Minutes of a Regular Meeting of the Council of the Town of Blackstone, Virginia, held in the
Council Chambers located at 100 W. Elm Street, Blackstone, Virginia on Monday, September
21, 2015 at 7:00 p.m.
There Were Present:
Mayor: William D. Coleburn
Council Members: Wade Hamner, Lee Scott, Ben Green, Barbara Thompson,
Alfred Tucker, Eric Nash, Sam Moncure
Town Staff:
Philip Vannoorbeeck, Town Manager; Jennifer Daniel,
Clerk; Gweneth Procise, Treasurer; Jennifer Beck, Director
of Transportation and Community Development; Dion
Tomer, Fire Chief; Nicholas Kuzmiak, Police Chief
Town Attorney: Tessie Bacon
Those Absent:
Chris Snead
Mayor Coleburn called the September Council Meeting to order.
Councilman Nash delivered the Invocation.
Mayor Coleburn led the Pledge of Allegiance.
VISITORS
Mr. Lewis Johnson
Mr. Johnson thanked Chief, Manager Vannoorbeeck and Spring Hill Baptist Church for helping
the community.
Mr. Johnson said he was here tonight because he has heard that (3) members on Council are
against the community center. He said Councilman Tucker is on the borderline so we need to
persuade him to vote back on the side of the community center.
Mr. Johnson said to judge and turn down the community, we know the Town cannot afford two
community centers, but to use him as a scapegoat is totally wrong. He said he was informed
about his demeanor and the way he got on Manager Vannoorbeeck at the last meeting and was
told it would be used against him and if it happened again it definitely would not get approved.
He said if you don’t want me to approach you like that then tell the truth. He added if you are
misleading the community of course he is going to say something.
Councilman Tucker told Mr. Johnson he was getting misinformation.
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Mayor Coleburn added he has not heard any opposition about the vision of Manager
Vannoorbeeck’s outline of the school property.
Councilman Nash said the Parks and Recreation Committee are working to move forward.
Mr. Johnson said it was said in a meeting that there are (3) against the community center. He
said if you don’t want the community center just say so but let the School Board know that it is
because of his outburst.
Councilman Nash said the School Board knows the Town’s intentions; he has met with Dr.
Grounard and the Director of Transportation and Facilities.
Mr. Johnson said it is fine that the School Board knows the intentions but it has been said , the
Town Manager told him there are (3) members of Council against it.
Mayor Coleburn said by law members of Council can talk one on one before or after a meeting.
He said speaking for himself; he doesn’t care about the demeanor or tone of someone if the idea
is good. He added we ran for this office and have the right to be scorned and have been fairly
often. He told Mr. Johnson he appreciated his observations.
Mr. Johnson said these are not observations theses are facts. Mayor Coleburn replied he was
talking about his observations around Town.
Mr. Johnson said when he comes up here he is fighting for everybody, not just black and white
but everybody.
Councilman Tucker told Mr. Johnson that he was being misled. He said we met with the
engineer and Mr. O’York and toured all the buildings. He added nobody said we were going to
shoot anything down; we are looking at the feasibility of what can be done.
Mr. Johnson said he got his information from the Town Manager.
Councilman Nash said Council voted 7-0 to receive RFPs for architectural services.
Councilman Tucker said he would like to see the Library in the brick building. He added they
looked at the two story building and it is not big enough for a basketball court.
Councilman Nash said Manager Vannoorbeeck told him there are some private investors
coming to look at the buildings as well.
Mr. Johnson said he understood about the building not being big enough for a basketball court
he did not care about that but somebody is lying because the Town Manager told him in front of
the Mayor and a council member. Mayor Coleburn replied he thought that was more
generalization not issue specific, he said it was a nice discussion.
Mr. Johnson said he doesn’t speak anything that hasn’t been spoken.
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Councilman Tucker said he did not think Mr. Johnson should come in here and call someone a
liar; you should go directly to the individual. Mr. Johnson replied he just said the Town
Manager told him, when he says something believe him it has been said.
Mrs. Ann Hoover
Mrs. Hoover thanked Council for not adding more tax to the electric bill, you have given her
hope. She said it was a year ago petitions started for the Armory and some have said they are
interested to see what can be done. She encouraged Council to not just be a spectator but be a
participant. She said one way is to drop money in the jars that are around Town, some have a
picture of the Armory on them and some have patriotic colors. She said when she went to
school patriotism was very high and the school sold $.10 and $.25 stamps that were pasted in a
stamp book and once a book was filled up then you got a bond. She said the Armory is a
community project and hoped Council would join them in the satisfaction of working together
for a common cause.
Mr. Waymond Mitchell
Mr. Mitchell said he is seeing something in Town that is touching him in a spiritual way, which
would be the Chief and the cookouts for the Wards. He said it seems to be working pretty good
but was sorry to not see more people participating. He said the next one will be tomorrow on
Tavern Street at 5:00 p.m.
Mayor Coleburn said he had two items he wanted add to the Agenda after the payment of bills.
He would like an update on the Carriage Museum and discuss the Blackstone Police
Department vacancy.
MINUTES
Councilman Tucker made a motion to dispense with reading and approve as presented the
Minutes from a Special Called Meeting on August 12, 2015 and the Regular Council Meeting
on August 24, 2015. The motion was seconded by Councilman Nash.
