AGENDA Wytheville Town Council

Monday, September 28, 2015 7:00p.m.

Wytheville Municipal Building 150 East Monroe Street

Wytheville, Virginia 24382

A. INVOCATION-COUNCILMAN WILLIAM B. WEISIGER

B. CALL TO ORDER-MAYOR TRENTON G. CREWE, JR.

C. ESTABLISHMENT OF QUORUM-MAYOR TRENTON G. CREWE, JR.

D. PLEDGE OF ALLEGIANCE-VICE-MAYOR JACQUELINE K. KING

E. CONSENT AGENDA

1. Minutes of the regular meeting of September 14, 2015

2. Request of George Wythe High School for a special exception facility permit for the George Wythe High School After Prom event to be held on April 30-May 1 , 2016

3. Request of Wytheville Baptist Church, St. Paul United Methodist Church and Wytheville Presbyterian Church to close a portion of Church Street from 4:30 p.m. to 7:00 p.m. on October 31, 2015, for The Church Trunk or Treat Halloween activities

F. CITIZENS' PERIOD

G. OLD BUSINESS-TOWN MANAGER C. WAYNE SUTHERLAND, JR.

H. COMMITTEE REPORTS

1. Budget and Finance

a. State reimbursement for personal property car taxes

b. Resolution regarding Industrial Revitalization Funding application

c. Repayment of loan from the Enterprise Fund to the General Fund

2. Public Works

a. Resolution regarding the Virginia Department of Transportation HB2 projects

b. Paving bids received

I. ORDINANCES/RESOLUTIONS

1. Resolution regarding an application for Industrial Revitalization Funding for the renovation of the former R. P. Johnson building

2. Resolution regarding conveyance of Parcel 3 of the Jackson property

3. Resolution for the Virginia Department of Transportation HB2 projects

J. APPOINTMENTS

1. Appointment/reappointment of a member to the Joint Industrial Development Authority to fill the expiring term of Mr. David Kause (term expires November 10, 2015)

K. ADJOURNMENT

G:\COUNCIL\COUNCIL AGENDAS\2015\092815.doc

WYTHEVILLE TOWN COUNCIL AGENDA INFORMATION

Meeting Date: Monday, September 28, 2015

Item Name: Consent Agenda

Item Number: E-2

Subject: Special Exception Facility Use Permit-GeorQe Wythe High School After Prom

SUMMARY:

The Town has received a request from the George Wythe High School After Prom for a

Special Exception Facility Use Permit for overnight use of the Recreation Center for an

after prom event to be held April 30-May 1, 2016. The recommendation from the

Recreation Commission is enclosed, and they would recommend that this request be

approved.

333 COMMUNITY BLVD WYTHEVILLE, VA 24382

(276) 223-3378 Fax (276) 223-3364 rec. wytheville.org

MEMORANDUM

TO: Sherry Corvin, Town Clerk

FROM: Crystal Hylton, Services Coordinator/ Administrative Assistant

DATE: September 11 , 2015

SUBJECT: Special Exception Facility Use Permit

On September 9, 2015, the Recreation Commission voted to recommend to Town Council the approval of the special exception facility use permit for the George Wythe High School After Prom to be held overnight on April 30/May 1, 2016.

Rental Contract and Special Exception Facility Use Permit Attached.

TOWN OF WYTHEVILLE Application For Special Exception Facility Use Permit

Name of Applicant: 4 \ I <A Q. tfU. ~ r Organization Representing: Ge.of<je... rJ\f+ht Y\f+tr Pro(Y) Organization Address:

MailingAddressofApplicant: 6LO Lor<:~ U(\\Je. - W\Jfue\1.\\t Phone Number of Applicant: a f"} i4 · ~ ~3~ 7 3Dd. l Lt\ 1) a <"lli )~$ lCf30 ( +\oh'J) What facility are you requesting a special exception use permit: Q~c rccJ"i on G: f\ ter

Thoroughly explain the acti~ty which is propose~ in the facility: A~-fh:r Prorn -w c vJ ou..\ e\ \)(o-J,dl(.. 3a..~~s, \col:\ Clf)~ 111!. \cde .. b\e.'S -\ol -\ne.. Rtds to e ojcxJ,

Whatisthepurposeoftheactivity? l O prJ v',de... Oll( -tee.n~e..<s tl SG\~c.. n.nc.\ Ca\tvc\\ec\ en<Jvome.f\T O~! txom nll.l ~\

What is the proposed date for the act1v1ty? A p t l \ ~ 2 O\ 5 I

What are the intended hours of facility use: 1 ~:co o..xn - ~ DO (lf"n

Give the purpose and the an;ount of fees that will be charged to att7ndees: -- N 0 .fees criy tne... ~fe-~~t~e, c~ e1- i$ ~h,(t as -the<r h ctet:-. f\~1cr- {)fbrf) p~ '=> -ffie.. ct 1 .\re(enee.. ct 5\f\1 ;-t, t'O"::>t CLnd :u 5-'- r

If fees are charged who will receive the proceeds?NA

How many persons will be attending the activity? Not exa.c-Y\'j Sct(e. ~n-h l clo~ ~ +•me.. Ltn cl ~( s~,, +~~K.e-Ts. Lo.:sb 'iea.r U.JCL\.nd tSO

Is the activity open to the public? No

If not, who is invited to the activity? ()()\\) J'lU\1 0(' Q()C} s~rllo(" .::>twkn~ ~ (ln ·l J.,IA ,.0 o.pn&·" 1/t\.~ p<orf\ oa.,-\es ~ 11C1 1rh ... 1r , . I.J

If activity is open to a specific group, how will access to the activity be controlled? \J..J C. .Se \\ u. 5 f.) c' c ( .r, '­S'r\1\t vJY\IL-\) . ~ -\'he_, r hc..\:et, I{) me'-\ ffi\A':rt. wecu ih~ 5 t'\l(t -for C\Ofn1n\u.ntt . We.. h~ve.. c"- chec."-t 1-s-L o-\? ~V'Io pU-rcha.St'£1\ sh,(l~ Will an attendee roster be available at the entrance? YeS What is the age of persons attending the activity? I 't ..., \ q Will alcohol be present or consumed during the activity? N 0

How many individuals will be supervising the activity? 0 Cl e.. G\t\u...\-\- -\or e \It:~ t 0 \..-.\ ~? Do you agree to take care of all set up responsibilities according to department policy ? '/ e S

If not, do you realize a fee will be charged?

Do you agree to take care of all clean up responsibilities according to department policy? '{ ~ S If not, do you realize your deposit will not be refunded?

-· Do you understand that the deposit may not be refunded and/or additional fees assessed if there

are damages, disciplinary confrontations, or if you failure to abide by the policies? ~ e-3 Is the applicant at least 18 years of age? \1 C '::> At least 21 years of age? '/ e S Does your group have access to its own facilities for the event ? ' / c S If yes, why request the use of Town facilities? Spo.. t c.. - We... W 0'"'-~ e\ h c.\, v (_. 1 o_ \.l ~( +he.. '?Cnoo\ :_)j('('l CAX\0 1t-- 1 S no\- bl_g t'I\Ot.Ag h ~O'f ~e. (leA-\" ' he. S

Is your group covered by a Liability Insurance Policy (please attach): t_o.n ().<t,J.\ r e..

Do you understand that a Liability Insurance Policy may be required? \/ e_ S Have you read, understand and agree to abide by the General Guidelines for Special Exception

Facility Use Permits? ~t S Other information:

Signature:O/!Ju:n:v 0 ~~ Date: !~J 30) I 5-

Submit this application to the Director of Parks and Recreation: Wytheville Community Center, 333

Community Blvd, Wytheville, VA 24382. For information regarding procedures, please refer to GENERAL

GUIDELINES FOR THE SUBMITTAL OF APPLICATIONS TO THE TOWN OF WYTHEVILLE FOR

SPECIAL EXCEPTION FACILITY USE PERMITS FOR FACILITIES UNDER THE AUSPICES OF THE

TOWN OF WYTHEVILLE DEPARTMENT OF PARKS AND RECREATION.

For Office Use Only

Signature: ~~ Date Received b~.J?~ ~ation:

Date Reviewe~eation Commission: lf-'1 - IS Signature: "V~

Date Reviewed by Town Council: ________________ _

Signature: _______________________ _

Permit Approved: YES NO

Restrictions, requirements, standards, etc.:

F:\Forrns\Facility Use\special exception perrnit.wpd

2

T~"'~lO~Lefu--9-'l'\ !"-~ -----­'"Par~ 4 :eecr~ Vep~

J3;J CummuuJty m .. J 'r\'yihi!VIllc:, VA :!431U :!7(;.:!.;!3 JHK hUJl;/ln:.:.wyllt.eYdll!' <111)

Contract#: 23671 Date: 01 Sep 2015

Rental Contract I Permit

Printed: 01 Sep 2015, 03:28PM

User.· crystalh

User:

Status: crystalh Tentative

Town of Wytheville Parks & Recreation, hereby grants George Wythe After Prom (hereinafter called the "Licensee") represented by Alicia Huff, permission to use the Facilities as outlined, subject to the Terms and Conditions of this Agreement contained herein and attached hereto all of which form part of this Agreement.

I) Purpose of Use

II} Conditions of Use

Iii) Dato(s) and Tlme(s) of Use

Facility/Equipment Day

Community Center - Sat Multipurpose Room

Community Center- Sun Climbing Wall

Community Center- Gym Sun

Community Center- Kitchen Sun

Community Center- Sun Youthrreen Center

lv) Additional Fees

v) Payment Method

Rental Fees

$0.00

Extra Fees

$0.00

Program After Prom

# of Bookings: 5

Start Date

30 Apr 2016

01 May 2016

01 May2016

01 May 2016

01 May 2016

Tax

$0.00

Starting: Sat 30 Apr 16 10:00 PM Ending: Sun 01 May 16 06:00AM

Start Time

10:00 PM

12:00AM

12:00AM

12:00AM

12:00AM

Rental Total

$0.00

End Date End Time Foe

01 May 2016 06:00AM $0.00

01 May 2016 03:00AM $0.00

01 May 2016 05:00AM $0.00

01 May 2016 05:00AM $0.00

01 May 2016 05:00AM $0.00

Damage Deposit

$300.00

Total Applied

$0.00

Rental charges are due according to the following schedule:

vi) Other lnfonnatlon

vii) Additional Notes

Date

01 Sep 2015

Climbing Wall -Community Center

Gym -Community Center

Kitchen -Community Center

Multipurpose Room - Community Center

Youthffeen Center- Community Center

Amount

$300.00 Rental Deposit Due

Expected: 180

X Fee Tax

$0.00 $0.00

$0.00 $0.00

$0.00 $0.00

$0.00 $0.00

$0.00 $0.00

Balance

$300.00

Total

$0.00

$0.00

$0.00

$0.00

$0.00

Current

$0.00

Page: 1

Printed: 01 Sep 2015, 03:28PM

User: crystafh

Contract#: 23671 Date: 01 Sep 2015

Rental Contract I Permit

User: Status:

crystalh Tentative

The undersigned has read and on behalf of the Licensee agrees to be bound by this Permit/License and the Terms and Conditions contained herein and attached hereto, and hereby warrants and represents that he/she executes this Permit/License on behalf of the Licensee and has sufficient power, authority and capacity to bind the Licensee with his/her signature.

X: (lkj~ Jkl/r-Aiicia Huff

George Wythe After Prom 820 Loretto Drive

Wytheville VA 24382

USA

Price will be $16 per person wfswimming or $14 w/o swimming. Number of

people to be established 2 weeks prior to event (Min 60)

Rental hours- set up time for parents/staff will be 10pm-12am. Event Time

is 12a-Sa. Clean up Sa-6a.

