At a meeting of the South Boston Town Council held on January 9, 2012 at 7:00 p.m. in the Council Chambers on Yancey Street, the following were present:
Mayor Carroll Thackston
Council Member Mark J. MorrisCouncil Member Connie S. Manning
Council Member W. R. Snead, Jr. Council Member D. Coleman Speece
Council Member Morris L. Bryant
Absent: Vice-Mayor Owens
Staff Present: Town Manager Ted Daniel; Police Chief James Binner; Director of Public Works Alan Auld; Finance Director Erle Scott; Town Clerk Jane Jones
On motion of Mr. Snead, seconded by Mrs. Manning, Council approved the minutes of the December 12, 2011 meeting as written.
*APPROVAL OF 2012 MEETING SCHEDULE
On motion of Dr. Morris, seconded by Mr. Bryant, Council unanimously approved the 2012 Meeting Calendar.
*FOUNDERSCOLLEGE DEVELOPMENT LLC PROPERTY – ZONING REVERTED TO R-1 FOR FAILURE TO SUBMIT SITE PLAN
On motion of Mr. Snead, seconded by Mr. Bryant, Council voted unanimously to adopt the following resolution rescinding its action of December 2007 and changing the zoning of the Founders College Development property back to One-Family Residential for failure to submit a site plan within two years.
AN ORDINANCE REVERTING ACTION TAKEN BY THE SOUTH BOSTON TOWN COUNCIL ON DECEMBER 11, 2007 TO REZONEPROPERTYFORFOUNDERSCOLLEGE DEVELOPMENT LLC FOR FAILURE TO SUBMIT A SITE PLAN WITHIN TWO YEARS
WHEREAS, on December 11, 2007, at the request of Founders College Development LLC, the South Boston Town Council rezoned tax parcels 27951, 16051, and a 45.95 acre tract of 30310 to Planned Development Business Park; and rezoned tax parcels 9209 and 28074 to Planned Development Residential District, and
WHEREAS, Section 113-103 Procedures for establishing PD Planned Development Districts, subsection (f)Failure to submit site plans states, “Failure of an applicant to submit a subdivision plat or site plan for a first phase of development pursuant to an approved PD District within 24 months of approval of the district shall cause the Town Council to initiate an ordinance to amend the official zoning map to rezone the property to the classification(s) existing at the time of initial approval of the PD District.”, and
WHEREAS, no site plans were ever submitted for this development, and
WHEREAS, the South Boston Planning Commission at a meeting held December 14, 2011 voted unanimously to recommend the property revert back to R-1 Low Density Residential.
THEREFORE BE IT RESOLVED, by the Council of the Town of South Boston, Virginia that the Official Zoning Map of the Town of South Bostonis hereby amended pursuant to Section 113-103 to reflect that the following:
The zoning of tax parcels 27951, 16051, 21715, a 45.95 acre tract of tax parcel 30310, 9209 and 28074 is hereby reverted back to its original classification, R-1 Low Density Residential District, due to the failure of Founders College Development LLC to submit a site plan for a planned development community within two years on this property.
*IMPROVEMENT COUNCIL - REAPPOINTMENTS
On motion of Mr. Snead, seconded by Dr. Morris, Council unanimously reappointed Mr. Charles Phillips and Mrs. Carolyn Nichols to new two-year terms on the Halifax County Improvement Council, terms to end January 31, 2014.
*WASHINGTON COLEMAN EARLY LEARNINGCENTER
Mr. Daniel updated Council on the WashingtonColemanEarlyLearningCenter. Expenditures to date total $761,752. Final inspection is scheduled for January 9th with students targeted to move back into the building shortly thereafter. Mr. Daniel advised that although one million dollars had been borrowed for this project, only $720,000 had been appropriated in the 2011-12 budget. He recommended Council amend the budget to appropriate the remaining $280,000 to begin design and asbestos removal of Phase II.
