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, August 25, 2014 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; Chris Snead, Bookkeeper; Tony Mayton, Sgt.; Glen Hart, Fire Chief Town Attorney: Those Absent: Chief Kuzmiak, Jennifer Beck Mayor Coleburn called the August Council Meeting to order. Mayor Coleburn said some members of Council have had a change in their lives. First he welcomed Mr. Wade Hamner as the Ward B Representative. Mayor Coleburn said Councilman Nash had recently welcomed a new baby in their household and to top it off their family pet that was missing for (2) months was found today. Councilman Nash delivered the Invocation. Mayor Coleburn led the Pledge of Allegiance. Mayor Coleburn added Jennifer Beck had also had her baby. 1 PUBLIC HEARINGS Discharge of Firearms NOTICE OF PUBLIC HEARING TOWN OF BLACKSTONE The Blackstone Town Council shall hold a Public Hearing at 7:00 p.m., August 25, 2014 in the Blackstone Town Council Chambers, 100 W. Elm Street, Blackstone, Virginia. The Public Hearing has been called to consider an Ordinance amending and reenacting Section 38-46, Discharge of Firearms, of the Town of Blackstone Town Code. Specifically the proposed ordinance would eliminate the Towns current permit requirement to discharge pneumatic guns within the Town limits. Additionally, the proposed ordinance would make the Towns ordinance consistent with the Code of Virginia. Manager Vannoorbeeck said the Ordinance revisions being proposed tonight applied specifically to pneumatic guns, by definition BB guns and pellet rifles. He said currently the Blackstone Police Department issues permits based on the discretion of the Chief. He added Chief Kuzmiak came to him with the State Code section that does not permit the Town to require the permit. Manager Vannoorbeeck said the changes to our Ordinance allows the use of BB guns and pellet rifles to be used in the Town of Blackstone, where appropriate and not crossing the boundary of a property but no longer requires the permit. Mayor Coleburn asked if this was saying if you want to shoot a squirrel on your property with a pneumatic gun you may do so. Manager Vannoorbeeck replied there are some issues regarding hunting and still needs to be in compliance with the State Code, so this Ordinance does not specifically say you can shoot a squirrel. Mayor Coleburn asked if there was anyone here to speak for or against this proposed Ordinance. Mayor Coleburn closed the Public Hearing. Councilman Green made a motion to amend and enact the Discharge of Firearms Ordinance pertaining to pneumatic guns. The motion was seconded by Councilman Nash. 2 VOTE: Councilman Nash Councilman Moncure Councilman Hamner Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker - Aye Aye Aye Aye Aye Aye Aye Enumeration of Prohibited Noises NOTICE OF PUBLIC HEARING TOWN OF BLACKSTONE The Blackstone Town Council shall hold a Public Hearing at 7:00 p.m., August 25, 2014 in the Blackstone Town Council Chambers, 100 W. Elm Street, Blackstone, Virginia. The Public Hearing has been called to consider an Ordinance amending and reenacting Section 26-51, Enumeration of Prohibited Noises, of the Town of Blackstone Town Code. Specifically the proposed ordinance increases the distance from which amplified sound may be audible from outside a vehicle. This proposed ordinance would increase the distance from the current twenty (20) feet to one hundred (100) feet. Mayor Coleburn said this was to amend the Noise Ordinance to make it more prosecutor justice friendly. Manager Vannoorbeeck pointed out that included in the Council Packet was a memo from Attorney Bacon recommending the enumeration of noise from a moving vehicle go from 20’ to 50’. He said there had been some question with her and the Commonwealth’s Attorney, Terry Royal prosecuting noise complaints from moving vehicles. Manager Vannoorbeeck said the current Ordinance is if music coming from a vehicle can be heard 20’ is deemed illegal but Terry Royal did not agree with the distance. He said Attorney Bacon’s recommendation was 50’ however Ms. Royal in order to prosecute will enforce 100’, which is what is being proposed in the Ordinance. Mayor Coleburn opened the Public Hearing. Mayor Coleburn asked if there was anyone here to speak for or against the proposed change to the Town’s Noise Ordinance. He said this mainly applies to vehicles but also a part of the Noise Ordinance is if you are having a party at your house if the noise is audible beyond the property line you are in violation. 3 Ms. Edmonds said concerning noise, she lives at the corner of Luke and Green Street and the cars come by with all the windows down and the music is so loud you can hear it in the house and when you are in bed at night. Mayor Coleburn explained what we are trying to do is make sure when an officer writes a ticket it will stick in court. He said it may sound like the Town is trying to relax the Ordinance which by the letter of the law it is but will allow more tickets to be not only written but upheld in court. Mr. Hogg said so what is being said is the police have to be 100’ away to write the ticket because the houses are not 100’ away. A lady from the audience asked how do we know who is making the noise. Mayor Coleburn replied if you hear loud noise from inside your home call the Blackstone police. She asked if they should get a license number. Mayor Coleburn replied that is helpful. Mayor Coleburn closed the Public Hearing. Councilman Nash said they need to write tickets and enforce it, not have it on the books for no reason. Councilman Green asked if he was the only one in the gray area with 50’ and 100’ and the Commonwealth’s Attorney is going to dictate to us what ordinances we write. Councilman Moncure said we are asking the Commonwealth’s Attorney if it is alright for us to use 100’, she should accept what we have written as the law and prosecute. Mayor Coleburn said there is a process in this country and this is sort of a gray line but we take comfort in this room that her motivation is to see more tickets upheld because she is concerned with what she sees as some judges may be activists. He said she was concerned that someone may get stopped for the noise and it lead to something really big but because the stop was unjust the whole thing gets thrown out. Councilman Green said he had not had a chance to speak with Ms. Royal but if that is the case then he is all for it. Councilman Moncure made a motion to adopt the Enumeration of Prohibited Noise Ordinance as advertised at 100’. The motion was seconded by Councilman Nash. 4 VOTE: Councilman Nash Councilman Moncure Councilman Hamner Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker - Aye Aye Aye Aye Aye Aye Aye VISITORS Mr. Lewis Johnson Mr. Johnson said you all might not like what he has to say but give him the opportunity to finish before he is interrupted. Mr. Johnson said he was here tonight because a lot