TOWN OF WEST POINT

MINUTES

OCTOBER 29, 2001

I. 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; Karen Barrow, Vice Town Clerk; Andrea Erard, Town Attorney; TC Moore, Town Treasurer; and other interested persons

A. Mr. Sikes gave the invocation.

B. The Pledge of Allegiance was said.

II. CITIZENS ADDRESS TO COUNCIL

A. Resolution to Honor Benjamin Skinner- [See Enclosed Resolution]

1. Mr. Conklin made a motion to adopt the enclosed resolution to honor Mr. Benjamin Skinner for his numerous contributions and years of dedicated service to the Town of West Point.

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

B. Mayor’s Committee- Chip Mill Landscaping

1. Mr. Conklin requested that this item be tabled until the November meeting. He stated that Mr. Jason Thompson, the manager of Chip’s Mill Landscaping, was unable to attend tonight’s meeting.

C. DMV Recognition

1. Mayor Johnson stated that the West Point Licensing Agency/ West Point CSDA District has been recommended by the Commissioner’s Cup Nomination Forum to receive the Commissioner’s Cup Award.

2. Mr. Romanello acknowledged the following West Point DMV/ Town employees for their excellent service: Kelly Cade, Joanie Gordon, TC Moore, Donna Pauley, and Charlotte Scanlan.

D. Citizens Address to Council

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

III. COUNCIL RESPONSE

A. Council had no response.

IV. AGENDA CHANGES

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

1. Mr. Sikes requested that under the Public Safety Committee report two additional item numbers be added: 1) traffic lights and 2) the school’s emergency generator. He also requested that an additional committee report be added called Technology Committee.

2. Mrs. Gulley requested that under the Public Safety Committee report an additional item be added to reschedule the November Public Safety Committee meeting. Mrs. Gulley also requested that item B under New Business concerning the IDA vacancy be deferred to the November meeting.

3. Mayor Johnson requested a Closed Meeting prior to adjournment.

V. ADOPTION OF CONSENT AGENDA

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

1. Minutes of September 24, 2001 Town Council Meeting

2. Cash Reports

a) General Fund

(1) Cash on hand as of September 30, 2001- $981,196.76

b) Water Fund

(1) Cash on hand as of September 30, 2001- $46,202.29

c) CIP Fund

(1) Cash on hand as of September 30, 2001- $(294.90)

3. Monthly Budget Report

4. School Fund Cash Report

a) Cash on hand as of September 30, 2001- $229,344.29

5. Special Fund Cash Report

a) Cash on hand as of September 30, 2001- $6,749.04

6. West Point Monthly Police Activity Report

a) From September 1, 2001 to September 30, 2001, the West Point Police Department answered 131 calls for service, issued 45 traffic tickets, made eight arrests, and issued one parking ticket.

VI. COMMITTEE REPORTS

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

1. Request for a reduction in right of way width- Euclid Boulevard

a) Mr. Conklin made a motion to deny Thrift Insurance’s request to reduce a 50-foot section of right of way on East Euclid Boulevard near O.D.I. Street located along Town lots 63, 64, 65, 66, and 67.

(1) Mr. Sikes seconded the motion, and Mr. Conklin, Mr. Gordon, and Mr. Sikes voted “Aye.” Mrs. Ball, Mrs. Gulley, Mr. Hudson, and Mr. Sirman voted “Nay.” Motion was denied.

b) Mr. Hudson made a motion to abandon a 20-foot section of right of way on each side of East Euclid Boulevard near O.D.I. Street located along Town lots 46, 47, 48, 49, 50, 63, 64, 65, 66, and 67 to Thrift Insurance upon payment of $3,150.38 to the Town of West Point. [See Enclosed Resolution]

(1) Mr. Conklin asked the Town Attorney, Andrea Erard, if Mr. Hudson has a conflict of interest since Josh Lawson and Mr. Hudson serve on the Citizens and Farmers Bank Board of Directors together. Ms. Erard stated she did not feel there was a conflict.

(2) Mrs. Gulley seconded the motion, and Mrs. Ball, Mrs. Gulley, Mr. Hudson, and Mr. Sirman voted “Aye.” Mr. Conklin, Mr. Gordon, and Mr. Sikes voted “Nay.” Resolution was approved.

2. Request to improve O.D.I. Street

a) Mr. Gordon made a motion to grant the request to improve ODI Street made by Thrift Insurance. These improvements are subject to the Town Manager and the Zoning Administrator approving the plans, up to and including the final work.

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

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

1. Airport Resolution- [See Enclosed Resolution]

a) Mr. Hudson made a motion to adopt the enclosed resolution to transfer the Middle Peninsula Regional Airport to the Middle Peninsula Regional Airport Authority.

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

2. ITI Lease Amendments- Request for Public Hearing

a) Mr. Hudson made a motion to authorize the Town Manager to advertise for a public hearing regarding the ITI lease amendments.

