City Council

The “New River” City 10 Robertson St. August 23, 2021 Radford, Virginia Meeting Number 3 of Radford City Council, F.Y. 2021-2022 The regular meeting of the Radford City Council was convened at 7:00 p.m. on August 23, 2021 in the Radford City Council Chambers, located at 10 Robertson Street Radford, VA. The Mayor of the City, Raymond David Horton, was present and presiding. Other members of City Council present were Mr. Onassis Burress, Ms. Jessie Foster, Mr. Forrest Hite and Ms. Huntington. Ms. Foster made a motion and seconded by Mr. Hite for Naomi Huntington to participating by electronic communication means, whom stated that she is at home due to a medical condition. Others present were as follows: Mr. David Ridpath, City Manager Ms. Melissa Skelton, Deputy Clerk MINUTE APPROVALS: On a motion by Mr. Burress and seconded by Mr. Hite that the minutes for the July 12, 2021 are approved as presented. VOTE: AYES: Mr. Burress, Ms. Foster, Mr. Hite, Ms. Huntington, Mayor Horton NAYES: NONE-0 MINUTE APPROVALS: On a motion by Mr. Hite and seconded by Ms. Foster that the minutes for the August 9, 2021 are approved as presented. VOTE: AYES: Mr. Burress, Ms. Foster, Mr. Hite, Ms. Huntington, Mayor Horton NAYES: NONE-0 CITIZEN COMMENTS: NONE REPORT: SUBJECT: COVID-19 Update SUMMARY: Ashley Briggs, Coordinator of the New River Valley Business Community Team and Liaison with VDH, presented to give an overview of the Coronavirus status and expectations across the region and in the City of Radford. PROCLAMATION: SUBJECT: Radford Transit SUMMARY: The Proclamation recognizes the 10th anniversary of Radford Transit and its success, and benefits of service to our community. The Resolution also recognizes all of the partners, employees and our service contract. ACTION: Mr. Hite made a motion to approve the proclamation as presented, Mr. Burress seconded the motion. VOTE: AYES: Mr. Burress, Ms. Foster, Mr. Hite, Ms. Huntington, Mayor Horton NAYES: NONE-0 Mayor Horton read a letter from Congressman Morgan Griffith recognizing Radford Transits 10 th Anniversary. OLD BUSSINESS: SUBJECT: Appointments to Boards and Commission SUMMARY: Appointments are needed for the Library and the Beautification Commission. The vacancies have been posted. These were the remaining appointments not filled at the June 28, 2021 meeting. Mayor Horton made the motion to appoint Ashley Syphrett to the Beautification Commission, Ms. Foster seconded the motion. VOTE: AYES: Mr. Burress, Ms. Foster, Mr. Hite, Ms. Huntington, Mayor Horton NAYES: NONE-0 ACTION: Mayor Horton made a motion to appoint Jenni Goodman to the Library Board, Mr. Burress seconded the motion. VOTE: AYES: Mr. Burress, Ms. Foster, Mr. Hite, Ms. Huntington, Mayor Horton NAYES: NONE-0 NEW BUSINESS: SUBJECT: American Legion SUMMARY: The American Legion Building, located at 27 West Main Street is in need of repairs. The 90 –year old historic structure has served the community as a voting precinct, office space for Tourism and the Chamber of Commerce, dance hall space, Senior Center, as well as home to the Harvey-Howe-Carper Post 30 of the American Legion. The building needs roof, bathroom, HVAC and cosmetic upgrades. The building was built to honor World War I Veterans and has served as a continuous meeting space for the American Legion for nearly a century. The Legion has asked the City for financial support for needed repairs. Mr. Burress provide background for the American Legion building and historical uses of the building. He the first phase repairs include securing the building to ensure no more water penetration into building. He stated that because the gutter system and chimney spouts are failing, its causing water to seep down the sides of the building creating a gulley. Making these repairs will honor our community by what it has provided. This portion is in need of skilled labor; once done they will be able to utilize the volunteers. Once completed it will allow the American Legion Veterans to come back into building for meetings. Mayor Horton stated that the quote is for the first phase is $45,795, which includes a $500 discount from Crockett Home Improvements, Inc. He asked the councilmembers for their thoughts. Ms. Foster shared that she first brought this to Council in 2018, when she was first elected. She noted that back then she witnessed that there were no proper bathrooms, heating and water was literally running down the walls and was concerned both as a citizen and a veteran. This is a very important project, and have seen the price increase a couple of times. This time asbestos and asbestos removal have been included, which has increase the price. She stated for the citizens watching from home what the $45,795 covered: Removing existing asbestos shingles, contain and dispose of debris to landfill, install ice and water shield around perimeter and penetration, install synthetic felt, install aluminum drip edge, install pipe boots, install step and counter flashing on chimneys and walls