Parent/Staff group must meet with Rec Dept Staff within the 2 weeks prior

to the event to discuss event details. Any questions or specifics on what is

allowed or not allowed needs to be discussed before scheduling specific

activity for night of.

Liability Policy is required as noted in rental policies.

X:

Name:

Title:

Home:() Business: (276)223-7302 Fax: (276) Town of Wytheville Parks & Recreation

Date: Date: ---------------------------- --------------------------Page:2

T~~W~--~~~-----­"Par~ 4 ::eecr~ Pep~

FACILITY RENTAL POLICIES

Deposit: A deposit is required for each room reservation payable when making the reservation (see Center Rate Schedule). The deposit is refunded if the group has fulfilled the contract terms, the group cleans up adequately, vandalism and damages have not occurred and group has stayed within rental hours. Any overage in rental hours will be withheld from the security deposit. If the security deposit does not cover overage, addition will need to be paid upon leaving. Behavior problems of any nature will result in forfeiture ofthe deposit.

Rental Fee: Rental fees are to be paid in full three weeks prior to event date or the rental is subject to be cancelled.

Refund of Deposit: Deposit refunds, that were paid by cash or check, are mailed out and should be received within 3 weeks of rental date. Deposit refunds, that were paid by credit card, will be issued back to the credit card within two weeks of rental date.

Cancellations: If a reserver notifies staff of cancellation at least three (3) weeks prior to the reservation, rental use fees will be refunded in full. If a cancellation is made less than three weeks of the scheduled reservation, a $25 cancellation fee will be deducted from the fees paid. If a reservation is canceled or altered within one week, rental fees will not be refunded.

Christmas and New Year's Parties: Reservations for the Community Center during the months of December and January are in much demand due to the holiday season. Therefore the following cancellation policies will be enforced for any activity scheduled in December or January: More than two months; $75 cancellation fee: Two months or less; $150 cancellation fee: Less than one month; no refund for facility use.

SETUP Plans for decorating, setting up or using any equipment must be scheduled when reserving and is included in rental use hours. All groups requiring the use of tables and/or chairs shall make arrangements on layout when making reservation. Community Center Staff will set up tables and chairs according to layout. Groups needing any audio/visual equipment must make arrangements upon reservation and must bring in any personal equipment for testing at least two weeks in advance. Under no circumstances are groups holding a permit to remove chairs, tables or other equipment from the Community Center. No decorations may be hung or attached to the ceiling, walls or windows. Table decorations are allowed.

CLEANUP Any group using a facility operated by the Town of Wytheville Department of Parks and Recreation agrees to leave the facility as it was found. Clean up by user group includes but is not limited to cleaning up of all decorations, food, and trash; cleaning tables; sweep and mop if needed. Supplies, including additional trash bags, for clean up are supplied and are in closet. Clean up must be performed immediately after the activity concludes and is included in rental use hours. Failure to clean areas shall result in forfeiture of all or part ofthe deposit and/or assessed additional costs for cleanup operations if deemed necessary.

ENTERING AND LEAVING FACILITY Everyone must enter and exit through the front entrance. Room doors to the outside are for emergency exit only and will alarm.

J:\Forms\Facility Use\FACILITY RENTAL POLICIES handout 2.doc

Entering: A representative from the group must rep!Jrt to the front desk of the building upon entering the facility before area is unlocked. The supervisor will record the time group enters, review contract information and general operating policies if needed. Departure: A representative from the group must report to the front desk of the building upon departing the facility. The attendant and the representative review conditions of areas utilized prior to departure. Any area not cleaned or damaged is to be noted on the reservation form. The representative is required to sign acknowledging the damages. Failure to sign this form will result in forfeiture of the deposit in full. Additional fees may be charged to the individual or group for damages or additional staff needed to clean area.

DAMAGES TO FACILITY OR EQUIPMENT/DISRUPTIONS Damages: Any reserver that causes physical damage to the facility or to any equipment shall forfeit the deposit and/or be assessed additional costs for repairs (if deposit is not sufficient). The reserver, agency or organization may also forfeit the privilege of future use of the building. Disruptions: Any reserver or other person involved in a disruption at a facility operated by the Town of Wytheville Department of Parks and Recreation will be suspended according to the rules and regulations pertaining to disciplinary actions. In addition, any disruption occurring during a scheduled reservation will result in forfeiture of the deposit.

LIABILITY Individuals, groups, agencies, or organizations contracting to use the Center or any facility shall assume the responsibility for all persons and area of use. Neither the Town of Wytheville, nor any of its operating agencies, shall be liable to any organization, agency or individual using the facility nor to any other person, firm or corporation for any loss or damage suffered during the use of said premise or on account of any defective condition or depreciation of the portion of the premises used of any building, structure or equipment upon the premises and entity using said facility assumes all risks to persons or property due to latent or patent defects in the premises and fixtures thereon and the entity using the facility expressly agrees to indemnify and save harmless the Town of Wytheville and all of its operating agencies from any and all claims resulting from the use of the same. Any individual, agency, or group hosting a community activity or fund-raising activity must provide the Department with a copy of a current Liability Insurance Policy of not less than $1 Million.

SignatureahA{j__; Jk6f Date: _q...L· _-,__} --'J-=5""'---

TO BE COMPLETED WHEN LEAVING

Time In: Time Out: ______ _

Clean up: 0 Completed 0 Not Completed Notes: __________________________ _

0 Damages Explanation ~------------------------------------------

Staff Signature: _______________ Rental Signature: __________ _

J :\Forms\Facility Use\F ACILITY RENTAL POLICIES handout 2.doc

WYTHEVILLE TOWN COUNCIL

Meeting Date: Monday, September 28,2015

Item Name: Consent Agenda

Item Number: E-3

Subject: Street Closing- Wytheville Baptist Church, St. Paul United Methodist Church, Wytheville Presbyterian Church

SUMMARY:

The Town has received a request from the Wytheville Baptist Church, St. Paul United

Methodist Church and the Wytheville Presbyterian Church to close a portion of Church

Street from 4:30p.m. to 7:00p.m. on Saturday, October 31, 2015, for The Church Trunk

or Treat Halloween activities. The Town anticipates no problems with the approval of

this request.

~J~t~~l~'-~ ~~ Lovil'lg 1 UI'O\VII'\91 Shal' lng1 S e rving

September 18,2015

205 Church Street • Wytheville, VA 24382 • 276-228-3712 www. wvthevillebaptist.org

Attention: Sherry Corvin

Dear Town of Wytheville:

I, once again, come to you humbly requesting your assistance with street closure for the Church Street Trunk or Treat. The Church Street Trunk or Treat is sponsored by Wytheville Baptist Church, St. Paul United Methodist Church and Wytheville Presbyterian Church. We thank you for allowing us to utilize Church Street last year as we were able to provide a safe, wholesome environment for hundreds of children from the Wytheville and Wythe County area and hope that you will allow us the opportunity again this year.

The date for the Church Street Trunk or Treat would be October 31 , 2015 and would run from 5:00p.m. to 7:00p.m. For preparation purposes, we would need for the street to be blocked by 4:30p.m. to allow those hosting the children to prepare and set up. The proposed area would be, of course, Church Street from the corner of Wytheville Baptist Church to just beyond St. Paul United Methodist Church. We realize that if Barnett's Funeral Home is occupied on this particular night, we would need to make other arrangements.

Thank you for your consideration.

With much appreciation,

BonnieR. Wright, Youth Director Wytheville Baptist Church

cc: Jan Stone Brad Simpson Sara Gearheart

WYTHEVILLE TOWN COUNCIL

Meeting Date: Monday, September 28, 2015

Item Name: Committee Reports

Item Number: H-1

Subject: Budget and Finance Committee

SUMMARY:

The Budget and Finance Committee will report on the following matters:

a. State reimbursement for personal property car taxes

b. Resolution regarding an Industrial Revitalization Funding application

c. Repayment of loan from the Enterprise Fund to the General Fund

BUDGET AND FINANCE COMMITTEE REPORT

SEPTEMBER 28, 2015

1. Town Treasurer Mike Stephens advises that he now has all the information from

the Commissioner of the Revenue on Personal Property Taxes, i.e. vehicles. As

the Council knows, several years ago, the State changed the law with regard to

procedures where car taxes were eliminated, and then the State reimburses

communities a certain percent. When the budget was adopted this past year, the

reimbursement that was established in the budget document was 58.97 percent,

and, as the Council knew at that time, it was an estimate until the Commissioner

actually provided the Town with all of the data for the year. It has now been

determined that the reimbursement percentage from the State will need to be

established at 55.70 percent. Town Treasurer Stephens would request, and we

recommend, that the Council take an action to establish the reimbursement

percentage at the above described amount.

2. Each year, the Department of Housing and Community Development for the

Commonwealth of Virginia offers opportunities for low interest loans that will

allow a property owner to rehabilitate a dilapidated property. Previously, on

behalf of Smith Enterprises, the Town made application for the funding that was

used to renovate the Boiling Wilson Hotel. Later in the meeting, the Council will

consider a resolution seeking up to $600,000.00 for the restoration of the R.P.

Johnson & Sons, Incorporated property. When completed, it is anticipated that

this project will be another component of the catalyst in the downtown area to

assist with the revitalization in the downtown. When the resolution is considered

later this evening, it would be the recommendation of the Budget and Finance

Committee that the Council approve the resolution and authorize the Town

Manager to submit and/or execute documents needed for the application.

3. Over the past several years, the Town's General Fund has loaned the Enterprise

Fund approximately $2 million towards those operations. The Enterprise Funds

have now created reserve funds and needs to repay the General Fund a portion

of the amount that was borrowed. It would be the motion of the Budget and

Finance Committee that we authorize Town Treasurer Michael Stephens to

transfer $1 million from the Enterprise Fund to the General Fund, therefore,

paying back a portion of the loan.

Jacqueline K. King

William B. Weisiger

H:ICOUNCIL\BFCOMMIT.RPT\2015\BFSEPT28doc

2

WYTHEVILLE TOWN COUNCIL AGENDA INFORMATION

Meeting Date: Monday, September 28, 2015

Item Name: Committee Reports

Item Number: H-2

Subject: Public Works Committee

SUMMARY:

The Public Works Committee will report on the following matters:

a. Resolution regarding the Virginia Department of Transportation HB2 projects

b. Paving bids received

PUBLIC WORKS COMMITTEE REPORT

SEPTEMBER 28, 2015

1. The Town of Wytheville is seeking new projects to be included in the Virginia

Department of Transportation Six-Year Program. Previously, the inclusion of the

Six-Year Program, for the most part, was based on the request from a local

governing body. There was legislation passed last year that changed the entire

process of getting a project included in the program. These revisions were created

by legislation known as House Bill 2 and set forth a whole series of new

justifications that must be sent to the Commonwealth Transportation Board for a

project to be included into the Six-Year Program. There are two projects that have

been chosen by the Town for the current application process, and one is the

completion of Community Boulevard. Community Boulevard was initially designed to

go from Peppers Ferry Road to Lithia Road, but, because offunding constraints, the

project was divided in half. The other project that we are submitting is for a study to

be conducted on Exit 73 to see in what fashion it can be reconfigured to improve the

flow of traffic at this interchange, as well as provide economic development

opportunities in this location. Additionally, the reconfiguration of this interchange

may well provide an alternate route to Progress Park. Later in the meeting, the

Council will consider a resolution authorizing the submittal of these projects and it

would be the recommendation of the Public Works Committee that it be approved

and that the Town Manager be authorized to execute and/or submit all documents

needed for this application process.

