WARSAW TOWN COUNCIL REGULAR MEETING COUNCIL CHAMBERS - 78 BELLEVILLE LANE August 12, 2010 7:00 P.M. Mayor R. Wayne Williams called the meeting to order on August 12, 2010 at 7:00 P.M. in Council Chambers located at 78 Belleville Lane. Council members present were R. Wayne Williams, Paul G. Yackel, Ralph W. Self, Mark E. Milstead, and Carol M. Smith. Town staff present was John M. Slusser, Sergeant W. Russell Baughan, Linda S. Holsinger, and Susan M. Pemberton. Also present was William L. Lewis, Town Attorney and Lee Francis, reporter for the Northern Neck News. Eighty two people from the public signed in. MINUTES/July 2010 Councilman Yackel made the motion to accept the July 8, 2010 minutes as presented. Councilman Self seconded the motion and it was carried with the following votes: FINANCIAL REPORT/July 2010 Councilman Self made the motion to approve the July 2010 Financial Report as presented. Councilman Milstead seconded the motion and it was carried with these votes: MAYOR S REPORT The Mayor stated that Rudolph M. Mac Lowery has given his resignation from his position on Warsaw Town Council and Warsaw Planning Commission. He also reminds Council that the Richmond County Fair will start on August 24 th. Page 1 of 9
MANAGER S REPORT Update on Economic Development Committee The Town Manager told Council that the committee had a meeting Tuesday and they are organizing by laws and board of directors. They are in a stage organizing Main Street Committee and the next meeting is scheduled for August 31, 2010. Update on Main Street Improvements John Slusser, Town Manager stated that he would like to run an ad for bids to clean the back lot where it was overgrown. Then look into a park or playground and then come back to council with some numbers to have this done. Councilman Milstead made the motion to approve an ad to be run for bids to clean off the back lot. Councilman Yackel seconded the motion and it was carried with these votes: WWTP Progress The Town Manager reported the plant is 96% of completion and should be running by next month. John M. Slusser reads the following to council and public: Inasmuch as there seems to be considerable controversy regarding a meeting that was held following the vote not to reappoint DeWitt Cooper as Chief of Police for the Town of Warsaw it is important to outline the following facts. The Town has been accused by some of conducting a secret meeting regarding discussions with Paul Israel. While it is true that the meeting was not announced publicly, it was not secret. The Virginia Freedom of Information Act requires meetings to be announced to the Public when there are more than two Council members present. The fact is that only two council members were present, the Mayor, Wayne Williams and the then Chairman of the Personnel Committee, Mac Lowery as well as the Town Manager. No Virginia municipality that I am aware of advertises meetings that do not meet the Freedom of Information Act criteria. There are many meetings every week that are not announced in every jurisdiction in the State for a variety of purposes. That does not make the meetings clandestine or secret. I am sure the critics of the Town will claim that by virtue of the fact that the meeting was held at the County Administration building that was an attempt to conceal. I would argue that the issue was not about concealing but rather about protecting an individual from being caught up in controversy who may not have any interest in the position at all. This was an exploratory discussion. The discussion involved a very volatile situation. It was controversial. I suggested that it be held at the County location for one reason and one reason only, to protect the potential candidate from being affected by the controversy. A meeting at the Town Office would have resulted in rumors and innuendo. It was not right, in my opinion, to involve someone in controversy that was meeting to discuss a potential interim position, particularly if they had no interest. That was to be determined at the meeting. Inasmuch as an exigency situation existed the concern was to move with dispatch. Ultimately, any person hired would have to be appointed by Council and would be discussed in open forum. Page 2 of 9
Discussions were held, no salary was discussed but candidate availability was. A second discussion was scheduled to conduct further discussions on the interim Chief Position. Filling the position was a concern of many people including those that spoke at the July 28, 2010 meeting. Town Council shared that concern. However, discussions with the Town Attorney Bill Lewis caused the subsequent meeting to be cancelled. It was decided that in light of the controversy the appropriate course of action would be to advertise the position. Therefore, the subsequent meeting with Mr. Israel was canceled and the position was subsequently advertised. So in spite of the fact that the Town was in an exigency situation and initially desired to consider the immediate hiring of an Interim Police Chief it was decided to advertise the position. Whether or not one considers the Town to have interviewed Paul Israel, it was not for the permanent position of Chief of Police. The position discussed was for the