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February 13, 2008

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REGULAR MEETING OF THE FARMVILLE TOWN COUNCIL

HELD ON FEBRUARY 13, 2008

At the regular meeting of the Farmville Town Council held on February 13, 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, D.L. Hunter, 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, Town Planner, Cindy Morris and Property Inspector, Kim Thompson.

Reverend Price opened the meeting with a prayer.

Mayor Newman requested Town Council address the old business on the agenda prior to moving forward with approval of the minutes and asked Town Manager, Gerald Spates to present the items.

Mr. Spates welcomed Longwood University students and the Boy Scouts attending the meeting.

REZONING REQUEST BY MRS. SHERRY HONEYCUTT ON BEHALF OF SANDBOX PROPERTY, LLC

On motion by Dr. Gordon, seconded by Mr. Hunter and with a recorded vote with Council members Whitus, Hunter, Thompson, Lafoon, Overton, Reid and Gordon voting, “aye”, Council agreed to follow the recommendations of the Farmville Planning Commission and deny Mrs. Honeycutt’s request to rezone her property located at 1206 Milnwood Road from residential R-1 to business district B-4.

Mr. Spates said Farmville Town Council and the Farmville Planning Commission held a joint public hearing on the rezoning request this evening at 5:30. Citizens from the Milnwood Road area appeared before Council in opposition to the rezoning. The community expressed concerns with the property being rezoned from residential to commercial and the additional traffic that this rezoning would generate on Milnwood Road. Dr. Gordon expressed concerns with rezoning a piece of property with no specific use prior to the rezoning. He suggests more information needs to be submitted prior to moving forward with the request. Mr. Hunter commented on the property owners not being consulted by Mrs. Honeycutt.

REZONING REQUEST BY MR. WILLIAM PARK ON BEHALF OF PINNACLE CONSTRUCTION AND DEVELOPMENT CORPORATION

On motion by Dr. Gordon, seconded by Mr. Overton and with all Council members voting “aye” Council agreed to follow the recommendations of the Farmville Planning Commission and postpone any action on this request.

Mr. Spates said the request was to rezone properties owned by Mr. Joseph and Lucie Zehner and Grace Waring Putney Trust from residential R-1 to business B-4 for the purpose of a mixed-use development, which will include commercial/retail and rental residential. He described the Zehner property as being 1.972 acres and the Putney property as .785 acres. Mr. Park addressed Council, he said Pinnacle Construction and Development Corporation has listened to the concerns expressed by the Crestview residents at the Public Hearing held on February 5, 2008 and redeveloped the site plan, taking into consideration a larger buffer area between the residents and the proposed project. Mr. Park said much thought and research has gone into this proposal. He added that he had met with Council on several occasions to discuss this development and completed a market study, site plan, master plan and along with the design of buildings. In closing, he asked Council to consider what is best for the community and quality of living for all residents. Guests from the audience questioned Mr. Park comments regarding the buffer, saying if he plans to use the area, as a delivery thoroughfare then that would not be creating a 35-foot buffer for the residents.

Mr. Spates addressed the group. He spoke on comments that were made earlier regarding spot zoning and said the two parcels being considered for rezoning this evening were inadvertently omitted from the February 5, 2008 rezoning request. He said in placing the advertisement the Town thought the Meriwood Acres Limited Partnership included both the Zehner and Putney Trust properties. It was not until later that the oversight was discovered. Mr. Spates suggested Town Council consider rezoning the portion of Meriwood Areas property that runs even with the rear property line of Wal-mart to business district B-4, which is approximately 25 acres, facing Peery Drive. Mr. Spates suggested that the entire 15 foot alleyway running by the Zehner property and Crestview revert, back to the residents and that the alleyways on Cooper Street and Thomas Circle also revert to the Crestview property owners, thus giving the residents a 15-foot alley, plus the 25-foot buffer. He also said that the Town’s business district B-4 zone is the most restrictive commercial zone because a conditional use permit is required for all businesses. He said he is not asking Council to take any action on this issue tonight, stating that the residents need time to review the proposal. Dr. Gordon added his thoughts saying that Farmville has to grow, but the residential district R-1 zoning ordinance is in place to protect communities. The residents should not have to live in fear and added that more information is needed prior to making any decision on this development.

