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August 8, 2007

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REGULAR MONTHLY MEETING OF THE FARMVILLE TOWN COUNCIL

HELD ON AUGUST 8, 2007

At the regular monthly meeting of the Farmville Town Council held on August 8, 2007 at 7:00 pm in the Council Chamber’s located on the second floor of the Town Hall, 116 North Main Street, there present were Mayor S.C. Newman, Jr., presiding and council member D.E. Whitus, D.L. Hunter, A.H. Nase, H.L. Horton, O.S. Overton, A.D. Reid and E.I. Gordon. Also in attendance were Town Manager, Gerald J. Spates, Chief of Police, Stuart O. Dunnavant, Director of Public Works, Robin Atkins, Town Treasurer, Carol Anne Seal and Town Property Inspector, Kim Thompson.

Mr. Whitus opened the meeting with a prayer.

Mr. George Bagby of 304 First Avenue appeared before Council to inquire of the status of 305 First Avenue. He first thanked Council and the Town Manager for boarding up the windows and doors of the burned structure. He then posed three questions:

1.  Has the Town Attorney been in contact with the attorney for Mr. Byrd, and if so, what was the response?

2.  He understands there is the possibility the Town may file a nuisance suit against Mr. Byrd. If so, what is the status?

3.  Has the Town offered to buy Mr. Byrd’s property? If so, what is the status of that offer?

Mr. Spates responded that there have been three letters between the Town Attorney and Mr. Byrd’s attorney, with responses to each. However, due to the fact that it is pending litigation, he cannot comment on the contents of the letters. As to the possibility of a nuisance suit, he can only comment that we are pursuing that option. In addition, as for an offer to purchase the property from Mr. Byrd, Mr. Byrd refused the offer the Town presented.

Mr. Robert Glenn, Jr. of 306-A First Avenue appeared before Council. Mr. Glenn expressed his frustration with what he described as the lack of progress by Town Council in having the house at 305 First Avenue demolished. The Town Manager stressed the fact that he and Town Council are actively working with legal counsel in this matter and are unable to comment on the status at this time.

Mr. Jack Houghton a resident of the Crestview subdivision appeared before Council and requested an update on the curb, gutter and sidewalk that is proposed for Peery Drive Drive. Town Manager, Mr. Spates showed an overhead slide of the project and highlighted the proposed improvements, mentioning the current pavement is 22 feet and with the curb, gutter and sidewalk the pavement will only increase by approximately two feet. Mr. Spates also said he had been contacted by some of the property owners in the area expressing their support of the project.

On motion by Mr. Horton, seconded by Mr. Hunter and with all Council members voting “aye”, the minutes of the July 11, 2007 regular Council meeting were approved, as previously presented to each Council member.

On motion by Mr. Reid, seconded by Mr. Overton and with Council members Whitus, Hunter, Nase, Overton, Reid and Gordon voting “aye” and Council member Horton abstaining because he was absent from the meeting, the minutes of the July 20, 2007 special called Council meeting were approved, as previously presented to each Council member.

On motion by Mr. Whitus seconded by Mr. Hunter and with a recorded vote with Council members Whitus, Hunter, Nase, Horton, Overton, Reid and Gordon voting “aye”, Council approved the Treasurer’s Report.

On motion by Mr. Reid, seconded by Mr. Overton and with a recorded vote with Council members Whitus, Hunter, Nase, Horton, Overton, Reid and Gordon voting “aye”, Council approved payment of the following bills:

(BILLS PRINTED IN MINUTE BOOK)

REQUEST FOR A CONDITIONAL USE PERMIT – 408 BEECH STREET (JOHN GREEN)

On motion by Mr. Whitus, seconded by Dr. Gordon and with a recorded vote with Council members Whitus, Hunter, Nase, Horton, Overton, Reid and Gordon voting “aye”, Council approved a request for a conditional use permit on behalf of Mr. John Green for his property located at 408 Beech Street.

Mr. Green requested a conditional use permit to convert a single-family dwelling into a two (2)-unit apartment. The property is zoned residential district R-3 and this is an allowed use with a conditional use permit.

