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HomeMy WebLinkAbout03-06-18Minutes of the Pulaski Town Council meeting held at 7:00 p.m., March 6, 2018 in the Council Chambers of the Town Municipal Building at 42 First Street, N.W. In attendance were: Mayor: Robert N. Glenn, presiding Councilmen Present: David L. Clark; Gregory C. East; Joseph K. Goodman; H.M. Kidd; Lane R. Penn; James A. Radcliffe Planning Commissioners Present: Robert N. Glenn; Terry Hale, Sr.; Linda Hall, Kevin Meyer; Clark Payne; Kathy Sealander, Melissa Thomas Administration: Shawn M. Utt, Town Manager Nichole L. Hair, Deputy Town Manager Legal Counsel: Spencer A. Rygas, Town Attorney Press: Melinda Williams, Southwest Times Mike Williams, Pulaski County Patriot Staff Capt. Andy Anderson, P.P.D. Kim Caudill, Administrative Manager Chief Robbie Kiser, P.F.D. Bill Pedigo, Town Engineer Chris Phillips, Street Superintendent David Quesenberry, Clerk of Council Rebecca Reece, Finance Director Justin Sanders, Town Planner Others Present: Ronald Boothe Betty Buckner Chris Conner Kayla Crowder Brooks Dawson John Jones Terry McPeak Justin Price Sally Quesenberry Mike Repass Vanessa Repass Emily Rupe John Rupe Pat Rupe Tom Rupe Thom Rutledge Stephanie Rygas Jonathan Sheppard Terry Smusz Tom Underwood Chris Utt Mayor Glenn called the meeting to order at 7:00 p.m. The Pledge of Allegiance was led by Mr. Radcliffe and the Invocation given by Mr. East. Following the roll call of Council, Mr. Sanders called the roll of the Planning Commission. After roll call, Mayor Glenn noted that there was a quorum for the conduct of business for both Town Council and the Planning Commission. Mayor Glenn then called for a motion to modify the agenda to move Item 13b. "Music and Merchants Festival' to "Presentations" as new Item 7b, and under "New Business" insert a new Item 13b. "Resolution 2018-14" appointing Nichole Hair to the NRV Development Corporation. Page 1 of 12/ March 6, 2018 Mr. Penn moved to modify the agenda as stated. The motion was seconded by Mr. Kidd and approved on the following roll call vote: Mr. Radcliffe -Aye Mr. Goodman -Aye Mr. East -Aye Mr. Kidd -Aye Mr. Clark -Aye Mr. Penn -Aye After modification of the agenda, Mayor Glenn welcomed guests and visitors to the meeting. Next item on the agenda was presentation of the annual report of New River Community Action (NRCA) by Ms. Terry Smusz and Ms. Sally Quesenberry (Item 7a.). Ms. Quesenberry and Ms. Smusz expressed their appreciation to Council for their support for the agency. Ms. Smusz gave a brief review of the NRCA's activity over the past year highlighting several of the larger programs such as: the new Head Start facility on Bob White Boulevard, for which she thanked Town staff for their assistance; the Head Start Early Learning Center at New River Community College; and the SwiftStart program. The SwiftStart program, a joint effort by NRCA and Total Action for Progress (TAP) provided job training for low income adults with children. Program participants completed an orientation session then were trained in various fields, while their children were enrolled in quality child care programs. In addition to assisting students with various needs during the process, career mentors were assigned to each client to help them develop a career pathway. Fourteen families from Pulaski County, Ms. Smusz concluded, were enrolled in the program. To Mayor Glenn's question on funding, Ms. Smusz described it as "challenging" but noted that Delegates Rush and Hurst had submitted budget amendments for community action statewide which had reached both the Senate and House. This was a favorable development she said, since state funds were the agency's core source of funding. The Federal Government was the biggest challenge, given the current situation, since some state funding had its roots in Federal agencies. Ms. Smusz said the agency was fortunate to have a large number of private supporters. There being no questions from Council, Mayor Glenn thanked Ms. Smusz and Ms. Quesenberry for their presentation. Mayor Glenn then considered the next item, the" Music and Merchant's Festival" (Item 7b). Mr. Chris Conner addressed Council concerning his proposed "Music and Merchant's Festival". Mr. Conner said his conception was to create an event that "fitted" Pulaski. He envisioned this concept would grow to become an annual event that