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April 9, 2008

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REGULAR MONTHLY MEETING OF THE FARMVILLE TOWN COUNCIL

HELD ON APRIL 9, 2008

At the regular meeting of the Farmville Town Council held on April 9, 2008 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, S.B. Thompson, C.H. Lafoon, O.S. Overton, A.D. Reid and E.I. Gordon. Also in attendance were Town Manager, Gerald J. Spates, Chief of Police, Stuart Dunnavant, Town Treasurer, Carol Anne Seal, Director of Public Works, Robin Atkins and Town Planner, Cindy Morris.

Council member Whitus 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. No one present elected to address Council.

On motion by Mr. Reid, seconded by Mr. Overton and with all Council members voting “aye”, Council approved the minutes of the regular March 12, 2008 Council meeting, as previously presented to each member.

On motion by Mr. Reid, seconded by Mrs. Thompson and with all Council members voting “aye”, Council approved the minutes of the special called March 20, 2008 Council meeting, as previously presented to each member.

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

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

(BILLS PRINTED IN MINUTE BOOK)

BUILDING OFFICIAL AND PROPERTY INSPECTOR REPORTS

Members received copies of the March 2008 Building Official and Property Inspector Reports.

COMMITTEE REPORT UPDATE

Mr. Spates updated Council members on the Property Committee meeting held on March 27, 2008.

He said the Committee agreed with his recommendation of converting the building at Wilck’s Lake Island into a recreational facility for the Town programs. Mr. Spates spoke of the recent purchase of the Mottley Lake property and of Council’s decision to build a recreational facility at Wilck’s Lake. He said it would be more economical to convert the present structure into a recreational building.

TOWN RECREATIONAL FACILITY

On motion by Mr. Whitus, seconded by Mrs. Thompson and with a recorded vote with Council members Whitus, Thompson, Lafoon, Overton, Reid and Gordon voting “aye”, Council authorized the Town Manager to precede with converting the building at Wilck’s Lake Island into a recreational facility for Town programs.

Mr. Spates also shared with members the Property Committee’s approval to lease the 40x60 trailer located at the Water Treatment Plant to the Immigration Center of America. ICA plans to use the trailer as office space while their project is under construction. Mr. Spates said ICA would be paying the electrical and telephone bill. Once construction is complete, he suggests the trailer be moved out to the Wilck’s Lake Island and used for additional space for recreational programs. Council members expressed their support. Mr. Spates said the ICA facility plans on being on line by September 1, 2008 and will employ approximately 350 people and house 1,000 detainees.

Also discussed by the Property Committee was paving of town streets for 2007-2008. Mr. Spates spoke on the condition of Watkins Street and the concerns mentioned by Mrs. Thompson at the Committee meeting. He said Watkins Street was at one time an alley and that the town only has a 20’ foot right of way but would look into the matter and see what could be done to improve the roadway.

RESOLUTION ROADSIDE BEAUTIFICATION PROJECT VIRGINIA DEPARTMENT OF TRANSPORTATION

On motion by Mrs. Thompson, seconded by Mr. Whitus and with a recorded vote with Council members Whitus, Thompson, Lafoon, Overton, Reid and Gordon voting “aye”, Council approved adopting the following resolution in support of the roadside beautification project.

RESOLUTION

WHEREAS, the Town of Farmville, in accordance with the Virginia Department of Transportation’s Comprehensive Roadside Management Plan (Senate Bill 260), requests the Commonwealth Transportation Board to establish a project for the roadside beautification of the Town of Farmville, and

WHEREAS, the Virginia Department of Transportation (VDOT) requires a formal resolution from the local governing body, adopted subsequent to a public hearing during which the proposed landscaping activities are made available for review, and

WHEREAS, the Town of Farmville will follow the General Rules and Regulations of the Commonwealth Transportation Board (Sections 24VAC 30-20-20,24 VAC 30-20-80), and the Land Use Permit Manual (24 VAC30-150 et seq.), and

WHEREAS, the Town of Farmville has applied for and been approved of a Land Use Permit from VDOT, and

WHEREAS, The Town of Farmville assumes full responsibility for maintenance of the presented program for highway beautification, and

BE IT FURTHER RESOLVED, that the Town of Farmville hereby agrees to have available to VDOT the Corridor Master Plan at all times, will assume responsibility for maintenance of described project, and will comply by all rules and regulations detailed in VDOT’s Comprehensive Roadside Management Program.