PROPERTY INSPECTORS REPORT

Council members received copies of the July 2007 Property Inspector’s Report

REQUEST FOR A CONDITIONAL USE PERMIT – 120 EAST SECOND STREET (FORMER VIRGINIA SHOE BUILDING) – TONI RUSSELL

On motion by Mr. Reid, seconded by Mr. Hunter and with all Council members voting “aye”, Council referred a conditional use permit on behalf of Ms. Russell to the Farmville Planning Commission and authorized advertisement for a public notice.

Ms. Russell has requested a conditional use permit to operate an in-door flea market at 120 East Second Street (former Virginia Shoe Building). The property is zoned industrial district M1 and this is an allowed use with a conditional use permit. Ms. Russell appeared before Council and shared her plans for the business. Council member Horton questioned her signages.

2007-2008 LOCAL EMERGENCY PLANNING COMMITTEE APPOINTMENTS

On motion by Mr. Whitus, seconded by Mr. Horton and with a recorded vote with Council members Whitus, Hunter, Nase, Horton, Overton, Reid and Gordon voting “aye”, Council approved the recommendations of the Local Emergency Planning Commission and appointed Dr. Edward I Gordon as Chairman, Gerald J. Spates as Vice Chairman and Lisa Hricko as Secretary, Treasurer and Public Information Officer for 2007-2008.

REQUEST FOR A CONDITIONAL USE PERMIT – 610 SOUTH MAIN STREET (ANGEL INSURANCE) TAMMY RIDDLE

On motion by Mr. Hunter, seconded by Mr. Reid and with a recorded vote with Council members Whitus, Hunter, Nase, Horton, Overton, Reid and Gordon voting “aye”, Council approved a conditional use permit on behalf of Ms. Tammy Riddle to operate Angel Insurance Agency at the property located at 610 South Main Street.

This property is zoned business district B-4 and this is an allowed use with a conditional use permit.

REQUEST FOR A CONDITIONAL USE PERMIT – 409 BEECH STREET (WALK2CAMPUS PROPERTIES, LLC)

This request was removed from the agenda.

Mr. Brad Hasting, President of Walk2Campus Properties had submitted a request for a conditional use permit for the property at 409 Beech Street. The request was to change the density to allow fourteen units. The property is zoned residential district R3 and the involved several variances from the Town’s zoning ordinance. At the August 1st work session, Council members requested Mr. Hasting appear at the August 8 Council meeting to discuss his request. Mr. Hasting contacted the Town Manager’s office and asked to withdraw his request at this time.

ADOPTION OF TOWN ORDINANCE, CHAPTER 28, WATER, SEWERS AND DISPOSAL

On motion by Dr. Gordon, seconded by Mr. Hunter and with a recorded vote with Council members Whitus, Hunter, Nase, Horton, Overton, Reid and Gordon voting “aye”, Council adopted the following ordinances:

Chapter 28

WATER, SEWERS AND SEWAGE DISPOSAL

Sec. 28-55. Water connection charge.

(1)  In town:

a.  Residential, 3/4” tap, per unit………………$2,500.00

b.  Commercial/industrial, 3/4” tap, per unit….. $3,000.00

     plus cost of labor, materials and equipment to make tap

c.  All taps, over 3/4”

x size of meter………. $3,000.00

     plus $3,000.00 per unit in excess of one (1)

     plus cost of labor, materials, and equipment to make tap

d.  Yard, 5/8” tap

     if connected to existing service line…………$500.00

     $2,500.00 if connected to main

(2)  Out of town:

a.  Residential, 3/4” tap, per unit……………… $4,500.00

b.  Commercial/industrial, 3/4” tap, per unit….. $6,000.00

     plus cost of labor, materials and equipment to make tap

c.  All taps, over 3/4”

x size of meter……… $10,000.00

     plus $6,000.00 per unit in excess of one (1) plus cost of labor, materials,      and equipment to make tap

d.  Yard, 5/8” tap

      if connected to existing service line………..$1,000.00

      $4,500.00 if connected to a main

Sec. 28-58. Rate schedule.

(a)  The charge for water shall be:

(1) First 3,000 gallons……... $17.30

(2)  3,001 gallons to 20,000 gallons, per 1,000 gallons…… $2.66

(3)  Over 20,001 gallons, per 1,000 gallons……….. $4.00

Sec. 28-156. Sewer connection charge.