1

2. Bids were received on September 15, 2015, to perform the annual paving and

milling activities on streets in the town. Two contractors requested bid documents,

however, only one actually submitted a bid. The low bid was submitted by W&L

Construction Company of Chilhowie, with a price of $98 per ton of asphalt in place

and $1.92 per square yard for milling. This year, we anticipate laying approximately

5,833 tons of asphalt, which equal to about $571,000. We plan on milling about

19,000 square yards, which will cost approximately $36,500, for a total schedule of

slightly over $608,000. The streets that are to be milled and paved around town are

those which have been identified as having significant pavement failure or those

which have been damaged significantly by utility work. W&L Construction Company

advises that they anticipate starting their work during the first week of October.

Town crews have been preparing the streets to receive the new asphalt. This

process involves raising manholes and valve covers to accommodate the new layer

of asphalt. Nothing is required of the Council, but we are pleased that the annual

milling and paving schedule will commence and, we are also pleased that the cost

for performing this work is less than it was last year.

H. Judson Lambert

Thomas F. Hundley H:\COUNCIL\PWCOMMIT.RPT\2015\PWSEPTZ8.doc

2

WYTHEVILLE TOWN COUNCIL AGENDA INFORMATION

Meeting Date: Monday, September 28, 2015

Item Name: Ordinances/Resolutions

Item Number: 1-1

Subject: Resolution- Industrial Revitalization Funding application

SUMMARY:

Please find enclosed the resolution authorizing the Town Manager to sign the

necessary documents to apply for Industrial Revitalization Funding for the renovation of

the former R. P. Johnson building.

fjteSOfutio1Z

• "" . ~ WHEREAS, the Town of Wytheville, Virginia, wishes to apply for up to six-

hundred thousand dollars ($600,000.00) of Department of Housing and Community

Development Industrial Revitalization Funds (IRF) for the R.P. Johnson Building

(c.1939) located at 355 East Main Street in Wytheville, Virginia. The IRF would be

utilized for a low interest loan to RPJ of Virginia, LLC, owner of the property, to be used

in the rehabilitation of this historic property for craft beer production, craft beer and

artisanal food sales, music venue and artisan center; and,

WHEREAS, $615,000 in equity and cash will be provided for this project by the

owner; and,

WHEREAS, it is anticipated that this project will be a catalyst for economic

restructuring and revitalization in the downtown area.

NOW, THEREFORE, BE IT RESOLVED that the Wytheville Town Council

approves making application to the Department of Housing and Community

Development for Industrial Revitalization Funds and authorizes Town Manager C.

Wayne Sutherland, Jr. to sign and submit appropriate documents for the submittal of

this application.

Adopted this 28th day of September 2015.

Trenton G. Crewe, Jr., Mayor

ATTEST:

Brandi N. Jones, Deputy Clerk

WYTHEVILLE TOWN COUNCIL AGENDA INFORMATION

Meeting Date: Monday, September 28, 2015

Item Name: Ordinances/Resolutions

Item Number: 1-2

Subject: Resolution -Conveyance of Parcel 3 of the Jackson property

SUMMARY:

Please find enclosed a resolution regarding the conveyance of Parcel 3 of the Jackson

property to the Town. This resolution authorizes Town Attorney Kaase to approve the

form of the deed, and it authorizes Mayor Crewe to act on behalf of the Town to execute

and accept the deed.

'jteSOtutio1l

By this resolution, the Town Council of the Town of Wytheville, Virginia, states and I or authorizes the following:

• The Town of Wytheville and R. Cecil Jackson and Seawillow U. Jackson entered into a deed dated December 13, 2000;

• It was the intent of the parties that the conveyance of property be as outlined in the deed;

• According to the Schedule of Conveyance, Parcel 3, containing 2. 00 acres, more or less, is to be conveyed to the Town of Wytheville on October 2, 20 15;

• Town Attorney Robert P. Kaase is authorized to approve the form of said deed; and,

• The Town Council of the Town of Wytheville, Virginia, hereby authorizes Mayor Trenton G. Crewe, Jr. to so act on behalf of said Town to execute and accept said deed.

Adopted this 28th day of September 2015.

Trenton G. Crewe, Jr., Mayor

ATTEST:

Brandi N. Jones, Deputy Clerk

WYTHEVILLE TOWN COUNCIL AGENDA INFORMATION

Meeting Date: Monday, September 28, 2015

Item Name: Ordinances/Resolutions

Item Number: 1-3

Subject: Resolution - VDOT HB2 Projects

SUMMARY:

Please find enclosed a resolution requesting the Virginia Department of Transportation

to include the Town's HB2 projects in their Six Year Plan.

~sotutio7z

Resolution of Endorsement for the Town of Wytheville's House Bill 2 Project Priority List

WHEREAS, a comprehensive, cooperative and continuing transportation planning process is to be carried out within the State of Virginia, the Town of Wytheville and the Mount Rogers Planning District Commission with all three working together to facilitate this process year-round; and,

WHEREAS, the Town Council of the Town of Wytheville, Virginia, recognizes the importance of prioritizing transportation projects for funding by the Commonwealth Transportation Board based on an objective and fair analysis applied statewide, as set forth in the General Assembly's House Bill 2 (HB2) effective as of July 1, 2014, which prioritization is for the benefit of the town citizens; and,

WHEREAS, the Town Council recognizes the new transportation funding formula set forth in House Bill 1887 and approved by the Virginia Assembly in February 2015 and the High­Priority Project Program, as defined in §33.2-370 as the statewide competitive funding program and the Construction District Grant Programs, as defined in §33.2-371 as the Bristol District competitive funding program; and,

WHEREAS, the Town Council recognizes that the Town's applicable projects will be scored on five (5) weighted factors as follows: Economic Development (35% ), Safety (30% ), Accessibility (15%), Congestion Mitigation (10%) and Environmental Quality (10%), the Town Council recognizes the Town's applicable projects must meet a defined need according to the VTRANS2040 statewide transportation vision document and be located within a corridor of statewide significance, within an identified regional network and/or within a local urban designated growth area, or specifically address a safety issue; and,

WHEREAS, the Town Council acknowledges that the Town has identified two (2) transportation projects that meet the criteria set forth in House Bill 2, which include construction of a two lane road to complete the Connector Road, also known as Community Boulevard, and funding for a study to reconfigure Exit Number 73 on Interstate 81.

NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Wytheville, Virginia, approves and supports the Town to submit the projects via the House Bill 2 application process for the FY 2017 Six Year Improvement Program Cycle with all candidate projects prioritized for the Town to begin submission with an application deadline of September 30, 2015.

BE IT FURTHER RESOLVED, that the Town Council of the Town of Wytheville, Virginia, does encourage and implore its Commonwealth Transportation Board and the Virginia Department of Transportation to fund the aforementioned projects and that a copy of this resolution be forward to the VDOT Wytheville Residency Office, the VDOT Bristol District Office and the Mount Rogers Planning District Commission.

Adopted this 281h day of September, 2015.

Trenton G. Crewe, Jr., Mayor ATTEST:

Brandi N. Jones, Deputy Clerk

WYTHEVILLE TOWN COUNCIL AGENDA INFORMATION

Meeting Date: Monday, September 28, 2015

Item Name: Appointments

Item Number: J-1

Subject: Appointment- Joint Industrial Development Authority

SUMMARY:

The term of Mr. David Kause to the Joint Industrial Development Authority expires

November 10, 2015. Mr. Kause is eligible for reappointment, and he has indicated a

willingness to serve again, if reappointed. The appointment will be for a four year term,

which will expire November 10, 2019.

G:\COUNCIL\Agenda lnfo\2015\Agenda lnformation092815.doc

MINUTES OF THE REGULAR MEETING OF THE WYTHEVILLE TOWN COUNCIL HELD IN THE COUNCIL CHAMBERS ON MONDAY, SEPTEMBER 14, 2015, AT 7:00 P.M.

Members present: Trenton G. Crewe, Jr., Jacqueline K. King, H. Judson Lambert, Thomas

F. Hundley, William B. Weisiger Others present: Town Manager C. Wayne Sutherland, Jr., Assistant Town Manager

Stephen A. Moore, Town Clerk Sharon G. Corvin, Town Attorney Robert P. Kaase, Marie B. Bishop, John W. Jones, Jr., Julie Macpherson, David Macpherson, Todd Hyatt, Joe Bean, Danny Gordon with WYVE-AM/WXBX-FM/WLOY-AM, Police Officer Zac Taylor

RE: CALL TO ORDER, QUORUM, PLEDGE Mayor Crewe called the meeting to order and established that a quorum of Council members was present. The Pledge of Allegiance was led by Councilman Hundley. RE: CONSENT AGENDA Mayor Crewe presented the consent agenda consisting of the minutes of the regular meeting of August 24, 2015; the request of the George Wythe Department of Music to conduct a 5K Run on Saturday, October 31, 2015, at 9:15 a.m.; the request of Downtown Wytheville, Incorporated to conduct the Annual Christmas Parade on Saturday, December 5, 2015, at 6:00 p.m.; the request of the Wytheville Fire Department to conduct the Annual Fire Prevention Parade on Saturday, October 16, 2015, at 7:00 p.m.; the request of George Wythe High School to conduct the Homecoming Parade on Friday, October 16, 2015, at 6:15 p.m.; and, the request of the March of Dimes for waiver of fees for the use of Withers Park to conduct a Walk-A-Thon on Saturday, October 10, 2015. He inquired of the Council if there is a motion to approve the consent agenda together or as separate items. A motion was made by Vice-Mayor King and seconded by Councilman Weisiger to approve the consent agenda consisting of the minutes of the regular meeting of August 24, 2015; the request of the George Wythe Department of Music to conduct a 5K Run on Saturday, October 31, 2015, at 9:15 a.m.; the request of Downtown Wytheville, Incorporated to conduct the Annual Christmas Parade on Saturday, December 5, 2015, at 6:00 p.m.; the request of the Wytheville Fire Department to conduct the Annual Fire Prevention Parade on Saturday, October 16, 2015, at 7:00 p.m.; the request of George Wythe High School to conduct the Homecoming Parade on Friday, October 16, 2015, at 6:15 p.m.; and, the request of the March of Dimes for waiver of fees for the use of Withers Park to conduct a Walk-A-Thon on Saturday, October 10, 2015. Mayor Crewe inquired of the Council if there is any discussion on the motion to grant the five requests and approve the minutes. There being none, the motion was approved with the following voting in favor and there being no opposition: For: Trenton G. Crewe, Jr., Jacqueline K. King, William B. Weisiger, H. Judson Lambert, Thomas F. Hundley. Against: None. RE: CITIZENS’ PERIOD Mayor Crewe advised the next agenda item is Citizens’ Period. Mayor Crewe stated that Mr. John W. Jones, Jr. is listed first on the sign in sheet to address the Council. He thanked Mr. Jones for attending the meeting. Mr. John W. Jones, Jr. was recognized and stated that he lives at 300 East North Street. He explained that he read in the minutes from the last meeting where the Council discussed stop lights and trying to eliminate some. Mr. Jones commented that he wanted to state that he thinks that is an excellent idea. He remarked that, particularly, he thinks the red lights located at the corner of First and Church Streets on Spring Street can be eliminated, based on his travel down that street numerous times. Mr. Jones noted as far as the others, they will have to be determined by the Town’s surveys. He expressed that he would also like to recommend that one of the eliminated traffic lights be installed at the Fourth Street Food Lion. Mr. Jones stated that he and Councilman Hundley discussed this earlier. He remarked that he recognizes that this is the only large shopping mall that does not have a stop light available for people to be able to exit the parking lot. Mr. Jones commented that the distance from Food Lion to Ridge Road is probably four times the distance from Monroe Street to Main Street and about the same distance if a person goes from Food Lion back to the stop light. He noted, therefore, he does not think the traffic would back up unless there was a major accident or there was an extremely long funeral that would stop the traffic. Mr. Jones expressed that it would certainly make it a lot easier if a person is trying to come out of the shopping mall at certain times. He remarked that a lot of people will go to the right and cut through the bank parking lot, and a lot of people will go to the left and exit through McDonald’s. Mr. Jones expressed that, hopefully, the Council would explore the option of installing a red light on Fourth Street at Food Lion. He remarked that he would also like to address the Council in regard to his other favorite topic, which he has

