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MINUTES TOWN COUNCIL TOWN OF SHENANDOAH REGULAR MEETING
AUGUST 11, 2009
CALL TO ORDER: The Shenandoah Town Council held its regular meeting on Tuesday, August 11, 2009, at 7:00 p.m., with Mayor Clinton O. Lucas, Jr., presiding.
The meeting began with the Pledge of Allegiance.
ATTENDANCE: Council Members present were: Mayor Clinton O. Lucas, Jr.; Vice Mayor William L. Kite; Russell Comer, Jr.; Charles Jenkins; Richard Pierce; and Keith Sampson.
Council Members absent were: Constance Switzer.
Other Town Officials present were: Larry E. Dovel, Town Manager; Peter J. Monteleone, Chief of Police; and Juanita F. Roudabush, Assistant Town Manager/CMC.
Citizens present were: Fifth District Board of Supervisor Member Carol Lee Strickler; Karen Riddle, Luray-Page County Chamber of Commerce; Scott Beatson, AECOM; and Dorothy Pendley.
Media Representatives: None.
RECEIVING OF VISITORS
1. Karen Riddle of the Luray-Page Chamber of Commerce reported information regarding the tourism industry in Page County. She invited everyone to visit the new visitor center in Luray at the train depot. She explained Stevens Cottage will be open as a visitor center a few days a week due to volunteers Alice Pence, Delores Lackovitch, and the cooperation of the Shenandoah Heritage Center for allowing them use of the building at no cost. The visitor center in Luray received over 10,000 walk-ins, over 70,000 hits on their website, and mailed out over 12,000 visitor guides. The visitors guide will have two (2) different covers and has a distribution of 200,000. She noted the main marketing plan for 2009/2010 is to keep attracting more visitors, which will increase visitor revenue and they will be utilizing the Cabin Capital of Virginia designation. Luray Caverns has also agreed to allow a kiosk on their site and a new map of the county was developed to help guide visitors, which will be a wonderful marketing tool as well. Their websites are www.LurayPage.com and www.CabinCapital.com .
Mayor Lucas and Town Council Members thanked Mrs. Riddle for all her efforts for the Towns and County.
2. Mayor Lucas and Town Council Members agreed to allow Fifth District Board of Supervisor Member to address them during this period as she had another meeting to attend later this evening.
Fifth District Supervisor Carol Lee Strickler reported the following: Updates regarding her work on the state Emergency Services Board. She noted Page County’s 911 Center is certified by the state; the County broadband initiative is moving forward and their grant application is due 8/12; the County has been invited to give a presentation in Washington regarding all the programs happening in Page County; the rezoning of the property for the Clover Project is underway now.
Mayor Lucas and Town Council Members thanked Supervisor Strickler for her report.
3. Scott Beatson of AECOM, who is the environmental consultant for North American Phillips (NAP), reported the company would like Council’s official approval for their plans to extend a water line to residents along Shenandoah River Road to replace existing wells that are contaminated with TCE. He explained years ago there was a dry well at the location of the current Genie Plant. During this period, employees of North American Phillips used the well to dispose of chemicals and with the karst topography in Page County, it causes issues with groundwater. He explained NAP has been very proactive and accepted the responsibility to fund items to correct issues, which included connecting a resident on Comer Lane to the municipal water system after they found some issues with his well during testing. He indicated the current plans to serve residents having well water issues include taping into a large line on US Highway 340 and extending it westerly along Williams Avenue, under the railroad to serve the homes along Shenandoah River Road.
Mr. Beatson also stated new fire hydrants will be added along the line, as per state code.
Following questions, Town Manager Dovel explained if Council approves, the Town could pay the cost to connect 12 homes along Williams Avenue to the new eight (8) inch water line installed by NAP. He noted the Town would purchase meters, meter pots, and make the connections to the homes. He stated it would cost approximately $8,400 to connect the Williams Avenue homes to the new water line.
Council agreed now would be the appropriate time to upgrade the water for residents along Williams Avenue and agreed to absorb the cost of connecting these residents, since it is not a part of the NAP project.