(a) The basic connection fee is to cover the cost of the service tap w/stop, service line and clean-out. The basic connection fee shall be assessed all residential, commercial and industrial connectors and the payment shall accompany the application for sewer service as set forth in the schedule of fees below:

(1)  In town:

a.     Residential 4” tap, per unit………………… $2,500.00

b.     Commercial/industrial, 4” tap, per unit……. $3,000.00

        plus cost of labor, materials and equipment to make tap

c.     All taps, over 4”………. $3,000.00

                  plus $3,000.00 per inch in excess of four (4)

                  plus $3,000.00 per unit in excess of one (1)

                  plus cost of labor, materials and equipment

(2) Out of town:

a.     Residential, 4” tap, per unit………………… $4,500.00

b.     Commercial/industrial, 4” per unit………… $6,000.00

        plus cost of labor, materials and equipment

c.                    All taps, over 4”……. $10,000.00

d.                    plus $10,000.00 per inch in excess of four (4)

        plus $10,000.00 per unit in excess of one (1)

         plus cost of labor, materials, and equipment

MINUTES FROM WORK SESSION OF AUGUST 1, 2007

On motion by Mr. Horton, seconded by Mr. Whitus and with Council members Whitus, Hunter, Horton, Overton, Reid and Gordon voting “aye”, and Council member Nase abstaining, because she was absent from the meeting, the minutes of the August 1st, 2007 work session were approved, as previously presented to each Council member.

JOINT LIBRARY INFORMATION

Council members reviewed the minutes of the October 11, 2006 Council meeting relating to the joint library project.

Discussions followed on joint ownership of the proposed new library and the Town’s impression from previous meetings with the County that the Town would own the building. Members discussed the minutes from the July 19, 2007 library meeting and Supervisor Simpson’s comment from the Town Council meeting of October 11, 2006 where he reported, “the County had approved the same concept at their meeting the night before”. Mr. Spates said the County’s minutes have been reviewed and the County took no action on the library at their October 10, 2006 Board meeting. Council members expressed their support of the library project and their desire for the town to own the building. Mr. Spates said he had recently written to the County Administrator expressing Council’s surprise at the new development on the building ownership and suggested upon completion, the Town would retain ownership of the building, in lieu of receiving credit for the land. He said he was waiting for Mr. Bartlett’s response.

Council member Gordon continued to express his displeasure at this new development and spoke of his support of the library project. Council member Horton said the letter Mr. Spates wrote to the County Administrator represents Council wishes and suggested Council wait to see what the Town and County library committees can work out.

REQUEST FOR TRAFFIC LIGHT – MANAGEMENT SERVICES CORP. (SUNCHASE)

On motion by Mr. Horton, seconded by Mr. Reid and with all Council members voting “aye”, Council referred a request for a traffic light to be installed at the intersection of Sunchase Boulevard, East Third Street and Longwood Avenue to the Street Committee.

Mr. Trey Steigman, Vice President of Development with MSC requested Town Council consider installing a traffic light in order to improve public safety and assist in the optimal flow of traffic to the area. Mr. Spates spoke of his support of the request and suggested that with the growth and development of the area, the committee should also consider the intersection at Cedar Avenue and Third Street.

AUTHORIZATION TO BORROW MONEY AGAINST LINE OF CREDIT

On motion by Mr. Whitus, seconded by Mr. Horton and with a recorded vote with Council members Whitus, Hunter, Nase, Horton, Overton, Reid and Gordon voting “aye”, Council authorized the Town Treasurer to borrow $300,000.00 against the Town’s line of credit with Sun Trust Bank. The funds will become payable on March 17, 2008.

REQUEST FOR USE OF THE MUNICIPAL PARKING LOT OFF SOUTH STREET

On motion by Mr. Whitus, seconded by Mr. Horton and with all Council members voting “aye”, Council granted a request on behalf of the Farmville Jaycees to use the municipal parking lot off South Street on Sunday, August 26, 2007 from 1:30 pm to 2:00 pm.

The Jaycees will be using the parking lot to register people for a scavenger hunt.

CODE OF ETHICS GUIDELINES FOR MEMBERS OF FARMVILLE TOWN COUNCIL

On motion by Mr. Horton, seconded by Mr. Whitus and with all Council members voting “aye”, Council referred the Ethics Committee’s proposed Ethics Guidelines for Members of Farmville Town Council to the legal staff at the Virginia Municipal League for their review and recommendations.

