2/2/10 Town Council Agenda

8/9/2019 2/2/10 Town Council Agenda

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AGENDAASHLAND TOWN COUNCIL

FEBRUARY 2, 2010 7:00 p.m.

OPENING

Invocation The Reverend Kathy Reinger, Ashland Christian ChurchPledge of AllegianceAdoption of AgendaAnnouncement of Council Business

PRESENTATION

1. CSX Presentation*

CITIZEN INPUT

ACTION AGENDA

1. Personal Property Tax Abatements (Mr. Mitchell).Page 12. Henry Clay Road Resolution to Accept Easements (Mr. Davis)Page 2

DISCUSSION

NEW BUSINESS

Mayors ReportCouncil Members ReportsCommittee Reports

AppointmentsEDA (2)BZA (1)

FOR YOUR INFORMATION

MANAGEMENT REPORTS

Town Manager Page 16Police Department* (available at February 16th meeting)Public Works ..Page 17Planning and Community Development..Page 22

Treasurer..Page 25

ADJOURNMENT

*No attached material


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SCHEDULE OF MEETINGS

All meetings are at Town Hall unless otherwise indicated

February 2010

Town Council Feb 2, 7:00 pm

Town Council Feb 16, 7:00 pm

Planning Commission Feb 17, 7:00 pm

Ashland Main Street Assoc. Feb 17, 5:30 pm

EDA Feb 25, 6:30 pmJoint work session Feb 25, 6:00 pm(Town Council/Planning Commission


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ACTION AGENDA

ITEM #1

TO: Ashland Town Council

FROM: Harold W. Mitchell, Treasurer

RE: Personal Property Tax Abatements for Years 2002 through 2004

Council abatements are requested for the attached listing of non-

collectable Personal Property Taxes totaling $24,145.88 for the

years of 2002 through 2004. The statute of limitations has

expired on these. We have tried to collect these delinquent

taxes through Set-Off-Debt, DMV stops and garnishing their wages.

MOTION

APPROVE: I move to approve the personal property tax abatements

for years 2002 through 2004.

DENY: I deny approval of the request for abatement of personal

property taxes for years 2002 through 2004.

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ACTION AGENDA

Item 2 - Henry Clay Road Resolution to Accept Easements

In order to accomplish the Henry Clay Road reconstruction, several easements wereneeded from property owners. The Town initially obtained letters of permission from theowners, with the deeds and plats to follow. The easement deeds and plats have beencompleted (attached) and signed by the majority of the property owners. According tostate code, the Town Council needs to accept the conveyances by resolution. Separateresolutions are attached for each parcel for which we have obtained property ownersignatures.

It is recommended that Council adopt the Resolutions accepting conveyance of theeasements and authorizing the Mayor to execute the deeds on behalf of the Town.

MOTION

APPROVE: I move approval of the resolutions accepting conveyance of the easementsand authorize the Mayor to execute the deeds on behalf of the Town for the Henry ClayRoad reconstruction project.

DENY: I deny approval of the request for adoption of the resolutions as presented.

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Resolution

WHEREAS, several owners of properties along and adjacent to HenryClay Road in the Town of Ashland have agreed to dedicate deeds of easement tothe Town of Ashland, said dedications being necessary for the construction ofpublic improvements known as the Henry Clay Road Improvement Project; and

WHEREAS, 15.2-1803 of the Code of Virginia permits the Town ofAshland to accept such deeds, when in a form approved by the Town Attorney,such acceptance by the Town to be shown on the deed by signature of a personauthorized to act on behalf of the Town; and

WHEREAS, the Town Attorney has approved the form of the Deeds asattached hereto; and

NOW, THEREFORE, BE IT RESOLVED, that the Town of Ashlandaccepts such Deeds, and be it

FURTHER RESOLVED, that Faye O. Prichard, Mayor of the Town ofAshland, be and hereby is authorized to execute the Deeds, and to acknowledgeacceptance of the Deeds by the Town of Ashland, and to execute all documentsand take any further action necessary to accomplish the conveyance described inthe Deeds.

Datedthis 2nd day of February, 2010.

______________________________________Faye O. Prichard, Mayor

MAD 01/29/10

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Deed of Easement

THIS DEED 0F EASEMENT, made this _____ day of , by

and between Dale Andrew and Marcia Hill, Grantor, and TOWN OF ASHLAND, VIRGINIA, Grantee.