VOTE:
Councilman Tucker
Councilman Nash
Councilman Moncure
Councilman Hamner
Councilman Scott
Councilman Green
Councilwoman Thompson
-
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Aye
Aye
Aye
Aye
Aye
Aye
Aye
FIRE CHIEF’S REPORT
Chief Tomer said they had the Annual Convention at Hooper Park on Saturday, regretfully they
did not get any trophies for the competition, but the ladder truck, brush truck and Engine 4 won
second place in their division for apparatus.
Mayor Coleburn asked who won first place. Chief Tomer replied South Hill.
Chief Tomer said the Boot Drive was a great success this year even with the rain and thanked
Council for their continued support.
Councilman Green said it was very nice to include what was received in donations and was glad
it was successful.
Chief Tomer said the Red Cross and the Fire Department would be installing the free smoke
detectors on September 26, 2015.
Chief Tomer said the Fire Department Open House would be on October 4, 2015.
Mayor Coleburn asked about the times. Chief Tomer said he was not sure he has to be there at
11:00 a.m.
Councilman Green asked Chief Tomer to provide the times to the clerk for her to let Council
know.
Mayor Coleburn asked Council if they would discuss the Fire and Water while Chief Tomer
was here.
Fire & Water Committee – Fire Department Billing Services
Mayor Coleburn said the first recommendation was to allow the Fire Department to engage in a
billing agreement with Fire Recovery USA for services.
Mayor Coleburn asked what Fire Recovery USA would receive. Chief Tomer replied they get
20%.
Councilman Green made a motion that the Council work with the Fire Department to engage
in a billing agreement with Fire Recovery USA to bill for services and other related instances
subject to the Town Attorney’s approval then hold a Public Hearing. The motion was
seconded by Councilman Scott.
Councilman Nash said for the public, they are already paying for these services inside their
insurance. Chief Tomer replied correct.
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Councilman Green said the Committee discussed this would not be applicable until after
deductibles were already met. He added if someone doesn’t have insurance it will be free will.
Chief Tomer said with false alarms, after two or three they would get a warning letter from the
company after that has been exceeded there will be a bill.
Councilman Nash asked if there would have to be a Public Hearing for this. Manager
Vannoorbeeck replied he thought Virginia was one of the states that does not require this. He
said he thought it would be a wise idea as a courtesy that this is forthcoming.
Mayor Coleburn asked for the citizens, if the Fire Department takes in $34,000.00 what percent
is going back to the Fire Department. Manager Vannoorbeeck replied the money would go
towards Capital Improvement Projects as discussed in the Committee Meeting. Mayor
Coleburn added that is a good idea.
Mayor Coleburn said stating the obvious, it would be the understanding that if that fund were to
get to $140,000.00 and the Fire Department wanted to purchase a truck, it would still have to be
approved by Council. Chief Tomer replied correct.
Councilman Green asked to have Chief Tomer review the contract then present to Council and
Attorney Bacon for approval.
VOTE:
Councilman Tucker
Councilman Nash
Councilman Moncure
Councilman Hamner
Councilman Scott
Councilman Green
Councilwoman Thompson
-
Aye
Aye
Aye
Aye
Aye
Aye
Aye
PAYMENT OF BILLS
Mayor Coleburn stated the bills that have already been paid are in the amount of $297,459.52.
Councilman Green made a motion to approve the bills that have already been paid in the
amount of $297,459.52. The motion was seconded by Councilwoman Thompson.
Councilman Nash asked if it was standard to have that many meter deposits. Manager
Vannoorbeeck replied it is now that we are returning every month.
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VOTE:
Councilman Tucker
Councilman Nash
Councilman Moncure
Councilman Hamner
Councilman Scott
Councilman Green
Councilwoman Thompson
-
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Manager Vannoorbeeck stated the bills not yet approved but to be paid are in the amount of
$272,292.04.
Councilman Green made a motion to approve the bills to be paid in the amount of
$272,292.04. The motion was seconded by Councilman Nash.
Councilman Nash asked about S. Walker Construction in the amount of $118,000.00. Manager
Vannoorbeeck replied that is about six different projects and based on the Town’s annual
contract. He added the property owners have either paid or had a lien on the property. He said
Jason Walker is working with us on payments to him.
Mayor Coleburn recognized Jason Walker because a disabled person came to him about there
being no cut out at BB&T and he advised Manager Vannoorbeeck. Manager Vannoorbeeck
added Mr. Walker broke it out today.
Mayor Coleburn said he would be writing a letter to Mr. Walker thanking him.
VOTE:
Councilman Tucker
Councilman Nash
Councilman Moncure
Councilman Hamner
Councilman Scott
Councilman Green
Councilwoman Thompson
-
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Councilman Green pointed out in the Fire Report that the Town’s well able Fire Department
answered (17) calls and (13) were in the County.
Carriage Museum Update
Mayor Coleburn said he and Manager Vannoorbeeck talked this week about people saying at
certain times the Carriage Museum was not being staffed. He said he didn’t think the Council
stipulated someone must be in the office at these hours but the holiday season is coming along
and the six weeks of trains the museum gets a lot of business. He asked if there was anything
we could do.