of citizens of Blackstone think they are not being treated fairly, especially African Americans, we are not being treated the same, even Council members are voting against us and the stuff being brought before Council is for a cause. Mr. Johnson said he brought (3) things to Council, the light bill, which is helping everybody, if it won’t for Mr. Eaton the bills wouldn’t have been changed. He said the only thing he heard is the black people weren’t spending their money right but the point is it is benefitting everybody even the white people are enjoying it. Mr. Johnson said the basketball court, nobody wanted that and we had to fight for that, but when the baseball field started and 90% white kids play that was no problem. He said we can’t even get lights for the basketball court; it is part of the sports complex. He said he is only hearing about black people doing drugs, white people do drugs there too, and they are drinking and carrying beer in the games. Mr. Johnson said if you can say it behind closed doors say it in public, it is not right we deserve lights like everybody else. He said the kids can’t play basketball because it will start getting dark earlier, but they can play softball. Mr. Johnson said he has been lied to so many times by the Town Manager and even the Council, it’s been so many times he said he should put a sign on his head “tell me another lie”. Mr. Johnson said a promise was made to him about sidewalks if he could get Nottoway County on board and he talked to a certain person and made it happen. He said when Council found out it happened then you voted no and then you went back and recounted yourself, how do you think that makes you look after you agree to something then change your mind. 5 Mr. Johnson said Mr. Green knocked on everybody’s door on Nottoway Avenue and once elected made that change, that’s not right. Councilman Green replied he would not have voted for it to begin with. Mr. Johnson said he wanted to give credit to Mr. Scott and Mrs. Thompson for standing their ground because it is wrong. Mr. Johnson said the Town doesn’t have any money then why sell a building for $5.00. He said if it was Brunswick and College Avenue the sidewalk would never have been denied. He said he has his own people voting against him, you need to stand up. Mr. Johnson said people need to correct Mr. Moncure when he makes remarks like next they will want us to pave their driveway, we didn’t ask about driveways just the sidewalk. Mayor Coleburn said Mr. Johnson said something tonight that concerns him, if there is drug and alcohol use anywhere in Town, especially on town property he thought everyone here would want that stopped immediately, he did not know about this. Mr. Johnson said you know what people are saying and why they didn’t want a basketball court and it’s not even happening there. Mr. Johnson asked why don’t we have lights at the basketball court, it would take two lights, 90% of black kids play basketball. Mayor Coleburn asked Mr. Johnson if lights were to be installed would he be opposed to a time period. Mr. Johnson replied no because people have to sleep over there. Councilman Nash asked Mr. Johnson where did the percentage with whites and blacks playing baseball come from. Mr. Johnson replied you can go out there and look. Councilman Nash added that is incorrect because he checked this year, and it is 48% white and 46% black. Mr. Johnson said that doesn’t mean anything, we are still being treated differently. Councilman Tucker told Mr. Johnson for him to come beat up on the Council like he just did was wrong. He said yes he didn’t vote for the process at first because he wanted to see the situation and he went and looked at it, we can’t just do a project without checking it out and getting information together, which is what we did and everybody came back and was in agreement with it. He said the Council has more than one project going on and it takes time to do all of this. He said for Mr. Johnson to come here with his agenda to bash us is wrong. Mr. Johnson told Councilman Tucker he was wrong for not supporting us. He said the sidewalks were already approved and he had plenty of time to go look at it. 6 Mayor Coleburn said Mr. Johnson has brought some legitimate issues to Council in the past; the good news is the sidewalk project is moving forward. Mayor Coleburn said we do have a basketball court, he is pro basketball and would like to see (2) courts. He said the lighting issue has been delayed but the request sounds reasonable to him but he was not on the Recreation Committee which has discussed it previously. He said he wants to focus on things that bring us together, he said the wheels of progress grind slowly sometimes, but they do move forward. He said Mr. Johnson has brought things to Council that has resulted in action. Councilman Nash said Mr. Johnson mentioned we have betrayed his people, being 28 years old he has never even been close to racism and hates that he thinks we are against his people, we are not, the issue with Nottoway Avenue was who was paying for it, there was no issue with color at anytime. Mr. Johnson said forget about the sidewalks they are already done, but as African Americans we feel we are not being treated equally in this Town, you all do not see it because it is not happening to each of you. Councilman Green said the Finance Committee has met and discussed a 5-7 year plan to enhance the ballpark complex, they are envisioning tennis courts, walking trails and anything else that can be on the property. He said he sees Wrigglesworth just being born, not finished. He added but it has to be budgeted for and in due time. Councilman Green asked Mr. Johnson about the closed door meetings, was he accusing him or members of Council. Mr. Johnson replied everybody knows people talk on the side, that’s life if happens. Councilman Green said he didn’t appreciate the accusations. Mayor Coleburn asked the Parks and Recreation Committee to look into lights at the basketball court. Mr. Waymond Mitchell Mr. Mitchell started off by agreeing with Mr. Johnson. He told Mr. Tucker that this was the place to bring his concerns, you all voted on it before. Mr. Mitchell said he was here to talk about handicap parking and described what he had seen around town. Councilman Nash asked if it was enforceable in a private lot. Mayor Coleburn replied he believed so. Mayor Coleburn asked Sgt. Mayton if they write handicap violations. Sgt. Mayton replied we do, we can write tickets anywhere for a handicap parking zone. 7 Ms. Debra Rhoades Ms. Rhoades said they are in Mrs. Thompson’s Ward on Luke and Falls Street. She said they were having a family gathering this weekend and would like the streets closed at Luke and Green Street. Manager Vannoorbeeck clarified between Luke and Falls Street on Green Street. Councilman Green made a motion to approve the street closure on Green Street from 4:30 p.m. to 10:00 p.m. on