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"...let Facts be submitted to a candid world." --The Declaration of Independence

At the regular monthly meeting of the Farmville Town Council held on January 11, 2006, there present were Mayor S.C. Newman, Jr., presiding and Council members D.E. Whitus, D.L. Hunter, A.H. Nase, H.L. Horton O.S. Overton, A.D. Reid and C.H. Lafoon.

On proper motion, duly seconded and carried, the regular order of business was dispensed with to hear from guests.

Mr. Jack Houghton addressed Council on the recent reorganizational changes made to the Prince Edward County Planning Commission.Mr. Houghton said he attended the County Board meeting on, Tuesday, January 10th and the Board adopted new policies for the Countys Planning Commission.These new policies will exclude representation for the Town of Farmville. He said the County voted to allow the Town an ex-officio member, who is to be a staff member, with no voting powers.Mr. Houghton said 6,368 people are citizens of both the Town of Farmville and Prince Edward County which is 32.3 percent or one third of the Countys population. He urged Council to intervene and request equal and fair representation for the Town of Farmville.

Mr. Houghton further reported that the Prince Edward Board of Supervisors had denied a request by Town Council for an independent traffic study of the area where the County had approved a new townhouse development. He said the Board of Supervisors said they had reviewed six (6) traffic studies of the area and felt that was sufficient.Council member Horton asked if those six (6) studies were actual traffic studies or traffic counts and did Mr. Houghton know if they were professional studies or County Board of Supervisors counting cars. Mr. Houghton expressed his concerns on those issues stating the purpose of traffic counts is to count existing traffic.While a traffic study would consider the impact of the proposed development on the existing transportation network.

WHEREAS, a majority of the residents of the Town of Farmville are also residents of Prince Edward County, and

WHEREAS, these town residents pay taxes in the amount of $1,648,301.43 dollars to Prince Edward County, and

WHEREAS, over 37.16 percent of Prince Edward Countys real estate tax base comes from within the town limits, as well as almost 70 percent or $2,277,890 dollars of the sales tax generated goes to Prince Edward County, and

WHEREAS, the Town of Farmville is the major driving force in retail and economic development in the region, and

WHEREAS, the Town of Farmville has developed all the infrastructure and improvements necessary for the economic development in the region, at no cost to County taxpayers, and

WHEREAS, the Prince Edward County Board of Supervisors needs to recognize the importance of the Town of Farmville as a major force in the growth of the area, and

WHEREAS, the Farmville Town Council would like to strongly encourage Farmville town resident, Jack Leatherwood to continue to serve as a representative on the County Planning Commission, and

NOW, THEREFORE BE IT RESOLVED that the Prince Edward County Board of Supervisors appoint representatives to serve on the County Planning Commission from each of the eight (8) voting districts, of which three (3) include the Town of Farmville, and

BE IT FURTHER RESOLVED, that each Prince Edward County Board of Supervisors receives a certified copy of this resolution.

On motion by Mr. Whitus, seconded by Mr. Hunter and with a recorded vote with Council members Whitus, Hunter, Nase, Horton, Overton, Reid and Lafoon voting aye, Council adopted the resolution.

Council member Hunter requested copies of the six (6) traffic studies the County Board of Supervisors referred to at their Board meeting.Mayor Newman asked if there had been any consideration to some of the traffic of the proposed development exiting on the bypass.Mr. Houghton said that would be a major improvement to the situation - if that could be accomplished.Dr. Edward Gordon spoke saying the Board of Supervisors had researched that possibility and the Virginia Department of Transportation was against the idea.Mr. Houghton commented that when VDOT purchased the right of way they did so with limited access.Which means when the property owners sell they give up all rights to access the property.VDOT would have to be offered compensation which would most likely be costly to the County or the Developer.

Police Chief, Stuart Dunnavant introduced Police Officer, Marilyn Durham who graduated from the Police Academy in December and has joined the Farmville Police Department. Officer Durham graduated first in her class in academics.

Mr. Greg Cole introduced himself as a candidate in the upcoming May elections.He will be running in the Ward A District.Mr. Cole has been a resident in Farmville for eleven (11) years.

Doctor Edward Gordon updated Council on the Towns Green Machine, a tactical mobile medical unit.Since the terrorist attack on September 11th, medical equipment and supplies have been added to handle hazmat and terrorism incidents.

On motion by Mr. Horton, seconded by Mrs. Nase and with all Council members voting aye, Council approved the minutes of the December 14, 2005 regular meeting, as previously presented to each Council member.

On motion by Mr. Whitus, seconded by Mr. Hunter and with a recorded vote with Council members Whitus, Hunter, Nase, Horton, Overton, Reid and Lafoon voting aye, Council approved the Treasurers Report.

On motion by Mr. Whitus, seconded by Mr. Lafoon and with a recorded vote with Council members Whitus, Hunter, Nase, Horton, Overton, Reid and Lafoon voting aye, Council approved payment of the following bills:

Town Manager Gerald Spates informed Council that he had contacted Mr. R.B. Moore, Traffic Engineer with the Virginia Department of Transportation regarding traffic concerns on Peery Drive.Mr. Spates said he will follow up that conversation with a written request for the Virginia Department of Transportation to perform a traffic evaluation of Peery Drive and the entrances to the Wal-mart Shopping Center.

