1. CALL TO ORDER

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

Also Present: Anthony Romanello, Town Manager; Sharon Bantel, Town Clerk; Andrea Erard, Town Attorney; Bill Hodges, Chief of Police; TC Moore, Town Treasurer; Donna Pauley, Deputy Treasurer; and other interested persons

1. Mr. Sikes gave the invocation.
1. The Pledge of Allegiance was said.
1. IDA Update- Charlie Barbour

1. Mr. Barbour stated the IDA recommends the appointment of Larry Price to the IDA.
1. Some members of the IDA are apprehensive about keeping the Be-Lo property, and feel it is better to sell this building to a developer. Mr. Barbour stated he would keep Town Council updated on the situation. There are two or three good prospects for the shell building,
1. Mr. Barbour stated the West Point Town Council should decide on the role they wish to take in regards to the IDA.
1. Mr. Barbour stated that due to personal reasons, he has decided to resign from the IDA. Rae Ehlen will be the new Chairman starting August 1, 2002.

1. Awards

1. Chief Hodges, along with Sgt. Cottrell and Maggie Haley with the Virginia Chiefs Association presented an award in recognition of Telenna Pollard for wearing her seat belt when she was in an accident on November 1, 2001.
1. Chief Hodges recognized Sgt. Cottrell for receiving the Mothers Against Drunk Drivers award for having the most DUI arrests in the area. Due to the efforts of officers like Sgt. Cottrell, in 1999 there were 34 alcohol related accidents in West Point, but in 2000 that number was reduced to one.
1. Mayor Johnson was recognized by the West Point Police Department for his positive impact and support of the police department.

 

1. CITIZENS ADDRESS TO COUNCIL

1. Public Hearing- Town Council Vacancy

1. Charlie Barbour stated that he submitted an application for the vacant Town Council position. If Mr. Barbour was not to be considered by the Town Council, he stated Phil Liberato should be considered.
1. Phil Liberato addressed Town Council as to the reasons why he should be appointed to fill the vacant Town Council position.
1. Stan Brewer addressed Town Council as to the reasons why he should be appointed to fill the vacant Town Council position.
1. Bill Beswick addressed Town Council as to the reasons why he should be appointed to fill the vacant Town Council position.
1. Dick Brake addressed Town Council as to the reasons why he should be appointed to fill the vacant Town Council position.

1. Citizens Address to Council

1. No one wishing to comment, Mayor Johnson closed the citizen’s address to Town Council.

 

1. COUNCIL RESPONSE

1. Vice Mayor Tina Gulley presented a certificate of recognition and appreciation to Mayor R. Burke Johnson, Sr.
1. Mr. Conklin presented the gavel to Mayor Johnson and stated, "The gavel is like the voting booth, and is really a symbol of democracy. Council meetings, like democracy, are the experiences of life itself and as one president said, ‘are always changing, infinite in the variety, sometime turbulent, and all the more valuable for having been tested by adversity.’ Your management of the West Point Town Council always took the high road. Your always allow the Council to speak, interrupt, get emotional, argue, yell, glare, and laugh. Most importantly, you kept us civil. So the Council thanks you for the intelligent use of this gavel, and we hope its display in your home will bring nothing but fond memories."
1. Mayor Johnson expressed his gratitude for the honors and recognition that he received tonight.

 

1. AGENDA CHANGES

1. Mr. Hudson made a motion to approve the following agenda changes, and Mr. Conklin seconded the motion. Mrs. Ball, Mr. Conklin, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."

1. Mr. Romanello requested that under Town Managers Items, CDBG Grant Application and Review of July Calendar be added.

 

1. ADOPTION OF CONSENT AGENDA

1. Mr. Conklin made a motion to approve the following agenda changes, and Mrs. Ball seconded the motion. Mrs. Ball, Mr. Conklin, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."

1. Minutes of May 29, 2002 Town Council Meeting
1. Cash Reports

1. General Fund

1. Cash on hand as of May 31, 2002- $1,583,891.48

1. CIP

1. Cash on hand as of May 31, 2002- $134,559.17

1. Water Fund

1. Cash on hand as of May 31, 2002- ($294.90)

1. Monthly Budget Report
1. School Fund Cash Report

1. Cash on hand as of May 31, 2002- $314,904.67

1. Special Fund Cash Report

1. Cash on hand as of May 31, 2002- $80,105.82

1. West Point Monthly Police Activity Report

1. From May 1, 2002 to May 31, 2002, the West Point Police Department answered 247 calls for service, wrote 52 traffic tickets, and made 16 arrests.