Council member Horton said he felt the guidelines were too broad and open to interruption. Council member Gordon said he is not in favor of making it more specific and Council member Horton said he would yield to the recommendations of legal counsel. Prior to referring it to VML, suggestions were made that the Town Attorney or the law firm of McGuire Woods review the guidelines.

INFORMATION ON JOHNSTON DRIVE

Members were supplied information on Johnston Drive verifying that it is a town street and not owned by Longwood University.

PARKING METERS ON MAIN STREET

On motion by Mr. Whitus, seconded by Dr. Gordon and with a recorded vote with Council members Whitus, Hunter, Nase, Horton, Overton, Reid and Gordon voting “aye”, Council agreed to accept the recommendations of the Street Committee and authorized refurbishing the parking meters on Main Street and replacing the parking head mechanisms to charge .25 cents for 30 minutes of parking.

Council member Horton and Gordon updated members on the street committees discussion regarding the municipal parking lot and the possibilities of different parking control devises. Town Manager, Mr. Spates said he would be contacting companies to ask for their recommendations. Council member Gordon spoke of a possible token or voucher program for customers purchasing merchandise from the downtown merchants.

REQUEST FOR PARTIAL 2007 BUSINESS LICENSE REFUND – STUTZMAN QUALITY HOMES

On motion by Mr. Horton, seconded by Mr. Overton and with a recorded vote with Council members Whitus, Hunter, Nase, Horton, Overton, Reid and Gordon voting “aye”, Council approved a partial business license refund of $309.19 to Stutzman Quality Homes.

REQUEST FOR PARTIAL 2007 BUSINESS LICENSE REFUND – TOWNSEND AND SON INC, DBA TOWNSEND CHEVRON

On motion by Mr. Whitus, seconded by Mr. Horton and with a recorded vote with Council members Whitus, Hunter, Nase, Horton, Overton, Reid and Gordon voting “aye”, Council approved a partial business license refund of $822.40 to Townsend and Son, Inc., DBA Townsend Chevron.

REQUEST FROM MULLIGAN’S SPORTS GRILLE - HOOTENANNY

On motion by Mr. Horton, seconded by Mr. Hunter and with all Council members voting “aye”, Council approved a request by Mr. Matt Hurley, Manager of Mulligan’s Sports Grille to host their annual Hootenanny celebration on Saturday, September 15, 2007 from 2:00 pm – 9:00 pm.

COMMONWEALTH REGIONAL COUNCIL REQUEST FOR FUNDING – LOBBYIST

Council member Gordon made a motion for the Town to approve funding $8,500.00 to the Commonwealth Regional Council for a lobbyist position. The motion received no second.

Council member Gordon said he brought this matter before Council at the August 1st work session and felt that members had agreed to participate in funding the position. Mayor Newman asked if there was a second to the motion – members remained silent. Council member Gordon asked that the Town Manager notify the Commonwealth Regional Council of Council decision.

The Town Manger showed a power point presentation-highlighting town projects - some items mentioned were:

·   Streetscape project

·   Johnston Drive

·   Bridge projects

·   Taco Bell / Long John Silvers

·   Rudy Tuesday (POD) – storage unit

·   Street light dedication – brick pavers

RESIGNATION OF COUNCIL MEMBER ANNE NASE

Mayor Newman read a letter from Council member Nase resigning as Ward B’s representative on Town Council, affective at the close of the August 8, 2007 Council meeting. Mr. Spates presented Mrs. Nase with a token of Council’s appreciation for all she has done for the Town of Farmville.

On motion by Mr. Reid, seconded by Mr. Overton and with all Council members voting “aye”, Council accepted Mrs. Nase’s resignation letter.

APPOINTMENT TO LIBRARY COMMITTEE

Mayor Newman appointed Dr. Gordon to replace Mrs. Nase on the Town’s Library Committee.

TOWN COUNCIL AND THE TOWN MANAGER REPORTED ON THE FOLLOWING:

·   Members expressed their gratitude and appreciation to Mrs. Nase, praising her leadership and guidance.

There being no other business the meeting was declared adjourned at 8:20 pm.

_____________________________              _____________________________

Mayor S.C. Newman, Jr.                                         Lisa M. Hricko, Clerk

 

Town of Farmville, 116 North Main Street, Farmville, VA  23901

Telephone: 434.392.5686

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