WARSAW TOWN COUNCIL
PUBLIC HEARING
78 BELLE VILLE LANE
AUGUST 10, 2017 – 7:00 P.M.
Mayor Randall L. Phelps called the Warsaw Town Council to order. Council members present were Paul G. Yackel, Rebecca C. Hubert, Auriel Walker, Ogle E. Forrest, Sr., Roger R. Lee and Faron H. Hamblin.
Town staff were Joseph N. Quesenberry, Town Manager, Police Chief Joan Kent, Lee H. Capps, Planning and Economic Development and Susan M. Pemberton, Treasurer and Clerk of Council. Others present were Mary Beth Bryant, Donna Jackson, Joanne Nelson, Larry Thorn, Sara and Kaleb Carroll, Torrence Harman, Levi Jackson, Jacob Mundy, Stephen McKeever, VDOT Area Resident Engineer and Diane Lank, Town Attorney.
Approval of Agenda
Correction to the agenda Number 9 VDOT Area Resident Engineer, Stephen McKeever will move to be after Number 6 Public Hearing. On motion by Councilman Forrest the agenda was approved. Councilman Hamblin seconded the motion. The following vote was taken.
Ogle E. Forrest, Sr. Aye Faron H. Hamblin Aye
Rebecca C. Hubert Aye Paul G. Yackel Aye
Randall L. Phelps Aye Roger R. Lee Aye
Auriel Walker Aye
Approval of Minutes – July 13, 2017
Mayor Phelps asked if there were any additions or corrections to the minutes of July 13, 2017. Councilman Hamblin moved to approve the minutes of July 13, 2017 as presented. Councilman Forrest seconded the motion with the following votes.
Ogle E. Forrest, Sr. Aye Faron H. Hamblin Aye
Rebecca C. Hubert Aye Paul G. Yackel Aye
Randall L. Phelps Aye Roger R. Lee Aye
Auriel Walker Aye
Financial Report –July 2017
Councilman Hamblin moved to accept the July 2017 Financial Report as presented. Councilman Yackel seconded the motion carried with the following votes.
Ogle E. Forrest, Sr. Aye Faron H. Hamblin Aye
Rebecca C. Hubert Aye Paul G. Yackel Aye
Randall L. Phelps Aye Roger R. Lee Aye
Auriel Walker Aye
Public Hearing – Potential Gannon Property Purchase
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Warsaw Town Council will be holding a Public Hearing during their regularly scheduled Town Council Meeting on Thursday, August 10th, 2017 at 7:00 PM at the Warsaw Town Council Chambers, located at 78 Belle Ville Lane, Warsaw, Virginia. The Public Hearing is to receive comments concerning the potential eminent domain case the Town is pursuing in regards to the Gannon Property. Any questions may be directed to Joseph Quesenberry, Town Manager, at This email address is being protected from spambots. You need JavaScript enabled to view it., or at (804)333-3737.
Mayor Randall L. Phelps read the Resolution Authorizing and Directing the Acquisition, By Condemnation or Other Means, of the property known as “The Bottom”.
TOWN OF WARSAW
RESOLUTION AUTHORIZING AND DIRECTING
THE ACQUISITION, BY CONDEMNATION OR OTHER MEANS,
OF THE PROPERTY KNOWN AS “THE BOTTOM”
LOCATED IN THE TOWN OF WARSAW,
RICHMOND COUNTY, VIRGINIA
WHEREAS, the Town of Warsaw is responsible for storm water management in the Town of Warsaw; and
WHEREAS, there has been a history of significant and damaging flooding after moderate to severe storms in the central business district and surrounding residential areas in the Town of Warsaw; and
WHEREAS, “The Bottom” comprises the four parcels totaling approximately 11 acres at 5972 Richmond Road, Warsaw, VA 22572, full legal description attached as Exhibit A;
WHEREAS, after review of the engineering studies regarding the flooding, the Town of Warsaw concluded that the most feasible and efficient solution to the flooding was to acquire The Bottom; and
WHEREAS, according to engineering studies, The Bottom offers the only suitable site from the standpoint of both geographical and topographical conditions to create a storm water management facility; and
WHERAS, the Town of Warsaw has determined that it is necessary to acquire The Bottom for public use to create a storm water management facility; and
WHEREAS, the Town of Warsaw has determined that its acquisition of The Bottom: (i) is no more property than is necessary to meet its needs and public purposes and uses stated herein; (ii) will serve only public interests which dominate any private gain; (iii) is sought for the primary purpose of serving public interests and not private financial gain, private benefit, an increase in tax revenues, or an increase in employment; and (iv) otherwise complies with Va. Code Ann. § 1-219.1; and
WHEREAS, the Town of Warsaw staff, directly and through their agents, have attempted in good faith to negotiate the acquisition of The Bottom from the owner, but, so far, have been unsuccessful in reaching an agreement with the owner on mutually acceptable terms; and