would be family oriented and feature the Town's merchants. Referring to a PowerPoint presentation, Mr. Conner reviewed for Council the general features of the "Music and Merchant's Festival" including vendors, layout of the event between Jefferson Ave. and Washington Ave., entrances and exits, ABC enforcement, security, and insurance. Security would be provided by four members of the Pulaski Police Department with the event paying for overtime expenses. Mr. Conner then reviewed the budget ($11,250) for the event informing Council his goal was to send $3,500 to the United Way. Mr. Goodman asked Mr. Connor if he had sought funding matches for donations to the United Way. Mr. Connor said he had not but he was still seeking sponsors for the event. Page 2 of 12/ March 6, 2018 1 Mayor Glenn asked if any other communities donated profits from their events to non-profit groups. Ms. Kayla Crowder replied that every year, the Radford "Craft and Draft" event chose a different non-profit to accept a portion of the proceeds. Mr. Conner emphasized that his business would receive no monetary benefit and all proceeds, after expenses, would go to the United Way. Mayor Glenn suggested that the vendors might be placed in the center of the street and that in the long term, should the event turn out well, that a 501 (c) 3 be created to take the event to the next level. Mr. Goodman suggested that Mr. Connor contact a restaurant with a liquor license to help guide the group through the ABC process and recommended he contact the Yankees' organization. Mr. Kidd commented that consistency was the key to growing the event from year to year, while Mr. Clark said, it was events such as this that could bring people from other communities into the Town. Mr. Goodman asked Mr. Utt since the group was looking for sponsors, could the Town absorb the overtime costs. Mr. Utt replied that was up to Council. Mr. Goodman felt that it was an appropriate gesture to help bring people into Town so they would see how the community was changing. Mr. Goodman then moved that the Town provide the staff at no cost to the event. Mr. East seconded the motion which was approved by the following roll call vote: Mr. Radcliffe -Aye Mr. Goodman -Aye Mr. East -Aye Mr. Kidd -Aye Mr. Clark -Aye Mr. Penn -Aye Next item on the agenda was a joint public hearing with the Planning Commission on Planning Commission Case No. 2018-01 RZ (Rezoning). (Item 8a.). Before the hearing began, Mayor Glenn said any comments from the public were to be specific to the rezoning. Following the joint hearing, the Planning Commission would reconvene down the hall to come back to Council with a recommendation. Council would then have further discussion and make a final decision. Anyone who wished to speak on the rezoning, the Mayor continued, could speak at the joint hearing, at the Planning Commission, or in the Council Chambers when a recommendation was returned from the Planning Commission. Ms. Hair presented the staff report on the rezoning request from SHAH Development for the property located on Pierce Avenue and Graham Street to be rezoned from R-4 Residential District to B-1 Local Business District. Mayor Glenn opened the public hearing at 7:28 p.m. Mr. Thom Rutledge, agent for SHAH Development, spoke on behalf of the applicant informing Council that the piece of property under review was located across Pierce Avenue from Calfee Park and was currently used as a gravel parking lot. The residence at the location he told Council, had been sold to its current owner. The permitted uses of the R-4 and B-1 districts he continued, were reviewed with the help of staff to assist in considering the future needs of Calfee Park. There was a need for more facilities for the visiting teams, which required a special exception process in the R-4 District. A B-1 rezoning would be "cleaner" and allow for more flexibility for the future expansion of Calfee Park. Page 3 of 12/ March 6, 2018 Mr. Rutledge thanked the residents, the Town and surrounding communities for their support of Calfee Park. He concluded his remarks by saying the B-1 would allow the park to continue to expand and grow as the organization grew through the Appalachian League. Mayor Glenn asked if the house on the corner was to be taken down. Mr. Rutledge responded that the house had been sold to its current owner. The property considered for rezoning he