 

1. COMMITTEE REPORTS

1. Public Works- Mr. Gordon reported for the committee

1. York Street- Request for Public Hearing

1. Mr. Gordon made a motion authorizing the Town Manager to advertise for a public hearing on a request made by James E. and Deloris V. Carter to abandon a portion of York Street and to direct the Town Manager to select three viewers to give a report to the Public Works Committee.
1. Mr. Sirman seconded the motion, and Mrs. Ball, Mr. Conklin, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."

1. Community Development - Mr. Hudson reported for the committee

1. Master Plan Management Team Update

1. Issues for Town Council Consideration

1. Mr. Romanello reported that the Master Plan Management Team recommends that the Town would control landscape and tree maintenance on the 14^th Street Corridor after the completion of the new roadway. VDOT would handle all other maintenance responsibilities including lights, crosswalks, brick pavers, and crosswalks. Another issue to consider is the issue of irrigation along the corridor and the maintenance responsibility of the overlooks that are to be built along the West Point Creek and Mattaponi River.
1. Mr. Hudson made a motion to permit the Town of West Point to accept landscape and tree maintenance of the 14^th Street Corridor after construction of the new roadway and VDOT accept all other maintenance responsibilities including, but not limited to, lights, crosswalks, brick pavers, and street furniture.
1. Mrs. Ball seconded the motion, and Mrs. Ball, Mr. Conklin, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."

1. Building Code Enforcement Agreement- [See Enclosed Agreement]

1. Mr. Hudson made a motion to approve the enclosed Agreement For Building Code Enforcement Services with King William County and authorize the Mayor to execute and deliver the agreement.
1. Mr. Conklin seconded the motion.
1. Mr. Conklin asked if the Town would be involved if a decision made was appealed. Ms. Erard and Mr. Romanello stated that King William County would handle the entire process.
1. Mrs. Gulley expressed her concern about the property maintenance codes for the Town of West Point. Ms. Erard and Mr. Romanello stated that King William County would enforce the Uniform Property Code. The Zoning Administrator will enforce the separate ordinances for the Town of West Point.
1. Mrs. Ball, Mr. Conklin, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."

1. ITI Lease- Authorization for Public Hearing

1. Mr. Hudson made a motion to authorize the Town Manager to advertise the ITI Lease for a public hearing.
1. Mrs. Gulley seconded the motion, and Mrs. Ball, Mr. Conklin, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."

1. Financial Support for the Chamber of Commerce

1. Mr. Hudson stated that the Chamber of Commerce asked the Town of West Point for financial support of $3,600 per year from the Town Council for one year.
1. Mr. Hudson made a motion to give $3,000 in financial support of the West Point Chamber of Commerce for FY 2003.
1. Mr. Conklin seconded the motion, and Mrs. Ball, Mr. Conklin, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."

1. Skydive the Point Leases

1. Mr. Hudson made a motion to authorize the Town Manager to advertise for a public hearing on the lease of both the Terminal Building and Chesapeake hangar to Skydive the Point.
1. Mr. Conklin seconded the meeting, and Mrs. Ball, Mr. Conklin, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."

1. Education Committee- Mr. Sikes reported for the committee

1. Mr. Sikes reminded Town Council about the Arts Council that needs to be implemented in the near future. Mr. Conklin stated that Mr. Sirman would be the coordinator for this group.
1. Mr. Conklin stated that he has invited Dr. Jane Massey-Wilson to the July West Point Town Council meeting to make a presentation on the state of the schools.

1. Public Safety- Mrs. Gulley reported for the committee

1. Virginia Police Department Accreditation

1. Mrs. Gulley reported on the accreditation process of the West Point Police Department. There are four steps to this application:

1. Make application, which the West Point Police Department has completed.
1. Internal self-assessment.
1. On-site assessment by other law enforcement departments to see if the 215 standards of accreditation are met.
1. Final decision is made if these standards are met.

1. Mrs. Gulley stated that the benefit of this process is that it is not costly. The goal of the West Point Police Department is to be accredited within three years.

1. Finance Committee- Mrs. Ball reported for the committee

1. Purchase of New Police Vehicle

1. Mrs. Ball made a motion that the Town of West Point purchase a police 1998 Ford Crown Victoria from the Virginia State police for the price of $7,000.
1. Mr. Sirman seconded the motion, and Mrs. Ball, Mr. Conklin, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye." Mr. Gordon voted "Nay."

