1. CALL TO ORDER

 

Members Present: Mayor Andy Conklin, Vice Mayor Tina Gulley, Deborah Ball, Dick Brake, Charlie Gordon, Jim Hudson, Olen Sikes, and Bill Sirman

Also Present: Anthony Romanello, Town Manager; Sharon Bantel, Town Clerk; Andrea Erard, Town Attorney; Claire Jones, Director of Community Development; and other interested persons

1. Rev. Bill Palmer gave the Invocation.
2. The Pledge of Allegiance was said.

 

2. CITIZENS ADDRESS TO COUNCIL

1. Citizens Address to Council

1. Bill Beswick, 540 West Euclid Boulevard, addressed Town Council about the upcoming vacant Town Manager position. Mr. Beswick stated that Mrs. "T.C." Moore would make a capable Town Manager and the advertisements in the paper are not necessary.
2. No one else wishing to address Town Council, Mayor Conklin closed the citizen’s address to Town Council.

2. Public Hearing- Ordinance 13-03 Waiver of Zoning Fees

1. No one wishing to comment, Mayor Conklin closed the public hearing.

 

3. COUNCIL RESPONSE

1. None was noted.

 

4. AGENDA CHANGES

1. Mr. Hudson made a motion to accept the following changes to the October 27, 2003 Town Council Meeting Agenda. Mrs. Ball seconded the motion, and all Council Members present voted "Aye."

1. Mr. Hudson requested that, under Education Committee, a West Point School appropriation request be added.
2. Mr. Hudson also asked that a request for a public hearing on a special use permit submitted by First Virginia Propane be added to the agenda changes portion of the agenda.
3. Mr. Romanello asked that a Halloween Resolution be added under Town Manager Items.

2. Special Use Permit

1. Mr. Hudson made a motion to authorize the Town Manager to advertise for a public hearing on the special use permit submitted by First Virginia Propane.
2. Mr. Sirman seconded the motion, and Mrs. Ball, Mr. Brake, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."

 

5. ADOPTION OF CONSENT AGENDA

1. Mr. Sirman made a motion to adopt the following consent agenda items. Mrs. Ball seconded the motion, and all Town Council members present voted "Aye."

1. Minutes of Sept 29, 2003 Work Session & Town Council Meeting
2. Minutes of October 7, 2003 Special Town Council Meeting
3. Cash Reports

1. General Fund

1. Cash on hand as of September 30, 2003- $4,042,897.35

2. Water Fund

1. Cash on hand as of September 30, 2003- $189,921.22

3. CIP Fund

1. Cash on hand as of September 30, 2003- $117,593.17

4. Monthly Budget Report
5. School Fund Cash Report

1. Cash on hand as of September 30, 2003- $222,513.80

6. Special Fund Cash Report

1. Cash on hand as of September 30, 2003- $13,172.05

7. West Point Monthly Police Activity Report

1. From September 1, 2003 to September 30, 2003, the West Point Police Department responded to 167 calls for service, wrote 19 traffic tickets, and made nine arrests.

8. Economic Development Monthly Activity Report
9. Retreat Work Plan
10. Departmental Performance Measures

 

6. COMMITTEE REPORTS

1. Public Works

1. State Secondary Road System Resolution- [See Enclosed Resolution]

1. Mr. Brake made a motion to adopt the enclosed resolution.
2. Mr. Sikes seconded the motion, and Mrs. Ball, Mr. Brake, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."

2. Public Safety

1. Ordinance 12-03 Noise Ordinance- Request for Public Hearing

1. Mr. Sikes made a motion to authorize the Town Manager to advertise for a public hearing on Ordinance 12-03.
2. Mr. Sirman seconded the motion, and Mrs. Ball, Mr. Brake, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."

2. Mutual Aid Agreement- King William County- [See Enclosed Agreement]

1. Mr. Sikes made a motion that the West Point Town Council approves the execution of the Mutual Aid Agreement with King William County by resolution this 27^th day of October.
2. Mr. Sirman seconded the motion, and Mrs. Ball, Mr. Brake, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."