as needed, install Owens Corning TruDefinition Duration architectural shingles and 2-year labor warranty. She stated she is uncomfortable without getting additional proposals on getting the work done. She is eager to see this project move forward to stop further damage, but as a homeowner she got several proposals for her roof because it’s the fiscally responsible thing to do. She stated she is willing to assist Mr. Burress in getting additional quotes she is happy to help. Ms. Huntington shared she appreciates how long Ms. Foster has been championing this project. She recognizes the importance of preserving this building and moving quickly as to incur additional damage, but as the number have increase her concerns have grown. She wants to hear more on what the plans are for this building, she struggles with the city investing large amount of money for the building to just sit there. She doesn’t feel it is responsible for them to move forward with only one quote. She stated that the additional two phases are quoted over $20,000 and will be another substantial investment. If the American Legion is unable to fund raise for this initial phase, then she is concern with them struggling to fund raise for the other two phases as well. She wants to move forward with this project, but not at the place where she can. Mr. Hite asked Mr. Burress to address the concerns from Ms. Huntington regarding Phase 2 and Phase 3. Mr. Burress stated that at no point did he or the American Legion present to the City that they would request additional funding request for Phase 2 or 3. He shared that he understands their concerns and that tax payers deserve to know where tax payer’s dollars are being spent. But he also understands that there is a loyalty that is deserving to these veterans. He asked for specifications regarding building plans, is Ms. Huntington asking what their plan is for money making ventures. He stated that currently they are not able to have meetings in the building during winter or summer months, which leaves a small window of when they can meet. There are no running bathrooms. He understands there is a fiscal responsibility component, but there is also an honoring our veteran component as well for what they and the building has done for our community. Both have to weighed. He stated that the plans for the building are basic, they want to open the building up to have some money making revenue component to it. Whether it be hosting dances or renting out rooms. He emphasized that they are not asking for money for phase 2 & 3, the critical component of this project is phase 1 and if this can be accomplished, then the community has reached out to say they will commit to doing the bathrooms and other repairs. He added that Home Depot has donated $8,000 in gift cards to purchase materials. Ms. Foster responded and said she as a veteran herself see’s that the loyalty they are showing is that council is having this conversation and committed to saving the building. She said we are at the position that we either salvage the building or let it go, that it is pretty desperate. Mr. Burress added that in George Crockett’s words, it’s now or never. And can continue to ask for more quotes, but run the risk of losing a treasure in this community. Ms. Foster stated she is willing to assist with the quotes if that is what is necessary, because she feels like that is the responsible thing to do. She shared that it was mentioned that the basement could be used as incubator space for new startup businesses. She wants to be sure that this building can be diversely used and not for just a couple of meetings a month. Discussion has been had regarding fund raising for the remainder of the phases. She added that the building is amazing but it is imperative to complete Phase 1 and has been told by contractors that Phase 2 & 3 can be done by unskilled labor. She thanked council for their support on this project and willing to look at these numbers even as they have increase a great deal, but still lean on they need to get additional proposals quickly. Mr. Burress interjected that for phases 2 & 3 that the unskilled labor that can be used to complete has been given by community support, We are Radford and other pages on Facebook who will provide that unskilled labor. Mr. Hite stated that we all want to help, he asked Onassis what the process is to obtain other quotes and has there been other interested parties. Mr. Burress responded and said he had a difficult time getting contractors who weren’t busy, or understaff to come out and provide a bid and that’s the issue they were faced with. Crockett has been committed the entire time from 2018, other contractors won’t give us the time of day, return emails or calls because they are busy completing projects as is. He stated he is frustrated because to ask for more quotes as a city council member and Air Force Veteran, he has to wear both hats and be fiscally responsible, this issue now it to get a contractor to the location