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

3. Master Plan Management Team Update

a) Mr. Romanello reported that the Master Plan Management Team (MPMT) has been working on a Bill of Particulars to be considered with the original plans for redevelopment of the 14^th Street Corridor. They have presented it to the Department of Transportation for review. He advised that the proposed bill includes landscaping and road improvement options, focusing on the new roadway and the buildings and properties adjacent to the roadway. Mr. Romanello also advised that Carlton Abbott, whom Council hired to assist the Town with this project, has presented suggestions for the relocation of some of the businesses that will be displaced by the corridor improvements. When the plans are further along, the property and business owners will be invited to review the plans.

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

1. Community Finance Commission

a) Mrs. Ball advised the Town Council that the Finance Committee is developing an ad hoc committee to involve citizens and representatives of community organizations in future financial decisions. Some of the representatives suggested for the sub-committee are, but are not limited to; members of the School Board, Smurfit Stone, the IDA, and the Chamber of Commerce, as well as a number of citizens. Mrs. Ball stated that the objective for the Finance Committee along with the sub-committee is to work on a the five year forecast to research and consider all expenditure and revenue options. They will also make recommendations to the Town Council for a long-term community finance plan.

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

1. Budget Work Session- November 27, 2001

a) Mr. Sikes reported that the Council is scheduled to meet with the School Board for a Budget Work Session on Tuesday November 27, 2001 at 6:00pm.

2. Education Committee Meeting- January 21, 2002

a) Mr. Sikes stated that the Education Committee will begin meeting regularly again at 12:00 noon on Mondays, after the regularly scheduled School Board meetings, beginning January 2002.

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

1. Traffic Lights

a) Mr. Sikes reported that their had been numerous requests for VDOT to make some necessary changes to the traffic lights in West Point. He stated that as of yet there have been no changes made to the lights. Mr. Sikes requested that VDOT be asked again to survey the lights in Town and to make the needed updates and modifications in order to accommodate the Town’s high traffic volume.

b) Mayor Johnson requested that the Town Manager contact Charlie Stunkle at VDOT to request that the traffic system be upgraded.

2. School Generator

a) Mr. Sikes stated that the recent power outage has raised some concerns, and that an emergency facility with a generator needs to be available to the citizens of West Point. The school building had been chosen to be the site of an emergency shelter, but it has no generator.

b) Mayor Johnson requested that Mr. Sikes work with the Town Manager on this issue. Mr. Romanello indicated he would provide a recommendation on a generator with the proposed FY 2003 budget.

3. Reschedule Public Safety Meeting for November

a) Mrs. Gulley stated the November Public Safety meeting be rescheduled for 4:30 pm on Thursday, November 29, 2001.

F. GIS Technology Committee- Mr. Sikes reported for the committee

1. Mr. Sikes brought to the attention of the Council a request to make West Point a demonstration area for the State’s new GIS mapping system. This would enable Town residents, commuters, and other travelers to view the most current and accurate information pertaining to the roadways through and around West Point. He stated that more information would be gathered on this subject for review at a later date.

VII. TOWN MANAGER ITEMS

A. Economic Development

1. Mr. Romanello advised the Council that he has consulted the State Department of Economic Development for suggestions on how to develop an economic development program for the Town. He presented to the Community Development Committee an economic development program to engage the IDA and the Chamber of Commerce. Mr. Romanello stated that resources included in the program would be the GIS mapping system, discussed by Mr. Sikes, and the existing businesses operating in West Point.

2. Mr. Conklin suggested that the Town hire a Marketing Director to help with the Town’s economic development efforts.

3. Mr. Sikes advised that a seminar would be held to teach our community’s churches, organizations, and businesses how to create and manage their own web sites. He also advised the Council that the Collaborative Sponsorship would sponsor this seminar.

B. Middle Peninsula Travel Council

1. Mr. Romanello advised the Town Council that the Middle Peninsula Travel Council is putting together a travel brochure for the Middle Peninsula areas. He stated that using the Chamber of Commerce’s bulletin, a letter was sent out to Town businesses making them aware of this brochure. They will be able to place ads in the brochure to advertise their services, and 75,000 copies will be distributed throughout the East Coast. The Town of West Point has an interest in being part of the middle peninsula’s tourism market. He stated that the Town of West Point would be placing its own half-page ad in the brochure.

C. C&F Sign Request

1. Mr. Romanello advised that Mr. Eric Nost, a vice president at Citizens and Farmers Bank, has requested a “Welcome to West Point” sign be placed on the support structure that encases the tube crossing the bridge as you enter West Point. Mr. Romanello suggested that the Community Development Committee should review this request, before being presented again to the Town Council.

