City Council - Regular Meeting

2025 Wayne City Council to order. Mr. Shortly the pledge of allegiance I pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible with liberty and justice for all. Thank you, Mr. Short. Item two is the adoption of the meeting agenda. The manager has requested that items eight and nine be removed from this evening's agenda and they will be scheduled for a future meeting. Is there a motion to amend the requested? I'll make that motion. Thank you, Mrs. SL. Is there a second? Second.

Thank you, Mr. Short. Any discussion? All in favoring the agenda, say I. I. Any oppose? I have it. 40. Is there a motion to adopt the amended agenda? So move. Thank you, Mr. Sh. Is there a second? I'll second. Thank you, Mr. would. Any discussion? All in favor say I. I. Any. Sorry, I was reading 74 zero. Item three is matters from the mayor and I did have notes somewhere. Is this it? The one I was reading?

The one that Mr. Snow took for me. So, we we all had the opportunity to participate in Saturday's parade. It was a uh large uh event. I think bigger than what I've seen in the past. Uh but I think it was very successful. I think folks and kids had a great time. So, that was always fun for us to do. Uh Mr. and I did attend uh last week a um work session towards the Main Street America focus. It was a focus group that uh that particular focus group I think was elected officials and some uh business owners I believe

was in that particular focus group. A lot of good information out of the surveys uh uh that the consultant provided. So it was very interesting. I had an opportunity to attend the Augusta Medical Government and Business Social and from a personal standpoint, it was a lot of uh interesting information for me. Um that and I did ask some specific questions. There were some some interesting things as it as it applied to the to the Saul region, but then I wanted some additional questions to see if they could zero in on some things specific to Wesville. So, they're working on that and I will share that with council once I get that u once I get that information. So, uh item four is matters from council. I just like to u add that the parade was a smashing success. Um walked a bit of it with Jim passing Candy out for a minute. Randon Terry Kenny was way ahead. um [laughter] acknowledge uh Bradley's towing, but I think this is the second year in a row that they've passed out bicycles um to the youth u along the parade route. Huge success. Absolutely amazing what they're doing in the community. I'd also like to recognize uh Kowanas. Uh we were supposed to do uh groundbreaking uh I believe it was today at 4:00, but because of the weather, we're going to postpone it to the spring. but they're very excited about the playground that we're going to be adding at the Law Springs area. So, um I didn't want that to fall by the wayside and and acknowledge that and know that we're excited as they are about it. So, that's all I got.

I just want to double up on what uh Jeremy says about Bradley Trucking uh what they do for the community. I know they do it for Stewart's draft as well. the amount of uh generosity that they show by handing out truckloads of bicycles and large toys and stuff to kids along the brave route. Um definitely gives you a little uh a smile for the season. So big big thank you to uh Kenny Bradley and his group down there at Bradley's Trucking for what they do for the community. And I just just want to um thank and acknowledge our um I'm reminded by the beeping sounds outside of our um public works crews that are really doing a great job with the uh surge of snow that we've had um here as of late. So just thank you to them and uh as well to our emergency responders for all that they do um keeping us safe um in particularly in inclement weather. So just thank you all for everything.

Thank you everybody. Item five is consideration of the consent agenda. Is there a motion to adopt the consent agenda? So move. Thank you, Mr. Short. Is there a second? Second. All in. Thank you, Miss Wood. All in favor say I. Any oppose? Eyes have it 40. Item six is to receive the city's annual comprehensive financial report for FS fiscal year 2025. Mr. McCormick.

Thank you, Mr. Lee, and good evening, Mr. Mayor, members of council. The annual comprehensive financial report has been posted to the city's website. We also have paper copies if anybody would like one. I'd be happy to hand out. If you wouldn't like paper copy, that's okay, too. You can find it under the finance section of our website. Uh there are also two reports that come along um with the annual conference financial report, the a communication letter, and the management letter. So, I will turn things over to Miss Gundam. She is our point person on our audit from Brown Edwards. She'll explain those two letters, and then I'll go through a couple from the act and some next steps once she's done.

