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July 9, 2008

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REGULAR MONTHLY MEETING OF THE FARMVILLE TOWN COUNCIL

HELD ON JULY 9, 2008

At the regular monthly meeting of the Farmville Town Council held on July 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, D.L. Hunter, S.B. Thompson, T.B. Pairet, O.S. Overton, A.D. Reid and E.I. Gordon. Also in attendance were Town Manager, Gerald 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.

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.

REQUEST FROM MULLIGAN’S SPORTS GRILLE FOR STREET CLOSINGS

On motion by Mr. Hunter, seconded by Mrs. Thompson and with all Council members voting “aye”, Council granted a request by Mr. Matt Hurley, Manager of Mulligan’s Sports Grille to close off the section of High Street in front of the Weyanoke building on Friday, July 18, 2008 from approximately 6:30 pm – 9:30 pm for the Colgate Country Showdown.

Mr. Hurley appeared before Council. He spoke of the community event as being a family orientated talent show. Mulligan’s will be grilling hotdogs and hamburgers outside and no alcoholic beverages will be served at the event.

On motion by Mr. Whitus, seconded by Mr. Hunter and with all Council members voting “aye”, Council referred a request by Mr. Matt Hurley on behalf of Mulligan’s Sports Grille to the Street Committee, with power to act. Mr. Hurley has asked Town Council to close High Street from Venable Street continuing until the furthest side of the Weyanoke building for family focused community events planned on the following dates: July 30, 2008, August 29, 2008 and September 12, 2008.

Mr. Hurley said the events will not be in violation of the Town’s noise ordinance and are free to the community. Town Manager, Gerald Spates suggested the request be referred to the Street Committee with power to act. The first event is planned for July 30 and the Band of Oz is scheduled to perform. Mr. Spates recommended the Street Committee meet after July 30 to discuss any issues that might have occurred during the July 30 event before approving all the requested dates.

TEMPORARY SIGNS IN TOWN RIGHT OF WAY

On motion by Mr. Reid, seconded by Mr. Hunter and with all Council members voting “aye”, Council followed the recommendations of the Town Manager and referred the matter of temporary signage being placed in the Town’s right of ways to the Property Committee for further discussion.

Mr. Spates informed Council that the Town has received calls supporting their actions in removing temporary signage from the Town’s right of ways. He asked Mr. Kipper Lafoon, a realtor representing the Realtors Association if he would like to address Council on this matter. Mr. Lafoon asked that Council consider allowing a member of the Association to be involved in the discussions. He said they have researched this issue and that 80% of the communities use temporary signs. Mayor Newman asked that Mr. Lafoon take part in the discussions and that he also select another individual to participate. Mr. Lafoon said he would be happy to. Mr. Spates interjected saying the Virginia Department of Transportation does not permit temporary advertising on their right of ways and if the Town permits such, they could be in jeopardy of losing their State maintenance monies. Dr. Gordon suggested Mr. Lafoon contact other localities and ascertain how they handle similar situations.

On motion by Mr. Whitus, seconded by Mrs. Thompson and with all Council members voting “aye”, Council approved the minutes of the regular June 11, 2008 Council meeting, as previously presented to each Council member.

On motion by Mr. Whitus, seconded by Mrs. Thompson and with all Council members voting “aye”, Council approved the minutes of the reconvened June 19, 2008 Council meeting, as previously presented to each Council member.

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

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

(BILLS PRINTED IN MINUTE BOOK)

WASTEWATER TREATMENT PLANT – TOTAL NITROGEN REMOVAL UPDATE

Mr. Sandy Meador, Superintendent for the Farmville Wastewater Treatment Plant updated Town Council members on the Plant’s compliance with the 2011 Department of Environmental Quality Chesapeake Bay nitrogen discharge restrictions. He said the Town received a grant to help offset the costs of implementing the new Wave-Ox system. Mr. Meador said the Farmville Waste Water Treatment Plant is permitted to discharge 43,856 pounds of nitrogen into the Chesapeake Bay, per calendar year. The new system is removing 90.4% of the total nitrogen produced within the Town’s collection system. For a twelve-month period, the Plant took in 148,847 pounds of nitrogen and discharged 14,397 pounds, which represents only 32.8% of the Town’s allotment. Mr. Meador spoke of the success of the system and thanked Mrs. Cindy Morris and Mr. Bill Caldwell for their assistance with the grant and maintenance installation. Town Manager, Gerald Spates and Mayor Newman complimented the personnel from the Water and Waste Water Plants.