Saturday, August 30, 2014 for a family gathering. The motion was seconded by Councilwoman Thompson. VOTE: Councilman Nash Councilman Moncure Councilman Hamner Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker - Aye Aye Aye Aye Aye Aye Aye Ms. Rhoades said she was requesting work for their ditch line; she had not received any response to her request. She said she has been there for 35 years and the ditch is eroding and washing into her property. Mayor Coleburn referred the ditch at 200 Hardy Street to the Street and Light Committee. Ms. Rhoades asked for Children Playing signs on her street because there are small children in the neighborhood. MINUTES Councilman Nash made a motion to dispense with reading and approve as presented the Minutes from the Continued Meetings on June 23, 2014, June 30, 2014 and July 29, 2014 and the Special Called Meeting on July 7, 2014. The motion was seconded by Councilman Tucker. VOTE: Councilman Nash Councilman Moncure Councilman Hamner Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker FIRE CHIEF’S REPORT 8 - Aye Aye Aye Aye Aye Aye Aye Chief Hart apologized for not having a fire report this month but will have one for next month. Chief Hart asked for permission to conduct the annual Boot Drive the day of Arts and Crafts. Councilman Nash made a motion to allow the Fire Department to conduct their Boot Drive on Saturday, September 13, 2014. The motion was seconded by Councilwoman Thompson. Mayor Coleburn asked what time and where they would be located. Chief Hart replied on Dinwiddie, North Main, North West, Church Street and South Main Street from 8:00 a.m. to 1:00 p.m. VOTE: Councilman Nash Councilman Moncure Councilman Hamner Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker - Aye Aye Aye Aye Aye Aye Aye Chief Hart asked for permission to display their banners for the Boot Drive and Open House when it comes time. Councilman Nash made a motion to approve hanging the banner for the Fire Department’s Open House at the Post Office with the fee waived. The motion was seconded by Councilman Scott. VOTE: Councilman Nash Councilman Moncure Councilman Hamner Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker - Aye Aye Aye Aye Aye Aye Aye Chief Hart said the Open House for the Fire Department will be October 13th. 9 Chief Hart asked to clarify one thing that he noticed in last week’s paper about the Fire Department wanting to retain the old tanker, he said that’s why we came to Council asking to spec bids. Mayor Coleburn said he didn’t know the answer so asked the Town Manager about the tanker and it was said he heard some wanted to retain the tanker and some wanted to sell it. He said his only point was as a matter of process if the tanker is sold it would have to be declared surplus by Council and bids sought. Chief Hart said it was in the minutes about whether this truck would be used within Blackstone’s Corporate Limits. He said the answer is yes, we do have areas within the Town that there are no hydrants that we serve. He added it will serve Nottoway County but also benefit within the Corporate Limits. Mayor Coleburn asked Chief Hart if the department intends to sell the 1991 tanker. Chief Hart said it was his intentions to follow the Town’s wishes. Chief Hart said there is a safety issue on Oak Street, there is one stop sign up and so far it has worked well. He said from that stop sign to West Entrance Road it is a drag strip. He suggested putting in stop signs at 4th Street. He said his primary concern was for the youth at the sports complex. Mayor Coleburn said he agreed it should be made inconvenient for the cut thru people. Mayor Coleburn referred a second stop sign on Oak Street to the Street and Light Committee. Chief Hart notified Council that he would not be seeking re-election, he said February 2014 his life was turned upside down because one of the most valuable things to him was in the hospital for multiple days and it scared him, so as October of this year he would be stepping down as Chief to spend more time with his beautiful wife. He said he would not be completely gone but in order to be fair to the Department, the citizens and Council it requires a majority of his time which will now be going towards his wife. Chief Hart said it has been a pleasure to work with Council and next month he may not be here for the meeting so he asked Council to work with the next Chief and be patient with him. Mayor Coleburn said he appreciated Chief Hart’s service. PAYMENT OF BILLS Mayor Coleburn said the bills not yet approved were in the amount of $517,547.97. 10 Councilman Nash asked about Treasurer of Virginia for janitorial supplies for $2,150.00. Ms. Snead replied twice a year from state bid we order paper towels, hand soap and other supplies. Mayor Coleburn asked about hotel stays. Councilman Green replied it may be from VML. Manager Vannoorbeeck added some employees went to Atlanta for fueling school. Councilman Moncure made a motion to approve the bills that have already been paid in the amount of $517,547.97. The motion was seconded by Councilman Nash. VOTE: Councilman Nash Councilman Moncure Councilman Hamner Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker - Aye Aye Aye Aye Aye Aye Aye Councilman Scott asked about a plate from the Discretionary Fund. Manager Vannoorbeeck replied it was a small plate purchased for the flagpole at Wrigglesworth for the donations. Councilman Green said he took exception to a Street Department bill from Jack Hodge in the amount of $6,300.00. Manager Vannoorbeeck said if you look at Mr. Hodge’s contract there are two different billings with $150.00 an hour for consulting and $60.00 an hour for inspections. He said the invoice didn’t clarify certain dates when he did work whether it should be $150.00 or $60.00 per hour. Mayor Coleburn said he thought when Mr. Hodge comes to the Council meetings that is consulting. Councilman Green said there was a question in his mind about the Building and Grounds Meeting that he charged $300.00 for and he did not solicit his visit. Councilman Green made a motion to approve the bills to be paid in the amount of $170,012.37 with the exception to $6,300.00 from Jack Hodge. The motion was seconded by Councilman Nash. 11 VOTE: Councilman Nash Councilman Moncure Councilman Hamner Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker - Aye Aye Aye Aye Aye Aye Aye Councilman Scott asked about an invoice from the Water/Sewer Department for a pump in the amount of $4,478.00. Manager Vannoorbeeck replied it is the replacement pump for the Nottoway Avenue Sewer Pump Station. Councilman Scott asked about an invoice for $20,492.83. Manager Vannoorbeeck replied it is the last quarterly payment for the Industrial Park Tank and though it is being paid this month it will be accrued to the last fiscal year. COMMITTEE REPORTS Health & Ordinance – met 7/23/14 & 8/4/14 – minutes included in August’s Council Packet Mayor Coleburn