Mr. Beatson stated this new water line will not release NAP from environmental testing in future years. He explained testing has been previously conducted and will continue within a one mile radius around the plant. He noted they will also continue with their aggressive plan of source remediation for soil issues, which may help prevent it taking effect on the ground water in the future. He stated if the Town approves their request to provide water to Shenandoah River Road homes, NAP will also be responsible for paying for and obtaining required easements, permits from the various agencies, providing design plans, an independent plan reviewer, and an independent inspector on this project.
A Motion was made by Councilman Jenkins, seconded by Councilman Pierce, to approve the plans to install an eight (8) inch water line along Williams Avenue to serve homes on Shenandoah River Road, with North American Phillips funding the costs involved, as presented.
Members Vote was as follows:
YEA: Vice Mayor Kite NAY: None. Councilman Comer Councilman Jenkins Councilman Pierce Councilman Sampson
ABSTAIN: Mayor Lucas. ABSENT: Councilwoman Switzer VOTE: Unanimous in favor of motion.
JULY 14, 2009, JOINT PUBLIC HEARING AND REGULAR MEETING MNUTES:
A Motion was made by Vice Mayor Kite, seconded by Councilman Sampson, to approve the Public Hearing Minutes held on July 14, 2009, as presented.
Members Vote was as follows:
YEA: Vice Mayor Kite NAY: None. Councilman Comer Councilman Jenkins Councilman Pierce Councilman Sampson
ABSTAIN: Mayor Lucas. ABSENT: Councilwoman Switzer VOTE: Unanimous in favor of motion.
A Motion was made by Vice Mayor Kite, seconded by Councilman Sampson, to approve the Regular Meeting Minutes held on July 14, 2009, as presented.
Members Vote was as follows:
YEA: Vice Mayor Kite NAY: None. Councilman Comer Councilman Jenkins Councilman Pierce Councilman Sampson
ABSTAIN: Mayor Lucas. ABSENT: Councilwoman Switzer VOTE: Unanimous in favor of motion.
APPROVAL OF BILLS:
Councilman Sampson questioned warrant number 27665 for the purchase of weed killer and also for sealant for the parks and recreation department. He noted the amount of weed killer seemed excessive and they already had a 55 gallon drum of sealant in the parks and recreation building.
Town Manager Dovel explained public works employees could not find the sealant and purchased more to allow tables and benches to be sealed. He noted the weed killer was used on First Street and in the different parks, but he would check to ensure they are properly mixing it with water.
Councilman Sampson also noted a work order was requested to place the new fish stickers on the board and to put Plexiglas over them, but public works chose to put the stickers on the board and seal them to it. However, some of the stickers were placed in the wrong locations and now cannot be removed. He suggested they follow the work order directions, unless they receive approval for another method first, as now it will cost additional money to reorder the stickers and have them properly placed on the sign board at Big Gem Park.
Town Manager Dovel stated he would inform them to follow work order directions.
Vice Mayor Kite inquired why they purchased gravel from the hardware store?
Town Manager Dovel stated it was for the cement used to fill the holes for the skate park fence. He noted this invoice was also for chain and paint as well.
Councilman Comer inquired about the invoice for attorney fees in the amount of $1,200.
Councilman Pierce noted there was another legal fee invoice for $409 as well.
Town Manager Dovel explained the one for $1,200 is for PENAC, which is a reimbursable expense, due to the easements and other legal documents needed for the new water line being installed by NAP. The other invoice for attorney fees was for the contract with NAP and other legal issues from the Town.
There being no further questions, a Motion was made by Vice Mayor Kite, seconded by Councilman Pierce, to approve the bills, dated August 11, 2009, in the Combined Accounts Disbursements Warrants #27585 - #27684 in the amount of $131,802.79.
Members Roll Call Vote was as follows:
YEA: Vice Mayor Kite NAY: None. Councilman Comer Councilman Pierce Councilman Sampson
ABSTAIN: Mayor Lucas and Councilman Jenkins. ABSENT: Councilwoman Switzer VOTE: Unanimous in favor of motion.
Councilman Jenkins noted he abstained from voting due to an invoice from his company for computer services.