ADMINISTRATIVE REPORTS

Council members received copies of the June 2008 Property Inspector and Building Official’s Reports, for their information.

COMMITTEE UPDATES

On motion by Dr. Gordon, seconded by Mr. Hunter and with all Council members voting “aye”, Council authorized the Town Manager to have Town Attorney, Donald C. Blessing write a letter to all towing companies doing business within the Town of Farmville. The letter is to inform the companies of the State Code and the Town’s insistence that they comply with regulations and towing charges.

Towing Committee – Mr. Spates suggested instead of a towing ordinance being established that a letter be sent to all towing companies doing business within the Town limits reminding them of the State Code regulations regarding towing charges and the requirement that they accept at least one major credit card. Members discussed some of the complaints they received from the community regarding towing services and the ramifications to the towing companies if they did not comply with the Code. Council members requested a copy of the letter from Donald Blessing.

Property Committee – Mr. Spates asked that the request before the Property Committee be continued.

Mr. John Sutherland, property owner of a lot TM 023-A6-A-8 located off Germantown Road and High Street had requested the use of the right of way for ingress and egress to his property. This matter was referred to the Property Committee, with power to act at the April Council meeting.

REQUEST AUTHORIZATION TO USE LINE OF CREDIT

On motion by Dr. Gordon, seconded by Mr. Whitus and with a recorded vote with Council member Whitus, Hunter, Thompson, Pairet, Overton, Reid and Gordon voting “aye”, Council granted authorization to the Town Treasurer to use the line of credit with SunTrust bank as needed, with approval of the Town Manager and Mayor.

Mrs. Seal, Town Treasurer informed Council that at last month’s June Council meeting members approved renewing the one million dollar line of credit with SunTrust Bank but did not include authorizing the Town Treasurer to use the line of credit with approval of the Town Manager and Mayor part of the motion. Members granted her request but asked that she continue to record when the funds are used on the monthly Treasurer Report.

REQUEST FOR REZONING – LONGWOOD REAL ESTATE FOUNDATION

On motion by Dr. Gordon, seconded Mr. Whitus and with all Council members voting “aye”, Council referred a rezoning request on behalf of the Longwood Real Estate Foundation to the Farmville Planning Commission. The Foundation is requesting the property at 605 and 611 High Street and 606 Chambers Street be rezoned from R1A to R3A for the purpose constructing an Alumni Office and Conference Center.

Mr. Spates recommended this matter be referred back to the Farmville Planning Commission in order for them to take into account the public comments made at the joint Public Hearing. He said the Commission is scheduled to meet on the 15th of this month and will have their recommendation to Council prior to the August Council meeting. Dr. Gordon asked that it be noted that Council will most likely be taking action on this request at the August Council meeting.

REQUEST FOR VOLUNTARY BOUNDARY ADJUSTMENT – THE WOODLAND, INC AND BURLEIGH COMMONS, LLC AND MT. TRELLA PROPERTIES, LLC

On motion by Mrs. Thompson, seconded by Mr. Hunter and with a recorded vote with Council members Hunter, Thompson, Pairet, Overton, Reid and Gordon voting “aye”, and Council member Whitus “abstaining”, stating potential conflict of interest, due to his employer being The Woodland, Inc., Council adopted a resolution granting the Mayor and the Town Manager authorization to sign all necessary documents to complete the voluntary boundary adjustment.

Town Manager, Mr. Spates addressed Council. He said the joint Public Hearing between Farmville Town Council and the Prince Edward County Board of Supervisors was held last night and the community expressed no opposition to the request. He also said the Board of Supervisors took action at their Board meeting. The Board agreed to enter into a Boundary Line Adjustment Agreement with the Town of Farmville to jointly seek Circuit Court approval of the Boundary Adjustment and file all necessary documents with the Prince Edward County Circuit Court.

In September of 2007, the Town received two requests for voluntary boundary adjustments. Mr. Michael Blalock and Mr. Barry Blalock requested a voluntary boundary adjustment consideration on their property located off Scott Drive and referred to as “Baleigh Commons”. The property is described as a 67.2 acre planned residential development, consisting of approximately 100 home sites. Additionally, the Town received a boundary adjustment request from Mr. Greg Cole on behalf of The Woodland, Inc. (Holly Manor). The Woodland’s requested the 13.95-acre portion of their property owned by The Woodlands, Inc. and part is owned by Mt. Trella Properties, LLC and is located on the western end of Town and adjoins the existing Woodland Nursing Home be brought into Town limits.