 

1. TOWN MANAGER ITEMS

1. Request to Purchase Town Lots

1. Mr. Romanello reported that the Town of West Point has the opportunity to purchase two Town lots that adjoin the Public Works Office located on 7^th and Kent Streets. Lots 335 and 331 are for sale for $500 each. This would enable the Town to use the land for further expansion of the Public Works Department.
1. Mr. Gordon made a motion to purchase Town lots 335 and 331 for $500 each. Mrs. Ball seconded the motion, and Mrs. Ball, Mr. Conklin, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."

1. CDBG Application

1. Mr. Romanello stated that the Town’s application to receive funds from the Department of Housing and Community Development was not successful. The application was strong, but Mr. Romanello reported that two things hurt the Town’s application. One, at the time of review, VDOT had not finalized their six-year plan, so the DHCD did not know if the bridges’ product was actually funded. Second was a lack of private commitment. Mr. Romanello stated that we now have overcome both of these obstacles, and the DHCD indicated the application is stronger and would be funded in future years.

1. Review of July Calendar

1. Mr. Romanello reviewed the following changes to the Town Council calendar:

1. Education Committee

1. Cancelled for this month

1. Public Safety Committee

1. Will be rescheduled

1. Swearing In Ceremony

1. June 28, 2002 at 10 am

1. Town Council Organizational Meeting

1. July 1, 2002 at 12:30 pm

1. Town Council Work Session

1. July 29, 2002 at 5 pm

1. Employee Picnic

1. June 29, 2002 at 2 pm

 

1. TOWN ATTORNEY ITEMS

1. There were no items for report or discussion.

 

1. OLD BUSINESS

1. Resolution Honoring Roger and Elizabeth Webb- [See Enclosed Resolution]

1. Mr. Sirman made a motion to adopt the enclosed resolution to honor Roger and Elizabeth Webb.
1. Mr. Gordon seconded the motion, and Mrs. Ball, Mr. Conklin, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."

1. E-Community

1. Mr. Sikes requested placing signs along the new 14^th Street Corridor to promote the website www.westpointvirginia.org to assist those interested in learning about Town activities. Mr. Sikes also proposed adopting the proclamation, "Our community will begin to include electronic addresses and mail into our normal methods of communication."
1. Mrs. Gulley stated that WestPointVirginia, Inc. and the Town of West Point should be separate, and this sign links the two. Mrs. Gulley asked who the website manager is, and Mr. Sikes stated that for right now, it is his responsibility.
1. Mrs. Gulley made a motion to adopt the following proclamation: "Our community will begin to include electronic addresses and mail into our normal methods of communication."
1. Mr. Conklin seconded the motion, and Mrs. Ball, Mr. Conklin, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."
1. The sign issue will be given to all the committees to review and make recommendations.

 

1. NEW BUSINESS

1. 2002 Crab Carnival Master Plan

1. Gerry Barnes and Sharon Moskalski presented the 2002 Crab Carnival Master Plan. The essay contest, antiques and collectables committee, and the river cruises were eliminated from last year and a golf tournament at the Piankatank Golf Club was added.
1. Mrs. Gulley made a motion to approve the 2002 Crab Carnival Master Plan. Mr. Sirman seconded the motion, and Mrs. Ball, Mr. Conklin, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."

1. IDA Vacancy

1. Mr. Conklin made a motion to appoint Larry Price to the West Point Industrial Development Authority.
1. Mr. Hudson seconded the motion, and Mrs. Ball, Mr. Conklin, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."

1. Bridge Speed Limit

1. Mr. Conklin stated that there was a meeting with VDOT and representatives from New Kent, King William, and King and Queen Counties to discuss the status of the bridge. The possibility of reducing the speed limit on the bridges to 25 miles per hour was addressed.
1. Mr. Conklin made a motion indicating Town Council support a bridge speed limit reduction of 25 miles per hour on both bridges.
1. Mr. Sikes seconded the motion, and Mrs. Ball, Mr. Conklin, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."

1. Agenda Change

1. Mr. Conklin made a motion to add a discussion of Health Insurance on the Agenda.
1. Mr. Sikes seconded the motion, and Mrs. Ball, Mr. Conklin, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."