Adopted this 9th day of April, 2008, Farmville, Virginia by the Town Council of the Town of Farmville, Virginia.

APPROVED:                                                   ATTEST:

_____________________________              _____________________________

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

Council members spoke in support of the project and presentation shown at this evening’s Public Hearing presented by Mr. Proctor Harvey with Harvey Design and Landscape.

REQUEST AUTHORIZATION TO PURCHASE EQUIPMENT

On motion by Mr. Whitus, seconded by Mr. Overton and with a recorded vote with Council members Whitus, Thompson, Lafoon, Overton, Reid and Gordon voting “aye”, Council authorized the purchase of a 1997 Ford Utility truck for $6,800 from Henrico County.

Mr. Spates said the vehicle is in excellence condition and will be used by the Public Works Department.

REQUEST AUTHORIZATION TO SELL SURPLUS EQUIPMENT

On motion by Mrs. Thompson, seconded by Mr. Overton and with a recorded vote with Council members Whitus, Thompson, Lafoon, Overton, Reid and Gordon voting “aye”, Council granted a request by the Town Manager to sell the following surplus equipment at an auction being held on Saturday, April 12, 2008 in Amelia:

Equipment #        Vehicle Description                                 VIN #

516                 1987 John Deere Mower

110                 1994 GMC ½ ton Pick Up Truck                 1GTDC14H7R2558158

103                 1993 Dodge ½ ton Pick Up Truck               1B7HE16Y8PS215261

162                 1993 Ford F700 Single Axle Dump Truck   1FDXK74CXPVA11733

TOWN OF FARMVILLE AND PRINCE EDWARD COUNTY JOINT LIBRARY PROJECT

Council members requested an update on the joint Town/County Library project. Mr. Spates reported that the Town and County are both waiting for the final cost estimates from Mr. Ed Lazaron with Design Collaborative. Once those figures are received, a joint meeting will be scheduled to discuss financing the project. Dr. Gordon asked if the County had addressed the question of ownership of the building. Discussions of previous conversations between the Town and County regarding the library project took place with Mr. Spates saying the County and Town do not have a formal Agreement in place and the question of ownership and maintenance of the building is still an issue. Dr. Gordon suggested that the Town and County need to work on establishing an Agreement now and not wait for the final cost estimates.

On motion by Mr. Reid, seconded by Mr. Overton and with all Council members voting “aye”, Council approved the minutes of the regular April 2, 2008 work session minutes, as presented to each member.

APPOINTMENT TO THE FARMVILLE PLANNING COMMISSION

On motion by Mr. Lafoon, seconded by Dr. Gordon and with a recorded vote with Council members Whitus, Thompson, Lafoon, Overton, Reid and Gordon voting “aye”, Council appointed Town Manager, Gerald J. Spates as an active member to the Farmville Planning Commission.

Section 15.2-2212 of the Code of Virginia permits a member of the administrative branch of the government of the locality to serve as a voting member on the Planning Commission. The term of office shall be coextensive with the term of office to his/her appointment. Mr. Spates informed Town Council that Town Planner/Deputy Zoning Administrator Cindy Morris would be taking an active role in presenting the agenda at Farmville Planning Commission and Board of Zoning Appeals meetings.

PRINCE EDWARD FARM SERVICE CONTRACT ON THE MOTTLEY PROPERTY

On motion by Mr. Lafoon, seconded by Mr. Overton and with a recorded vote with Council members Whitus, Thompson, Lafoon, Overton, Reid and Gordon voting “aye”, Council authorized the Town Manager to cancel the conservation program contract between the Town of Farmville and the Prince Edward Farm Service on the Mottley Lake property and also authorized payment of any necessary costs associated with canceling the contract.