VIII. TOWN ATTORNEY ITEMS

A. There were no items for report or discussion.

IX. OLD BUSINESS

A. There were no items for report or discussion.

X. NEW BUSINESS

A. Proposed December Town Council Meeting Date- December 17, 2001

1. Mrs. Gulley made a motion to move the Council meeting to Monday, December 17.

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

B. Closed Meeting

1. Mr. Conklin made a motion to enter into a closed session pursuant to Virginia Code § 2.2-3711(A)(1) for the discussion and consideration of the performance of the Town Manager and pursuant to Virginia Code § 2.2-3711(A)(7) for consultation with legal counsel regarding specific legal matter requiring the provision of legal advice by such counsel- Town Manager’s employment contract and the Town’s pollution control exemption for the Machinery and Tools Tax.

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

XI. ADJOURNMENT

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

B. Mayor Johnson adjourned the meeting.

_________________________________

MAYOR

ATTEST:

________________________________________

Sharon L. Bantel

Town Clerk

A RESOLUTION TO HONOR

BENJAMIN J. SKINNER

WHEREAS, Benjamin J. Skinner has served the Town of West Point as a member of the Industrial Development Authority from 1994 to 2001 and as Chairman of the Industrial Development Authority from 1997 to 2001, and;

WHEREAS, Benjamin J. Skinner has offered his leadership and guidance to improve the industrial and economic development of the Town of West Point, striving to enhance the financial stability of our community, and;

WHEREAS, Benjamin J. Skinner gave freely of his time, knowledge, and experience in establishing the industrial development goals and objectives for the Town of West Point that will assist the community’s outlook for this new century, and;

WHEREAS, Benjamin J. Skinner has been a diligent public servant, a tireless advocate for economic development, and a true representative of the Town, now therefore;

LET BE IT RESOLVED that the Council of the Town of West Point, on behalf of all its citizens, expresses thanks to Benjamin J. Skinner for his relentless efforts, endless dedication, exceptional leadership, and genuine example of public service at its best.

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 October 29, 2001 at which meeting a quorum was present and voted throughout.

Sharon L. Bantel, Town Clerk

TOWN OF WEST POINT

RESOLUTION

RESOLVED, the Town of West Point hereby abandons a 20-foot section on each side of East Euclid Boulevard near O.D.I. Street located along Town lots 46, 47, 48, 49, 50, 63, 64, 65, 66, and 67. The Town of West Point reserves the rights to install, maintain, and replace any and all types of utilities or other services required by the Town along with rights of egress and ingress for such purposes. The sale price will be $3,150.38.

Abandonment effective upon payment of purchase price.

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 October 29, 2001 at which meeting a quorum was present and voted throughout.

Sharon L. Bantel, Town Clerk

Town of West Point

Resolution to Transfer the Middle Peninsula Regional Airport to the Middle Peninsula Regional Airport Authority

Town Council agrees to transfer ownership of the Middle Peninsula Regional Airport to the Middle Peninsula Regional Airport Authority (MPRAA) under the following conditions:

1. The sale price shall be $550,000 paid by the MPRAA at closing. After the sale of the Airport, to the extent allowed by federal law and FAA regulations, the MPRAA will transfer up to $100,000 in MPRAA non-Airport revenue to the Town of West Point. The Town will transfer an exact amount to the MPRAA to be placed in an MPRAA restricted account to be used only for airport-related expenses as allowed under federal statutes and FAA regulations.

2. The MPRAA agrees to (1) hire professional management for the airport and (2) subject to annual appropriations by the member governing bodies, implement the 15-year capital improvement program for the Middle Peninsula Regional Airport as defined in the June 1999 update of the 1993 Airport Master Plan.

3. The MPRAA shall provide access to the Town-owned property south of the Airport property until the completion of the new road providing the Town satisfactory ingress and egress for vehicular and pedestrian access from and to the Town's property and State Route 605, subject to reasonable limitations imposed by applicable FAA regulations.

Certified to be a true copy of a resolution adopted by the Town Council of West Point at its regular monthly meeting held October 29, 2001, at which a quorum was present and voted throughout.

Sharon L. Bantel

Town Clerk

TOWN OF WEST POINT

MINUTES

SEPTEMBER 24, 2001

1) CALL TO ORDER

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

Bill Sirman reported absent

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

a) Mr. Hudson gave the invocation.

b) The Pledge of Allegiance was said.

2) CITIZENS ADDRESS TO COUNCIL

a) Dr. K. Jane Massey-Wilson, End of Year School Report

i) As requested by the Town Council, Dr. Massey-Wilson presented an end of the year report on the status of the West Point Public Schools.

b) Liz Cascone with Quinn Rivers and Inv. Chris Spare with the West Point Police Department- Resolution Declaring October as Domestic Violence and Sexual Assault Awareness Month- [See Enclosed Resolution]

i) Liz Cascone and Chris Spare presented a resolution to Town Council asking that October be declared as Domestic Violence and Sexual Assault Awareness month. They also described the services offered and events sponsored by Quinn Rivers, an agency that helps survivors of domestic violence and sexual assault in the counties of New Kent, Charles City, King William, and King and Queen.