Good evening. My name is Rebecca Gundon. I'm a senior audit manager out of our Harrisonenberg office. Um, and I spend a majority of my year and my time working on local government. So, that's my my bread and butter. And I want to thank you all for the opportunity to serve the city. And then also thank Cameron and his team up in finance along with Vonda and her team over at the school board for the time that they put into preparing for the audit. It is a drawn out process. We start in May and we just recently issued. So it also takes up a bulk of their year um addressing our audit requests and our needs. And so we're thankful and appreciative of not only the time that they put in to get ready for the audit, but then also throughout the entire audit process being very responsive to our requests and our needs. Uh like I noted, we have completed the audit and the reports. They have not been submitted to the state yet. The state is ultimately most interested in this other report called the transmitt. everything um as a whole with the transmitt and the financials and letters will be submitted should be tomorrow. So that's well within the the deadline which is Monday December 15th. Moving on to the financials themselves a little bit. We did issue a clean or unmodified opinion which is the one that you want. It's the best opinion that you can receive and that means your financial statements are materially correct in accordance with generally accepted accounting principles. uh if you haven't done so already, I definitely encourage you to read the opinion and go over it. It's only a few pages long, but it does go into more detail explaining what an audit is and then also more detail to explain what our responsibilities are as a auditor and then what management's responsibilities are as well. Um, and it's also worth noting that the opinion, the opinion letter and then the other letters that we issue, those belong to Brown Edwards in our in our our

material. Outside of that, everything else in the financial packet, the MDNA, the statements, the notes, the required supplementary information, other supplementary information, statistical tables, there's a lot in there. All of that belongs to management and is considered management's financials. We also issue a report on internal control. It's in the very back of the financial um in the ACT firm. Um and that goes into detail about your internal controls and it should be looked at and read and reviewed alongside and in conjunction with the opinion. Um so while we do talk about your internal controls, that report is not an opinion on your internal controls. Um it's if we had any internal control deficiencies, they would be identified back there in that report. Uh that report also includes federal and state compliance matters for FYI25. The federal government um OM specifically the office of management and budget. They did not release their um compliance requirements in time for us to complete all of our federal testing. We have done some. So we will be issuing a separate single audit report which single audit means our testing over your federal grants. So we'll be issuing a separate report probably in January uh that's specific to testing and uh our procedures with the federal money. We have another letter that we issue. It's called the management letter. So as part of our audit we do look at internal controls. We get an understanding for the processes that you have in place to safeguard the city's assets. And then through that process, we identify potential risks or riskier areas. And from there, we fine-tune our audit approach and our audit procedures to specifically address those risk. It's what we call a riskbased approach.

And that letter also does emphasize and state that we do not issue an opinion on the city's internal controls. And then the last letter that we issue that is a letter uh that's called the letter to those charged with governance which is you all you are the governance of the city of Wsboro and that includes everything that auditing standards requires us to tell you about. Um one thing that's different in that letter this year there was a new accounting standard related to compensated absences. So, it just has a blurb about that, but there's more detail in the note disclosures about that standard as well. Um, a big chunk of that letter discusses estimates that are included in your financials. All financials um include some element of estimating that go into them. Uh, but throughout the audit process, we do look at the city's estimates. Does the methodology appear reasonable? We look at the inputs. And not only that, but is the um is the methodology applied consistently from year to year? Management's not bouncing back and forth with how they come up with their estimates. We are also required to let you know if we came across any difficulties or disagreements with management during the course of the audit and happy to let you know that we did not have any of that. Um, and then there's also going to be another letter attached to this letter, the the letter of those charged with governance. There's a letter attached to that. It's called the management representation letter. Um, and that's going to be on the city's letterhead. And it is a letter from management to us, the auditors. And it is considered the final piece of audit evidence that we receive. and it is seven pages of items that management is taking formal responsibility for and they're representing to us um about the

circumstant circumstances and contents of the financial statements and that is that's all I have. So if you have any questions be happy to address them. Questions? No ma'am. Thank you for making the drive. Thank you. Yeah, of course. Careful. We'll do Mr. McCormick.