WHEREAS, the Town of Warsaw may acquire land and easements through the exercise of the power of eminent domain pursuant to Va. Code Ann. §§ 15.2-1900 et seq., as amended; and
WHEREAS, prior to initiating condemnation proceedings, the Town of Warsaw is required to conduct a public hearing pursuant to Va. Code Ann. § 15.2-1903(B), as amended; and
WHEREAS, the Town of Warsaw scheduled a public hearing for August 10, 2017 to consider the acquisition of The Bottom by condemnation or other means, and published notice of this public hearing in the Northern Neck News for two consecutive weeks, and also provided written notice of such public hearing to the owner of the Property as well as owners of abutting properties and properties immediately across the street from the Property; and
WHEREAS, the Town of Warsaw held a public hearing on this matter at the Town Hall on August 10, 2017, at which all interested members of the public requesting to do so were permitted to speak; and
WHEREAS, at the public hearing, the Town of Warsaw Town Council heard and considered comments from the public as well as information provided by Town of Warsaw staff, including publication of notice of the public hearing, as well as appraisal data of The Bottom provided by an independent appraiser; and
WHEREAS, the Town of Warsaw, upon consideration of all of the foregoing, determines and is of the conclusion that it is in the best interest of the Town of Warsaw and the public to acquire The Bottom necessary to construct the storm management facility, either by negotiation or by exercise of the Town of Warsaw’s power of eminent domain if efforts to obtain The Bottom by other means continue to be unsuccessful.
NOW THEREFORE, IT IS, ON THIS 10th DAY OF AUGUST 2017, HEREBY RESOLVED, that the construction, operation and maintenance of a storm water management facility is approved as a critical public use necessary to ensure relief from serious flooding, for the health, safety and welfare of the members of the public served by the Town of Warsaw; and be it
FURTHER RESOLVED, that the acquisition of The Bottom by condemnation or other means, free and clear of any and all liens, judgments, deeds of trust, leases or other conflicting encumbrances, is approved, such acquisition being necessary for the storm water management project; and be it
FURTHER RESOLVED, that The Bottom will be used for facilities to be operated by the Town of Warsaw in furtherance of its public and governmental functions pursuant to the Virginia Code Annotated, and that that the acquisition of The Bottom for that public use: (i) is no more property than is necessary to meet the Town of Warsaw’s needs and public purposes and uses stated herein; (ii) will serve only public interests which dominate any private gain; (iii) is sought for the primary purpose of serving public interests and not private financial gain, private benefit, an increase in tax revenues, or an increase in employment; and (iv) otherwise complies with Va. Code Ann. § 1-219.1; and be it
FURTHER RESOLVED, that the Town of Warsaw has made bona fide efforts to acquire The Bottom from the landowner, but, to date, those efforts have been ineffectual; and be it
FURTHER RESOLVED, that the Town of Warsaw does hereby authorize its Town Manager and Counsel, respectively, to take all actions for and on behalf of the Town of Warsaw which are or may be appropriate or necessary for the Town of Warsaw to acquire The Bottom through the exercise of its power of eminent domain, including but not limited to, the filing of any papers or pleadings with the Circuit Court of Richmond County, Virginia and other actions related to the initiation of any legal proceedings necessary or appropriate to acquire The Bottom by eminent domain, provided, however, that nothing in this Resolution shall be construed as preventing the continued negotiation by the Town Manager and/or Counsel for the Town of Warsaw for the acquisition by other means of The Bottom before the initiation of any such eminent domain proceedings; and be it
FURTHER RESOLVED, that all the actions taken by the Town Manager and Counsel in connection with this matter are hereby ratified and confirmed; and be it
FINALLY RESOLVED, that a copy of this Resolution be filed with the papers of this meeting.
The preceding Resolution was adopted at the Regular Meeting of the Town of Warsaw Town Council by a vote of 7 ayes and 0 nays.
