At the regular meeting of the Council of the Town of Chilhowie held at the Municipal Building, August 13, 2015 at 7:00 p.m.

Transcription

1 Virginia: At the regular meeting of the Council of the Town of Chilhowie held at the Municipal Building, August 13, 2015 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., Town Manager; Mrs. Marlene L. Henderson, MMC, Clerk-Treasurer; Messrs. Paul Cassell, Town Attorney; Stephen Price, Chief of Police; C. David Haynes, Fire Chief and Jay Keen, Public Works Director. Mayor Heninger called the meeting to order. Mr. Frank Branson of the Chilhowie Christian Church gave the Invocation. The Pledge of Allegiance was recited. A moment of silence was observed for former Mayor and Councilman, Ken Ratliff. Mr. Ratliff served as Mayor from July 1, 1972 to June 30, 1974 and served as a member of Council from July 1, 1986 to September 15, Approval of Minutes: Motion by Jim Bonham, second by Donna Blevins Council adopts the July 9, 2015 meeting minutes. The motion was approved with following recorded vote: Citizens Time: Lynn Pease appeared before Council to give the Library report for the month of July. During the month of July there was an average of 153 visitors per day. Computers and the Xerox are utilized and they are currently planning for the fall. The Friends of the Library plan to have their annual book sale during the Apple Festival in the Old High School. The Library Board has determined that the Chilhowie Branch of the Smyth-Bland Regional Library will remain open. Gene Groseclose appeared before Council to report the Apple Festival is now a 501c(3) and is incorporated. The Internal Revenue Service now accepts the Apple Festival as an organization. Apple Festival has obtained a lot of volunteers for this year s festival. Public Hearing: Marlene Henderson presented the following: PUBLIC HEARING NOTICE The Town of Chilhowie will hold a public hearing to solicit public comment on the consideration of an ordinance adopting Electronic Summons Cost Assessment. A copy of the proposed ordinance is on file in the Clerk s Officer at the Chilhowie Town Hall. The public hearing will be held on Thursday, August 13, 2015 at 7:00 p.m. at the Chilhowie Town Hall, 325 East Lee Highway, Chilhowie VA, where any citizen of the Town of Chilhowie may appear and express their opinion thereon. For additional information contact John E.B. Clark, Jr., Town Manager. (276) ) By Authority of the Chilhowie Town Council, TOWN OF CHILHOWIE Gary L. Heninger, Mayor Mayor Heninger opened the Public Hearing at 7:08. Dick Ryan Chief Stephen Price I do not understand what this is. All of the Towns and County have the electronic summons where the summons are automatically sent from the Officer s car once

2 they issue it, to the Court system. This eliminates the paper trail and enters the case on to the docket. The Legislature has already approved it, if the Town adopts the Ordinance any summons that are written and go thru the Court that were issued through the E- Citation system a $5.00 fee is assessed for maintenance, upkeep and repairs for the system. Dick Ryan Chief Stephen Price What is your recommendation? I recommend that we accept it. It is pretty simple to me; it would help us out a great deal. It might not be a great amount but it is enough to maintain the system. Mayor Heninger closed the Public Hearing at 7:10 p.m. Old Business: Mr. John E.B. Clark, Jr. reported on the following: Council Comment on Resolution on Electronic Summons Officers will still be required to attend court when a citation is issued through the E-Citation. The Town will still receive the $5 fee regardless of the final ruling. AN ORDINANCE ADOPTING CHAPTER ATRICLE.ELECTRONIC SUMMONS COST ASSESSMENT. BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF CHILHOWIE, VIRGINIA, that CHAPTER ARTICLE Electronic Summons Cost Assessment Ordinance of the Town Code for the Town of Chilhowie should be and is hereby adopted as follows: ORDINANCE ON ELECTRONICICE SUMMONS SYSTEMS COST ASSESSMENT Sec..Purpose WHEREAS, the Town of Chilhowie has invested and continues to invest funds for the purpose of allowing it s Police Department to purchase computer equipment and software to allow the issuance of Electronic Summons and the Virginia Codes permits court costs to be assessed in criminal, civil and traffic cases; and WHEREAS, The Town of Chilhowie Police Department has implemented a new electronic summons system; and WHEREAS, in 2015, the Virginia General Assembly passed an amendment to allow a $5.00 assessment relating to electronic summons systems that permits the additional sum as part of the costs in each criminal or traffic case in the district or circuit courts for defendants charged with a violation of any statute or ordinance; and, WHEREAS, the new assessment is to be collected by the Clerk of the General District Court and the Clerk of the Circuit Court and held by the treasurer in a separate internal record; and, WHEREAS, the funds are to be disbursed to the Town of Chilhowie for the sole purpose of funding software, hardware, and associated equipment costs for the implementation and maintenance of an electronic summons system; and Sec..Assessment and collection. The Clerk of the General District Court and the Clerk of the Circuit Court of Smyth County shall assess and collect an additional sum of $5.00 as part of the costs in each criminal or traffic case in the District or Circuit Courts located within its boundaries in which the defendant is charged with a violation of any statute or ordinance. Sec..Remittance of funds; recordkeeping.