*2012 COUNCIL ELECTION ANNOUNCEMENTS
Mayor Carroll Thackston announced his bid for re-election for a new 4-year term. Dr. Mark Morris announced he would not seek re-election to a second term. Council Members Morris Bryant and Connie Manning were still undecided at this time whether they would seek re-election.
*CLOSED MEETING TO DISCUSS A LEGAL CONTRACT CONCERNING THE LANDFILL GAS PROJECT
On motion of Dr. Morris, seconded by Mr. Speece, Council voted unanimously to go into a closed meeting to discuss a comprehensive agreement on the landfill gas project as allowed by the Code of Virginia §2.2-3711A.29. Voting Aye: Bryant, Morris, Snead, Speece, Manning. Nays: none. Absent and not voting: Owens.
On motion of Mr. Bryant, seconded by Mr. Snead, Council voted unanimously to return to open session. Voting Aye: Bryant, Morris, Snead, Speece, Manning. Nays: none. Absent and not voting: Owens.
On motion of Dr. Morris, seconded by Mr. Bryant, Council unanimously certified that to the best of each member’s knowledge (i) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and (ii) 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 by the town council. Voting Aye: Bryant, Morris, Snead, Speece, Manning. Nays: none. Absent and not voting: Owens.
*LANDFILL GAS PROJECT – LOAN APPLICATION TO DMME AUTHORIZED; TOWN MANAGER AUTHORIZED TO NEGOTIATE AN AGREEMENT FOR THE SOUTH BOSTON ENERGY EFFICIENCY & RENEWABLE ENERGY PROJECT
On motion of Mrs. Manning, seconded by Dr. Morris, Town Council voted unanimously to authorize the Town Manager, through Joyce Engineering, Inc., to applytothe Virginia Department of Mines, Minerals and Energy (DMME) for a loan from their revolving loan fund for the energy efficiency and renewable energy project; and to continue to negotiate with Joyce Engineering in pursuit of a Comprehensive Power Purchase Agreement to produce electricity through the use of landfill gas. The motion passed 4-0. Voting Aye: Manning, Morris, Snead, and Bryant. Voting Nay: none. Absent and not voting: Owens and Speece (left during the closed session).
There being no further business the meeting adjourned.
______
Carroll Thackston, Mayor
Attest: ______
Jane P. Jones, Town Clerk, CMC
At a work session meeting of the South Boston Town Council held on January 30, 2012 at 5:45 p.m. in the Council Chambers on Yancey Street, the following were present:
Mayor Carroll Thackston
Vice-Mayor Edward Owens
Council Member Morris L. Bryant Council Member Mark Morris Council Member W. R. Snead, Jr. Council Member Connie Manning
Absent: Council Member D. Coleman Speece
Staff Present: Town Manager Ted Daniel; Police Chief Jim Binner;Fire Chief Steve Phillips; Finance Director Erle Scott; Director of Public Works Alan Auld, Town Clerk Jane Jones
Guests: Mr. Butch Joyce, Joyce Engineering, Inc.
*2011-12 BUDGET AMENDED
The meeting having been duly advertised constituted a public hearing on an amendment to the 2011-2012 budget. Mayor Thackston opened the public hearing. No one spoke for or against the amendment. On motion of Mr. Owens, seconded by Mr. Bryant, Council voted unanimously to adopt the following appropriation resolution:
AN APPROPRIATION RESOLUTION AMENDING THE FY 2011-2012 BUDGET
WHEREAS, Section 2-166 and Section 98-56 South Boston Town Code and Section 15.2-2507, Code of Virginia, provides that a locality may amend its budget to adjust the aggregate amount to be appropriated during the current fiscal year as shown in the currently adopted budget as prescribed by §15.2-2504. However, any such amendment which exceeds one percent of the total expenditures shown in the currently adopted budget or the sum of $500,000, whichever is lesser, must be accomplished by publishing a notice of public hearing and meeting once in a local newspaper at least seven days prior to the meeting date. Any local governing body may adopt such amendment at the advertised meeting, after first providing a public hearing during such meeting on the proposed budget amendments.