clarified that Health and Ordinance had two meetings. Manager Vannoorbeeck said there had been a request from an individual about the return of deposits, which is an Ordinance so there will need to be an ad to change this. Manager Vannoorbeeck said right now you have to have (12) calendar months of unblemished payments, so January through December to get your deposit back and then it is returned in February. He said in the current Ordinance it just says (12) months so it needs to be clarified as a calendar year. Mayor Coleburn said we want the people to get their money back as soon as they can. Manager Vannoorbeeck said that is what needs clarification do we want to process deposits on a monthly basis. Mayor Coleburn asked how catastrophic would that be for town staff. Treasurer Procise replied some months we may not have anybody and others we could have a lot but we can do it. Mayor Coleburn asked if there were good records kept about when people move to Town. Treasurer Procise replied yes it is marked with a meter deposit date. Ms. Snead added this does not count the people that cancel their service, they get paid that month. 12 Councilman Moncure made a motion that the policy reflect the Ordinance for deposit refunds. The motion was seconded by Councilwoman Thompson. Councilman Moncure changed his motion to reflect a change in the Ordinance to strike the last sentence in Section A, “these deposits shall be processed and returned annually on the first day of February” and (12) months remain. The motion was seconded by Councilwoman Thompson. Mayor Coleburn asked for a target date. It was agreed January 1, 2015. VOTE: Councilman Nash Councilman Moncure Councilman Hamner Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker - Aye Aye Aye Aye Aye Aye Aye Manager Vannoorbeeck said currently the Town does not reward people with Lodging Tax as done with Meals Tax. He said there is a 2% benefit if you pay your principal amount before a certain period of time. He said a certain individual has asked about Lodging Tax, which the Ordinance does not reward someone for paying early and is requesting that Lodging Tax be included as one of the taxes with a 2% discount before the deadline. Councilman Green said he objects to the whole 2% because we are collecting tax dollars that is required by law to escrow and pay once a month but on the flip side if we do it for one we should do it for all. Manager Vannoorbeeck said this would require an Ordinance amendment. Councilman Nash made a motion to amend the Lodging Tax Ordinance to include the 2% discount for those in that business that pay by the 20th of the month, effective next month. The motion was seconded by Councilwoman Thompson. VOTE: Councilman Nash Councilman Moncure Councilman Hamner Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker 13 - Aye Aye Aye Aye Aye Aye Aye Councilman Moncure asked who do we collect Lodging Tax from. Mayor Coleburn replied the Grey Swan Inn and the Wedgwood. Councilman Moncure asked about VUMAC. Mayor Coleburn asked Manager Vannoorbeeck to engage Attorney Bacon about that. Manager Vannoorbeeck said spreading dirt on private property was a mute issue; it had already been taken care of. Manager Vannoorbeeck explained the Committee recommended 4 or 5 times a year that banners with no sponsorship and a certain size for charitable causes be allowed on town owned property. Councilman Nash made a motion to amend the Banner Ordinance and allow (5) times a year with no sponsorship and 32 square feet banners on town owned property. The motion was seconded by Councilman Moncure. VOTE: Councilman Nash Councilman Moncure Councilman Hamner Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker - Aye Aye Aye Aye Aye Aye Aye Manager Vannoorbeeck said the Committee recommended allowing electrical inspections by email. He said this is not an Ordinance it is Policy. He said currently when there is a (6) month lapse in service it has to be inspected by a licensed electrician and the policy states it must be presented in person. Manager Vannoorbeeck said the Committee recommended allowing the inspection by email or fax but to include the contractor’s license. Councilman Scott made a motion to revise the Reconnect Policy where inspections can be faxed or sent by email along with a copy of the contractor’s license. The motion was seconded by Councilman Tucker. 14 VOTE: Councilman Nash Councilman Moncure Councilman Hamner Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker - Aye Aye Aye Aye Aye Aye Aye Manager Vannoorbeeck said there is a possible applicant for the Loan Pool and Mr. Dickens was here for any questions. Mayor Coleburn said those who have used the Loan Pool have done so wisely but didn’t think it was a vital core function of government, is it hard to manage. Manager Vannoorbeeck replied Jennifer Beck handles the day to day. Councilman Green made a motion to recommend the Loan Pool document presented as well as authorizing the Mayor and Town Manager to execute. The motion was seconded by Councilman Moncure. Mayor Coleburn asked how much was in the Loan Pool right now. Manager Vannoorbeeck replied $49,000.00. Mayor Coleburn said you get so much for each new job created. Manager Vannoorbeeck replied $10,000.00 per full time position. VOTE: Councilman Nash Councilman Moncure Councilman Hamner Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker - Aye Aye Aye Aye Aye Aye Aye Manager Vannoorbeeck said we have some ladies in attendance from Clay’s and there was no formal recommendation but if there are any questions. Mayor Coleburn welcomed the ladies and said the minutes showed where they appeared before Committee previously and is still ongoing. Manager Vannoorbeeck said their issue is with zoning. 15 Account & Finance – met 7/28/14 & 8/20/14 – minutes included in August’s & September’s Council Packet Chairman Green said the first recommendation was to relieve the Treasurer from collecting delinquent Real Estate and Personal Property taxes in the amount to $968.00 which exceeds the (20) years in Real Estate and (5) years Personal Property. Manager Vannoorbeeck explained the list at Council’s desk is actually the list to be voted on which exceeds the (20) years in Real Estate and (5) years Personal Property. He said the list in the Council Packet is the delinquents for 2013. Mayor Coleburn asked if the Town would stop trying to collect or is this just procedural. Manager Vannoorbeeck replied the State Code does not allow us to pursue but if we have the opportunity we can collect. Councilman Nash made a motion to relieve the Treasurer from collecting delinquent Real Estate and Personal Property taxes which exceed the (20) years in Real Estate and (5) years Personal Property. The motion was seconded by Councilman Green. VOTE: Councilman Nash Councilman Moncure Councilman Hamner Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker - Aye Aye Aye Aye Aye Aye Aye Chairman Green said