3 The assessment shall be collected by the Clerk of each of the respective courts and shall be remitted to the Clerk/Treasurer for the Town of Chilhowie. The Clerk/Treasurer for the Town of Chilhowie shall maintain a separate internal record, and funds shall be held by such Clerk/Treasurer subject to disbursements by the Town Council for the Town of Chilhowie the sole purpose of funding software, hardware, and associated equipment costs for the implementation and maintenance of an electronic summons system used by the Town of Chilhowie Police Department. Sec Appropriation of funds. All funds received by the Town of Chilhowie as a result of this section may be appropriated by the governing body for disbursements to the Town of Chilhowie Police Department solely to fund software, hardware, and associated equipment costs for the implementation and maintenance of an electronic summons system. This Ordinance shall be effective September 1, Motion by Brent Foster, second by Bill Clear Council adopts the Resolution as presented. The motion was approved with following recorded vote: Presentation and Recommendation of Bids on H.L. Bonham Tourism Trail A bid opening was held Tuesday, August 11, 2015 for the H.L. Bonham Tourism Trail. The bids received are as follows: Contractor Total Base Bid Deductive Alternative Crossroads Bridge, Inc. $690, $191, Inland Construction, Inc. $634, $140, Ken Construction Co., Inc. $707, $178, King General Contractors, Inc. $515, $126, Teaters Trucking $578, $ 98, The bids are below the estimates and they are well within the budget and the Town is now able to proceed. The deductive alternative removes paving the walking trail from the project. The low bidder quote minus the deductive alternative, if chosen, gives a total bid for construction of $389, The amount of $135, was budgeted in the budget; if the Town choses to use crusher-run instead of asphalt the Town s expense reduces to $78,000 for a saving of $57,000. Crusher-run is currently used on the existing walking trail. Contingent upon VDOT approval, The Lane Group recommends the contract be awarded to the lowest bidder, King General Contractors, Inc. Motion by Charlie Doane, second Jim Bonham Council awards the contract to King General Contractors, Inc. with deductive alternative contingent upon VDOT approval. The motion was approved with the following recorded vote: Presentation and Request for Funding for Chamber of Commerce Business Boot Camp Ms. Sarah Gillespie, Executive Director of the Chamber of Commerce was not present to provide information to the Council. Motion by Brent Foster, second by Alan Counts Council drops this matter from the Agenda. The motion was approved with the following recorded vote: Deliberation of Police Running Radar on I-81- A few citizens have expressed concern as to why Town Police Officers were running radar on I-81. There are concerns for safety.