continued, retained road frontage on 5th St. and Pierce Ave. and "wrapped around" the residence. Mayor Glenn asked about the office above Calfee Park. Mr. Rutledge responded it had been rezoned to B-1 as had Calfee Park itself. Mayor Glenn said he had received questions on the parcel being contiguous to the primary property, but saw the request was in keeping with what had been done before. Mr. Rutledge said he could not tell the Town what would be built on the site and that it would probably remain a parking lot for the present. Mr. Goodman asked Ms. Hair if anything had been heard from neighboring property owners. She said a handful had come in or called. Some had questions how the rezoning would affect their tax rates or property values. Ms. Hair informed them those matters were handled by the county not the Town. Mrs. Emily Rupe asked if the rezoning were done, what would it do to her tax rate. Mayor Glenn replied that her property would remain residential and taxes would be based on the County's assessment which in turn was based on the zoning. He added that being adjacent to a business zone would not necessarily change her tax rate. However he cautioned, it was not known what the county assessor would do, but theoretically it should not change her taxes at all. Mrs. Rupe also asked Council about a letter she received, stating that her house was historic and they could not add or subtract from their property unless the Town approved. Council replied that they had not heard of such a letter and asked for a copy to review. She also asked why she got a registered letter about the rezoning. Mr. Goodman responded it was because she was an adjacent property owner to the ballpark which the zoning law required that she be notified of the hearing. As regarding Mrs. Rupe's final question on double taxation by the Town and County, Mr. Rygas said that the matter would be better suited to the Public Comment Period. Mr. John Rupe spoke to Council saying that the property was directly behind his back yard. While he was not thrilled by the proposal, he was excited about it because it was helping Pulaski grow. He added he would support the rezoning for the well-being of the Town. Mr. Tom Rupe commented on some of the problems that larger communities were experiencing and the positive aspects of the Town and its surrounding area. There being no further comment, Mayor Glenn closed the public hearing at 7:44 p.m. and gave notice of the Planning Commission's meeting in the front hall conference room. Persons who wished to comment further on the rezoning he said, could go with the Planning Commission. However, he emphasized, Council would not entertain further discussion of the rezoning. Mayor Glenn suggested that a recess be called while the Planning Commission met to make a recommendation. After a brief discussion, Council agreed, following a recommendation from Mr. Rygas, that a recess was appropriate. Mayor Glenn called a recess at 7:45 p.m. Page 4 of 12/ March 6, 2018 1 11 1 Mayor Glenn called the Council back to order at 7:56 p.m. and asked for the Planning Commission's report. Ms. Hair reviewed Planning Commission Resolution 2018-01, in which the Commission recommended to Council that the parcel 081-007-0169-0012 be rezoned from R-4 Residential to B-1 Local Business District. There being no discussion, Mr. East moved that Council accept the recommendation by the Planning Commission regarding Case No. 2018-01 RZ. The motion was seconded by Mr. Radcliffe and approved on the following roll call vote: Mr. Radcliffe -Aye Mr. Goodman -Aye Mr. East -Aye Mr. Kidd -Aye Mr. Clark -Aye Mr. Penn -Aye Council then moved to the "Public Comment Period" (Item 9a.). Mr. John Jones addressed Council concerning various complaints which were: speeding and running stop signs by Pulaski Transit buses; the Police Department not obeying the laws they enforce; excessive mileage on police vehicles; the VuhVanagon, Volkswagen yard on Route 11; and speeding and tailgating by police officers. Ms. Hair, responding to the comments on the VuhVanagon site, said the Town was working through the site plan development process and had contacted the Division of Motor Vehicles (DMV) and the Dealer Board. Both she and the Town Engineer would be participating in a phone call with the Department of Environmental Quality (DEQ) on possible waste issues. Mayor Glenn asked that Mr. Utt