discussed with the Council before, and that would be the right turn lane on Monroe Street going west at Fourth Avenue. Mr. Jones expressed that he still thinks a right turn lane would work there. He stated that a lot of traffic backs up at that red light because of the time that traffic has at that stop light. Town Manager Sutherland inquired for Mr. Jones to repeat his last statement. Mr. Jones explained the red light he is trying to explain is the red light turning west from Monroe Street onto Fourth Street. He noted that, as the Mayor pointed out, eliminating that left turn will stop cars from turning left on that short block between Monroe Street and Main Street. Mr. Jones expressed that he estimates, noting that he travels that route two to three times per week, but that on average, forty percent of the cars turn right onto Fourth Street. He reiterated that it would help move traffic a great deal. Mr. Jones expressed that he does not think it is going to make that much of a difference with the left turn because there is not a left turn coming up Fourth Street to turn on to Monroe Street. He remarked that, to him, it is not really a big deal but if a person is driving up Cove Road and crosses Holston Road to continue on into the Cove area of the County, when a person crosses over, there is no sign stating the speed limit. Town Manager Sutherland inquired of Mr. Jones if he was sure the Town has not installed a speed limit sign in that area. Mr. Jones stated the Town has not installed a speed limit sign in that area unless it was installed earlier today. He commented that if a person is traveling down Holston Road traveling 35 miles per hour and turns left, he inquired of the Council if the speed limit is still 35 miles per hour or if it is 25 miles per hour. Mr. Jones remarked that everyone knows the speed limit is 25 miles per hour and not 35 miles per hour. He advised that as the Council is aware, he walks a lot. Mr. Jones stated that on Fridays, he sees a lot of garbage out, particularly in bags. He commented that he cannot find a sticker on the houses, and noted that the trash is getting picked up. Mr. Jones stated that, also, some of the houses have a trash can, which has a sticker on it. He noted that sometimes there will be two to five bags of trash around the trash can, and they also get picked up. Mr. Jones explained that he has also seen five or six bags of trash at a house without a sticker, and those bags of trash get picked up. He commented that his only suggestion is that it would be good revenue to go back and pick up the bag tags, which he knows Town Treasurer Stephens does not particularly like, but it would make it easier for the Public Works Department who is picking up trash to know that they can pick up those bags because they will have a tag on them. He expressed that the trash is getting picked up now, anyway, but, technically, they should not be getting picked up if they do not have a tag on them. Mr. Jones advised that the Council cannot expect the Public Works Department to look for a tag at every house that only has bags. He stated, therefore, his suggestion is for the Town to reinstate the “Bag It and Tag It” stickers for the trash. Mr. Jones thanked the Town Council for allowing him to speak, and thanked them for their time and service. Mayor Crewe thanked Mr. Jones for addressing the Council, and inquired of the Council if there were any questions for Mr. Jones. Vice-Mayor King advised that a study had been prepared by the Virginia Department of Transportation and they stated that the red lights on Fourth Street at the Evansham Shopping Center and Wytheville Commons Shopping Center would be too close together. Councilman Hundley remarked that he and Mr. Jones had the same conversation. Mr. Jones commented that Councilman Hundley had explained that to him, however, he finds it hard to believe that it is going to affect the area. Mayor Crewe advised that he counted five different topics that Mr. Jones brought before the Council to discuss. He stated the four street requests and the garbage bags. Mayor Crewe inquired of the Council if he could refer the requests to the Public Works Committee. He commented that some of the intersections have been discussed in previous Work Sessions. Mayor Crewe explained that Mr. Jones would hear more about street lights in the Public Works Committee report later in the meeting. Mayor Crewe thanked Mr. Jones for his comments. Mr. David Macpherson was recognized and stated that he lives at 110 Maple Lane in Wytheville. He commented that his wife, Julie, is attending the meeting with him, and his neighbors, Joe and Nancy Bean, are supposed to be attending the meeting, as well. He noted that he is attending the Council meeting on behalf of the Macphersons and the Beans to discuss the Mowing Ordinance and, sadly, what he perceives is the Town’s somewhat random enforcement thereof. Mr. Macpherson advised that he would give the Council a little history first, and he and his wife purchased their property at Maple Lane in January 2010. He explained that their lots border some 11 properties that run down Wytheview, if the Council can picture this, from Maple Lane down Wytheview toward Hickory Lane. Mr. Macpherson stated that he and the Beans have very strange looking lots, noting that the lots are very long. He noted that his property adjoins some 11 of those backyards. Mr. Macpherson remarked that, in fact, when he and his wife purchased the property, he recalls a conversation he had with the realtor specifically looking at the piece of their properties that are now in question and are found to be offensive. He commented that, in fact, he and the realtor said that it looks like it has been that way quite some time, and it appears to have outgrown the ordinance. Mr. Macpherson stated that the growing seasons of 2010, 2011, 2012, 2013 and most of 2014, came and went without a word from the Town or a neighbor regarding the mowing of his property. He noted that now might be a good time to interject that he had a conversation some 30 or 60 days ago with one of the employees who has direct responsibility for surveying Town properties making certain that property owners are in compliance with the ordinance. Mr. Macpherson advised that the Town

employee told him something to the effect that he has driven the roads of Wytheville for some 10 years and is very familiar with all of the properties and never in those 10 years did either his or the Beans’’ property even register with him. He explained that the way the properties lie is that they go from Maple Lane and down the hill and it bottoms out, and it starts up the hill toward Hickory Lane. Mr. Macpherson remarked that at the bottom of the hill is where the mowing stops and where the offensive property begins, and it goes up toward the Karneis’ property. He commented that sometime last summer, a neighbor raised a complaint with the Town. Mr. Macpherson stated that he thinks it is ironic that his property looked exactly the way it does today when the neighbors purchased their land, and he noted that nothing has changed. He remarked that he cannot figure some people out because, suddenly, it is an issue. Mr. Macpherson expressed that Town representative Tommy Seagle came knocking at his door last summer. He explained that he gave Mr. Seagle close to the same facts that he has given the Council, and that in his time at the location, the property has not been touched, and he wonders why it has to be mowed now. Mr. Macpherson stated that Mr. Seagle’s reply to him was that the Town Public Works Department can get a tractor over the area to mow it. He remarked that should not matter and just because a tractor can mow over the property does not mean it should be mowed over. Mr. Macpherson explained that common sense would dictate that both his property and the Beans’ property ceased being a lawn or even a hayfield long ago and certainly long before the neighbor complained. He advised that, unfortunately, common sense did not prevail, no consideration was given to his argument and once Mr. Seagle showed up at his house, the first people he turned to were the Beans because he contacted them, as well. Mr. Macpherson remarked that is where he learned that in the Beans’ 14 or 15 years of living where they live, that piece of their properties had never been mowed. He noted that he thinks it can be argued that the property was well on its way back to its natural state. Mr. Macpherson stated that it did not seem to matter to Mr. Seagle, but that he insisted a tractor can mow the property and will get over it. He commented that he, Mr. Bean and Mr. Seagle stood in his backyard, looked down at the property and, again, Mr. Seagle stated that either Mr. Macpherson could mow it or the Town would, which the Town did mow it. Mr. Macpherson advised that much to his surprise, only his property got mowed. He stated that if a person stood and looked, there was a straight line marking his property and the Beans’ property. He expressed, therefore, his first inquiry is how the Town enforces an ordinance on one property owner and not the others when the properties are identical and adjoin one another. Mr. Macpherson commented that the Town mowed his property bare, handed him a $250 invoice and did nothing with the Beans’ property. Mayor Crewe advised that he could give Mr. Macpherson an answer that would not satisfy him, and he noted that he does not know the facts, but the answer is the Town does not only enforce it on certain property owners. He stated that Mr. Macpherson stated that the Town did mow his property and he is unsure as to why the other property did not get mowed, but that maybe the property is not mowable or maybe it was a mistake, but where he is headed with this is the ordinance. Mayor Crewe advised that there are only two exceptions. He noted that either a person mows their property or they can apply for an exception to take it out of the Mowing Ordinance, but Mr. Seagle is correct, and the Town Mowing Ordinance now requires that a property is mowed twice per year, however, next year, it will be required to be mowed three times per year. Mayor Crewe explained that Mr. Macphersons probably will not have to be mowed again because it is more than 100 feet from a structure. He reiterated that under the current ordinance, a person has to mow twice per year, and if it is not mowed, the Town will mow the property and send an invoice. He explained that the Town inspects all of the properties all over the Town of Wytheville, and he is not sure why someone did not catch his property before unless it was so far from the road, and they simply did not see it. Mayor Crewe expressed that what brought everything to the Town’s attention was the complaint received. He stated that he cannot tell Mr. Macpherson why the Town mowed his and not Mr. Bean’s unless there is some reason they cannot run a tractor over his property. Mayor Crewe noted that Council can certainly investigate why that is. Town Manager Sutherland advised that he is not sure why the Beans’ property was not mowed either, however, he is the person who instructed Mr. Seagle to tell Mr. Macpherson exactly what he told him. He noted that he wanted to let Mr. Macpherson know the instruction came from him. Town Manager Sutherland commented that the Town had received numerous complaints from Wytheview Drive residents who were stating that the Town needed to enforce the Mowing Ordinance. He remarked that is correct, and the Town does need to enforce the Mowing Ordinance. Town Manager Sutherland commented that if the Town is going to mow the Macpherson’s property, the Town needs to mow the Bean’s property. He noted that there is no question. Mayor Crewe remarked that the only time the Town does not mow a property, as Mr. Seagle stated to Mr. Macpherson, is when a tractor cannot go over the property because it cannot be mowed because the terrain is too steep, too rocky, etc., and there are a couple of places in town like this. Town Manager Sutherland noted that why this property was not mowed all these years he does not know. He stated what he does know is that, previously, this property was mowed for hay. Mr. Macpherson noted that the property has not been mowed during the Beans’ tenure on their property. Town Manager Sutherland advised that he is speaking of the Macpherson property. Mr. Macpherson pointed out that his property and the Beans’ property adjoin one another. He stated that for the part in question, his property and the Bean property are identical. Mr. Macpherson remarked that he can tell the Council that

