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June 11, 2008

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REGULAR MONTHLY MEETING OF THE FARMVILLE TOWN COUNCIL

HELD ON JUNE 11, 2008

At the regular monthly meeting of the Farmville Town Council held on June 11, 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.

On motion by Mr. Reid, seconded by Mr. Overton and with all Council members voting “aye”, Council approved the minutes of the regular May 14, 2008 Council meeting, as previously presented to each Council member.

On motion by Mrs. Thompson, seconded by Mr. Hunter and with all Council members voting “aye”, Council approved the minutes of the reconvened May 22, 2008 Council meeting, 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, Pairet, Overton, Reid and Gordon voting “aye”, Council approved the Treasurer’s Report.

On motion by Mr. Reid, seconded by Dr. Gordon 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)

ADMINISTRATIVE MONTHLY REPORTS

Members received copies of the April 2008 Building Official, Property Inspector and Fire Marshal reports for their information.

Mr. Reid requested Property Inspector, Kim Thompson contact Longwood University as to the status of the properties located in Ward C.

COMMITTEE UPDATES

On motion by Dr. Gordon, seconded by Mr. Hunter and with all Council members voting “aye”, Council agreed to continue items previously referred to the Towing Committee and Property Committee.

Mr. Spates informed Council that he was still receiving sample-towing ordinances from localities and would be forwarding them to the Towing Committee for their recommendations to Town Council. He also said that the Property Committee would be meeting to take action on the request on behalf of John Sutherland for the use of the right of way on Cedar Lane.

PROPOSED 2008-2009 TOWN BUDGET

On motion by Mr. Reid, seconded by Dr. Gordon and with all Council members voting “aye”, Council agreed to reconvene the June Council meeting on Thursday, June 19, 2008 prior to the Gang Awareness Community Leaders meeting in order to take action on proposed 2008-2009 Town Budget.

Mr. Spates referred members to the Virginia Code §15.2-2506, which states: “The hearing shall be held at least seven days prior to the approval of the budget as prescribed in § 15.2-2503. He informed members that Council could take no action on the proposed budget until seven days (7) from the public hearing.

REQUEST TO AMEND TOWN’S ZONING ORDINANCES

On motion by Mr. Whitus, seconded by Mrs. Thompson and with a recorded vote with Council members Whitus, Hunter, Thompson, Pairet, Overton, Reid and Gordon voting “aye”, Council agreed with the recommendations of the Farmville Planning Commission and approved amending the following Town of Farmville Zoning Ordinances:

Chapter 29

ZONING

ARTICLE I. GENERAL

Addition:

Sec. 29-1. Definitions

Condominium means a multiple dwelling or development where individual property owners typically own the dwelling unit in which they live, but the land the structure is situated on is owned by some other individual.

Townhouse means a multiple dwelling or development where individual property owners own the dwelling unit in which they live and the land it is situated on.

Rescind Sec.29-6. and amend to:

Sec. 29-6. Amendments

(5) Any rezoning or zoning amendment request by a private organization or individual shall be accompanied by a certified check for five-hundred dollars ($500) made payable to the town treasurer. Any request by a private organization or individual for a zoning certification/compliance letter shall be accompanied by a certified check for fifty dollars $50) made payable to the town treasurer.

ARTICLE II. PERMITS AND CERTIFICATIONS

Rescind:

Sec. 29-31. Conditional Use Permit

Adopt:

Sec. 29-31. Conditional Use Permit

Where required by this chapter the location of certain permitted uses shall require, in addition to the zoning permit and certificate of occupancy, a conditional use permit. These permits shall be subject to such conditions as the governing body deems necessary to carry out the intent of this chapter. These conditions may include, but not be limited to parking, screening, setbacks, area, hours of operation, illumination, noise level, pollution control and control of odors, control of traffic and public safety. Any conditional use permit request by a private organization or individual shall be accompanied by a certified check for five-hundred dollars ($500) made payable to the town treasurer.