TREASURER'S REPORT: Mayor Lucas read the Treasurer’s report, submitted by Treasurer Cindy Breeden, for August 11, 2009.
A Motion was made by Councilman Sampson, seconded by Councilman Comer, to approve the August 11, 2009, Treasurer’s report in the amount of $1,290,144.01, as read.
Members Vote was as follows:
YEA: Vice Mayor Kite NAY: None. Councilman Comer Councilman Jenkins Councilman Pierce Councilman Sampson
ABSTAIN: Mayor Lucas. ABSENT: Councilwoman Switzer VOTE: Unanimous in favor of motion.
CORRESPONDENCE
Item # 1 – A special event application was received from Fields United Methodist Church for a lawn party on August 22, 2009, beginning at 4 p.m. There will be food sales, games, and music for this event, which is expected to draw about 150 people. The event will be held at the intersection of Third Street and Pennsylvania Avenue.
A Motion was made by Councilman Pierce, seconded by Councilman Sampson, to approve the special event application of Fields United Methodist Church for a lawn party on August 22, 2009, at the church on Third Street.
Members Vote was as follows:
YEA: Vice Mayor Kite NAY: None. Councilman Comer Councilman Jenkins Councilman Pierce Councilman Sampson
ABSTAIN: Mayor Lucas. ABSENT: Councilwoman Switzer VOTE: Unanimous in favor of motion.
Item # 2 – Mayor Lucas and Council Members were advised Merck will hold a meeting on August 21st at 6 p.m. at the Elkton Elementary School Library to review their environmental project to clean up soil and groundwater. The public is invited to attend this meeting.
Item # 3 – Mayor Lucas and Council Members received a form from Congressman Cantor to nominate a veteran for the Congressional Veteran Commendation. Everyone agreed I.W. Good would be a good person to recommend for this honor. This form will be forwarded to the VFW Members with Council’s suggestion for a nominee.
Item # 4 – Council authorized Cruz Ins on First Street on August 28th; September 4th; September 11th; and September 18th. Each Cruz In will begin at 6 p.m. and will include DJ music and food vendors from local organizations. The cruisers will have a chance to win $100, plus 3 plaques each of the four Fridays. 50/50 ticket sales will benefit the Memorial Day Cruz In.
Item # 5 – Mayor Lucas read a thank you note from the Dollar General Store for the dish garden and community enhancement award for the new store. He noted they conducted a grand opening ceremony for the store recently and it was well attended by the community.
Item # 6 – Mayor Lucas and Council Members discussed VDOT has bid out the Big Gem Park recreational access road. Once the bids are received, the Town will have a limited time to determine if the Town’s share of this project can be funded.
Councilman Sampson noted the Page County Office of Economic Development had previously offered assistance to find grant funding to support the development of Big Gem Park, including this initial access road. He stated Dr. Cardman has been contacted to determine what assistance he may offer to search for grant funding.
Councilman Comer stated since the Town does not currently have funding to support its portion of the recreational access road, he felt it may have been bad judgment on VDOT’s part for this road to be bid out at this time.
Town Manager Dovel explained the Town or local VDOT representatives were not aware the project was going to be bid at this time. Both Town and VDOT officials were surprised to begin receiving calls from contractors about the bid for the Big Gem Park recreational access road, since funding will be an issue. However, apparently the Richmond VDOT office gave the go ahead for the bid process.
Councilman Sampson stated they will research grant funding and at least will know what costs will be for this project. He conceded funding will be a hurdle at this time, but noted eventually having this road will allow for a future fire and rescue building, as well as opening up the park to the development of master plan for Big Gem.
Item # 7 – Mayor Lucas and Council Members received the June 2009 Town vehicle gasoline log for review.
Item # 8 – The July 2009 police report was received for Council’s review.
COMMITTEE REPORTS
WATER & SEWER (Chairman Kite and Councilpersons Jenkins and Sampson)
Town Manager Dovel reported the looping of the water line along Seventh Street seems to have solved the low water pressure in this area. He noted previously the resident’s pressure was 34 lbs., but went to zero when the hydrant was opened in front of the fire hall. He stated since the looping of the water was completed the residents have 38 lbs of pressure and it goes to 18 lbs when the hydrant is open.