4 Chief Price reported the Department runs a split shift officer and while the split shift officer is on duty that provides two officers on duty at the same time. That is when an officer may voluntarily run radar on Interstate. Sergeant Smith presented a program to Council where if an officer is allowed to run radar on Interstate on their days off for overtime the pay is $25.00 per hour. If thirty-six hours are allotted for each officer per month the Town would pay out $4,500 per month for overtime, outside of their normal salary. In return each Officer would issue two citations per hour, all traffic stops on Interstate would be for 80 miles per hour or over for an average of a $60 fine per citation. The Town should profit $4,023 from one officer. Any officer running radar on Interstate is strictly voluntarily. Sergeant Smith observes each officer when they first begin to run radar on the Interstate and if there are any safety concerns the concerns are addressed and corrected immediately. If the Officers are allowed to run radar on Interstate on their days off for $25 per hour at the rate of two citations issued per hour the Town should generate $21,600 per month and $259,200 annually in revenue. The annual salary cost for the Officers overtime at the rate of $25 per hour is $54,000. The maintenance cost is estimated at $3,750 and fuel at $750 for a total cost of $58,500 for a net profit for the Town of $200,700. The Virginia State Police supports the Town officers running radar. Before a decision is made the Fair Labor Standards Act will have to be reviewed by the Town Attorney concerning the overtime rate. At this time each officer receives eight hours of overtime each pay period. Mr. Clark reported that for a Police Department to generate revenue is bad policy. The Towns of Marion, Abingdon and Wytheville do not run radar on Interstate. Motion by Brent Foster, second by Donna Blevins Council refers this matter to the Fire and Police Committee and if it goes into effect create a line item and track expenses and revenues. The motion was approved with the following recorded vote: Consideration of Appointments to Building Code Board of Appeals - The recommended appointments are as follows: David Blevins, serve one year, Kenny Miller, serve one year, Jim Payne, serve two years, Cathy Smith, serve two years and Wayne Trivette to serve three years. All five citizens have been contacted and agree to serve on the Building Code Board of Appeals. Motion by Brent Foster, second by Jim Bonham Council appoints all five recommendations to the Building Code Board of Appeals. The motion was approved with the following recorded vote: Notice of Board of Zoning Appeals Meeting on August 19 th on Proposed Trailer Park on West Lee Highway The Board of Zoning Appeals met with the Town Attorney the previous week and gave the Board recommendations concerning the purposed Heath Brothers Trailer Park. The Board of Zoning Appeals will meet August 19, 2015 at 5:30 p.m. in the Council Chambers. Proposed Contract on Garbage Pickup The contract was provided to Council in the Agenda packet. The purposed rates remain the same from the previous year. Motion by Donna Blevins, second by Brent Foster Council authorizes the Town Manager to sign the Contract. The motion was approved with the following recorded vote:

5 Update of Mill Creek Regional Plant Mr. Jeff Spickard with The Lane Group reported that significant progress is occurring as well as weekly staff meetings. A completed plan preparation was submitted to the Virginia Department of Health for their review. The last shipment of replacement modules is expected August 31 st and the two skids are already in possession. By mid- September the Town should be producing water. Motion by Brent Foster, second by Alan Counts Council continues this matter. The motion was approved with the following recorded vote: New Business: Mr. John E.B. Clark, Jr. reported on the following: Notice of Chamber of Commerce Town and County Banquet The Annual Chamber of Commerce Town and County Banquet is scheduled for Thursday, August 27, 2015 at 6:30 p.m. at the W.L. Hanger. Notice of Loan Award and Response on Lee Highway Water Interconnection The Town and Washington County Service Authority has received grant funds from Mount Rogers to install an interconnection from Snap s Trading to Industrial Park Road. A meeting is scheduled for Tuesday, August 18, 2015 at 8 a.m. for possibly a better rate on a $291,000 loan for emergency water transfers. Motion by Brent Foster, second by Donna Blevins Council continues the matter. The motion was approved with the following recorded vote: Committee Reports: Mr. John E.B. Clark, Jr. reported on the following: Wellness and Parks on Background Checks, Apple Festival Building and Other Issues Signup for Football and Cheerleading is now open with a cutoff date set for August 28, The registration fee is $40 and includes their uniform and pictures. The registration fee will also assist with the background check fee from the Virginia State Police which is $20 per background check. A mandatory concussion clinic will be held for all coaching staff prior to the opening game. The Director s salary will be issued at the end of the regular season. The Directors will provide elementary reporting to Council at the end of the regular season. The teams plan to play other teams outside of Chilhowie such as the Town of Saltville, Glade Springs and Damascus. The discussion concerning the proposed Apple Festival building was tabled and will be discussed again at a later date. Mr. Gene Groseclose described the proposed building to be 36x60 feet and located between the Old High School and Headstart building, where the old bathrooms are. The proposed location would not deny that much Little League parking and it meets the 10 setbacks. The building would be used for Apple Festival storage and for Fire Department storage. If the Apple Festival Committee ceases to exist the building would revert to the Town and the proposed building would be an Apple Festival expense. A suggestion was made to place the Apple Festival storage building at the Town Shop area where there is more room and more protection. There is concern in reference to the deed to the property of the proposed location concerning a restricted covenant. The Town Attorney will review the matter and report during the September Council meeting.