ii) Mr. Conklin made a motion to adopt the enclosed resolution to declare October as Domestic Violence and Sexual Assault Awareness Month. Mrs. Ball seconded the motion, and Mrs. Ball, Mr. Conklin, Mr. Gordon, Mrs. Gulley, Mr. Hudson, and Mr. Sikes voted “Aye.”

c) Public Hearing- Ordinance 6-01

i) Larry Price of Smurfit-Stone addressed Town Council about the pollution control exemption, and stated that Ordinance 6-01 is redundant. Mr. Price stated Smurfit-Stone has offered to work with Town Council to address the budget issue, and a representative of the mill will be serving on the community budget committee to address this issue.

ii) No one else wishing to comment, Mayor Johnson closed the public hearing.

d) Public Hearing- Budget Re-Appropriations

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

e) IDA Update- Charlie Barbour

i) Mr. Barbour, Vice Chairman of the IDA, stated that Ben Skinner, the Chairman of the IDA, has asked not to be re-appointed to the IDA when his term runs out on the first of October. Mr. Barbour stated that the Town and the IDA have benefited from Mr. Skinner’s leadership.

ii) Best Medical went to the IDA in August and asked that a 60-day extension be granted on the sale contract for the shell building, and the IDA decided to honor this request. This extension runs out in October, and Mr. Barbour reported he would keep the Town Council updated on the progress.

iii) Mr. Barbour reported the IDA Covenants have had to be completely redone. When they were first done, the Industrial Park was a Town entity, and it is now run by the IDA. The covenants have been revised to address the change. Mr. Barbour thanked Anthony Romanello and Karen Barrow for their help in the modifications made to the covenants.

iv) The IDA has purchased the old Be-Lo building on 13^th Street, and they are now collecting rent from the Bank of Essex and Wyatt-Ogg Furniture for use of the property. Mr. Barbour stated the IDA paid $500,000 in cash, and will pay $50,000 in December, for the purchase of this building. The IDA may have to borrow $5,000 to $10,000 from the Town on a temporary basis, but not more than 30 days, in December.

f) Citizens Address to Council

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

3) COUNCIL RESPONSE

4) AGENDA CHANGES

a) Mr. Romanello requested the Master Plan Update, under Town Manager’s Items, be moved to Committee Reports, item number 2 under Community Development.

b) Mayor Johnson stated that C.F. Carter has withdrawn his request to public land acquisition, so item number three under Public Works Committee can be removed.

c) Mayor Johnson requested that under New Business, advertise for IDA vacancy and continuation of Ben Skinner’s term for 30 Days, be added.

5) ADOPTION OF CONSENT AGENDA

a) Mrs. Gulley made a motion to adopt the following consent agenda items. Mr. Sikes seconded the motion, and Mrs. Ball, Mr. Conklin, Mr. Gordon, Mrs. Gulley, Mr. Hudson, and Mr. Sikes voted “Aye.”

i) Minutes of August 27, 2001 Town Council Meeting

ii) General Fund Cash Report

(1) General Fund- Cash on hand as of July 31, 2001- $1,303,110.10

(2) Water Fund- Cash on hand as of July 31, 2001- $30,342.16

(3) CIP Fund- Cash on hand as of July 31, 2001- $0

iii) Monthly Budget Report

iv) School Fund Cash Report

(1) Cash on hand as of August 31, 2001- $144,971.72

v) Special Fund Cash Report

(1) Cash on hand as of August 31, 2001- $31,209.06

vi) West Point Monthly Police Activity Report

(1) From August 1, 2001 to August 31, 2001 the West Point Police Department answered 149 calls for service, wrote 40 traffic tickets, made 11 arrests, and issued one parking ticket.

6) COMMITTEE REPORTS

a) Public Works- Mr. Gordon reported for the committee

i) Request for a reduction in right of way width-Euclid Boulevard

(1) Mr. Gordon stated the Public Works Committee’s recommendation is to deny the request made by Josh Lawson on behalf of Thrift Insurance at this time. Thrift Insurance is asking to reduce a portion of Euclid Boulevard from 100-feet to 50-feet. Mr. Gordon stated that the 50-foot section left over by this reduction would not align with the adjacent 60-foot section already controlled by the Town. If the Town were to improve East Euclid Boulevard from King William Avenue to O.D.I. Street, the two sections would not match up, and there would be an unnatural curve in this road. If these two roadways would align, Mr. Gordon stated the Public Works Committee would not deny Mr. Lawson’s request, but that is not the case. Mr. Gordon made a motion to deny the request made by Thrift Insurance to reduce the right of way width from 100 feet to 50 feet on East Euclid Boulevard. Mr. Conklin seconded the motion.

(2) Mr. Hudson asked why three independent viewers recommended approval of Mr. Lawson’s request. Mr. Romanello stated that since the viewers evaluated the property, Jay Mitchell with Mitchell-Wilson, PC has surveyed the area. The map of Euclid Boulevard clearly shows that the 60-foot section the Town owns will not align with the 50-foot section of road that will remain if the request were granted.