PROPOSED ORDINANCE REIMBURSEMENT OF EXPENSES INCURRED IN RESPONDING TO DUI INCIDENT AND OTHER TRAFFIC INCIDENTS

On motion by Mr. Whitus, seconded by Mr. Reid and with all Council members voting aye, Council authorized advertisement for a Public Hearing to be held on Wednesday, February 8, 2006 on the following proposed ordinance:

Reimbursement of expenses incurred in responding to DUI incident and other traffic incidents

A.A person convicted of violating any of the following provisions shall be liable in a separate civil action for reasonable expenses incurred by the Town, including by the police department, or by any volunteer fire or rescue squad, or by any combination of the foregoing, when providing an appropriate emergency response to any accident or incident related to such violation:

1.Pursuant to the Code of Virginia, 1950, (as amended), provisions 718.2-51.4, 18.2-266, 18.2-266.1, 29.1-738, 29.1-738.02, or a similar ordinance, when such operation of a motor vehicle, engine, train or watercraft while so impaired is the proximate cause of the accident or incident.

2.Pursuant to the Code of Virginia, 1950, (as amended), provisions of Article 7 (§ 46.2-852 et seq.) of Charter 8 of Title 46.2 relating to reckless driving, when such reckless driving is the proximate cause of the accident or incident;

3.Pursuant to the Code of Virginia, 1950, (as amended), provisions of Article 1 (§ 46.2-300 et seq.) of Chapter 3 of Title 46.2 relating to driving without a license or driving with a suspended or revoked license; and

4.Pursuant to the Code of Virginia, 1950, (as amended), provisions of § 46.2-894 relating to improperly leaving the scene of an accident.

B.Personal liability under this section for reasonable expenses of an appropriate emergency response shall not exceed $1,000 in the aggregate for a particular accident or incident occurring in the town.In determining the reasonable expensesthe town may bill a flat fee of $250 or a minute by minute accounting of the actual costs incurred.As used in this section, appropriate emergency responseincludes all costs of providing law-enforcement, fire-fighting, rescue and emergency medical services.The court may order as restitution the reasonable expenses incurred by the town for fire-fighting, rescue and emergency medical services.The provisions of this section shall not preempt or limit any remedy available to the Commonwealth, to the town or to any volunteer rescue squad to recover the reasonable expenses of an emergency response to an accident or incident not involving impaired driving, operation of a vehicle or other conduct as set forth herein.

(1994, c. 617 § 15.1-132.1; 1995, cc. 683, 685, 830; 1997, cc. 587, 691; 2001, c. 505; 2003, c. 796, 2004, c 273; 2005, cc. 148, 366.)

Town Manager Gerald Spates informed Council that the Poplar Hill Community Development Authority will be repaying the $20,000 loan to the Town in February 2006.

Police Chief Stuart Dunnavant presented Council members with the 2005 Year End Traffic Accident report for the Town of Farmville.Town Manager Gerald Spates commended the Police Department on the decrease in traffic accidents from last year.

On motion by Mr. Reid, seconded by Mr. Lafoon and with a recorded vote with Council members Whitus, Hunter, Nase, Horton, Overton, Reid and Lafoon voting ayeCouncil adopted the following amended resolution:

WHEREAS, the Cumberland County Board of Supervisors has expressed an interest in a privately operated landfill in the County, and

WHEREAS the Cumberland County Board of Supervisors stated that revenue generated from the landfill will be used to construct new schools, and

WHEREAS, some of the documented environmental problems associated with operating a landfill are:

WHEREAS, a portion of the Town of Farmville is located in Cumberland County, and the Townacknowledges a landfill in Cumberland County willlikely increase the number of large trucks traveling through Farmville, and

WHEREAS, Farmville has encountered problems with large trucks traveling through town damaging the walk lights, traffic lights .and adding congestion to the downtown area.

NOW, THEREFORE BE IT RESOLVED, Farmville Town Council opposes a Landfill located in Cumberland County and encourages the Cumberland County Board of Supervisors to consider other means to generate the needed revenue.

On motion by Mr. Whitus, seconded by Mr. Horton and with a recorded vote with Council members Whitus, Hunter, Nase, Horton, Overton, Reid and Lafoon voting aye, Council authorized payment of $1,200 dollars to J. Harmon Saunders Construction, Inc. for the movement of equipment seized in a drug raid.

Town Manager, Gerald Spates informed Council that EBI Consulting firm is preparing an environmental review on behalf of Cingular Wireless for a telecommunication tower located on Landing Road in Prince Edward County.The proposed tower will be located off Route 15 in Prince Edward County and requires no action by Council.

On motion by Mr. Whitus, seconded by Mr. Hunter and with a recorded vote with Council members Whitus, Hunter, Nase, Horton, Overton, Reid and Lafoon voting aye, Council granted Town Manager Gerald Spatesrequest to purchase a 1990 Chevrolet ¾ ton Service Body with an auto crane from Henrico County.The cost of the vehicle is $2,500.

7 Council member Nase thanked Town Manager Gerald Spates on behalf of the residents by the Southgate Shopping Center for having the trash behind the stores cleaned up.

7 The Public Works department will be working on the traffic light at Fourth Street in front of the Baptist Church.They will be moving the stop bar back, which should help people see the two lights.

7 The Virginia Department of Transportation will be in town sometime next week to program the walk cycles with the green lights.The Town has already installed the Yield to Pedestrians in Crosswalks signs.

7 The Town will start to lightlyenforce the cemetery ordinance Council had previously passed.

On motion by Mr. Whitus, seconded by Mr. Horton and with all Council members voting aye, the meeting was adjourned.