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, June 15, 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, Sam Moncure Town Staff: Philip Vannoorbeeck, Town Manager; Jennifer Daniel, Clerk; Gweneth Procise, Treasurer; Chris Snead, Finance Director; Jennifer Beck, Director of Transportation and Community Development; Dion Tomer, Fire Chief; Nicholas Kuzmiak, Police Chief Town Attorney: Those Absent: Eric Nash Mayor Coleburn called the June Council Meeting to order. Mayor Coleburn delivered the Invocation. Mayor Coleburn led the Pledge of Allegiance. PUBLIC HEARINGS 1. Zoning Ordinance – Text Amendment NOTICE OF PUBLIC HEARING TOWN OF BLACKSTONE The Town of Blackstone Town Council shall hold a Public Hearing at 7:00 p.m., June 15, 2015 in the Blackstone Town Council Chambers, 100 W. Elm Street, Blackstone, Va. The purpose of the Public Hearing is to consider an amendment to the Blackstone Zoning Ordinance. This amendment, if approved, would permit the operation of Assisted Living Facilities as a conditional use in the B-G, General Business district. The text amendment, proposed definition and supporting documents are available to review at the Town Manager’s Office, 100 W. Elm Street, Blackstone, Va. 1 Manager Vannoorbeeck explained this amendment is specific to adult assisted living facilities. He said this came about because of a request from Clay’s Assisted Living Facility. He added in order to effectuate the request we first need to add assisted living facilities as a defined use by conditions in the B-G District. Mayor Coleburn said since 1992 the mission at Clay’s has changed which was not included in our 1992 Zoning Ordinance. Mayor Coleburn asked if there was anyone here to speak for or against the text amendment in the Zoning Ordinance. Mrs. Celestine Hicks, Chester, Virginia Mrs. Hicks said she is in favor of the zoning ordinance amendment. She said Clay’s provides a home to a number of citizens that would otherwise not have a place to stay. Councilman Tucker asked how many Clay’s was licensed for. Mrs. Hicks replied they are licensed for 65 and at the present time they have 50 residents. Mayor Coleburn asked how many employees Clay’s has. Mrs. Hicks replied about 18 full time positions. Mayor Coleburn said Mrs. Hicks said Clay’s cares for those that otherwise would not have a home, is this a group home. Mrs. Hicks replied it is an assisted living facility for aged and disabled. Mrs. Janet Bunnell said she lives down from Clay’s on the corner of Lunenburg and Tenth Street and is very comfortable with Mrs. Hicks having an assisted living facility near her. Mayor Coleburn closed the Public Hearing. Councilman Green made a motion to approve assisted living facilities as a use by conditions in the B-G District to the Zoning Ordinance. The motion was seconded by Councilman Scott. VOTE: Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker Councilman Nash Councilman Moncure Councilman Hamner - 2 Aye Aye Aye Aye Absent Aye Aye 2. Clay’s Assisted Living NOTICE OF PUBLIC HEARING TOWN OF BLACKSTONE The Town of Blackstone Town Council shall hold a Public Hearing at 7:00 p.m., June 15, 2015 in the Blackstone Town Council Chambers, 100 W. Elm Street, Blackstone, Va. The purpose of the Public Hearing is to consider a request from Jaz-Maree, Inc. T/A Clay’s Assisted Living Center for a Conditional Use Permit to operate an Assisted Living Facility with conditions at 701 Lunenburg Avenue, Blackstone, Virginia. This property is also known as Nottoway County Tax Identification Map Numbers 50A32-759-1A, 50A32-7-59-1C, portions of 50A32-7-59-1, 1B, 3A and 3B, 50A32-64-1A as well as 50A32-64-1 through 17 and a portion of 18 as shown on a plat of survey by Ray M. Mason, LLS, dated November 28, 2006 and totaling 2.39 acres. The current zoning of this property is B-G, General Business. This conditional use permit, if approved, would permit operation of the existing assisted living facility with conditions. The conditional use permit application and supporting documents are available to review at the Town Manager’s Office, 100 W. Elm Street, Blackstone, Va. Manager Vannoorbeeck explained this is a specific request from Jaz-Maree, Inc. to operate an assisted living facility for Clay’s and the conditions are included in the Council Packet. Mayor Coleburn asked if anyone was here to speak for or against the operation of Clay’s Assisted Living Facility. Mayor Coleburn closed the Public Hearing. Councilman Moncure made a motion to accept the recommendation from the Planning Commission to allow Clay’s Assisted Living Facility to operate under a Conditional Use Permit and include the attached conditions. The motion was seconded by Councilman Tucker. Manager Vannoorbeeck read the conditions. VOTE: Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker Councilman Nash Councilman Moncure Councilman Hamner - 3 Aye Aye Aye Aye Absent Aye Aye 3. Amend & Reenact the Zoning Ordinance NOTICE OF PUBLIC HEARING TOWN OF BLACKSTONE The Blackstone Town Council shall hold a Public Hearing at 7:00 p.m., June 15, 2015 in the Town Council Chambers, 100 W. Elm Street to consider an ordinance to amend and reenact the following Sections of the Blackstone Zoning Ordinance so that it is up to date with the Code of Virginia and best practices. The list is formatted as follows: Section 