1. Health Insurance

1. Town Council had a discussion on the health insurance for Town employees.
1. Mr. Gordon stated he was concerned with not only the increase in premiums but also the increase in co-payments for doctor visits and prescriptions. He proposed that the Town keep Trigon Product 10 for one more year, and the Town absorb the increase, which would cost about $15,500.
1. Mr. Romanello stated that the Town budgets $298 per employee per month for the cost of health insurance. The cost for employees only covering themselves is lower than the budgeted amount. There is about $11,500 more than required in the budget to pay the Town’s share of health insurance.
1. After a lengthy discussion, Mr. Conklin made a motion to give Town employees a one-time bonus of $300 ($11,500 divided evenly between full time employees) to defer the cost of the increase in health insurance. Mr. Sirman seconded the motion. Mrs. Ball, Mrs. Gulley, and Mr. Hudson voted "Nay." Mr. Conklin and Mr. Sikes voted "Aye." Mr. Gordon and Mr. Sirman abstained from voting.
1. Mr. Sikes made a motion to amend Town Council’s prior decision and chose Trigon Produce 10 over Product 15 and no employee pays an increase in monthly premiums over last year’s prices.
1. Mr. Conklin made a motion to table the above motion. Mr. Sirman seconded the motion, and Mrs. Ball, Mr. Conklin, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye." Mr. Gordon abstained from voting.

1. Closed Session

1. Mrs. Gulley made a motion to enter into a closed meeting pursuant to Virginia Code § 2.2-3711(A)(1) for the discussion or consideration or interviews of prospective candidates for employment--Zoning Administrator and the appointment of a member to Town Council to fill the unexpired term of Andrew J. Conklin and pursuant to Virginia Code § 2.2-3711(A)(7) for consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel--tax exemption on certified pollution control equipment. Mr. Sirman seconded the motion, and Mrs. Ball, Mr. Conklin, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye." Mr. Romanello was not present in the closed session during the discussion concerning the selection of a Town Council member.
1. Mrs. Gulley made a motion to reconvene to an open session. Mr. Hudson seconded the motion, and Mrs. Ball, Mr. Conklin, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."
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 matters specifically identified in the motion to convene in closed session and lawfully permitted to be so discussed under the provisions of the Virginia Freedom of Act cited in the motion. Mr. Sikes seconded the motion, and Mrs. Ball, Mr. Conklin, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."
1. Mr. Conklin made a motion to appoint Claire Jones as Zoning Administrator effective July 29, 2002. Mr. Sikes seconded the motion, and Mrs. Ball, Mr. Conklin, Mr. Gordon, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye."

 

1. ADJOURNMENT

1. Mr. Conklin made a motion to adjourn, and Mr. Gordon seconded the motion.
1. Mrs. Ball, Mr. Conklin, Mr. Gordon, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted "Aye," and Mayor Johnson adjourned the meeting.

ATTEST:

________________________________________

Sharon L. Bantel

Town Clerk

2. AGREEMENT FOR
3. BUILDING CODE ENFORCEMENT SERVICES

This Agreement is dated this 1st day of August 2002, between the County of King William, Virginia (the "County") and the Town of West Point, Virginia (the "Town") For the mutual benefit of the parties and the covenants contained herein, the parties hereby agree as follows:

1. Term of Agreement: This Agreement shall be effective for one year from the date of its execution and shall automatically renew from year to year, unless terminated by one of the parties as allowed herein.

2. Territorial Jurisdiction of Agreement: All of the territory lying within the current or future corporate boundary of the Town.

3 Services Provided By County: The County shall enforce the Uniform Statewide Building Code and the King William County Property Maintenance Code, as may be amended, within the corporate limits of the Town. Enforcement action shall be consistent and uniform as applied in both King William County and the Town of West Point. The County shall perform all plan review, permitting, inspection, and appeals activities for the aforementioned codes in compliance with applicable law or regulation. The County will also be responsible for legal action(s) to enforce the Uniform Statewide Building Code. In addition, the County shall provide fire code inspections in consultation and coordination with the West Point Volunteer Fire Department as well as Fire Marshal services. The County shall notify the Town Manager promptly when a notice of violation is issued and he shall receive a copy of such notice of violation upon its issuance regarding the enforcement of the Uniform Statewide Building Code and the King William Property Maintenance Code. The County shall be responsible for the budgeting, appropriation and expense payment, including but not limited to legal fees, of all costs associated with the permitting and enforcement of the aforementioned codes.

