RESOLUTION IN HONOR OF THE LADY PANTHERS WINNING THE VIRGINIA STATE BASKETBALL CHAMPIONSHIP

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1 Virginia: Present: Absent: At the regular meeting of the Council of the Town of Chilhowie held at the Municipal Building, August 11, 2016 at 7:00 p.m. Honorable Gary L. Heninger, Mayor Presiding; Councilors Donna Blevins, Bill Clear, Alan Counts, Charlie Doane, F. Brent Foster and Don Hicks. None. Also Present: Mr. John E. B. Clark, Jr., Town Manager; Mrs. Marlene L. Henderson, MMC, Clerk-Treasurer; Messrs. Paul Cassell, Town Attorney; Stephen Price, Chief of Police; David Haynes, Fire Chief and Jay Keen, Public Works Director. Mayor Heninger called the meeting to order. Mr. Gary Montgomery gave the Invocation. The Pledge of Allegiance was recited. Resolution in Honor of the Lady Panthers: Mrs. Marlene Henderson presented the following: RESOLUTION IN HONOR OF THE LADY PANTHERS WINNING THE VIRGINIA STATE BASKETBALL CHAMPIONSHIP WHEREAS, the girls basketball team at Northwood High School in Saltville completed a perfect regular season winning their conference, and; WHEREAS, in the conference and regional tournament Northwood defeated Twin Valley, George Wythe, J.I. Burton and Fort Chiswell, and; WHEREAS, upon advancing to the state tournament Northwood defeated Colonial Beach and Parry McClure, and; WHEREAS, in the state championship game in Richmond on March 12, 2016 the Lady Panthers defeated Appomattox Regional Governor s School in Petersburg in a thrilling come from behind victory by a score of 57-52, and; WHEREAS, the state championship culminated in an undefeated season of 29-0, WHEREAS, Northwood became one of only five girls basketball team from Southwest Virginia to win a state championship in the modern era; NOW, THEREFORE LET IT BE RESOLVED that the Town of Chilhowie through its Mayor and Town Council hereby recognizes the Lady Panthers for their extraordinary achievement in winning the Virginia State Basketball Championship;

2 AND LET IT BE FURTHUR RESOLVED that the Town of Chilhowie joins all of Smyth County in its congratulations and appreciation to the players, coaches, staff, fans and students of Northwood High School for the class and sportsmanship they exhibited along the way. RESOLVED THIS 11TH DAY OF August, 2016 by the Mayor and Chilhowie Town Council Gary L. Heninger, Mayor Marlene L. Henderson, Clerk Treasurer Motion by Brent Foster, second by Donna Blevins Council adopts the Resolution as presented. The motion was approved with following recorded vote: Resolution of Appreciation for the Late Mr. Gene Groseclose: Mrs. Marlene Henderson presented the following: RESOLUTION OF APPRECIATION WHEREAS, WHEREAS, WHEREAS, Hubert Eugene Gene Groseclose served the citizens of the Town of Chilhowie with integrity, dedication, and humility as a member of the Chilhowie Fire Department from July 1, 1953 until his retirement on March 5, 2004; and Hubert Eugene Groseclose served the community of Chilhowie for 51 years and ascended the ranks from Firefighter to Fire Chief. During this time he was able to oversee the inclusion of emergency medical services within the department. Gene was the longest serving member of the Chilhowie Apple Festival Committee helping organize the festival for 62 years while holding many positions within the organization including Treasurer, Inside Chairman and Outside Chairman. Gene s efforts made the Old High School renovation a reality and he served as Post Master for the Town of Chilhowie for many years; and his passing on June 4, 2016 is marked by sorrow by the Town of Chilhowie and he will be missed by all who knew him. NOW, THEREFORE LET IT BE RESOLVED that the Mayor and Town Council of the Town of Chilhowie both personally and in behalf of the citizens, express their appreciation to the family of Hubert Eugene Groseclose for his many years of honorable and dedicated service and numerous contributions to the Town of Chilhowie and it citizens and be it further resolved that the original of this resolution be formally presented to the family of Hubert Eugene Groseclose and that a copy be entered into the minutes as a permanent part of the records of the Town of Chilhowie.