1-3, “Purpose, Intent.” Add purposes of the zoning ordinance: Protect historic areas; Preservation of the natural environment; Protect approach slopes and safety areas of airports; Promote affordable housing; Provide protection from encroachment on military bases and installations Sections 3-1.1, 4-1.1 and 5-1.1, “Use by Right” for R-S, R-1, and R-2 districts. Clarify that the term “Single-Family Dwellings” only applies to detached dwellings. Sections 3-6 and 3-9. “Frontage Regulations” and “Special Provisions for Corner Lots.” For the R-S district. Exclude minimum lot width requirement where existing lots are not wide enough. Sections 4-1.10, 5-1.5, 6-1.4 and 7-1.17, “Use by Right” for R-1, R-2, R-3 and R-B districts. Remove the term “Home Care Centers” as a by-right use. Sections 5-1 and 7-1, “Use by Right” for R-2 and R-3 districts. Add new use by right: Single-Family Semi-detached Dwellings. Sections 5-2.1 and 6-2.1, “Use by Special Exception” for R-2 and R-3 districts. Remove “General Hospital” and replaced it with “Nursing homes, convalescent homes and rest homes”. Section 5-2, continued. Rename “Child Care Center” to “Family Day Home” new definition Section 6-1, “Use by Right” R-3 district. Add doublewide manufactured homes as a by-right use. Section 6-1, Move Group Homes from a by-right use to a special exception use. Section 6-8.3, “Yard Regulations” for the R-3 district. Change interior setback requirements. Section 7-1, “Use by Right” for the R-B district. Permit “Nursing home, convalescent home and rest homes.” Insert new Section 7-2, to the R-B district. Allow “Assisted Living Facilities,” “General Hospitals” and “Group Homes” by special exception: Section 8-1.32, Remove residences above first floor as a by-right use for B-G district. Section 8-2, “Use by Special Exception” for the B-G district. Add assisted living facilities. Section 8-4, “Sign Regulations” for the B-G district. Add additional subsection which directs the reader to Article V of the Town of Blackstone Code. 4 Sections 8-5 and 8-6, Add statement that area regulations for residences in the Business-General District are the same as those in the R-3 Residential District. Section 11-1.3, Add “Residential-Business” and “Suburban-Residential” districts to where parking commercial trucks beyond any public road is prohibited. Also reference Section 58-116. Section 12-4.3, “Supplemental Sign Regulations – Sign Permits.” Add language which directs the reader to Article V of the Town of Blackstone Code. Section 12-5, “Storm Water Management Regulations.” Remove existing section on Town storm water management regulations. Section 13-3, “Non-Conforming Uses - Permits.” Expand the right of nonconforming uses or buildings by allowing them to continue as long as they have received a permit or “any significant affirmative governmental act;” construction does not have to commence within one year of receipt of such permit or act. Section 13-7, “Non-Conforming Lots.” Remove requirement that the Board of Zoning Appeals must approve the use of a non-conforming lot that has a smaller area or width than the minimum requirement. Create new section following Section 13-7 titled “Non-Conforming Signs.” Permit the Town to remove non-conforming signs, at the cost of the owner in certain conditions. Create a second new section following Section 13-7 titled “Non-Conforming Manufactured Homes.” Allows the owner of a non-conforming manufactured home to replace with a new manufactured home. Section 13-8, “Restoration and Replacement of Non-conforming uses.” Amend this section so that it refers to a natural disaster or other “Act of God,” non-conforming uses destroyed more than 50% may be restored; change time periods for restoration to previous non-conforming condition. Remove additional requirements for structures damaged by more than 75%. Section 14-3, “Required Information on the Site Plans.” Add additional information required on site plans submitted to the Town. Section 14-4, “Procedure for Processing Site Plans.” Increase the maximum time for the zoning administrator to review submitted plans; include a maximum 45 day response time for review by state agencies. Include a review time for zoning administrator to review disapproved plans. Section 14-4, Period of time until an approved site plan becomes null and void extended. Section 15. Rename from “General Provisions” to “Use Permits and Variances.” Section 15-1.10. Add: applicant cannot proffer the creation of a property owners’ association. Section 15-1.10(3). Add: Town is required to annually update the zoning map. Section 15-1.10(4). Aggrieved applicants by decisions of the Zoning Administrator under conditional rezonings have 30 days to file petition and may appeal the decision 5 Section 15-1.10(6). Amend so that all conditional zoning proffers run with the land. Section 15-5.2, “Special Exceptions – Procedures.” Include requirements for special exception applications; Include 30 day period between special exception request and recommendation Section 16-1.3, “Provisions for Appeal – Board of Zoning Appeals.” Specify when members of the Board of Zoning Appeals may be removed for cause. Specify time for public hearing. Section 16-2.4, “Powers of the Board of Zoning Appeals.” Add the Board of Zoning Appeals may approve a variance due to exceptional size or topographic