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Manager Vannoorbeeck said the solution was to have DBi and Mr. Lafayette Dickens provide a
written schedule to coincide with the different events. He said Mr. Dickens was out of town last
week and there was some concern so he advised him to let Mrs. Thomas know when he was
going to be out of town.
Mayor Coleburn asked for a schedule at the October Council Meeting.
Councilman Nash said we should have a little bit of say because we offered our building.
Mr. Mitchell suggested posting the hours of operation on the door.
Mayor Coleburn asked by Common Consent to provide a proposed list of the schedule and to
talk to the Thomas’ about the schedule.
Police Department Vacancy
Mayor Coleburn said he was of firm belief that the vacancy at the Police Department needs to
be filled. He said the reason he was bringing this up is because the Police Academy trains in
January and July and if by chance Council were to see fit to let Chief begin to advertise or sort
through old applications it would be possible to have someone attend the Academy in January.
Mayor Coleburn said he thought Council should have an epiphany about the police department
vacancy and it was better to have it now so Chief can react. He said he has heard rumors and
does not like scare tactics but has heard some things about people looking for work, seasoned
officers.
Mayor Coleburn said he knew the budget was balanced by leaving a Police Department position
unfilled. He said he feels as good about our Police Department has he has in his life with the
community outreach and other things going on. He asked at a minimum could we let the Chief
advertise for the position or even go through old applications.
Councilman Green asked how is it going to be funded, is that kind of money in the budget.
Mayor Coleburn replied he did not know if it was in the budget but he would recommend the
General Fund.
Councilman Moncure said he thought it was obvious the answer to the question, it is not in the
budget. He said we just voted no to a very small increase to balance the budget on a debit and
credit basis. He said if we do this then we are right back where we were with no correction for
the funding, even though this Council voted to find new funding.
Councilman Moncure said he was not knocking the Chief or the Police Department but let’s call
a spade a spade and confess we want it in one hand and we don’t want to pay for it in the other
hand.
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Mayor Coleburn suggested the General Fund because it is that important. He said if we were
starting a new town tomorrow the first thing asked would be what services are being provided,
he thought police would be high on the list.
Councilman Moncure said you have to have income to pay for services.
Mayor Coleburn said he is asking Council to consider tonight that Chief have some latitude to
look through the applications or try to get the word out. Councilman Moncure replied he had no
problem with that but he did not see a willingness to find the money to pay for it. He added this
can take us back to the point where we were when Manager Vannoorbeeck came; we can get
there very easy by not being truthful with ourselves. He said we have sat here over the past (3)
months and lied to ourselves about what we were going to do.
Mayor Coleburn said it is an urgent need and the most vital core of basic function of local
government. Councilman Moncure said the Mayor was absolutely right but there is also a
responsibility to raise the money to do it.
Mayor Coleburn said he is just asking if the Chief could put the word out that he would like to
have applications for an officer, doesn’t mean he will hire somebody, but when November or
December comes around and we may have had a better fall than expected and tax checks start
coming in December 5th then maybe he could have time to hire somebody.
Councilman Green said if he felt like he needed another employee he couldn’t imagine putting
out for a position and no money to fund it. He added if you are authorizing the Chief to take
steps to hire somebody then you should back it up.
Councilman Green said when we discussed putting dispatching and EMS back in the budget we
came up with an alternative and Council voted 7-0 to advertise. He said he didn’t see where we
had the money, that ship has sailed. He added we have not been collecting the increase yet but
have been giving the fuel allowance to the customers but haven’t received the rate increase yet.
Councilman Green said for a police officer with the pay and benefits is $50,000.00. He said we
are behind $100,000.00 in revenue now and did not know where we could get the money. He
added he didn’t see giving the Chief false hope.
Mayor Coleburn said to hire an officer it either needs to come from the General Fund, which he
suggests, or find new revenue.
Councilman Nash suggested referring to the Police Committee to let them determine.
Mayor Coleburn said he thought the Chief should leave here knowing he had some
authorization, some hope, to put feelers out for a twelfth police officer. Councilman Moncure
replied what you are saying is go ahead and do it because we can always go to the General
Fund.
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Mayor Coleburn said he was saying Council could decide in October or November whether to
hire and if so where to get the money from.
Mayor Coleburn said he was not trying to cause another controversy, but there are two dates for
training police officers, so if we were to lose another officer between now and January then we
would be two officers down and would have to wait until July to fill the vacancy.
Councilman Moncure said he has no problem if the Chief needs two more people but what we
need to do is obligate ourselves with the responsibility to pay for it. He said we need to find the
money, this is not the first time, we do this on a consistent basis.
Mayor Coleburn said he has talked with some officers and the Chief and if he didn’t feel it was
important he would not have brought it up.
Mayor Coleburn referred an additional officer to the Employment and Police Committee for
report at the October Council Meeting. Councilman Moncure added with a recommendation on
how to raise the money. Mayor Coleburn replied sure.
Mayor Coleburn told Councilman Moncure he needed to realize there are (7) members of
Council and each may have a different way of funding it.
COMMITTEE REPORTS
Employment & Police – met 8-28-15 – minutes included in September’s Council Packet
Manager Vannoorbeeck said there were no recommendations; it was interviews for the Finance
Director position.
Parks & Recreation – met 9-9-15 – minutes included in September’s Council Packet
Chairman Nash said they discussed on the School Property with Mr. O’York and Mr. Hale that
the Town would carry on with the RFP for architectural services to be in the paper next week.