Town Manager Dovel stated the public works department has been very busy repairing water leaks, and noted they repaired four (4) leaks today. Several of the areas for water leak repairs will have to be blacktopped over to meet VDOT specifications.
STREETS & PUBLIC PROPERTY (Chairman Kite and Councilpersons Comer and Sampson)
Councilman Jenkins complimented the public works department on recent curb and gutter repairs on Denver Avenue.
Councilman Comer stated Ms. Perry, who lives on Fourth Street, is very pleased with the sidewalk, curb and gutter replacements in front of her residence as well.
Mayor Lucas stated having the cost sharing program between the Town and property owners is a very good benefit to Town citizens.
Councilman Sampson stated there is a small area of sidewalk along the Maryland Avenue side of the elementary school that needs to be repaired before school is back in session.
Councilman Jenkins reported a work order is also needed for cleaning out the grate and ditch along Virginia Avenue, near the intersection with First Street.
Vice Mayor Kite requested the police department determine if all vehicles are properly licensed on Shenandoah Avenue, which are owned by Mr. Lucke. He noted there are about 9 or 10 vehicles parked on the street at this residence.
Mayor Lucas stated some of the vehicles at Mr. Lucke’s seem to be under repair and it should be determined if there is a business license on file to operate if the vehicles are being repaired for payment as well.
Councilman Comer requested it be researched to determine how long vehicles can stay at a public garage before they need to be removed. He noted there seems to be vehicles at Clapper’s garage that have been there for months and some do not appear to have valid license plates.
Councilman Jenkins stated he knew some of the vehicles were being held for payment of the repair jobs.
Councilman Sampson stated the police should also check a vehicle in the alley between Third and Fourth Streets that appears to be unlicensed as well.
POLICE, SAFETY, & JUDICIAL (Chairman Kite and Councilpersons Comer and Switzer)
Chief Monteleone stated he would answer any questions on the written police report submitted for Council’s review.
Councilman Jenkins inquired if the police department applied for stimulus funding for a police officer for two (2) years?
Chief Monteleone stated yes, they applied for funding through the stimulus funding and other grants too.
Councilman Comer noted these grants pay for two (2) years, but then it would be Town’s responsibility to find funding to keep any additional officers.
Chief Monteleone stated yes, that is correct and noted if the Town were selected to receive funding, they could decide to turn it down.
Councilman Jenkins inquired how the new skate park was working out?
Chief Monteleone stated the skaters really need a soda machine and also a portable toilet would assist from them overwhelming the police department and computer center facilities. He noted skateboarding is a dangerous sport and requiring helmets is a real necessity. He stated they have had to ask some children to leave that were not wearing helmets already. He also suggested the parents of the children using the park should be required to sign a waiver form as well.
Councilman Sampson stated helmets are required and they may put up a sign that states not responsible for accidents as well. He noted requiring helmets for anyone inside the fence may also be a good rule to use. Repeat offenders could be fined, but he did not want to ban anyone from the park at this time.
TAXATION & FINANCE (Chairman Pierce and Councilpersons Kite and Switzer)
There was nothing to report during this period.
PARKS & RECREATION (Chairman Sampson and Councilpersons Pierce and Switzer)
Committee Chairman Sampson reported the following parks and recreation news: Bradley Williams donated his time to make computer sketches of the proposed Veteran’s Memorial Stadium; will request Dr. Cardman’s assistance with researching available grant funding for the Big Gem recreational access road and other P&R projects; pursuing a parking area at Big Gem Park; will allow fishing after dark at the river park if they apply for a town license to do so; reviewing rules for the new skate park and will adjust as needed. Helmets are required to use in the skate park. They will review a portable toilet for the skate park and a soda machine too; the committee will review whether or not to apply for more Chesapeake Bay funding at this time; the beautification committee planted 5 new pots of flowers that will be placed around Town.
Councilman Sampson also stated fundraising big ball tournaments will be held in September and October.
Councilman Sampson reported the contractor, Dale Enterprises, Inc., was selected to complete the bike trail at Big Gem Park. He noted he now has the paperwork to prove they are properly licensed and Council will now need to authorize him to begin the work, which is funded by a grant from Page Valley Cycling.