to provide a quote to us. Ms. Foster stated if she came back and was not able to provide that then we will know that we can’t get additional contractors to quote. Mr. Burress asked if they could set a time limit on that. Mayor Horton asked before we got to that, need to see if Mr. Hite had additional comments. Mr. Hite said he wants to be sure they are viewing everything at once. He asked if they knew how long the project will take. Mr. Burress stated he was uncertain of how long it will take. Mr. Hite asked when was this proposal was presented to them, because there is a statement at the bottom of that page, that said the contractor can withdraw if not excepted within 30 days. Mr. Burress responded that we have surpassed the 30 days., it was presented July 13, 2021. Mr. Hite asked Mr. Ridpath what his comfort level was with this price range for this type of project. Mr. Ridpath responded that they would pull the funds out of reserves, because we have not budgeted for it. They have looked at a couple alternatives and spoken to Onassis about grants and the time it would take to get them. He said that the comments made tonight are consistent with the market, it’s very tough to get contractors and materials. If you can figure out what kind use it can be for the public, it does have some opportunity. He reminded the council that this is not their bid, that they are making a donation to the American Legion because we are not procuring this service. He shared that the price is probably pretty close. The City has done similar projects like Glencoe. Mr. Ridpath asked if this was asbestos roof. Mr. Burress responded that it was. Mr. Ridpath stated that it would be more expensive due to this. Mr. Burress said the asbestos abatement was what has driven the price up as provided in bid. Mr. Hite shared he was torn on this because he sees both sides. He does sense the urgency and doesn’t not want to delay, and at a minimum they do need to set a date when to get bids, if it’s not done tonight it has to be by the next meeting. He asked if it was possible to do the appropriation on the agenda at the next meeting. And can take it off if end up with another bid. Mr. Ridpath responded that they could, and the amount can be amended. Ms. Huntington thanked Mr. Hite for recognizing that they have a diversity of opinions regarding how they achieve the same goal. She stated regardless of the direction they go with the project; it doesn’t mean they don’t support veterans. She said that in previous conversations with Mr. Ridpath, they had discussed CDBG, and they had been advised that there had to be an LMI purpose or an agency that fulfills that need. She asked Mr. Ridpath if he could elaborate on that and if the American Legion is looking at leasing the building, maybe they can look to one of those agencies and be in the position to be eligible for CDBG funding and what were his thoughts on that. Mr. Ridpath shared that in the past they had used funds for Arnheim to replace the roof, and because it didn’t meet the CDBG test, we were required to pay that back. He asked Ms. Skelton to explain the use and function for using the funds. Ms. Skelton said that they would have to identify on the front end what the end use was. And would have to be a public service provider for the whole community, and can’t restrict it to one organization that’s not serving the LMI community, then you wouldn’t be able to use those funds. Ms. Huntington said that basically they would have to identify a partner within the next 6 weeks. Mayor Horton said that he understands the frustration. None of them want to see this structure fail and not be successful, but this is precedence setting with our community. We have had building like Glencoe and Arnheim but typically have a process in place before those buildings were invested in. He recognizes they are short on time and need to come up with solutions. He suggested putting a Memorandum of Understanding of what that investment means and may want to look at having one with the American Legion. The donation could be contingent on them meeting the MOU. He does agree that they should attempt to get additional quotes. He said he supports our veterans fully, but this is not the only veteran organization in our community. He would like to see the other veteran groups supporting this project, because if they can only do it for one organization, he wants them to be supportive due to the historic nature of the structure. He added that they should also have a timeline, for additional fundraising and labor support. Mayor Horton suggested getting those who have volunteered their help, to formally write their intent to do so. He wants to be sure that they are doing their due diligence before committing the funds. He said that if they can have a brain storming meeting with the American Legion, that may help them identify other groups that could utilize the building and potentially use future CDBG funds. Ms. Skelton informed them that if a public service