Mr. Spates said the contract, which dealt with corps and erosion control was to have paid the Town approximately $2,300 a year for not cutting the grass during certain periods. Mr. Spates said the grass cutting restrictions would pose a scheduling problem for the public work department and asked for Council’s support in terminating the contract. He said there would be a one-time penalty of approximately $1,306.00.

AMENDING POLICE POLICY REGARDING DRIVING ASSIGNED VEHICLES HOME

On motion by Mr. Whitus, seconded by Mr. Overton and with a recorded vote with Council members Whitus, Thompson, Lafoon, Overton, Reid and Gordon voting “aye”, Council approved amending the police policy regarding driving vehicles home to read:

Officers and Supervisors must reside within a thirty-five mile radius of the town limits in order to drive their assigned vehicle home.

REQUEST USE OF RIGHT OF WAY – CEDAR LANE

On motion by Mr. Whitus, seconded Mr. Lafoon and with all Council members voting “aye”, Council referred a request on behalf of Mr. John Sutherland for use of right of way on Cedar Lane to the Property Committee with power to act.

Mr. Spates informed Council that Mr. Sutherland has requested use of the Cedar Lane right of way for purpose of ingress and egress to his property.

APPOINTMENTS TO THE FARMVILLE INDUSTRIAL DEVELOPMENT AUTHORITY

On motion by Mr. Overton, seconded by Mr. Whitus and with a recorded vote with Council members Whitus, Thompson, Lafoon, Overton, Reid and Gordon voting “aye”, Council recommended the Circuit Court of Prince Edward County appoint Mr. William Overstreet to the Farmville Industrial Development Authority.

On motion by Mr. Whitus, seconded by Mr. Overton and with a recorded vote with Council members Whitus, Thompson, Lafoon, Overton, Reid and Gordon voting “aye”, Council recommended the Circuit Court of Prince Edward County to appoint Mr. Jamie Davis to the Farmville Industrial Development Authority.

Council members agreed to follow the recommendations of the Finance and Ordinance Committee and appoint Mr. Overstreet to the remaining portion of Mr. Harris’s term, which runs through February 28, 2009 and appoint Mr. Davis to the seat vacated by Mr. Lash. Mr. Lash has elected not to serve another term on the Farmville Industrial Authority because of his position on the Farmville Board of Zoning Appeals. The Code of Virginia Section 15.2-2308 does not permit members serving on the Board of Zoning Appeals to serve on any other Board, Commission or Authority.

CLOSED MEETING MOTION

On motion by Dr. Gordon, seconded by Mr. Whitus and with all Council members voting “aye”, Council went in to 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, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of the Town of Farmville and

Section 2.2-3711.A.3 of the Code of Virginia, for the discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property 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 legal matters regarding the Memorandum of Understanding between the County of Prince Edward and the Town of Farmville and other specific legal matters requiring the provision of legal advice by counsel.

Prior to convening in Closed Session, Council member Whitus spoke saying with the Special Election being held on May 6 and Mr. Lafoon electing not to run for the At-Large seat, this will be his last Council meeting. Council members expressed their gratitude to Mr. Lafoon for agreeing to serve the Town of Farmville and appreciated the opportunity to be able to work with him again.

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”

MOTION:    Gordon               SECOND:    Reid

AYES:    Whitus, Thompson, Lafoon, Overton, Reid and Gordon

NOES:    None

ABSENT DURING VOTE:    Hunter

ABSENT DURING MEETING:    Hunter

                                                               _____________________________

                                                               Clerk

AUTHORIZATION TO SELL TWO VACANT TRAILERS LOCATED AT MOTTLEY LAKE PROPERTY

On motion by Mr. Whitus, seconded by Mrs. Thompson and with a recorded vote with Council members Whitus, Thompson, Lafoon, Overton, Reid and Gordon voting “aye”, Council authorized the Town Manager to sell a 1973 Styl Trailer and a 1987 Conner Trailer by sealed bids.

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

Telephone: 434.392.5686

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