Thank you, Mr. Lee. Um, so I don't have a ton to add to that other than um, thank you to Rebecca for being here. I think at one point I looked out and counted you plus two or three others plus Megan working on it from two, three, four weeks out of the year and then off and on for the last six months. So, we appreciate I appreciate my staff clipper, our financial analyst Keser, our assistant director, one of them, our county manager, do a lot of work to make sure that they have what they need so that we can get the financials put together. Um, over the next couple of weeks, we'll spend some time, we've gotten to the point, I think we're up to five different entities we have to submit this to. Now, we got to send to the state, we have to submit to, um, EMA for our debt disclosures. I'll forget a couple. We have to submit to the Department of Criminal Justice Services, the VOTE. So, we'll work on those submissions over the next couple of weeks and then once we get the single audit wrapped up, um we'll submit it to the federal audit clearing house as well. I don't think it has to come back to council again for the SEA. Um that's the federal audit. Um assuming there are no issues with the SEA, we wouldn't bring it back. We just posted as an additional report on our website. Um not to boil this down to just a couple of pages um but what council is going to probably be most interested in as we work through is the unassigned fund balance that's going to be in your exhibit three. Um and then also going to be that we were able to refill all of our reserves. Your safety net policy is fully filled. Your unassigned fund balance which has held steady for the last couple years ended up right at $2 million 1,985,000. That's the money that we use to keep our capital plan moving forward. Also um the money we use to do our small capital. Um we'll continue to talk about the um audit and what those numbers mean. The main thing is that we can rely on them. The council can rely on them um and the citizens and the agencies that we submit this to. You all have any questions? I'd be happy to answer them now. If not,

we'll get we fulfilled the requirement of the presentation this evening. I'll get the locality report signed and submitted to the state. Any questions for just we appreciate the work that you're doing. Thank you. No action at this time.

Item seven is the whole of public community consider introducing an ordinance amending city code chapter 98 zoning ordinance 4.6.7 car washes to change orientation requirements for service bay door openings. Mr. Hampton. Yes, sir. Mr. Mayor, members of council, um here we go. So, uh this is an this request is submitted by an applicant and this relates to um zoning text amendment as it pertains to our entry corridors and car washes. Um council considered a similar request, not this request, but a similar request previously and that request was denied. Um subsequently the applicant resubmitted um a more specific or a similar specific request and um you might recall what happened in the initial uh consideration. The applicant's request was blended with some um staff recommendations on the topic and um ultimately um the ordinance did not pass. And so um this is a second um consideration of um the applicant's intentions and requests and desires exclusively and it pertains only to car washes and only in the corridor overlay district. So, the applicant is requesting an amendment to section 98-4.6.7 car washes as that pertains to the orientation of car wash bay doors within the city's entrance corridors. Applicant is working with a potential car wash client for one of the remaining parcels at the Wsboro Marketplace. That's off of Roser Avenue, and you'll get a a site um orientation map subsequently. Zoning ordinance requirements and site limitations

will not allow for sighting of a car wash at this site as the ordinance is currently written. Um the site is adjacent to residentially zoned part to a residentially zoned parcel. Um and again within the Roser Avenue entrance corridor. So those are the key considerations. Uh the proposed amendment um well first the current language and we'll highlight um in red all service bay doors or openings shall face away from adjacent residential uses and from corridors designated in 98-3.3.2b. applicant proposes new language that states all service bay doors or openings shall one face away from adjacent residential uses. So that condition is preserved in the recommended amendment or the requested amendment and two away from quarters designated in 98-3 unless buffered from the corridor by another existing commercial development. And what this essentially seeks to get at is that um in the depth of an entry corridor, you have some second tier development opportunities that are essentially buffered from view um from from that entry corridor drive or pedestrian activity. And um in that regard um the orientation of the bay doors is mitigated and does not um is not a detriment as it would be if it was in that first row immediately adjacent or first here immediately adjacent to the corridor. Uh purpose of the ordinance was to mitigate the visual impacts of bay doors on entrance corridors and residential areas. The applicant submitted an application to amend this section of the ordinance earlier in the year and ultimately that amendment was um or did not pass by city council and one of the

reasons why was that it was regarded as too subjective and overly broad. So um again the proposed language again and also I'd like to stress this applies only to car washes and second tier development. Uh this gives you an idea of the um entry corridor. This Roser Avenue labeled here, Windy Go, Windy Grove Drive. And then um this is Tiffany and then this area here is Waysboro Marketplace. And the shaded or hatched areas um indicate um the depth of the overlay corridor and the associated additional zoning regulations. Um you can see there that's this is the subject parcel Texas Roadhouse sheets. So clearly a second tier development like additional um businesses for orientation. This gives you a visual of um of the location. You can see in the back there is where the development is proposed. So in conclusion, um proposed amendment relies on existing commercial development to mitigate the visual impacts of car wash bay doors. likely affects a very limited number of parcels and um commercial development front of the car wash and its bay doors would mitigate the visual impacts as the corridor is currently developed. Um conclusion, the planning commission recommended by a