REQUEST FOR A CONDITIONAL USE PERMIT – MR. CHRIS DOWDY

On motion by Dr. Gordon, seconded by Mr. Hunter and with a recorded vote with Council members Whitus, Hunter, Thompson, Lafoon, Overton, Reid and Gordon voting “aye”, Council denied a request for a conditional use permit on behalf of Chris Dowdy to operate a full service car wash at the property located between South Main Street and Graham Road.

Mr. Dowdy presented a power point presentation lighting the proposed project. He described it as a full service car wash facility. Cars will be placed on a conveyor belt and enter a tunnel system, where the vehicle will be cleaned. The building will be a brick structure with a glass frontage facing South Main Street. Customers will be able to observe the vehicle traveling through the tunnel. He said he anticipates being able to service 150 vehicles per hour and hopes to employee 7 or 8 full time employees and a part-time staff of 25 to 30 people. Mr. Dowdy addressed the traffic concerns mentioned by Council from a previous meeting. He said vehicles traveling down South Main Street would enter the facility from the south side of the property, those traveling south would make a left on Graham Road to the north side of the property and turn left to enter. He said ten to twelve vehicles could be in line without causing a backup. Lengthy conversations regarding safety issues relating to egress, ingress and traffic on Main Street ensued. Council members expressed support of the proposed project but recommended Mr. Dowdy consider a more suitable location.

On motion by Dr. Gordon, seconded by Mr. Hunter and with all Council members voting “aye”, Council approved the minutes of the regular January 9, 2008 Council meeting, as previously presented to each Council member.

On motion by Mr. Reid, seconded by Dr. Gordon and with all Council members voting “aye”, Council approved the minutes of the continued Council meeting held on January 11, 2008, as previously presented to each Council member.

On motion by Mr. Reid, seconded by Mr. Hunter and with all Council members voting “aye”, Council approved the minutes of the continued Council meeting held on January 15, 2008, as previously presented to each Council member.

On motion by Mr. Reid, seconded by Mr. Hunter and with all Council members voting “aye”, Council approved the minutes of the continued Council meeting held on February 1, 2008, as previously presented to each Council member.

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

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

(BILLS PRINTED IN MINUTE BOOK)

APPOINTMENT TO THE BOARD OF ZONING APPEALS

On motion by Mr. Whitus, seconded by Mrs. Thompson and with a recorded vote with Council members Whitus, Hunter, Thompson, Lafoon, Overton, Reid and Gordon voting “aye”, Council agreed to follow the recommendations of the Farmville Planning Commission and request that the Circuit Court of Prince Edward County appoint Mrs. Pam Butler to the Board of Zoning Appeals. Mrs. Butler will be serving the unexpired term of J.A. Baker, Jr., which expires on March 31, 2009.

Mr. Spates reported that Mr. Baker resigned from the Board of Zoning Appeals due to health reasons. The Town Code requires that a member of the Farmville Planning Commission serve on the Board of Zoning Appeals. He said the Planning Commission met in January and recommended Council appoint Mrs. Butler.

REQUEST FOR ARCHITECTURAL QUALIFICATIONS FOR A RECREATION BUILDING

Mr. Spates informed Council that the Town received no response to the ad that was placed requesting qualifications from architectural firms interested in designing a new recreational building. Members suggested the Town re-advertise.

COMMITTEE UPDATES

Mr. Spates provided members with copies of the minutes of the Joint Town and County Sandy River Committee meeting held on January 17, 2008 and the Finance and Ordinance Committee meeting held on January 23, 2008.

PROPERTY INSPECTOR’S REPORT

Council members received copies of the January 2008 Property Inspector’s Report for their information. Members requested an additional column be added to the report showing the number of violations, as a means of comparison.

BUILDING OFFICIAL’S REPORT

Council members received copies of the January 2008 Building Official’s Report for their information.

