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Town of Farmville, Virginia |
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Home >> Town Government >> Town Council >> Meeting Minutes November 14, 2007 |
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REGULAR MONTHLY MEETING OF THE FARMVILLE TOWN COUNCIL HELD ON NOVEMBER 14, 2007 At the regular monthly meeting of the Farmville Town Council held on November 14, 2007, at 7:00 pm in the Council Chambers, located on the second floor of the Town Hall at 116 North Main Street, there present were Mayor S.C. Newman, Jr. presiding and Council members D.E. Whitus, D.L. Hunter, S.B. Thompson, O.S. Overton, A.D. Reid and E.I. Gordon. Also in attendance were Town Manager, Gerald Spates, Treasurer, Carol Anne Seal, Chief of Police, Stuart Dunnavant, Director of Public Works, Robin Atkins, Town Planner, Cindy Morris and Property Inspector, Kim Thompson. Reverend Price opened the meeting with a prayer. On proper motion, duly seconded and carried, the regular order of business was dispensed with to hear from guests. Mr. Chris Foster, a Longwood University student living off campus addressed Council. He shared the steps the University and campus organizations are taking to make students more aware of their responsibility of securing their residents and valuables during the holiday break. He said students living off campus are “neighbors” in the community and asked that as neighbors do, to please report any suspicious activities while they are out of town. Mr. Charles Lindsay, a resident of the Avenues began by thanking Council for demolishing the burned structure at 305 First Avenue and asked if the town purchased the property for $75,000. He referred to a previous meeting where Town Attorney, Don Blessing discussed the fourth amendment and the rights of a homeowner. Mr. Lindsay expressed his views saying it would have been less expensive to pursue the legal action against the property owner than to have set a precedent by purchasing the property at three times its value. Mr. Spates responded saying the town would have most likely spent over $75,000 in legal fees and Mr. Byrd might have had some legal right to rebuild a duplex. Council member Gordon responded saying he had also researched the issue and was advised that the Town could be challenged for entering the property and it might be viewed as a violation of the property owner’s rights. Mr. Lindsay also asked if it was true that the Town is considering trading the Johnston Street thoroughfare to Longwood University in exchange for the First Avenue fields. Discussions turned to an e-mail Mr. Lindsay sent to the “Members of the Avenues/High Street Alliance”, regarding Johnston Street and the Towns discussions on selling the property to a housing developer. Mr. Spates asked Mr. Lindsay if he had concerns or questions regarding something he had heard, why he did not call the Town Office. Mr. Lindsay said it is his privilege to inform members of his organization and encourage them to attend this meeting. Mr. Spates responded to Mr. Lindsay question on the Johnston Street and First Avenue fields saying that the Attorney General for Longwood University, along with Tim Pierson and Town Attorney, Don Blessing met and discussed the road around the president’s house. He said at that meeting the Town told the University they would be interested in trading the road around the president’s house for the First Avenue fields. He went on to say the Town would like to leave the property as a park and “Green Space”. Mr. Spates said there was no conversation in regards to selling the First Avenue property to a housing developer. Mr. Lindsay spoke of his wishes that the University retain ownership of the property and that it remain as it is. He said that if the town owned the property and turned it into a park where athletic activities were played, it would mean additional traffic, noise and trash for him and his neighbors. Mr. Lindsay agreed with Mr. Spates in the need for neighborhood parks but did not support the idea of a park where athletic activities would be played across the street from his home. He said he did not oppose the idea of “Green Space” for walking trails with additional trees being planted for a buffer against noise. Mr. Robert Glenn, also a resident of First Avenue spoke to Council. Mr. Glenn thanked the Council for tearing down the structure at 305 First Avenue and commented on the Town’s growth. Mr. Glenn supported Council’s discussions with the University on the Johnston Street/First Avenue fields. Dr. Gordon said that if the Town does acquire the First Avenue property there would be community input prior to any project starting. ADOPT RESOLUTION APPROVING ISSUING OF EDUCATION FACILITIES VARIABLE RATE DEMAND REVENUE AND REFUNDING BONDS (SERIES 2007) On motion by Mr. Whitus, seconded by Mr. Hunter and with a recorded vote with Council members Whitus, Hunter, Thompson, Overton, Reid and Gordon voting “aye”, Council adopted a resolution approving the issuing of the Education Facilities