REQUEST PARTIAL BUSINESS LICENSE REFUND – MARY LOU’S MONOGRAMMING, LLC.

On motion by Dr. Gordon, seconded by Mr. Overton and with a recorded vote with Council members Whitus, Hunter, Thompson, Pairet, Overton, Reid and Gordon voting “aye”, Council approved a partial business license refund of $262.57 to Mary Lou’s Monogramming, LLC.

Mr. Spates informed members that Mrs. Sandra Long has requested a partial business license refund of $262.57 for Mary Lou’s Monogramming, LLC; the business has been purchased by Scott and Kris Walker on May 30, 2008.

DOWNTOWN MERCHANTS

Mayor Newman appointed Mr. Pairet, Mr. Hunter and Mr. Whitus to a committee to meet with the business owners in the downtown area that have expressed concerns with some of the vacant properties.

Mr. Spates shared a letter he had received from Mr. Crawley, owner of Green Front Furniture and conversations he has had with Council member Thompson in regards to the vacant businesses and lack of foot traffic on Main Street. Mr. Spates proposed forming a committee to meet with the merchants and discuss their concerns.

On motion by Dr. Gordon, seconded by Mr. Hunter and with all Council members voting “aye”, Council approved the minutes of the July 2, 2008 work session, as previously presented to each Council member.

2008-2009 COMMITTEE APPOINTMENTS

On motion by Dr. Gordon, seconded by Mr. Whitus and with a recorded vote with Council members Whitus, Hunter, Thompson, Pairet, Overton, Reid and Gordon voting “aye”, Council approved the recommendation of Mr. Hunter and Dr. Gordon and cancelled the Towing Committee and the Sandy River Committee.

Town Council Committee Members:

Finance and Ordinance:     Mr. Reid, Mr. Overton, and Mr. Whitus

Water & Sewer:     Mr. Whitus, Mr. Overton and Dr. Gordon

Police, Fire and Safety:     Mr. Overton, Mr. Hunter and Mrs. Thompson

Town Property:     Mr. Pairet, Mrs. Thompson, and Mr. Reid

Streets:     Dr. Gordon, Mrs. Thompson and Mr. Pairet

Personnel:     Mr. Hunter, Mr. Pairet and Dr. Gordon

Commonwealth Regional Council:     Dr. Gordon and Mr. Hunter

Town Planning Commission:     Mr. Overton

Town – University:     Mr. Pairet and Mrs. Thompson

Recreation Committee:     Mrs. Thompson, Mr. Hunter and Mr. Reid

Sandy River Water Committee:     Mr. Whitus and Dr. Gordon

Enterprise Zone Committee:     Mr. Whitus and Mr. Pairet

Library Task Force:     Mrs. Thompson and Mr. Hunter

Ethics Committee:     Dr. Gordon, Mr. Reid and Mr. Hunter

Voluntary Boundary Adjustment:     Mr. Overton and Mr. Reid

Members suggested canceling the Towing Committee and the Sandy River Committee because both committees are no longer needed.

JOINT FARMVILLE/PRINCE EDWARD COUNTY TOURISM BOARD APPOINTMENTS

On amended motion by Mrs. Thompson, seconded by Mr. Hunter and with Council members Whitus, Hunter, Thompson, Pairet, Overton, Reid and Gordon voting “aye”, Council agreed with the recommendation of Town Planner, Cindy Morris and moved to appoint Ms. Virginia Berkley, Ms. Diane Caton, Ms. Katie Deaton and Mr. James McGall to the joint Farmville/Prince Edward County Tourism Board.

Ms. Morris informed members that the above named individuals responded to an advertisement placed in the Farmville Herald and expressed interest in serving on the joint Tourism Board. Ms. Morris asked that Council appoint them pending approval of the Prince Edward County Board of Supervisors. Dr. Gordon questioned why Council would appoint “pending” approval of the Board of Supervisors. Ms. Morris explained that it is a joint committee and both governing boards have to approve appointments. Dr. Gordon asked that Mrs. Thompson’s motion be amended deleting “pending approval of the Prince Edward County Board of Supervisors”.

