TOWN OF WEST POINT

MINUTES

AUGUST 27, 2001

I. CALL TO ORDER

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

Charlie Gordon reported absent

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

A. Mrs. Gulley gave the invocation.

B. The Pledge of Allegiance was said.

II. CITIZENS ADDRESS TO COUNCIL

A. Citizens Address to Council

1. Josh Lawson addressed Town Council about his request to reduce a portion of Euclid Boulevard from 50 feet to 100 feet. This was erroneously referred to as a street closing in the agenda. If the Town were to keep this street as is, no taxes will be collected, but if it were sold to Thrift Insurance, the Town would collect taxes on this property. Mr. Conklin asked if Mr. Lawson was withdrawing his application, and Mr. Lawson stated that he was not.

2. Chief Hodges stated the West Point Police Department has recently received a number of awards. Officer Cottrell was recognized by Mothers Against Drunk Drivers in May for his efforts to combat intoxicated drivers in the area. The department was awarded second place for the HEAT Program for Division I, while Henrico County took first place. West Point Police Department won first place in the state from the Virginia Chiefs Challenge. West Point also took first place in the International Association of Chiefs of Police Chiefs Challenge. This is a major accomplishment for the department and all the officers.

III. COUNCIL RESPONSE

IV. AGENDA CHANGES

A. Mr. Sirman made a motion to approve the following agenda changes. Mrs. Ball seconded the motion, and Mrs. Ball, Mr. Conklin, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted “Aye.”

1. Mr. Conklin asked to defer both items under the Public Works Committee until the September 24^th meeting.

2. Mayor Johnson asked to add a stamp resolution under New Business, closed session under New Business, and health insurance under New Business.

V. ADOPTION OF CONSENT AGENDA

A. Mr. Conklin made a motion to approve the following agenda changes, and Mr. Sikes seconded the motion. Mrs. Ball, Mr. Conklin, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted “Aye.”

1. Minutes of July 30, 2001 Town Council Meeting

2. General Fund Cash Report

a) Cash on hand as of July 31, 2001- $949,776.90

3. Monthly Budget Report

4. School Fund Cash Report

a) Cash on hand as of July 31, 2001- $12,766.41

5. Special Fund Cash Report

a) Cash on hand as of July 31, 2001- $10,971.10

6. West Point Monthly Police Activity Report

a) From July 1, 2001 to July 31, 2001 the West Point Police Department answered 177 calls for service, wrote 54 traffic tickets, and made 10 arrests.

VI. COMMITTEE REPORTS

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

1. Regional Economic Development Partnership

a) Mr. Hudson stated Town Council approved the Regional Economic Development Partnership with Charles City and New Kent Counties a few meetings ago. Since that time, both county administrators have submitted their resignation, and they were two key representatives to the board. There is a lot of uncertainty in these counties in regards to the partnership. Mr. Hudson made a motion, on behalf of the Community Development Committee, to postpone the partnership for some period of time until Charles City and New Kent Counties partnership as well as Virginia’s River Country can be reorganized.

b) Mr. Conklin seconded the motion, and Mrs. Ball, Mr. Conklin, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted “Aye.”

c) Mr. Conklin stated that presently, the Town has three established partnerships with King William County with Mr. Brake, Virginia’s River Country, and the state’s Economic Development Partnership. Virginia’s River Country is currently without a director and supports 10 counties. There is a move by the MPPDC to split Virginia’s River Country. Mr. Conklin stated the Town should work with the Industrial Development Authority to hire a director of Economic Development to build the revenues in the Town.

2. Revitalization Update- Andy Conklin

a) Mr. Conklin stated there are four projects left in Phase I of revitalization- Main Street lights from 1^st to 6^th Streets and 10^th to 13^th Streets, the mural, the historic walk, and Beach Park. The lights are a top priority and will use up most of the remaining $230,000 from the TEA-21 funds. The mural and historic walk may have to be delayed or done only partially due to lack of funds. There is money for Beach Park, and it will be completed on schedule.

3. Master Plan Management Team

a) Mr. Hudson stated that as part of the CDBG Planning Grant, the Town is required to have a committee that represents three aspects of the Town- existing residents, neighborhoods and businesses, and stakeholders. Mr. Hudson made a motion to appoint the following members to this Master Plan Management Team to work with Town staff, Council, and the Master Plan Consultants to develop a corridor strategy for the new 14^th Street Corridor:

(1) Bobby Trible (IDA)

(2) Ty Bland

(3) Dick Brake

(4) Victor Britton (14^th Street business owner)

(5) Andy Conklin (Town Council)

(6) Paul Diggs (Planning Commission)

(7) John Harper (14^th Street business owner)

(8) Josh Lawson

(9) Leo Wagner

(10) Lynda Weaver

b) Mrs. Ball seconded the motion, and Mrs. Ball, Mr. Conklin, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted “Aye.”