Variable Rate Demand Revenue and Refunding Bonds (Series 2007) for the Longwood Real Estate Foundation. Mr. Spates said the Farmville Industrial Development Authority has approved this matter and asked Mr. Ken Copeland, Director of Longwood Real Estate Foundation to update Council. Mr. Copeland said the funds would be used to replace the initial Bonds issued by the Authority in August of 2006 for the Mid-Town Square project and acquisition of Stanley Park. It will also allow the Foundation to replace a letter of credit with bond insurance and finance the acquisition of the Longwood Village Apartments. Mr. Copeland said the funds would not exceed 43,000,000. Council member Whitus asked Mr. Copeland, what part the Longwood Real Estate Foundation played in Longwood University’s Master Plan. Mr. Copeland said the Foundation was created by the Longwood Board of Visitors for property development and property acquisition for the University. The Foundation is a means for the University to achieve its overall Master Plan in and outside the triangle (Griffin Boulevard, Main Street and High Street), be it property acquisition or property development. The Foundation operates under the University’s Master Plan. Council member Reid asked what will be the University’s stand on eminent domain after Dr. Cormier retires. Mr. Copeland said the Board of Visitors voted unanimously in their adoption of the doctrine and felt it would not be in the University’s best interest to exercise eminent domain but could not speak for future Presidents or Boards. Mr. Whitus asked if the University Master Plan identifies future properties they are interested in purchasing and will the Foundation purchasing the property for the University. Mr. Copeland responded saying the Foundation will purchase property identified in the Master Plan and use that line of credit and interest until the University is ready to buy it from the Foundation. The property will not be gifted to the University – the University intends to purchase the property once they receive approval from the General Assembly and receive the appropriation. Mr. Copeland said the Foundation focus will be on acquiring properties within the triangle but the Foundation has purchased property outside the triangle (Stanley Park, Longwood Village, the block on High Street and Griffin Boulevard, Mid-Town Square and old tobacco warehouse). On motion by Mrs. Thompson, seconded by Mr. Overton and with all Council members voting “aye”, Council approved the minutes of the October 3, 2007 regular work session, as previously presented to each Council member. On motion by Mrs. Thompson, seconded by Mr. Overton and with all Council members voting “aye”, Council approved the minutes of the October 10, 2007 regular Council meeting, as previously presented to each Council member. On motion by Mr. Hunter, seconded by Mr. Overton and with all Council members voting “aye”, Council approved the minutes of the November 7, 2007 regular work session, as previously presented to each Council members. On motion by Mr. Reid, seconded by Mr. Hunter and with all Council members voting “aye”, Council approved the minutes of the November 8, 2007 special call meeting, as previously presented to each Council member. On motion by Mr. Hunter, seconded by Dr. Gordon and with a recorded vote with Council members Whitus, Hunter, Thompson, Overton, Reid and Gordon voting “aye”, Council approved the Treasurer’s Report. On motion by Mr. Hunter, seconded by Dr. Gordon and with a recorded vote with Council members Whitus, Hunter, Thompson, Overton, Reid and Gordon voting “aye”, Council approved payment of the following bills: (BILLS PRINTED IN MINUTE BOOK) ALLEY ABANDONMENT REQUEST – 1203 FIFTH AVENUE, MR. AND MRS. PAUL CAVE On motion by Mr. Whitus, seconded by Mr. Hunter and with a recorded vote with Council members Whitus, Hunter, Thompson, Overton, Reid and Gordon voting “aye”, Council approved a request by Mr. and Mrs. Paul Cave, property owners of 1203 Fifth Avenue to abandon the alleyway located at the 1200 block of Fifth and Sixth Avenue. Mr. Spates informed Council that all adjacent property owners are in agreement with the request and the Board of Viewers recommends Council abandon the alleyway. REZONING REQUEST – 805 OSBORN ROAD, MR. ALEXANDER SAMMS On motion by Mr. Whitus, seconded by Mr. Thompson and with all Council members voting “aye”, Council authorized advertisement for a Public Hearing for a rezoning request by Mr. Alexander Samms property owner of 805 West Osborn Road. Mr. Samms is requesting his property be rezoned from Business District B-3 to Residential District R-2. Mr. Spates advised Council that all adjacent property owners have been notified and do not oppose the rezoning. He continued by saying Mr. Larry Atkins and Mr. and Mrs. Edmund Womack have also requested their property be included in the rezoning request. Mr. Spates said, the Farmville Planning Commission has met and recommends Council grant the rezoning request. REQUEST FOR REZONING AND A CONDITIONAL USE PERMIT – 2740 LAYNE