conditions. Section 16-2.4, Move second paragraph to Section 17-7.2 of the amended ordinance and add letter “d” to existing list. Section 16-4, “Appeal to the Board of Zoning Appeals.” Add an outline of what is required in a notice of zoning violation. Section 16-4, Add that certain violations have an appeal period of 10 days max. Section 16-4, Add that no decision by the Zoning Administrator can be changed or reversed after 60 days if the recipient of the order has made the requested change. Section 16-6, “Public Hearing.” The length of time the Board of Zoning Appeals has to decide appeals is expanded. Section 17-2, “Penalty for Violation.” Specify timeline and cost of additional penalties. Section 18-1.2, “Zoning Ordinance Amendment Procedures.” Change the condition requiring a re-advertisement of a zoning ordinance amendment. Section 18-1.5, “Amendment Procedures.” Extend period of time in which the Planning Commission shall make a recommendation to Town Council on a zoning amendment. In addition to these proposed amendments, the following words have been modified, removed, or added to Article 19-3, “Definitions.” The list is formatted as follows: Abattoir, remove; Accessory use or Structure, modify. Assisted Living Facility, add. A congregate residential setting that provides personal and health care services, twenty-four-hour supervision, and assistance for 9 or more adults who are aged, infirm or disabled. Commercial Truck, modify. Increase minimum empty weight to 12,000 lbs. Dwelling, Single-Family, modify. Family, modify. Family Day Home, add. Group Home, modify. Hospital, modify. Hospital, Special Care, remove. Manufactured Home Park, modify. 6 Nursing Home, Convalescent Homes and Rest Home, add. Shelter, add. Special Exception, modify. In addition to these proposed amendments, Updated referenced to Virginia Code; Document has been reformatted and renumbered for clarity Manager Vannoorbeeck explained the task with the Planning Commission was not to change the zoning, what we are doing is codifying (20) years of changes that have taken place since 1992 and to include any State Code changes. Manager Vannoorbeeck explained State Code Section 15.2- 2307, which is manufactured housing. He said currently manufactured homes can only be placed in the R-3 District and that is not compliant with the State Code. He said the replacement of existing homes is allowable by State Code in the R-2 District and other residential districts. Manager Vannoorbeeck said right now commercial vehicles are prohibited in certain zoning districts but not in the R-1 or Residential Suburban Districts. Mayor Coleburn asked if anyone was here to speak for or against the proposed zoning amendments. Mayor Coleburn closed the Public Hearing. Councilman Tucker made a motion to amend and reenact the Zoning Ordinance as presented that was last adopted in 1992. The motion was seconded by Councilman Moncure. VOTE: Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker Councilman Nash Councilman Moncure Councilman Hamner - 7 Aye Aye Aye Aye Absent Aye Aye 4. 2015-2016 Capital Improvement Plan NOTICE OF PUBLIC HEARING TOWN OF BLACKSTONE The Town of Blackstone Town Council shall hold a Public Hearing at 7:00 p.m., June 15, 2015 in the Blackstone Town Council Chambers, 100 W. Elm Street, Blackstone, Va. The purpose of the Public Hearing is to consider the proposed Fiscal Year 20152016 Capital Improvement Plan. The proposed Capital Improvement Plan and supporting documents are available to review at the Town Manager’s Office, 100 W. Elm Street, Blackstone, Va. Manager Vannoorbeeck explained the Town is trying to codify the past few years of what we need for Capital Improvements. He said typically smaller items are included in the annual budget larger purchases such as garbage and fire trucks or items needed over the next five years are part of the Capital Improvement Plan. Mayor Coleburn asked what the grand total is for the coming year. Manager Vannoorbeeck replied he didn’t think there was a total but it is in the millions of dollars. Mayor Coleburn said we are not obligated to spend the money it is just nice to be prepared if we have to spend it. Councilman Green said some of the items are through 2020, it is a planning tool. Mayor Coleburn asked if anyone was here to speak for or against the proposed Capital Improvement Plan. Mayor Coleburn closed the Public Hearing. Councilman Green made a motion to approve and adopt the Capital Improvement Plan as presented. The motion was seconded by Councilwoman Thompson. VOTE: Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker Councilman Nash Councilman Moncure Councilman Hamner - 8 Aye Aye Aye Aye Absent Aye Aye VISITORS Nottoway Gators – Mr. Nathaniel Miller Mr. Miller said he was here on behalf of the Gators and has heard a few things so he was here to straighten it out. He said the first item is why do the Gators have to have lights, he said they are all volunteers and the kids have school so we only use the lights from 6:00-8:00 p.m. Mr. Miller said he has heard that the Gators get special privileges, we have never asked for anything special. Mr. Miller said if the Town has a problem with the Gators come see them, he said you have recreation meetings and the Gators are not invited. He said there has been talk about trash on the ground; they have