4. Old Dominion Grain Resolution- [See Enclosed]

a) Mr. Hudson made a motion to approve the enclosed resolution supporting Old Dominion Grain’s grant application for industrial access railroad track funds from the Virginia Department of Rail and Public Transportation.

b) Linda Smith from Old Dominion Grain spoke and stated this improvement to the rail system will reduce truck traffic in the Town.

c) Mr. Conklin seconded the motion, and Mrs. Ball, Mr. Conklin, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted “Aye.”

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

1. Five-Year Forecast

a) Mrs. Ball stated the Town Council requested that Mr. Romanello prepare a five-year budget forecast for revenue and expenditures for fiscal years 2003-2007. Mr. Romanello, along with Town staff, Dr. Massey-Wilson, and Fire Chief Spencer Cheatham prepared an estimate of expected expenditures over the next five years to include any significant needs that they may be facing. Mrs. Ball stated the Finance Committee would like to form an advisory committee to include members of the school board, finance committee, and Town citizens to further study the budget forecast for the next five years.

b) Based on the estimated figures, Mr. Conklin stated there is significant deficit for each of the next five fiscal years- FY 2003-a deficit of $667,106, FY 2004-a deficit of $950,819, FY 2005-a deficit of $1,276,750, FY 2006-a deficit of $1,326,589, and FY 2007-a deficit of $1,603,216. The Town will not bring in enough revenue to cover the projected expenses.

c) Mrs. Ball stated it is good to know what can be expected for the coming years so the Town can plan for the expected shortfall each fiscal year.

d) Mr. Romanello cautioned about using the words deficit and shortfall. The budget is balanced for this fiscal year, as it is required to be by law. The projections for the next five years are only estimates.

2. Request for Public Hearing- Re-appropriations

a) Mrs. Ball made a motion to authorize the Town Manager to advertise for a public hearing to re-appropriate $45,000 from the General Fund undesignated fund balance to fiscal year 2002 General Fund for labor, materials, equipment, and site preparation related to the construction of a public playground

b) Mr. Sirman seconded the motion, and Mrs. Ball, Mr. Conklin, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted “Aye.”

c) Mrs. Ball made a motion to authorize the Town Manager to advertise for a public hearing to appropriate $23,250 to the Water Utility Fund for partial funding of the Beach Park Storm Drainage Improvement Project.

d) Mr. Conklin seconded the motion, and Mrs. Ball, Mr. Conklin, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted “Aye.”

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

1. There were no items for report of discussion.

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

1. West Point Police Department Assessment & Work Plan

a) Two police department consultants, Fred Russell and Herb Nichols, were hired to conduct an assessment of the West Point Police Department and address what has been done well and to discuss areas for improvement.

b) Mr. Romanello stated that Mr. Russell and Mr. Nichols also included in the assessment a work plan for the next two to three years. Chief Hodges has gone through these recommendations and placed them in a timeline for implementation along with the staff responsible for the completion. Many items are already underway, and Mr. Romanello stated there would be updates to Council on the progress of the work plan.

c) Mrs. Gulley stated police officers and teachers do not hear nice comments often, and she encouraged the public to let them know when they do a good job.

2. Twin Rivers Counterdrug Multi-jurisdictional Task Force

a) Chief Hodges stated the Twin Rivers Counterdrug Multi-jurisdictional Task Force is an organized effort by the Virginia State Police between the Town of West Point, King William County, King and Queen County, and the ABC Board to reduce drugs and help investigations. Any assets brought in will be used for further investigative tools.

b) Mr. Sirman made a motion to approve the West Point Police Department’s involvement in the Twin Rivers Counterdrug Multi-jurisdictional Task Force subject to any final wording changes made by the Town Attorney.

c) Mrs. Gulley seconded the motion, and Mrs. Ball, Mr. Conklin, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted “Aye.”