3 RESOLVED THIS 11 TH DAY OF AUGUST, 2016 by the Mayor and Chilhowie Town Council. Gary L. Heninger, Mayor Marlene L. Henderson, Clerk Treasurer Motion by Alan Counts, second by Charlie Doane Council adopts the Resolution as presented. The motion was approved with following recorded vote: Report on DMV Award: Rick Clark of the Virginia Highway Safety Office presented the Chilhowie Police Department with an award for most improved seat belt usage from the state wide Click it or Ticket Campaign held in May. The pre-survey results stated that only 59% of citizens use their seatbelts and after two weeks of enforcement the post survey stated that 83% of the citizens use their seatbelts earning the title of most improved. Mr. Clark presented the Department with a plaque. Presentation from Chamber of Commerce on Business Boot Camp Award Winner Color Works : The Small Business Boot Camp began two years ago and the first year winner was Robbins Small Engine for an 82.4% growth in business. The Boot Camp Winner for this year is Color Works. Color Works began with four girls in February 2015 and grew quickly for a total of nine team members and an expansion of the salon. The Town and Country BBQ is scheduled for August 25 th at the W-L Hanger. Approval of Minutes: Motion by Donna Blevins, second by Brent Foster Council adopts the regular July 14, 2016 meeting minutes. The motion was approved with following recorded vote: Citizens Time: Jerry Woods appeared before Council to discuss water problems that have been occurring since November Mr. Woods stated that a new meter was installed at this property and he requested the Town install a pressure reducing valve at that meter and the Town has yet to do so. He has installed two pressure reducing valves in his home but has still incurred $28,600 in property damage according to his contractor s estimate, due to the amount of water pressure that was coming into the house. Mr. Clark visited the home to inspect the damage and a pressure reducing valve was installed at the meter. A claim has been submitted to VML Insurance who inspected the house and made an offer to Mr. Woods citing the Town has had some influence in the damages. Mr. Woods claimed the offer from VML was $10,088 whereas the contractor estimated $28,600 in damages that is

4 less than half. The matter was reported to Mr. Woods homeowner insurance and the agency claimed that it is an ongoing issue and referred it back to the Town. The pipes keep busting and he keeps replacing the pipes out of pocket. Mr. Woods stated that he has contacted a lawyer which stated that the situation would have not got this far if the Town would have done their job. Mr. Cassell reported that this matter has been turned over to VML which in turn leaves the matter between VML and Mr. Woods. Mr. Clark will contact VML concerning the matter. Lynn Pease appeared before Council to give the update on the Library. The Library was open 15 days during the month of July and 1,917 people came into the Library. There were twelve programs held throughout the summer with large numbers in attendance. At this time the Library is working toward the fall programs. Public Hearing: Joint Public Hearing with Planning Commission to Consider Issuing a Special Use Permit for a Mini Storage Building at River Road All adjoining property owners were notified and the Planning Commission has reviewed the matter and has a recommendation for Council. Mrs. Marlene Henderson presented the following: Public Hearing Notice Notice is hereby given that the Chilhowie Town Council and Planning Commission will be holding a Joint Public Hearing to consider issuing a Special Use Permit for a mini storage building(s) at 105 and 107 White Top Road, as required by Section Conditional Uses Permitted in the Town s Zoning Ordinance, and pursuant to Section of the Code of Virginia, as amended. The Joint Public Hearing will be held at the Chilhowie Town Hall at 325 East Lee Highway on August 11, 2016 at 7:00 p.m.at which time any citizen may appear and comment thereon. Persons desiring further information may the contact the Town Hall at By Authority of the Chilhowie Town Council, John E. B. Clark, Jr, Town Manager Smyth County News Please advertise in your August 3 paper Virginia: Present: Absent: At the continued meeting of the Chilhowie Planning Commission held Thursday, August 11, 2016 at 7:00 p.m. Planning Commission members Jim Bonham, Jim Paine and Lynn Pease. Planning Commission members Chris Brewer, Angela Frye.