(3) Mr. Conklin stated that if Mr. Lawson were to accept 20-feet on each side of the road, instead of 50-feet on one side, the roads would align, and the Public Works committee would recommend this request.

(4) Mr. Jack Lawson was present to answer questions from the Town Council. Mr. Hudson asked if Thrift Insurance would be willing to accept a 20-feet reduction in the Town’s right-of-way on each side of Euclid Boulevard instead of 50 or 40 feet on one side. Mr. Lawson stated that obtaining 20 feet on each side does not work as well for them, and they would rather have 40-feet on one side of the road. Mr. Lawson also stated this would be an option that Thrift Insurance would be willing to consider.

(5) Mr. Romanello suggested that the Public Works Committee meet with Josh and Jack Lawson and try to come to an understanding that is acceptable to both parties.

(6) Mr. Gordon withdrew his motion.

(7) Mr. Conklin made a motion to table this item until the October Town Council meeting. Mr. Gordon seconded the motion, and Mrs. Ball, Mr. Conklin, Mr. Gordon, Mrs. Gulley, Mr. Hudson, and Mr. Sikes voted “Aye.”

ii) Glass Island Road- Easement Request

(1) Mr. Gordon stated since Mr. Carter lives in an area zoned SD-1, a pier, considered an accessory structure, could not be built unless the primary structure is in place. Mr. Gordon made a motion to table this agenda item until Mr. Carter submits one or more plans of development (POD) for the homes he plans to build on the property. Once the POD’s are accepted, the issue of easement will be brought before Town Council for consideration. Mr. Conklin seconded the motion, and Mrs. Ball, Mr. Conklin, Mr. Gordon, Mrs. Gulley, Mr. Hudson, and Mr. Sikes voted “Aye.”

b) Community Development- Mr. Hudson reported for the committee

i) Airport- [See Enclosed Resolution]

(1) Mr. Romanello stated that Max Bohnstedt, the Town’s financial advisor, prepared a spreadsheet that presented the Town with four scenarios in dealing with the West Point Airport:

(a) The Town keeps the Airport and conducts a full Capital Program. This will cost approximately $2,459,613 to the Town over the next 15 years.

(b) The Town keeps the Airport and carries out a scaled down Capital Program. It will cost the Town approximately $736,525 over the next 15 years.

(c) The Town sells the Airport and the MPRAA completes a full Capital Program. This will cost the Town approximately $392,561 over the next 15 years.

(d) The Town sells the Airport and the MPRAA conducts a scaled down Capital Program. This will cost the Town $198,726 over the next 15 years.

(2) Mr. Hudson made a motion to adopt a resolution to sell the Airport to the Middle Peninsula Regional Airport Authority (see attached).

(3) Mr. Hudson stated that once this resolution is presented to the Middle Peninsula Airport Authority, they will respond back to the Town as to their comments and decision, and a follow-up contractual document will be presented to Town Council.

(4) Mr. Conklin seconded the motion, and Mrs. Ball, Mr. Conklin, Mr. Gordon, Mrs. Gulley, Mr. Hudson, and Mr. Sikes voted “Aye.”

ii) Master Plan Management Team Update- Mr. Conklin

(1) Mr. Conklin stated the first meeting of the Master Plan Management Team Meeting was October 18, 2001. Chris LaRosa with the Department of Housing and Community Development was present and discussed the process and information needed for the Town to apply for a Community Development Block Grant. It was an energetic meeting, and everyone participated. Mr. Conklin stated that Carlton Abbott asked the group to present specific request for presentation to VDOT. About 100 items were presented, and a few of these pressing ideas will be presented to VDOT during the October 3, 2001 Public Hearing.

c) Finance Committee- Mrs. Ball reported for the committee

i) Ordinance 6-01- [See Enclosed Ordinance]

(1) Mrs. Ball made a motion to adopt 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.

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

ii) Re-appropriate $45,000 from General Fund undesignated fund balance to FY 2002 General Fund for construction of a playground- [See Enclosed Resolution]

(1) Mrs. Ball made a motion to adopt the enclosed resolution that states $45,000 be re-appropriated 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.

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

iii) Re-appropriate $23,250 to Water Utility Fund for partial funding of the Beach Park Storm Drainage Improvement Project- [See Enclosed Resolution]

(1) Mrs. Ball made a motion to adopt the enclosed resolution that states a total of $23,250 be appropriated to the Water Utility Fund for partial funding of the Beach Park Storm Drainage Improvement Project.

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

iv) Auditorium Resolution- [See Enclosed Resolution]

(1) Mrs. Ball made a motion to adopt the enclosed joint resolution between the Town Council and the West Point School Board concerning the proposed Auditorium and Fine Art Center.