Randall L. Phelps Susan M. Pemberton
Mayor, Town of Warsaw Clerk, Town of Warsaw
EXHIBIT A
LEGAL DESCRIPTION OF “THE BOTTOM”
ALL those four (4) certain lots, pieces or parcels of land, together with all appurtenances thereunto belonging, situate partly in the Town of Warsaw, and partly in Marshall Magisterial District, Richmond County, Virginia, on the south side of U.S. Route 360, consisting in the aggregate of 11.124 acres, more or less, known and designated as “PARCEL 1, 2.577 AC.”, more or less, “PARCEL 2, 0.106 AC.”, more or less, “PARCEL 3, 2.012 AC.”, more or less, and “PARCEL4, 6.429 AC.”, more or less, as shown on that certain plat of survey dated August 5, 1998, revised September 17, 1998, made by Phillip L. Keyser, C.L.S. and entitled “GANNON-WARSAW, L.L.C.” and recorded in the Clerk's Office of the Circuit Court of Richmond County, Virginia, in Slide 2-135A to which plat reference is hereby made for a more particular description of said four parcels of land; AND BEING the same and identical real estate conveyed unto Ganon-Warsaw, LLC, a Virginia limited liability company by deed dated September 8, 1998, from J. Wolfturn Associates, a Virginia general partnership, and recorded in the aforementioned Clerk’s Office in Deed Book 185, page 439;
SUBJECT TO an express easement over, along and upon a parcel of 0.064 of an acre, more or less, for the purposes of ingress and egress to and from properties adjacent to said parcel, which lies between the property herein described and Wallace Street (said parcel being designated on the aforesaid plat as a shaded area) of record in the aforementioned Clerk's Office in Deed Book 101, page 609 (said easement was erroneously referred to an ‘expressly included’ easement in Deed Book 185, page 441);
SUBJECT, HOWEVER, to all covenants, conditions, restrictions, reservations, and easements, if any, recorded or unrecorded, applicable to said land in so far as they may lawfully apply.
Levi Jackson and Jacob Mundy asked to speak to the council and presented what they thought “The Bottom” would be for a great place to have Escape Reality Amusements to provide the communities near and far with a safe, fun and wholesome place to hang out and enjoy doing it. This would include Go-Karts, Paintball, Arcade and Escape Rooms.
Mayor Phelps closed the Public Hearing.
Councilman Lee made a motion for Mayor Phelps to sign the Resolution and to move forward on the acquisition. Councilman Forrest seconded the motion carried with the following votes.
Ogle E. Forrest, Sr. Aye Faron H. Hamblin Aye
Rebecca C. Hubert Aye Paul G. Yackel Aye
Randall L. Phelps Aye Roger R. Lee Aye
Auriel Walker Aye
VDOT Area Resident Engineer- Stephen McKeever
Councilman Forrest has been asked by many citizens about the turn at Commonwealth Florist and the trailers that drift into the other lane as coming around the curb. Mr. McKeever stated there is not a lot you can do there but maybe if the Town would entertain 4 lanes to 3. I will get more information and bring back to Council possibilities that are available.
Joseph N. Quesenberry, Town Manager thanked Stephen McKeever for coming to the council meeting tonight. Stephen McKeever stated VDOT would be using Message Boards for WarsawFest /Oktoberfest to close Main Street.
YMCA Funding Request
Mayor Randall L. Phelps stated that the funding could be a onetime $10,000.00 or $10,000.00 over 5 years or even just $1,000.00. After much discussion the council decided to table.
USDA Resolutions – Police Vehicle Grant
The Town Manager stated we have been notified from Rural Development that we have been approved for a grant of $25,000.00 for the purchase of two police vehicles and a loan in the amount of $40,800.00 at an interest rate of 3.25% for 5 years. The Loan Resolution needs to be adopted by Council to be eligible for the grant and authorize the Town Manager to sign and execute all documents which are to be attached to the minutes of this meeting. Councilman Forrest moved to adopt the Loan Resolution for the purchase of police cars and to authorize the Town Manager to execute and sign all documents. Councilman Lee seconded the motion carried with the following votes.
