February 12, 2002

Mayor Keith W. Clarke called the regular meeting of the Lawrenceville Town Council to order at 7:30 p.m. on February 12, 2002 with the following present:

Mayor Keith W. Clarke; Council members: Joyce D. Bland, Wilbur Hardy, John J. Miller, Jr., Michael F. Moorman and Robert F. Pecht, III; Town Attorney, W. C. Outten, Jr.; Town Manager, C. J. Dean; Planning Commission members: Cynthia Pecht, Cheryl Robertson, Woodrow Packer and William Samford; Dustin Mills, representing Regency Development Associates, Inc.; Town Clerk, Alice B. Talbert; citizens and the press.

Absent: Council members, H. B. Brockwell, Jr. and William E. James.

Mr. Hardy opened the meeting with prayer.

Roll was called.

A motion was made by Mr. Hardy to approve the minutes of the previous meeting as received, suspend the reading and file. This was seconded by Mr. Moorman and carried by all ayes.

JOINT PUBLIC HEARING – REZONING

Mayor Clarke stated that this time had been called for a joint public hearing with the Planning Commission and declared the public hearing open. The purpose of the hearing was to receive public comment on Regency Associates’ request to rezone from R-1 to R-3 a property where 32 unit apartments are proposed. The second item was a petition to close an unopened portion of Grove Ave. and to close two unnamed alleys on this property. Mayor Clarke stated that each person wishing to speak will be granted 5 minutes and after everyone has finished, additional time for more questions will be given. Mayor Clarke explained that after the Public Hearing, the Planning Commission would meet separate from Council and come back with a recommendation. Council would have three choices; they can accept the recommendation of the Planning Commission, reject the recommendation or table the matter until the next Council meeting. On the alley closing, after the Public Hearing a viewing committee consisting of three private citizens will be appointed to look at the property and come back to Council with a recommendation.

Dustin Mills, representing Regency Associates, gave an overview of the proposed apartments. He stated there would be 32 multi-family units for senior citizens age 55 and over. No additional units would be allowed later and no children would be allowed to live there. Mr. Mills was asked questions by Council concerning the cost of renting and the how tenants eligibility was determined. Mr. Mills asked if the Planning Commission came back without a recommendation, could the matter be tabled until the next meeting so that any questions they may have could be addressed.

Marion Peebles of 1016 Grove Ave. stated that he represented the citizens present in stating that they were concerned with the additional traffic, noise and property values going down. He requested that the R-1 zoning remain.

Mr. Dean reported that he had received a letter from Dennis LeBlanc, the town’s code enforcer, recommending that the zoning be changed to allow for the apartments. Mr. Dean had also received phone calls from Irvin Scherr and David Crichton, both in favor of the apartments. Mr. Moorman asked who these two were and was told they both owned part of the property being sold for the apartments and did not live in town.

Mrs. Bland asked if all the citizens present opposed the rezoning. All the citizens present were opposed. Mr. Moorman then asked for all in favor to stand. Mr. Mills was the only person to stand.

As no one else asked to be heard, a motion was made by Mr. Moorman and seconded by Mr. Hardy to close the Public Hearing. This motion carried by all ayes. The Planning Commission left to discuss the matter.

HOUSING CODE REPORT

Council members had copies of the Housing Code Report in their packets.

APPLICATION TO VIRGINIA RESOURCES

Mr. Pecht stated that the water/wastewater and finance committees had met before Council to discuss capital project needs in our water/sewer system. Virginia Resources provides tax free bonds for these type projects. Mr. Dean was asked to provide Council with the revised list of projects. Mr. Pecht made a motion to approve Mr. Dean making an application for one million one hundred thousand dollars plus issuing cost on a 25 year loan. Mr. Moorman seconded this motion. Voting aye: Hardy, Miller, Moorman and Pecht. Mr. Pecht stated that we could adopt a Resolution allowing us to go ahead with some of the projects and repay ourselves with the loan money.

Mr. Pecht stated that we are currently running about $45,000 ahead of last year and asked everyone to look closely at the budget.

Fire report is in the packets.

DIRECTOR OF PUBLIC WORKS

Mr. Miller reported that Randy Lynch has been hired as Director of Public Works and will start work tomorrow, 2/13/02.

Mr. Hardy reported that Officer Smith had attended Breath Alcohol Operators School in Richmond and is now certified to run breath alcohol tests.

Mr. Pond reported that Mr. Brockwell had ungone knee replacement surgery in Emporia today.

CEMETERY GRASS CUTTING

In Mrs. Bland’s absence with the Planning Commission, Mr. Pecht made a motion to approve the payment of $2,645.06 from the perpetual care funds to reimburse the Town for grass cutting. This was seconded by Mr. Miller and carried by all ayes.

Airport report from operator in the packets.

PAYMENT OF BILLS

A motion was made by Mr. Hardy and seconded by Mr. Moorman to pay the bills in the amount of $55,756.90 and charge to the proper accounts. This carried by all ayes.

ARTBANK GRANT

Mayor Clarke reported that we had received an application from the ArtBank to again apply for a matching fund grant as we have done the last couple years. A motion was made by Mr. Miller and seconded by Mr. Pecht to apply for a matching grant in the amount of $500.00. This carried by all ayes.

GOODRICH/DAVENPORT GRANT - RESOLUTIONS

Mr. Clarke stated that Council needed to adopt several resolutions for the Goodrich/Davenport Grant. Mr. Outten stated that these resolutions were in order and needed to be adopted to continue with the Grant process. Mr. Moorman made a motion to adopt the Local Business and Employment Plan, Non-Discrimination Policy, Grievance Procedure, Residential Anti-Displacement and Relocation Assistance Plan and Fair Housing Certification as provided. Mr. Hardy seconded this motion and it carried by all ayes.

RECOMMENDATION FOR REZONING

The Planning Commission returned; Mr. Dean handed Mayor Clarke the recommendation for the rezoning request. Mayor Clarke read the recommendation, which stated: The Lawrenceville Planning Commission recommended the rezoning request from R-1 to R-3 be denied by a vote of 5 to 0. Mayor Clarke thanked the Planning Commission for their hard work.

Mayor Clarke stated that Council has the final decision. A motion was made by Mr. Moorman to accept the recommendation of the Planning Commission and to deny the request to rezone from R-1 to R-3. This was seconded by Mr. Miller and carried by the following voting aye: Bland, Hardy, Miller, Moorman and Pecht.

Mr. Dean stated that he had received a letter from Lawrenceville Manor Apartments requesting a letter of support for them to apply for tax credits to upgrade their apartment complex. After a discussion, Mr. Moorman asked that the matter be tabled until the March meeting.

Mr. Dean reported that the sewer contract for Brick & Tile had been tentatively awarded by the IDA to F. L. Showalter as the low bid.

VEPGA

Mr. Dean reported that he had received a letter from VML asking the Town to join VEPGA which is replacing VML/VACO Virginia Power Steering Committee. An ordinance will need to be adopted in order to join. After a discussion, a motion was made by Mr. Miller authorizing Mr. Dean to advertise for a Public Hearing at the March meeting. This motion was seconded by Mr. Moorman and carried by all ayes.

ADJOURNMENT

There being no further business, a motion was made by Mr. Miller and seconded by Mr. Moorman to adjourn. This motion carried by all ayes.

____________________Mayor

_____________________Attest