if the Town can get a tractor on his property, the Town can certainly get a tractor on the Bean property. Mayor Crewe pointed out that the property should have been mowed, and he is not sure why the Bean property was not mowed. He advised that the Council can find out why the Bean property was not mowed. Mr. Macpherson noted that it is moot at this point, but it is a complaint. Mayor Crewe advised that he understands, but there should have been no differentiation. Mr. Macpherson noted that it is not too late, but he thinks the gist of their argument is that just because it is possible to get a tractor on a piece of property to mow it, does not mean it should be mowed. He advised that 15 years is a long time. Mr. Macpherson explained that this property has gone a long way in reverting back to its natural state. He asked the Council to think about that. Mayor Crewe noted that under the Town’s ordinance, this is not relevant. Mayor Crewe noted that the Council can consider changing the ordinance somehow, but the ordinance the Council just passed recently contains a 12 inch height restriction, and it has to be mowed within 100 feet of a structure. He noted that these new regulations may give Mr. Macpherson some exemption he does not have currently. Mayor Crewe stated that under the old ordinance, which the Town mowed Mr. Macpherson’s property in the June/July timeframe, a property is mowed or is not mowed, and it did not matter what it looks like, it did not matter where it is, it did not matter about the height, and it did not matter about reverting to its natural state, a property gets mowed unless the property owner applied for an exemption or unless the Town cannot mow it. Mr. Macpherson stated his understanding is that the only exemption is an alternative landscape. Mayor Crewe noted that is correct. Mr. Macpherson stated that is an annually renewable application. Mayor Crewe advised that is correct. Mr. Macpherson stated that this is really not a very valid option for them because they are still at the whim of annually renewing it. He noted that sometime this year, their properties were viewed by one of the Council members and the Beans. Mr. Macpherson remarked that the properties were viewed from the Hickory Drive vantage point and the Maple Lane vantage point. Mayor Crewe inquired if the properties were viewed by a Council member. Councilman Lambert noted that he viewed the properties. Mr. Macpherson stated he was not there when it happened, so he did not hear, and he is repeating what Ms. Nancy Bean told him, which was something to the effect that the property in question is not what the ordinance is aimed at, and it is not in the spirit of the ordinance and not to worry about it. He stated that, therefore, they did not worry about it. Mr. Macpherson noted that when they are told, and noted in his case it was indirectly, and in Ms. Bean’s case it was directly, by a member of Council that they did not need to worry about it, they did not worry about it. He explained that Mr. Seagle came to their home this year, and he brought this fact up to him, and Mr. Seagle noted that this member of Council did not have this authority. Mr. Macpherson stated his next question is if a member of the Council does not have the authority, who does have the authority. Mayor Crewe noted that three members of the Town Council have the authority. Mayor Crewe stated what he thinks, and advised he does not know who was there, but Councilman Lambert has indicated it was him, all of the Council can express their own opinions, but until the ordinance is changed, which it just did and this was one of things that was taken into consideration in the new ordinance, the fact that a Council member does not like the ordinance does not make any difference. He explained that the Council can change an ordinance, and they can do anything with it they like. Mayor Crewe noted that he will go back to what the ordinance states, and a person either mowed their property, or they applied for an exemption, and these were the only options. Mayor Crewe noted it may not be the spirit of the ordinance, and it may be what it was aimed at, but he personally thinks the Council aimed it a little closer when they revised the ordinance this time with changes in the timing of the mowing and within 100 feet of a structure. He advised that he thinks the when Council revised the ordinance that will be helpful, but he does not think Councilman Lambert changed anything because the ordinance had not changed. Mr. Macpherson noted that he thinks the Council can understand their confusion and their frustration, which gets him to this point of addressing the Council. He remarked that their 15 days are almost up, and he can almost hear the tractors running now. Mr. Macpherson advised that he would like to know if the Council is going to enforce the ordinance uniformly and equitably. Mayor Crewe stated that the Town will enforce the ordinance uniformly and equitably, and they always have. He stated that the Town has, apparently, missed Mr. Bean’s lot this time around and missed both Mr. Bean’s and Mr. Macpherson’s lots for years. Mayor Crewe expressed that he is unsure how that happened unless someone did not see it. He noted that the Town has staff that goes out to inspect properties, and he can guarantee what brought it to the Town’s attention was the complaint. Mayor Crewe commented that is how the Town found out about the property but he is unsure of what happened before that because the Town did not discover the unmown property. He remarked that he could not explain to Mr. Macpherson why the Beans’ property did not get mowed when it is identical to Mr. Macpherson’s lot, but the Council will investigate. Mr. Macpherson stated that he and his wife are attending the Council meeting to request that they reconsider mowing the property in light of the facts he has presented at this meeting. He noted that it sounds to him like the Council is not going to do so and he would then just ask does the Town intend to perform the mowing uniformly and equitably, and he noted that Mayor Crewe answered that question. Mr. Macpherson advised that there are other offending properties just on Wytheview Drive and Van Mar Drive alike, and he inquired of the Council if they have plans to mow those properties. Mayor Crewe stated that he will give him the same answer as before

and that is that the Town’s plan is to mow every lot that is not mowed in accordance with the Mowing Ordinance. He remarked that he can assume that those property owners have been issued the same ultimatum. Mayor Crewe explained that there is not an ultimatum given but, rather, the statute says mow or the Town will. He commented that nobody receives an ultimatum, nobody gets notice and nobody gets a letter. Mayor Crewe remarked that if the Town finds out that a property is not mowed, the Town will mow it. He explained this is, basically, how it is. He expressed to Mr. Macpherson that when he is stating the Town is giving an ultimatum, he does not understand where he is getting that because the Town does not send notices anymore. Mayor Crewe stated that the Town simply advertises that the properties have to be mowed now by September 15. Mr. Macpherson remarked that he misunderstood because Mr. Seagle did come to him, and he took that as the beginning of his 15 day notice. Mayor Crewe stated that the Town certainly can do that and does on occasion try to help someone, however, the Town is not required to do so. Mr. Macpherson advised that the way he reads the new Mowing Ordinance is it seems to make absolutely no exception for wooded lots. Mayor Crewe commented that is correct. Mr. Macpherson remarked that there are plenty of wooded lots in Wytheview that seem to have grown up underneath that a person can easily get a tractor over. He inquired of the Council if they intend to enforce the ordinance on those property owners. Mayor Crewe advised Mr. Macpherson that he has answered him three times, and the Town will enforce every single lot in town uniformly and equitably, as best as the Town can. He noted that Town staff has been doing this for the last several years, and he is unsure how the Macphersons’ and Beans’ properties were missed, but the Council will investigate this. Mr. Macpherson stated, specifically, and he noted that Mayor Crewe answered the question, but the ordinance does not make any exception for woodlands. Mayor Crewe advised that is correct. He noted that the new Mowing Ordinance makes exception for lots within 100 feet of structure, however, it does not make any difference as to what is on the property, whether it is wooded, grass, etc. Mr. Macpherson remarked, therefore, he can expect that wooded lots in Wytheview and other areas of town that are grown up will get mowed. Mayor Crewe advised that he can tell Mr. Macpherson that the ordinance will require the mowing to be done. Town Manager Sutherland commented that as he mentioned to Mr. Macpherson earlier in the meeting, Town staff can go look at his property, but the Town has to address the neighborhood somehow who made the inquiries and complaints. He inquired of Mr. Macpherson what the Town is supposed to tell the people complaining. Town Manager Sutherland advised that it is certainly a mowable piece of property. Mr. Macpherson expressed that in his layman’s point of view, he thinks the issue has gone beyond some magical point because there are woodlands out there that are not being mowed. Town Manager Sutherland noted that he understands a person cannot mow woods. Mr. Macpherson explained that his property is not woods yet, but it is well on its way. He remarked that, personally, he thinks the mistake that was made was last year when the Town told him that they heard him but that it had been 15 years since the property had been touched. Mr. Macpherson stated that nobody can really say that for a fact. He noted that his neighbors told him that it has been 15 years since anyone has mowed the property. Mr. Macpherson commented that it seems to him the Town could just say that. He reiterated that there are 11 property owners and in the time he has lived in his current home, not one time has he received one complaint from the Town or any property owner. Mr. Macpherson expressed that when he spoke to the Beans, noting they have lived in their home for 14 or 15 years, he did not receive a complaint from Mr. or Mrs. Bean in regard to the property. He stated that at some point, it is just not reasonable to mow the property because they missed their chance, or however the Town would like to phrase it. Mayor Crewe commented that is not true under the Town’s Mowing Ordinance because the ordinance would have to be changed to include it. Mr. Macpherson remarked that the Town has a lot of mowing to do. Mayor Crewe advised that is correct. He noted that Town staff does a lot of mowing. Mr. Macpherson expressed that there are a lot of properties in town that are wooded and being neglected. He remarked that the Council has answered his questions and he appreciates their time. Mayor Crewe inquired of the Council if there were any further questions or comments for Mr. Macpherson. Mayor Crewe expressed that the Council members speak for themselves, and if he said anything that they disagreed with to please speak up. Councilman Lambert commented that he inspected Mr. Bean’s property, and he gave what he felt was a common sense answer. He noted that in his mind, he is not sure that Mr. Bean’s property should be mowed at all, therefore, he thinks Town staff needs to go examine the property. Councilman Lambert remarked that if the Town needs to adjust the ordinance, it is new and it can be changed because the Council changed it before. Mayor Crewe advised that the Council can certainly change the ordinance, and it is definitely a possibility. Mayor Crewe inquired if he could ask the Public Works Committee to look into the request. Councilman Hundley commented that he has to mow his property. Vice-Mayor King remarked that she has to mow her property, as well. Councilman Hundley expressed that he has no exceptions. Councilman Lambert explained that it depends on what a person is mowing. He noted that the Macphersons’ property is gnarly country that is being discussed. Mayor Crewe stated that he agreed with Councilman Lambert. Mr. Macpherson advised that he would let the Council debate this, and he thanked them for their time. Mayor Crewe thanked Mr. Macpherson for his comments.

Mayor Crewe advised Mr. Bean that since the Council and Mr. Macpherson were talking about his property, he would explain to him what was said earlier in the meeting so that he can defend himself, if he feels the need to do so. He commented that what the Council discussed so far with Mr. Macpherson is that the Beans have been located at their residence longer than he has, never mowed the property, never had a complaint, never had anything done to the property for at least 12-15 years depending on when the Town is counting back until and have never heard anything in regard to mowing the property until now. Mayor Crewe stated that for some reason, Town staff visited Mr. Macpherson and told him that both lots had to be mowed. He noted that, apparently, Town staff told Mr. Macpherson that a tractor would go on both lots, and they mowed Mr. Macpherson’s lot but not Mr. Bean’s lot, although the lots are identical. Mayor Crewe expressed that is the summary of what Mr. Macpherson stated. He inquired of Mr. Bean if there was anything he would like to respond to, correct or amplify. Mr. Joseph Bean was recognized and stated that he would like to say that for his part of the lot, it has been designated for the last two years as a National Wildlife Federation property. He commented that it does permit a person to leave the property unmowed because it is for the birds to have a place where they can go without having mowed areas, etc. Mr. Bean explained that he will also say that while part of the property is not mowed, a great deal of the lot is mowed. He noted that he mows probably four or five hours every time he mows, which is way down into the wooded area as far as he can. Mr. Bean stated that beyond that, there are a lot of trees, heavy shrubs, other brush, etc., and he noted that it is just not feasible to mow. He commented that they do not feel like that part of their property needs to be mowed for several reasons. Mr. Bean remarked that is the reason he is attending this meeting. Mayor Crewe inquired of the Council if there were any questions or comments for Mr. Bean. Mr. Bean thanked the Council for allowing him to speak. Mayor Crewe thanked Mr. Bean for his comments. Mayor Crewe inquired of Town Manager Sutherland if he knows if the Beans’ have qualified under the Town’s exemption for mowing because Mr. Bean noted that he is exempt under the National Wildlife Federation and not the Town. He commented that may be why Mr. Bean did not mow his property. Town Manager Sutherland advised that the National Wildlife Federation exemption has no meaning to the Town of Wytheville Mowing Ordinance. Mayor Crewe commented that is correct, and it has to be filed under the Town’s ordinance. He remarked, therefore, he is not sure why Town staff mowed one lot and not the other. Town Manager Sutherland stated that he thinks last year when this question came up, it through staff off guard, because staff was unsure if the National Wildlife Federation has any significance or standing within the Town. Mayor Crewe advised that he only sees one of two options and that is either they comply or do not comply under the old Mowing Ordinance to be a sanctuary and exempt from mowing, which, apparently, neither land owner has done or the Town will have to change the Mowing Ordinance so as to address this particular type of setting, etc. Vice-Mayor King inquired of Mayor Crewe that Mr. Bean stated that he mowed his property as far as he could, so is that as far as a tractor can go. Mayor Crewe stated it may not be possible to get a tractor any further than he is currently mowing. He noted that is a question for the Public Works Department that needs to be identified. Town Manager Sutherland commented that Town staff can drive out to the property to look. He remarked that the question is initiated by people on Wytheview Drive. Town Manager Sutherland stated that the people are asking why the Macphersons and Beans’ do not have to mow their property. Mayor Crewe explained that the answer is they do have to mow the property, and now the question is why the people on Wytheview are not mowing their properties. He noted that Town staff is going to have to find that out. Town Manager Sutherland stated there is no way Town staff can mow wooded lots. Councilman Lambert commented that it makes no sense. Mayor Crewe expressed that is why he was intrigued by the comment that Town staff can get a tractor over the property. Town Manager Sutherland advised that has generally been the rule that if the land is so rough or wooded that a person cannot put a tractor on it, then it obviously cannot be mowed. Mayor Crewe stated that Town staff will go look at this property and follow up later. Town Manager Sutherland advised that staff will go look at the properties. There being no one else who wished to address the Council, Mayor Crewe proceeded with the agenda. RE: OLD BUSINESS Under Old Business, Town Manager Sutherland reported the following: 1. The Town is putting in a new telephone system in all of the Town’s facilities. A training