3. Finance Committee

1. Ordinance 16-03 Waiver of Water Fees- Request for Public Hearing

1. Mrs. Ball made a motion to authorize the Town Manager to advertise for a public hearing on Ordinance 16-03.
2. Mr. Sirman seconded the motion, and Mrs. Ball, Mr. Brake, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."

4. Education Committee

1. Meeting Schedule

1. Mr. Hudson reported that the Education Committee would meet on the third Wednesday of the month at 6 pm.

2. Asphalt of Parking Lot for Auditorium- [See Enclosed Resolution]

1. Mr. Hudson made a motion to adopt the enclosed resolution.
2. Mr. Brake seconded the motion, and Mrs. Ball, Mr. Brake, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."

3. West Point School appropriation request

1. Mr. Hudson made a motion to authorize and appropriate the expenditure of $7,343 by the West Point School Board for funds made available by grants.
2. Mr. Brake seconded the motion, and Mrs. Ball, Mr. Brake, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."

4. School Board Meeting Update

1. Mr. Hudson reported that there are currently 781 students enrolled in West Point Public Schools as of October 18, 2003. There are more residents attending West Point Schools and less tuition students than projected.

5. Community Development

1. Authorization for Public Hearing- Ordinance 15-03 Right of Way Vegetation

1. Mrs. Gulley made a motion to authorize the Town Manager to advertise for a public hearing on Ordinance 15-03.
2. Mr. Gordon seconded the motion, and Mrs. Ball, Mr. Brake, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."

2. VHB Contract- CDBG Administration

1. Mrs. Gulley made a motion to authorize the Town Manager to execute an agreement between the Town of West Point and VHB, Inc. to administer the Town’s Community Development Block Grant provided by the Virginia Department of Housing and Community Development. Mrs. Gulley also made part of the motion a change suggested by Ms. Erard.
2. Mr. Gordon seconded the motion, and Mrs. Ball, Mr. Brake, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."

3. Non-conforming Structures

1. Mr. Romanello reported to Town Council that the Town is working with King William County to assess the buildings/ properties significantly damaged by Hurricane Isabel. If structures were more than 60% damaged, they need to comply with the current zoning regulations. Most Town residents will be able to rebuild without delay. Some piers on 1^st and houses on 7^th Streets will have to obtain special exceptions in order to rebuild. Non-conforming issues will be brought before the Board of Zoning Appeals for special exceptions.

4. VDOT Sign Purchase Offer

1. Mrs. Gulley made a motion to authorize the Mayor to execute an agreement between the Town of West Point and the Department of Transportation to purchase the Town’s sign located on Route 33 near the Eltham Bridge for the amount of $11,550.
2. Mr. Gordon seconded the motion, and Mrs. Ball, Mr. Brake, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."

5. Ordinance 13-03 Waiver of Zoning Fees- [See Enclosed Ordinance]

1. Mrs. Gulley made a motion to adopt Ordinance 13-03.
2. Mrs. Ball seconded the motion, and Mrs. Ball, Mr. Brake, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."

6. Board of Zoning Appeals Fees

1. Mr. Brake made a motion to authorize the Town Manager to advertise for a public hearing waiving all fees for applications to the Board of Zoning Appeals for special exceptions that are necessitated as a result of Hurricane Isabel. This fee waiver is effective from September 18, 2003 until March 31, 2004.
2. Mr. Sikes seconded the motion, and Mrs. Ball, Mr. Brake, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."

7. TOWN MANAGER ITEMS

1. ICMA Recognition

1. Mr. Romanello recommended that the Town of West Point submit an application to the International City Management Association requesting recognition of the Town as a Council-Manager form of government.
2. Mr. Brake made a motion to authorize the Town Manager to forward an application to the International City Management Association recognizing West Point as having a Council-Manager form of government.
3. Mrs. Ball seconded the motion, and Mrs. Ball, Mr. Brake, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."