interim Chief of Police position due to exigency circumstances. After deliberation, it was decided not pursue the interim hire without first advertising the position. No discussions or interviews were ever held concerning the permanent Chief of Police position. POLICE REPORT For the month of July, Sergeant Baughan reported that they are working with Richmond County on Richmond County Fair which is at the end of this month and Warsawfest first part of October. Also has talked to Sheriff Bryant on working town during daylight hours and then the Town of Warsaw police officers are covering from 4pm to 2 am. Any questions on the Police Report in your council package I will be glad to answer. NORTHERN NECK REGIONAL JAIL REPORT Mayor Williams stated that the Northern Neck Regional Jail report was in Council s packet and the complete copy is on file at the town office for review. Page 3 of 9
TOWN ATTORNEY RECODIFICATION William L. Lewis, Town Attorney has talked to American Legal and should have something by September 1, 2010 no later then October 1, 2010 and have in place. Also knowing the DMO needed to be considered but this is more complex of a project when doing the recodification and not appropriate to do at this time. WARSAW PLANNING COMMISSION REPORT Chairman Lloyd reported for the Planning Commission stated that the last meeting they talked about ordinance changes for neon signs. Some new businesses have signs already like this and this is something in the future. Rudolph M. Mac Lowery s position on Warsaw Planning Commission needs to be filled after resignation was given. COMMITTEE REPORT Ordinance Committee Paul G. Yackel, Chairman of Ordinance Committee reported there was a meeting on July 13, 2010 which was originally scheduled to set an interest rate per annum for past due customers for their Business License. The recommendation was made to Council to have the recodification done and to update DMO. UNFINISHED BUSINESS- Personnel Manual Mayor Williams has referred to personnel committee. Page 4 of 9
NEW BUSINESS VDOT - SEAN TRAPANI Sean Trapani with VDOT received a letter from John Slusser regarding intersection at 360 and Main Street. They have looked at this intersection and there are 12,000 vehicles a day not including week-ends or summer traffic. Looking at pedestrian issues there are no curbs or sidewalks for a crosswalk. Mr. Trapani suggested a master plan for pedestrian and VDOT could help guide with site plans and to explore funding. At this time VDOT could modify signal or redesign. Mr. Trapani left reading materials for John Slusser, Town Manger to review and explore possibilities for the town. Christina Powers asked Sean Trapani what can we do now. Could there be a delay on lights? Mr. Trapani doesn t recommend delay and the town needs to come up with a plan of what they want to do. Cindy Lloyd asked Mr. Trapani is there any other town that has intersection like this one in town to see as a model. He state the Town of Kilmarock would be a good example of the same type of intersection. RICHMOND CRIME STOPPER ORGANIZATION There is a letter in council packets from Richmond County Crime Stoppers, Inc. requesting funds for their annual fund raising drive. Mayor Williams refers to Finance Committee to review. RITE AID REAPPROVE FINAL SITE PLAN PREVIOUSLY APPROVED 12/31/07 John M. Slusser, Town Manager reported Rite-Aid building a new building between Hardees and Peoples Bank. He recommends for reapprove Final Site Plan. Councilman Yackel made the motion to reapprove Final Site Plan for Rite Aid. Councilman Milstead seconded the motion and it was carried with these votes: Page 5 of 9
AUDIO SYSTEM CONFERENCE ROOM Parr s Audio had given a bid of $4,500 for the audio system in the conference room. We changed a few things on this and it may be a little different. John M. Slusser, Town Manager recommendation to use last fiscal year surplus and pay out of the general fund since it was a non-budgeted item. Councilman Milstead made the motion to pay out of the general fund from last years surplus. Councilman Smith seconded the motion and it was carried with these votes: COUNCIL VACANCY Councilman Yackel made the motion to place ad in paper for 2 weeks and then council selects from the qualified candidates. Councilman Self seconded the motion and it was carried with these votes: COMMENTS FROM PUBLIC Winter Powers introduced himself and state the meaning of corruption is to change from good to bad. Let me clarify my personal options Right to Freedom of Speech and to make a motion hiring and firing out of hands of council. Good faith does matter. Darleen Nichols introduces herself and states she is here I believe the town has lost faith in the council. Concerned Citizens of Warsaw (CCW) actions that can be done are to amend charter to permit recall also can go to court for removal and testify they are unfit to be on council. Tonight I have documents that are being requested Freedom Act. Virginia Fitch asked Mr. Slusser about the contractor comment earlier put one man off and hire another. Chief Cooper no longer employed by the Town and the town lost monies since his cases were thrown out. Council should be serving the people or be gone. William Lewis, Town Attorney explains public comments are to express concerns and council to listen and this is not a discussion meeting. Joseph Gaines states that in general the public should come and ask questions and they should get answers. They serve the wishes of the people. Page 6 of 9