a crew that cleans the stadium. Mayor Coleburn said Mr. Miller was telling him something he has not heard before; he has heard no complaints about the Gators. Mr. Miller asked when there are recreation meetings invite the Gators, they want to work with the Town. Councilman Green said he was the Chairman for the Buildings, Property and Cemetery and Account and Finance and the Gators have been talked about favorably. He added a few years from now they hoped to have a separate practice facility for the Gators. Mr. John Glancy - 402 Tunstall Avenue Mr. Glancy said he has had some issues with a drain pipe in his backyard. He said he has talked to the Town Manager and was here to find out what is going on. He just wants to know what is going to be done because now the pipe is out of the ground and animals are coming out of the pipe into his yard. Mayor Coleburn asked Mr. Glancy if the pipe was on his property or the Town’s. Mr. Glancy replied the pipe is on his property. Manager Vannoorbeeck said the Street and Light Committee has looked at the property and did not decide anything because Council’s position is still undefined on what to do with private property. Mayor Coleburn asked if the Town installed the pipe. Manager Vannoorbeeck replied he would guess the Town did. Mr. Glancy added it is near a Town ditch that drains from the entire block. Mayor Coleburn asked if it was worth looking at again. Councilman Moncure replied he and Councilman Scott and Councilman Tucker have looked at it twice. He said the problem is if we do it there then what do you do for everybody else. He said we have tread lightly on making iron clad decisions on what the Town’s policy will be. 9 Mayor Coleburn said he saw today town equipment grading a privately owned parking lot at the corner of Main and Maple Street. Manager Vannoorbeeck replied Council approved that, it just hadn’t been done. Mayor Coleburn said that is a private parking lot and when people see town equipment working it seems to send a different message. Councilman Moncure said that is a publicly used parking lot. Councilwoman Thompson asked if Mr. Glancy’s problem was major to fix. Manager Vannoorbeeck replied there is a drop inlet off his property and it needs to be cleaned, but the pipe from there to his property has floated. Councilman Green asked for a report on the cost and more details before voting, he asked if it was a right-of-way situation. Manager Vannoorbeeck replied he was not sure about a right-ofway but it is common water coming off of private property and Merchant Street. Mayor Coleburn asked that this item be on the agenda for July. Mr. Walter Mac Osborne Mr. Osborne thanked the Town for helping with the Cruise-In; they had 110 cars at the last one. Mr. Osborne said he was here as the Chairman of the Armory Group and thanked Council for approval of the flag raising ceremony. Mr. Osborne also thanked Council for supporting William Clarke’s event. Mr. Osborne said the Armory Group is working to try and bring the Night Out back to Blackstone on August 4th using the Armory and the street around it. Mayor Coleburn asked Mr. Osborne to contact Ms. Mattie Neal if he would about the Night Out. Mr. Osborne said he met with DBi and Mr. Lafayette Dickens about the grant. He added the Armory Board has almost doubled in size, he said they have changed their by-laws to allow more people and would like the Mayor to appoint someone to be part of the Board. Mr. Osborne introduced two new members of the Armory Board, Mrs. Barbara Gibbs and Mr. Tom Wilkinson. Mr. Osborne said he and Mrs. Bunnell met with Linda Sheffield from SVCC and they may possibly host a GED program. Mr. Osborne said he sent an email to Manager Vannoorbeeck, which is Unfinished Business #6, there is no need to act on that, we are just keeping Council informed. 10 Ms. Janice Hawkes Ms. Hawkes said she was here to talk about the electric bills. She said she was under the impression and had been told the Town charges minimum and not the actual for a person’s light bill. She explained her mother’s situation and was told by Treasurer Procise that the charge is for the minimum not for actual usage. She said if the lights are $6.72 the Town charges $25.00. Manager Vannoorbeeck replied that is correct. Ms. Hawkes said she looked at (7) meters herself, she said she has not been home since December and her light bill has been over $100.00. Manager Vannoorbeeck replied the utility bill includes water, sewer and garbage. Ms. Hawkes said just the minimum charges are $75.00 and now the Town is going up another 5% and she is not being billed for usage. Manager Vannoorbeeck explained the purpose of having a minimum bill is for the depreciation cost, a cost to provide utilities every month whether it is used or not. He still he still has to pay the lineman and people to maintain the water and sewer. He said whether or not you use the service the Town still has to have a minimum collection in order to pay for the maintenance of the system. Ms. Hawkes said she understood but there are people in Blackstone on fixed incomes and people only making minimum wage and they have to decide whether to pay their light bill or rent. Councilman Green said the minimum has not been raised in this budget. Ms. Hawkes replied a lot of people don’t know there is a minimum rate. Manager