WHEREAS, the purpose of this amendment is to correctly record the full appropriation of a $1 million dollar bond anticipation borrowing [$720,000 + $280,000 = $1,000,000] done in support of the Washington-ColemanCommunity Center, and
WHEREAS, the proposed amendment to the FY2011-2012budget was published on January 20, 2012 in The Gazette Virginian, South Boston, Virginia, pursuant to Section 15.2-2506, Code of Virginia, and a public hearing was subsequently held on the proposed budget on January 30, 2012.
NOW, THEREFORE, BE IT RESOLVED, that the South Boston Town Council meeting in Regular Session on January 30, 2012 does hereby approve the following amendment to FY 2011-2012 Budget;
EXPENDITURES BY CATEGORY:
GENERAL FUND: Capital Outlay General
Washington Coleman Community Center$280,000.00
BE IT FURTHER RESOLVED, that the South Boston Town Council does hereby approve the following amended General Fund Revenue estimates for Fiscal Year 2012-2013;
REVENUES BY CATEGORY:
GENERAL FUND: Other Financing Sources – Proceeds of Loan
Washington Coleman Community Center $280,000.00
BE IT FURTHER RESOLVED, by the Town Council of South Boston, Virginia that the Fiscal Year Budget for 2011-2012 is hereby amended, effective January 30, 2012 and shall be certified by the Clerk of Council and maintained as an archive document with the official minutes of the Town Council of South Boston, Virginia.
Voting Aye: Council Members: Owens, Bryant, Snead, Morris and Manning.
Voting Nay: NoneAbsent and Not Voting: Speece
*THE VIRGINIA COALITION AGAINST URANIUM MINING
Mr. Tom Raab, representing The Virginia Coalition, addressed Council on the goals of the TVC. He advised that their primary goal, prevent the repeal of the 1982 moratorium on uranium mining, had recently been attained as General Assembly had approved putting the issue off for one year. The Coalition is seeking funding in the 2012-13 budget to raise funds for an aggressive lobbying effort against uranium mining.
*CLOSED SESSION TO DISCUSS A PUBLIC CONTRACT CONCERNING THE SOUTH BOSTON ENERGY EFFICIENCY & RENEWABLE ENERGY PROJECT
On motion of Mr. Owens, seconded by Mrs. Manning, Council voted unanimously to go into a closed meeting to discuss a contract with Joyce Engineering, Inc. for the South Boston Energy Efficiency and Renewable Energy Project as allowed by the Code of Virginia §2.2-3711A.29. Voting Aye: Bryant, Morris, Owens, Snead, Manning. Nays: none. Absent and not voting: Speece.
On motion of Mr. Bryant, seconded by Mr. Owens, Council voted unanimously to return to open session. Voting Aye: Bryant, Morris, Owens, Snead, Manning. Nays: none. Absent and not voting: Speece.
On motion of Mr. Owens, seconded by Mrs. Manning, Council unanimously certified that to the best of each member’s knowledge (i) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and (ii) 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 by the town council. Voting Aye: Bryant, Morris, Owens, Snead, Manning. Nays: none. Absent and not voting: Speece. No action was taken.
There being no further business the Council meeting adjourned. Mr. Bryant called the Current Issues Committee to order.
*URBAN DEVELOPMENT AREA DESIGNATION RECOMMENDED
At their January 11th meeting the South Boston Planning Commissionvoted to recommend that Town Council revise the Comprehensive Plan to incorporate an Urban Development Area and revise the zoning ordinance to incorporate the principals of new urbanism and traditional neighborhood design. Mr. Daniel advised that UDA districts accommodate higher density, mixed use traditional neighborhood designed development and promote the development of pedestrian-friendly, walkable neighborhoods with a mix of uses and housing types. The Committee concurred with the Planning Commission recommendation.