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

v) Liability Insurance- [See Enclosed Resolution]

(1) Mr. Romanello stated the Town of West Point distributed a request for proposals for property and casualty coverage for the Town and IDA and property coverage only for the Airport to local insurance providers and the Virginia Municipal League (VML). Proposals were received by the VML and Brown and Brown Insurance, the Town’s current provider. The bid from VML is substantially lower than what the Town is currently paying, and accepting the proposal will save the Town approximately $20,000 per year in insurance coverage. Mr. Romanello reported that the coverage is the same as our current insurance coverage. Max Bohnstedt assisted with preparing and reviewing the RFP’s and suggested the Town secure an additional $2,000,000 in excess liability. Mr. Romanello stated that VML does not provide liability insurance for airports, and Brown and Brown will continue to provide this service to the Airport. Mr. Skinner and Mr. Barbour with the IDA are comfortable with changing insurance providers and accept the Town’s recommendation.

(2) Mr. Conklin made a motion to approve the enclosed resolution that authorizes the Town Manager to execute an agreement with the Virginia Municipal League to provide liability insurance for the Town.

(3) Mrs. Ball seconded the motion, and Mrs. Ball, Mr. Conklin, Mr. Gordon, Mrs. Gulley, Mr. Hudson, and Mr. Sikes voted “Aye.”

(4) Mr. Hudson made a motion to authorize $2,000,000 in excess liability insurance, which is in addition to the liability insurance resolution.

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

d) Education Committee- Mr. Sikes reported for the committee

i) Mr. Sikes thanked Dr. Massey-Wilson for an excellent presentation. He also invited Town Council to a joint meeting between the School Board and Town Council on Tuesday, November 27^th at 6 pm at the West Point Elementary School to discuss the FY 2003 budget.

ii) The Education Committee will be having their meetings on the Monday after the School Board at noon in the School Board Office.

e) Public Safety- Mrs. Gulley reported for the committee

i) Halloween Resolution- [See Enclosed Resolution]

(1) Mrs. Gulley made a motion to adopt the enclosed resolution that states that all trick-or-treaters on Halloween night, Wednesday, October 31, 2001 in the Town of West Point may canvass no later than 8:00 p.m. and masks may not be worn by any persons canvassing who is older than 13 years of age.

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

(7) TOWN MANAGER ITEMS

a) VDOT Agreement for Highway Project Administration

i) Mr. Romanello presented an Agreement for Highway Project Administration between the Virginia Department of Transportation and the Town of West Point. The Main Street Storm Drainage Project would normally be a VDOT project, but since the Town is completing both the waterlines and storm drainage together, VDOT asked for this agreement to be executed.

ii) Mr. Sikes made a motion to authorize the Town Manager to execute the Agreement for Highway Project Administration with VDOT. Mr. Hudson seconded the motion, and Mrs. Ball, Mr. Conklin, Mr. Gordon, Mrs. Gulley, Mr. Hudson, and Mr. Sikes voted “Aye.”

b) Bi-Weekly Summary of Key Activities

i) Mr. Romanello stated that he has been providing a bi-weekly summary of key events to Town Council for the last two months. When originally asked to provide this information, Mr. Romanello stated he would come back to Council to see if this report is useful and if he needs to continue providing it to members of Town Council.

ii) Mr. Conklin stated the bi-weekly report is useful to him in keeping up with issues not related to committees that have his involvement.

iii) Mayor Johnson asked Mr. Romanello to provide the summary of key activities for a period of time and to keep this report to one page.

(8) TOWN ATTORNEY ITEMS

a) There were no items for report or discussion.

(9) OLD BUSINESS

a) There were no items for report or discussion.

(10) NEW BUSINESS

a) IDA Re-Appointments

i) Mr. Conklin made a motion to re-appoint Charles Barbour to the Industrial Development Authority to serve a four-year term.

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

b) Continuation of Benjamin Skinner’s term and Advertise for IDA Vacancy

i) Mr. Hudson made a motion to extend Benjamin Skinner’s term on the Industrial Development Authority until November 1, 2001, and to authorize the Town Manager to advertise for a vacancy on the Industrial Development Authority.

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

c) IDA Covenants

i) Mr. Romanello stated that the Town Council originally adopted the IDA Covenants as the owner of the Industrial Park. Roger Wiley suggested the amended IDA Covenants be adopted by both parties and a new plat be filed in King William County. Any future changes to the covenants need only to be approved by the IDA.

ii) Mr. Gordon made a motion to adopt the IDA Covenants. Mr. Conklin seconded the motion, and Mrs. Ball, Mr. Conklin, Mr. Gordon, Mrs. Gulley, Mr. Hudson, and Mr. Sikes voted “Aye.”

d) Board of Zoning Appeals and Wetlands Board Re-Appointments

i) Mrs. Ball made a motion to refer Mike Matthews to the Circuit Court Judge for their approval of appointment to the Board of Zoning Appeals. Mr. Sikes seconded the motion, and Mrs. Ball, Mr. Conklin, Mr. Gordon, Mrs. Gulley, Mr. Hudson, and Mr. Sikes voted “Aye.”

ii) Mr. Gordon made a motion to re-appoint both Mike Matthews and Mike Pullen to the Wetlands Board to serve a five-year term. Mr. Conklin seconded the motion, and Mrs. Ball, Mr. Conklin, Mr. Gordon, Mrs. Gulley, Mr. Hudson, and Mr. Sikes voted “Aye.”