the Committee recommended that we do not advertise the 2013 delinquent Real Estate and Personal Property taxes. He said this was discussed with Treasurer Procise and we are really not getting the bang for our buck, the Committee didn’t think it was a good investment. Mayor Coleburn disclosed that his family runs the newspaper and they certainly benefit financially from the Town advertising. Mayor Coleburn asked when the ads are placed does anyone from the newspaper contact the Town and ask to run the ad. Treasurer Procise replied nobody calls. Mayor Coleburn asked if this had not been cost effective why has it not been discontinued previously. Councilman Green replied probably because nobody had the courage to bring it up. Councilman Moncure said he brought it up previously and discussed the font size. 16 Mayor Coleburn said it looks like the values advertised are small amounts so if people do come in it is still a small amount getting paid. He said it is cost effective for the County because of bigger land owners. Councilman Green made a motion to not advertise the 2013 delinquent Real Estate and Personal Property taxes. The motion was seconded by Councilwoman Thompson. VOTE: Councilman Nash Councilman Moncure Councilman Hamner Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker - Aye Aye Aye Aye Aye Aye Aye Chairman Green said a proposed Budget Calendar was provided at Council’s desk and would like it adopted by Council. He said the goal was to be (6) weeks ahead of normal. He added it is the Committee’s desire to do the grunt work but take direction from Council. Councilman Moncure made a motion to approve the proposed Budget Calendar presented. The motion was seconded by Councilman Tucker. VOTE: Councilman Nash Councilman Moncure Councilman Hamner Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker - Aye Aye Aye Aye Aye Aye Aye Councilman Green made a motion to authorize Attorney Bacon to seek remedy for the collection of delinquent Meals Tax including prosecution if necessary to collect $1,900.00 from one individual/business. The motion was seconded by Councilman Nash. Mayor Coleburn asked how late is the Meals Tax and are they still operating today. Treasurer Procise replied they are not operating. 17 VOTE: Councilman Nash Councilman Moncure Councilman Hamner Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker - Aye Aye Aye Aye Aye Aye Aye Mayor Coleburn asked how does the Town plan if they are not going to advertise to notify for delinquent taxes. Treasurer Procise replied in February we send out delinquent notices and Nottoway puts their ad in the paper first so we get more from their ad. Manager Vannoorbeeck said the best way to handle the Personal Property is with the DMV stops. Buildings, Property & Cemetery met 8/21/14 & 8/22/14 – minutes to be included in September’s Council Packet Chairman Green said a proposal was provided to members on the Harris Memorial Armory and asked for a Closed Session to discuss tonight. Mayor Coleburn said he would schedule the Closed Session. Chairman Green said also there is a verbal offer for real estate at the Airport and he would like a Closed Session for that as well. Councilman Moncure said he would like to also discuss some comments raised by Mr. Johnson in Closed Session. Mayor Coleburn said Councilman Green’s requests are allowed for by law but comments made in public we can’t go in Closed Session to discuss what we didn’t like. He said if you cite legal counsel you have to have the Town Attorney present. Mayor Coleburn said there is no better Town than Blackstone when it comes to being notified by email but Committee Meetings should begin in these Chambers, they should not start in an office, Closed Session he understood. He added but when people come in that door it is a big deal and having to find the right office and find out there are not enough seats that’s prohibited to open transparent government. Manager Vannoorbeeck said we have been meeting in the Chambers but it is at the discretion of the committee head or chairman of a particular committee. 18 Councilman Green said he probably chairs these committees and we have had a few meetings that he wanted a round table discussion to get shoulder to shoulder to work on things. He said he understood and took it in good spirit. Chairman Green said Mrs. Bev Ring of South Main Street contacted him after he was elected with complaints about traffic so the speed trailer was put out and she is happy about that. Chairman Green said Mrs. Ring showed him her masonry wall that runs parallel to the sidewalk in front of her home and when Colony Construction was repaving Main Street a truck turned around and backed into the wall that caused considerable damage. Manager Vannoorbeeck added this was several years ago. Chairman Green said Mr. Palmore talked with her and promised either the Town or Colony would fix it and for whatever reason it hasn’t been fixed. Mayor Coleburn said he liked her but it being on private property that is a tricky situation. Chairman Green said he was asked to look into it and that’s what he is doing. He said it is about a $1,200.00 fix. Councilman Nash said it should have been the contractor’s responsibility years ago. Mayor Coleburn said Council speaks through its motions, there was no motion. Chairman Green asked Manager Vannoorbeeck to explain the appraisal process. Manager Vannoorbeeck said he engaged Andy Austin for appraisal services and did seek prices which are included, and the low bid was for $2,000.00. Mayor Coleburn asked the price of Duncanson. Manager Vannoorbeeck replied $4,000.00. Manager Vannoorbeeck said at worst case it will be (30) days so we are into the second week. He said this is for a portion of a parcel in the Industrial Park. Mayor Coleburn asked for a report at the next meeting. CONSENT AGENDA 1. 2. 3. 4. BYRA Yard Sale Cruise-In Parking Trunk or Treat Heritage Hall – Street Closure 19 Councilman Green made a motion to approve the Consent Agenda as presented. The motion was seconded by Councilman Nash. VOTE: Councilman Nash Councilman Moncure Councilman Hamner Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker - Aye Aye Aye Aye Aye Aye Aye UNFINISHED BUSINESS 1. Pickett Court Manager Vannoorbeeck said the Committee recommended posting no parking on the inside lane, he has not done so in fairness in order for Councilman Hamner to speak with his constituents or hold a public meeting. Councilman Green said it was his understanding after talking with the Town Manager he was directed to put signs up and they are starting to come in. He said he felt we needed to stop the process and give Councilman Hamner a chance to get to know his constituents. Councilman Green made a motion to table the Pickett Court parking until we can hear back from Councilman Hamner. The motion was seconded by Councilman Nash. Councilman Nash asked if the Town had bought signs. Manager Vannoorbeeck replied no they have not been purchased, but he does need to do some paving over there. Councilman Hamner said he thought a lot of the people don’t own the property so we would need to find the land owners as well. Manager Vannoorbeeck said Council had asked him to talk to legislators about enforcing the 15 MPH posting, so now that we are getting into the legislative cycle and this came up afterwards last year. Councilman Nash made a motion to authorize Manager Vannoorbeeck to engage legislators about enforcing the 15 MPH speed limit. The motion was seconded by Councilman Hamner. 