was held today for employees. On Wednesday, September 16, 2015, at 7:00 a.m., all of the Town’s telephones will be down including the Municipal Building, Community Center and Meeting Center. There is the possibility that the telephone system will be down through September 18, but the IT Department and the telephone company are confident that the telephones will be working by September 18. The Community Center will be restored first, which will take place by midday on Wednesday, September 16. The reason for that is the equipment has already been set up at the Community Center

because of the training session. The next facilities restored will be the Municipal Building, the Police Department and then they will go to the rest of the Town facilities. If anyone is trying to communicate with the Town via telephone, it is probably not going to happen. Mayor Crewe inquired of Town Manager Sutherland if this would impact email. Town Manager Sutherland stated it would not impact email communication nor cellular telephone service.

2. The regularly scheduled Council Work Session will be held tomorrow morning, Tuesday,

September 15, 2015, at 7:00 a.m. 3. The New River Regional Water Authority will hold its regular meeting on Thursday,

September 17, 2015, at 9:30 a.m., in the Council Chambers. 4. The Council Personnel Committee will hold its regular meeting on Friday, September 18,

2015, at 9:00 a.m., at the Town Shop. 5. The Joint Industrial Development Authority will hold its regular meeting on Thursday,

September 24, 2015, at 3:00 p.m., in the Council Chambers. RE: BUDGET AND FINANCE COMMITTEE REPORT Councilman Weisiger, reporting for the Budget and Finance Committee, stated at the last meeting of Council, the Council reviewed an application for a Certificate of Public Convenience and Necessity for First Call Ambulance Service for the operation of public vehicles for the remainder of 2015. He noted that as the Council will recall, there were concerns expressed by Guardian Ambulance Service about the need for additional ambulance services in town. Councilman Weisiger advised that as a result of that inquiry, the Council delayed taking any action on the request for the certificate. He explained that the Council discussed this matter at the Council Work Session this past week. Councilman Weisiger stated the discussion concluded that the certificates that have been issued earlier this year may be precedent setting for the issuance of this request. He remarked, however, the Council acknowledged that the definition of a Certificate of Public Convenience and Necessity is a topic that needs to be researched and specific guidelines developed that outline the Town’s expectations for issuing these certificates. Councilman Weisiger advised, therefore, later in the meeting when the topic is considered, it would be the recommendation of the Budget and Finance Committee that the Council issue a Certificate of Public Convenience and Necessity for First Call Ambulance Service for the operation of public vehicles for the remainder of 2015. He stated during the interim, the Council would ask that Town staff gather information to help determine how public convenience and necessity should be defined for future certificates. Councilman Weisiger also reported that, at the Joint Governing Bodies meeting, the Wytheville Town Council requested Wythe County to consider being a joint applicant with the Town in seeking funding from the Virginia Department of Transportation (VDOT) for a study of roadway improvements on Exit 73 off Interstate 81. He stated that as it was noted at the meeting, the Council believes that future improvements to this interchange will create new economic opportunities in the eastern end of the town. Councilman Weisiger noted that Wythe County has responded that they would be willing to serve as co-applicants and, additionally, would be willing to send a letter of support to the Virginia Department of Transportation for this funding application. He explained that Wythe County has, also, requested that the Town be supportive of the County’s request to conduct a similar study on Exit 41 off Interstate 77. Councilman Weisiger commented that Wythe County is considering an alternate roadway to Progress Park which, if built, would change the complexion of Exit 41. He remarked if funding were available to study both interchanges, it may be helpful in determining future roadways, especially to Progress Park. Councilman Weisiger advised that it would be the recommendation of the Budget and Finance Committee that the Town Manager develop a letter of support to the Virginia Department of Transportation concerning the request of Wythe County for funding of the studies on the reconfiguration of Exit 41 on Interstate 77. Mayor Crewe inquired if there needs to be two different letters sent. Town Manager Sutherland advised that he thinks two letters need to be sent. Mayor Crewe stated to be on the safe side, the Budget and Finance Committee needs to make a motion to have both requests in one letter or two different letters that the Town is authorizing the same letter for Exit 73 on Interstate 81 and Exit 41 on Interstate 77. A motion was made by Vice-Mayor King and seconded by Councilman Weisiger that the Council request the Town Manager to develop a letter of support to the Virginia Department of Transportation concerning the requests of Wythe County for funding studies on the reconfiguration of Exit 41 on Interstate 77. Mayor Crewe inquired of the Council if there is any discussion on the motion to send a letter of support to the Virginia Department of Transportation. There being none, the motion was approved with the following voting results: For: Trenton G. Crewe, Jr., Jacqueline K. King, William B. Weisiger, H. Judson Lambert,

Thomas F. Hundley. Against: None. A copy of the Budget and Finance Committee report is attached and made part of these minutes. RE: PUBLIC WORKS COMMITTEE REPORT Councilman Lambert, reporting for the Public Works Committee, stated that the Council wanted to take this opportunity to make everyone aware of the upcoming community shredding event. He noted that the Town has provided this service on three previous occasions. Councilman Lambert explained that the fourth shredding event will be held on Saturday, October 17, 2015, between the hours of 10:00 a.m. and 2:00 p.m. He remarked that the document destruction services will be provided by Commonwealth Document Management. Councilman Lambert expressed that their equipment has more capacity than the previous vendor and because of the volume of documents that were received previously, the Council will, again, impose the standard that no one can bring anything in excess of what would be held by a 55 gallon container. He advised that the event is limited to town residents only, and businesses are not allowed to participate. Councilman Lambert stated that similar to prior events, the shredding event will be held in the Municipal Building parking lot. Councilman Lambert, also, reported that at the last meeting of Council, the Public Works Committee discussed the concept of conducting experiments in the downtown area to determine if the existing traffic signals could be eliminated. He explained that this question was raised during the design process for improvements to the downtown area because of the aging condition of the existing traffic poles and arms. Councilman Lambert stated that if it is determined that the traffic signals are, in fact, needed for traffic control in the downtown area, it will be necessary that they be redesigned and included in the downtown improvements. He explained that the experiment will consist of putting plastic around the existing traffic signal heads and placing STOP signs on approaching side streets. Councilman Lambert expressed that the intersections that will be included in this experiment are Monroe and First Streets, Main and First Streets, Spring and First Streets, Main and Tazewell Streets and Spring and Church Streets. He stated that it is the Town’s plan to start this experiment on September 28, 2015, and observe the flow of traffic for the following two weeks. He advised that, thereafter, the Public Works Committee should be in a position to determine if the elimination of signals can be accomplished or if the Town needs to plan for signal replacement during the improvements project. A copy of the Public Works Committee report is attached and made part of these minutes. RE: ORDINANCE NO. 1303 Mayor Crewe presented Ordinance No. 1303, an ordinance amending and reenacting Chapter 12, Solid Waste Collection and Disposal, Article VII. Keeping of Inoperative Vehicles, Section 12-130. Definitions, Section 12-131. Keeping of Inoperative Vehicles Prohibited, and Section 12-133. Removal of Inoperative Vehicles, of the Code of the Town of Wytheville, Virginia. Mayor Crewe stated the ordinance is before the Council on second reading. He stated that, basically, the ordinance changes a couple of items in regard to inoperative vehicles, which would prohibit inoperative vehicles in industrial districts, allow 30 days to move an inoperative vehicle and 30 days to disassemble an inoperable vehicle. Mayor Crewe reiterated that Ordinance No. 1303 is before the Council on second, but not yet, final reading. He inquired if there is a motion in regard to Ordinance No. 1303. A motion was made by Councilman Weisiger and seconded by Vice-Mayor King to adopt Ordinance No. 1303, an ordinance amending and reenacting Chapter 12, Solid Waste Collection and Disposal, Article VII. Keeping of Inoperative Vehicles, Section 12-130. Definitions, Section 12-131. Keeping of Inoperative Vehicles Prohibited, and Section 12-133. Removal of Inoperative Vehicles, of the Code of the Town of Wytheville, Virginia, on second and final reading. Mayor Crewe inquired if there is any discussion on the motion to adopt Ordinance No. 1303 on second and final reading. There being none, the motion was approved with the following voting in favor and there being no opposition: FOR: Trenton G. Crewe, Jr., Jacqueline K. King, William B. Weisiger, H. Judson

Lambert, Thomas F. Hundley AGAINST: None ABSTENTIONS: None Ordinance No. 1303 was adopted on second and final reading. Mayor Crewe advised the ordinance is effective immediately.

