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Town of Farmville, Virginia |
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Home >> Town Government >> Town Council >> Meeting Minutes March 11, 2008 |
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REGULAR MEETING OF THE FARMVILLE TOWN COUNCIL HELD ON MARCH 12, 2008 At the regular meeting of the Farmville Town Council held on March 12, 2008 at 7:00 pm in the Council Chamber, located on the second floor of the Town Hall, 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, Police Lieutenant Williams, 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. Council member Gordon read a statement that he prepared which dealt with issues involving the request to rezone property on Peery Drive from Residential District R-1 to Business District B-4 and recent “Letters to the Editor” that were printed in The Farmville Herald. Dr. Gordon said he understands the emotional turmoil the residents of Crestview feel and the affects that rezoning has on residential neighborhoods. He spoke of discussions that Council members had at a recent work session and Council’s intention that this rezoning request is discussed openly, with public knowledge. He went on to say the Town Manager sent letters to all the residents of Crestview informing them that the request for rezoning will be discussed this evening. Dr. Gordon said he treats all comments individuals make with equal importance - the phone call he receives at home, an e-mail or those persons that speak at Council meetings, all are given the same consideration. He said Council’s decisions are based on what is best for the entire community. In closing, he spoke of the attitudes of some of the residents of Crestview and how those attitudes can hamper the lines of communication. The meeting opened for public comments and Mayor Newman reminded speakers of the three (3) minute time limit. The following residents appeared before Council and spoke against the proposed rezoning of approximately twenty-five (25) acres of the Meriwood Acres property, facing Peery Drive from Residential District R-1 to Business District B-4. · Garland Perkins, 111 Crestview Drive · Susan Perkins, 111 Crestview Drive · Jack Houghton, 105 William Street · Gaile McBride, 206 Crestview Drive Speakers asked that Farmville Town Council follow the Town’s Comprehensive Plan and the Town’s Zoning Ordinances. They spoke of additional commercial traffic on a residential street and a community meeting they had with the Town Manager and Council member Gordon. They said their conversations from that meeting were being misrepresented to Town Council at a recent work session. They spoke against the rezoning and demanded that Town Council do their due diligence and deny the rezoning request. During Mr. Houghton’s allotted three (3) minutes, he asked to go on record saying he “officially protested the unlimited lecturing of town officials of the citizens and the curtailment of public comment on legitimate issues coming before this Board.” Discussions continued. Mr. Spates addressed the group. He said he and Council member Gordon met with residents of Crestview, at their request, on a Sunday evening at 6:00 pm. At that meeting, many different suggestions on the proposed rezoning were discussed, including buffer zones. He added that neither, Mr. Houghton nor Dr. Budd’s recent Letters to the Editor mentioned any of those conversations. Mr. Spates said he and Farmville Town Council have tried to work with the Crestview Association over the years to address their concerns from issues involving Peery Drive to supporting them in matters before the Prince Edward County Board of Supervisors. Council member Hunter interjected asking Mr. Spates to reiterate the Virginia Department of Transportation’s recommendations for Peery Drive and what liability issues the Town might face if they did not follow those recommendations. Mr. Spates said the Virginia Department of Transportation has recommended that sidewalk, curb and gutters be added to Peery Drive. He said there could be liability issues if the Town did not follow those recommendations; he went on to say that, the Town would be adding the recommended sidewalk, curb and gutters. Mr. Spates asked Mayor Newman's permission to read a letter he had received from Mr. Darryl Seay, Officer in Charge of the Farmville Post Office. The letter asked Mr. Spates and the Farmville Town Council to inform the Crestview Resident Association that it is against the Domestic Mail Manual to place mailable items in the resident mail receptacles. The letter went on to say, “The next instance of items being placed into mail boxes without proper postage being paid will result in a postage charge based on the estimated number of mail receptacles affected.” Mr. Wyatt Overton retired Commissioner of Revenue for Prince Edward County addressed Council. Mr. Overton presented a copy of a letter he had received as Commissioner of Revenue dated June 29, 2006. The letter was from Mr. H. Keith Mawyer, Property Tax Manager, with the Virginia Department of Taxation. In the