5 Mr. Pease opened the Public Hearing at 7:37 pm. N.J. Patel Brent Foster Pravin Shah N.J. Patel Donna Blevins This is Mr. Pravin Shah, the owner of the Knights Inn. The couple of concerns that we have that we would like to get out in the open. One we have parking rights on the east end of the building or plot where they are trying to build storage buildings. It is about 100 feet from this end to the east and the whole lot is about 300 feet. Our only concern is that area should be available to us for parking at all time. It is used for large trucks and trailers and stuff like that which cannot be accommodated on the other side if you have seen the place. The second point is if they build the storage buildings I wish to make sure that large trucks can get in and out easy. That is the only two concerns we have. Which end of the lot do you have? Toward Hardees? No the other end where we have all of our Knights Inn sign. That lot is 300 feet and from the west end there is 100 feet to the east end. That area is allotted to us. As long as our rights are not ignored and we do not have any problems it is fine with us. Thank you. Having no one further wishing to speak, Mr. Pease closed the Public Hearing at 7:40 p.m. The Planning Commission requested more information to be presented such as a site plan. Motion by Jim Bonham, second by Jim Paine Planning Commission requests a site plan from the applicant. The motion was approved with following recorded vote: Jim Bonham Aye Chris Brewer Absent Jim Paine Aye Lynn Pease Aye Angela Frye Absent Motion by Brent Foster, second by Bill Clear Council accepts the recommendation from Planning Commission for a site plan from the applicant. The motion was approved with following recorded vote: Mr. Clark is to contact Mr. Sturgill to request a site plan to go back before the Planning Commission to make a recommendation to Council. Having no further business, upon motion by Jim Bonham, second by Jim Paine unanimously passed, the Commission adjourned the meeting at 7:44 p.m.

6 Old Business: Report on Bidding Schedule for Mill Creek Water Treatment Project Approval has been received to advertise for bids. Bids are scheduled to be received September 7, Cost information should be available by the September Council meeting. Prebid meetings are scheduled with contractors and tours are available of the water treatment plant. Ms. Anne Hutton the attorney for the Coles has submitted a bill to the Town for $3,500 for services provided and 44% of the bill has been sent to Washington County Service Authority. In the near future the invoice will be paid. Notice of Training from Institute of Government on Saturday, August 20 th at 8:30 a.m. - Mr. Clark reported that Town of Saltville is to join the Chilhowie Town Council for this training. It was urged to attend that a lot of things can be learned from this training. The training will be held at the Riverfront Café beginning at 8:30 a.m. and adjourning at 12 noon. Update on H.L. Bonham Tourism Trail The Contractor has installed one component of the change order which is the hand rail across the steps of the bridge behind the Exxon service station. The two components that the contractor is waiting on are the traffic bollards and corrections to the bridge. A dedication is expected to the scheduled for some time in September. Discussion for Timetable for Inner Loop Sidewalk Project One contractor submitted a quote, Davenport & Davenport. Other contractors were contacted but no other quotes were submitted. The better time to poor concrete is during cooler weather. Money has been borrowed from the Bank of Marion and the Town is currently making payments on $79,000. The options are to either move forward with the project, postpone it to later on in the fiscal year or carry it over to the next fiscal year. Motion by Charlie Doane, second by Donna Blevins Council approves Town Manager to move forward with this project and to solicit another contractor with money from the reserves to fund the project. The motion was approved with following recorded vote: New Business: Consideration of Amendment #2 for Additional Engineering Services- Concerning the Water Treatment Plant additional funds are required for engineering services. The additional funds will come from the Rural Development fund. This funding would cover two additional components one being the increase of capacity of the finished water of the treatment plant up to 3.1 mgd. Washington County Service Authority has issued a desire to utilize this potential capacity and they are committed to providing