RE: CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY – FIRST CALL AMBULANCE SERVICE Mayor Crewe advised the next agenda item is to consider the issuance of a Certificate of Public Convenience and Necessity during 2015 to First Call Ambulance Service for the operation of public vehicles. He noted that if the Council will recall, it was the consensus of the Council to table any action on the issuance of a Certificate of Public Convenience and Necessity to First Call Ambulance Service for the operation of public vehicles for calendar year 2015, until this meeting. Mayor Crewe explained that if he is understanding the Budget and Finance Committee report, it is the recommendation of the Budget and Finance Committee that the Council issue a Certificate of Public Convenience and Necessity during 2015 to First Call Ambulance Service for the operation of public vehicles. He reiterated the certificate would be for calendar year 2015. A motion was made by Vice-Mayor King and seconded by Councilman Weisiger that the Council issue a Certificate of Public Convenience and Necessity during 2015 to First Call Ambulance Service for the operation of public vehicles. Mayor Crewe inquired if there is any discussion on the motion to issue the certificate and allow them operate. He advised that the vehicles have been inspected, and they have provided the insurance information, which is provided in the Council members’ packets. Vice-Mayor King stated the only thing she has to say about this is that it was discussed among the Council, First Call Ambulance Service has followed all of the regulations that they are required to follow by the Town and it is only for the remainder of calendar year 2015. Mayor Crewe noted that the Council has asked Town staff to investigate the alternatives during the process. Vice-Mayor King commented that it is like all of the different banks coming to town. She noted that she understands what Guardian Ambulance Service is saying and that she feels sorry for them, but it is not the Council’s duty to keep a business from coming into the Town of Wytheville. Mayor Crewe advised that he does not think he is disclosing any confidences, but Mr. Todd Hyatt showed him some numbers before the meeting that came from Wythe County Community Hospital. He noted that he knows the Council had asked the Police Department and Public Safety to try to get the numbers on who is running calls and where. Mayor Crewe explained that a lot of the numbers are coming from the hospital, and Mr. Hyatt had some numbers that the Council can get from the hospital that might have some relevance to the Council in making this decision in the future or at this meeting. Vice-Mayor King commented that the Council will wait until January 2016 to see if they reapply for a certificate. Mayor Crewe stated that everyone has to start again in January because the certificate ends December 31, 2015. Mayor Crewe inquired if there is any further discussion on the motion to issue the certificate. Councilman Lambert inquired of Mayor Crewe if he heard Town Attorney Kaase discussing this prior to the meeting. Mayor Crewe advised that is correct, and if Town Attorney Kaase would like to share his comments, the Council would be happy to hear them at this time. Town Attorney Kaase stated that he would like to say two things. He noted that in light of researching this, wherein areas such as public utilities where there are specific provisions for Certificates of Public Convenience and Necessity, one of the things that is regularly ruled upon is does the community need the new proposed service. Town Attorney Kaase explained that is where the necessity comes in. He noted that to the point itself, research revealed that Virginia Code Section 32.1-111.14 authorizes counties and cities to deal with emergency medical service agencies and the vehicles and to limit the number of emergency medical service agencies and vehicles to be operated within the county or city. Town Attorney Kaase stated that there is no provision for a town to make such limitation except that any incorporated town may exercise within its corporate limits only all of those powers enumerated in Subsections A and B either upon the request of a town to the governing body of the county wherein the town lies and upon the adoption of the county governing body of a resolution permitting the town such exercise or after 180 days of written notice to the governing body of the county, if the county is not exercising such powers at the end of such 180 day period. He noted that, apparently, in trying to determine how this Code Section is being practically applied, the Council sees the application of it in cities and in counties but, he thinks Town Manager Sutherland inquired of Marion and Abingdon, and they simply do not, at this time, enter into a determination of whether an emergency medical service vehicle is to be permitted or not to be permitted. Town Attorney Kaase advised that the proper way to deal with this would be to first go to the County, if that is what the Council wishes to do. He explained that, otherwise, the Town is really leaving it up to the County to make that determination. Town Attorney Kaase commented that Town Manager Sutherland told him that the County has really not ever made such a determination. Town Manager Sutherland stated to his knowledge, that is correct. Vice-Mayor King commented that she believes that at the last Council Work Session, someone stated that the County had turned down either First Call Ambulance Service or the ambulance service before. Mr. Todd Hyatt stated that the County did not vote on this. Mayor Crewe advised that this is where he believes the Town is based on the statute, which will need to be researched, and that is that either the Town sometime years ago asked the County for the authority and received it because the Town has been doing this for at least 20 years that he knows of. He remarked that he strongly suspects that the Town received permission from the County some time ago, but he is not sure when, and it needs to be documented. Mayor Crewe explained that if the Town has not received permission by the County, the Town has two choices. He stated the Town can either ask for

permission by the County to do it or ask for permission and wait six months and if they have not answered, then the Town can do it. Mayor Crewe commented that the other option is to let the County take care of the certificates, and the Town stop doing it all together. He remarked that if he is reading correctly, the Town needs to have the County’s permission to control the vehicles in the town limits, but that the County has control by the statute. Mayor Crewe stated that to his knowledge, the County has never controlled the emergency vehicles. He reiterated that he suspects that the County has given the Town permission years ago, but that Town staff will need to verify this, and if they have not given the Town permission, issuing or refusing a certificate is of no consequence because the County would be the one to make that determination. Councilman Hundley inquired of Mayor Crewe if he could make a comment. Mayor Crewe stated he certainly could. Councilman Hundley explained that Mr. Hyatt had called him, and he said something to him that he thought was interesting. He stated that Mr. Hyatt told him that the hospital can make a call in an emergency situation, and any ambulance service has access to the Town of Wytheville regardless if it is an emergency situation. Councilman Hundley expressed for Mr. Hyatt to please correct him if he is not stating this correctly, but, any ambulance service has access to the Town of Wytheville regardless if it is an emergency situation. He commented that he was under the impression that every ambulance service, regardless, if they were in the Wytheville town limits, had to have this permit. Councilman Hundley stated that if he understood Mr. Hyatt correctly, this is not the case. Mayor Crewe explained to Councilman Hundley that it is for emergency transports but it is not the case for nonemergency transports. He noted that the nonemergency transports are where all of the money is being made, which is where the fight is. Councilman Hundley inquired of Mayor Crewe how the Town would know, and he finds this troubling because how is the Town going to stop, police or question anybody in this scenario. Mayor Crewe explained that in an emergency situation, he does not think the Town will be allowed to. Councilman Hundley noted in any situation, if an ambulance is seen in the Town, how will Town staff know what their purpose is unless the Police Department is stopping them. Mayor Crewe explained that the reason the ambulance services have been stopped before is because of nonemergency transport, but the Police Department will know who is licensed because they inspect the vehicles. He noted that he is unsure, and is like Councilman Hundley, but if someone from North Carolina on their way to West Virginia stops here, he is not sure the Town has any impact whatsoever. Councilman Hundley advised that he was thinking as this was being discussed, how the Town would police any of this because there is so much activity. Town Manager Sutherland explained that some city code provides that they regulate the ambulance’s service where the call originates and ends within the city. Mayor Crewe commented that is like the Galax ordinance does, too, which is a city, also. He noted that Galax regulates where it starts and stops within the city limits. Mr. Todd Hyatt was recognized and stated that when Wythe County Community Hospital calls Guardian Ambulance Service with an emergency transport needing to go to Roanoke they go to the hospital to pick the transport up. He noted if Guardian is not available, they call the next agency and so on. Mr. Hyatt stated if the other ambulance services need business, they can go to Galax, Grayson, etc. He noted it is the same for helicopters. Mayor Crewe advised that is not a statutory requirement but, rather, operating agreements and mutual aid pacts. Mr. Hyatt stated that is correct, and it is whomever the hospital can get to take care of that patient regardless. He commented that Guardian is able to transport patients anywhere in the State of Virginia. Mr. Hyatt explained that they are permitted to transport into North Carolina, Georgia, Pennsylvania, etc., however, the transport has to start in Virginia or end in Virginia. He commented that it does not matter where in the State of Virginia the transport is going to, Guardian can go because that is the way the State EMS Law reads. Mr. Hyatt stated as far as the hospital is concerned, they call whomever they can get to cover the transport. Mayor Crewe advised that is for emergency transports only and not nonemergency transports. Mr. Hyatt stated that is correct. He explained that Guardian’s biggest fight is the nonemergency transports because that is where they make money. Mr. Hyatt noted that the hospital is bonus money for Guardian. He remarked that First Call Ambulance Service is the same type of company they are and works through Logisticare, which is what Guardian is fighting. He explained that Guardian is fighting the Logisticare part and taking people to dialysis. Mr. Hyatt reiterated that is where the money is to be made, which are nonemergency transports. He stated that Guardian does emergency transports for a bonus. Mayor Crewe inquired of Mr. Hyatt if he is stating emergency transports are taken as a secondary transport because Guardian would not be the first call on the list. Mr. Hyatt explained that Guardian keeps a crew sitting at the office to take care of the hospital, and there is a backup crew. Town Manager Sutherland stated that Guardian’s operation is like having two operations. He noted one is the ambulance group, and there are a lot of cars for transporting people. Mr. Hyatt advised that Guardian makes $2.00 per mile with a taxi trip going to Roanoke. Town Manager Sutherland stated what he is suggesting is there may be the Guardian taxi portion and a separate ambulance service. Mr. Hyatt explained to the Council that the taxi portion of Guardian is a contract through Logisticare, which to be contracted through Logisticare, Guardian has to provide taxi, wheelchair and ambulance services. He noted that is their requirement. Mayor Crewe stated that they have to be able to provide a nonemergency transport for a person who needs advanced life support, for example. He commented that it

would have to be a transport in a regular ambulance and not a taxi car. Vice-Mayor King stated that Carrington Place transports people to the hospital in a car, and inquired if they do not fall under this permit. Mayor Crewe advised that, arguably, Carrington Place does fall under this but, again, that is not an emergency transport and not an ambulance. He explained that Guardian is doing both. Mayor Crewe advised that he really thinks there are four pieces to this. He stated those would include the strictly emergency group, which would include wreck victims, and he noted if he understands correctly, Wythe County is doing the bulk of those transports. Mayor Crewe noted there are the nonemergency transports, which would include inside the town limits and taking a patient to dialysis, to a doctor’s appointment, etc., and this is a lot of what Guardian does. He stated that some of those transports have to be done in an ambulance because the person’s health requires the equipment onboard even though it may not have to be used. Mayor Crewe commented that some transports can be done in an ordinary passenger car because they do not need that kind of equipment. He stated there are the other two pieces, which include some nonemergency that starts here and ends another place like transporting someone to Roanoke on a nonemergency basis from here or, occasionally, starting somewhere else and bringing someone here. He remarked like picking a transport up in Pulaski who had a wreck and for whatever reason needs to be transported to Wythe County Community Hospital. Mayor Crewe commented those are the pieces that the Town is trying to regulate, and the Town’s ordinance does not really address part of it. Councilman Hundley inquired of Mr. Hyatt that he is just curious as to why someone in Wythe County would call an ambulance service in Roanoke or wherever, when they know Guardian is available. He inquired of Mr. Hyatt why is that occurring. Mr. Hyatt stated that it is not occurring, but it is just that the ambulance services are wanting to come in to Wytheville. He remarked that the other ambulance services think that Guardian is sitting on a gold mine. Mr. Hyatt noted that the other services see a lot of trips going up and down the road. He commented that these services are in the same business that Guardian is in, which is to make money. Mr. Hyatt explained when there is a small hospital and no trauma centers close, the other services know that patients are going to be transported because if there is a major incident, patients have to be transported. Councilman Hundley stated as far as local transportation, he does not understand why they would call another service other than Guardian because it does not seem logical to call someone from Roanoke to transport them to wherever local. Mayor Crewe explained that to him the answer is that another service is cheaper. He remarked, for example, why would he buy insurance from Tommy Hundley when he can buy insurance from Judson Lambert for less. Mayor Crewe stated the proof is going to be when some of these services disappear and Guardian stays or disappears if the Town makes the wrong decision. Mr. Hyatt commented that it has been a proven fact that other services have come to town and did not stay and Guardian is still here. He remarked that Guardian has struggled over the years, however, they stay to take care of the people, and they do not turn their back on the people. Mayor Crewe advised that he thinks he can speak on behalf of all of the Council in stating this, the problem the Town has had is that nobody on the Council wants to be responsible for saying someone did not get to the hospital fast enough because an ambulance service was not approved from an outside jurisdiction. He commented that on the other hand, Guardian has been here, has a local office here, hires local people, etc., and that makes a big difference in the Council’s opinion. He noted the Council just has not been able to balance all of those. Mr. Hyatt stated that a prime example is Richardson Ambulance Service because they are here, and he noted Guardian does not have a problem with them, however, their office is 25 minutes away in Marion. He stated that First Call Ambulance Service is located 30 minutes away in Pulaski, therefore, this is a time delay for patient care. Councilman Hundley inquired of Mr. Hyatt if Guardian has the capacity to handle the calls or is that why the other locations are being called. Mayor Crewe advised that the numbers Mr. Hyatt gave him before the meeting show that Guardian not only has the capacity, but they show that Guardian has been doing it. Mr. Hyatt stated that for the month of July, and noted the figures come from the Emergency Room Department at Wythe County Community Hospital, there were 73 transported trips. He noted that 51 of the transports were ground, four were air transports and 18 were transported by the Police Department. Mr. Hyatt commented that Guardian transported 43 of the 51. He noted that Richardson Ambulance Service and Bland County Rescue Squad transported the other eight. Mr. Hyatt explained that Guardian has documentation of these figures. He stated that the other eight transports were given to Richardson Ambulance Service, Bland County Rescue Squad and maybe First Call Ambulance Service received a call, also. Council Hundley remarked that the three companies split eight calls, basically. Mr. Hyatt stated that Bland County Rescue Squad does transportation. He noted that they are a County emergency service, but they do take care of their people, too. Mr. Hyatt commented that they transport their people just like Wythe County Rescue Squad used to. He noted that Wythe County transports out. Mr. Hyatt reiterated that 18 of the transports were taken care of by the police department, which are temporary detention orders (TDOs). Mayor Crewe stated that what that means is that a police department somewhere picked up someone who has to be evaluated, and the Magistrate of the Court issues a temporary detention order, and they have to be transported somewhere in order to be evaluated. He noted that a lot of those transports are a huge distance. Mayor Crewe commented that the Town Police Department has transported a couple of people to Petersburg and a couple to Virginia Beach. Councilman