(11) ADJOURNMENT

a) Mr. Gordon made a motion to adjourn, and Mr. Conklin seconded the motion.

b) Mayor Johnson adjourned the meeting.

_________________________________

MAYOR

ATTEST:

________________________________________

Sharon L. Bantel

Town Clerk

TOWN OF WEST POINT

RESOLUTION TO DECLARE OCTOBER AS

“DOMESTIC VIOLENCE AND SEXUAL

ASSAULT AWARENESS MONTH”

WHEREAS, domestic violence is a pattern of physically, sexually, and/or emotionally abusive behaviors used by one individual to maintain power and control over a partner in the context of an intimate or family relationship, and

WHEREAS, sexual assault is a crime of violence, power, and control that occurs when a person is forced, threatened, coerced, or manipulated into sexual contact or acts against his or her will, and

WHEREAS, both domestic and sexual violence are violations that have harmful effects not only on the victim, but the victim’s family and community, now

THEREFORE BE RESOLVED, that the West Point Town Council recognizes the need to make the citizens of the Town of West Point aware of the dangers of domestic and sexual violence and do so by declaring October “Domestic Violence and Sexual Assault Awareness Month.”

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 September 24, 2001 at which meeting a quorum was present and voted throughout.

Sharon L. Bantel, Town Clerk

Town of West Point

Resolution to transfer the Middle Peninsula Regional Airport to the Middle Peninsula Regional Airport Authority

Town Council agrees to transfer ownership of the Middle Peninsula Regional Airport to the Middle Peninsula Regional Airport Authority (MPRAA) under the following conditions:

1. The sale price shall be $550,000 paid by the MPRAA at closing. After the sale of the Airport, to the extent allowed by federal law and FAA regulations, the MPRAA will transfer up to $100,000 in MPRAA non-Airport revenue to the Town of West Point. The Town will transfer an exact amount to the MPRAA to be placed in an MPRAA restricted account to be used only for airport-related expenses as allowed under federal statutes and FAA regulations.

2.  The MPRAA agrees to (1) hire professional management for the airport and (2) subject to annual appropriations by the member governing bodies, implement the 15-year capital improvement program for the Middle Peninsula Regional Airport as defined in the June 1999 update of the 1993 Airport Master Plan.

3. The MPRAA shall provide access to the Town-owned property south of the Airport property until the completion of the new road connecting that property to state route 605.

Certified to be a true copy of a resolution adopted by the Town Council of West Point at its regular monthly meeting held September 24, 2001, at which a quorum was present and voted throughout.

     _________________________________

       Sharon L. Bantel

       Town Clerk  

Adopted this 24^th day of September, 2001

ORDINANCE NUMBER 6-01

ORDINANCE NO. 6-01 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 PURSUANT TO THE GRANT OF AUTHORITY CONTAINED IN VIRGINIA CODE SECTIONS 58.1-3660 AND 58.1-3916.

NOW THEREFORE, BE IT ORDAINED by the West Point Town Council that section 58-2 of the Town Code shall be amended to read in its entirety as follows:

"Sec. 58-2. Exemptions from taxation‑‑Certified pollution control equipment and facilities.

Certified pollution control equipment and facilities, as defined in Code of Virginia, § 58.1-3660, are hereby declared to be exempt from fifty percent (50%) of all real estate, tangible personal property or machinery and tools taxation by the town."

This Ordinance shall be effective for the tax year 2001 and shall take effect January 1, 2001.

Vote:

Mrs. Ball Aye

Mr. Conklin Aye

Mr. Gordon Aye

Mrs. Gulley Aye

Mr. Hudson Aye

Mr. Sikes Aye

Mr. Sirman Absent

Sharon L. Bantel, Town Clerk

Date

TOWN OF WEST POINT

RESOLUTION

RE-APPROPRIATION OF TOWN FUNDS

WHEREAS, $45,000 was appropriated in the General Fund for fiscal year 2001 for construction of a public playground, and

WHEREAS, in fiscal year 2001, the $45,000 was not spent, now

THEREFORE BE IT RESOLVED, by the West Point Town Council that $45,000 be re-appropriated 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.

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 September 24, 2001 at which meeting a quorum was present and voted throughout.

Sharon L. Bantel, Town Clerk

TOWN OF WEST POINT

RESOLUTION

APPROPRIATION OF TOWN FUNDS

WHEREAS, $13,500 was received from the Board on Conservation and Development of Public Beaches in fiscal year 2000, and

WHEREAS, $9,750 was received from the Board on Conservation and Development of Public Beaches in fiscal year 2001, now

THEREFORE BE IT RESOLVED, by the West Point Town Council that a total of $23,250 be appropriated to the Water Utility Fund for partial funding of the Beach Park Storm Drainage Improvement Project.