letter, Mr. Mawyer shared his administrative opinion concerning property owned by the Longwood Real Estate Foundation and their eligibility for an exemption from real estate and tangible personal property tax pursuant to Section 58.1-3651 of the Code of Virginia. Mr. Mawyer writes of no exemption by classification or designation that would grant an exemption to the Foundation unless provided by the Town Council of Farmville and the Board of Supervisors of Prince Edward County. Mr. Overton referred an opinion dated February 19, 1985 supplied by County Attorney, Mr. Jim Ennis that granted the Endowment Association of the College of William and Mary an exemption from property taxation. Mr. Overton said based on that opinion, Prince Edward County’s Commissioner of Revenue, Beverly Booth granted the Foundation (Mid-Town Square, Longwood Village and Stanley Park) an exemption, which means loss of revenue to the County and Town. Mayor Newman informed Mr. Overton that his time had expired and said that Council will review the information supplied. On motion by Mr. Whitus, seconded by Mrs. Thompson and with all Council members voting “aye”, Council approved the minutes of the continued Council meeting held on February 5, 2008, 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 work session held on February 6, 2008, as previously presented to each Council member. On motion by Mr. Whitus, seconded by Mrs. Thompson and with all Council members all Council members voting “aye”, Council approved the minutes of the regular Council meeting held on February 13, 2008, as previously presented to each Council member. On motion by Mr. Whitus, 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 Treasurer’s Report. On motion by Mr. Reid, seconded by Mr. Whitus and with a recorded vote with Council members Whitus, Hunter, Thompson, Lafoon, Overton, Reid and Gordon voting “aye”, Council approved payment of the following bills: (BILLS PRINTED IN MINUTE BOOK) REZONING REQUEST –MERIWOOD ACRES - PUTNEY PROPERTY On motion by Mrs. Thompson, seconded by Mr. Reid and with a recorded vote with Council members Whitus, Hunter, Thompson, Overton and Reid voting “aye”, and Council members Lafoon and Gordon voting “no”, Council approved a request to rezone approximately twenty-five (25) aces of the Meriwood Acres property that faces Peery Drive and runs even with the rear property line of the Wal-Mart property from Residential District R-1 to Business District B-4. Council member Whitus commended Mr. Spates for being able to reach a compromise. Prior to voting, Town Planner, Cindy Morris presented a power point presentation, which highlighted the Richmond/Chesterfield County area and the buffers they use to separate residential and commercial areas. The presentation showed areas that utilized cypress trees, fencing and landscaping, with a paved pathway, which is used for recreational use. Some other buffers included decorative block walls, prefabricated concrete walls with trees and landscaped berms (mounds of dirt). Mr. Spates spoke of one of the proposals discussed at the Sunday evening meeting held with residents of the Crestview area. He spoke of the alley that runs across the back of Crestview Drive along the Meriwood Aces property saying, the Putney’s have agreed to the abandonment of the alleyway with the entire portion reverting to the property owners on Crestview Drive. Mr. Spates also recommends that cross streets Thomas Circle and Cooper Street be closed, with the property reverting to the property owners. In addition, if Council does move forward with rezoning the property, he suggests the Town’s Business District B-4 zoning ordinance be amended to remove the residential aspect from the B-4 zone. Mr. Spates said with adequate buffers, along with the closing of the alleyway and cross streets hopefully that would protect the residents of Crestview. Members from the audience asked when the developers would be required to construct the buffer zones and who would be responsible for the maintenance? Mr. Spates said the buffer zones would be required prior to issuing a Certificate of Occupancy and the maintenance would be the responsibility of the developer. Questions turned to the Simpson and Young property located on Peery Drive and facing the proposed Business District B-4 zone. Guests requested that natural landscaping be created to provide the Simpsons’ and Young’s’ adequate protection. Council member Whitus spoke saying those issues and concerns could be addressed at the Conditional Use Permit stage. Mr. Spates affirmed Mr. Whitus’ statement and added his support of including members of Crestview community in the landscaping plans. PROPOSED AMENDMENT TO BUSINESS DISTRICT B-4 ZONE On motion by Mr. Whitus, seconded by Mr. Reid and with a recorded vote with Council members Whitus, Hunter, Thompson, Lafoon, Overton, Reid and Gordon voting “aye”, Council approved advertising for a Public Hearing on amending the Town’s Business District B-4 zoning ordinance to remove the residential aspect from the B-4 zone. PROPERTY INSPECTOR’S AND BUILDING OFFICIAL’S REPORT Members