VII. TOWN MANAGER ITEMS

A. Fuel Service Bids

1. Mr. Romanello reported the Town received two bids for fuel service, one from Trible Perry Papco Oil Company and one from Milby Oil Company, Inc. They were asked to submit a fixed discount per gallon of fuel for the period of the contract and a fixed price per gallon of gasoline for the period of the contract. Mr. Romanello stated only Trible Perry quoted a fixed price for the contract year and it is $.9050 per gallon of unleaded fuel for the period of September 1, 2001 to August 31, 2002. This is the preferred option of Town staff and the Finance Committee.

a) Mr. Sirman made a motion to award the fuel service contract to Trible Perry Papco Oil Company.

b) Mrs. Ball seconded the motion, and Mrs. Ball, Mr. Conklin, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted “Aye.”

B. Dominion Virginia Power Agreement

1. Mr. Romanello stated the Virginia Association of Counties and the Virginia Municipal League have negotiated, on behalf of Virginia’s local governments, a locked in rate for the next seven years for electrical service. This will be beneficial as the deregulation of the electric industry occurs. The rates of electricity for local government will remain constant and it will give the Town protection for the next seven years.

a) Mr. Hudson made a motion to authorize the Mayor to execute the Dominion Virginia Power Agreement.

b) Mr. Conklin seconded the motion, and Mrs. Ball, Mr. Conklin, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted “Aye.”

VIII. TOWN ATTORNEY ITEMS

A. There were no items for report or discussion.

IX. OLD BUSINESS

A. Self-Funding Digital Community- Mr. Sikes

1. Mr. Sikes presented the collaborative sponsorship agreement that will generate funds to support the technology project in the Town of West Point. If a local business signs up for this agreement, technology providers will donate about 9% of their phone bill to WestPointVirginia, Inc. to invest in improving the technology of the area. Those who participate in this program do not have to change telephone providers or services. The telephone providers will deposit the funds directly into the WestPointVirginia, Inc. bank account. The technology providers, WestPointVirginia, Inc., and the local businesses all “win” in this situation. There are other local businesses participating in this program, and Mr. Sikes requests the Town Council’s permission to sign up the Town of West Point. It will not cost the Town any money.

a) Mr. Conklin made a motion to support the self-funding digital community collaborative sponsorship agreement for the Town of West Point.

b) Mrs. Gulley expressed her need to let the public know that the Town does not have any control over where the funds will be distributed, other than from the Town’s phone bill. The non-profit, WestPointVirginia, Inc., decided the best use for the funds provided by other businesses.

c) Mr. Sikes seconded the motion, and Mrs. Ball, Mr. Conklin, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted “Aye.”

X. NEW BUSINESS

A. Stamp Resolution- [See Enclosed]

1. Mr. Sikes made a motion to approve the enclosed resolution requesting the Citizens Stamp Advisory Committee recommend that the Postmaster General recognize, on a commemorative stamp or post card, the King William Courthouse as the oldest courthouse in the United States in continuous use.

2. Mr. Sirman seconded the motion, and Mrs. Ball, Mr. Conklin, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted “Aye.”

B. Closed Session

1. Mr. Sirman made a motion to enter into a closed session pursuant to Virginia Code Section 2.1-344 (A)(7) consultation with legal counsel, or briefing by staff or consultants, pertaining to probable future litigation because public discussion at this time would adversely our litigation or negotiating posture. (TCBH Corporation v. the Town of West Point and for consultation with legal counsel regarding specific legal matters involving machinery and tools tax.) Mrs. Ball seconded the motion, and Mrs. Ball, Mr. Conklin, Mrs. Gulley, Mr. Sikes, and Mr. Sirman voted “Aye.” Mr. Hudson abstained from voting, and during the discussion in closed session, Mr. Hudson was not present.

2. Mrs. Ball made a motion to enter into an open session, and Mr. Sirman seconded the motion. Mrs. Ball, Mr. Conklin, Mrs. Gulley, Mr. Sikes, and Mr. Sirman voted “Aye.”

3. Mrs. Gulley 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. Mr. Sirman seconded the motion, and Mrs. Ball, Mr. Conklin, Mrs. Gulley, Mr. Sikes, and Mr. Sirman voted “Aye.”

4. Mr. Conklin made a motion to authorize the Town Manager to advertise for a public hearing on Ordinance 6-01, which emphasizes that the 50% exemption for certified pollution control equipment and facilities is effective for the tax year 2001, and changes the effective date of the 50% exemption from March 26, 2001 to January 1, 2001.

5. Mrs. Ball seconded the motion, and Mrs. Ball, Mr. Conklin, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted “Aye.”