notify Pulaski Area Transit (PAT) of the complaint. Mr. Utt advised Mr. Jones to get the number of the PAT vehicle or police unit if he saw another incident of unsafe driving. Mayor Glenn said the issue of using Town vehicles would be addressed later in the evening. Regarding the vans, he told Mr. Jones that the Town could not go onto the property until some higher agency like DEQ becomes involved. Staff would take a look at the issues mentioned involving inappropriate driving. Mr. Tom Underwood next spoke to Council concerning the $25.00 annual fee for keeping bees or chickens in the Town. He felt the $25.00 fee should be levied as a one-time fee not an annual fee. He felt it was not appropriate to target a small group of persons keeping bees or chickens with an annual fee, which he encouraged Council to drop. In addition he mentioned the ordinance did not address getting additional hens to replace those that had quit laying. A better way to handle the issue he felt, was to put a letter in the water bills reminding citizens to register if they have chickens. If they were in violation he continued then a $100 fine should be imposed. After the comments, Mr. Goodman asked that the issue of retiring hens be reviewed. Ms. Hair replied that this was somewhat of a "gray area". Mr. Radcliffe said he understood the point concerning the $25.00 fee and felt it might be waived if there were no violations. Mayor Glenn told Mr. Underwood that the matter would be revisited with the Planning Commission and staff and that some adjustments would be made. Page 5 of 12/ March 6, 2018 Mr. East asked what the intent of the $25.00 annual fee was. Ms. Hair said it was to give owners some "skin in the game" and that the fee could be waived if Council wished it. She noted that of eight violations regarding chickens, only one had complied, which required an additional notification of violation. Mayor Glenn asked if a fine could be applied to persons not in compliance. Ms. Hair responded that there was a fine under the Zoning Ordinance along with some stringent penalties. Mayor Glenn asked Mr. Utt to bring the matter back for review and possible action. Next person to speak before Council was Mrs. Emily Rupe who asked about a letter she received from the Filter Plant and why did it take two years to get the letter. She asked what it meant and, if there was no immediate threat, why was a letter sent out. Mr. Utt said the letter was not two years old and that the water was tested on a quarterly, if not daily basis, for different Health Department requirements. One test is related to water age, which this matter involved. The letter he continued, did not apply to Mrs. Rupe's area of town, but the notice was required to be sent to all water customers. The notice applied only to the Brookmont area and the area past the hospital. He said that the notice was not about a bad water problem, but a chemical that was in excess of Health Department standards. Mr. Gary Jennings, Chief Operator of the Filter Plant, said there was not a contamination issue and that the water was fine to drink. A letter was sent out Mr. Jennings continued, because he was required to do so. The chemical (haleoacetic acid) was present in the water all the time, but at times there was a little more which was measured in parts per billion. He noted that the regulations allowed 60 parts per billion and the testing on Town water varied between 63 and 65 parts per billion. He told the audience not to fear using the water. After a short discussion on the source of the Town's water and the status of the water lines in the Town, Mr. Goodman asked what the substance was. Mr. Jennings responded the chemical was haleoacetic acid which was created by using chlorine to disinfect water. Referring to a Health Department publication, Mr. Jennings noted that levels of the acid could vary from day-to-day. The level of the acid in the water was affected by runoff through forests and from the seasons. He said that the same thing had happened at the Arsenal and that it was not an unusual occurrence. Water temperature, concentration of chlorine and the amount of plant matter in the water were factors that could increase this chemical. Mr. Jennings welcomed any member of the public to tour the Filter Plant and the system's other facilities. Mr. Utt added that a year and a half ago, the Town received a grant for the