Vannoorbeeck said if we have a water line it still has to be fixed. He said the Town buys their electric from Dominion Power; they are less expensive per kilowatt hour than we are but we are dramatically less than Southside Electric. He added we have to charge per household for income. Mayor Coleburn said our system is landlocked; we are not growing like Southside Electric or Dominion Power. He said the best customers like Food Lion or Walmart; we don’t have them on our system. Ms. Hawkes asked how do you do the apartments. Manager Vannoorbeeck replied most apartments have a separate meter. Manager Vannoorbeeck said people that have a $600.00 light bill is not because of the meters, it is because of inefficiencies in homes. Ms. Hawkes asked how much is it costing per year for maintaining and employees. She asked could you come up with a figure and possibly break it down to be quarterly charged and then charge actual usage. 11 Councilman Green said he looks at it like buying a car, he finances it for 60 months then gets lucky and goes to the beach for a month and the car sits there, he still has to make the monthly payment. He added what Ms. Hawkes is asking would be a nightmare accounting wise. Councilman Green said it is your part of the system; we all have to pay for a part of the system. Councilman Moncure said for some of the apartments that have a separate meter the apartment complex pays for the water, sewer and garbage collection, which is being paid through the rent. Mayor Coleburn suggested contacting Mr. Noel Shekleton, he does home inspections and is very generous with his time and is concerned about the residents of Blackstone. Manager Vannoorbeeck said with the proposed rate increase that is a pass through from what we are being charged by Dominion Power is actually a 4% decrease with fuel adjustment and other charges for this year. He added the fuel adjustment dropped 42%. He said for the Country the rates will be going up due to environmental and clean air acts. Mr. David Patterson Mr. Patterson said with Virginia Power they have a budget payment plan that is covered by private businesses with donations. He asked how come we can’t do that with our local businesses. Mayor Coleburn replied we can ask. Manager Vannoorbeeck said we are already kind of doing something like that because the business and commercial meter already supplement the residential meters. Mayor Coleburn said we have a higher commercial rate and in Blackstone, the bigger users pay a higher kilowatt rate higher than you and I do in our homes. Mayor Coleburn asked if town staff would contact the local Walmart to see if they would give $2000.00 towards the Blackstone Electric Relief Fund, it would be first come first served. Ms. Theresa Bullard Ms. Bullard said she has been kind of forced to come here because of the light bills. She said she never wanted to live in Blackstone because the electric bills are so high. She added she lived in Crewe and never paid bills like this. Ms. Bullard said she does not like it hot in the winter and had her thermostat at 64 degrees and the other at 70 degrees and her bill was at $378.00 and it is just her. She said she has been home for a week and her meter is already at 25,000, she said her utility bill is almost as high as her mortgage. 12 Ms. Bullard said there is a family of (5) in her neighborhood and a man there is on a machine and their bill might be $70.00 higher than hers, she doesn’t understand. Mayor Coleburn asked Ms. Bullard if the home in Crewe was similar in size to her home in Blackstone. Ms. Bullard replied yes sir. Mayor Coleburn asked Ms. Bullard if she would mind if her meter was checked. Ms. Bullard replied she would not mind. Manager Vannoorbeeck said the Town of Crewe does not have its own electric system but Southside Electric and Virginia Power will average the bill for the course of the year. He added Blackstone doesn’t have the reserves to absorb the ebb and flow. Manager Vannoorbeeck said it was the Town’s intention to try and get a Planning Grant for home improvements in the Tavern and Broad Street neighborhood. MINUTES Councilman Tucker made a motion to dispense with reading and approve as presented the Minutes from a Special Called Meeting on May 12, 2015 and the Regular Council Meeting on May 19, 2015. The motion was seconded by Councilman Scott. VOTE: Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker Councilman Nash Councilman Moncure Councilman Hamner - Aye Aye Aye Aye Absent Aye Aye FIRE CHIEF’S REPORT Chief Tomer asked about the Resolution for the Knox Box. Manager Vannoorbeeck replied he didn’t have it prepared yet, he still needs to talk to Al Ellington. PAYMENT OF BILLS Manager Vannoorbeeck said the bills not yet approved were in the amount of $464,826.15. Councilman Green made a motion to approve the bills that have already been paid in the amount of $464,826.15. The motion was seconded by Councilwoman Thompson. 