20 VOTE: Councilman Nash Councilman Moncure Councilman Hamner Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker - Aye Aye Aye Aye Aye Aye Aye 2. Council Votes Mayor Coleburn said at the last meeting there was a situation with a 3-2-1 budget vote and thought the Code said if you are going to spend more than $10,000.00 you have to have 2/3 majority of Council which is (5) votes which is why we had to do a redo. Mayor Coleburn said it takes (5) votes to override a veto. Manager Vannoorbeeck said the Code says 2/3 vote for the appropriation but when it says 2/3 of Council does that mean representing the quorum. Councilman Green replied yes. Manager Vannoorbeeck said we agree that 2/3 of Council means 2/3 of the quorum unless it says otherwise, elected to Council means that. Mayor Coleburn said elected to Council is not always (7) because when we had the vacancy we only had (6). 3. Purchase of Salt Spreaders Manager Vannoorbeeck said at the last meeting he got authorization to seek bids and went through state bid and received two local bids with (5) total and Henderson Manufacturing through state bid was the low bidder at $25,628.62. Manager Vannoorbeeck said it was within what we expected and did let Timmy Barnes and David Ostrander spec it out. Councilwoman Thompson made a motion to purchase the salt spreaders from Henderson Manufacturing in the amount of $25,628.62. The motion was seconded by Councilman Tucker. 21 VOTE: Councilman Nash Councilman Moncure Councilman Hamner Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker - Aye Aye Aye Aye Aye Aye Aye Manager Vannoorbeeck said delivery will be before it snows. 4. Gravatt Property Manager Vannoorbeeck said this is a live request and remains on the Agenda. He suggested continuing this meeting to a work session. Councilman Nash said if the guy is interested give Manager Vannoorbeeck authorization to contact the investor and find out if he will work with the Town and if he is not interested then table it. Councilman Green said viewed by the public they thought we were against the development but he didn’t see the need to approve something that wasn’t going to happen without the property owner. Mayor Coleburn said he didn’t know what the concern with R-2 was because that is condos and townhouses. Councilman Green said his concern was without a concept and without the property owner here to rezone someone else’s property. Mayor Coleburn asked the record to reflect that he thought the request was legitimate but did think a lot of details were lacking. Mayor Coleburn said when we have a road in our Industrial Park the dream is to have commerce there one day. He said this Council has someone that wants to buy (27) acres in the Industrial Park that would cause traffic on that road, why would we not want to have business on the other side of the road. Manager Vannoorbeeck said the issue is not BABS Lane and whether commercial should be there but at what point is the Town responsible for improvements in excess to the upgrade. He said what happens if a traffic light is required and who will pay for a turning lane. Manager Vannoorbeeck said this should be a Conditional Rezoning to see who pays for what at what time. 22 Mayor Coleburn said Councilman Green made a good point; this Council did a business friendly move because we kept the request alive. He said people are saying Blackstone doesn’t want anything and are trying to make it difficult, he said the Planning Commission can only recommend the Council has the final say. 5. Ward Transformer Manager Vannoorbeeck said he did not have a formal update but does send the monthly report. He said this was for Councilman Green and Councilman Hamner’s benefit. Councilman Green said because of the hour could we do this another time. ON-GOING PROJECTS 1. Dilapidated Buildings Manager Vannoorbeeck said we have removed (3) homes on North Center Street, North High Street and Barco Road and were asbestos free by testing. Manager Vannoorbeeck said on September 2nd we will be going to court for the House of Love on Sullivan Street. Manager Vannoorbeeck said we are still waiting on a date from the judge for the house on Dillard Street. 2. Meals Tax Discussed earlier in the meeting. 3. Sewer Improvement Projects Manager Vannoorbeeck said there are (3) projects, Adams Street, Lunenburg Avenue sewer and South Main Street. He said South Main Street was necessary because we are getting ready to do the Revenue Share Project and we ran the camera and indeed the sewer line is collapsed. Manager Vannoorbeeck said another sewer line has collapsed on Lunenburg Avenue in front of Martha Cain’s house and then the Adams Street storm sewer that runs parallel to Bird Road. 23 Manager Vannoorbeeck said he added an additive bid for a water line to go from Rocky Bump to the Fire Training Grounds because the well there is not adequate to serve the bathrooms that were put in, which is ok but he would like to provide a fire hydrant so the Fire Department can train. Manager Vannoorbeeck said the award would be for $135,100.00 but if we choose to take the alternate it would be $160,600.00. He said he talked to Mr. Jay Lee and he was willing to hold off on the Fire Training Grounds until cash flow is better but the other (3) projects have to be completed within (60) days. Mayor Coleburn asked if the Fire Department requested the water. Manager Vannoorbeeck replied no we are just trying to get water to them. Councilman Nash made a motion to accept the bid from Lee’s Excavating for sewer repairs in the amount of $160,600.00, which includes the alternate to be done at a later date. The motion was seconded by Councilwoman Thompson. VOTE: Councilman Nash Councilman Moncure Councilman Hamner Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker - Aye Aye Aye Aye Aye Aye Aye Manager Vannoorbeeck said at the Wastewater Plant and in the budget there is a $75,000.00 line item for the mechanical bar screen to be reconditioned and is requesting permission to seek bids. Mayor Coleburn said by Common Consent Manager Vannoorbeeck will seek bids. 4. Street Improvement Projects Manager Vannoorbeeck said they were completed except for backfilling on Brunswick Avenue at Sixth Street. He said there is one additional block that has been sold where the property owners have either paid cash or have executed a deed of trust for a section on Third Street between the Rescue Squad and Brunswick Avenue. Manager Vannoorbeeck said there is a Task Order from B&B for curb and gutter but he didn’t want to do the work right now but what he was trying to accomplish is get a sidewalk literally around the ball field, primarily get it to the Primary School along Birch Street. He would like to get the design work done now so when we are ready to do it we can move forward. He said that would also fix the parking lot for entrances. 