funeral home on Rt. 42 also. Mayor Jordan 231 advised that the issue is that iti is as safety device that is installed on those trucks and ifthe' Town creates an 232 ordinance prohibiting truck drivers from using their jake brakes" and somethingl happens to that truck and 234 Ms. Gilbert advised that she understands and accepts that. She advised, "We didn'tused tol hear that noise 235 like we doi now when there were trees there wheret they bulldozed them. Andj just a word to the wise, ifyou 236 would plant thoset trees and lett them grow up nicea and tall, Icould: notl keep up with iti iftruckers ares sleeping 237 upthere. But asi itis, Ihave a direct] line ofs sight from my breakfast room and] Iseet thoset trucks parked over 239 Mr. Travis Driver advised that Rockingham Petroleum has sixi more signs that will be installed tomorrow. 240 They state "Customer parking only. Two-hour limit". He further advised that he has contacted Acting 241 ChiefRitchie severalt times becausel Rockingham Petroleum doesnot want truckers there: spending ther night. 244 Mayor Jordan then advised that council would take al briefrecess prior to the: scheduled Closed Session for 245 citizens to exit. He then thanked the citizens for attending the meeting and wished everyone Happy 2.27 tos say." 233 the driver loses his brakes, the Town could be held liable. 238 there." 242 Those signs will be installed tomorrow. 243 Ms. Gilbert thanked Mr. Driver. 246 Holidays. 247 248 Closed, Session - Personnel Matters, Virginia Code 2.2-3711(A)): 249 At7:45 p.m., Mr. Travis M. Driver: moved, seconded by Beverly L. London, that the Town Council 250 enter into closed session pursuant to the provisi@ns of Virginia Code 2.2-3711(A)(1) concerning MEETING MINUTES OF THE BROADWAYTOWN COUNCIL Tuesday, December 3, 2024 7:00 p.m. 251 personnel, for the purposeofdiseussion: and consideration of prospeetivecandidates foremployment 252 to fill the position of the' Town Police Chief. The motion was approved with the following recorded 253 roll call vote: 254 255 256 257 258 259 Joan H. Shifflett Travis M. Driver Beverly L. London Douglas W. Harpine Aye Aye Aye Aye Richard E. Fulk Chad L. Comer David L. Jordan Aye Aye Aye 260 At8:25 p.m., Mr. Travis M. Driver moved, seconded by Mr. Douglas W. Harpine to certify 261 that to thel best of each member's knowledge () only public business matters lawfully 262 exempted from open meeting requirements under this chapter and (i) only such public 263 business matters as werei identified in the motion by which the closed meeting was convened 266 lfanymemberofthey public body who believes that there was a departure from the requirements 267 of clauses @) and (ii), shall so state prior to the vote, indicating the substance of the departure 268 that, in his judgment, has taken place. Themotion was: approved with the following recordedroll 264 were. heard, discussed or considered in the meeting by the public body. 265 269 call vote: 270 271 272 273 274 275 276 Adjourn: 279 call vote: 280 281 282 283 284 285 286 287 288 289 290 291 Joan H. Shifflett Travis M. Driver Beverly L. London Douglas W. Harpine Aye Aye Aye Aye Richard E. Fulk Chad L. Comer David L. Jordan Aye Aye Aye 277 At 8:27 p.m., Mr. Richard E. Fulk moved, seconded by Mr. Travis M. Driver, to adjourn the 278 December2,2024, Town Council meeting. Themotion was approved with the followingrecorded: roll Joan H. Shifflett Travis M. Driver Beverly L. London Douglas W. Harpine Gy2Q David] L.Jordan DonnaJ.Lole Aye Aye Aye Aye Mayor Richard E. Fulk Chad L. Comer David L. Jordan Aye Aye Aye Aldoh Town Clerk 7