W I T N E S S E T H:

That for an in consideration of the sum of ONE DOLLAR, ($1.00), the benefits the Grantor may

derive there from, and other valuable considerations, the Grantor does hereby grant and convey unto the

Grantee, its successors or assigns with General Warranty and English Covenants of Title, the following

described easement, to-wit:

The permanent right, privilege and easement of right of way to constructand maintain sidewalk (Facilities) over, through and across the property ofthe Grantor, the permanent area of said easement of right of way more

particularly described as Permanent Easement Area on the Plat entitled"Map Showing Parcel of Land Containing 87 Square Feet of PropertyBeing the Proposed Easement to be Dedicated to the Town of Ashland"dated November 20, 2008, prepared by Halder Surveys and recorded inthe Clerk's Office of the Circuit Court of Hanover County in Plat Book

page (the "Plat") along with the right,privilege and temporary easement of right of way to use the property of theGrantor, while constructing the Facilities.

1. All Facilities installed or constructed by or on behalf of Grantee shall be and remain theproperty of Grantee. No additional charge shall at any time be made for the property used oroccupied by Grantee and Grantee shall have all rights and privileges reasonably necessary for the

use of the easement.

2. Grantee shall have the right of ingress to and egress from the easement over the property ofGrantor which lies between public or private roads and the easement for the purpose of inspecting,maintaining, repairing, replacing, or operating its Facilities.Ifin the exercise of the right of ingress and egress, damage is done to Grantor's property outside theboundaries of the easement, and Grantor gives written notice within 180 days of such damage,Grantee shall, at its option either repair the damage or pay to Grantor the reasonable cost to repairdamage.

3. Grantee shall have the right to relocate its Facilities within the easement, and to makeadditions, extensions, alterations, or substitutions thereto including the right to install additional

Facilities in the easement, as Grantee may from time to time deem advisable or expedient.

4. Grantee shall have the right to alter or remove any structures or obstructions, natural orartificial, in the easement which it deems to interfere in any way with the property and efficientconstruction, operation, replacement, or maintenance of its Facilities in the easement. Grantee, atits own expense, shall restore, as nearly as possible, the premises to their condition as existing onthe date of this deed. Restoration shall include the removal of all debris and trash, the backfillingand compaction of trenches, the replacement of fences, the replacement of topsoil, and thereseeding of lawns or pasture areas. Restoration shall not include the replacement of structures,trees, shrubbery, landscaping or other facilities located within the easements.

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5. Grantor reserves the right to use the easement in a manner not inconsistent with the rightsherein conveyed, or which does not interfere with or endanger the Facilities of Grantee; however,Grantor shall not erect any buildings or other structures, except fences, within the permanenteasement without obtaining the prior written approval of Grantee.

6. This deed covers all the agreements between the parties and no representations or statements,verbal or written, have been made which modify, add to, or change the terms of this deed.

WITNESS the following signature and seal:

(SEAL)

______________________________(Type or Print Name)

STATE OF VIRGINIA

CITY OR COUNTY OF , to-wit:

The foregoing deed was acknowledged before me by ___________________________(Name)

this_______ day of __________________, by:

My Commission Expires: .

Notary PublicAccepted:

Town of Ashland

Mayor

Authority Town Council Resolution of ________________

Approved as to Form:

Town Attorney

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Deed of Easement


and between Linda L. McGrew, Grantor, and TOWN OF ASHLAND, VIRGINIA, Grantee.


That for an in consideration of the sum of ONE DOLLAR, ($1.00), the benefits the Grantor mayderive there from, and other valuable considerations, the Grantor does hereby grant and convey unto the

Grantee, its successors or assigns with General Warranty and English Covenants of Title, the following


The permanent right, privilege and easement of right of way to construct

and maintain sidewalk (Facilities) over, through and across the property of

the Grantor, the permanent area of said easement of right of way more

particularly described as Permanent Easement Area on the Plat entitled

"Map Showing Parcel of Land Containing 70 Square Feet of Property

Being the Proposed Easement to be Dedicated to the Town of Ashland"

dated November 20, 2008, prepared by Halder Surveys and recorded in

the Clerk's Office of the Circuit Court of Hanover County in Plat Book

page (the "Plat") along with the right,

privilege and temporary easement of right of way to use the property of the

Grantor, while constructing the Facilities.