13 VOTE: Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker Councilman Nash Councilman Moncure Councilman Hamner - Aye Aye Aye Aye Absent Aye Aye Councilman Green made a motion to approve the bills to be paid in the amount of $209,956.67. The motion was seconded by Councilman Scott. VOTE: Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker Councilman Nash Councilman Moncure Councilman Hamner - Aye Aye Aye Aye Absent Aye Aye COMMITTEE REPORTS Buildings, Property & Cemetery – met 5-27-15 – minutes included in June’s Council Packet Chairman Green said Manager Vannoorbeeck approached the Committee about a speed bump at the Medical Center and after discussion it was recommended to install (2) speed bumps, one at each entrance. Councilman Green made a motion to install (2) speed bumps at the Medical Center at each entrance. The motion was seconded by Councilman Scott. VOTE: Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker Councilman Nash Councilman Moncure Councilman Hamner - Aye Aye Aye Aye Absent Aye Aye Chairman Green said the Committee discussed voting formally on the volleyball court. 14 Mayor Coleburn pointed out at the last meeting Mr. Lewis Johnson brought up the volleyball courts and they were discussed but no actual vote had been taken. Councilwoman Thompson made a motion to proceed with the volleyball court. The motion was seconded by Councilman Scott. VOTE: Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker Councilman Nash Councilman Moncure Councilman Hamner - Aye Nay Aye Aye Absent Nay Nay Mayor Coleburn voted yes and broke the tie. He said things were straight more or less at Wrigglesworth. Chairman Green said the Committee discussed accepting a proposal for the Town Shop and move forward with clean up. Councilman Green made a motion to accept the RFP presented by Mrs. Barbara Thompson of Blackstone Realty and indicate her firm as the agent of record. The motion was seconded by Councilman Moncure. Mayor Coleburn added Mrs. Thompson’s bid was receiving less commission. VOTE: Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker Councilman Nash Councilman Moncure Councilman Hamner - Aye Aye Abstain Aye Absent Aye Aye Councilman Green made a motion authorizing Manager Vannoorbeeck to use $36,000.00 allocated in the budget, if passed, to do as much environmental clean up as possible to aid in getting the Town Shop in a saleable condition. The motion was seconded by Councilman Tucker. Chairman Green said the spirit of the motion is we engaged in a real estate agent for the Square but we didn’t get behind it. He added this motion is to support our realtor in an effort to actively sell the Town Shop. 15 VOTE: Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker Councilman Nash Councilman Moncure Councilman Hamner - Aye Aye Abstain Aye Absent Aye Aye Street & Light – met 6-3-15 – minutes included in June’s Council Packet Chairman Tucker said the Committee discussed installing a 25 mph sign coming into town on Tenth Street. Councilman Tucker made a motion to install a 25 mph sign coming into Town on Tenth Street. The motion was seconded by Councilman Green. Councilman Green asked about other areas, like Ridge Road. Manager Vannoorbeeck replied Ridge Road was done last year but did suggest Courthouse and Hungarytown Road. VOTE: Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker Councilman Nash Councilman Moncure Councilman Hamner - Aye Aye Aye Aye Absent Aye Aye Chairman Tucker said curb and gutter on Stokes Street was discussed and voted to table the issue. Manager Vannoorbeeck said someone just purchased property on Stokes Street and is requesting curb and gutter but Manager Vannoorbeeck believed some residents have already said they are not interested. Clerk Daniel said in the Committee Meeting it was discussed that Manager Vannoorbeeck would talk to the neighbors and report back to the Committee. Councilman Tucker made a motion to table curb and gutter on Stokes Street. The motion was seconded by Councilwoman Thompson. 16 VOTE: Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker Councilman Nash Councilman Moncure Councilman Hamner - Aye Aye Aye Aye Absent Aye Aye Chairman Tucker said the Committee discussed a request for a stop sign at the intersection of Pickett Court and Forest Drive. Councilman Tucker made a motion to not put a stop sign at the intersection of Pickett Court and Forest Drive. The motion was seconded by Councilman Green. VOTE: Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker Councilman Nash Councilman Moncure Councilman Hamner - Aye Aye Aye Aye Absent Aye Aye Chairman Tucker said the Committee discussed painting out some of the turn lane to help the entrance at the old Medical Center. Manager Vannoorbeeck added if someone is traveling north on South Main Street, as they approach Mr. DeNitto’s new building, the turn lane eastbound at West Entrance Road is blocking the entrance. Councilman Tucker made a motion to paint out some of the turn lane on South Main Street near the old Medical Center. The motion was seconded by Councilman Moncure. VOTE: Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker Councilman Nash Councilman Moncure Councilman Hamner - 17 Aye Aye Aye Aye Absent Aye Aye Airport & Transportation – met 6-3-15 – minutes included in June’s Council Packet Chairman Moncure said the Airport Resolution had been signed and submitted. CONSENT AGENDA 1. 