STREET, MR. GEORGE BRISTOL On motion by Mr. Reid, seconded by Mr. Hunter and with all Council members voting “aye”, Council authorized advertisement for a Public Hearing on a rezoning request and a Conditional Use Permit notice contingent upon Council’s approval of the rezoning on behalf of Mr. George Bristol, property owner of 2740 Layne Street. Mr. Bristol is interested in operating a kennel for dogs and cats at his property located at 2740 Layne Street. This is an allowed use in a business district B-3 with a conditional use permit. A portion of the property is currently zoned Business district B-3. The request is to have the entire property zoned B-3. Mr. Spates reported that the Farmville Planning Commission has recommended Council authorize advertisement for the Public Hearing and Conditional Use Permit notice but had expressed concerns with the possible noise issue. He said the Commission recommends Town Council stipulate on the Conditional Use Permit that the entire property to be adequately fenced in, any noise complaints are addressed immediately and that the Town reviews the landscaping plans. Mr. Spates said Mr. Davis, an adjacent property owner, has expressed concerns with the possibility of barking dogs. Mr. Bristol’s son spoke to Council – he said the property will be fenced and the majority of time the dogs are at the kennel they will be inside the climate controlled environment. He said it is their intent to run a top of the line service for the community. Mr. Spates spoke of the community’s need for such a business and suggested he discuss his plans for the facility with Mr. Davis. PROPOSED AMENDMENTS TO RESIDENTIAL DISTRICT R-4 ZONING DISTRICT On motion by Mr. Whitus, seconded by Mr. Hunter and with all Council members voting “aye”, Council continued a request by Mr. Trey Steigman, with Management Service (Sunchase) on proposed amendments to the zoning ordinance for residential district R-4. Mr. Steigman has proposed amendments to the residential district R-4 zoning ordinance that will accommodate fee simple townhouse developments. This matter was referred to the Farmville Planning Commission at Council’s regular meeting in October. The Planning Commission recommends Council grant exceptions on a case-by-case request and not amend the ordinance. VOLUNTARY BOUNDARY ADJUSTMENT REQUESTS – WOODLAND, INC AND BLALOCK REAL ESTATE SERVICES Mr. Spates said this matter had been taken care of at the November 8, 2007 work session and no action was required. At the November 8 work session, Council directed the Town Manager to contact Mr. Wade Bartlett, Prince Edward County Board of Supervisors and express Town Council’s interest in granting the voluntary boundary adjustment requests on behalf of Woodland, Inc. and Blalock Real Estate Services and authorization for Town Attorney, Donald C. Blessing to draw up the necessary documents. COMMITTEE UPDATES On motion by Mr. Overton, seconded by Mr. Whitus and with all Council members voting “aye”, Council continued the following items that had been referred to committees: Street Committee – paving streets, installing two traffic lights Sunchase Boulevard and Third Street and Cedar Avenue and Third Street and to discuss ways to enhance and increase pedestrian traffic along with ways of communicating with downtown merchants Finance and Ordinance Committee – contract for Town Manager CONDITIONAL USE PERMIT REQUEST – 1205 FIFTH AVENUE, MR. MICHAEL WOOD Mr. Spates informed Council that the conditional use permit request by Mr. Michael Wood, property owner of 1205 Fifth Avenue has been withdrawn. Mr. Wood had requested a conditional use permit to operate a construction business from his residence. The property is zoned residential district R1A and home occupations require a conditional use permit. Mr. Spates said he and members of the Farmville Planning Commission discussed the definitions of home occupations in a R1A district and felt a construction company does not meet the intent of the ordinance definition. PROPERTY INSPECTOR’S AND BUILDING OFFICIAL’S SEPTEMBER 2007 REPORT Members received copies of the Property Inspector’s and Building Official’s September 2007 monthly report. RESOLUTION FOR VDOT PROJECT PROGRAMMING On motion by Mr. Whitus, seconded by Mr. Hunter and with a recorded vote with Council members Whitus, Hunter, Thompson, Overton, Reid and Gordon voting “aye”, Council adopted the following resolution of support for urban highway projects in the Town of Farmville: TOWN OF FARMVILLE VDOT PROJECT PROGRAMMING RESOLUTION WHEREAS, in accordance with Virginia Department of Transportation construction allocations procedures, it is necessary that a request by Council Resolution be made in order that the Department program urban highway projects in the Town of Farmville; NOW THEREFORE BE IT RESOLVED, that the Council of the Town of Farmville, Virginia, requests the Virginia Department of Transportation to establish an urban system highway project for: · Bicycle and pedestrian bridge across Buffalo Creek to connect Dogwood Trail to Wilck’s Lake