C. Health Insurance

1. In a May 29, 1990 agreement after 31 years of service to the Town, Mary Dunn was assured “hospitalization and major medical coverage to supplement her medical coverage for the rest of her natural life, at no cost…” Trigon is currently unable to provide full health insurance to Mrs. Dunn. Mr. Hudson made a motion to (1) provide Mrs. Mary Dunn with Trigon Medicare Supplement F, which includes a prescription drug program, at no cost to Mrs. Dunn, (2) the Town will reimburse Mrs. Dunn for all out of pocket prescription drug expenses up to $500 per month except for the amount of co-payment Mrs. Dunn would have to pay if she were in the employee health insurance coverage, and (3) the Town will provide these benefits to Mrs. Dunn this year and in future years through Trigon or another insurance carrier, should the Town change health insurance providers.

2. Mrs. Gulley seconded the motion, and Mrs. Ball, Mr. Conklin, Mrs. Gulley, Mr. Hudson, Mr. Sikes, and Mr. Sirman voted “Aye.”

XI. ADJOURNMENT

A. Mr. Sirman made a motion to adjourn, and Mr. Conklin seconded the motion.

B. Mayor Johnson adjourned the meeting.

_________________________________

MAYOR

ATTEST:

________________________________________

Sharon L. Bantel

Town Clerk

RESOLUTION FOR LOCAL SUPPORT OF THE UTILIZATION OF INDUSTRIAL ACCESS RAILROAD TRACK FUNDS

A RESOLUTION OF THE

WEST POINT TOWN COUNCIL

WHEREAS, Old Dominion Grain has expressed its intent and desire to the West Point Town Council to expand its commercial, business, or industrial operations in the Town of West Point, and

WHEREAS, Old Dominion Grain and its operation will require additional rail access, and

WHEREAS, the officials of Old Dominion Grain have reported to the Town their intent to apply for industrial access railroad track funds from the Commonwealth of Virginia’s Department of Rail and Public Transportation in the amount of $83,415, and

WHEREAS, Old Dominion Grain has requested that the West Point Town Council provide a resolution supporting its application for said funds, which are administered by the Virginia Department of Rail and Public Transportation.

NOW, THEREFORE, BE IT RESOLVED that the West Point Town Council hereby endorses and supports the application of Old Dominion Grain, for $83,415 in industrial access railroad track funds, and

BE IT FURTHER RESOLVED that the West Point Town Council hereby makes known its desire and intent that the Commonwealth Transportation Board provide the maximum financial assistance to Old Dominion Grain, for the purpose of locating its business, commercial, or industrial facility in the Town of West Point.

Certified to be a true copy of a resolution adopted by the Town Council of the Town of West Point at its regular monthly meeting held August 27, 2001 at which meeting a quorum was present and voted throughout.

Sharon L. Bantel, Town Clerk

TOWN OF WEST POINT

TRICENTENNIAL COMMEMORATION STAMP

RESOLUTION

WHEREAS, on April 11, 2002 King William County will celebrate its tri-centennial, and

WHEREAS, the King William Courthouse is the oldest courthouse in continuous use in the United States, now

THEREFORE BE IT RESOLVED BY Town Council of the Town of West Point, the West Point Town Council requests the Citizens Stamp Advisory Committee recommend that the Postmaster General recognize, on a commemorative stamp or post card, the King William Courthouse as the oldest courthouse in the United States in continuous use.

Sharon L. Bantel, Town Clerk

CALL TO ORDER

Members Present: Mayor Burke Johnson, Deborah Ball, Andy Conklin, Charlie Gordon, Jim Hudson,and Bill Sirman

Tina Gulley and Olen Sikes reported absent

Also Present: Anthony Romanello, Town Manager; Andrea Erard, Town Attorney; Sharon Bantel, Town Clerk; TC Moore, Town Treasurer; and other interested persons

Mr. Conklin gave the invocation.

1. B The Pledge of Allegiance was said.

CITIZENS ADDRESS TO COUNCIL

Public Hearing- Street Abandonment- Sandy Creek Street

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

2. Public Hearing- Alley Abandonment- Chelsea and Bagby Street

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

3. Citizens Address to Council

1. Mr. Romanello asked Andrea Erard, Town Attorney, to provide a legal opinion on the placement of the Confederate flags at Sunny Slope Cemetery. The following is Ms. Erard’s statement:

“I have carefully researched this issue before forming my opinion. While Constitutional law often makes fine distinctions in the reach of its protection, in this case I believe the law is clear.