Mayor Coleburn asked about what was mentioned earlier with private investors. Manager
Vannoorbeeck replied there was some interest in not just the School Property but in the Town
Shop.
Manager Vannoorbeeck said back in 2011 the first idea for the Armory was putting the Library
in there, trying to find uses. He said he is looking at finding a use before renovating a building
with no huge cost. He said we are moving forward and the School Board wants a master plan.
9
Manager Vannoorbeeck said Mr. Hale was at the meeting and he worked with him in Amelia
and has worked with the school systems. He said Mr. Hale explained with the square footage
there was not enough space for an indoor basketball court; it will have to be a free standing
building.
Fire & Water – met 9-14-15 – minutes included in September’s Council Packet
Chairman Scott said Virginia Tech had previously asked about using the fire hydrant to fill up
their pond. He said the Committee recommended charging them $3.58. Manager
Vannoorbeeck added that is the same bulk rate as Pickett.
Mayor Coleburn asked if they were water customers of ours now. Manager Vannoorbeeck
replied he thought they were.
Councilman Nash asked if there was a water constraint could we tell them they couldn’t fill the
pond because we need to save the water for our citizens. Manager Vannoorbeeck replied
absolutely.
Councilman Scott made a motion to offer Virginia Tech the bulk water rate of $3.58 for
filling their ponds. The motion was seconded by Councilman Nash.
VOTE:
Councilman Tucker
Councilman Nash
Councilman Moncure
Councilman Hamner
Councilman Scott
Councilman Green
Councilwoman Thompson
-
Aye
Aye
Aye
Aye
Aye
Aye
Aye
CONSENT AGENDA
1. Blackstone’s Night Out – Street Closure – 10-16-15
2. Bevell’s – Yoder’s Kitchen – 11-27-15
Councilman Nash made a motion to approve the two Consent Agenda items. The motion was
seconded by Councilman Scott.
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VOTE:
Councilman Tucker
Councilman Nash
Councilman Moncure
Councilman Hamner
Councilman Scott
Councilman Green
Councilwoman Thompson
-
Aye
Aye
Aye
Aye
Aye
Aye
Aye
UNFINISHED BUSINESS
1. Brunswick Avenue Property – Clean-Up
Manager Vannoorbeeck said the Health and Ordinance Committee met and he took
Attorney Bacon to look at the property to see if it was illegal. Mayor Coleburn added this is
a wooded area between Eighth and Ninth Street on the west side of Brunswick Avenue.
Attorney Bacon said after she looked at the property, her first thought was would the
property be considered a nuisance under the Town Code but after reviewing she did not
think it would qualify as a nuisance. She researched other areas and in her review she found
the Virginia Fire Code that has been adopted by the Town. The most recent Fire Code in
Section 110 says dangerous conditions that are likely to cause or contribute to the spread of
fire on said premises, buildings or structures to endanger the habits thereof. She said in
plain English there really are no tools out there in the Virginia Code or Blackstone’s Town
Code that address what we have on Brunswick Avenue.
Attorney Bacon said the closest remedy she could find was to get the Fire Code Official to
look at the property to see if they find it to be a fire hazard.
Mayor Coleburn said if the (8) trees in his yard all fall in different directions on his property
and he is busy and decides to leave them there, what legally should the government do, he
hopes the answer is nothing.
Councilman Nash asked if the right-of-way was the Town’s responsibility. Manager
Vannoorbeeck yes we can cut it.
Mrs. Bragg asked at what point can the government intervene because it has become a
danger to the public. Mayor Coleburn replied any neighbor can claim a nuisance in General
District Court and present evidence and testimony but that does put neighbor against
neighbor. Attorney Bacon added that is correct.
Attorney Bacon said there are two different things here, government nuisance, which are
actions the government can take to abate the nuisance. She said there is also a private
nuisance.
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Mrs. Bragg asked if the Town could do something with the government nuisance to take
action. Mayor Coleburn replied there is no statute existing but if there was we need to make
sure not to pick on just one property owner, he would have the Fire Official review all lots
in Blackstone.
Councilman Nash said the mail carriers have stopped delivering mail because they have
been falling through the porch. Mayor Coleburn added that is moving towards a
condemnable house issue.
Mrs. Bragg asked if Council could rewrite the Code. Mayor Coleburn replied absolutely
because Virginia is a Dillon Rule State and we can rewrite it in a way the State allows.
Mrs. Bragg asked if the Code could be changed to fit this issue, she has two small children
and they maintain their yard.
Mayor Coleburn said growing up at Tenth and College he and a friend played in the woods
all the time and saw copperheads. He said any wooded lot in Blackstone there are
copperheads.
Councilman Nash said after this discussion it bothers him that the Town is responsible for
cutting the right-of-ways. He said if that was kept up the snakes would probably stay in the
woods.
Mayor Coleburn asked Attorney Bacon if the Town could add something with more teeth to
hang its hat on. Attorney Bacon replied maybe. She added Mayor Coleburn was correct
that the Town does have leeway to rewrite the Code but it does have to be within what the
State allows.
Attorney Bacon said what the State says in Section 15.2-900, The term "nuisance" includes,
but is not limited to, dangerous or unhealthy substances which have escaped, spilled, been
released or which have been allowed to accumulate in or on any place and all unsafe,
dangerous, or unsanitary public or private buildings, walls, or structures which constitute a
menace to the health and safety of the occupants thereof or the public.