1. All Facilities installed or constructed by or on behalf of Grantee shall be and remain theproperty of Grantee. No additional charge shall at any time be made for the property used or

occupied by Grantee and Grantee shall have all rights and privileges reasonably necessary for the


2. Grantee shall have the right of ingress to and egress from the easement over the property ofGrantor which lies between public or private roads and the easement for the purpose of inspecting,

maintaining, repairing, replacing, or operating its Facilities.

Ifin the exercise of the right of ingress and egress, damage is done to Grantor's property outside theboundaries of the easement, and Grantor gives written notice within 180 days of such damage,

Grantee shall, at its option either repair the damage or pay to Grantor the reasonable cost to repair

damage.



4. Grantee shall have the right to alter or remove any structures or obstructions, natural orartificial, in the easement which it deems to interfere in any way with the property and efficient

construction, operation, replacement, or maintenance of its Facilities in the easement. Grantee, at

its own expense, shall restore, as nearly as possible, the premises to their condition as existing on

the date of this deed. Restoration shall include the removal of all debris and trash, the backfilling

and compaction of trenches, the replacement of fences, the replacement of topsoil, and the

reseeding of lawns or pasture areas. Restoration shall not include the replacement of structures,

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trees, shrubbery, landscaping or other facilities located within the easements.

5. Grantor reserves the right to use the easement in a manner not inconsistent with the rightsherein conveyed, or which does not interfere with or endanger the Facilities of Grantee; however,

Grantor shall not erect any buildings or other structures, except fences, within the permanent

easement without obtaining the prior written approval of Grantee.



(SEAL)

______________________________

(Type or Print Name)

STATE OF VIRGINIA


The foregoing deed was acknowledged before me by ___________________________

(Name)

this_______ day of _________________, by:


Notary Public

Accepted:

Town of Ashland

Mayor



Town Attorney

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Deed of Easement


and between Barnett Systems, Inc., Grantor, and TOWN OF ASHLAND, VIRGINIA, Grantee.



derive there from, and other valuable considerations, the Grantor does hereby grant and convey unto theGrantee, its successors or assigns with General Warranty and English Covenants of Title, the following



and maintain sidewalk (Facilities) over, through and across the property of













2. Grantee shall have the right of ingress to and egress from the easement over the property ofGrantor which lies between public or private roads and the easement for the purpose of inspecting,maintaining, repairing, replacing, or operating its Facilities.



damage.










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(SEAL)

______________________________


STATE OF VIRGINIA



(Name)

this_____ day of _____________________, by:


Notary Public

Accepted:

Town of Ashland

Mayor



Town Attorney

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Deed of Easement


and between David R. and Wendy R. Mason, Grantor, and TOWN OF ASHLAND, VIRGINIA, Grantee.



derive there from, and other valuable considerations, the Grantor does hereby grant and convey unto theGrantee, its successors or assigns with General Warranty and English Covenants of Title, the following



and maintain drainage improvements including accessories and

appurtenances thereto (Facilities) over, through and across the property of













2. Grantee shall have the right of ingress to and egress from the easement over the property ofGrantor which lies between public or private roads and the easement for the purpose of inspecting,

maintaining, repairing, replacing, or operating its Facilities.



damage.









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(SEAL)

______________________________


STATE OF VIRGINIA



(Name)

this day of , by:


Notary Public

Accepted:

Town of Ashland

Mayor



Town Attorney

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Town Managers Report

February 2010

Projec ts/ Upd ates:

We a re follow ing seve ra l piec es of G ene ra l Assem bly legislation (approxima tely100 b ills) that m ay have an effec t on loc a l gove rnme nts. I will have seve ra l

upd ate s for you a t the Tow n Council meeting.

Sta ff has bee n wo rking on the FY11 bud get fo r the last severa l we eks and will

beg in sc hed uling w ork sessions with Tow n Co unc il in ab out a mo nth.

Tow n Sta ff is wo rking with the Ec ono mic Develop me nt Autho rity and other

orga niza tions on the Ec ono mic Deve lop me nt Stra teg y.

The Tow n Sta ff c ontinues to w ork with Hanove r County and othe r Richmond

Reg ion loc a l gove rnme nts on p rep a ra tions for the C ivil War Sesquicentenn ia l

from 2011-2015.

The Strawberry Fa ire C ommittee is still see king new volunteers for 2010 so tha tthose w ho have served loya lly for the last 28 yea rs c an retire .

Sta ff has rev iewed informa tion from VML/ VACO Financ e on GASB 45 retirem ent

benefits req uirem ents. We will ma ke a rec om mend ation as pa rt of the budg et

process.

