At the regular meeting of the Council of the Town of Chilhowie held at the Municipal Building, Thursday, August 14, 2014 at 7:00 p.m.

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1 Virginia: At the regular meeting of the Council of the Town of Chilhowie held at the Municipal Building, Thursday, August 14, 2014 at 7:00 p.m. Present: Honorable Gary L. Heninger, Mayor Presiding; Councilors Donna S. Blevins, James B. Bonham, III, Billy L. Clear, Alan W. Counts, Charlie E. Doane and F. Brent Foster. Absent: None. Also Present: Mr. John E. B. Clark, Jr., Interim Town Manager; Mrs. Marlene L. Henderson, MMC, Clerk-Treasurer; Mr. Paul Cassell, Town Attorney; Messrs. L.R. Romans, Deputy Chief of Police; C. David Haynes, Fire Chief; and Jay Keen, Public Works Director. Mayor Heninger called the meeting to order. Mr. Dwight Barker gave the Invocation. The Pledge of Allegiance was recited. Approval of Minutes: Motion by Brent Foster, second by Donna Blevins Council adopts the regular July 10, 2014 and the continued meeting July 17, 2014 meeting minutes. The motion was approved with following recorded vote: Citizen Time: Dwight Barker appeared before Council to give a report concerning the Centennial Choir concert on July 27 th. The Choir is composed of members of Churches throughout the Chilhowie area. A free will offering was collected to be donated to the Loaves and Fishes Food Pantry. The Centennial Choir is considering a concert around Memorial Day of The Centennial Committee extended a special thank you to Jane Collins and Pat Britain. The Town s Centennial mural designed and painted by John Paul Jones was also unveiled at the conclusion of the concert with great compliments. It was suggested the mural being placed at other places in the Town. Digitized photo copies of the mural are being investigated; the cost will be determined by the size requested. Council thanked John Paul Jones for his work and dedication on the mural. Sarah Gillespie, the Executive Director of the Smyth County Chamber of Commerce appeared before Council to present to County Map Project which will detail specific directions to destinations and serve as a multi-purpose map. The Smyth County map is currently missing the street names of the downtown areas. Emory and Henry College has requested that Chamber of Commerce to put together their relocation packets for the Professors and students that will be attending their new school in the old Smyth County Hospital building. The new County map will not be a financial benefit to the Chamber of Commerce. All of the money made via selling ads will be used to print the maps that will be shared with the Tourism Center and all of the

2 Towns. The timeline for completion is one week; and it will be ready to go to print in-order to be available for Emory and Henry College. The cost of the ad is $700 for a fifteen month period. Gary Montgomery appeared before Council to request gravel to be spread around the flag pole in the Rec Park and an electrical supply so they may have story telling sessions. He requested this be completed before the Chilhowie Community Fall Festival. Mr. Montgomery reported that there is a sink hole on Greenway Street and requested this matter be maintained. Dick Ryan appeared before Council and reported that there is a Park Committee that painted the shelters in the park and even though the Committee has not been active they are not dissolved but they are available if needed. Mr. Ryan wrote a grant that awarded funds for the walking trail in 2002 and inquired as to where the monies are placed. A plan is needed for Phase II of the walking trail to begin. New Business: Mr. John E.B. Clark, Jr. reported on the following: Request to hold a Joint Public Hearing with the Planning Commission to consider adding a Day Care facility. The purposed joint Public Hearing is requested to be scheduled for September 11, The request is for the property to be zoned from business to residential in order to accommodate a daycare. The Town Attorney suggested holding a Public Hearing to have in the Business zone a permitted use for a daycare. Motion by Brent Foster, second by Bill Clear Council grants permission to set the Joint Public Hearing for September 11, The motion was Notice of Registration for the VML Conference and Mayor s Institute in Roanoke: This is a good opportunity for Council members to attend. This is the closest the Conference will be to the Town. Notice of Registration for the Chamber of Commerce Town and Country Banquet: The deadline to signup has passed but if anyone has not signed up and is interested in attending may still signup. Notice of VDOT intention to remove trees along East Lee Highway at the Bank of Marion and Advance Auto: VDOT has requested to cut down the trees in the islands at the Bank of Marion and Advance Auto. In the late 1980 s and early 1990 s the Town planted about 100 trees for the vision of a tree line boulevard. Over the years the trees have not been maintained and most have already been removed. It was reported that the trees obstruct views of drivers trying to pull out of the parking area. A suggestion to replace the trees with a smaller type of tree was stated. Mr. Bonham suggested allowing a landscape architect to review the matter.