Mrs. Bragg asked would the menace apply to the structures surrounding the house not just
the house, she felt like they were a menace to their neighborhood. Mayor Coleburn replied
like what Councilman Nash said, the best course of action for the house would be to try to
declare it inhabitable and have it condemned.
Ms. Rapp asked if that could be done. Councilman Nash replied that is done by Nottoway
County.
Ms. Rapp asked about 12 on your side. Mayor Coleburn replied he could not speak for
them.
Councilman Green said everything that Attorney Bacon read he sees on that property.
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Mayor Coleburn said to Council, if you go this way, be prepared to get a list of properties
and camp out all over Blackstone, we need to be fair and consistent.
Councilman Green said he felt better tonight knowing a group has recourse, because if he
was Ms. Rapp he would get an attorney for the nuisance. He said he understood what the
Mayor said about trees in the yard but this is beyond that. He said he didn’t want to see the
Town redo the Ordinance, he said there has been some great discussion about it being fair
and he could see the Town get bogged down. He said we live in a rural community, but
there is a remedy here, and that’s why he feels better. He suggested getting your neighbors
together and talk to an attorney to see if there is a case, then go to the individual to try and
settle this, try and work it out amongst yourselves. He said since there is this remedy, he
was reluctant to single this one residence out.
Councilman Nash said in the meantime could the Town Manager contact the Building
Inspector.
Ms. Rapp said she didn’t think it should be all on their shoulders.
Mayor Coleburn said another course of action is we have a state delegate up for reelection;
maybe he could introduce a bill that would allow localities to put more teeth with nuisances
involving trees and stumps. He said that’s where it has to start.
Councilman Nash questioned the antique plates. Manager Vannoorbeeck replied he did not
know if they were valid plates.
Councilman Nash asked Chief Kuzmiak if he would check on the antique tags at the
Brunswick Avenue property.
2. Personnel Policy – Use of Town Owned Computers
Attorney Bacon said she has been researching computer and internet use policies that are
uniform that the Town can adopt. She provided packets for the Council to review.
Attorney Bacon said the policy she liked was from the City of Richmond, Illinois, but it was
14 pages and thought that was too much. She said also included was policies from Virginia
Tech and from a County School Board. Finally, she included a general print of what
employees can and cannot do.
Attorney Bacon said for adopting a policy the Town needs to decide what they want to
regulate for instance just town computers or using personal computers at work. She asked if
the Town wants to regulate emails sent in personal capacity. She said we want to be in
compliance with the Freedom of Information Act but we don’t want to make it so bogged
down that it becomes ridiculous.
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Mayor Coleburn asked to digest for a month and referred this information to the
Employment and Police Committee.
Manager Vannoorbeeck mentioned storage of emails, he wanted to be sure we were backing
up and storing what is needed. Attorney Bacon added there is a suggested Retention Policy
that FOIA has and once a policy is created the FOIA Council can give their seal of approval.
Attorney Bacon read a section from the City Richmond, Illinois, page 2 paragraph 3.
3. Special Called Meetings – Opinion from Attorney Bacon
Attorney Bacon read the Town Charter regarding Special Called Meetings, Section 3.4, Item
B - Special meetings may be called at any time by the mayor or any three members of
council provided that other members of council and the mayor are given reasonable notice.
No business may be transacted at a special meeting except that for which it is called.
Attorney Bacon said that provision directly contradicts what the State Code says.
Attorney Bacon read the State Code, Section 15.2-1418 – Such notice shall specify the
matters to be considered at the meeting. No matter not specified in the notice shall be
considered at such meeting, unless all members are present. The notice may be waived if all
members of the governing body attend the special meeting or sign a waiver.
Councilman Green asked if the State Code took precedent over the Town Charter. Attorney
Bacon replied no. She said the reason for the difference is Blackstone adopted the Charter
first and the Charter used the old State Code then the State Code was amended and the
Charter was not.
Attorney Bacon said taking that into view with State Code 15.2 – this Code and any
amendments do not amend any contrary provisions in a Charter. She said based on that it is
her opinion that the Charter actually does control here and that no matters that were not in
the notice should be conducted.
Mayor Coleburn referred this to the Health and Ordinance Committee, not to really protect
Council but to protect the citizens.
Councilman Green said you cannot change the Charter without an act of Congress. He said
he did not care he just wanted to know what Council should be doing. He said when it
comes to a street closure he would suggest giving emergency power to the Mayor or Town
Manager to act when a meeting can’t be called or an issue doesn’t deem calling a meeting.
Mayor Coleburn said what may seem a trivial request like a street closure, it could be
someone new to Town that already had plans, this is to protect the people.
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Mayor Coleburn said this was for clarity and what he understands only items on the Agenda
can be discussed then adjourn the meeting. Attorney Bacon replied that is correct because
that is what the Charter states.
Attorney Bacon said if Council wants to address some of the discrepancies in the Charter
perhaps you can get a list together and take to our delegate.
Mayor Coleburn said he would not be opposed to have the Charter amended to read if all (7)
members and the Mayor are present or all have signed the call and all present agree then the
discussion can go forward.