vote of 50 approval of the text amendment. And I think I've covered everything there. Um Leslie will be here tonight. You'll hold a public hearing on the application. Miss Tate will be present um and at the January 12th meeting which at which you would be scheduled to provide final consideration. I'm happy to answer questions, but obviously Miss Tate can um probably do a better job than I can of that. Any questions from Let's see. Um Cameron, did the staff anybody signed up to speak other than that?

Yeah. Okay. So, the applicant is here. proceed. Okay, I hereby open the public hearing applicant wish to speak.

Uh, good evening. Seth Roderick, Montever Engineering and Design Studio serving as a representative of Hangen Car Wash in this application. Um, of course, this application is broad-based for the tech. So, it's it is conducive for our efforts in obtaining the the development rights at the parcel that's been designated. Um, but of course it is broad-based and does apply to the entire city. So, we just kind of want to make sure that distinction. Happy to answer questions as it relate to our specific development. Um, but I would like to just kind of highlight you all saw the imagery that was on the screen showing the depth of this corridors and and that's really the crux of of play here. um you know with that 500 foot depth most of your commercial lots when it's pad development type of commercial um those lots are going to be sized generally somewhere between 250 to 300 ft deep. So by the time you end in half of the rideway, you still end up with this 100 foot plus that kind of extends into that second row commercial and therefore prohibits the ability to have um car car wash bay doors facing the street even if they are 3 400 feet back. Um and that seems to be probably a little bit more than what the original intent of the language is there for. um trying to protect those [laughter] protected corridors from the visual impact of the bay doors um when you are 300 400 ft pack that visual impact is obviously quite diminished and so the intent of this language hearing the feedback that we got from the last submittal being too broad this is really just trying to narrow that focus down uh into what we believe is really the kind of the crux of the issue and that is that second tier development and the language was chosen in a way that I felt was most protective of the corridor by preserving not just allowing it for second row commercial but when there's an existing commercial development in front of us. So that way you're further buffered. You're further you're buffered

by the distance but you also are buffered by this physical presence of some other commercial development. And so while having a bay door right up on the frontage there's an obvious visual impact a bay door on the back side of the sheets much less so. Right? it's not really having contributing to any kind of um what I would deem a a negative uh impact to that corridor. Um so that that language was crafted in a way to again really hit the the notion of that second tier commercial development while really keeping that narrow focused where we're not worried about a larger broader impact in a negative way that could be misapplied throughout the city. Um, the only other thing I'll I'll add is that I think as an ancillary benefit to the change is that if we are concerned about the visual impact of car washes just in general by opening up the door for second tier and making that a little bit easier, it it it puts less pressure on the front row commercial. And so, you know, it's it's just an easier path to travel uh in that fashion. Um so I think that there that that is kind of a you know further protection if you if you open the door one direction it kind of shuts in the other naturally a little bit. So uh with that happy to answer any questions again as it relates to our specific development or in relation to the way the language was crafted and presented in front of you now

questions. I'm pretty sure even with the wording that the necessary buffers for that type of business are still in place. So you still have to do, you know, shrubbery and different types of intermediate buffers in between. So it's not just a hard wall of doors. Correct. And and that that particular parcel has a built-in buffer to the residential next to it. So there's a vegetative screen. Um I can't remember all the particulars of that, but it's a it's a mixture of hardwood, evergreens, and shrubbery um that prevent a visual screen between it and the and the residential next door. Thank you.

Thank you. Anybody? Nobody. I close the public hearing. Is there a motion to introduce the ordinance changing the orientation requirements for service bay doors? Also moved. Thank you, Mr. Short. Is there a second? Second. Thank you, Mr. This ordinance will receive final consideration at the January 1 regular business meeting. Item 10 is to consider adopting a resolution accepting new roads into the Virginia Department of Transportation urban maintenance inventory. Mr. H.