Ogle E. Forrest, Sr. Aye Faron H. Hamblin Aye
Rebecca C. Hubert Aye Paul G. Yackel Aye
Randall L. Phelps Aye Roger R. Lee Aye
Auriel Walker Aye
Mayor Phelps reads from another Resolution that needs to be adopted tonight, Virginia Instruction 1942-A, Exhibit B, Attachment 2 needs to be adopted in conjunction with the Grant and Loan Application. Resolution of the Governing Body of the Town of Warsaw to facilitate obtaining financial assistance from the United States of America, United States Department of Agriculture, Rural Development (The Government) in the purchase of Police Vehicles and Equipment to serve the community, the governing body does hereby adopt and abide by the covenants contained in the agreements, documents, and forms required by the Government to be executed. Councilman Forrest moved to adopt Virginia Instruction 1942-A, Exhibit B, Attachment 2 and authorize the Town Manger to sign and execute all documents. Councilman Lee seconded the motion carried by the following votes:
Ogle E. Forrest, Sr. Aye Faron H. Hamblin Aye
Rebecca C. Hubert Aye Paul G. Yackel Aye
Randall L. Phelps Aye Roger R. Lee Aye
Auriel Walker Aye
Joseph N. Quesenberry, Town Manager stated the pay off for the two 2014 police Interceptor vehicles as of August 7, 2017 was $13,973.24 and the monthly payment on this is $634.00 a month. There is Hi-Fi monies of $80,868.81 in Police Car and $11,758.86 in CD monies therefore I feel we could pay this off and then only have the new monthly payment instead of both.
Councilman Lee made a motion to pay the existing loan off with Rural Development for the 2014 Police Vehicles and take from the Police Car Reserves/Hi-Fi Monies. Councilman Forrest seconded the motion carried with the following votes.
Ogle E. Forrest, Sr. Aye Faron H. Hamblin Aye
Rebecca C. Hubert Aye Paul G. Yackel Aye
Randall L. Phelps Aye Roger R. Lee Aye
Auriel Walker Aye
Police Station – Formation of Ad-Hoc Committee
Mayor Phelps stated that there needs to be a committee existing of Joseph N. Quesenberry and Chief Joanie Kent and any other council member that would like to be on it. The architect and design of the building needs to be looked at and it meets needs and is functional the monies will come from the sale of the WWHC. Councilman Lee and Councilman Forrest both agreed to be on this committee. Committee Members as follows (1) Joseph N. Quesenberry (2) Chief Joanie Kent (3) Roger R. Lee
(4) Ogle E. Forrest, Sr.
Street Light Fund – Authorization to Proceed
Joseph N. Quesenberry, Town Manager stated that there is a pop out in your council packets with a map with adding 8 to 12 street lights and the number us contingent upon measurements and engineering. The street lights would be placed away from the sidewalk, allowing for the sidewalk to be moved further from the street in subsequent years. Mr. Gregory Packett has generously agreed to donate all labor and installation. The cost per light is $1,500.00 with a total cost of $12,000 – $20,000. I would like authorization to proceed with expansion. Councilman Forrest made the motion to proceed with the Street Light Expansion not to exceed $25,000.00 and to use the Reserves that have been set aside for Street Lights. Councilman Lee seconded the motion carried by the following votes.
Ogle E. Forrest, Sr. Aye Faron H. Hamblin Aye
Rebecca C. Hubert Aye Paul G. Yackel Aye
Randall L. Phelps Aye Roger R. Lee Aye
Auriel Walker Aye
Town Park and Dog Park – Comprehensive Plan
Joseph N. Quesenberry stated that there has been a negotiation with Verizon to receive .40 acres as a donation to the Town. This addition will give us the back lot and a 20’ wide strip down the side of the park. Depending upon Council’s vote, this would allow us to tear down the dilapidated metal making this a great site for the dog park. Lowe’s to order and install a new white fencing (to march existing), the cost was estimated at $19,500. Councilman Lee is working to negotiate a lower rate. Dog Park equipment is being donated and may be purchased incrementally throughout upcoming years.
Councilman Lee has gotten a cost of $9,532 but we would install. Councilman Forrest made a motion to proceed with fencing and materials but not to exceed $15,000.00. Councilman Lee seconded the motion carried by the following votes.
Ogle E. Forrest, Sr. Aye Faron H. Hamblin Aye
Rebecca C. Hubert Aye Paul G. Yackel Aye
Randall L. Phelps Aye Roger R. Lee Aye
Auriel Walker Aye
Police Report – Chief Kent
Joan N. Kent, Chief of Police stated they had 141 calls and 8 arrests. The fair has been going on this week and we have been working and have a booth and hand out goodies. Officer Tim Jackson and I went to DMV Grant writing in King George where we have been awarded $4,050 and this can be used for radar and selective service.