RESOLUTION – VIRGINIA DEPARTMENT OF TRANSPORTATION, ADDITIONAL STREETS ELIGIBLE FOR STREET MAINTENANCE FUNDS

On motion by Dr. Gordon, seconded by Mr. Overton and with a recorded vote with Council members Whitus, Hunter, Thompson, Lafoon, Overton, Reid and Gordon voting “aye”, Council adopted a resolution requesting the Virginia Department of Transportation accept the following streets into the maintenance funding:

Cabell’s Court:                    from Fourth Avenue Extended to the dead end

Cooper Street:                    from Crestview Drive to Thomas Circle

Crestview Drive:                 from old dead end to dead end

Depot Street:                      from South Street to Main Street

Fourth Avenue Extended:   from dead end to Cabell’s Court

Jay’s Road:                         from Crestview Drive to Thomas Circle

Jesse’s Ridge:                    from Gilliam Drive to the dead end

Lee Drive:                           from old dead end to dead end

Pine Ridge Lane:                from Woodland Trail to dead end

Russell’s Way:                   from Lee Drive to dead end

Thomas Circle:                  from old dead end to dead end

Woodland Trail:                  from dead end to dead end

Wynne Drive:                     from South Main Street to Race Street

APPOINTMENT TO THE FARMVILLE INDUSTRIAL DEVELOPMENT AUTHORITY

On motion Mrs. Thompson, seconded by Mr. Whitus and with all Council members voting “aye” Council referred the matter of appointing a person fill the expired term of Mr. Richard Lash on the Farmville Industrial Development Authority to the Finance and Ordinance Committee for their recommendations.

A motion to reappoint Mr. Lash was made, seconded and withdrawn prior to Council requesting the Finance and Ordinance Committee for their recommendations. Mr. Spates explained that the Code of Virginia § 15.2-2308 does not permit a member of the Board of Zoning Appeals to hold any other public office in the locality except that one member of the Board of Zoning may also be a member of the local planning commission. Mr. Lash is a member of the Board of Zoning Appeals thus making it against the Code for him to serve on the Farmville Industrial Development Authority.

REQUEST USE OF RIVERSIDE INDUSTRIAL PARK – WFLO

On motion by Mr. Lafoon, seconded by Mr. Hunter and with all Council members voting “aye”, Council granted a request on behalf of WFLO radio station to use Riverside Industrial Park on Saturday, March 15, 2008 from 8:00 am – 12:00 pm for their annual Easter Egg Hunt.

REQUEST UTILITY TAX REFUND – MR. ROBERT L. DAVIS

On motion by Mr. Whitus, seconded by Mr. Overton and with a recorded vote with Council members Whitus, Hunter, Thompson, Lafoon, Overton, Reid and Gordon voting “aye”, Council approved a 2007-year end utility tax refund of $413.57 to Mr. Robert L. Davis.

REQUEST UTILITY TAX REFUND – GREEN FRONT FURNITURE

On motion by Dr. Gordon, seconded by Mr. Overton and with a recorded vote with Council members Whitus, Hunter, Thompson, Lafoon, Overton, Reid and Gordon voting “aye”, Council approved a 2006 and 2007 year end utility tax refund of $2,853.61 to Green Front Furniture.

Mr. Spates informed Council the Green Front Furniture’s utility tax refund was for year ending in both 2006 and 2007.

REQUEST UTILITY TAX REFUND – BUFFALO SHOOK

On motion by Dr. Gordon, seconded by Mr. Reid and with a recorded vote with Council members Whitus, Hunter, Thompson, Lafoon, Overton, Reid and Gordon voting “aye”, Council approved a 2007-year end utility tax refund of $720.00 to Buffalo Shook.

REQUEST UTILITY TAX REFUND – FUQUA SCHOOL

On motion by Mr. Overton, seconded by Dr. Gordon and with a recorded vote with Council members Whitus, Hunter, Thompson, Lafoon, Overton, Reid and Gordon voting, “aye”, Council approved a 2007 utility tax refund of $6006.00 to Fuqua School.

REQUEST BY MS. DEIRDE BATES TO HOLD PUBLIC COMPETITION AT THE SKATE PARK

On motion by Mrs. Thompson, seconded by Mr. Reid and with all Council members voting “aye”, Council granted a request by Ms. Deirdre Bates on behalf COURAGE Skate Shop to host a skateboard competition at the “new” Skate Park on Saturday, March 1, 2008 from 10:00 am – 2:00 pm.