received copies of the February 2008 Property Inspector’s Report and the Building Official’s Report for their information. Director of Public Works, Robin Atkins informed Town Council that this year’s Spring Clean-Up will be held on Saturday, April 19, 2008 and there will be a joint Town/County Electronic Clean-Up also held in April. REQUEST TO AMENDED POLICE POLICY REGARDING OFFICERS DRIVING POLICE VEHICLES HOME On motion by Mr. Hunter, seconded by Mrs. Thompson and with a recorded vote with Council members Whitus, Hunter, Thompson, Overton, Reid and Gordon voting “aye”, Council approved the recommendation of the Police, Fire and Safety Committee and amended the Town of Farmville Police Policy regarding officers driving Town police vehicles home. The amended policy reads: Officers and Supervisors must reside within a thirty-mile radius of the town limits in order to drive their assigned vehicle home. Council member Whitus asked if all Town police officers resided within a thirty-mile radius of Town limits. According to information supplied by Chief Dunnavant, Mr. Spates reported that they did. REQUEST AUTHORIZATION TO SIGN CONCURRENT POLICE JURISDICTION WITH LONGWOOD UNIVERSITY IN THE TOWN OF FARMVILLE On motion by Mr. Hunter, seconded by Mrs. Thompson and with a recorded vote with Council members Whitus, Hunter, Thompson, Lafoon, Overton, Reid and Gordon voting “aye”, Council accepted the recommendation of the Police, Fire and Safety Committee and granted a request by Longwood University to establish concurrent police jurisdiction in the Town of Farmville, with the understanding that Longwood University Police Officers will not run stationary radar on Town streets. Mr. Spates informed Council members that he had met Longwood University Police Chief Bob Beech and Chief Beech expressed his agreement. LETTER OF APPRECIATION On motion by Mr. Hunter, seconded by Mr. Reid and with all Council members voting “aye”, Council instructed the Town Manager to write a letter of appreciation and thanks to Prince Edward County Sheriff Travis Harris for his recent swearing in of Town of Farmville Sergeant Andy Ellington. 2007-2008 BUDGET ALLOCATION REQUEST – COMMONWEALTH REGIONAL COUNCIL This issue was continued. Mr. Danny Fore, President and CEO of the Commonwealth Regional Council submitted a request on behalf of the CRC for funding of $24,200 for FY 2009. This request includes $8,500 for the Town of Farmville to participate in the Council’s Legislative Priorities Program. Mr. Spates recommended this request be addressed when Town Council discusses the 2008-2009 Town Budget. TRANSPORTATION REVENUE FORECAST – INFORMATION ONLY Mr. Spates shared information received from the Department of Transportation regarding the revised forecast of reductions in transportation revenue funds. He said the Town of Farmville’s urban allocation funds for 2009 would be cut by $159,000. LONGWOOD REAL ESTATE FOUNDATION TAX EXEMPT INFORMATION Mr. Spates presented members with information received from Prince Edward County in reference to the County’s Commissioner of Revenue granting tax-exempt status to the Longwood Real Estate Foundation. On motion by Mr. Reid, seconded by Mr. Whitus and with Council members Whitus, Thompson, Lafoon, Overton, Reid and Gordon voting “aye”, and Council member Hunter passing, stating he was not present at the meeting, Council approved the minutes of the reconvened Council meeting held on February 28, 2008, as previously presented to each Council member. On motion by Mr. Whitus, seconded by Mr. Hunter and with all Council members voting “aye”, Council approved the minutes of the regular work session held on March 5, 2008, as previously presented to each Council member. MULLIGAN’S SPORTS GRILLE REQUEST TO HOST COLGATE COUNTRY SHOWDOWN On motion by Mr. Whitus, seconded by Mr. Hunter and with all Council members voting “aye”, Council granted a request by Mr. Matt Hurley, Manager of Mulligan’s to reschedule the Colgate Country Showdown to Friday, July 18, 2008. This event was approved at the February 2008 Council meeting. Mr. Hurley requested the date be changed from Friday, July 11, 2008 due to scheduling conflicts. TOWN MANAGER REPORTED ON THE FOLLOWING: · At a recent auction, the Town received $3,800 for a backhoe, $4,000 for a bus, which had no transmission and $600 for a police vehicle. TOWN COUNCIL REPORTED ON THE FOLLOWING: · Dr. Gordon asked to clarify a misunderstanding in reference to his earlier read statement, he said he was not lecturing, he was stating his opinion. CLOSED MEETING MOTION On motion by Dr. Gordon, seconded by Mr. Reid and with all Council members voting “aye”, Council went into closed meeting pursuant to 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. 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, Lafoon, Overton, Reid and Gordon NOES: -0- ABSENT DURING VOTE: -0- ABSENT DURING MEETING: -0- _____________________________ Clerk There being no other business, the meeting was declared adjourned at 8:36 pm. 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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