3 Motion by Brent Foster, second by Donna Blevins Council continues this matter and authorizes the Interim Town Manager to contact a Landscape Architect and VDOT. The motion was Report on Certified Planning Commissioner s Program: This is a great training opportunity that is offered once or twice a year that ties in zoning, permitting, planning and the Comprehensive Plan. Currently there are four people attending this program; Clerk-Treasurer Marlene Henderson, Vice-Mayor Jim Bonham, Council members Donna Blevins and Charlie Doane. Notice of intention to remove the low water bridge between East Lee Highway and the Industrial Park: A full report will be disclosed to Council during the September meeting. A proposal has been made to remove the low water bridge in front of the Chilhowie Drug Company. Funds for removal of the bridge have been obtained; Smyth County owns the property between Chilhowie Drug Company and the Industrial Park. Permits are currently being obtained. Mr. Bill Clear discussed the interest of a grant from the Department of Game and Inland Fisheries for an access point and removal point to the river for canoes and kayaks. Mr. Clear inquired if the study of the bridge removal could include a study of access and removal points. Motion by Jim Bonham, second by Brent Foster Council continues this matter. The motion was Request for Council s approval on the purchase of a pump for the Wet Well at the Wastewater Treatment Plant: All Council members were polled via telephone so the pump could be ordered as there was a three week waiting period. The original pump has been in place for thirteen years and it wore out and needed to be replaced. This pump replacement cannot be prolonged and the cost is $10,875. Motion by Charlie Doane, second by Brent Foster Council approves the purchase of a pump for the Wet Well at the Wastewater Treatment Plant. The motion was approved with following recorded vote: Consideration of approval of the Thompson and Litton Contract on Downtown Revitalization Grant: This matter is premature as the application for funding for Construction grant is due in March and the results will not be known until June or July, 2015.

4 Motion by Brent Foster, second by Jim Bonham Council continues this matter. The motion was Permission to advertise Town Manager Position: An advertisement has been developed for the Town Manager s position. Mr. Clark would like to discuss salary issues with the Council during a closed session to discuss salary issues. Proposal to remove dead or dying trees at the Visitors Center: S.T.B Industries, LLC have submitted a quote to remove the dead or dying trees. Mr. Jay Keen volunteered the Public Works Department and the Inmate Crew to remove the trees for half the cost. The Town will also grind the stumps. Motion by Brent Foster, second by Charlie Doane Council accepts the Public Works Department and Inmate Crew for the tree removal at the Visitors Center. The motion was approved with following recorded vote: Request from Chilhowie Middle School Backpack Program and Recognition and Reward Program: The Backpack Program has been on the Agenda for many months. Council inquired whether the program has any money at this time. Mrs. Cathy Smith stated that she would provide that information by Friday. Motion by Brent Foster, second by Donna Blevins Council continues this matter. The motion was Request from Mel Leaman Free Clinic of Smyth County: This is a request for funds and this is not a budgeted item. Motion by Brent Foster, second by Alan Counts Council refers this matter to the Finance Committee. The motion was Report from Finance and Personnel Committee on Budget Revision: The Finance and Personnel Committee met August 4 th and reviewed the most recent purposed budget. The revenues and expenses are still somewhat over budgeted by $31,000. The changes in the Meals Tax and Cigarette Tax, raises and money budgeted for the existing Town Manager creates a small surplus in the budget.

5 Motion by Jim Bonham, second by Charlie Doane Council accepts the recommendation from the Finance Committee and accepts the budget as presented. The motion was approved with following recorded vote: Appointment to the Board of Zoning Appeals: There is currently an opening on the Board of Zoning Appeals that needs to be filled. Council will make the recommendation and the matter will go before the Circuit Court for approval. Motion by Brent Foster, second by Donna Blevins Council continues this matter until the September Council meeting to determine if anyone volunteers to serve on the Board of Zoning Appeals Board. The motion was Old Business: Mr. John E.B. Clark, Jr. reported on the following: Report from Deputy Chief Romans on Funding Request through Abbott Laboratory Request: The Police Equal Sharing and Certification Program is a distribution of monies that was awarded to the Federal District of Virginia due to false advertisement by Abbott Laboratories. Deputy Chief Romans reported that the Chief of Police has been working closely with Roy Evans concerning this matter. All applications have been are completed and submitted. The Chilhowie Police Department is in compliance to begin to receive equipment. The requested equipment is three equipped vehicles, tazers, camera, weapons and a speed trailer. The Town of Marion, Town of Saltville and Smyth County have already received a portion of their requests. The total amount of money awarded to Smyth County is $1.3 million. Motion by Brent Foster, second by Donna Blevins Council continues this matter. The motion was Report on railing for Bonham House: No response or updated quote has been obtained at this time. Motion by Brent Foster, second by Alan Counts Council continues this matter. The motion was