*PROPOSED AMENDMENT TO TOWN CODE CONCERNINGOUTDOOR WOOD FIRED FURNACES
The Committee discussed at length the proposed outdoor wood-fired furnace ordinance and the town attorney’s comments concerning grandfathering in current furnaces. Mr. Ben Capozi, North Main Street, addressed Council in favor of wood-fired furnaces citing energy and cost savings. Mr. Snead cited a recent incident he had witnessed where smoke from a wood stove had been very dense. Mr.Owens was concerned about the rights of adjacent residents to clean smoke free air.
Mr. Daniel recommended the ordinance go back to the Town Attorney to incorporate Council’s concerns [grandfathering, set-backs, chimney height, permitting, length of time allowed to “get compliant”] into an improved ordinance for review at the Feb. 27th meeting. The Committee concurred.
*PROPOSED AMENDMENT TO TOWN CODE CONCERNING PAWNSHOPS
State Code gives localities the power to license, regulate and limit the number of pawnshops. The town attorney has recommended that the town code be amended to include the state’s definition of a pawnshop, and to designate where and under what condition pawnshops are permitted. The Current Issues Committee recommended Council amend Chapter 82 Second Hand Goods to include the following:
Section 82-26 Definitions
"Pawnbroker" means any person who lends or advances money or other things for profit on the pledge and possession of tangible personal property, or other valuable things, other than securities or written or printed evidences of indebtedness or title, or who deals in the purchasing of personal property or other valuable things on condition of selling the same back to the seller at a stipulated price.
No more than three pawnshops may be operated at any one time within town limits.
*PROPOSED AMENDMENT TO TOWN CODE CONCERNING LINE OF DUTY COVERAGE FOR VOLUNTEER FIREMEN
The Virginia Line of Duty Act (LODA) provides life and health insurance benefits to state and local hazardous duty employees, including volunteers. LODA benefits are administered by the state but paid by the locality. To be eligible for benefits a volunteer must be a member of any fire company or department or rescue squad that has been recognized by an ordinance of the governing body of any county, city or town of the Commonwealth as an integral part of the official safety program of such county, city or town. South Boston adopted such an ordinance in 2004. HalifaxCounty adopted a similar ordinance in 2011 agreeing to cover all volunteer fire companies, including South Boston. Staff recommended and the Committee concurred that Section 54-36 be amended as follows to eliminate this duplicate coverage for South Boston volunteer firemen:
Sec. 54-36. Recognition of certain organizations as part of the safety program of the town.
The South Boston Volunteer Fire Company and the Halifax County Rescue Squad, Inc. which havehas been authorized and chartered to perform public service in the town, areis recognized as an integral part of the official safety program of the town for the purpose of the line-of-duty act.
*REQUEST TO CLOSE UNOPENED HARRELL STREET
In connection with the upcoming Eco-Mod Housing project proposed for the Poplar Creek Street area, staff has recommended the unopened public right-of-way known as Harrell Street, between Watkins Avenue and the Norfolk and Southern Railway, be closed and abandoned. The 50’ right of way would enhance the size project. The Committee authorized a public hearing on the issue for the February 13, 2012 meeting.
*BOARD OF ZONING APPEALS – TERM OF STERLING B. ROBERTS EXPIRES 2/28/2012
Mrs. Jones advised that Mrs. Sterling Roberts’ term on the South Boston Board of Zoning Appeals would expire February 29, 2012. The Committee recommended Council request the reappointment of Mrs. Roberts to a new 5-year term.
There being no further business the Current Issue Committee adjourned and the Finance Committee convened.
MONTHLY FINANCIAL REPORT; REPORT ON DELINQUENT TAX SALE
Mr. Scott reviewed the monthly financial report with the Committee. He reported on the delinquent tax sale held in January. Of the 15 parcels for sale, 6 were sold and the Town bought back 8.
*COUNCILMAN BRYANT NOT TO SEEK RE-ELECTION
Councilman Morris Bryant advised that due to health reasons he would not seek re-election to a third term. Mayor Thackston thanked Mr. Bryant for his outstanding service to the community for the past eight years.
There being no further business the meeting adjourned.
______
Carroll Thackston, Mayor
ATTEST______
Jane P. Jones, Town Clerk, CMC
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