“The First Amendment to the United States Constitution protects freedom of speech. Flags are a form of speech that is protected by the First Amendment.

“That being said, not all speech is protected by the First Amendment. For example, speech that is defamatory, obscene, and “fighting words” is not protected by the Constitution. But, speech that is offensive to some people is protected by the First Amendment as long as it is not defamatory, obscene, or “fighting words.” The United States District Court for the Western District of Virginia has ruled that the Confederate flag is protected by the First Amendment.

“While the Town may make reasonable regulations in accordance with state and federal law regarding speech at Sunny Slope Cemetery, I believe that the Town may not single out the Confederate flag for prohibition.”

3. Mayor Johnson stated that the Town Administration never intended to make a decision contradictory to state or federal law. The Town Administration and the Town Council have always, and will continue as always, to adhere and obey all state and federal laws.

4. William M. Graham, 10^th Street, stated that everybody should have the right to fly the flag of their ancestors over their gravesite, including Confederate soldiers. Mr. Graham also stated that he saved over $200 in his prescription costs by going to Gloucester Pharmacy and not Rite Aid here in Town. While in Gloucester he went grocery and clothes shopping, and the Town lost out on business taxes due to the high prices at Rite Aid. Mr. Graham also stated that VDOT should start on 1^st Street in Town when repairing the sidewalks and work up from there.

5. Robert J. Glazier, Williamsburg, member of the Sons of Confederate Veterans, stated that he is here fighting for southern rights. The Confederate flag is an American flag, and Confederates were Americans. Mr. Glazier stated that the War of Northern Aggression has been characterized as being fought over one issue, and it was about more than this one issue. Politicians should take a common sense approach to this subject.

6. Henry Kidd, Colonial Heights, State Commander of the Sons of Confederate Veterans, addressed council about the Confederate flags at Sunny Slope Cemetery. He stated legal proceedings against the Town have been started, but after the decision read tonight, they will not advance. Mr. Kidd stated that when he speaks publicly, he advocates diversity and acceptance of all cultures, heritages, and ethnic backgrounds. The Confederate flag has the blood of his and other families on it, and they need others to respect it.

7. Tory Atkins, King William County, stated that four of her ancestors are buried in Sunny Slope Cemetery. She thanked Town Council for allowing her to replace the 34 flags that were removed from Sunny Slope Cemetery. Ms. Atkins stated that her only regret was that on Memorial Day, the Confederate veterans did not have the flag they fought for displayed, and therefore they were not honored on the day in which all veterans are remembered.

8. Jefferson Ellet, New Kent County, thanked council for their decision to allow Confederate flags at Sunny Slope Cemetery. Mr. Ellet is currently the Virginia Heritage Coordinator and is involved in the William Latney Camp who marches in the Crab Carnival Parade.

9. Jerry Wells, Henrico County, stated Memorial Day is a day for remembering all veterans of all race, creed, or color. Mr. Wells stated he is proud of his Confederate heritage. The veterans of both sides of the war, not just the victors, should be honored.

10. Albert Anderson thanked Town Council for their decision to allow Confederate flags at Sunny Slope Cemetery.

11. Ralph Baylor thanked Town Council for their decision to allow Confederate flags at Sunny Slope Cemetery.

12. Bill Beswick, West Point, stated he only saw two faces he recognized in the room tonight, and his comments were directed to West Point residents only.

13. Miles Reid, West Point, stated that when dealing with politics, race, and religion, people tend to act through feelings, and the flag is an emotional subject. The Confederate flag is not the issue but the meaning associated with the Confederate flag. Mr. Reid stated he has a different interpretation of the Confederate flag other than the opinions stated, and his images are not as positive. When the Veterans of Foreign Wars place flags on graves of veterans, they place American flags. Mr. Reid stated this Town needs unity, peace, and togetherness, and everyone should unite and move forward for the betterment of the Town and the USA.

14. No one else wishing to address council, Mayor Johnson closed the public hearing.

COUNCIL RESPONSE

Mr. Conklin responded to Mr. Graham and stated the Public Work Committee has established a priority list for the repair of the sidewalks. The Public Works Committee would be happy to discuss the issues with Mr. Graham.

Certified to be a true copy of a resolution adopted by the Town Council of the Town of West Point at its regular monthly meeting held June 25, 2001 at which meeting a quorum was present and voted throughout.

_______________________

Sharon L. Bantel, Town Clerk