provider was identified, they would be limited in the amount of funding they received because only 15% of the allocation can go toward public service. Mayor Horton said it could be at least a couple thousand dollars to help support them. Ms. Skelton agreed. Mayor Horton asked council if by September 13th if they could put together an MOU, look as additional quoting, talk to the group of future plans for the building and to go back to Mr. Crockett and ask if council does say yes on September 13th to his proposal, what does his window for the work look like. Mr. Burress said it would be advantageous for the city to outline the MOU and what we are looking for. He and Ms. Foster agreed that the American Legion would need guidance with this. Ms. Foster added that she doesn’t want to create artificial barriers and feel they may be on the cusp of that. She agrees that they ought to have something to show that the building will continue to be an asset for the city once it has been stabilized. Mr. Burress said that the American Legion is open to having certain parameters and those can be included in the MOU. He gave an example of having two rooms designated for an incubator for 12 months. Ms. Fosters shared that she has an endearment to this building because it has both the historical elements and has served as home to the veterans for such a long time. Being Veterans, we want to see our veterans housed well. She is concerned if we don’t do something quickly, even by the end of her term, there may not be a need for a conversation to be had. The building is truly in dire need of repair. Mayor Horton said he would like to see the timeline, additional quotes and from the organization, what their plans are. The city can do the MOU. He believes there needs to be some sort of city participation in determining the utilization for a significant period of time. He also wants to see the other veteran groups show their support, knowing they may not be a part of the American Legion but would like to see this done. Mr. Burress asked if he realized that most of them are dual membership. Mayor Horton responded that he did. But based on history when they give support to one group, the other groups feel unsupported. And he doesn’t think they can do this at multiple places. Mayor Horton said that they would revisit this at their September 13th meeting. Mr. Burress asked the Mayor if they could clarify the action items. Because they as a council have had this conversation before. He said before when they had discussed getting 3 quotes they had lessened it to one because they can’t find contractors to come out and do quotes. Ms. Foster said that the dollar amount at the time was much less and what does it hurt if she tries. She said she may come back and say that no one can do it. Mr. Burress said he is okay with that but wants some components in place in regards to timeframe. Mayor Horton said his proposal is to make a decision at the next meeting, but have to develop an MOU, need to see in writing, what are people saying they are committing to volunteer to. Mr. Burress asked that he wanted to see by September 13th a list of what people are signing up to do for phase 2 & 3, when we haven’t determined paying for phase 1 yet. Mayor Horton responded absolutely. He said that was one of the pieces he was putting forth that they had a lot of support, which he has seen, but believes they need to make it concrete. He said we need to know all the assets and liabilities. And would he advise a client to make a decision without knowing all the information. He said knowing all these components would help them form the right decision and that the investment from our tax payers will be well received, not just by this organization, but what can happen for the community. Mayor Horton said he need to know what the timeline is for phase 1, and then phases 2 & 3 in order to make his decision. Mr. Burress asked for a consensus, because he is hearing a lot from the Mayor and not remainder of council in regards to collecting a list of potential volunteers. Ms. Foster stated she feels this would be busy work for them, and when they first were looking for volunteers they received a lot of them, though she will say it may not have been specifically a plumber. But there were so many volunteer that they were concerned with using all of them. Her concern is that they are asking people to volunteer for a project when you don’t know when the other phase would occur. Mayor Horton said that’s why it is important to have timeline. Ms. Foster responded that they can give us a timeline but that can be fluid. Out of all the suggestions she feels having a better grasp of how this building can be used for the community is important, but trying to get lists now and people rallied to volunteer is a lot of busy work that any of them have time to do. Mayor Horton stated that he doesn’t think it is busy work because he said one of the comments that was made was we don’t know if in Phase 2 if we will need