Yes. Um unless council requires extensive explanation, this is um an annual um exercise in which uh the city accepts into its official inventory and then submits to VOTE for urban maintenance uh funding those new roads that have um been constructed through development um or identified by our staff as otherwise qualifying for urban maintenance funds. And again, this is a little exercise that we do each year to make sure that our um funding that we receive from the state keeps pace with our growth of road inventory. Any questions?

Okay. Is there a motion? Thank you, Mr. H. Is there a motion to adopt the resolution accepting new roads into the VOT urban maintenance inventory? I'll make that motion. Thank you, Mr. Second. No second. Thank you, Mr. Wood. Wood. Any discussion? Yeah. As a an employee is of the Virginia Department of Transportation, I'll be abstaining from the vote. Thank you, Mr. Short. All in favor say I. I. I. Mr. Shain. I have it 300. [snorts]

Item 11 is consider adopting a resolution granting Chintel the right to install facilities in the city's right of way. Miss Michaelson, our city attorney. Thank you, Mayor Lee. Um, as council may be aware, under the Virginia Franchise Act, any uh party who wants to put any facilities within the city's right of ways needs to um get the permission of the city. If that um either by lease, franchise, deed, conveyance um or easement, whichever um is longer than 5 years, the city has to go through a notice and bid process. Well, um, Shannondoa Cable Television, known as Chentel, um, desires to install broadband fiber optic facilities within the city's right of way for um, Northre Gun North Gunman Grman, I can't say it. um site and the timing is critical on Northrup Grumman's um part that they'd like to start installation of these facilities before the notice and bid process um timing can occur. So in that event, what we've done is um provided an agreement allowing um Chantel to install these facilities for it's a one-year term and that will give us enough time to work through the franchise agreement to go through the notice and bid process and also not hold up Northrup Grman and and their desire to get the broadband um facilities uh installed. So um we've been drafted a um draft resolution and agreement that sets

forth um the terms that provides this one year um installation and during that time that they will um enter into a franchise agreement. So we will bring this back forward with council after notice and the the public bid process. Um, but like I said, we just wanted to to kind of start now and then follow up with the franchise agreement. I'm happy to answer any questions. Questions? Thank you, ma'am. Is there a motion to adopt a resolution granting and authorizing Chantel to install facilities in the city right away? Move that we adopt the resolution.

I move that we adopt the resolution. Thank you, Mr. Sto. Is there a second? No second. Thank you, Mr. Wood. Any discussion? All in favor say I. I. Any opposed? I 4 Z. Item 12 is to hold a public hearing and consider adopting the ordinance appropriating 5,675,774 and amending the FY26 budget. Mr. McCormick.

Thank you, Mr. Lee. This item was appropriately introduced at your previous most recent city council meeting. Uh it was advertised in the news Virginia on Wednesday, November 26 to hold the public hearing this evening. It has two main components. Um one of them is the incumbrance roll forward uh which is part of the 2025 act for process. Those are purchase orders that were in place at the end of June for work that could not be completed before the end of June. The amount of that is $4,134,679 across all the funds that need to be reappropriated. Um and then there are miscellaneous other grants donations um and fund balance uses of $1,541,000. It's mainly comprised of $1,131,000 of schoolboard appropriations which broken down for further is about $540,000 for grants and then fund balance fund balance usage for insurance reserves and site acquisitions of $591,000. Uh if you have any questions, I'd be happy to answer them now. Um or if you want to hold the public hearing and ask questions, I'll be happy to answer them. Then

let's hold the public hearing first. I hereby open the public hearing. I hereby close the public hearing. This ordinance was introduced at the previous meeting. If there are no additional questions for discussion, I'll call for a vote. I have questions. the appropriations for the land acquisition. Is that something um for the school board that 100% is going to be appropriated one way or the other or is it something that if we tabled that we could um discuss it?

So, I think that you could I mean Cameron, you've had the conversation with the attorney. We we think that you can amend the ordinance. We can break that out if you'd like to take continue or table and wait till a future meeting. um or break it out. And that's probably the would be the easiest thing to do would be to separate the incumbrances, the insurance roll forwards, and the grant um appropriations into one section. And then the and pass that this evening and then do the land acquisition in a separate um separate vehicle and take it to the next continue it to the next meeting and answering questions throughout. If we'd like language for that, I'm sure we can I [snorts] can help with that. I just know we have a joint session coming up where we're supposed to have conversations with the school board and I'm not comfortable No, I'm I'm comfortable appropriating it after we've had discussions. I'm [snorts] not comfortable appropriating it before we've had discussions, but I'm one of five. So, I will leave that to my colleagues to decide whether um they think it's just a better move to um vote on all of it or to isolate it out and hold off doing it.