A Motion was made by Councilman Sampson, seconded by Councilman Pierce, to authorize Dale Enterprises, Inc., to complete the bicycle trail at Big Gem Park, in the amount of $7,937.50, which will be paid for by a grant from Page Valley Cycling.
Members Roll Call Vote was as follows:
YEA: Vice Mayor Kite NAY: None. Councilman Comer Councilman Jenkins Councilman Pierce Councilman Sampson
ABSTAIN: Mayor Lucas. ABSENT: Councilwoman Switzer VOTE: Unanimous in favor of motion.
Councilman Sampson stated he would provide copies of two (2) photographs from Big Gem Park to have available in the Town’s museum. The photographs depict the furnace and a train engine used to remove the cinder kettles out of the pit.
INDUSTRIAL, ECONOMIC DEVELOPMENT & PROCUREMENT (Chairman Comer and Councilpersons Jenkins and Pierce)
Committee Chairman Comer stated according to the recent newspaper article, Grace House on Third Street is promoting itself as a new business in Town. However, he noted they do not have any approved permits or licenses to operate in Town. He noted this facility was turned down by the Planning Commission in 2004, as there was objection due to the close proximity to the elementary school.
Councilman Pierce noted following the Planning Commission’s recommendation of denial in 2004, Grace House withdrew their special use permit application, prior to the Town Council voting on the matter. However, now Grace House appears to be operating by holding regular meetings at the home and the article noted plans include up to nine (9) residents who are recovering from drug or alcohol addictions. He noted there is a need for this type of facility in every community, but behind the elementary school does not seem to be the best location for it. Also, he reiterated they do not have any permits or licenses to operate in Town at this time and therefore, action is needed to ensure the proper procedures are followed.
Councilman Sampson stated all businesses are required to have the proper permits prior to operating and Grace House is no exception.
In addition to meeting Town Code requirements, Vice Mayor Kite noted they should also be required to obtain the proper permits and inspections from the building official’s office and possibly state agencies as well to operate as a facility for recovering addicts.
Following a brief discussion, a Motion was made by Councilman Pierce, seconded by Councilman Sampson, to authorize Town Attorney Blatt to take immediate legal action to ensure Grace House ceases operation until they receive the necessary approvals and comply with all permitting and license requirements.
Members Vote was as follows:
YEA: Vice Mayor Kite NAY: None. Councilman Comer Councilman Jenkins Councilman Pierce Councilman Sampson
ABSTAIN: Mayor Lucas. ABSENT: Councilwoman Switzer VOTE: Unanimous in favor of motion.
Council Members noted they wanted to point out that no one is against the idea of a facility such as Grace House in Town, just the location and their approach without ensuring all permitting and licensing requirements are met.
Committee Chairman Comer stated the Town has been waiting on action regarding the Shenandoah Wireless Broadband Authority and Alex Phillips. The Town Attorney has not received any reports for a resolution to the fact there are no contracts and Mr. Phillips continues to use Town owned equipment for his business. He noted Mr. Phillips or his attorney needs to find time to resolve this issue in the near future, as the Town needs to recoup the revenue it is owed in this matter.
COMMUNITY SERVICE (Chairman Kite and Councilpersons Jenkins and Pierce)
A Motion was made by Councilman Pierce, seconded by Councilman Comer, to award the August 2009 Community Enhancement Award to Paul Dovel, III for recent improvements made to his property at 311 Virginia Avenue.
Members Vote was as follows:
YEA: Vice Mayor Kite NAY: None. Councilman Comer Councilman Jenkins Councilman Pierce Councilman Sampson
ABSTAIN: Mayor Lucas. ABSENT: Councilwoman Switzer VOTE: Unanimous in favor of motion.
PERSONNEL (Chairman Pierce and Councilpersons Sampson and Switzer)
Personnel Committee Chairman Pierce reported they had several recommendations for personnel issues.
A Motion was made by Councilman Pierce, seconded by Councilman Sampson, to accept the resignation of police officer Brandon Carter, effective August 6, 2009.