6 Motion by Brent Foster, second by Donna Blevins Council continues this matter with Town Attorney to review the deed of the property. The motion was approved with the following recorded vote: Public Works Committee to Discuss Brush The Public Works Committee had previously met prior to Council and recommended the week of the third Monday the Public Works Department is to remove brush or chip brush on Tuesday, Wednesday and Thursday. This policy is to be effective September 1, 2015 and is advertised for public knowledge. A maximum of one dump truck load per household per month. The policy determines the size and volume of the brush to be picked up and if a contractor is hired to remove limbs or trees it is the contractor or home owner s responsibility to remove the brush. Town of Chilhowie Brush Pickup Policy Effective September 1, 2015 The Town is pleased to offer brush pickup and/or chipping for citizens within the corporate limits of Chilhowie. The regulations below have been placed on this service to ensure efficiency in cost and labor. The pickup schedule will be the week of the third Monday of each month and commence on the following Tuesday, Wednesday and Thursday. Fridays of that week will be used as a spill over day if needed. A maximum of one load per household per month will be picked in a volume of not greater than a small dump truck can hold reasonably compacted. The Town will only pick up brush eight (8) feet or less in length and four (4) inches in diameter or less. No trees, stumps or lumber will be picked up. No brush will be picked up by the Town in which an individual(s) or contractor has been hired to perform the work. If so it is the citizens or contractors responsibility to take off the brush. No brush will be picked up which has been brought into the corporate limits from outside. Brush must be placed adjacent to the street with all branches stacked in the same direction. It must not impede vehicular or pedestrian traffic. It cannot be placed on water meters, sewer manholes or cleanouts, fire hydrants, or guy wires. Persons wanting their brush picked up should call the Town Hall before the week of the third Mondays, if possible, at The Town will make every effort in picking up the brush the week of the third Mondays but emergencies and inclement weather may impact that schedule. Motion by Charlie Doane, second by Bill Clear Council implements the Brush Pickup Policy effective September 1, The motion was approved with the following recorded vote: Department Reports: Mr. John E.B. Clark, Jr. requested a Personnel Committee meeting concerning the Personnel Policy to be scheduled before the September Council meeting. Mrs. Henderson reviewed the current Budget vs. Actual. Any Other Council Business: Mayor Heninger reported that the Town of Chilhowie and Advance Auto partnered to host a car show on August 8, A total of $700 was generated for the Veteran s Memorial. Mr. Foster reported the lights in front of the Old High School are flickering on and off.

7 Motion by Brent Foster, second by Donna Blevins this meeting was adjourned at 9:02 p.m. The motion was approved with the following recorded vote: Mayor Gary L. Heninger Clerk Marlene L. Henderson, MMC