Brookmont water system which feeds the County system that had the same problem. The Brookmont project would address the current concern. Mr. Jennings said work had been proceeding in house all along to reduce the amount of the substance in the distribution system. Next person to speak was Mr. John Jones who said for the last eight or nine years, that a chlorine smell was noticeable in his water. He read that chlorine was used as a means of covering up other problems. Mayor Glenn responded that he trusted the water department but it wasn't perfect due to the age of some of the water lines. He recommended that the homeowners test their water to see what the issue was. The letter that was mailed out he added, was required by the Department of Health. Mr. Goodman noted that he would rather drink the water from the Town any day than the re -filtered flow from communities upstream. While there were some issues, he said the water here was much better than what he grew up with. Council next considered the minutes of February 6th under the Consent Agenda (Item 10a.). Mr. Kidd moved that Council adopt the minutes of February 6, 2018 as written. The motion was seconded by Mr. Goodman and approved by the unanimous voice vote of the Council Page 6 of 12/ March 6, 2018 1 1 Next Item on the agenda was the Project Review Chart (Item 11a.). Mr. Utt noted, as follow up to the last meeting, that the Town was working to identify more trees that should come down in Oakwood Cemetery and locations for the new trees, about which the Town would consult with the Cemetery Trustee Board. He also announced that the Finance Department had collected almost $80,000 in delinquent real estate tax collections over the last 60 days. With respect to the Short-term Goals, (Item 11 b.), Mr. Utt said that the installation of the frame for the sign at the East Main "triangle" was underway. Regarding Peak Creek wall improvements, there had been a conference call with the Army Corps of Engineers, FEMA, National Weather Service, DEQ and other agencies who apparently desired to assist the Town. The Letter of Intent he emphasized had been submitted and added that it appeared the Town would become part of the Silver Jackets program with some funding possibly available by July 1St. Concerning the Senior Center improvements, Mr. Utt reported that project was half completed. Mr. East asked about the redevelopment of the Town's website. Ms. Hair said the launch date was July 1St. Mr. Utt added that the vendor had some staff turnover, but he did not know how that would affect the completion date. The Town he added, was keeping in close touch with the vendor. Council next considered "Old Business" (Item 12), starting with the Urban Agriculture Update (Item 12a.). Mr. Utt said given the citizen's comments earlier in the meeting, he felt staff had received sufficient direction for follow-up items. Council next considered Resolution 2018-12 concerning repurchase of cemetery plots. (Item 12b.). Mr. Utt said the resolution completed action on the issue and the staff recommendation was to approve it as presented. Mr. Clark recommended that Council adopt Resolution 2018-12 as written. The motion was seconded by Mr. Goodman and approved on the following roll call vote: Mr. Radcliffe -Aye Mr. Goodman -Aye Mr. East -Aye Mr. Kidd -Aye Mr. Clark -Aye Mr. Penn -Aye Next item for consideration was Ordinance 2018-01, Personnel Policy Amendment Related to Use of Tobacco in Town Vehicles. (Item 12c.). Mr. Utt said the ordinance was a follow-up to formalize a policy for tobacco use. After a short discussion, Mr. Goodman recommended to strike the word "nicotine" from the phrase "nicotine vapor products" under the definition of "tobacco free vehicles." Mr. Goodman moved to adopt Ordinance 2018-01 with the modification of the removal of the word "nicotine" in front of "vapor products" under the definition of "tobacco free vehicles". Mr. East seconded the motion which was approved on the following roll call vote: Mr. Radcliffe - No Mr. Goodman -Aye Mr. East -Aye Mr. Kidd -Aye Mr. Clark -Aye Mr. Penn -Aye Page 7 of 12/ March 6, 2018 Council moved to Item 12d, Ordinance 2018-02, Adoption of Revised Classification Plan to Include Tiered System. Mr. Utt told Council that he had adjusted the time qualifications for employees to advance to different tiers to three years or five years' service for all job