Members Roll Call Vote was as follows:
YEA: Vice Mayor Kite NAY: None. Councilman Comer Councilman Jenkins Councilman Pierce Councilman Sampson
ABSTAIN: Mayor Lucas. ABSENT: Councilwoman Switzer VOTE: Unanimous in favor of motion.
A Motion was made by Councilman Pierce, seconded by Councilman Sampson, to authorize the placement of an advertisement for a certified police officer.
Members Vote was as follows:
YEA: Vice Mayor Kite NAY: None. Councilman Comer Councilman Jenkins Councilman Pierce Councilman Sampson
ABSTAIN: Mayor Lucas. ABSENT: Councilwoman Switzer VOTE: Unanimous in favor of motion.
Councilman Pierce noted the deadline to return applications will be August 14, 2009 and the Personnel Committee would like to invite the Police Committee to sit in on the interviews. It is hoped the position can be filled quickly to relieve the other officers from filling in for the vacant position.
A Motion was made by Councilman Pierce, seconded by Councilman Sampson, to hire Michael Wheeler as a part-time parks and recreation worker at a salary of $9.00 per hour, with no benefits, effective August 17, 2009.
Members Roll Call Vote was as follows:
YEA: Vice Mayor Kite NAY: None. Councilman Comer Councilman Jenkins Councilman Pierce Councilman Sampson
ABSTAIN: Mayor Lucas. ABSENT: Councilwoman Switzer VOTE: Unanimous in favor of motion.
Councilman Pierce noted Mr. Wheeler will replace Mr. Thomas who was previously hired temporarily as he leaves for college in the fall of 2009.
POLICE REPORT
There was nothing further to report during this period.
UNFINISHED BUSINESS
There was no unfinished business to report during this period.
NEW BUSINESS
There was no new business to report during this period. TOWN MANAGER’S REPORT
Following questions, Town Manager Dovel reported the culvert replacement on Junior Avenue was done by the property owner. He noted Page County Officials said they would be contacting the property owner regarding erosion and sediment control issues with the new culvert pipe installation.
He also noted the Virginia Department of Transportation cleaned out the old drainage ditch near the Town maintenance shed and he would contact them to ensure they re-installed the support beams in the culvert at this location.
Regarding a speed bump at the river park, he noted they would be asking the pavers to install this for the town as well.
MAYOR’S REPORT
Mayor Lucas reported the following: He received a complaint of someone illegally burning tires and other debris of a toxic nature in the area of J Street and Coverstone Lane. It was noted if it happens again the residents should contact the emergency operations center to have it investigated to determine if the debris being burned is allowed or not.
He noted the excursion train to Shenandoah has received its final approval and will arrive in Shenandoah on November 8, 2009, at about 12:30 p.m. and will stay in Town for about two (2) hours. There is the possibility 700 people may be on the train and will have pre-ordered meals to be served by the volunteer fire company and rescue squad in two (2) separate shifts. Volunteers will be needed to assist with directing the train visitors and answering questions. Some transportation may be needed to shuttle any handicapped or elderly passengers to the community center or fire house for the meals. Stevens Cottage, Town Hall’s museum room, and the Shenandoah General Store will all be open to give the passengers something to do while they are in Town. Other vendors, including entertainment, may be set up along the First Street, which will be closed to vehicles during this time.
Councilman Comer agreed to request the Page County Transit buses assist with transporting the train passengers to their destinations while in Town.
FOR THE GOOD OF THE TOWN
There was no one present to speak during this period.
ADJOURN
There being no further discussions, a Motion was made by Vice Mayor Kite, seconded by Councilman Sampson, to adjourn the meeting at 9:09 p.m.
Members Vote was as follows:
YEA: Vice Mayor Kite NAY: None. Councilman Comer Councilman Jenkins Councilman Pierce Councilman Sampson
ABSTAIN: Mayor Lucas. ABSENT: Councilwoman Switzer VOTE: Unanimous in favor of motion.
APPROVED: ATTESTED:
__________________________ _______________________ Clinton O. Lucas, Jr., Mayor Juanita Roudabush, MMC |