24 Mayor Coleburn asked Manager Vannoorbeeck if we needed to hire B&B to design curb and gutter and sidewalks, can’t the company that built the sidewalk on Brunswick Avenue build a sidewalk. Manager Vannoorbeeck said there does need to be elevations established for drainage. Manager Vannoorbeeck said he would ask Jason Walker about designing the sidewalks. Councilman Scott made a motion to execute the Task Order with B&B Consultants for $7,000.00 for the design of sidewalks at Wrigglesworth unless Walker Construction can design it themselves. The motion was seconded by Councilwoman Thompson. VOTE: Councilman Nash Councilman Moncure Councilman Hamner Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker - Aye Aye Aye Aye Aye Aye Aye 5. Church Street Project Manager Vannoorbeeck said this Task Order from B&B Consultants is for $17,000.00 but is not Town money. He said so people know we are doing things in the minority community, the Town of Blackstone has been awarded a multi-year second phase of Church Street, which is a $952,000.00 grant from DHCD to improve the lives of people that live on Church Street. He said we have finished Phase 1 except for a budget modification to tear down another house but there is money left over and have requested a budget revision. Manager Vannoorbeeck said now there will be drainage improvements and curb and gutter in the vicinity between Green and Hardy Streets. He said this is state money but in order to proceed we need authorization to sign the Task Order, but if this was a Town project he would recommend not paying for the inspection, but because it is a state project they are requesting inspectors. He said he could do the inspections. Councilman Nash made a motion to have Manager Vannoorbeeck execute the documents with B&B Consultants with the exception of inspection services for the Church Street Project. The motion was seconded by Councilman Tucker. 25 VOTE: Councilman Nash Councilman Moncure Councilman Hamner Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker - Aye Aye Aye Aye Aye Aye Aye 6. Amelia Street Bridge Manager Vannoorbeeck said it looks like it is still going to be November. 7. Wrigglesworth Sports Complex Manager Vannoorbeeck said there was a fight at the ball field and Councilman Nash would like additional police patrol. Councilman Nash said we just need to reiterate to Chief Kuzmiak about typical patrols. Councilman Green asked if the Sheriff’s Department helped out. Manager Vannoorbeeck replied yes there are some that are active with sports. Councilman Moncure said we come back to the same point almost every meeting where somebody says it is too much traffic on this street and bad on that street and yet he looks month in and month out at the Police Report and he sees we are writing 1/3 of the traffic stops and citations and the other 2/3 are warnings. He said he didn’t want us to be an unfriendly Town but we have a budget for the Police Department at a million and half a year and consistently buying new cars but sometimes talking isn’t enough. He said we need to get out there and write tickets, we have 10-12 policemen and making 95 stops in a month. He said as a Town he would like to see us tighten up on our requirements and see more results. Mayor Coleburn asked about the bathrooms at the stadium. Manager Vannoorbeeck replied the football group has been paying someone to clean them. Mayor Coleburn asked if an agreement was ready because he heard there were some travel ball teams not from Blackstone using the complex. Councilman Nash said we are going to meet about the agreement. 26 Mayor Coleburn asked about the light bill during the tournament he didn’t see it in the packet. Manager Vannoorbeeck replied he didn’t think it was the electric but from watering the fields. Mayor Coleburn asked if it was fair for the people of Blackstone to pay for the lights when people are bringing a travel ball team here that most are not from Blackstone. He just wants to get a Use Agreement in writing. Manager Vannoorbeeck replied we will do it. 8. Downtown Planning Grant Manager Vannoorbeeck said we are awaiting information from DHCD. 9. Seay Park – Revenue Sharing Manager Vannoorbeeck said he thought this would be delayed until spring because they are awaiting environmental clearance from the state. He said he didn’t want to dig this up and leave a rock pile all winter because he had to get asphalt on this before the temperature so he was asking for authorization so when we receive from VDOT that because it is in the Historic District they have to find no significant impact. Mayor Coleburn said by Common Consent Manager Vannoorbeeck can seek bids when ready. NEW BUSINESS 1. West Entrance Road – 3 Phase Circuit Manager Vannoorbeeck said the way we anticipate doing this project is bid out the labor and the Town can save money by buying the materials. He said Dan Martin has been working on a materials list and Manager Vannoorbeeck would like to solicit bids for the labor portion because this is in the budget and the cash is available. It was agreed by Common Consent to seek bids for the labor portion. Councilman Green asked when this project would start. Manager Vannoorbeeck replied within the next 30-60 days. Councilman Green asked how long of a project. Manager Vannoorbeeck replied about 30 days. Mayor Coleburn asked if there would be any service interruption. Manager Vannoorbeeck replied there may be planned interruption, we will use Code Red. 27 2. Rental Property Maintenance Mayor Coleburn said he asked this to be on the Agenda. He said Cathy Arthur who pays rent on her home was told by Mr. Shekleton to get out because of mold. He said he thought we had a rental property maintenance agreement. Mayor Coleburn asked if we could find out what we can do about mold when a home inspector says you have to get out for the safety of you and your kids. Manager Vannoorbeeck said Ms. Arthur’s daughter works for Ken Walden and he wrote the agreement but they didn’t want to wait on the Town. Manager Vannoorbeeck said we have the agreement but he didn’t have anybody to enforce it, he thought it needed to be privately done, maybe hire a contractor and the fees be charged to the property owners. Mayor Coleburn referred this to the Health and Ordinance Committee. 