ARTICLE III. DISTRICT REGULATIONS

DIVISION 4. RESIDENTIAL DISTRICT R-2

Rescind:

Sec. 29-122. Uses

(4) College and campus related facilities, which are publicly owned

Adopt:

(4) University related facilities, with a conditional use permit

DIVISION 5. RESIDENTIAL DISTRICT R-3

Rescind:

Sec. 29-147. Uses

(5) College and campus related facilities, which are publicly owned

Adopt:

(5) University related facilities, with a conditional use permit

DIVISION 6. RESIDENTIAL DISTRICT R-3A

Rescind:

Sec. 29-172. Uses

(5) College and campus related facilities, which are publicly owned

Adopt:

(5) University related facilities, with a conditional use permit

DIVISION 7. RESIDENTIAL DISTRICT R-4

Rescind:

Sec. 29-197. Uses

(6) College and campus related facilities

Adopt:

(6) University related facilities, with a conditional use permit

Adopt:

Sec. 29-197. Uses.

(17) Condominium and Townhouse developments. Over all density shall not exceed ten (10) dwelling units per acre. A Conditional Use Permit shall be required.

DIVISION 12. BUSINESS DISTRICT B-4

Rescind:

Sec. 29-337. Uses.

(1) All uses allowed in a residential district R-3

Amend:

Sec. 29-337. Uses.

(1)   Hotel/Motel

(2)   University related facilities, with a conditional use permit.

(3)   Elementary, intermediate and secondary schools, both public and private, with a conditional use permit.

(4)   Day schools and kindergartens with conditional use permit.

(5)   Churches, lodges, armories and other public and semipublic facilities, including hospitals, excepting veterinary hospitals and hospitals specializing in the care and treatment of mental illnesses, narcotic addicts or alcoholics, unwed mothers and those about to become mothers out of wedlock. A conditional use permit may be required for these uses.

(6)   Rest, convalescent or nursing homes but not penal or mental institutions.

(7)   Parks and playgrounds

(8)   Grocery stores

(9)   Drugstores

(10)   Department stores

(11)   Variety stores

(12)   Hardware stores

(13)   Home shops

(14)   Auto supply stores

(15)   Laundries, laundromats and dry cleaners

(16)   Barber and beauty shops

(17)   Professional offices

(18)   Branch banks

(19)   Shoe repair shops

(20)   Restaurants

(21)   Bakeries

(22)   Gift, record and tobacco shops

(23)   Bookstores

(24)   Magazine and newsstands

(25)   Household furnishings and appliance stores

(26)   Off-street parking as required by this chapter

(27)   Public utilities, including poles, lines, distribution transformers, pipes, meters and/or facilities necessary for the provision and maintenance of public utilities, including water and sewerage facilities. Electrical transmission lines and substations are excluded.

(28)   Business or identification signs

(29)   Business or identification signs not exceeding six (6) square feet in area per side and not more than two (2) sides, no part of which shall be nearer than five (5) feet to any town property line.

(30)   Church bulletin boards and church identification signs for church activities, only not exceeding twelve (12) square feet in area no part of which shall be nearer than five (5) feet to any town property line.

(31)   Temporary real estate signs not over six (6) square feet in area no part of which shall be nearer than five (5) feet to any property line and used only to advertise the premises upon which erected

(32)   Recreation facilities

(33)   Funeral homes with a minimum of twenty (20) parking spaces

(34)   Secondhand stores including flea market sales, provided such activity is conducted wholly within an enclosed building.

Mr. Spates reminded members that a joint Public Hearing was held on Wednesday, June 4 and the Town has received no opposition to the changes.