Mr. Spates reminded Council members of the Skate Park dedication planned for Saturday, March 1, 2008 at 9:00 am.

REQUEST ON BEHALF OF MULLIGAN’S SPORTS GRILLE TO HOST THE COLGATE COUNTRY SHOWDOWN

On motion by Mr. Whitus, seconded by Dr. Gordon and with all Council members voting “aye”, Council granted a request by Mr. Matt Hurley on behalf of Mulligan’s Sports Grille and WVHL radio station to host the Colgate Country Showdown. The event is scheduled to be held on Friday, July 11, 2008 from 7:00 pm – 10:00 pm on the front lawn of the Hotel Weyanoke.

Mr. Spates said Mulligan’s Sports Grille has hosted this event in the past with much success.

REQUEST AUTHORIZATION TO SELL SURPLUS TOWN EQUIPMENT AT AUCTION

On motion by Mr. Lafoon, seconded by Mrs. Thompson and with a recorded vote with Council members Whitus, Hunter, Thompson, Lafoon, Overton, Reid and Gordon voting “aye”, Council granted a request by Town Manager, Gerald Spates to sell the following Town surplus equipment at the next auction conducted by Carwile Auctions:

·   1999 Ford Bus town equipment number 811

·   John Deere Backhoe town equipment number 484

·   1996 Ford Crown Vic town equipment number 745

·   International Tractor/Sweeper town equipment number 407

PETITION TO ESTABLISH CONCURRENT POLICE JURISDICTION WITH LONGWOOD UNIVERSITY IN THE TOWN OF FARMVILLE

On motion by Mr. Hunter, seconded by Mr. Whitus and with all Council members voting “aye”, Council referred the request for concurrent police jurisdiction with Longwood University in the Town of Farmville to Farmville Town Council’s Police, Fire and Safety Committee for their recommendation to Town Council.

REQUEST TO PURCHASE EQUIPMENT FROM HENRICO

On motion by Mr. Reid, seconded by Mr. Hunter and with a recorded vote with Council members Whitus, Hunter, Thompson, Lafoon, Overton, Reid and Gordon voting “aye”, Council granted a request by Town Manager, Gerald Spates to purchase the following equipment from the Henrico County for a total cost of $30,500:

·   2002 Chevy ¾ ton 4x4 with snowplow  $8,800.00

·   1999 Sterling S/A Dump  $10,000.00

·   2001 Dodge 1500 Pick up V8  $4,500.00

·   1997 Ford Crew Cab  $7,200.00

THE TOWN MANAGER REPORTED ON THE FOLLOWING

· Members received a copy of the Commonwealth Regional Council’s agenda and minutes from the last meeting – information only

· Members received a copy of a letter from Prince Edward County Administrator, Mr. W.W. Bartlett concerning water and wastewater issues. The Town will be contacting the County to schedule a meeting between the joint water and sewer committees.

· Members were supplied a copy of the Code of Virginia regarding elections and special election requirements

· Mr. Spates asked members if they would be available to meet to view a presentation from students of the Fuqua Envirothan

· Mr. Spates reported that he is in the process of drafting a letter to community leaders asking them to participate in a form regarding gangs. Dr. Gordon and Mr. Hunter also spoke on this matter and the unfortunate incident that recently occurred.

TOWN COUNCIL REPORTED ON THE FOLLOWING

· Dr. Gordon spoke on the Town’s no burn ordinance saying he has received a request from a town citizen requesting the Town amend the ordinance to permit burning of brush within town limits. Mayor Newman supported leaving the ordinance as it was written.

· Mr. Reid questioned the Farmville Police Department policy regarding officers living out of town limits and driving a police vehicle home. Chief Dunnavant said the Farmville Police Department has an unwritten policy, which permits officers living 30 minutes outside of town. He said it is the same policy that the Town of Blackstone Police Department follows. Dr. Gordon also spoke on this matter expressing concerns with the additional fuel costs and maintenance issues relating to the distant the police vehicles are traveling.

There being no other business, the meeting was recessed at 8:37 pm.

APPROVED:                                                  ATTEST:

_____________________________              _____________________________

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

 

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

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