7 the additional membranes. The engineering service is to develop a way to carry the additional water away from the treatment plant. Washington County Service Authority is committed to the additional cost of $35,000. The second part of the Amendment concerns the acquisition of the property and also attendance and preparation for the public meetings with the Washington County Board of Supervisors concerning a special exemption permit and also with the Washington County Planning Commission. This budget item would be a jointly responsibility of both Town and Washington County Service Authority. A budget of $6,200 to cover basically time that has been expended on the project, the Town will owe 56% of the $6,200 and Washington County Service Authority will owe 44% of the $6,200. Motion by Brent Foster, second by Bill Clear Council accepts Amendment #2 for additional engineering services. The motion was approved with following recorded vote: Proposal from Mount Rogers PDC on Updating Zoning Ordinance The current Ordinance are inserted in the current Zoning Ordinance but more work needs to be conducted. Sign Ordinances need to be updated and Special Use Permits need to be discussed as well as a couple of conflicts such as parking. This idea was well received by the Planning Commission. The cost for Mount Rogers PDC for updating the Zoning Ordinance is not to exceed $4,000. Motion by Brent Foster, second by Donna Blevins Council approves Mount Rogers to update the Zoning Ordinance. The motion was approved with following recorded vote: Report on Rally Southwest Virginia Program - Mr. Clark and Vice Mayor Brent Foster attended a seminar for Department Housing and Community Development contracted with Virginia Tourism for a grant of $3,000 to enhance the chance of obtaining the Downtown Revitalization grant. The next meeting is scheduled for September 1, 2016 at 5:30 p.m. Report on Town Entrance Signs and Chimney Situation at Bonham House The Town Council has allocated money for four Town entrance signs and quotes are being sought at this time. A Police Department sign on the outside of the building is needed as well. A meeting of the Public Works Committee will be held once more information is obtained.

8 Motion by Brent Foster, second by Alan Counts Council authorizes Town Manager to call a Public Works Committee meeting to discuss signage. The motion was approved with following recorded vote: Two quotes have been received to repair the chimney at the Bonham Tourism House that is about to fall. One quote was significantly lower than the other but it is unknown if that contractor has its own insurance. Motion by Brent Foster, second by Donna Blevins Council authorizes Town Manager to accept the lowest bid subject to insurance. The motion was approved with following recorded vote: Mr. Foster inquired if the Town had any control over the shrubs being removed and the Town had no knowledge of this occurrence until it was complete. Any changes to the Tourism Center property need to be reviewed and approved by the Town Manager. Motion by Brent Foster, second by Bill Clear Council authorizes Town Manager to send a letter to the Tourism Director stating that any changes to the property shall be reviewed and approved by the Town Manager prior to any action taken. The motion was approved with following recorded vote: Approval of Pay Request Number 1 on East Lee Highway Sidewalk This pay request is for engineering services provided by Thompson and Litton only. The pay request is 100% reimbursed by VDOT. Motion by Brent Foster, second by Bill Clear Council accepts Pay Request #1. The motion was approved with following recorded vote: Report on Mount Rogers PDC Grant Opportunity Marlene Henderson presented the following:

9 RESOLUTION WHEREAS, Mount Rogers Planning District Commission (PDC) has funding available through the Southwest Virginia Water/Wastewater Funding Program in the maximum amount of $100,000 per project, and; WHEREAS, the PDC is soliciting applications for this money with a deadline for applications of August 31, 2016 and; WHEREAS, the Town of Chilhowie, with approximately 2500 customers, is not only a provider of potable water to the Town of Chilhowie but also a direct provider to customers in Smyth and Washington Counties, and; WHEREAS, the Town sales wholesale water to Smyth County at sever master meter locations, and; WHEREAS, the Town and Washington County Service Authority (WCSA) jointly operate a three (3) Million Gallon per Day facility at its Mill Creek Regional Water Treatment Plant, and; WHEREAS, the Town and WCSA have secured a $3,704,000 loan and grant to substantially upgrade the regional system, and; WHEREAS, the Town operates and maintains six water tanks to distribute the potable water throughout its regional system, with the largest a 1,000,000gallon tank located north of Town, and; WHEREAS, this tank was built in 1972 and last painted in 1986 and has been identified as the tank most needed for painting/rehabilitation by the Public Works Department and Health Department; NOW THEREFORE LET IT BE RESOLVED that the Chilhowie Town Council by this resolution formally requests funding from the PDC s Southwest Virginia Water/Wastewater Program in the amount of $100,000 with the Town contributing $86,372 and; LET IT BE FURTHER RESOLVED that the Chilhowie Town Council authorizes its Town Manager Joh Clark to submit and sign all authorized documentation to Mount Rogers PDC to that end. This resolution is approved by the Chilhowie Town Council at its August 11, 2016 meeting. Gary L. Heninger, Mayor Marlene L. Henderson, Clerk Motion by Donna Blevins, second by Brent Foster Council adopts this Resolution as presented. The motion was approved with following recorded vote:

10 Committee Reports: Public Works Committee on Wholesale Water Contract with Smyth County The recommend contract from the Committee was included in the Council s packet. The Committee along with the Town Attorney plans to add language to update the contract and make it more valid. Motion by Charlie Doane, second by Donna Blevins Council approves and will submit the Wholesale Water Contract to Smyth County. The motion was approved with following recorded vote: Recommendation on Bank for Interim Financing of $1,852,000 for Water Project The interim financing bid sheet was included in the Council s packet. The bid request was advertised in the Smyth County paper, Washington County News and Mr. Clark hand delivered bid requests to all of the banks in Town. There were several inquiries but only one bank submitted a bid and that was the Bank of Marion. The interest rate for the Bank of Marion is 1.26% for the term of the loan which is up to eighteen (18) months with the interests and principal due at maturity. When the bond closing occurs that is when it will be paid but they will handle the Town requesting drawdowns on the money as the project progresses. Motion by Brent Foster, second by Donna Blevins Council accepts the Bid from the Bank of Marion. The motion was approved with following recorded vote: Department Reports: Chief David Haynes informed Council that during a call the previous night the command vehicle, Tahoe, was struck at the scene. The process is being followed in order to file the claim with the Town s insurance. Any Other Council Business: Update on Veteran s Memorial Progress is being made on the Memorial and forms for concrete will be set on Monday. After that is complete the bricks will be laid and at this time there are close to one hundred (100) bricks with people still submitting orders.

11 Farmer s Market A citizen complained to Mr. Foster that whoever was at the Farmer s Market in a big truck was selling prior to 3 o clock. Apple Festival Apple Festival is requesting to have a cruise in on Main Street Saturday, September 24, Closed Session: The matter of a request to enter into Closed Session for report on telephone conference with Department of Labor on Fire/EMS Payment Procedure as allowed by Section (A)(1) of the Code of Virginia, as amended, was brought on for discussion. Motion by Donna Blevins, second by Brent Foster and unanimously passed Council hereby enters into Closed Session for a report on telephone conference with the Department of Labor on Fire/EMS Payment Procedure as allowed under Section (A)(i) of the Code of Virginia, as amended. The motion was approved with the following recorded vote: Upon motion by Brent Foster, second by Donna Blevins hereby enters into Open Session. The motion was approved with the following recorded vote: CERTIFICATION OF CLOSED SESSION The Town of Chilhowie has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and Section (A) (1) of the Code of Virginia requires a certificate by the Council that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chilhowie 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 the closed meeting to which this certificate applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Town Council. Approved with the following roll call vote:

12 Motion by Brent Foster, second by Alan Counts continued the meeting to August 20, 2016 at 8:00 a.m. at the Riverfront Café, 154 East Lee Highway at 9:22 p.m. The motion was approved with the following recorded vote: Mayor Gary L. Heninger Clerk Marlene L. Henderson, MMC