Councilman Green asked if we could agree right here and now that if we come across an
issue and all (7) are here and agree then there could be a vote.
Mayor Coleburn said he thought Councilman Green was saying we have something to hang
our hat on with the State Code but to make it more official it needs to be codified.
Mayor Coleburn reminded Council about a Special Meeting in 2011 where the Armory was
discussed but was not on the Agenda and the vote was all for nothing at that meeting.
Attorney Bacon clarified the Council was correct by the State Code but the Town Charter
trumps the State Code.
4. Culvert Installation Policy
Manager Vannoorbeeck said it was asked for further improvements to the policy but the
Street Committee has not met yet.
5. Town Owned Buildings Tour – 10-28-15
Councilman Green said he would get with everyone on a time but he was thinking 2:00 p.m.
Council was in agreement.
6. Award Town Shop Clean-Up
Manager Vannoorbeeck said included in the Council Packet was a cost estimate received for
the disposal of the two tanks at the intersection of Amelia Avenue and Second Street. He
said he received another proposal from Veolia Environmental Services, which do possess a
State Contract for hazardous waste.
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Manager Vannoorbeeck said these are two separate issues and we only included $36,000.00
in the budget which would be for the disposal of the Veolia portion. He said he did not
think he had enough money to do both projects and it certainly was not in the budget. He
said the recommendation from B&B Consultants is to proceed with Veolia Environmental
Services for the disposal barrels, tanks and such things that are currently located at the old
Town Shop.
Councilman Nash asked if that would get rid of everything. Manager Vannoorbeeck replied
it will get rid of everything on pallets, but if you read the proposal it does not say it’s
definitive, so if something is found in the barrels there may be additional cost. He added he
did not think it was a final cost of $27,000.00.
Councilman Nash asked if Council should set a top dollar. Manager Vannoorbeeck replied
they will have to do sampling, so they can do the sampling and get rid of the known product,
like things with labels. He said the second phase would be sampling to determine what is
there.
Manager Vannoorbeeck said he thought we needed to hold off with Potomac, which is the
disposal of the two tanks outside.
Councilman Nash asked if we knew where they were taking the containers. Manager
Vannoorbeeck replied North Carolina.
Councilman Nash said he did not want another Ward Transformer. Manager Vannoorbeeck
replied no, that is why we use B&B Consultants so they have a proper disposal manifest.
Councilman Nash made a motion to proceed with Veolia Environmental Services for
Phase 1 and Phase 2 clean-up at the old Town Shop in the amount of $27,000.00. The
motion was seconded by Councilman Scott.
VOTE:
Councilman Tucker
Councilman Nash
Councilman Moncure
Councilman Hamner
Councilman Scott
Councilman Green
Councilwoman Thompson
-
Aye
Aye
Aye
Aye
Aye
Aye
Aye
7. Comprehensive Plan
Manager Vannoorbeeck said Nottoway County has compiled all their information but the
Comprehensive Plan still needs a series of Public Hearings and this process will begin with
the Planning Commission.
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He said there is still some significant work to be done from VDOT. He said there was a
House Bill adopted last year in the General Assembly that changes the funding formulas for
localities on how we receive 6-Year money.
Manager Vannoorbeeck said there are items called UDAs, Urban Development Areas, this
needs to be adopted by the Planning Commission for the Comprehensive Plan.
ON-GOING PROJECTS
1. Dilapidated Buildings
Manager Vannoorbeeck said he needed to correct something he emailed last week; the
address should be 118 Taylor Street not 128 Taylor Street. He said the property has been
condemned and Attorney Bacon has already done the Title Search.
2. Meals Tax
Mayor Coleburn said Huddle House is behind on Meals Tax. He asked Attorney Bacon if a
restaurant files for bankruptcy, if the way our Meals Tax Ordinance is written, can we go
after them for Meals Tax or not. Attorney Bacon replied we cannot, but not because of the
Ordinance but because of Federal Bankruptcy Laws which is a stay. She explained when a
debtor claims bankruptcy the creditor cannot take any action to collect the debt. She said
what she and Treasurer Procise have been working on is filing a proof of claim to let them
know we are here and included in the plan. She said the creditor cannot sue them without
the Bankruptcy Court’s prior approval.
Mayor Coleburn said he had a copy of the action from Federal Court and H2O’s top 20
creditors are listed and the Town of Blackstone is 11. He asked if they are granted Chapter
11 Bankruptcy does that mean he is free of paying debts. Attorney Bacon replied no
Chapter 11 means reorganization and as long as they stay Chapter 11 then the Town is good.
She said with Chapter 11 they put a plan together on what they will pay each creditor and
how they will work themselves out of bankruptcy. She added the problem is they can
always convert to Chapter 7 and that completely wipes out the debt and nobody gets paid.
Mayor Coleburn said this is not like a property tax; this is money they are actually taking
from their customers and supposed to hold in escrow, does the court view that more sternly.
Attorney Bacon replied we can argue that but Bankruptcy Court has different priorities they
use.
Councilman Green asked if this was a Class 2 Misdemeanor violating this statute. Attorney
Bacon replied yes.
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Councilman Green said these accounts are to be separately funded and failure to do so is a
criminal act. He said his point was can we pursue the criminal side. Attorney Bacon replied
her initial impression is yes, but she thought the Bankruptcy Court would interpret that as
taking action to collect.