REQUEST FOR REZONING – LONGWOOD UNIVERSITY REAL ESTATE FOUNDATION

On motion by Mr. Whitus, seconded by Mr. Reid and with Council members Whitus, Hunter, Thompson, Pairet, Overton, Reid and Gordon voting “aye”, Council referred a rezoning request on behalf of the Longwood Real Estate Foundation to the Farmville Planning Commission. Mr. Ken Copeland, Director of Longwood University Real Estate Foundation has requested the properties located at 605 and 611 High Street and 606 Chambers Street are rezoned from R1A to R3A for the purpose of constructing an Alumni Office and Conference Center.

Mr. Spates suggested that Mr. Copeland present the Foundation’s proposal to the Farmville Planning Commission and that separate Public Hearings are scheduled with the Farmville Planning Commission and Town Council. It was also recommended that Mr. Copeland attend both Public Hearings.

HEART’Z D’ZIRE FLEA MARKET & MALL

Mr. Spates informed Council that the Town Office had received complaints regarding the booths being outdoors at the Heart’z D’Zire Flea Market & Mall located on Second Street. He said a letter was sent to Ms. Russell reminding her that her conditional use permit stipulates that no booths are to be placed outdoors. Mr. Spates shared Ms. Russell’s reply with Town Council – in her response she stated that she does not have any booths outside and also said she would be changing her hours of operation to include being open on Thursdays and Fridays.

Council members discussed Ms. Russell’s request and agreed that she would need to complete a conditional use permit application, pay the $250.00 fee and a public notice would have to be run in the Farmville Herald. It was recommended that Mr. Spates handle this matter administratively.

TEMPORARY SIGNS

Mr. Spates updated members on the Town’s effort in enforcing the temporary sign regulations. He said the Town Office had received numerous complaints from property owners regarding the temporary real estate signs being placed on the Town right of ways. Mr. Spates said Town Planner, Cindy Morris notified all the realtors listed with the South Central Realtors Association and those listed in the phonebook. The flyer stated the regulations for placing temporary real estate signs in each of the districts. Mrs. Morris stated that the mailing went out approximately four (4) weeks ago and she and Mr. Philbeck (Building Official) waited an additional two weeks prior to picking up any signs. Council members spoke of their support of enforcing the regulations and suggested that if violations continue civil penalties should be assessed.

RESOLUTION OF SUPPORT- YOUTH EMPOWERMENT CENTER, INC

On motion by Mr. Pairet, seconded by Mr. Hunter and with Council members Whitus, Hunter, Thompson, Pairet, Overton, Reid and Gordon voting “aye”, Council adopted the following resolution of support for the Summer Youth Enrichment Programs:

A Resolution

Supporting the Summer Youth Enrichment Programs

of the

Youth Empowerment Center, Inc.

Whereas, the Youth Empowerment Center, Incorporated is conducting two Summer Enrichment programs open to the youth of our community; and

Whereas, the programs will place an emphasis on Math, Reading, Personal Responsibility, and Personal Development; and

Whereas, the Farmville Town Council believes that such programs are beneficial to our community;

Now, therefore be it resolved on this the 11th day of June, 2008 that the Farmville Town Council hereby gives its support for the Summer Enrichment programs of the Youth Empowerment Center, Inc.

Adopted this 11th day of June, 2008 by the Town Council of the Town of Farmville.

APPROVED:                                                            ATTEST:

___________________                                           __________________

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

On motion by Mr. Reid, seconded by Dr. Gordon and with all Council members voting “aye”, Council approved the minutes of the regular work session held on June 4, 2008, as presented to each Council member.

REQUEST CLOSING A PORTION OF MAIN STREET FOR THE LIGHT OF RECONCILIATION CEREMONY

On motion by Mr. Reid, seconded by Mr. Hunter and with all Council members voting “aye”, Council approved a request on behalf of Prince Edward County to close the block of Main Street in front of the Courthouse on Monday, July 21, 2008 from 6:00 pm until 10:00 pm for the Light of Reconciliation ceremony. No parking bags will not be placed on the meters until after 5:00 pm in order to serve customers shopping downtown.