2. Declaration of Local Emergency

1. Mr. Romanello requested that the declaration of local emergency be rescinded effective October 31, 2003.
2. Mr. Gordon made a motion rescinding the declaration of local emergency effective October 31, 2003.
3. Mr. Sirman seconded the motion, and Mrs. Ball, Mr. Brake, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."
4. Mr. Romanello reported that the Town of West Point has incurred costs of slightly over $150,000 as a result of Hurricane Isabel. It is anticipated that the federal government will reimburse 75% of the cost, the state will reimburse 17% of the cost, and the Town will incur 8% of the cost.

3. Bridge Project and West Point Station Update

1. The Lord Delaware Bridge is going out to bid in January 2004 with construction beginning in spring 2004. The Eltham Bridge and through Town roadway will go out to bid in the summer of 2004 with construction to begin in the fall of 2004.
2. Mr. Romanello stated that West Point Station is scheduled to open on April 1, 2004. Tenants committed are the ABC Store, Bank of Essex, Subway, McDonald’s, Pizza Hut, and the West Point Police Department.

4. Halloween Resolution- [See Enclosed Resolution]

1. Mrs. Gulley made a motion to adopt the enclosed resolution.
2. Mr. Sirman seconded the motion, and Mrs. Ball, Mr. Brake, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."

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8. TOWN ATTORNEY ITEMS

1. Town Manager Hiring Process

1. Since the closing date for Town Manager applications is November 14, 2003, Mayor Conklin suggested that Town Council hold a work session on November 17, 2003.
2. Mr. Hudson made a motion to hold a Town Council work session for the purpose of reviewing Town Manager applications on Monday, November 17, 2003 at 5 pm.
3. Mr. Brake seconded the motion, and Mrs. Ball, Mr. Brake, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."

2. Freedom of Information Act

1. Ms. Erard stated that the Virginia Freedom of Information Advisory Council has recommended that there should be no e-mails among three or more Town Council or School Board members.

3. Airport Acquisition and Assignment Agreement

1. Ms. Erard stated that on August 26, 2002, the West Point Town Council adopted a resolution authorizing and directing the Town Manager to execute and deliver an Airport Acquisition and Assignment Agreement providing that three changes specifically identified by Town Council were made. As of date, the Airport Authority never made those changes. Ms. Erard reported that there is every intention to transfer the Airport to the Middle Peninsula Airport Authority, but due to the delay, Ms. Erard recommended the document be rescinded.
2. Mr. Sirman made a motion to rescind and withdraw the resolution dated August 26, 2003 authorizing and directing the Town Manager to execute and deliver the Airport Acquisition and Assignment Agreement, because the Agreement was never revised by the Airport Authority in accordance with the resolution dated August 26, 2002, and has never been submitted to the Town Manager for execution.
3. Mr. Hudson seconded the motion, and Mrs. Ball, Mr. Brake, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."

 

9. OLD BUSINESS

1. There was no old business for report or discussion.

 

10. NEW BUSINESS

1. Planning Commission Report- Mr. Hudson

1. Mr. Hudson reported that the Planning Commission is working on two issues. First is the special use permit submitted by First Virginia Propane. Second is the public hearing that will be held on November 5, 2003 to discuss proposed changes to the Chesapeake Bay ordinance.

2. Town of West Point- Mission Statement- Mrs. Gulley

1. Mrs. Gulley stated she and a committee of Mr. Hudson and Mr. Sirman, were asked to look at the present Mission Statement for the Town of West Point and make necessary revisions. Mrs. Gulley presented Town Council with the following Mission Statement:

1. The West Point Town Council and staff will deliver exceptional service to every citizen and enterprise in our community, as we continue to respect the Town’s heritage and preserving the highest quality of life.

2. Mrs. Gulley asked that Town Council give some thought to the Mission Statement, and it will be tabled until next month’s Town Council meeting.