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 September 24, 2001 at which meeting a quorum was present and voted throughout.

Sharon L. Bantel, Town Clerk

WEST POINT TOWN COUNCIL

WEST POINT SCHOOL BOARD

JOINT RESOLUTION

WHEREAS, there has been overwhelming community support for an auditorium and fine arts center with additional classrooms in the Town, and

WHEREAS, there has been significant donations made for the construction of an Auditorium and additional classrooms, and

WHEREAS, the West Point Town Council and the West Point School Board agree the facilities should be constructed without issuing long-term debt, now

THEREFORE BE IT RESOLVED that the West Point Town Council and the West Point School Board affirm their support for the Auditorium and Fine Arts Center Project, and

BE IT FURTHER RESOLVED that the West Point Town Council will appoint and charge the Arts Council with developing an arts and cultural program for the facility, and

BE IT FURTHER RESOLVED that a local fundraising campaign will be executed to generate funds to match the $200,000 Olsson Foundation Grant, and

BE IT FURTHER RESOLVED that the Town will build only facilities that can be afforded without issuing long-term debt, and

BE IT FURTHER RESOLVED that the Auditorium and Fine Arts Centerproject will be bid in February of 2002 and the School Board and Town Council will decide on the scope of the project after the General Assembly meets and it is known if state lottery and construction funds will be available in Fiscal Years 2003 and 2004.

Certified to be a true copy of a resolution adopted by the School Board of the Town of West Point at its regular monthly meeting held September 18, 2001 at which meeting a quorum was present and voted throughout.

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 September 24, 2001 at which meeting a quorum was present and voted throughout.

West Point Town Council:

R. Burke Johnson, Mayor Sharon L. Bantel, Town Clerk

West Point School Board:

Earl Wilson, Chairman Jane Massey-Wilson, Superintendent

TOWN OF WEST POINT

RESOLUTION AUTHORIZING MEMBERSHIP IN THE VIRGINIA

MUNICIPAL LIABILITY POOL

WHEREAS, THE TOWN OF WEST POINT wishes to join with other political subdivisions to establish the Virginia Municipal Self-insurance Association ("Association") to create pools to jointly and cooperatively self-insure and to pool the separate risks and liabilities of the individual members pursuant to the terms of Title 15.2, Sections 2700-2709 of the Code of Virginia, and

WHEREAS, through such Association, THE TOWN OF WEST POINT wishes to join with other political subdivisions to create the Virginia Municipal Liability Pool ("Pool") whereby members can jointly pool funds to provide the necessary anticipated financing for commercial general liability, automobile liability, and automobile physical damage, and

WHEREAS, such Pool is licensed by the Bureau of Insurance of the State Corporation Commission, and

WHEREAS, THE TOWN OF WEST POINT has been provided with the following documents, which provide a prototype of the responsibilities of the members of the Pool and the amount and terms of the coverage to be provided.

1) Membership Agreement (7/1/00) including the following exhibits:

a) Exhibit 1 -sample declaration pages and coverage forms

(7/1/00).

b) Exhibit 2 Virginia Municipal Self-Insurance Association Constitution and By-Laws (7/1/95).

NOW, THEREFORE, BE IT RESOLVED, by TOWN OF WEST POINT meeting assembled on the 24^th day of September, 2001, THE TOWN OF WEST POINT certifies its intention to become a member of the Pool beginning October 1, 2001 for the current Pool year and for two additional consecutive Pool years thereafter;

2) Such membership is contingent upon:

a) Final approval of the Member Agreement and of the membership of THE TOWN OF WEST POINT by the Association's Members' Supervisory Board, or its designee.

b) Payment of $ or the first year contribution as well as an additional $100.00 membership fee to the Pool pursuant to the quotation submitted or such final amount as mutually agreed upon by the member and the Association or their respective designees.

3) It is recognized that members of the Pool may be required to pay additional assessments fee to the Pool and that in the event the Pool is in a deficit position, which is not corrected, a member will be liable for any and all unpaid claims against such member.

4) Anthony Romanello, Town Manager, is authorized to do all things necessary to enable Authorized Representative for THE TOWN OF WEST POINT to become a member of the Association and the Pool including but not limited to execution of the Member Agreement.

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 September 24, 2001 at which meeting a quorum was present and voted throughout.

Name:

Title:

ATTEST:

__________________________________

Sharon L. Bantel, Town Clerk

TOWN OF WEST POINT

HALLOWEEN RESOLUTION

RESOLVED, that all trick-or-treaters on Halloween night, Wednesday, October 31, 2001 in the Town of West Point may canvass no later than 8:00 p.m. and masks may not be worn by any persons canvassing who is older than 13 years of age.

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 September 24, 2001 at which meeting a quorum was present and voted throughout.

Sharon L. Bantel, Town Clerk