4th of July Motorless Parade 2. Millstone – Schwartz Tavern Councilman Green made a motion to approve the Consent Agenda items. The motion was seconded by Councilman Scott. VOTE: Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker Councilman Nash Councilman Moncure Councilman Hamner - Aye Aye Aye Aye Absent Aye Aye Mayor Coleburn asked how long the Millstone would be on display. Manager Vannoorbeeck replied he thought this was a two year deal and thought it would be on display until they decide not to let us use it. UNFINISHED BUSINESS 1. Award Landscaping Bid – Medical Center Mayor Coleburn asked who was doing the landscaping now. Manager Vannoorbeeck replied Roark’s Property Maintenance. Mayor Coleburn asked if Roark’s was doing a good job. Manager Vannoorbeeck replied it was adequate and had not heard any major complaints. Councilman Moncure made a motion to award the landscaping at the Medical Center to the low bidder which is Roark’s Property Maintenance in the amount of $1,494.00 annually. The motion was seconded by Councilman Tucker. 18 VOTE: Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker Councilman Nash Councilman Moncure Councilman Hamner - Aye Aye Aye Aye Absent Aye Aye 2. Award Replacement Windows Bid – Library Councilman Scott made a motion to award the replacement windows at the Library to the low bidder which is Blackstone Glass in the amount of $7,500.00. The motion was seconded by Councilman Green. VOTE: Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker Councilman Nash Councilman Moncure Councilman Hamner - Aye Aye Aye Aye Absent Aye Aye 3. Award Exterior Painting Bid – Library Councilman Scott made a motion to award the painting at the Library to the low bidder which is Clarence Gaulding for $5,650.00. The motion was seconded Councilwoman Thompson. VOTE: Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker Councilman Nash Councilman Moncure Councilman Hamner - Aye Aye Aye Aye Absent Aye Aye 4. Award Exterminating Bid Councilman Green made a motion to award the exterminating bids to the low bidder which is Critter Gitter in the amount of $1,494.00. The motion was seconded by Councilman Moncure. 19 VOTE: Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker Councilman Nash Councilman Moncure Councilman Hamner - Aye Aye Aye Aye Absent Aye Aye 5. Award Janitorial Services Bid Mayor Coleburn said we have a low bid from Grass Masters, who is the current cleaning company. He asked how they are doing. Councilwoman Thompson replied not good. Manager Vannoorbeeck added there could be some improvements. Mayor Coleburn said $620.00 is 100% cheaper than the others. Councilwoman Thompson said you get what you pay for. Manager Vannoorbeeck added he would address some things. Councilman Green asked if we could try it for six months. Mayor Coleburn asked to have cleaning on the Agenda in December. Councilman Green made a motion to approve Grass Masters for the cleaning services for six months in the amount of $620.00 a month with the understanding it can be extended for the additional six months. The motion was seconded by Councilman Hamner. VOTE: Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker Councilman Nash Councilman Moncure Councilman Hamner - 6. Grant Requests – The Armory Group This was discussed earlier in the meeting. 20 Aye Aye Aye Aye Absent Aye Aye ON-GOING PROJECTS 1. Dilapidated Buildings Manager Vannoorbeeck said everything that was condemned in the Town of Blackstone has been removed so he is starting another list. Manager Vannoorbeeck thanked the Fire Department for burning the house on High Street. 2. Meals Tax Manager Vannoorbeeck advised that everyone is paid up on Meals Tax. Manager Vannoorbeeck said a letter was provided by Attorney Bacon and she is asking that the charges be dismissed for Mr. Hanvey. Mayor Coleburn said he was asked by a member of Council if the Town wanted to dismiss the charges. Mayor Coleburn said what he thought was the concern is if we take restaurants to court that we are consistent. Councilman Green asked if all the attorney fees were collected. Mayor Coleburn added Attorney Bacon wants the Town to amend the Ordinance so in the future we can collect attorney fees. Councilman Green said we have restaurants struggling and Mr. Hanvey left and we had to search for him and go to court several times and now we are going to drop the suit. Mayor Coleburn asked for a report next month from Attorney Bacon about legal consistency. Councilman Moncure suggested adding the collection of legal fees to our Ordinance. Councilman Green said if memory serves him this is a Class 1 Misdemeanor and up to a $10,000.00 fine so why write it off. Mayor Coleburn referred to the Health and Ordinance Committee rewording the Ordinance to allow for collecting attorney fees. Councilman Green said he agreed with Mayor Coleburn but this man had a Bench Warrant, he did not show up for Court, he said it is a slap in the face to Council and the Court. 21 3. Street Improvement Projects Manager Vannoorbeeck said paving on South Main Street would start tomorrow. Mayor Coleburn said let’s make a mental note about this time schedule next time we do contracts, this has been going on about four months. Manager Vannoorbeeck said the Town was turned down for a grant application on North Main Street. 