Hundley inquired of Mayor Crewe if the services are contracted and the transport is sent in an emergency services vehicle or are they transported in a police vehicle. Mayor Crewe advised that the people are transported in police vehicles. Mr. Hyatt explained that is something that is being worked on, too. He noted that he got the following figures for the month of July from Mr. Dustin Hazelwood, and Guardian Ambulance Service answered four of Wythe County’s E-911 calls. Mayor Crewe explained this means Wythe County could not answer the call for whatever reason. Mr. Hyatt stated that an example of Guardian answering an emergency call over Wythe County would be because they were in the Speedwell area, and received a call in town. He noted that a lot of the calls are patient refusal. Mr. Hyatt commented that the patient did not even go to the hospital but, instead, needed to be examined or helped up out of the floor. He noted that in August, Guardian answered three of Wythe County’s E-911 calls. Mr. Hyatt stated those are the figures the Council requested at the last meeting, which he could come up with from the hospital and Mr. Hazelwood. Town Manager Sutherland inquired of Mr. Hyatt if the Town Council could get a copy of the report. Mr. Hyatt gave the report to Town Manager Sutherland. Mayor Crewe thanked Mr. Hyatt for addressing the Council. Mayor Crewe inquired if there is any further discussion on the motion for the Council to issue a Certificate of Public Convenience and Necessity during 2015 to First Call Ambulance Service for the operation of public vehicles. Councilman Lambert stated that he has an inquiry that he would like to direct to Town Attorney Kaase, which is if he heard him correctly, the Town Council probably has no authority whatsoever to control any of this. He inquired if that is correct. Town Attorney Kaase advised that is correct. Mayor Crewe inquired of the Council as to where that leaves the vote. He inquired if there was any further discussion on the motion. There being none, the motion was approved with the following voting results: For: Trenton G. Crewe, Jr., Jacqueline K. King, William B. Weisiger, H. Judson Lambert. Against: Thomas F. Hundley. Councilman Weisiger expressed that the Council needs to further investigate this issue. Vice-Mayor King inquired of Mayor Crewe if the Council can recant their vote and study the issue more. Mayor Crewe advised that the Council can certainly do so, but he thinks he just heard a three to one vote to approve the certificate. Councilman Hundley stated that his point is that he understands everything Mr. Hyatt said in regard to Guardian with the charitable things they do, local hiring, etc. He commented that all of this stands out in his mind. Councilman Hundley remarked that this is a difficult decision. Mayor Crewe advised that the motion was just approved. He stated if he is challenged on that ruling, the Council can certainly reconsider his count. Mayor Crewe explained that the Council can recount the vote, but in addition or in lieu of that, the Council clearly has to have more research, which the Council has directed Town staff to do and now Town Attorney Kaase. He noted that the Town needs to know what to do on January 1, 2016, because all of the certificates expire December 31, 2015, and the Town starts over for everyone for the year. Vice-Mayor King commented that she agrees with everything Mr. Hyatt stated, and Guardian is here for the people. She stated First Call Ambulance Service did comply with everything, and, they complied with everything before it was brought to Council. Mayor Crewe advised that is correct, except for having the vehicles inspected. Councilman Hundley stated that, obviously, Town Attorney Kaase’s research is accurate, and inquired why this is even being considered by the Council. He inquired of Mayor Crewe why is the Council doing this, and will the Council reverse the decision because, technically, it is not legal. Town Attorney Kaase advised that he has read the statute to the Council, but this is early in seeing how things are being implemented. He noted that Town Manager Sutherland did exactly what he wanted him to do, which is investigate what towns in the immediate area are doing and not doing. Town Attorney Kaase explained that it will just take the Town of Wytheville more time. He remarked that he does not feel like any harm has been done at this meeting, if that is what Councilman Hundley is implying. Mayor Crewe expressed that the Council is treating everyone equally. Mayor Crewe advised to answer Vice-Mayor King’s earlier inquiry, First Call Ambulance Service filed their application on June 25, 2015, received by the Town of Wytheville on July 22, 2015, and the vehicles were inspected by Chief of Police Arnold on July 30, 2015. He noted that it appears to him that the vehicles were not inspected until after the application. Mayor Crewe commented that it looks to him like the Town received the certificate of insurance. He remarked that if he recalls, they were not sure of what they needed to do when they filed the application. Mayor Crewe inquired if there is anybody who challenges the counting of the votes, and do they need to reconsider the issuance of the certificate. Vice-Mayor King inquired if the Council takes their votes back, will the ambulance service still be able to come in to Wytheville. Mayor Crewe advised that he will answer that, and he noted that Town Attorney Kaase may challenge him, but he is under the assumption that the Town has been operating under this authority all along, treating everyone the same, and, if the Council undoes the certificate for First Call Ambulance Service, they do not have authority to operate in the town limits. He remarked if they want to take the Town to court, he is unsure what the outcome of that will be. Mayor Crewe advised if the Council undoes the head count he just did and vote not to issue the certificate to First Call Ambulance Service, he thinks the Council has a stronger argument that they cannot operate in the town limits. He stated whether that is a legally authorized position or not, the Council has to wait for the Town Attorney to tell them. Mayor Crewe explained, conversely, if the Council does not undo the vote and if he counted it right and the certificate is issued, he is unsure if this is

legal either. Councilman Weisiger stated he feels like that is the right decision until the Town Attorney says otherwise. Councilman Hundley inquired of Mayor Crewe if the Town should request from the County whether or not they are going to take action. Mayor Crewe advised that the Town is going to make sure it has not already been given that authority first. He noted the Town might stop doing this all together and tell the County they have to regulate them. Mayor Crewe stated if the Town treats everyone the same, it has not hurt anybody, other than saying the Town did not have the authority the Council gave them to begin with. He reiterated if the Council undoes the vote, he feels like the Council has treated them differently than the others and then they may have a lawsuit stating that they were treated unfairly. Mayor Crewe reiterated that this has to be fixed for everyone come January 1, 2016. He advised what he thinks he has just heard is that nobody has challenged his head counting, and the issuance of the permit passed on a three to one vote. Mayor Crewe stated that the Chair did not actually vote, which under Roberts Rules of Order means that he is accounted as voting, which makes it a four to one vote. RE: ADJOURNMENT There being no further business to be discussed, a motion was duly made, seconded and carried to adjourn the meeting (8:07 p.m.).

Trenton G. Crewe, Jr., Mayor

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BUDGET AND FINANCE COMMITTEE REPORT

SEPTEMBER 14, 2015

1. At the last meeting of Council, we reviewed an application for a Certificate of

Public Convenience and Necessity for First Call Ambulance Service for the

operation of public vehicles for the remainder of 2015. As the Council will recall,

there were concerns expressed by Guardian Ambulance Service about the need

for additional ambulance services in town. As a result of that inquiry, we delayed

taking any action on the request for the certificate. We discussed this matter at

our Council Work Session this past week. Our discussion concluded that the

certificates that have been issued earlier this year may be precedent setting for

the issuance of this request. However, we acknowledged that the definition of a

Certificate of Public Convenience and Necessity is a topic that needs to be

researched and specific guidelines developed that outline our expectations for

issuing these certificates. Therefore, later in the meeting when the topic is

considered, it would be the recommendation of the Budget and Finance

Committee that we issue a Certificate of Public Convenience and Necessity for

First Call Ambulance Service for the operation of public vehicles for the

remainder of 2015. During the interim, we would ask that Town staff gather

information to help us determine how public convenience and necessity should

be defined for future certificates.

2. At the Joint Governing Bodies meeting, we requested Wythe County to consider

being a joint applicant with the Town in seeking funding from the Virginia

Department of Transportation (VDOT) for a study of roadway improvements on

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Exit 73 off Interstate 81. As it was noted at the meeting, we believe that future

improvements to this interchange will create new economic opportunities in the

eastern end of the town. Wythe County has responded that they would be willing

to serve as co-applicants and, additionally, would be willing to send a letter of

support to the Virginia Department of Transportation for this funding application.

Wythe County has, also, requested that the Town be supportive of the County’s

request to conduct a similar study on Exit 41 off Interstate 77. Wythe County is

considering an alternate roadway to Progress Park which, if built, would change

the complexion of Exit 41. If funding were available to study both interchanges, it

may be helpful in determining future roadways, especially to Progress Park. It

would be the recommendation of the Budget and Finance Committee that the

Town Manager develop a letter of support to the Virginia Department of

Transportation concerning the request of Wythe County for funding of the studies

on the reconfiguration of Exit 41 on Interstate 77.

Jacqueline K. King

William B. Weisiger

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PUBLIC WORKS COMMITTEE REPORT

SEPTEMBER 14, 2015

1. We wanted to take this opportunity to make everyone aware of the upcoming

community shredding event. The Town has provided this service on three previous

occasions. The fourth shredding event will be held on Saturday, October 17, 2015,

between the hours of 10:00 a.m. and 2:00 p.m. The document destruction services

will be provided by Commonwealth Document Management. Their equipment has

more capacity than our previous vendor and because of the volume of documents

that were received previously, we will again, impose the standard that no one can

bring anything in excess of what would be held by a 55 gallon container. The event

is limited to town residents only, and businesses are not allowed to participate.

Similar to prior events, the shredding event will be held in the Municipal Building

parking lot.

2. At the last meeting of Council, we discussed the concept of conducting experiments

in the downtown area to determine if the existing traffic signals could be eliminated.

This question was raised during the design process for improvements to the

downtown area because of the aging condition of the existing traffic poles and arms.

If it is determined that the traffic signals are, in fact, needed for traffic control in the

downtown area, it will be necessary that they be redesigned and included in the

downtown improvements. The experiment will consist of putting plastic around the

existing traffic signal heads and placing STOP signs on approaching side streets.

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The intersections that will be included in this experiment are Monroe and First

Streets, Main and First Streets, Spring and First Streets, Main and Tazewell Streets

and Spring and Church Streets. It is our plan to start this experiment on September

28, 2015, and observe the flow of traffic for the following two weeks. Thereafter, we

should be in a position to determine if the elimination of signals can be

accomplished or if we need to plan for signal replacement during the improvements

project.

H. Judson Lambert

Thomas F. Hundley

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