Councilman Green said it doesn’t seem equal or fair because another merchant was
fingerprinted and handcuffed. He said now we have a merchant that is going to skip out.
Mayor Coleburn said last month Council voted to proceed with collections.
Attorney Bacon promised she would do whatever is necessary to collect so long as the
Federal Court would not prohibit it.
3. Street Improvement Projects
Nothing to report.
4. Church Street Project
Manager Vannoorbeeck said he would report back in October for the bids due on Thursday.
He said the bids will also include an alternate for sections of sewer line at the Airfield.
5. Wrigglesworth Sports Complex
Mayor Coleburn said there are bids included and it appears Ryan Gunn with Treescapes is
the low bidder.
Manager Vannoorbeeck explained to make if fair you need to compare apples to apples, Mr.
Gunn is not including any topsoil or straw in his price. He added Mr. Will Hudgins is
including topsoil with an estimated (3) loads at $600.00 so that would drop his bid by
$1,800.00.
Manager Vannoorbeeck said $2,950.00 is the low bid amount but if any topsoil is needed it
will be at an additional cost.
Councilman Green asked if the Town would furnish the topsoil or would it have to be
purchased. Manager Vannoorbeeck replied they would have to buy it; the Town doesn’t
have good enough material.
Councilman Green asked if topsoil had to be purchased would that be bid out. Manager
Vannoorbeeck replied he would probably contact Yard Works.
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Councilman Nash said he did not agree with doing any of it, the fields are functioning, we
have other projects. Manager Vannoorbeeck said we can do the work with Town forces but
he did not have a power rake.
Councilman Nash suggested using the $2,900.00 to finish the other projects.
Mayor Coleburn asked if anyone on the Recreation Board knew this was being considered
tonight. Manager Vannoorbeeck replied Mr. Dan Martin.
Mayor Coleburn asked if the president of the Recreation Board knew about this. Manager
Vannoorbeeck replied he did not know. Councilman Nash added he was not going to vote
against it.
Councilman Green said he has been chiming in saying we need to finish what we have been
doing.
Councilman Nash talked about parking and we don’t know exactly where to put the other
basketball court and now talking about curb and gutter. He said why tear something up that
is completely functional right now.
Mayor Coleburn said his only concern was he has heard people talk about Field 3 being a
safety issue.
Councilman Nash said the Town has knowledge of the problems and can fix it.
Mayor Coleburn asked to postpone this until October. Councilman Nash replied the work
needs to be done now.
Manager Vannoorbeeck said the work can be done with Town guys. He added Greg Young
can oversee and fertilize.
Councilman Nash said with David Ostrander and Andre Hicks’ experience and good topsoil
they can do a good job; it won’t be tearing up the whole field. Manager Vannoorbeeck
asked Councilman Nash if he would advise some.
Mayor Coleburn asked that the President or designee of the Recreation Association be made
aware of what is going on.
Mr. Waymond Mitchell asked for a report on the second basketball court.
Mayor Coleburn said the indoor basketball court is not going to work so we are back now
trying to determine where the second court can go. He said the parking area does pin us
down as to where to put the second court.
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Manager Vannoorbeeck said what the School System wants and the vote from the
Committee is to have a master plan layout. Councilman Nash said granted not everything
on the plan will be done at one time.
Mayor Coleburn said the School Board approved 5-0 to approve two basketball courts.
Mayor Coleburn said he told Dr. Grounard he could not speak for Council but in fairness to
the School Board any plan Council presents to them should have any emergency clause. He
said he thought some members of the Board thought once Blackstone gets the property they
may say we have plenty of ball fields so someone may want to put apartments there. He
said he thought that fear was out there, it is not justified. Manager Vannoorbeeck said
maybe it is justified, looking at the other buildings we have to find alternative uses for them.
Manager Vannoorbeeck said on record the Town cannot afford to renovate all that space.
He said we are looking at which buildings can be done but there may be a creative proposal.
He said we need to be forthright with the School Board about what we are thinking.
Mayor Coleburn said he thought the chances would improve getting the buildings once there
is a second basketball court. Manager Vannoorbeeck replied tell him where.
Councilman Nash said we need to have a plan before building a second basketball court.
Mayor Coleburn said in two years we have had multi tournaments and everyone has been
happy.
Manager Vannoorbeeck said next month there will be a formal application to VDOT for
walking trails. He said we hope to include antique lighting. He hoped to see the parking lot
at the Primary School be an auxiliary lot and use the gate entrance at that end of the field.
Councilman Nash recognized Mr. Waymond Mitchell for donating benches at the basketball
court; they have been mounted in concrete. Manager Vannoorbeeck added he did not know
where Mr. Mitchell got the benches but they were behind his house and he donated them.
He said they still need to be painted.
6. Downtown Planning Grant
Manager Vannoorbeeck said we really need participation. He said we need merchants
downtown to contact Jennifer Beck; we are trying the exact same process as on North Main
Street. Mrs. Jennifer Beck added they want 90-95% participation.
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7. East End Planning Grant
Mrs. Jennifer Beck said there will be windshield surveys with someone riding by to see the
characteristics of homes at the end of this week. She said there has been great participation
with this and two spark plugs have been identified.
8. Nottoway Avenue – Revenue Share Project
Manager Vannoorbeeck said we have worked out a schedule and surveying should begin in
or around Christmas time with expected construction to start fall 2016.