Trail. · Multi-Purpose Trail connection from Wilck’s Lake Trail under the Buffalo Creek Bridge to High Bridge Trail. · Make safety enhancements at intersections: Main Street and Belmont Circle/Peery Drive, Main Street and Putney Street/Redford Street, Third Street and North Street, and Third Street and Oak Street as identified in the Town’s Transportation Plan. · Make safety enhancements at the intersection of Main Street and Milnwood Road as identified in the Town’s Transportation Plan. BE IT FURTHER RESOLVED, that the Farmville Town Manager is authorized to execute local administration Agreements and to purchase right-of-way if necessary, for these projects. BE IT FURTHER RESOLVED, that the Farmville Town Council hereby agrees to pay its share of the total cost for preliminary engineering, right-of-way and construction of this project in accordance with Section 33.1-44 of the Code of Virginia, and that, if the Town of Farmville subsequently elects to cancel this project, the Town of Farmville hereby agrees to reimburse the Virginia Department of transportation for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. Adopted this 14 day of November, 2007, Farmville, Virginia, by the Town Council of the Town of Farmville. APPROVED: ATTEST: ________________________ ________________________ S. C. Newman, Jr., Mayor Lisa M. Hricko, Clerk Mr. Spates said the Virginia Department of Transportation requires localities hold a public hearing and adopt a resolution establishing the localities urban system highway projects. ADVERTISE FOR PUBLIC HEARING ON SELLING TOWN PROPERTY-305 FIRST AVENUE On motion by Mr. Whitus, seconded by Mr. Overton and with a recorded vote with Council members Whitus, Hunter, Thompson, Overton, Reid and Gordon voting “aye”, Council authorized advertisement for a Public Hearing to declare the Town property located at 305 First Avenue as surplus and to notify the community of Council’s intent to sell the property. AUTHORIZE ADVERTISEMENT TO AMEND TOWN CODE TO PROTECT RESIDENTIAL ZONES FROM SORORITY AND FRATERNITY HOUSING On motion by Mr. Thompson, seconded by Mr. Hunter and with all Council members voting “aye”, Council authorized advertisement for a Public Hearing on amending the Town Code to prohibit fraternity and/or sorority housing in any residential zone in the Town of Farmville. Mr. Spates said the University has reported national sororities and fraternities have expressed an interest in purchasing property located in residential neighborhoods to establish sorority and fraternity housing. Mr. Spates said fraternity and sorority housing are not allowed by use but recommended Council amend the zoning ordinances. ACCEPT LETTER OF RESIGNATION FROM AT-LARGE REPRESENTATIVE MR. HARLAN L. HORTON On motion by Mr. Whitus, seconded by Mr. Hunter and with a recorded vote with Council members Whitus, Hunter, Thompson, Overton, Reid and Gordon voting “aye”, Council accepted At- Large representative, Mr. Harlan L. Horton, letter of resignation, effective Tuesday, November 13, 2007. Mr. Horton’s letter of resignation sited recent health issues involving members of his family. Council member Whitus expressed his gratitude to Mr. Horton for his service and all he has done for the Town of Farmville. RESCHEDULING OF DECEMBER COUNCIL MEETING On motion by Mr. Whitus, seconded by Mr. Hunter and with all Council members voting “aye”, Council agreed to reschedule the December Council meeting to 7:00 pm on Tuesday, December 11, 2007. Mayor Newman requested the change due to a scheduling conflict. EMPLOYEE FIVE PERCENT SALARY INCREASES On motion by Dr. Gordon, seconded by Mr. Hunter and with a recorded vote with Council members Whitus, Hunter, Thompson, Overton, and Gordon voting “aye”, and Council member Reid abstaining stating “conflict of interest” Council approved a five percent salary increase for all employees, except the Town Manager, effective immediately. Council member Reid said he supported the five percent salary increase but abstained because his wife is a town employee. The increase is in lieu of this year’s employee Christmas bonus. This matter came before Council at the November 8th work session and was referred to the Finance and Ordinance Committee. The Committee recommended Council grant the five percent increase. Council members expressed their support of town employees and said what an exceptional job they do. PROPOSED SUBDIVISION ON LAYNE STREET On motion by Mr. Hunter, seconded by Mr. Overton and with all Council members voting “aye”, Council expressed their support of a proposed 200-unit residential subdivision project. The proposed subdivision is to be located off Layne Street, south of the water tank and east of Davis Pontiac. The property is zoned residential district R3 and the proposed subdivision meets the Town’s subdivision requirements. Mr. Spates presented members with a preliminary drawing of a proposed subdivision to be located on Layne Street. He said the developer is interested in Council recommendation prior to proceeding with the project. Mr. Spates said the Planning