Yeah, I I I certainly respect, you know, your your position and perspective. Um I think, you know, my interest would be to call the motion. So, Melissa uh stumbled. Go ahead. Were you looking at her? I was going to say we

so if I don't know if this is helpful but um a couple of pieces of information that aren't included in the packet are that um the site acquisition price is $495,000. So that gives you a clear idea of that number. Um I think there the school board is scheduled to or the public schools are scheduled to close on January 6th and um a general statement was made that there the school board will realize have not realized yet but will realize sufficient revenue to um offset or refill the fund balance expended on this acquisition. Um I think in terms of purpose um this information also was not included in the packet. Um the purposes potential [snorts] purposes include either instructional space um for CTE um probably or divisionwide operational space that have not determined the space programming for that. I don't know if that's helpful to you or not. So I don't think that that um to Mr. slow's point there's time for that to be discussed in the in the joint session in January or or what you have provided there's going to be more to that in a joint discussion in January am I saying that correctly on the timeline they're going to have closed before the joint session so

absolutely Okay. So, I don't want to insert myself in the middle of something here, but I think a couple of things. One is it is true that um it doesn't seem likely that we will be able to schedule the joint meeting um before the current stated closure date. Um it is also true that we really did not contemplate um this topic being part of um part of the agenda for that. But we certainly can do two things. one is I would imagine you might be able to move a closing date. Um I would also imagine that we could put something else on the agenda, but um given that um given that we're now looking at the second week of January um before we'll get together on a joint basis, that's that's um considerable ways into the future. So, I guess in short, we could propose that we could seek whether the the schools could change their closing date. Two, we could try to um schedule something in advance of what looks like to be a mid January um joint meeting. Again, I don't know whether that's helpful to you or not.

So, fully understanding the concerns of of of Mr. slow. Um, I have some concerns. However, um, I think that u we press with a vote.

I I have I mean I this is a difficult one in and from my position I from my thinking because I agree with Mr. Schllo. I also agree with the need of the property for the school. Um, is there any kind of wording that we can put in there on because forgive me if I'm if I'm if I'm misunderstanding. We're appropriating this money for the school so they can go through with the purchase of this building. Correct. Correct.

Um, so we're kind of I don't know if I'm using the right word. So we're fronting them the money for the building, but they have other sources of income to cover the cost. in the long term. Actually, they have um their own money um currently to cover the cost, but that own money, their own money is fund balance, which requires the council's appropriation. It's part of their 42 and a half%. Yes. Okay. All right. It's It's kind of unusual in that regard.

It is. and our our job as stewards of the taxpayer money. I want to make sure that every te is crossed and I is dotted to make sure that it's uh that we're doing the right thing. And I I appreciate that perspective as well. I I I would just offer that I don't think that we're we're going to have a whole lengthy conversation with the school board in January and I don't think as it relates to this transaction my opinion would change before or after that. I think it's um bad timing. It it's it's you know I think not ideal timing um but you know opportunity sometimes presents itself in the most curious

true you know time. So I it it I think it's one of those and um um and also it's a it's a from a conceptual level it's been something that's been thought of for over a decade. Um so you know it's it's it's not like it's a sprung up idea. Um it's just how the opportunity presented itself. It's going to be a benefit for the school and most importantly a benefit for the kids in our community. Absolutely. you know, so we want to do what's right for the timing is not ideal for for them, but the timing is not ideal, right? Okay. You have a comments. So, all in favor say I.

We We need a motion and I'm sorry. Do I have a motion? Oh, yeah. But I'm sorry. I'm sorry. We have one from the 5 million 675 should still be on the table then, shouldn't it? So it was introduced and seconded the last meeting. We had from the last meeting. Yes. Oh, okay. So my apologies. So we don't we've already got a motion. Okay. We already have a motion. So all in favor say I. I. I. Any oppose? I have it. Three one. Respectfully.