NO NEW BUSINESS
Nothing to report.
NO COMMITTEE REFERRALS
MAYORS MINUTE
Nothing to report.
POLICE REPORT
Mayor Coleburn said he was not seeing any two hour parking tickets. Chief Kuzmiak replied
people seem to be doing better now.
CITIZENS COMMENTS
Councilman Nash said he was confronted by O’Reilly’s about the grass issue next to them, he
told them there is no Grass Ordinance for commercial property. Manager Vannoorbeeck replied
that is correct it is only in residential zones.
Manager Vannoorbeeck said there has been an update about the property and the owners have
been hung up with a storm water problem. He said they hoped to have an answer this week so
they can get started.
Chief Kuzmiak said this Saturday from 10:00 a.m. to 2:00 p.m. they will be participating again
with the Take Back Program for residents that may have any unwanted medications they want
to drop off.
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Councilman Nash asked that a Code Red be issued.
Mrs. Bragg said if she lets her grass grow too high she will be told to cut it, there is a code
stating that, but a nuisance property is not enforceable. Mayor Coleburn replied our Grass
Ordinance is because Council has determined that high grass is a nuisance. He said state
lawmakers have not come up with an ordinance that says fallen trees and wooded lots in Town
are a nuisance.
Mrs. Bragg said when it causes a hazard that is State Law but Council doesn’t feel like that is
something they want to take on, they want the residents to handle it on their own. Mayor
Coleburn replied right now he is hearing that, he said with grass it can be quantitative but with
the property on Brunswick Avenue it is hard to quantify.
Mrs. Bragg said at some point she can’t let her grass grow above 10 inches but she can have
trees and rodents in her yard. Mayor Coleburn replied laws are passed because people quit
having standards.
Mrs. Bragg said to her it did not make sense, to her it was a danger, she was not pointing fingers
at that home, it could be coming from anywhere however that seems to be the place.
Mayor Coleburn said he did not know of any judge in Nottoway County that would go after the
property owner, there would have to be something compelling.
Mrs. Bragg said so basically we just have to deal with it. Mayor Coleburn replied for now it is.
Mayor Coleburn said a lesson he has learned in government, it’s sad but most of us in this room
know what’s right, we are good neighbors, there are some things he would have different, but
where he played growing up was a lot worse than on Brunswick Avenue.
Attorney Bacon said one example does say any condition which provides harborage of snakes,
rats and other varmints. She said she thought the problem would be having to prove it in court.
Mrs. Bragg asked if an expert could be brought in if you know it is coming from that property.
Mayor Coleburn said he has heard that sulfur keeps snakes away. Manager Vannoorbeeck
added there is something called snake away.
Councilman Green said he was planning to contact Delegate Wright tomorrow.
Councilman Nash asked how wide is the right-of-way, does a letter need to be sent.
Councilman Green said he thought some of the problem is in the right-of-way. Manager
Vannoorbeeck replied there is no accumulation of debris in the right-of-way.
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Mr. Waymond Mitchell said he wanted to set the record straight because sometimes people say
things they don’t really mean, he said he gave the benches and picnic table to the Town because
they were his, where they came from does not make a difference.
Mrs. Ann Hoover said Mrs. Marie Thomas worked (3) hours pulling weeds around the Carriage
Museum and Schwartz Tavern so it would look nice for Arts and Crafts. She said the next day
Mrs. Thomas spent (2) hours cleaning Schwartz Tavern.
Mrs. Hoover said Mrs. Thomas recommends having someone at both places during the holiday
season.
Councilman Nash made a motion to go into Closed Session for discussion,
consideration, or interviews of prospective candidates for employment; assignment,
appointment, promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees of any public body. The motion
was seconded by Councilman Tucker.
VOTE:
Councilman Tucker
Councilman Nash
Councilman Moncure
Councilman Hamner
Councilman Scott
Councilman Green
Councilwoman Thompson
-
Aye
Aye
Aye
Aye
Aye
Aye
Aye
CLOSED SESSION
Virginia Code Section 2.2-3711
1/
Personnel
Councilman Green made a motion to certify that to the best of each member’s
knowledge only public business matters lawfully exempted from open meeting
requirements and only such public business matters as were identified in the motion by
which the Closed Meeting was convened, were heard, discussed or considered in the
meeting. The motion was seconded.
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VOTE:
Councilman Tucker
Councilman Nash
Councilman Moncure
Councilman Hamner
Councilman Scott
Councilman Green
Councilwoman Thompson
-
Certify
Certify
Certify
Certify
Certify
Certify
Certify
Councilman Nash made a motion to re-advertise the Finance Director position. The motion
was seconded by Councilman Scott.
VOTE:
Councilman Tucker
Councilman Nash
Councilman Moncure
Councilman Hamner
Councilman Scott
Councilman Green
Councilwoman Thompson
-
Aye
Aye
Aye
Aye
Aye
Aye
Aye
There being no further business to bring before Council, Mayor Coleburn declared the meeting
adjourned.
______________________________MAYOR
OF THE TOWN OF BLACKSTONE, VIRGINIA
_______________________________APPROVED AND ADOPTED
_______________________________TOWN CLERK
OF THE TOWN OF BLACKSTONE, VIRGINIA
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