to come back for $20,000, and phase 3 don’t know if will have to come back for $10,000 and the comment that was made was we have all the volunteers, he said for him if that is what he is basing his decision on then he would like to see the list of assets for other phases. Mr. Burress argued that 3 members of this council think its busy work. He said they could go in today and prepare a list of every person who said would volunteer, but that is not going to move them forward with getting the building secured. He said to the Mayor that he wants to see this. He asked Mr. Hite and Ms. Huntington if they want to see this. Because if we as a collective council are going to determine fiscally that they donate this money to the American Legion, they need to be in consensus in terms of what they want to see. Reasonable tasks are that he reaches out to Crockett and ask for a timeline, and for Ms. Foster to attempt to get additional quotes. But compiling a list is not moving them forward. Ms. Foster said if we can at least save the building and remediate the rain damage maybe after that they go back to fundraising, and may need a committee for that. Mr. Hite wanted to point out that what they are talking about is phase 1 and phase 1 is what saves the building. There are better ways to mitigate the city’s risk, and say this is what we are committing to help with and this is phase 1. And this can be included in the MOU and say this is a onetime donation and is a reasonable way of ensuring the city is not going to continue to be on the hook for more assistance down the road. Ms. Foster interjected that they shouldn’t tie the hands of future councils. Because we don’t know what the economy will look like and maybe the city would want to contribute. Mr. Hite said he wasn’t trying to say that we won’t. Mr. Burress said he was on board with the MOU, that it was a great suggestion. It shows that we are being fiscally responsible as a council and could put in the MOU a timeline for phase 2 to be started or completed. Council continued discussion on the expectations for the September 13th meeting. Council is agreement that a Memorandum of Discuss be developed along with reaching out to contractors to determine if additional quotes could be acquired. ACTION: Tabled to the September 13, 2021 meeting. SUBJECT: Collective Bargaining SUMMARY: Members of the Radford Fire and EMS Department are advancing membership consideration in the International Association of Fire Fighters. The Professional Association is membership based with focus on benefits, training, mitigating employee rights and lobbying legislation impacting the occupation. Virginia legislation approval last year, allows for “collective bargaining” associations in local governments begin May 1, 2021 with local approval. Jessica Burton, presented an overview, expectations from the City and organizational plans at the May 10, 2021 meeting. Our legal Counsel has prepared a resolution for City Council consideration that includes the provisions and requirements for an employee group to be recognized by the City. Mr. Bedsaul, City Attorney, explained that employees have always has the right to join unions or employee associates, however, public employers did not have the authority to recognize an exclusive bargaining agent for purposes of collective bargaining with a union or employee group. He explained the similarities that employee groups may have, along with what collective bargaining is. Mr. Bedsaul shared that a new law, Section 40.1-57.2, went into effect May 1, 2021. This new law gave the authority to public employers like the city, to recognize an exclusive bargaining agent to negotiate a collective bargaining agreement on behalf of an employee group. Under the new law, one of the ways a locality can be required to consider whether or not to engage in collective bargaining is when an employee group provides Council with a certification from a majority of its members requesting that City Council consider enabling collective bargaining between the employee group and the city. If that happens, then City Council is required within 120 days to consider whether or not to do this. He added that when the new law went into effect, the city anticipated that there would be requests from employee groups for City Council to consider enabling collective bargaining and thought it was a good idea to come up with a policy to provide guidance to employee groups, on how to make a request to City Council and what needs to be done to provide a majority certification. Mr. Hite wanted to provide clarification for those who are watching, that what they are looking at tonight does not make any decision on part of the city with regard to collective bargaining itself, it simply establishes a process to try and eliminate any miscommunication between parties in the future. Council discussed whether the definitions outlined within the procedures were what adequate. Mr. Bedsaul shared that he worked with Dawn Diamond, HR