descriptions. The packet had a listing of every job description and salary classification that the position would be assigned which implemented the tier system in full. He recommended approval of the ordinance as presented. Mr. East asked if the cost impact was understood. Mr. Utt replied that he did not have the full amount, but his expectation was that the implementation cost would be absorbed by the current budget. There might be an instance requiring reallocation of funds within a department or coming back to Council, but he did not anticipate that to a great degree at this point. Mr. East expressed concern that there was still a question mark (regarding cost). With budget coming on, he questioned Mr. Utt on the urgency to implement the tier system. He commented that if a decision was made without the budget numbers for this year, he felt he would be going in somewhat blind. Mr. Utt responded that he and Mrs. Reece had spent time with the budget earlier in the day. The majority of the budget was put together except for salaries, which was not completed because of anticipated action on the tier system. Mr. East said he had no issue with the tier system but that the price tag needed to be ironed out. Mr. Goodman asked if the cost would be more or less than $50,000. Mr. Utt responded that out of 106 employees it might impact 40% of them. Mr. Radcliffe asked if it would be 40% of the higher -end or lower -end employees. Mr. Utt said the system was focused on the lower end with the reason for the tier system being to give the lower earning employees the ability to advance without waiting for another position above them to open up. Mr. Radcliffe expressed concern if the tier system were adopted and the cost went up after the new budget went into effect, where would the money for the increase come from. Mr. Penn expressed concern that in the future the costs would add up. Mr. Utt said the goal of the tiered system was to encourage retention of employees and give them incentives to improve themselves and that the costs would have to be worked out. Mr. Goodman said it looked to him that the low end cost would be $1,150 and the high end was $1,700. The total cost he estimated, based on an average of $1,400, would be about $42,000 for 30 persons in Public Works. Mr. Clark remembered from the Salary Study that there was a place where funds to implement the study would come from. Mr. Utt said that the General Fund originally budgeted $150,000 for the study, but used only $110,000 leaving $40,000 to use. Mr. Goodman said that realistically the tier system needed to be done to help with retention and reduce turnover. Mr. East agreed the tiered system was the right system for retention and quality of employees, but he remained concerned over speculation regarding the cost. Mr. Goodman asked Mr. Utt how far into the budget process could he give reasonably concrete numbers for the cost. Mr. Utt replied that he could get a list of employees that would be affected rather quickly and would attempt to have a cost estimate by the March 13th budget session. Mr. Goodman moved to table the discussion until the March work session. His motion was seconded by Mr. East and approved on the following roll call vote: Page 8 of 12/ March 6, 2018 Mr. Radcliffe -Aye Mr. Goodman -Aye Mr. East -Aye Mr. Kidd -Aye Mr. Clark -Aye Mr. Penn -Aye Council next considered "Take Home Vehicle Policy Development" (Item 12d.). Mr. Utt reviewed items in the packet previously requested by Council that consisted of maps showing a 30 and 45 minute drive time map; updated take-home policy from the Pulaski County Sheriff's Office; and a map for a 20 mile radius from the Town. He told Council that the Sheriffs Office had adopted a take home vehicle policy which limited vehicles to five miles beyond the County boundary. Having reviewed the policy, Mr. Utt considered a compromise between the 15.38 mile radius and a 45 minute drive time, which would be a radius of 20 miles beyond the town boundaries in addition to 2 miles from the center of town to the Town limits. He recommended that Council formalize the use of the 15.38 mile radius and then requested direction from Council. Mr. Radcliffe said that he thought that vehicles should not leave Pulaski County. Mr. East, in looking at the 22 mile radius, said the area extended to Dugspur, Willis, and almost to Woodlawn. Even using the 15.38 