Gotcha. 100%. Item 13 is consider authorizing city city manager to execute a memorandum understanding related to the operation of the Stanton Augusta Wesboro Animal Services Center. Mr. Ham.

Yes, sir. Since 2011, Waysboro, Stanton, Augusta County have jointly operated an animal shelter in order to meet our municipal obligations under the code of Virginia. Current shelter um actually this is dated now. The former shelter was located at 101 Mount Tory Road in Lynhurst. Um since the um since this staff report was pinned, we've opened the new shelter which is located at 1011 Lee Highway in Verona. Um both former and current shelters governance is informed um by anou, a memorandum of understanding between the three localities. Um the new location has a different ownership structure and a new operational should be established in that new structure. Um for previously the three localities owned the property jointly. In this case it's not possible for joint ownership and the county retains ownership and allows um the regional shelter use at the location. Um theou again informs governance and uh details how expenses are shared and and how we operate um generally at a governance level. Key elements of the new uh 30-year term include um confirms cap capital contribution by member jurisdictions and waysboro's was $1.1 million or will be about $1.1 million. It establishes a process by which the county if determined to expel a city or cities would provide notice and um the obligated repay capital contributions at a proratic share um decreasing by 3.33% annually. It maintains a governance structure of directors which are the chief administrative officers for the member localities and provides that Stanton and Wesboro will pay a 4% fee

split evenly to Augusta County for expenses associated with its service um as fiscal agent and accompanying administrative functions uh for example human resources purchasing accounting and maintenance and IT security. Um, regarding the former shelter, those that real estate will be sold and improvements um will be sold in the sale credited to each respective um member according to the usage percentage and um the members recommend that that go into a fund for maintenance and repair at the new shelter. council tonight has asked for the city manager to um authorize the city manager to execute theou. I'm happy to answer any questions um that you might have. Any

question? I I I would just uh I'm not inclined to support it um for a few reasons. One, I um really think anou should have been established prior to um uh advancing the project. Um I feel I feel that doing this once the facility has been opened is a little peculiar. Of course I don't open animal shelters every other year either. So, um I'd also say that I I uh to my understanding I think can confirm of the city manager the um the fee uh to be split evenly between uh the city of Stanton and the city of Wesboro um has not was not previously collected uh when we were the physical agent um uh the entire time that we were having the physical agent. Um is

that's correct.

That's correct. So I I find it difficult to believe that um between both municipal operations that 4% of the time for HR, 4% of the time for purchasing, 4% of the time for accounting, 4% of the time for maintenance, and 4% of the time for it in Augusta County is then going to be dedicated to this new facility. Um that again is supposed to be a partnership. Um I don't have an aversion to establishing that. at some uh future date. Um but I think uh given that um everybody else got a free pass for a really long time, I just don't think it's right or appropriate for us to um have to lean into that. Um the the other aspect of it of of expelling a city or cities from it because of um again finding out the the land structure of this thing. um after the Dagon building's open or not cons haven't having considerate I think is bad form um it's unfortunate but it's a reality and um I can appreciate the complexity of the ownership and the existing leases and uses and how it creates that challenge uh the ability to subdivide the property. Um, but I also know it takes if we were to get notice uh or some future council were to get notice of of uh you know a change in ownership or a a change in in use and to be expelled. Um this community can't go and pivot within two years. it's going to take more than two years to establish uh um a second second facility or um administrative contract with an SBCA or some other type of of of user. So again, I think it's just uh um

um you know, and I I'd expressed this to the city manager when this was first being considered. Um and it and it looks and I'm sure there's good reasons. I mean, probably the county said no. um as to as to some of the the comments and that I had that I had offered. Um but I can also say no. So did the county respond to Mr. Schwarz? I raised the question of the notice requirement and they said no.

Okay. Any other comments? Is this something that could be tabled? Yes, absolutely it can be tabled. I think that's direction we go. Let's discuss it more. Not something we should decide right now. [clears throat] So, is there a motion to table item 13? I'll make the motion to table item 13. Thank you, M. Wiz. There second. I'll second. So all in favor of motion in item 13 authorizing the city manager execute a memorandum of understanding related to the operation of the Stant Augusta Wra animal shelter services center say I

I any oppose table eyes have it 40 item 14 is consider consider appointing an individual to the economic development authority for an unexpired term ending August 31, 2027. Is there a motion to appoint, what's the name? Michael Strait. Chris Strait. Chris Strait to the Economic Development Authority. I'll make that motion. Thank you, Mr. Short. Is there a second? I'll second.