Director. And the definitions are consistent with the employee handbook. Ms. Huntington shared the procedure gives a good fair process to let our employees know what the expectations are should they seek to take advantage of this process. Mayor Horton asked council if they were comfortable with the certification procedure? Mr. Burress asked if they need to specify necessary tools, like employee roster? Does it need that level of specificity? Mr. Bedsaul responded that it was better to leave more flexible. ACTION: Ms. Foster made a motion to approve the resolution as presented, Mr. Burress seconded the motion. VOTE: Mr. Burress YES Ms. Foster YES Mr. Hite YES Ms. Huntington YES Mayor Horton YES CITY MANAGER COMMENTS: Mr. Ridpath welcomed both Radford University and City students back, it is great to see people back in the community again. The sidewalk project in the west end is almost complete and looking at other projects later this fall. He shared there is a lot of building activity. Radford Transit celebrated its 10th Anniversary. Great asset to our community. He asked Kim Repass to let everyone know how the concert on Saturday went. Ms. Repass shared they had 3 food trucks, and with about 600 people in attendance. Great family event. She received fantastic reviews with people asking when the next one is. She shared that this coming Saturday is ReNew the New, with registration starting at 8:00, with a welcome and safety report at 8:30, and dispersing at 9:00 by either land or river. The information is out on Facebook and website. COUNCIL COMMENTS: Ms. Huntington took a moment to congratulate Ms. Repass on a great concert and share that she put it together in about month. She also congratulated Sheriff Armentrout on a great kid’s camp. It was very successful. Ms. Foster dedicated her moment of silence to John Paul Jr. and wanted to piggy back Ms. Huntington’s remarks on the concert. It was great to see so many people of all ages really enjoying themselves. She shared that a number of people asked her if this was a test to see if an amphitheater would work at this site. She is hoping to make this a series. And saw a lot of people from so many other communites. Mayor Horton congratulated Ms. Repass and asked her if she wanted to share what was coming up in the fall. Ms. Repass shared the following events: September 18th – Concert – Glencoe Field October 2nd- Homecoming at RU October 9th - Highlander Festival October 16th – Craft N Draft October 30th – International Food Festival that will be held downtown. Ms. Foster asked if people can find that on the website? Ms. Repass responded that it was. Mayor Horton said he appreciates that she has taken on both the Tourism and Economic Development. Both are very closely tied. He shared his appreciation for the Tourism group, Chamber and all the volunteers who came out and helped make it possible. He shared this weekend will be a very busy one in Bisset Park, with ReNew the New and the Literacy Volunteers TriWizar TriMile Race. Please come out and support these efforts. He reflected on this evenings meeting and stated that it is important that they have these detailed conversations, so that every decision they make on council is intentional. Mayor Horton made a motion, seconded by Ms. Foster to convene a closed meeting for the purpose of: Discussion or consideration of the acquisition of real property, for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, under Virginia Code Section 2.2-3711 (A) (3). Consultation with legal counsel pertaining to actual or probable litigation, where consultation or briefing in an open meeting would adversely affect the negotiating or litigation posture of the public body; specifically, for Council to receive consultation concerning the opioid and 6th Street Right-of-Way litigation.2.2-3711 (A) (7). VOTE: AYES: Ms. Foster, Mr. Burress, Mr. Hite, Ms. Huntington, Mayor Horton NAYES: None-0 Ms. Foster made a motion to adjourn the closed meeting, Mr. Burress seconded the motion. VOTE: AYES: Ms. Foster, Mr. Burress, Mr. Hite, Ms. Huntington, Mayor Horton NAYES: None-0 Ms. Foster made a motion to re-convene the regular meeting, Mr. Burress seconded the motion. VOTE: AYES: Ms. Foster, Mr. Burress, Mr. Hite, Ms. Huntington, Mayor Horton NAYES: None-0 CERTIFICATION OF THE CLOSED MEETING: Mayor Horton made a motion that Council did not discuss anything in the closed meeting other than the two items for which it was convened, Mr. Hite seconded the motion. VOTE: AYES: Ms. Foster, Mr. Burress, Mr. Hite, Ms. Huntington, Mayor Horton NAYES: None-0 Mr. Burress made a motion to authorize the city’s outside legal counsel in the opioid litigation to vote in favor of the proposed Mallinckrodt bankruptcy plan, Ms. Foster seconded the motion. Mr. Burress made a motion to adjourn the meeting at 9:52 p.m., seconded by Mr. Hite. VOTE: AYES: Ms. Foster, Mr. Burress, Mr. Hite, Ms. Huntington, Mayor Horton NAYES: None-0 ATTEST: _____________________________ Melissa Skelton, Deputy City Clerk