6 Report on Chilhowie Community Fall Festival meeting held August 5 th : A preliminary budget was presented to Council as this matter was not budgeted there is a need for Council s approve. Mrs. Felicia Eller provided a brief summary of events for the festival. All information will be available on the Town s website The preliminary budget is $10, with more expenses expected. Mr. Charlie Doane inquired if there were any projections of how much revenue will be generated. Mrs. Eller explained how many participants is needed to make the expense back for the Beauty Pageant Contest and Cornhole Tournament. With no prior history of the Town sponsoring the Festival there is no way to determine how much revenue will be generated. Sponsorships are currently being sought. Mr. Doane inquired as to what the previous expense to the Town was for Apple Festival. Mrs. Henderson stated that the Town paid the overtime hours to Police, Fire and EMS and Public Works employees who worked. The overtime hours are already included in the budget. Mr. Brent Foster inquired if the easels used to hang art exhibits would be available for the Town to use. Mrs. Laura Etta Wilkinson expressed her disgust with the Town and the treatment the Apple Festival Committee received from the Town during the previous few years. It was determined that the Town will build their own easels to display artwork. Mayor Heninger instructed to pursue the sponsorships. Motion by Brent Foster, second by Bill Clear Council authorizes the Town Manager to execute the Fall Festival and approves the preliminary budget not to exceed $11,000. The motion was Mr. Doane stated that this is his third Council meeting and the Town has spent so much time discussing the Chilhowie Festival when the $10 million debt has never been discussed. Mrs. Donne Blevins stated that she is not pleased to have to vote yes but she did so for the community. What occurred between the Town and the Apple Festival Committee was a travesty. Report on Bat Mitigation project at the Old High School: The Town developed a contract with Blue Ridge Wildlife Management, LLC. Mr. Shortt with Blue Ridge Wildlife Management was met with on Aug 4 th. Six bat entry points were identified and addressed. Mr. Shortt will return in three weeks to review the building and determine if all bats are removed. The Old High School should be ready to reopen by the first of September. Fire and EMS Brush Truck: The Fire/EMS brush truck was in an accident January 31 st and totaled. Council approved the cost of a new vehicle to replace the brush truck at $38, The cost to remount the truck is $25,296 for a total of $63,324. VML Insurance is settling with the Town for $30,663 to allow the Fire/EMS Department to keep the rear end of the previous truck. Therefore there is a balance of $32, This is not budgeted but has been approved by Council in last year s budget.

7 The matter of a request to enter into Closed Session to discuss a personnel matter concerning the salaries of appointed officials, as allowed under Section (A)(1) of the Code of Virginia, as amended, was brought on for discussion. Upon Motion of Brent Foster, second by Alan Counts Council hereby enters into Closed Session to discuss a personnel matter concerning the salaries of appointed officials, as allowed under Section (A)(1) of the Code of Virginia, as amended. The motion was approved with following recorded vote: Upon motion of Brent Foster, second by Jim Bonham Council hereby enters into Open Session. The motion was The Clerk polled each member that only the personnel matter concerning the salaries of appointed officials, as allowed under Section (A)(1) of the Code of Virginia, as amended, was discussed. The motion was Motion by Brent Foster, second by Alan Counts Council adds to the September 11, 2014 Council meeting agenda to extend Mr. John E.B. Clark, Jr. contract to December 31, The motion was Motion by Jim Bonham, second by Brent Foster Council drops the advertisement of the Town Manager s position from the agenda. The motion was There being no further business, the meeting adjourned at 9:31 p.m. Mayor Gary L. Heninger Clerk Marlene L. Henderson