Planning Commission Report – Councilman Hamblin
Councilman Hamblin stated he had joined Councilman Roger Lee in attending the NNEC Annual Meeting; therefore, he missed the meeting however here are the highlights as reported to me to share with you. The Warsaw Planning Commission and Board of Zoning Appeals held a meeting together on August 3, 2017. There was an election for the Chairman and Vice-Chairman. J. Bradford Lowery, III was elected as Chairman and Cindy M. Lloyd for Vice-Chairman. The 5 members’ term dates were discussed and are as follows:
R. M. “Mac” Lowery 12/31/17
J. Bradford Lowery, III 12/31/18
Edgar L. Milsted, II 12/31/19
J. Lawrence Thorn 12/31/19
Cindy M. Lloyd 12/31/19
Wastewater Treatment Facility Report – Lee Ambrose
Lee Ambrose stated that the average flow from Town for July was 180,700 gallons, a 200 gallon decrease from June’s flow average of 180,900 gallons. The max flow from Town was 312,600 gallons an increase of 104,900 gallons from June’s max flow of 226, 000 gallons. This is due to a major rain event this past month which increased the infiltration into the Towns sewer. The average total phosphorous for the month of July was 0.10 mg/l, which resulted in a monthly discharge of 3.6 pounds. This puts us at 47.5 pounds for the year, 274 pounds allowed for yearly discharge. Year to date we are around 17% of our permit, which ends December 31, 2017. The average total nitrogen for July was 2.83 mg/l. This resulted in a monthly discharge of 102.0 pounds. This puts us at 855 pounds for the year. We are permitted 3,655 pounds per year. Year to date we are around 23% of our permit. The pump at lift station #6 was leaking oil and not pumping correctly, upon removal of the pump by town personnel it was found to have a toilet cap/plug hung into pump, this object caused the pump to cavitate(pump air pockets)which resulted in dents forming in the impeller. The oil leak came from a bad seal installed at the factory, as these pumps have only been in service for a couple of years. The dealer came and inspected the pump and replaced the seal, but advised we would need to purchase a new impeller because of it being out of balance due to the cavitation, and that the seal would be a temporary fix but would eventually leak again due to this. The parts have been ordered and the pump will be back up and running like it suppose to upon parts arrival.
Councilman Forrest also addressed the plugging of manholes so we do not need to treat Rain Water. Lift Station # 8 Warsaw Manor has 2 feet of solid grease on top which seems to be an ongoing problem as well.
Northern Neck Regional Jail Report – Larry Thorn
Larry Thorn reported that the jail report was in Council’s packet. The total population was 386 inmates and by the end of the day it was increased to 400. The NNRJ’s attorney is getting ready to retire and there will be another representative from the same firm to fill the position.
Economic Development Report – Lee Capps
Lee H. Capps, Planning and Economic Development stated we are working for Warsaw to have more growth, investment and capital to be profitable. There has been research and recruitment of new businesses. There are five commercial properties about to close that have been on the market and four new businesses about to be a part of Warsaw. The gas company should have us a report back in mid October of their plans.
Closed Session
2.2-3711(A)1 Personnel and 2.2-3711(A)3 Real Estate
Councilman Yackel made the motion into closed session as permitted by Virginia Code Section 2.2-3711(A)1 Personnel and Virginia Code Section 2.2-3711(A)3 Real Property. Councilman Forrest seconded the motion. The following vote was taken.
Ogle E. Forrest, Sr. Aye Faron H. Hamblin Aye
Rebecca C. Hubert Aye Paul G. Yackel Aye
Randall L. Phelps Aye Roger R. Lee Aye
Auriel Walker Aye
Mayor Phelps reconvened in regular session and Council certified, by roll call vote, That In the closed session concluded, nothing was discussed except the Matters(1)specifically identified in the motion to convene in closed session (2) lawfully permitted to be so discussed under the provisions of the Virginia Freedom of Information Act citied in that motion. The following are the roll call votes:
Ogle E. Forrest, Sr. Aye Faron H. Hamblin Aye
Rebecca C. Hubert Aye Paul G. Yackel Aye
Randall L. Phelps Aye Roger R. Lee Aye
Auriel Walker Aye
Council Comments
Councilman Forrest stated there had been some good work done tonight.
Councilwoman Walker agreed with Councilman Forrest.
Councilman Hamblin excited about the new fence and lights for the Town.
Adjournment
There being no further business, the meeting was adjourned by Mayor Phelps.
_______________________________
Susan M. Pemberton, Clerk of Council