standard, from a mileage standpoint, he felt the same problem remained, excessive mileage and wear and tear on the vehicles. He favored having "hard" boundaries for take-home vehicles with the Town Manager having the authority to grant exceptions based on certain criteria. Mr. Penn agreed stating that he thought the cars should stay in the county Mr. Goodman said the reason that the five -mile limit worked for the Sheriffs Department was because the deputies had to cover the whole county. He said that there had to be a point where Council had to limit the wear and tear on vehicles, in light of the expense of vehicle replacement. The issue made it necessary to seek a careful balance. Taking vehicles away from employees outside the County limits was wrong he added, but moving forward, it needed to be understood that vehicles would remain within the County limits. The Town Manager would have the authority to render a decision justifying use outside the given area. Mr. Kidd said that he knew a lot of people did not like it (take-home vehicles) but it was a perk for the Police Department and a tool to keep the officers with the Town. Mr. East said he understood Mr. Kidd's position and asked if the Compensation Study took into account the use of take-home vehicles. Adoption of the pay study, he continued was to make the Town more competitive with other departments in the area. He did not believe that take home cars was a perk. Mr. Utt said the study had a benefit comparison, but that he would find out if take home cars were mentioned. Mr. Radcliffe said his biggest issue was the mileage for non -Town business. The mileage that was figured he added, was excessive for in -Town use and was being put on another way, which was a problem. A discussion then ensued concerning average mileage of vehicles and how it might be affected by take home vehicles. Following the discussion, Mr. Goodman moved that the take home vehicle policy for newly advertised positions be limited to the boundaries of Pulaski County, that existing employees be grandfathered, and Page 9 of 12/ March 6, 2018 1 1 any need for take home vehicles outside County limits be subject to the review and approval by the Town Manager. Mr. Clark seconded the motion. Upon Mayor Glenn's call for discussion, Mr. East felt that the part of the motion where current employees were grandfathered was a blanket statement that changed nothing. He would be inclined to give that discretion to the Town Manager. Mr. Goodman replied that the wording of the motion was due to an agreement with existing employees. Mr. East said he was unsure if a blanket statement could be made. Mr. Utt suggested that the grandfathering could apply to a certain distance beyond the boundaries. Mr. East responded that Council didn't want to make the issue more complicated. He felt that the Manager's discretion should be based on prior obligations to specific individuals, not a blanket statement. Mr. Goodman said the grandfather portion of his motion was for the employees currently going outside the Town limits. Mr. Utt suggested the radius from the packet would be used to grandfather employees. Mr. Penn, then moved for a substitute motion upon which Mr. Goodman withdrew his motion. Mr. Penn moved that Council allow cars to go no further than the county limits. The motion was seconded by Mr. Radcliffe. Mr. Goodman said the motion punished current employees and removed discretion from the Manager. Mr. East stated that Mr. Utt should still have that discretion especially in cases where employment contracts were involved. Mr. Clark brought up the ramifications of changing the conditions of an employment contract after the contract was signed. Mayor Glenn then called for the vote on Mr. Penn's motion which was not approved on the following roll call vote: Mr. Radcliffe -Aye Mr. Goodman - No Mr. East - No Mr. Kidd - No Mr. Clark - No Mr. Penn -Aye Mr. East then moved to limit cars to the county limits and authorize Mr. Utt to review on an individual basis the use of cars outside the county limits. The motion was seconded by Mr. Clark and approved on the following roll call vote: Mr. Radcliffe -Aye Mr. Goodman -Aye Mr. East -Aye Mr. Kidd - No Mr. Clark -Aye Mr. Penn - No Council proceeded to New Business, first considering Resolution 2018-13 proclaiming March as Red Cross Month. (Item 13a.). Mr. Kidd moved that Council adopt