4. Official Address/Location of Building Official: For purposes of the Agreement, the official address/location of the building official’s office shall be: King William County Building Official, County Administration Building, 180 Horse Landing Road, Post Office Box 215, King William Court House, Virginia 23086. The County may relocate the Building Official’s Office at its sole discretion and expense. Except in response to casualty or other unforeseen emergency, the Town shall be provided a minimum of thirty (30) days' written notice prior to such office relocation.

5. Documents Provided By Town: The Town shall convey to the County within a reasonable period of time from the effective date of this Agreement, all building code-related documents including plans, specifications and permits. The Town shall provide the County with legible duplicate copies of all zoning, public utility and other permits issued by the Town preparatory to the application of building permits.

6. Maintenance, Retention and Inspection of Documents: The County shall be the custodian of all documents related to the permitting and enforcement of the aforementioned codes including those documents conveyed to the County in accordance with Item # 5 above. The County shall maintain all such documents in good condition, reasonable wear and tear excluded. These documents shall include permit applications, building plans, appeals applications and minutes of the Board of Building Appeals. If the Agreement is terminated, the County shall convey all applicable documents to the Town within a reasonable period of time from the effective date of said termination. Unless authorized by the County Attorney, this conveyance shall exclude those documents pertaining to potential, probable or actual litigation to which the County may or is a party, unless that litigation involves the Town.

7. Code Amendments: The County shall retain and maintain a current copy of all the aforementioned codes, which shall be available for inspection by the Town and public during the Building Official’s Office’s normal business hours. The County shall provide the Town within five (5) business days a written copy of any adopted amendments to the King William County Code pertaining to the aforementioned codes, including fee schedules. The County shall not be required to provide notification to the Town of amendments to any state or national code referenced in this Agreement or the County Code.

8. Enforcement Personnel: All public officials and support personnel involved in the enforcement of the aforementioned codes shall be employees of the County and shall be governed by the County’s Personnel Policy. The County shall have sole discretion and total responsibility for the employment, training, performance, retention, promotion, demotion, termination, compensation and other matters pertaining to these public officials and support personnel. The County shall provide five (5) business days' written notice to the Town regarding any changes in the building official and fire marshal inspector positions and the Building Official’s Office hours. Any complaints generated by the Town regarding the performance of the County public officials and support personnel shall be directed first to the County Administrator, who may direct such complaints to the appropriate subordinate for response or resolution.

9. Code Enforcement Policies and Procedures: The County may establish formal written and informal policies and procedures for the effective and timely enforcement of the aforementioned codes, including appeals of Building Officials’ interpretations and decisions, the assessment and collection of fees and charges, and the resolution of complaints. The County and Town may establish joint or mutual policies and procedures to ensure the effective, timely and coordinated enforcement of the aforementioned codes as well as other Town development statutes and regulations, provided that such policies and procedures are in conformance with Item # 10 below.

10. Town Development and Utility Ordinances: The Town shall enforce at its sole expense all other codes including, but not limited to, zoning, Chesapeake Bay Preservation Act regulations, wetlands, erosion and sediment control, storm water management, and public utilities. The County shall not enforce and shall not be responsible for any code, ordinance or regulation that is not delineated in this Agreement. The County shall not issue any building permit for any structure or purpose unless and until the Town shall have issued all applicable Town permits and collected all applicable fees and charges.

11. Notification Requirements: If the expiration date of any notification requirement stipulated in the Agreement shall fall on a weekend or legal holiday then such notification requirement shall be expire on the succeeding business day of the County or Town as applicable.

12. Amendment of Agreement: The Agreement may be amended at any time upon the mutual written consent of both parties.

13. Termination of Agreement: The Agreement may be terminated by either party upon one hundred eighty (180) days' prior written notice to the other party. The duration of such notice may be reduced by the prior mutual written consent of both parties.

14. Official Contacts: Official contacts for interpretations, amendments, extensions and termination of the Agreement shall directed to or through the King William County Administrator at 180 Horse Landing Road, King William, Virginia 23086 and the West Point Town Manager at 329 6th Street, West Point, Virginia 23181.

LET IT BE RESOLVED that the Council of the Town of West Point, on behalf of all its citizens, expresses thanks to Roger and Elizabeth Webb for their unique gifts given so freely, for their time and intellect, and for their example to all of the true meaning of public service, purpose, and trust.