RENEW LINE OF CREDIT

On motion by Mr. Whitus, seconded by Mrs. Thompson and with a recorded vote with Council members Whitus, Hunter, Thompson, Pairet, Overton, Reid and Gordon voting “aye”, Council authorized the Town Treasurer to renew the $1,000,000 line of credit with SunTrust Bank with an interest rate of .67% of one month LIBOR plus .85%. There will also a onetime commit fee of $2,000 billed in July.

PARADE PERMIT REQUEST – KAPPA RHO OMEGA CHAPTER –ALPHA KAPPA ALPHA SORORITY, INC.

On motion by Mr. Reid, seconded by Mr. Whitus and with all Council members voting “aye”, Council approved a parade permit on behalf of the Alpha Kappa Alpha Sorority, Inc. to hold their ESP 1908 Global Centennial Walk (Emotional, Spiritual and Physical Health) on Saturday, June 28, 2008. The walk will start at 11:00 am at the Southgate Shopping Center parking lot and end at approximately 12:00 pm on Plank Road.

RESOLUTION TO ADDRESS VIRGINIA’S TRANSPORTATION FUNDING CRISIS

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

RESOLUTION TO ADDRESS

VIRGINIA’S TRANSPORTATION FUNDING CRISIS

WHEREAS, the package of transportation taxes and fees enacted by the 2007 Session of the General Assembly to address statewide maintenance and regional transportation needs failed because the Virginia Supreme Court invalidated the Northern Virginia regional fees because the 2008 General Assembly repealed the abusive driver fee program; and

WHEREAS, the Commonwealth Transportation Board is ready to approve a $1.1 billion reduction in the official six-year forecast, forcing a 44 percent cut in primary, urban roads and secondary roads construction; and

WHEREAS, the Virginia Municipal League has advocated for a transportation model that is adequate, sustainable and dedicated with non-general funds to support Virginia’s transportation network; and

WHEREAS, Governor Timothy M. Kaine has called the General Assembly into a special session on June 23 to address these funding matters;

NOW, THEREFORE, BE IT RESOLVED THAT, the Town of Farmville does hereby support efforts of the Governor and the General Assembly to act swiftly and decisively to approve legislation that will address the transportation funding crisis at the statewide, regional and local levels; and

BE IT FURTHER RESOLVED THAT, such legislation should recognize that it is the Commonwealth’s responsibility to impose the new taxes and fees; that the funding purposes must be restricted to ensuring safe roads, relieving traffic congestion, maintaining and increasing transit investments, promoting economic development throughout the state, and providing multi-modal options; and that providing consumer choices, including the use of tolls on new transportation facilities, is part of the solution to the transportation crisis.

Approved:   ________________________    Date: June 11, 2008

   Sydnor C. Newman, Jr. Mayor

Attest:   _______________________

   Lisa M. Hricko, Clerk of Council

TOWN COUNCIL MEMBERS REPORTED ON THE FOLLOWING ITEMS:

· Mr. Pairet spoke of his concerns with tractor trailers traveling on Milnwood Road and asked for an update on the status of the Milnwood Road project

· Mr. Pairet shared a conversation he had regarding Buffalo Shook storm line drainage issues and asked that Mr. Spates and Mr. Atkins evaluate this matter.

· Mr. Whitus encouraged town administration to implement gas saving measures

· Mr. Hunter requested the status on the traffic light turn signal on Milnwood coming off Third

THE TOWN MANAGER REPORTED ON THE FOLLOWING:

· Members were provided copies of the minutes of the Farmville Planning Commission meeting held on Tuesday, May 13, 2008 Farmville Planning Commission and their proposed meeting schedule.

· Members received copies of the minutes from the administrative meeting between the Town and County regarding water and sewer issues

· Mr. Spates updated members on the status of the landfill closing, Route 45 Bridge and other town projects

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.

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:    Gordon                 SECOND:    Hunter

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

NOES:    None

There being no other business the meeting was recessed until Thursday, June 19, 2008.

_____________________________              _____________________________

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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