REMINDERS:

Feb ruary 5 & 6, 7:00 PM Blac k History Event: We Were There: History throug h the Arts

Blackwell Auditorium at RMC.

Feb ruary 11 12:00 PM VML/ VACO Leg islative Day

Feb ruary 15 Presidents Day Town Offices c losed

Feb ruary 15-19 & 22-26 CSX co mp letes rail rep lac em ent wo rk on trac k 3 (western

trac k) from Gwa thmey Church Roa d to England Stree t.

CWH

1/29/10

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DEPARTMENT OF PUBLIC WORKSMANAGEMENT REPORT

January 2010

PERSONNEL

The Public Works department has 25 authorized positions. Two equipment operator positionsbecame vacant in March 2009, and will be left vacant through FY10. One other Street Crew

position is vacant effective July 1, 2009, resulting in three vacancies total. Two positions arefrozen for FY10; recruitment for one vacancy may commence later this year.

FIELD OPERATIONS

Street Crew

This month the Street Crew was involved with the following activities:

-leaf collection was the primary activity again this month (320 hours).

-brush collection, (40 loads, 400 hours).

-pothole patching with cold patch material (32 hours).-traffic signal calls (0).

-street sweeping (24 hours)

-drainage maintenance cleaning inlets (75 hours)

-repair and maintenance of street signs, painting curbs & trimming for sight distance

(272 hours).

-snow and ice removal (25 hours)

Buildings and Grounds Crew

The Buildings and Grounds crew focused on seasonal maintenance activities at all Townproperty, including the parks and Town buildings. Crew activities primarily included thefollowing: Clean up, painting and miscellaneous repairs at old fire station; install phone andcomputer cable in old fire station; misc. work around Town Hall; helped with staff moving intoold fire station and other moves within Town Hall. Hourly summary of activities was as follows:

Month (hours)-Cutting grass: 0-Landscaping Maintenance: 0-Building maintenance, cleaning: 256-Park Maintenance: 0

-Trash clean up: 0

Vehicle Maintenance

As part of their normal activities, the crew performed the following maintenance activities.

-Preventative Maintenance Orders: Month: 17-Repair Orders: Month: 24

In addition, repaired snow equipment from first major storm last month.

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Prepare cost estimate for N. Center Street trail/sidewalk for CIP.

3. Drainage

Mapping of entire drainage system: Field work and drawing preparation isprogressing.

Downtown drainage west side of railroad:o Collected field data and preliminary background.o Survey work completed by annual contractor.o Pipe flushing and TV inspection of system began in September.

Significant amounts of sediment have been removed. One blockage wasfound on Hanover Avenue, and that was repaired in early October 2009.Flushing of entire downtown system completed by end of October.

o Initial analysis of system and preliminary design completed. Detaileddrawings in progress in order to finalize design.

o Follow-up TV inspection is being scheduled for February, weather

permitting.

4. Residential Area Improvements

Henry Clay Road: miscellaneous follow-up work, acquiring easements.

5. Stormwater Management Mechumps Creek restoration project with RMC:

Survey has been completed. CAD drawings have been submitted and are being reviewed by Town and

RMC. Phase 1 construction details are being discussed.

BMP inspection and notification program begun in Feb. 08 continues and will beon-going.

Storm Water VSMP Phase II MS4 Permit: Continued to monitor status of regulatory changes. Revised regulations were

improved over draft regulations previously adopted. RMC intern worked with the Town for January term on education and

outreach materials to fulfill permit requirements.

6. Route 1/Route 54 Intersection

Provided feedback to VDOT as needed; monthly project status report from VDOTis attached.

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Virginia Department of TransportationRichmond District

2430 Pine Forest Drive

Colonial Heights, VA 23834

Project Management Office

Project Status Report

Date: January 22, 2010

Re: Project # 0001-166-V06 P101, R201, C501 UPC 13463

Project Information Roadway design has reached a point in design where the survey is needed to

move forward in design. There is no impact to the schedule at this time;however, this will be evaluated again once the survey is complete.

Scoping Report was re-submitted to the Assistant State Location & DesignEngineer for approval with updated budget information and traffic data; approvalis pending.

Held kickoff meeting with RK& K on December 2, 2009. Notice to Proceed wasissued on January 13, 2010.

Traffic Engineering is conducting a review of traffic data information to determineturn lane storage lengths; completion is pending.