3. Armory – Town Property Mayor Coleburn asked for this to be on the Agenda because he received an email from Mr. Walter Mac Osborne about some of the relics in there. Manager Vannoorbeeck replied he had put his eyes on all of it. Councilman Green added the prospect understands this. Mayor Coleburn said we have to remind those that want things that belong to the people of Blackstone they still have to be declared surplus. 4. Police Department Grants – Speed & Alcohol Councilman Green made a motion authorizing Manager Vannoorbeeck to execute the Speed and Alcohol Grants. The motion was seconded by Councilwoman Thompson. VOTE: Councilman Nash Councilman Moncure Councilman Hamner Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker 28 - Aye Aye Aye Aye Aye Aye Aye 5. Delinquent Taxes – Personal Property & Real Estate Discussed earlier in the meeting. COMMITTEE REFERRALS 1. Shentel Franchise Agreement Mayor Coleburn asked if it was in the Town’s best interest to give someone a franchise agreement, why don’t we say come one come all or will they not come. Manager Vannoorbeeck said he thought the issue was a monopoly situation, does it make sense for us to allow several different cable companies to attach. Manager Vannoorbeeck said Council wanted him to contact Ed Newman about getting his stuff off the water tanks. He said he has been getting phone calls and emails from Mr. Newman about an agreement. Mayor Coleburn referred Shentel and Ed Newman to the Cable TV Committee. Mayor Coleburn referred the ditch request from Ms. Edmonds to the Street and Light Committee. Manager Vannoorbeeck said he had a request from Spring Hill Baptist Church to assist them in reacquiring a piece of property they are going to put a parking lot on that they deeded to VDOT in 1976. Mayor Coleburn referred Spring Hill Baptist Church to the Street and Light Committee. MAYOR’S MINUTE Mayor Coleburn referred to the Cable TV Committee an answer to televised meetings. Mayor Coleburn asked if someone from Town Hall would make contact with Mr. Jeff Ooten on Rocky Bump Road, he is upset about the spraying and ruined a pair of contact lenses. Manager Vannoorbeeck asked Mayor Coleburn if he received information from Mr. Goode. Mayor Coleburn replied yes and forwarded it to Mr. Ooten. Manager Vannoorbeeck said they were spraying the pines on Rocky Bump Road. Mayor Coleburn told Mr. Ooten he would bring it up and discuss reimbursing him. 29 Councilman Nash said is that the same as the rock wall, is that the responsibility of the contractor. Mayor Coleburn said we know of this action that took place. Mayor Coleburn said he believed when the Fire Department has a fund drive that requires closing streets; this Council needs to know how much is collected. He said when the people’s resources are being used the people have the right to know how much was made; he said he was not trying to decrease their funding. Councilman Nash said he thought the Fire Department was concerned if they made $12,000.00 that would be knocked off their budget. Councilman Moncure suggested letting them know the Town is behind them with the Boot Drive, however we would like you to give Council a report on how much was made. Councilman Nash said he wasn’t against it but if you make one organization provide the information then everyone should. Mayor Coleburn said he believed that those agencies that ask for and receive Town funding, like we have an audit every year that is open to the public, should have to do likewise. Manager Vannoorbeeck said a letter has been prepared; Clerk Daniel just needs to send it out. He said the way it was prepared it is for the budget process so we can understand where the finances are for each organization. Mayor Coleburn said full transparency will help everybody. Mayor Coleburn said he likes the Boot Drive but there are people that bristle, they feel guilty and some people live in the zone where you can’t avoid it and they don’t like it especially on Arts and Crafts day. Councilman Green said people say it’s a tax, he said he was not opposing it but it’s what people are saying. He said he was supporting the Mayor because this could keep people from Kenbridge coming to Blackstone to avoid it. Mr. Joe Allman asked if the Fire Department provided regular financials, as a citizen it would be more important to him to know if it cost more to man a fire department or how much are they saving us. He thought people were reluctant to give the whole picture. Mayor Coleburn said there are some streets that have almost been destroyed on Brunswick Avenue between Fifth, Sixth and Fourth. He said he knew the asphalt was just patching but they were smooth and then add tar and gravel and now they are bumpy. 30 Manager Vannoorbeeck said he would be happy to look at them; we have been sweeping the intersections. He said he told Mr. Hodge not to sweep the section between Fifth and Sixth because that is the next section for curb and gutter. Councilwoman Thompson said tomorrow 69 years ago the cutest baby was born. POLICE REPORT – Included CITIZEN COMMENTS Mr. Lafayette Dickens said he would submit street closures and the banner request for Oktoberfest next month. Councilman Moncure made a motion to go into Executive Session for discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community. The motion was seconded by Councilman Nash. EXECUTIVE SESSION Virginia Code Section 2.2-3711 1. Prospective Business or Industry 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. VOTE: Councilman Nash Councilman Moncure Councilman Hamner Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker 31 - Certify Certify Certify Certify Certify Certify Certify Councilman Moncure made a motion to have a draft agreement prepared by the Town Manager and Attorney Bacon to sell the Armory and to lease a portion of the adjoining property to present to Council at its September Council Meeting. The motion was seconded. VOTE: Councilman Nash Councilman Moncure Councilman Hamner Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker - Aye Aye Aye Nay Aye Aye Aye Councilman Green made a motion to authorize the Town Manager to weatherize the Armory to preserve its present condition. The motion was seconded by Councilman Nash. VOTE: Councilman Nash Councilman Moncure Councilman Hamner Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker - Aye Aye Aye Nay Aye Aye Aye Councilman Scott questioned the necessity of the Town applying for grant funds for the Armory. Councilman Green made a motion to increase the Town Clerk’s salary to $40,000.00 annually beginning with the next pay period. The motion was seconded by Councilman Nash. VOTE: Councilman Nash Councilman Moncure Councilman Hamner Councilman Scott Councilman Green Councilwoman Thompson Councilman Tucker 32 - Aye Aye Aye Aye Aye Aye Aye There being no further business to bring before Council, Mayor Coleburn declared the meeting adjourned at 10:46 p.m. ______________________________MAYOR OF THE TOWN OF BLACKSTONE, VIRGINIA _______________________________APPROVED AND ADOPTED _______________________________TOWN CLERK OF THE TOWN OF BLACKSTONE, VIRGINIA 33