SESQUICENTENNIAL COMMITTEE

On motion by Dr. Gordon, seconded by Mr. Whitus and with all Council members voting “aye”, Council agreed to designate the joint Tourism Board to function as the core Sesquicentennial Committee for the Town of Farmville and Prince Edward County.

Ms. Morris explained that this will be the 150 commemoration of the civil war and will be occurring over a four or five year period.

Mr. Spates provided Council with a list of grants that the Town has received for 2007 and those that are pending.

CLOSED MEETING MOTION

On motion by Dr. Gordon seconded by Mr. Hunter and with all Council members voting “aye”, Council went into 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.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.

On motion by Dr. Gordon, seconded by Mr. Hunter and with all Council members voting “aye”, Council returned to the regular order of business.

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:     7 “AYES”

MOTION:     Dr. Gordon                  SECOND:     Mr. Hunter

AYES:     Whitus, Hunter, Thompson, Pairet, Overton, Reid and Gordon

NOES:     -0-

ABSENT DURING VOTE:     none

APPOINTMENT OF PRESIDENT OF COUNCIL / VICE MAYOR

On motion by Mr. Overton, seconded by Mr. Hunter and with a recorded vote with Council members Whitus, Hunter, Thompson, Pairet, Overton, Reid and Gordon voting “aye”, Council appointed Council member A.D. Reid as Vice Mayor / President of Council for 2008-2009 term.

Mayor Newman congratulated Mr. Reid and Council member Reid thanked members for their support. Mrs. Thompson expressed Council’s gratitude to Mr. Overton for the fine job he has done for many years.

APPOINTMENT OF TOWN TREASURER

On motion by Mr. Whitus, seconded by Mr. Hunter and with a recorded vote with Council members Whitus, Hunter, Thompson, Pairet, Overton, Reid and Gordon voting “aye”, Council reappointed Mrs. Carol Anne Seal as Town Treasurer.

APPOINTMENT OF CHIEF OF POLICE

On motion by Mr. Hunter, seconded by Mr. Reid and with Council members Whitus, Hunter, Thompson, Pairet, Overton, Reid and Gordon voting “aye”, Council reappointed Mr. Stuart Dunnavant as Chief of Police.

APPOINTMENT OF TOWN ATTORNEY

On motion by Mrs. Thompson, seconded by Mr. Whitus and with Council members Whitus, Hunter, Thompson, Pairet, Overton, Reid and Gordon voting “aye”, Council reappointed Mr. Donald C. Blessing as Town Attorney.

APPOINTMENT OF TOWN MANAGER

On motion by Mr. Reid, seconded by Mr. Hunter and with Council members Whitus, Hunter, Thompson, Pairet, Overton, Reid and Gordon voting “aye”, Council reappointed Mr. Gerald J. Spates as Town Manager.

APPOINTMENT OF TOWN FIRE MARSHAL

Town Council expressed their support in Mr. Spates’ announcement that he was reappointing Mr. Timothy McKay as Fire Marshal.

THE TOWN MANAGER REPORTED ON THE FOLLOWING:

·   Members received copies of the 2007-2008 annual Police Report – it was noted that there had been a substantial increase in loud violations.

·   Members were made aware of the new State Code, which grants the Zoning Administrator additional powers to investigate complaints received regarding the number of individuals living in a residence. Members discussed this issue.

·   The employment ad for the position of Recreation Director will be in the Farmville Herald. The pool program is a success; current enrollment is at 811 with 39% of the registered applicants living within the town limits.

COUNCIL MEMBERS REPORTED ON THE FOLLOWING:

·   Council member Pairet requested an update on the landfill closing – verbal report was provided by the Town Manager and Director of Public Works

·   Council member Hunter requested the status of constructing sidewalks on one side of Longwood Ave.

·   Council members Thompson, Gordon and Hunter spoke of the importance of the Town establishing recreational activities for the community.

·   Council member Whitus asked for clarification on the copy of the letter members received from Mr. William Thompson, District Engineer with the Department of Health. The letter offers the Department of Health’s comments concerning the proposal to use the Sandy River Reservoir as a raw water supply. It identifies areas of concern and offers treatment options. Members discussed this issue.

·   Council member Reid mentioned the number of individuals he has seen at the Skatepark without a helmet. Chief Dunnavant said officers would be patrolling the park.

·   Mr. Spates provided a power point presentation highlighting ongoing town projects.

There being no other business the meeting was adjourned at 8:43 pm.

APPROVED:                                                   ATTEST:

_____________________________              _____________________________

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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