Thank you, Mr. Wood. Any discussion? All in favor say I. I I Any oppose? Eyes have it. 5 Z. Sorry for hitting the G. [laughter] Uh item 15, communication correspondence calendar. Mr. H.

Yes, sir. I have a couple things. Um I wanted to u thank the members for attending this evening. I recognize that um our weather is challenging, but um I'm grateful to be able to have the meeting. I want to point out a couple things. one, today was the last day that taxes were due, and I think that we endeavored to make the facility available to our citizens to um for those who hadn't paid as of yet to come in and make those payments. And so, it seemed appropriate to go ahead and conduct um elected and administrative business this evening. Plus, I think by having the meeting, it acknowledges, as you did, um the fact that we have a number of public safety and public works agencies who work through the inclement weather. And so while we don't want to take um irresponsible risks with folks safety um at the same time we don't want to unnecessarily counel or postpone um meetings when when we're able to have them. Additionally, um this is the last scheduled meeting for the calendar year and we did have um several items that um were timely in terms of a scheduled public hearing and it working on a um attentive manner to an applicant related to development. So, thank you for your attendance and thanks to staff for being present this evening as well. That's all I have. Oh, oh, oh, excuse me. I have one more thing. So, one of the items um in order to kind of condense the meeting that we removed um from the agenda was the economic development um presentation. And I'm a little bit disappointed that we did that. I think their staff are disappointed too. We part of that presentation was to highlight some video promotional and marketing work that we've recently completed and we were excited to um preview that for the council before it was released to the public. Additionally, we had a promotional video um I think related to the industrial

park that won a recently won an award at um a state level. We were excited to share that. Um because we're not going to be together for a while, we're going to figure out a way to make that material available to you online. Um and unfortunately, um we're going to start to release that to the public. and we regret that we weren't able to have a sort of a special first viewing for the council, but the staff are um understandably proud of that work and excited [cough] to um continue to build the image of our community. Thank you, Mr. H. Item 16, citizen comment.

No one has signed up to speak. Item 17 is a closed session as requested by the city manager as authorized by sections 2.2-3711A8 and 29 of the Virginia code. Is there a motion?

Mr. Mayor, I move to recess into a closed meeting in order to consult with the city attorney and to discuss the award of a public contract involving the expenditure of public funds, including interviews of biders and offerers and discussion of the terms or scope of such contract regarding the Leot building or discussion in an open session would adversely affect the city's bargaining position or negotiation negotiating strategy which requires a provision of legal advice by the city attorney as authorized by section 2.2-3711A88 2-3711A88 and 29 of the Virginia code. Is there a second? Second. Thank you, Mr. Short. Discussion requires a roll call vote. Mr. H. Oh, Mr. McCormick, I'm sorry. Mr. Lee, Mayor Lee, I. Councilman Short, I.

Councilman Wood, I close session. Yeah, I have it.

Is there a motion to return to open session and certify the closed session?

Mr. Mayor, I move to adopt the following resolution. Whereas the city council of Wesburg has convened in a closed meeting on this date pursuant to an affirmative recorded vote in accordance with provisions of Virginia Freedom of Information Act. And whereas section 2.2-3712 2-3712 of the code of Virginia requires certification by this city council at such closed meeting was conducted in conformity with Virginia law. Now therefore, be it resolved that the city council of Williamsboro hereby certifies that to the best of each member's knowledge, one, only public business matters were lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies. And two, only such business matters as were identified in the motion convening the closed meeting were heard, discussed, or considered by the city council of Wesboro.

Is there a second? Second. Thank you, Mr. Short. Any discussion? Uh, requires a roll call vote. Mr. McComic, Mayor Lee, I. Councilman Short, I. Councilman Wood, I. Councilman SL I. We are in back in open session. Item 18. Is there a motion to adjurnn? I move. Thank you, Mr. [laughter] Wood. Thank you. First, whichever you need. Thank you, Mr. Wood. Is there a second? Second. Thank you, Mr. Sulk. We are journ. You got