Sedonia Wilson introduces herself and being a resident for 58 years and some of the council I know and some never stop to speak you need to get to know the people of the town. Five years ago I had some property stolen and no one could help me other then Chief Cooper took his time and helped me. I was able to get a theft warrant and no one else gave her the time of day. Cindy Lloyd stated it was so extremely sad no one voted as it was not in the newspaper or on the radio. I wrote a letter to the editor and it was not published. Gloria Murphy-Thomas made a suggestion to council to hold a special meeting and to be able to answer the people s questions. Reggie Brann introduces himself and thanks council for the job they do. He refers to being User Friendly. Are we a User Friendly Town and what are we doing to do so? I felt better with Chief Cooper, Jennifer and Russell they are user friendly and all work together. Helping each other out and be neighborly. Billy Herbert says it was nice to see this crowd and thanks the council for serving the town. That is why I elected you and I also sent a letter to editor and it was not published. Northern Neck News usually did a profile on running council members and I feel the local paper and radio have let us down. I liked Chief Cooper and have not been involved and do not have the inside scoop but I look forward to working with you the council in the future. Joseph Gaines stated I would love to open business in Warsaw and I was proud to tell people I was born in Warsaw. Decision 5/3 Chief Cooper could not have done so much wrong people don t know why he was fired. One day we will find out! Truthfulness is what we look for. John Haynes introduces himself as a property owner in Warsaw stated wasn t upset about the denied meeting. Chief Cooper has gotten a lawyer and could get a huge settlement and my question is does the Town have any insurance to protect the towns assets if this were to happen. John Slusser states that yes we are insured and by VML. Shirley Clark states that the people want to know why Cooper was dismissed. She states she was a widow lady and she had never meet perfect gentleman, professional and kind person as Chief Cooper. He would come to the house when I was scared and go thru room by room to make sure everything was o k. I think if we just knew one reason or idea of what he did to not get reappointed. I feel we are all upset we don t know why and some facts sure would help. Mayor Williams by law we are restricted not to say anything. We can not say a thing we are the employer. Christina Powers stated this is great all people getting involved and working together. Page 7 of 9
Andrew Haley wants to know who to go to get answers about why Chief Cooper was let go. Joshua Haley says he has been in Warsaw for 4 years and is upset about Chief Cooper that he was a good and friendly man. I can understand your pain he said. Also John Slusser they have great faith in you. Andrew Haley wants to know who he can go to see why Cooper was dismissed. Councilman Milstead states it is a personnel issue and not appropriate to talk about town employees. Maybe you try to talk to Cooper first. COUNCIL COMMENTS Councilman Self introduces himself as newly elected council member. I want to do what is right and what has happened to Cooper is why you have filled the room today and last week. Everyone give us a chance to start over again and get it right with you. CouncilmanYackel brought to everyone s attention the loss of a dear friend Francene Barber. He would like the Town to present a Resolution to a family member in honor of all that Francene Barber has done for the community at the next regular council meeting. Councilman Yackel made the motion to present a Resolution in honor of Francene Barber. Councilman Milstead seconded the motion and it was carried with these votes: Councilman Smith introduces herself as a new member of council and she thinks it is great that everyone is here. Councilman Milstead states that John Slusser is a town employee and the council made the decision not to reappoint Chief Cooper. He stated he would still vote the same way he did he thought it was the best interest of the Town of Warsaw. The mayor spends a lot of time working for the town as the mayor. John Slusser, Town Manager during this last 6 weeks no one has come to visit or talk to me. I would welcome the opportunity to talk to anyone about issues about the town. Page 8 of 9
Mayor asked Councilman Self to serve temporary on Planning Commission and Councilman Self agreed. Mayor asked Councilman Smith to serve temporary on Personnel Committee and Councilman Smith agreed. Mayor Williams calls for a special meeting on Thursday, August 26, 2010 at 7pm in the Town Office to consider recommendations of the Personnel Committee and the hiring of an Interim Police Chief. ADJOURNMENT There being no further business, the meeting was adjourned. Susan M. Pemberton, Clerk of Council Page 9 of 9