Commission has discussed this project and recommends Council support the development. He said there is already water and sewer at the site. PROPERTY ADJACENT TO MUNICIPAL LOT On motion by Mr. Whitus, seconded by Mr. Hunter and with all Council members voting “aye”, Council directed the Town Manager to contact the property owners (Meriwood Acres and Mr. Danny Andrews) of the lots on North Virginia Street located next to the municipal lot to ascertain their interest in selling the property to the Town of Farmville. MILNWOOD ROAD TRAFFIC AND ACCIDENT REPORT Mr. Spates presented members with the most recent traffic and accident report on Milnwood Road. The report indicated the majority of vehicles traveling that road obeyed the speed limit and there was not much truck traffic. He said that by having a westbound lane, off the 460 Bypass might help decrease traffic. Mr. Spates presented members with the most recent traffic and accident report on Milnwood Road. The report indicated the majority of vehicles traveling that road obeyed the speed limit and there was not much truck traffic. He said that by having a westbound lane, off the 460 Bypass might help decrease traffic. TOWN MANAGER REPORTED ON THE FOLLOWING: · Shared with Council members an e-mail he received from Heartland Properties, Inc. regarding the water rate increase and the negative effect it has on their laundry service on Third Street. Mrs. Runion said even with adjusting the rates, their bill increased over $600.00 in one billing period. She asked if there was anything that could be done to help offset the increase. Council members said the increase is needed to offset costs of operating the plant and felt unable to offer one business preferential treatment. · Reminded members of Joint Town/County meeting scheduled for Thursday, November 15, 2007 CLOSED MEETING MOTION On motion by Dr. Gordon, seconded by Mr. Hunter and with all Council members voting “aye”, Council went into a Closed Session pursuant to Section 2.2-3711.A.1 of the Code of Virginia, for discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment to Council, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of the Town of Farmville, more specifically the vacant seat of Harlan Horton, At-large representative and Section 2.2-3711.A.7 of the Code of Virginia for consultation with legal counsel and briefings by staff members, consultants or attorneys, pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by counsel or staff in relationship to the water moratorium. CERTIFICATION OF CLOSED MEETING WHEREAS, the Farmville Town Council has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Farmville Town Council that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Farmville Town Council hereby certified that, to the best of each member’s knowledge, only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Farmville Town Council. VOTE: 6 “AYES”, 0 “NOES” MOTION: Dr. Gordon SECOND: Mr. Reid AYES: Whitus, Hunter, Thompson, Overton, Reid and Gordon NOES: ABSENT DURING MEETING: none ____________________________ Clerk APPOINTMENT OF AT-LARGE REPRESENTATIVE TO TOWN COUNCIL On motion by Mr. Overton, seconded by Mr. Whitus and with a recorded vote with Council members Whitus, Thompson, Overton and Gordon voting “aye”, and Council members Hunter and Reid voting “no”, Council appointed C.H. “Mike” Lafoon to the vacant seat of At-Large representative on the Farmville Town Council. Mr. Lafoon will be serving the remaining term of Mr. Harlan Horton. Mr. Horton resigned Tuesday, November 13, 2007 citing family health issues. Council members Reid and Hunter informed Council and the public that their no vote was not a reflection of Mr. Lafoon but on the process of being used to fill the seat. Mayor Newman addressed those in attendance – he explained that according the Town Charter and Town Code, Council is required to fill the unexpired term by the “next regular meeting” or a court judge will appoint someone to the seat. Mr. Horton resigned yesterday, giving Council one day to fill the position. He said that by delaying tonight, Council might loose the ability to make the appointment. He went on to say members discussed the definition of a reconvened meeting verses a regular meeting and sought advice from Delegate Watkins Abbitt, Town Attorney, Donald Blessing and attempted to reach legal Council at the Virginia Municipal League with those avenues exhausted Council moved forward in selecting a candidate to fill the position. He said Mr. Spates was asked by Council to contact Mr. Lafoon to see if he would be willing to fill the unexpired term and Mr. Lafoon said he would. There being no other business the meeting was recessed at 9:15 pm until Thursday, November 15, 2007 at 12:00 noon. APPROVED: ATTEST: ________________________ _______________________ Mayor S.C. Newman, Jr. Lisa M. Hricko, Clerk |
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Town of Farmville, 116 North Main Street, Farmville, VA 23901 Telephone: 434.392.5686 |
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