Resolution 2018-13 as written. The motion was seconded by Mr. Goodman and approved on the following roll call vote: Mr. Radcliffe -Aye Mr. Goodman -Aye Mr. East -Aye Mr. Kidd -Aye Mr. Clark -Aye Mr. Penn -Aye Next item was Resolution 2018-14 appointing Nichole Hair to the New River Valley Development Corporation (Item 13b.). Since the resolution had not been distributed to Council, the matter was deferred to the March 20th work session. Council then moved to the review of the draft Special Events Policy (Item 13c.). Page 10 of 12/ March 6, 2018 G C Mr. Utt told Council that the draft policy, taken from research performed by an intern, was a template to get a formal process in place to get more persons and events in the Town. After a brief review of some portions of the policy, Mr. Goodman commented that there should be language in the policy concerning use of the Town copyrights and trademarks. Mr. Utt replied that he needed to ask the Town Attorney if the brand should be copyrighted. In addition, Mr. Goodman mentioned looking into the use of a Town logo to be used for special events that was not the official logo. Next issue considered was the 8th Street, N.W. water complaint. (Item 13d.). Mr. Utt reviewed for Council a complaint from 8th Street about low water pressure which resulted in no water available in the second story of the residence. Mr. Pedigo said that there was a two inch line in the area which he felt had reduced down in size because of its age. He suggested that a six inch plastic waterline be laid on the north side coming off of Randolph Avenue just past the residence which would solve the problem. The 140 foot line would cost he estimated $5,600 and would give a point to extend service to Jefferson Avenue in another budget year. Mr. Goodman suggested taking the funds for the repair out of reserves since Mr. Utt informed him this year's budget for repairs was exhausted. Mr. Goodman moved that Council appropriate $6,000 from the unappropriated fund balance to run a water line from Randolph Ave. to the home in question, 128 8th Street, N.W. The motion was seconded by Mr. East and approved on the following roll call vote: Mr. Radcliffe -Aye Mr. Goodman -Aye Mr. East -Aye Mr. Kidd -Aye Mr. Clark -Aye Mr. Penn -Aye Next item was the Closed Session (Item 14). Mayor Glenn called for motion to enter Closed Session under: Va. Code 2.2-3711 (A) 1, for one item under personnel matters concerning retirement incentives; Va. Code 2.2-3711 (A) 5, for one item under a prospective business matter regarding utility services; and, Va. Code 2.2-3711 (A) 7 for two items under consultation with legal counsel involving a zoning complaint and Gatewood operations. Mr. Goodman moved to enter the Closed Session for the aforementioned items. His motion was seconded by Mr. Clark and approved on the following roll call vote: Mr. Radcliffe -Aye Mr. East -Aye Mr. Clark -Aye Council entered Closed Session at 9:28 p.m. Council returned from Closed Session at 10:39 p.m. Mr. Goodman -Aye Mr. Kidd -Aye Mr. Penn -Aye Mayor Glenn called for a certification motion that Council discussed only those four items for which it went into Closed Session regarding one item under Va. Code 2.2-3711 (A) 1 for a personnel matter regarding retirement incentives; one item under Va. Code 2.2-3711 (A) 5 for a prospective business matter concerning utility services; and, two items under Va. Code 2.2-3711 (A) 7 for consultation with legal counsel regarding a zoning complaint and Gatewood operations. Page 11 of 12/ March 6, 2018 Mr. Goodman made the certification motion, which was seconded by Mr. Clark and approved on the following roll call vote: Mr. Radcliffe -Aye Mr. Goodman -Aye Mr. East -Aye Mr. Kidd -Aye Mr. Clark -Aye Mr. Penn -Aye Mr. Kidd then moved to adopt Resolution 2018-14 appointing Ms. Hair as the Town representative to the New River Valley Development Corporation. The motion was seconded by Mr. Goodman and approved on the following roll call vote: Mr. Radcliffe -Aye Mr. Goodman -Aye Mr. East -Aye Mr. Kidd -Aye Mr. Clark -Aye Mr. Penn -Aye After a review of upcoming meetings, Mayor Glenn called for a motion to adjourn. The motion to adjourn was made by Mr. Goodman, seconded by Mr. Clark and approved by the unanimous voice vote of Council at 10:43 p.m. Approved: Rolbert N. Glen Mayor ATTEST: David N. Quesenberry Clerk of Council 1 Page 12 of 12/ March 6, 2018