Survey has not been completed to date; survey was delayed due to beingassigned to higher priority. Property owner notifications have been sent out;actual surveying should begin no later than the first week in February.

Project ScheduleMajor Milestones

Milestone/Approval Date

PFI Meeting 5/12/2010PH Date 01/06/2011Design Approval 03/03/2011

FI Meeting 9/14/2011RW NTP 2/13/2012PAC Meeting 12/12/2012Advertisement 06/10/2013

A public hearing has been allowed for in the draft project schedule; if at a laterdate it is determined that the public hearing is not necessary and Willingness willsuffice, the AD date may be reduced by 1-2 months.

* No changes since December.

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Project Estimate/Budget The PE estimate has been updated to include consultant costs. Below is

a breakdown of costs.

o The PE estimate developed at Scoping in May 2008 -$356,798

o Updated VDOT manpower estimate in September 2009 -$575,612*

o Consultant Services -$ 74,895

o VDOT Oversight for Hydraulics -$ 7,500

o Expenditures -$111,200

o Total PE Estimate -$608,097**

*Number includes approximately $50,090 estimated to cover consultant services &VDOT oversight.**Number includes expenditures.

Factors causing increased cost to PE

o Original estimate was almost two years old.

o Roadway design and signal design had to start over from scratch.

o Consultant Services for hydraulic design.

o There is an error in the survey elevations that has to be corrected.

Based on the allocations (including anticipated funding from 8652 &14561), the shortfall is $1,313,962.

Project Risks Known hazardous materials contaminated sites.

Funding

Potential for future resource reductions

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January

2010

January

2009

Year To

Date Total

Total This

Point Last

Year

Development:

Site Plan Reviews 2 2 1 2

Rezoning Requests 0 0 0 0

Conditional Use Permit Requests 0 0 0 0

Board of Zoning Appeals Variance/Appeals

Requests

0 0 0 0

Subdivisions 1 0 1 0

Enforcement:

Sign Violations 13 28 13 28

Zoning Investigations 9 18 9 18

Administration:

Pre-Application Conferences 2 2 1 1

Zoning-Planning Inquiries 197 234 197 234

Building Permits 4 10 4 10

Occupancy Certificates 1 7 1 7Sign Permits 3 2 3 2

Business License review 0 2 0 2

T o w n o f A s h l a n d

January 2010 Management Report

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2

UPCOMING MEETINGS:

Town Council

March 2, 2010

East Ashland Rezoning and Conditional Use Permit requests.

Ordinance PL2009-09 Setbacks in Planned DevelopmentsPlanning Commission

February 17, 2010

Capital Improvements Program

Cottage Green - Subdivision request to create townhouse lots. Previous approval was to allow

condominium construction.

Misc. Ordinance amendments Public hearing, as requested by Council.

March 10, 2010

Carters Hill, Section 2 Rezoning from RR-1 & R-1 to R-2, and preliminary subdivision plat

approval for 30 lots.

Board of Zoning Appeals

February 21, 2010

(no items scheduled for this meeting)

Ashland Main Street Association

February 17, 2010 - 5:30 p.m.

Economic Development AuthorityFebruary 25, 2010 - 6:30 p.m.

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DEVELOPMENT PLANS:

Plans under review

Ashland Towne Square Parking LotDrainage improvements

Carters Hill Subdivision, Section 2 East side of Chapman Street

Almost Approved

Project Grapevine - Hill Carter Parkway

Vista Environmental - Hill Carter Parkway

New Hotel Site N. Carter Road, at the old KFC site.

Turn Lane from Rt. 54 Westbound to I-95 Southbound As part of the proffered conditions

from Hickory Hill in Hanover County.

Wesley Street Sewer Replacement Hanover County Utilities

East Ashland Water/Sewer Plans

Heartland Subdivision N. James & N. Snead Streets

Approved

Sheehy Auto Sales Washington Hwy & Lakeridge Pkwy

Under Construction

Cottage Green Condominiums Cottage Green Drive

March Park - off Woodside Lane

Carters Hill Subdivision James and Chapman Streets

Produce Source Partners Office Distribution Center, Telcourt Road

YMCA Expansion Ashcake Road

Chenault Veterinary Hospital Hill Carter Pkwy. & Ashcake Road

Smith Street Relocation Randolph-Macon College

MISCELLANEOUS

Staff is working to schedule a joint work session with the Planning Commission and Town

Council regarding the East Ashland proposal.

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Documents

2/2/10 Town Council Agenda