4. Church Street Project Manager Vannoorbeeck said in Councilwoman Thompson’s Ward there is a significant drainage project being worked on. He said there will an appreciable amount of easements on private property for the pipe work. He added there is no Town money going into this project it will be coming from DHCD. He said the work will be bid out through the David Bacon Rules. Manager Vannoorbeeck said the water and sewer lines underneath are not in great condition so we may have to replace some of them. He said with the water line at the intersection of Freeman and Green it needs to be replaced. Councilwoman Thompson made a motion authorizing Manager Vannoorbeeck to seek bids for replacing 1,100 sq. ft. of sewer and 500 lf of water on Second Street. The motion was seconded by Councilman Scott. VOTE: Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker Councilman Nash Councilman Moncure Councilman Hamner - 5. Wrigglesworth Sports Complex Nothing to report. 6. Downtown Planning Grant Nothing to report. 22 Aye Aye Aye Aye Absent Aye Aye 7. Seay Park – Revenue Sharing Nothing to report. NEW BUSINESS 1. Right-of-Way Easement - Airport Manager Vannoorbeeck said this is an easement for the overhead power located primarily on what was the Town’s property but now owned by Mr. Allman, they will be making this underground. Councilman Green said this will enhance the Town’s property. Councilman Green made a motion authorizing Manager Vannoorbeeck to sign the right-ofway easement for the Airport. The motion was seconded by Councilman Scott. VOTE: Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker Councilman Nash Councilman Moncure Councilman Hamner - Aye Aye Aye Aye Absent Aye Aye COMMITTEE REFERRALS 1. Center Street Ditch Manager Vannoorbeeck said this is on private property and being requested by Shirley Smith. Mayor Coleburn referred the Center Street ditch to the Street and Light Committee. Manager Vannoorbeeck said there is a rotten tree in front of 504 E. Broad Street. Mayor Coleburn referred the tree at 504 E. Broad Street to the Street and Light Committee. Manager Vannoorbeeck said there is a tree on Taylor Street next to Mrs. Maben. Mayor Coleburn referred the tree on Taylor Street to the Street and Light Committee. 23 Councilman Scott made a motion authorizing Manager Vannoorbeeck to seek bids for the generator maintenance. The motion was seconded by Councilwoman Thompson. VOTE: Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker Councilman Nash Councilman Moncure Councilman Hamner - Aye Aye Aye Aye Absent Aye Aye Councilman Tucker said the bushes needed to be cut at Hurt and Dinwiddie Avenue. MAYOR’S MINUTE Mayor Coleburn said he had a letter from Spring Hill Baptist Church inviting the Mayor and Council to their dedication of the new church addition on Sunday, July 5, 2015 at 3:00 p.m. POLICE REPORT Nothing to discuss. CITIZEN COMMENTS Mr. David Patterson said he still says it would be wrong to cut back on the fire services and rescue services because if could be a matter of life and death. He asked if the Town would be liable if something happens to someone because of the vote. Mayor Coleburn said he would answer questions he knows the answer to. He said next Tuesday at 7:00 p.m. Council will meet for the purpose of adopting a budget and thought this Council would make some points justifying proceeding or not proceeding. Mr. Patterson was asking if the Town could be sued. Mayor Coleburn replied the Town can always be sued. Mr. Lewis Johnson asked about the rules and regulations not being posted at the ball fields because there have been a few incidents. Councilman Moncure said he was under the impression the Recreation Committee was tasked with coming up with a complete set of dos and don’ts. 24 Councilman Scott said there are rules posted on the gate at the baseball fields. Mayor Coleburn asked if you could smoke at the basketball court, you shouldn’t be able to. Manager Vannoorbeeck said the Committee was tasked with use rules for the baseball and softball fields. He said if we need to come up with something we will, he didn’t think the list that the Committee came up with was posted. Manager Vannoorbeeck said they would come up with a simple set of rules for the basketball court. Mr. Johnson asked about the lights for the basketball court. He said it’s not fair when they are still playing softball at 10:00 p.m. and there are no lights for the basketball court. Mayor Coleburn asked Council if they wanted to make an exception. Mr. Johnson thanked Council for approving the volleyball court, he said this is not for Lewis Johnson; he is speaking for the people. Councilman Green asked what has been committed to the residents on Oak Street about the lights at the basketball court. Manager Vannoorbeeck replied as far as he knew 9:00 p.m. Councilman Moncure said he wanted to be careful not to get in an area that there is misinterpretation, he said there are too many variables that could change. Councilman Green said he didn’t like the idea of doing it during the tournament, let’s set a date. Councilman Green made a motion effective immediately through July 31, 2015 basketball will be expanded until 10:00 p.m. The motion was seconded by Councilman Scott. VOTE: Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker Councilman Nash Councilman Moncure Councilman Hamner - 25 Aye Aye Aye Aye Absent Aye Aye There being no further business to bring before Council, Mayor Coleburn declared the meeting adjourned at 8:46 p.m. ______________________________MAYOR OF THE TOWN OF BLACKSTONE, VIRGINIA _______________________________APPROVED AND ADOPTED _______________________________TOWN CLERK OF THE TOWN OF BLACKSTONE, VIRGINIA 26