3. West Point Town Council Rules- Mayor Conklin

1. Mr. Conklin presented Town Council Rules for West Point. Mr. Conklin stated that this issue also be placed on November’s Town Council Agenda.

4. Closed Session- Police Chief’s Contract

1. Closed Session

1. Mr. Sirman made a motion to go into closed meeting pursuant to Virginia Code § 2.2-3711(A)(1) for the purpose of the discussion or consideration of the performance and salary/contract of the police chief.
2. Mrs. Ball seconded the motion, and Mrs. Ball, Mr. Brake, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."

2. Reconvene

1. Mr. Sirman made a motion to reconvene to open session.
2. Mr. Sikes seconded the motion, and Mrs. Ball, Mr. Brake, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."

3. Certify

1. Mr. Sirman made a motion that the West Point Town Council certify that, in the closed session just concluded, nothing was discussed except the matter or matters (1) specifically identified in the motion to convene in closed session and (2) lawfully permitted to be so discussed under the provisions of the Virginia Freedom of Information Act cited in that motion.
2. Mr. Brake seconded the motion, and Mrs. Ball, Mr. Brake, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."

4. Police Chief’s Contract

1. Mr. Sirman made a motion to extend the contract of Police Chief William Hodges for 3 years, to delete paragraph 10, and add to last line of paragraph 8A, "The Town Manager shall provide copies of the Chief of Police's performance evaluation to the Town Council annually."
2. Mr. Hudson seconded the motion, and Mrs. Ball, Mr. Brake, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."

5. Acting Town Manager

1. Mr. Romanello noted that while he would be resigning effective December 12, 2003 and remain on the payroll until that date, his last day in the office will be November 25, 2003.
2. Mr. Hudson made a motion to appoint T. C. Moore Acting Town Administrator and Andrea Erard Acting Town Manager effective November 26, 2003.
3. Mrs. Gulley seconded the motion, and Mrs. Ball, Mr. Brake, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."

 

11. ADJOURNMENT

1. Mrs. Ball made a motion to adjourn the meeting. Mrs. Gulley seconded the motion, and all Council members voted "Aye."
2. Mayor Conklin adjourned the meeting.

ATTEST:

________________________________________

Sharon L. Bantel

Town Clerk

THIS AGREEMENT, made this 27th day of October, 2003 by and between the County of King William, county of the Commonwealth of Virginia, hereinafter sometimes referred to as "King William" and the Town of West Point a Town of the Commonwealth of Virginia, hereinafter, sometimes referred to as "West Point".

WHEREAS, Virginia law authorizes local governments to enter into reciprocal agreements for cooperation in the furnishing of law enforcement services; and

WHEREAS, the two local governments have determined that the provision of law enforcement aid across jurisdictional lines will increase their ability to preserve the safety and welfare of the entire area; and

WHEREAS, it is deemed to be mutually beneficial to both King William and West Point to enter into an agreement concerning mutual aid with regard to law enforcement and

WHEREAS, the parties desire that the terms and conditions of any such Law Enforcement Mutual Aid Agreement be established; NOW THEREFORE,

That for and in consideration of the mutual benefits to be derived by King William and West Point from this Law Enforcement Mutual Aid Agreement, King William and West Point hereby covenant and agree, each with the other, as follows:

1. The county of KING WILLIAM and WEST POINT will endeavor to provide law enforcement support to the jurisdictions, which are parties to this Agreement within the capabilities available at the time the request for such support is made and within the terms of this Agreement.
2. Nothing contained in this Agreement should in any manner be construed to compel any of the parties hereto to respond to a request for law enforcement support when the law enforcement personnel of the jurisdiction to whom the request is made are in the opinion of the requested jurisdiction, needed or are being used within the boundaries of that jurisdiction to continue to provide law enforcement support in another jurisdiction when its law enforcement personnel or equipment, in the opinion of the requested jurisdiction, are needed for other duties within the boundaries of its jurisdiction.
3. No party to the Agreement shall be liable to any other party hereto for any loss, damage, personal injury or death to law enforcement personnel or equipment resulting from the performance of this Agreement, whether such occur within or without the jurisdictional boundaries of the respective parties hereto.
4. There shall be no liability to any of the parties hereto for reimbursement for injuries to law enforcement, equipment or personnel occasioned by a response or law enforcement action, or for injuries to such equipment or personnel incurred when going to or returning from another jurisdiction. Neither shall the parties be liable to each other for any other costs associated with or arising out of the rendering of assistance pursuant to this Agreement.
5. Request for assistance pursuant to the terms and conditions of this Agreement shall be made by the Sheriff of King William, or his designee, to an officer having the rank of Chief or his designee.
6. The requesting jurisdiction shall be responsible for establishing a radio communication system for use by the requested jurisdiction. Each jurisdiction shall create and maintain a mutual aid implementation plan as part of their communications standard operation procedure manual. Use of the State Information Radio Systems (SIRS), as a link channel through the dispatch center for each jurisdiction shall constitute fulfillment of this requirement.
7. The personnel of the requested jurisdiction shall render such assistance under the direction of the Sheriff of King William, or the Chief of West Point, as the case may be, designated by requesting jurisdiction; provided, however, that the ultimate control of the personnel of any party rendering assistance shall rest with the officers or supervisors of such personnel.
8. The services performed and expenditures made under this Agreement shall be deemed for public and governmental purposes and all immunities from liability enjoyed by the local government within its boundaries shall extend to its participation in rendering assistance outside its boundaries. It is understood that for the purpose of this Agreement, the responding party is rendering aid once it has entered the jurisdiction boundaries of the party receiving assistance.
9. All pension, relief, disability, workers’ compensation, life and health insurance, and other benefits enjoyed by said employees shall extend to the services they perform under this Agreement outside their respective jurisdictions.
10. All deputies, police officers, law enforcement agents, and other employees of the parties to this agreement shall have the same powers, rights, benefits, privileges, and immunities in every jurisdiction subscribing to this Agreement, including the authority to make arrests in every such jurisdiction subscribing to this Agreement.
11. The parties of this Agreement recognize that they are each fully capable of independently providing services to adequately serve their respective political subdivisions. The governing bodies of the parties to this Agreement each agree that this Agreement shall neither be used against the county or town in any future annexation proceedings. This cooperative Agreement is entered into in furtherance of the policies set forth in VA. CODE ANN. 15.2-1726 and 15.2-1730.1 shall be without prejudice to the counties.
12. Law enforcement support provided by the County of King William and the Town of West Point pursuant to this Agreement shall include, but not be limited to the following resources:

Manpower Support – to include uniformed deputies, and plainclothes officers;

Communications Support – mobile and other radio equipment equipped with SIRS, and other frequencies utilized by and available to King William Sheriff’s Office.

 

Any other related law enforcement equipment.

13. Subject to the terms of this agreement King William and West Point agree to provide assistance to the requesting jurisdiction in situations requiring the mass processing of arrestees, and transportation of arrestees.
14. Officers responding to the Agreement shall be granted authority to enforce the laws of the Commonwealth of Virginia and to perform the other duties of a law enforcement officer; such authority shall be in conformance with VA. CODE ANN. 15.2.-1724, 15.2-1726, 15.2-1730 and 15.2-1730.1.
15. This Agreement repeals and supersedes all previous written agreements or oral understandings relating to the provision of mutual aid of law enforcement services. With the exception of those portions of other agreements and documents referred to herein, this Agreement represents the sole document regulating the provision of mutual law enforcement services.
16. This Agreement may be terminated at any time by any party giving thirty (30) days written notice to that effect to the other parties hereto.

ORDINANCE 13-03

WHEREAS, the citizens of the Town of West Point have sustained substantial losses to property as a result of hurricane Isabel; and

WHEREAS, the West Point Town Council seeks to assist its citizens in the reconstructing of their homes after hurricane Isabel.

NOW THEREFORE BE IT ORDAINED, that the West Point Town Code is hereby amended: