AGENDA TOWN COUNCIL MEETING
HAMILTON, VA Monday, October 21, 2019
7:00pm
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. DETERMINATION OF QUORUM
V. PUBLIC COMMENT
The name and address of each speaker shall be provided and a speaking limit of three (3) minutes shall apply.
VI. GUESTSa. Community Safety Officer Report
VII. MONTHLY REPORTSa. Treasurer’s Report – September 2019, review/approval (pages 3-10)b. Utility Report – September 2019 (pages 11-18)c. Zoning Administrator/Planner Report – September 2019 (pages 19-20)
VIII. MINUTES-Review and Approvala. Town Council Pubic Hearing and Town Council Meeting -September 9, 2019
(pages 21-27)b. Town Council Special Meeting – September 18, 2019 (pages 28-30)
IX. MAYOR’S REPORTa. Discussion Item – Purchase of Chromebooks for meetings (updated costs)b. Christmas Luminaria Display – December 24, 2019c. Hamilton Day - Monday May 25, 2020
X. COMMITTEE REPORTSa. WATER AND SEWER COMMITTEEb. PARKS AND RECREATION COMMITTEEc. FINANCE COMMITTEEd. PUBLIC SAFETY, ZONING AND ENFORCEMENT COMMITTEEe. PERSONNEL COMMITTEEf. PLANNING COMMISSION-Next meeting November 20, 2019
XI. DISCUSSION ITEMS
XII. OLD BUSINESS
XIII. NEW BUSINESSa. Recognition of Donation – Holiday and American Flags (page 31)b. Town Code Violation – 306 E Colonial Hwy (pages 32-33)
i. Action Item Motion (page 34)
XIV. CLOSED SESSIONa. The Hamilton Town Council will convene a closed session to discuss the
following:i. Consultation with and the provision of legal advice by the Town
Attorney regarding the enforcement/collection of lease amounts, as authorized by Code of Virginia of 1950, as amended, Section 2.2-3711(A) (8); and
ii. Consultation with and the provision of legal advice by the Town Attorney regarding possible conversion/appropriation of utility system equipment, as authorized by Code of Virginia of 1950, as amended, Section 2.2-3711(A)(8); and
iii. Litigation titled, Bouman v. Town of Hamilton, Loudoun County Circuit Court Case Number 102460, as authorized by Code of Virginia of 1950, as amended, Section 2.2-3711 (A)(7)
1. Closed Session Motion (page 35)b. Resolution 2019-23 to Certify the Closed Session (page 36)
XV. ADJOURNMENT
Page 2
TO: Mayor Simpson and Members of the Hamilton Town Council
FROM: Tina Staples, Treasurer
DATE: October 21, 2019
SUBJECT: Treasurer’s Report to Council for September 2019
The September 2019 financials are attached for your review. This is the third month in the new fiscal
year. The revenues are coming in at approximately 11% higher than this time last year.
I would like to briefly go over the treasurer’s report format if there is not enough time for us to review
this at the meeting. The front page is a snapshot of the revenues. I’ve included all of the revenue
accounts from the General, Water and Sewer Funds; however, some may be combined. The columns
are labeled as year‐to‐date for September 2019 and year‐to‐date for September 2018. The percentages
are the difference between the FY19 and FY20 numbers. The CIP Fund is not included in the revenue
snapshot; however, the current status is listed in the budget to actual report.
The bottom of the page contains the cash balances. I’ve included the current month balances, along
with a comparison to last month and last year’s cash balances in September. There is also a summary of
the budget status by percentage as an overview. The second page depicts the revenue lines from the
front page into the General Fund, Water Fund and Sewer Fund sections in a graph format.
The third through the sixth pages are the budget to actual report. This section gives the exact detail for
every line item in the budget. The seventh (final) page are the checks written out this month. The listing
is provided in order of dollar amounts from low to high.
If you have any recommendations to improve the reports or would like to see more details for any
particular line item please feel free to reach out to me at [email protected] or (540) 338‐2811.
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TREASURER'S REPORT
TOWN OF HAMILTON
SEPTEMBER 2019
REVENUE SUMMARY
At the end of September 2019, we are 25% through the current budget year.
YTD SEPT 2019 YTD SEPT 2018 % YTD Difference Notes
*Real Estate Taxes $79 $42 88% * Includes fees/penalty's ‐ 2nd half due Dec 5th
Personal Property/License Fees $38,879 $32,535 19% Due Oct 5th
Sales Tax $13,383 $13,048 3%
Utility Tax $6,735 $6,782 ‐1%
Business License (BPOL) $120 $180 ‐33%
Zoning/Permits $1,560 $750 108%
Real Estate Rental Income $4,200 $11,700 ‐64%
*Interest Earned (All Funds) $11,667 $6,836 71% * Interest earned for all funds
Park Reservation Fees $750 $950 ‐21%
PPTRA Reimbursement $23,496 $23,496 0%
Miscellaneous Income $5,236 $122 4178%
* GF Miscellaneous Revenue Accounts $10,050 $10,100 0% * Includes gifts/donations/check fees/grant/PY
* Water User Fees $97,041 $83,085 17% * Includes fees/penalty's/cell tower leases
* Sewer User Fees $69,355 $64,884 7% * Includes fees/penalty's/surcharges/GP fee's
TOTALS $282,551 $254,511 11% Total Revenue Amount does not include the CIP Fund
Revenue & Expense Year‐to‐Date Budget Status:
REVENUE EXPENSES
GENERAL FUND 11% 12%
WATER FUND 11% 23%
SEWER FUND 12% 18%
CIP FUND 2% 4%
Cash Balances: Sept. 2019 Aug. 2019 Sept. 2018
Operating Account BB&T $85,629 $123,813 $62,031
Money Market BB&T $558,451 $707,959 $801,102
CD Accounts BB&T $521,002 $521,002 $513,807
CD Account ‐ Atlantic Union $166,644 $166,644 $164,167
CD Accounts ‐ United Bank $618,318 $618,318 $643,833
CD Account ‐ Bank of Charles Town $34,551 $34,355 N/A
Local Government Investment Pool $882,283 $880,697 $861,078
Restricted Cash Balances:
Fire Dept. Fund 31,015$ 21,015$ 21,013$
Park Fund BB&T 15,503$ 15,503$ 15,501$
Park Fund United 1,789$ 1,789$ 1,789$
Totals $2,915,185 $3,091,095 $3,084,322
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TOWN OF HAMILTON
YEAR‐TO‐DATE SUMMARY CHART
SEPTEMBER 2019
General Fund Water Fund Sewer Fund
Total
FY 18/19 $106,542 $83,085 $64,884 $254,511
FY 19/20 $116,155 $97,041 $69,355 $282,551
$9,612 $13,956 $4,471
$0
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000
$140,000
General Fund Water Fund Sewer Fund
FY 18/19FY 19/20
Page 5
TOWN OF HAMILTON
BUDGET TO ACTUAL
SEPTEMBER, 2019
Real Estate Taxes 232,807 ‐ ‐ 232,807 0% 2ND HALF DUE DEC. 5THPersonal Property Taxes 18,000 24,421 24,421 (6,421) 136% DUE OCT. 5THTax Penalty 1,000 ‐ ‐ 1,000 0%Tax Interest 200 54 79 121 40%Sales Tax 51,000 4,474 13,383 37,617 26%Utility Tax ‐ Dominion 14,000 1,100 3,334 10,666 24%Utility Tax ‐ Others 16,000 1,172 3,401 12,599 21%Other Business or Profession BPOL 20,000 ‐ 120 19,880 1%Motor Vehicle License Fee 12,000 14,458 14,458 (2,458) 120%Zoning & Subdivision Permits 2,000 75 1,560 440 78%Interest Earned 10,493 579 4,235 6,258 40%Real Estate Rental Income 46,800 1,400 4,200 42,600 9%Gifts & Donations ‐ Private Sources 500 ‐ ‐ 500 0%Park Reservation Fees 2,000 100 750 1,250 38%Litter Prevention Grant 1,000 ‐ ‐ 1,000 0%Misc. Income 500 2,657 5,236 (4,736) 1047%Returned Check Fees 200 ‐ 50 150 25%PPTRA Reimbursement 23,496 ‐ 23,496 0 100%Fire Programs Grant 10,000 10,000 10,000 ‐ 100%Prior FY Surplus 510,665 ‐ ‐ 510,665 0%
TOTAL GENERAL FUND REVENUE 972,661 60,490 108,723 863,938 11%
Mayor & Town Council Wages 22,200 4,957 4,964 17,236 22%FICA ‐ Mayor & Town Council 1,698 448 448 1,250 26%Pub Hearing‐Town Council 2,500 ‐ 618 1,882 25%Mayor & TC Discretionary Fund 999 ‐ 150 849 15%Membership Dues (TC) 512 ‐ ‐ 512 0%Town Clerk/Recorder 4,000 ‐ 540 3,460 14%Insurance ‐ Excess Liability 18,141 ‐ ‐ 18,141 0%Legal Services 89,000 3,200 16,355 72,645 18%Ordinance Codification 2,000 1,193 1,193 807 60%Bank Charges and Fees 2,000 350 659 1,341 33%Legal Publications 700 ‐ 702 (2) 100%Admin Staff Wages 20,433 1,865 6,300 14,133 31%FICA ‐ Admin Staff 1,678 143 490 1,188 29%Worker's Compensation‐Admin Staff 40 ‐ ‐ 40 0%Office Equip Maintenance 3,000 160 534 2,466 18%Printing 500 ‐ 162 338 32%Classified Advertising 200 ‐ ‐ 200 0%Internet Services/Web‐site 2,000 244 506 1,494 25%Postage 1,500 211 733 767 49%Telephone ‐ Admin 4,900 397 1,208 3,692 25%Admin Discretionary Fund 2,259 111 2,068 191 92%Election 2,200 ‐ ‐ 2,200 0%Gifts 1,750 ‐ ‐ 1,750 0%Office Supplies 1,200 99 687 513 57%Office Cleaning 200 17 17 183 9%Software 11,270 2,277 4,427 6,843 39%Office Equip & Furnishings 300 990 1,167 (867) 389% cell booster for office (unplanned expense)Computer Hardware 4,000 3,400 7,019 (3,019) 175% Additional IT expenseAudit 17,000 ‐ 2,500 14,500 15%Town Treasurer Wages 34,419 2,659 10,793 23,626 31%FICA ‐ Treasurer 2,557 203 883 1,674 35%Retirement‐Admin 8,214 857 3,777 4,437 46%Health Insurance ‐ Retiree 4,342 402 1,146 3,196 26%Health Insurance‐Admin 30,840 2,130 6,227 24,613 20%Worker's Compensation‐Treasurer 100 ‐ ‐ 100 0%Education/Mile Reimbursement ‐ Treasurer 400 ‐ ‐ 400 0%Membership Dues ‐ Treasurer 370 ‐ 160 210 43%Pub Hearing‐Budget 500 ‐ 486 14 97%Fire Department ‐ Donation 1,000 ‐ ‐ 1,000 0%Fire Dept Fund Transfer 31,014 10,000 10,000 21,014 32%Rescue Squad ‐ Donation 1,000 ‐ ‐ 1,000 0%Electric ‐ Street Lights 6,000 521 1,565 4,435 26%Trash/Recycling 46,000 3,778 11,335 34,665 25%Building/Grounds Maintenance 1,700 91 1,709 (9) 101% waiting on insurance reimbursementElectric ‐ Admin 3,000 233 663 2,337 22%Mowing 14,000 ‐ 5,670 8,330 41%Recreation & Activity 4,000 149 1,189 2,811 30%Planning Commission 6,200 325 650 5,550 10%BZA 275 ‐ ‐ 275 0%Zoning Administrator IC Fees 15,000 400 863 14,137 6%
Engineering Services 6,000 ‐ ‐ 6,000 0%
Planning Services (&Recorder) 1,400 ‐ 216 1,184 15%
Pub Hearing‐Plan Commission 600 ‐ ‐ 600 0%
ZA Cell Phone 400 55 159 241 40%
Water Management Wages 9,984 768 1,843 8,141 18%
FICA ‐ Water Management 764 59 141 623 18%
Waste Water Management Wages 9,984 768 1,843 8,141 18%
FICA ‐ Waste Water Management 764 59 141 623 18%Prior Year Surplus 513,654 ‐ ‐ 513,654 0%
TOTAL GENERAL FUND EXPENDITURES 972,661 43,519 114,906 857,755 12%
% OF BUDGET
TO ACTUAL TREASURER/COUNCIL COMMENTS
AS OF SEPTEMBER, 25% OF BUDGET YEAR
GENERAL FUND EXPENDITURES TOTAL BUDGET
CURRENT
PERIOD EXPENSE YTD VARIANCE
TREASURER/COUNCIL COMMENTS
AS OF SEPTEMBER, 25% OF BUDGET YEAR
GENERAL FUND REVENUE TOTAL BUDGET
CURRENT
PERIOD REVENUE YTD VARIANCE
% OF BUDGET
TO ACTUAL
Page 6
TOWN OF HAMILTON
BUDGET TO ACTUAL
SEPTEMBER, 2019
Interest Earned 11,203 751 2,848 8,355 25%
Cell Tower Antenna Leases 103,688 8,420 25,261 78,427 24%
Water User Fees 328,755 ‐ 44,714 284,041 14%
Late Payment Penalty 4,500 865 1,671 2,829 37%
Late Interest Penalty 800 114 271 529 34%
Water Surcharge ‐ VRA Bond 78,000 ‐ 13,224 64,776 17%
Connections ‐ ‐ 3,400 (3,400) 0%
New Account Fees 2,000 50 500 1,500 25%
Transfer In from Sewer Fund 379,557 ‐ ‐ 379,557 0%Sales of Surplus Property ‐ ‐ 8,000 (8,000) 0%
TOTAL WATER FUND REVENUE 908,503 10,200 99,889 808,614 11%
Water Fund Printing 400 62 100 300 25%
Water Management Wages 36,534 2,962 10,286 26,248 28%
Water Management Over Time Wages 7,000 42 1,136 5,864 16%
FICA 3,330 230 823 2,507 25%
Retirement Contribution 3,980 332 2,398 1,582 60%
Water Health Insurance 15,498 827 2,845 12,653 18%
Water Workman's Comp 5,436 ‐ ‐ 5,436 0%
System Consultant 5,000 ‐ 172 4,828 3%
Water Plant Operation 197,000 16,638 49,449 147,551 25%
Electricity 32,000 1,962 4,465 27,535 14%
Internet Services 530 44 132 398 25%
Postage 800 161 161 639 20%
Telephone 550 58 167 383 30%
Cell Phone 600 91 274 326 46%
Water Staff Training 500 ‐ ‐ 500 0%
Water Management Discretionary Fund 3,127 ‐ 2,255 872 72%
Water Membership Dues 350 ‐ 350 ‐ 100%
Office Supplies 1,500 ‐ 172 1,328 11%
Chemicals 3,000 602 852 2,148 28%
Repairs Bldg./Grounds 3,000 491 2,385 615 80%
Truck Expense ‐ Fuel 500 63 147 353 29%
Truck Expense Supplies 500 231 434 66 87%
Safety Supplies 1,500 231 244 1,256 16%
Generator Fuel 500 ‐ 291 209 58%
Water Testing 5,000 134 438 4,562 9%
Miss Utilities 300 20 68 232 23%
Software/Repairs‐ Plant Equipment 25,000 1,562 11,654 13,346 47%
Repairs‐ Lines 19,000 ‐ 1,515 17,485 8%
Water System Integration 34,380 2,865 8,595 25,785 25%
Cross connection program 200 ‐ ‐ 200 0%
Additions ‐ Plant Equipment 3,000 ‐ 892 2,108 30%
VRA Bond Debt 114,488 110,260 110,260 4,228 96%TRANSFER TO WF CIP 384,000 ‐ ‐ 384,000 0%
TOTAL WATER FUND EXPENDITURES 908,503 139,868 212,960 695,543 23%
AS OF SEPTEMBER, 25% OF BUDGET YEAR
AS OF SEPTEMBER, 25% OF BUDGET YEAR
WATER FUND EXPENDITURES TOTAL BUDGET
CURRENT
PERIOD EXPENSE YTD VARIANCE
% OF BUDGET
TO ACTUAL TREASURER/COUNCIL COMMENTS
WATER FUND REVENUE TOTAL BUDGET
CURRENT
PERIOD REVENUE YTD VARIANCE
% OF BUDGET
TO ACTUAL TREASURER/COUNCIL COMMENTS
Page 7
TOWN OF HAMILTON
BUDGET TO ACTUAL
SEPTEMBER, 2019
Interest Earned 24,081 941 4,584 19,497 19%
Sewer User Fees 411,370 ‐ 47,301 364,069 11%
Late Payment Penalty 5,000 865 1,671 3,329 33%
Late Payment Interest 900 114 271 629 30%
Sewer Surcharge ‐ VRLF Loan 46,410 ‐ 7,865 38,545 17%
Grinder Pump Fee 26,208 ‐ 4,247 21,961 16%
Transfer In from General Fund 127,764 ‐ ‐ 127,764 0%Sale of Surplus Property ‐ ‐ 8,000 (8,000) 0%
TOTAL SEWER FUND REVENUE 641,733 1,920 73,939 567,794 12%
Waste Water Printing 500 62 197 303 39%
Waste Water Management Wages 36,534 2,962 10,286 26,248 28%
Waste Water Management Overtime Wages 2,000 42 42 1,958 2%
FICA 2,948 230 823 2,125 28%
Retirement Contribution 3,980 332 1,616 2,364 41%
WW Health Insurance 15,498 827 2,845 12,653 18%
Waste Water Worker's Comp 5,079 ‐ ‐ 5,079 0%
System Consultant 63,000 21,680 24,684 38,316 39%
Pump & Haul 22,000 4,200 15,000 7,000 68% Additional pickups due to WW Plant repairs
Sewer Plant Operations 197,000 17,463 50,274 146,726 26%
Electricity 30,000 2,203 6,067 23,933 20%
Internet Services 530 44 132 398 25%
Postage 800 161 161 639 20%
Telephone 3,200 282 845 2,355 26%
Cell Phone 600 91 274 326 46%
Waste Water Staff Training 1,500 ‐ ‐ 1,500 0%
Discretionary Fund 1,001 ‐ 128 873 13%
Licenses 200 ‐ ‐ 200 0%
Office Supplies 900 ‐ 119 781 13%
Chemicals 19,000 3,092 5,522 13,478 29%
Repairs Bldg. Ground Maintenance 3,000 491 868 2,132 29%
Truck Expense ‐ Fuel 500 63 147 353 29%
Truck Expense Supplies 500 231 434 66 87%
Safety Supplies 1,500 367 380 1,120 25%
Generator Fuel 1,000 ‐ 402 598 40%
Lab Testing & Supplies 30,000 2,674 5,994 24,006 20%
Miss Utilities 300 20 68 232 23%
Software/Repairs ‐ Plant Equipment 13,000 3,026 (29,411) 42,411 ‐226% Refund from Lyttle applied for WW repairs
Repairs Lines 8,000 ‐ ‐ 8,000 0%
Grinder Pump Maintenance 27,144 ‐ ‐ 27,144 0%
Additions Plant Equipment 5,000 ‐ 892 4,108 18%
VRA Bond Debt 12,719 12,251 12,251 468 96%
Annual DEQ Discharge Fee 2,800 ‐ 2,825 (25) 101%Transfer to SF CIP 130,000 ‐ ‐ 130,000 0%
TOTAL SEWER FUND EXPENDITURES 641,733 72,794 113,865 527,868 18%
SEWER FUND EXPENDITURES TOTAL BUDGET
CURRENT
PERIOD EXPENSE YTD
AS OF SEPTEMBER, 25% OF BUDGET YEAR
VARIANCE
% OF BUDGET
TO ACTUAL TREASURER/COUNCIL COMMENTS
AS OF SEPTEMBER, 25% OF BUDGET YEAR
SEWER FUND REVENUE TOTAL BUDGET
CURRENT
PERIOD REVENUE YTD VARIANCE
% OF BUDGET
TO ACTUAL TREASURER/COUNCIL COMMENTS
Page 8
TOWN OF HAMILTON
BUDGET TO ACTUAL
SEPTEMBER, 2019
Grants Received ‐ General Fund CIP 276,276 4,348 15,272 261,004 6%
Prior Year Surplus ‐ General Fund CIP 513,654 ‐ ‐ 513,654 0%
Availability Fees ‐ Water Fund CIP ‐ ‐ 18,100 (18,100) 0%
Prior Year Surplus ‐ Water Fund CIP 404,000 ‐ ‐ 404,000 0%
Availability Fees ‐ Sewer Fund CIP ‐ ‐ ‐ ‐ 0%Prior Year Surplus ‐ Sewer Fund CIP 150,000 ‐ ‐ 150,000 0%
TOTAL CIP FUND REVENUE 1,343,930 4,348 33,372 1,310,558 2%
FY2016 VDOT Sidewalk Project 420,403 1,300 3,180 417,223 1%
FY2017 LC Drainage Project 329,527 1,300 16,078 313,449 5%
41‐43 E Colonial Parking Lot ‐ 1,470 1,470 (1,470) 0%
Transfer to WF CIP 20,000 ‐ ‐ 20,000 0%
Transfer to SF CIP 20,000 ‐ ‐ 20,000 0%
Replacement & Upgrade of Lines (S Rogers Tank Valves) 30,000 ‐ ‐ 30,000 0%
Other Water System Improvements (Well Development) 370,000 ‐ ‐ 370,000 0%
Fire Hydrant Replacement 4,000 ‐ ‐ 4,000 0%
Water Treatment Plant Concept Planning Project ‐ 499 499 (499) 0%
Infiltration Problem Reserve 100,000 30,060 30,060 69,940 30%Sewer Improvement Fund 50,000 ‐ ‐ 50,000 0%
TOTAL CIP FUND EXPENDITURES 1,343,930 34,629 51,287 1,292,643 4%
REVENUES 3,866,827 76,958 315,923 3,550,904 8%
EXPENSES 3,866,827 290,810 493,018 3,373,809 13%
NET INCOME (213,852) (177,095) ALL FUNDS
% OF BUDGET
TO ACTUAL TREASURER/COUNCIL COMMENTSTOTALS ‐ ALL FUNDS TOTAL BUDGET
CURRENT
PERIOD YEAR TO DATE VARIANCE
AS OF SEPTEMBER, 25% OF BUDGET YEAR
CIP FUND EXPENDITURES TOTAL BUDGET
CURRENT
PERIOD EXPENSE YTD VARIANCE
VARIANCE
% OF BUDGET
TO ACTUAL TREASURER/COUNCIL COMMENTS
AS OF SEPTEMBER, 25% OF BUDGET YEAR
% OF BUDGET
TO ACTUAL TREASURER/COUNCIL COMMENTS
CIP FUND REVENUE TOTAL BUDGET
CURRENT
PERIOD REVENUE YTD
Page 9
TOWN OF HAMILTON
SEPTEMBER 2019 ‐ CHECK LISTING
Check# Vendor Check Date Amount21764 ORKIN INC 9/10/2019 $25.00
21779 Crystal Springs 9/25/2019 $36.26
21773 VUPS 9/10/2019 $39.90
21789 Virginia Business Systems 9/25/2019 $40.11
21753 BROWNING EQUIPMENT 9/10/2019 $42.34
2019154 RUSSELL BEAL 9/17/2019 $50.00
2019155 GREG K. WILMOTH 9/17/2019 $50.00
2019156 Matthew Clark 9/17/2019 $50.00
21774 Daniel Gorman 9/18/2019 $50.00
21775 LESLIE F. CARLSON 9/18/2019 $50.00
2019153 ROBERT E. MCCANN 9/18/2019 $75.00
21772 Virginia Business Systems 9/10/2019 $119.72
21784 LOUDOUN COUNTY CENTRAL GARAGE 9/25/2019 $125.46
21782 HACH COMPANY 9/25/2019 $133.33
21758 FIVE STAR SEPTIC, INC. 9/10/2019 $135.00
21757 FIRELINE 9/10/2019 $136.45
21759 HOME DEPOT CREDIT SERVICES 9/10/2019 $170.58
21767 POSTMASTER HAMILTON 9/10/2019 $204.00
21788 VERIZON WIRELESS 9/25/2019 $237.95
21763 NICHOLS HARDWARE 9/10/2019 $245.49
21792 MID‐ATLANTIC ENTRY SYSTEMS INC 9/27/2019 $283.00
2019142 Martha M. Semmes, FAICP 9/6/2019 $400.00
21766 PMSI 9/10/2019 $444.43
21768 SHERWOOD‐LOGAN & ASSOCIATES INC 9/10/2019 $444.61
21765 PAINT & PAPER PLACE 9/10/2019 $563.63
21787 VERIZON 9/25/2019 $737.50
21776 BB&T BANKCARD CORPORATION 9/25/2019 $791.22
21756 Fastlane Emergency Vehicles 9/10/2019 $925.00
21762 Municode 9/10/2019 $1,193.45
21777 BRAMHALL TRUCKING, INC. 9/25/2019 $1,470.31
21781 FIDELITY POWER SYSTEMS 9/25/2019 $1,472.00
21778 C&M Communication Cabling, Inc. 9/25/2019 $2,277.00
2019157 ANTHEM BLUE CROSS BLUE SHIELD 9/27/2019 $2,576.00
2019141 SAMUEL A. FINZ 9/6/2019 $2,600.00
21760 Inboden Environmental Services 9/10/2019 $2,807.73
21761 InstruLogic LLC 9/10/2019 $2,865.00
2019150 MAUREEN K. GILMORE 9/10/2019 $3,200.00
21755 Coyne Chemical 9/10/2019 $3,401.12
21752 AMERICAN DISPOSAL SERVICES INC 9/10/2019 $3,778.50
21786 USA BLUEBOOK 9/25/2019 $4,121.82
21771 USA Septic Services LLC 9/10/2019 $4,200.00
21754 C&M Communication Cabling, Inc. 9/10/2019 $4,256.00
21780 DOMINION VIRGINIA POWER 9/25/2019 $4,919.36
2019151 ANTHEM BLUE CROSS BLUE SHIELD 9/13/2019 $4,991.00
21785 Tri‐Tek Engineering 9/25/2019 $6,078.75
2019162 TOWN OF HAMILTON ‐ FIRE DEPT FUND 9/30/2019 $10,000.00
21769 TREASURER OF VIRGINIA ‐ DEQ 9/10/2019 $16,100.00
21790 Visu‐Sewer East LLC 9/25/2019 $30,059.70
21783 Inboden Environmental Services 9/25/2019 $32,810.99
21770 US BANK OPERATIONS CENTER 9/10/2019 $122,511.25
TOTAL $274,295.96
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53 East Colonial Highway P.O. Box 130 Hamilton, VA 20159-0130 Phone: (540) 338-2811 Fax: (540) 338-9263 Web: www.hamiltonva.gov Email: [email protected]
MEMORANDUM TO: Mayor and Council FROM: Martha Mason Semmes, FAICP, Zoning Administrator DATE: October 14, 2019 RE: Monthly Report – September-Early October
Here is a summary of Zoning, Land Development and Code related activities during the month of September and first two weeks of October. In addition to these items I attended the Sept. 18th Planning Commission meeting and answered numerous code, zoning and land development inquiries during this period. Permits: One Zoning Permit was issued: ZP 2019-0018– Fence- 23 S. James St. – Caro. Active Applications: Review continued on 2 applications received and referred to Loudoun
County and the Town Attorney for review:
1. Boundary Line Adjustment Application – Dennis & Linda Virts – 343 & 351 E Colonial Hwy (343 in Town, 351 out of Town) – The application proposes to adjust the boundary lines to have two buildable lots in the County with access from E. Colonial Highway. Comments from the County were received and forwarded to the applicant.
2. Construction Plans & Profiles – Hamilton Station Estates, Section 3, Lots 1A & 1B Resubdivision – Hamilton Sears, LLC – 39100 E. Colonial Highway – The application proposes to create 7 lots from 2 existing lots (one of which contains the old Sears house). Zoning is County Rural Commercial. Town review comments were emailed today. The County has required the applicant to also submit directly to them, but as of this date we do not believe that has been done. Since the application is proposing extension of Town sewer service to the new lots, an application for sewer service has been submitted to the Town Council for consideration at its upcoming meeting.
County Referrals:
1. A County referral was received on Oct. 7th for an application by the Fire & Rescue Station on East Colonial Highway to add an electronic changeable message board to the existing freestanding sign. I have forwarded it to the Mayor for review and comment.
2. I reviewed a County referral regarding an E. Colonial Highway contractor storage yard.
Mayor David R. Simpson
Town Council
Matthew L. Clark
Craig Green
Rebecca Jones
Catherine Salter
John D. Unger
Kenneth C. Wine
Zoning Administrator
Martha M. Semmes, FAICP
Treasurer Tina M. Staples
Town Recorder
Jennifer Noel
Page 19
53 East Colonial Highway P.O. Box 130 Hamilton, VA 20159-0130 Phone: (540) 338-2811 Fax: (540) 338-9263 Web: www.hamiltonva.gov Email: [email protected]
Pending/Potential Applications:
1. Discussions have started with an applicant to subdivide the Gateway Farm property at the NW corner of Rt.287 and the Rt 7 Bypass, a portion of which is in the Town’s extraterritorial subdivision control area. The County is deferring to the Town as the lead jurisdiction on this potential application, since it would have to be approved by our Planning Commission and Town Council. A meeting with the applicant’s representative is being scheduled for next week as of this writing.
Enforcement Updates:
1. 306 E. Colonial Hwy – Letter re: tall grass/weeds sent to bank that now owns the property on September 9th. Bank has taken no action as of this date, so this will be on the Council agenda to seek approval to have Town forces clear the property and charge the owner with the cost.
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MINUTES HAMILTON TOWN COUNCIL
PUBLIC HEARING AND REGULAR MEETING September 9, 2019
7:00 PM
TOWN COUNCIL: PRESENT: David R. Simpson, Mayor
Kenneth C. Wine, Vice Mayor Kathy Salter, Council member Craig Green, Council member Rebecca Jones, Council member Matthew Clark, Council member
ABSENT: John Unger, Council member STAFF: Tina Staples, Treasurer Maureen Gilmore, Town Attorney
Jennifer Noel, Recorder
CALL TO ORDER THE PUBLIC HEARING:
Mayor Simpson called to order the Public Hearing of the Hamilton Town Council at 7:00PM.
• Amendments to the Town Sewer Ordinances – Chapter 14, Article IV Section 24-91 and Article VII Section 24-182 – These amendments would (i) allow Hamilton Area Sewer Tax District property owners with sewer availability fees paid prior to 2006, to physically connect on a date determined by the property owner and (ii) impose a sewer surcharge on all sewer users, thereby removing the exemption for Hamilton Area Sewer Tax District property owners because a sewer tax is no longer imposed.
PUBLIC COMMENT:
Carrie Michon of 585 Curry Springs Road came forward to speak. Ms. Michon thanked the Council for reconsidering the moratorium on the sewer tax district.
John Michon of 585 Curry Springs Road came forward to speak. Mr. Michon echoed his wife’s statement. He believes that the Council came to the right decision on this and he appreciates it.
Mayor Simpson adjourned the Public Hearing and moved directly into the Hamilton Town Council Regular Meeting.
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Town Council Public Hearing and Regular Meeting Minutes September 9, 2019
GUESTS:
- Community Safety Officer Report – Deputy Carpenter came forward and stated that she has no new concerns for the Town Council. She stated that they have increased patrols in front of the Church to try to reduce the speeding and she is open to take any concerns that the Town Council may have back to the Sheriff’s Office.
Council member Green made a motion to amend the agenda to add Public Comment to the agenda.
Motion: Council member Green Second: Council member Jones
Carried: 6-0-1 Simpson - Aye
Unger - Absent Green - Aye Salter- Aye Wine - Aye Clark - Aye Jones - Aye PUBLIC COMMENT: Jim Bourne of 15 West Colonial Highway came forward to speak. Mr. Bourne stated that he is concerned about the run off near the Park and Ride site. He stated that there is a Well there that he believes belongs to the County. He contacted the County and was told that they are only concerned with the 50 to 150 feet directly in front of the site. He would ask that the Town look into the run off as he believes that it may empty into the Town’s water sources. Secondly, Mr. Bourne stated that at another meeting he believed that the Mayor had indicated that the County was amicable to opening up the trails between Purcellville and Hamilton and to that end he said that there is a half a mile on the way to the Park and Ride in Hamilton that isn’t paved that makes it very unsafe for people to walk or ride their bikes to the Park and Ride. Mr. Bourne also asked if the Council has an update to the sidewalk project.
GUESTS CONTINUED:
- Auditor’s Report –Mitchell & Company, Kara Santmyer came forward and gave the Report for the Town Council. Mitchell & Company’s Report shows that the Town is fiscally sound for the current audit year.
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Town Council Public Hearing and Regular Meeting Minutes September 9, 2019
• Proclamation – Constitution Week – Council member Clark read the Proclamation a loud.
Council member Clark made a motion to approve the Proclamation as presented.
Motion: Council member Clark Second: Council member Salter
Carried: 6-0-1 Simpson - Aye
Unger - Absent Green - Aye Salter - Aye Wine - Aye Clark - Aye Jones - Aye Kim Mackey of 38621 Purple Martin Ln came forward to speak – Ms. Mackey stated that she has been a contractor for FEMA for many years. She stated that sometimes FEMA partners with Team Rubicon which is a group of Veterans that sometimes will go and help communities after disasters such as Hurricane Dorian. She stated that what she would like to do is a fundraiser in Hamilton to help raise funds for Team Rubicon. TREASURER’S REPORT: Monthly Treasurer’s Report – Ms. Staples gave the Treasurer’s report for August 2019 to the Town Council and was open for any questions that the Town Council may have. Vice Mayor Wine made a motion to approve the Treasurer’s Report for May as presented.
Motion: Vice Mayor Wine Second: Council member Jones Carried: 6-0-1 Simpson - Aye
Unger - Absent Green - Aye Salter - Aye Wine - Aye Clark - Aye Jones - Aye
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Town Council Public Hearing and Regular Meeting Minutes September 9, 2019
HAMILTON UTILITY REPORT – IES: Mr. Imboden came forward to go over the report presented to the Town Council and to answer any questions the Council may have. MINUTES: Council member Green made a motion to approve the minutes of July 8, 2019 Town Council Regular Meeting as submitted.
Motion: Council member Green Second: Council member Jones
Carried: 6-0-1 Simpson - Aye
Unger - Absent Green - Aye Salter - Aye Wine - Aye Clark - Aye Jones - Aye MAYOR’S REPORT: Discussion Item – Purchase of Chromebooks for Meetings – The Town Council discussed the purchase of the for the Town Council. COMMITTEE REPORTS: A. Water and Sewer Committee B. Parks and Recreation Committee C. Finance Committee D. Public Safety, Zoning and Enforcement Committee E. Personnel Committee F. Planning Commission – Next Meeting September 18, 2019
OLD BUSINESS: None NEW BUSINESS: A. 2019 Sewer Tax District Amendments Ordinance Adoption – 2019–21
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Town Council Public Hearing and Regular Meeting Minutes September 9, 2019
Council member Green made a motion that the Hamilton Town Council adopt Ordinance 2019-21 amending the Utility Ordinance Chapter 24, Article 4, Building Sewers and Connections, Section 24-91 and Article 7, Charges for use of Public Service Sewer, Section 24-182(a). Motion: Council member Green Second: Council member Jones
Carried: 6-0-1-1 Simpson - Aye
Unger - Absent Green - Aye Salter - Abstain Wine - Aye Clark - Aye Jones - Aye
B. Planning Commissioner Vacancy Appointment – Brian Daskalowitz, CPA MBA Resume
Council member Salter made a motion to appoint Brian Daskalowitz to an unexpired term of the Hamilton Planning Commission vacated by Ms. Salter. Motion: Council member Salter Second: Council member Jones
Carried: 6-0-1 Simpson - Aye
Unger - Absent Green - Aye Salter - Aye Wine - Aye Clark - Aye Jones - Aye
CLOSED SESSION: Vice Mayor Wine made a motion that the Hamilton Town Council recess the regular meeting and convene a closed session to discuss the following;
1. Discussion of personnel matters, specifically, compensation for performance evaluation, as
permitted by Code of Virginia of 1950, as amended, Section 2.2-3711(A)(1); and 2. Utility-related matters requiring consultation with and the provision of legal advice by the
Town Attorney, as authorized by Code of Virginia of 1950, as amended, Section 2.2-3711(A)(8).
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Town Council Public Hearing and Regular Meeting Minutes September 9, 2019
The following individuals are invited to attend the Closed Session:
All Town Council members Maureen Gilmore, Town Attorney
Motion: Vice Mayor Wine Second: Council member Jones Carried: 6-0-1 Simpson - Aye
Unger - Absent Green - Aye Salter - Aye Wine - Aye Clark - Aye Jones - Aye Vice Mayor Wine made a motion that the Town Council adjourn its Closed Session and reconvene its regular meeting.
Motion: Vice Mayor Wine Second: Council member Green Carried: 6-0-1 Simpson - Aye
Unger - Absent Green - Aye Salter - Aye Wine - Aye Clark - Aye Jones - Aye Vice Mayor Wine made a motion that the Town Council adopt Resolution 2019-22 certifying the Closed Session of September 9, 2019.
Motion: Vice Mayor Wine Second: Council member Jones Carried: 6-0-1
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Town Council Public Hearing and Regular Meeting Minutes September 9, 2019
Simpson - Aye Unger - Absent Green - Aye Salter - Aye Wine - Aye Clark - Aye Jones - Aye Vice Mayor Wine made a motion that the Hamilton Town Council authorize the Mayor to send a letter to the Town of Purcellville informing them that the Town of Hamilton is not interested in pursuing joint water and sewer operation at this time.
Motion: Vice Mayor Wine Second: Council member Jones Carried: 6-0-1 Simpson - Aye
Unger - Absent Green - Aye Salter - Aye Wine - Aye Clark - Aye Jones - Aye ADJOURNMENT: There being no further business the meeting adjourned at 9:15PM. _______________________ David Simpson, Mayor ________________________ Jennifer L. Noel, Recorder
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MINUTES HAMILTON TOWN COUNCIL
SPECIAL MEETING September 18, 2019
6:30 PM
TOWN COUNCIL: PRESENT: David R. Simpson, Mayor
Kenneth C. Wine, Vice Mayor Kathy Salter, Council member John Unger, Council member Craig Green, Council member Rebecca Jones, Council member Matthew Clark, Council member – Late 6:38PM
STAFF: Tina Staples, Treasurer Maureen Gilmore, Town Attorney
Jennifer Noel, Recorder
CALL TO ORDER THE SPECIAL MEETING:
Mayor Simpson called to order the Special Meeting of the Hamilton Town Council at 6:30PM.
PUBLIC COMMENT:
None
OLD BUSINESS: A. Update on Sidewalk Project – Sam Finz’ Report – Mr. Finz was present to answer any
questions that the Town Council may have.
Additional VDOT Funds and Town Contribution – Mayor Simpson explained that the bids for the sidewalk project came in and the bids were considerably more expensive than anticipated. Mayor Simpson requested additional funding from VDOT and they have committed more grant funding for the Town to cover the project.
ACTION ITEMS: A. Acceptance of additional VDOT funding –
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Town Council Public Hearing and Regular Meeting Minutes September 9, 2019
Vice Mayor Wine made a motion at the Hamilton Town Council accept the additional transportation improvement project funding for the Town of Hamilton Project Number VDOT UPC 107659. Motion: Vice Mayor Wine Second: Council member Unger Carried: 7-0
Simpson - Aye Unger - Aye Green - Aye Salter- Aye Wine - Aye Clark - Aye Jones - Aye
Vice Mayor Wine made a motion that the Hamilton Town Council approve local funding of up to $165,993 for VDOT UPC 107659.
Motion: Vice Mayor Wine Second: Council member Green Carried: 7-0
Simpson - Aye Unger - Aye Green - Aye Salter- Aye Wine - Aye Clark - Aye Jones - Aye
B. Award of Contract –
Vice Mayor Wine made a motion that the Hamilton Town Council award the construction contract for VDOT UPC 107659 to M&F Concrete, Manassas, VA, as the apparent low bidder on the project and authorize the Mayor and Town staff to process the necessary documents for construction to begin. Motion: Vice Mayor Wine Second: Council member Jones Carried: 7-0
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Town Council Public Hearing and Regular Meeting Minutes September 9, 2019
Simpson - Aye Unger - Aye Green - Aye Salter- Aye Wine - Aye Clark - Aye Jones - Aye
ADJOURNMENT: There being no further business the meeting adjourned at 6:45PM. _______________________ David Simpson, Mayor ________________________ Jennifer L. Noel, Recorder
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DONATION FOR THE TOWN OF HAMILTONOctober 21, 2019
GREG & JULIE HENRY, RESIDENTS OF HAMILTON, HAVE DONATED TWENTY-FIVE HOLIDAY FLAGS TO THE TOWN FOR
DISPLAY DURING THE HOLIDAY SEASON.MR. & MRS. HENRY HAVE ALSO DONATED REPLACEMENT AMERICAN FLAGS TO SUBSTIUTE THOSE THAT HAVE BECOME WEATHERED OVER
THE YEARS.
THE HAMILTON TOWN COUNCIL WOULD LIKE TO THANK MR. & MRS. HENRY FOR THEIR DONATION TO THE TOWN OF HAMILTON AND
WOULD LIKE TO ACCEPT/RECOGNIZE THEIR GIFT FOR THE TOWN AT THIS TIME.
ATTEST,
_______________________________
Mayor David R. Simpson
_______________________________
_______________________________
_______________________________ _______________________________
_______________________________
_______________________________
Vice Mayor, Kenneth Wine
Council Member, Rebecca Jones
Council Member, Craig Green
Council Member, John Unger
Council Member, Matthew Clark
Council Member, Catherine Salter
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Page 1 of 2
STAFFREPORTTO: TownCouncilFROM: MarthaMasonSemmes,FAICP–ZoningAdministratorSUBJECT: 306E.ColonialHwy‐TallGrass&WeedsViolation–
CouncilApprovaltoClearDATE: October15,2019BACKGROUNDTheTownhasreceivednumerouscomplaintsregardingthetallgrassandweedsgrowingat306E.ColonialHighway.IseveralmonthsagoIsentanoticetothepropertyownerofrecordatthattime,Mr.Glidden,citingaviolationofSection12.1oftheTownCode,whichprohibitstheaccumulationoftallgrassandweedsonvacantdevelopedproperty,andrequestingthatthepropertybemowedandclearedoftallgrassandweeds.Mr.Gliddeninformedusthathenolongerownstheproperty,whichhasbeentakenoverbyHSBCBank,USA,NationalAssociation,PHHMortgageCorporation.
OnSeptember9,2019IsentanothernoticeofviolationtothebankattheMountLaureladdressnowshownintheCountylandrecordsandrequestedthattheyimmediatelyclearthepropertyoftallgrassandweeds.Theywerealsonotifiedthat,ifthegrassandweedswerenotcut,undertheprovisionsoftheTownCodetheTownCouncilcoulddecidetohavethepropertymowedandchargetheexpensetothebankasitwouldatax.
APPLICABLETOWNCODEPROVISIONS
ThenoticeofviolationcitedthefollowingenforcementprovisionsofCodeSection12.1:
“(1)EverychargeauthorizedbythissectionwithwhichtheownerofanysuchpropertyshallhavebeenassessedandwhichremainsunpaidshallconstitutealienagainstsuchpropertyrankingonaparitywithliensforunpaidlocaltaxesandenforceableinthesamemannerasprovidedinCodeofVirginia,§§58.1‐3940and58.1‐3965.Thetownmaywaivesuchliensinordertofacilitatethesaleoftheproperty.Suchliensmaybewaivedonlyastoapurchaserwhoisunrelatedbybloodormarriagetotheownerandwhohasnobusinessassociationwiththeowner.Allsuchliensshallremainapersonalobligationoftheownerofthepropertyatthetimethelienswereimposed;and
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Page 2 of 2
(2) Violationsofthissectionshallbesubjecttoacivilpenalty,nottoexceedfiftydollars($50.00)forthefirstviolation,orviolationsarisingfromthesamesetofoperativefacts.Thecivilpenaltyforsubsequentviolationsnotarisingfromthesamesetofoperativefactswithintwelve(12)monthsofthefirstviolationshallnotexceedtwohundreddollars($200.00).Eachbusinessdayduringwhichthesameviolationisfoundtohaveexistedshallconstituteaseparateoffense.Innoeventshallaseriesofspecifiedviolationsarisingfromthesamesetofoperativefactsresultincivilpenaltiesthatexceedatotalofthreethousanddollars($3,000.00)inatwelve‐monthperiod.”
COUNCILACTIONREQUESTEDTheCode requiresCouncil authorizationof any actionbyTown staff tohave the subjectpropertyclearedandmowedandthecostchargedtothepropertyowner.Staffwouldbeabletoactexpeditiouslyfollowingthisactionbecausetherequired30‐daynoticehasbeenprovidedtothepropertyownerviamySeptember9thletter.DRAFTMOTIONAuthorizeStaffAction–RecommendedImove that theHamiltonTownCouncil,pursuant toHamiltonTownCodeChapter12,ArticleI,Section12‐1(c)authorizethemowingofgrass,weeds,andotherforeigngrowth on the property located at 306 E. ColonialHighway, since proper 30‐daynotice has been provided to the property owner by letter from the ZoningAdministratordatedSeptember9,2019.ALTERNATIVEMOTIONImovethattheHamiltonTownCouncilnotauthorizeenforcementactionon306EColonialHighwayatthepresenttimeforthefollowingreasons:
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TOWNOFHAMILTON–TOWNCOUNCILMEETINGOctober21,2019
ACTIONITEMMOTIONImovethattheHamiltonTownCouncil,pursuanttoHamiltonTownCode
Chapter12,ArticleI,Section12‐1(c)authorizethemowingofgrass,weeds,
andotherforeigngrowthonthepropertylocatedat306E.ColonialHighway.
NoticewasgiventotheownerbyletterdatedSeptember9,2019sentcertified
andwasstampedreceivedonSeptember16,2019.
SecondandRecordedVoiceVoterequired.
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OCTOBER 21, 2019 TOWN COUNCIL MEETING CLOSED SESSION MOTION
I move that the Hamilton Town Council recess its regular meeting and convene a closed session to discuss:
• Consultation with and the provision of legal advice by the Town Attorney regarding the enforcement/collection of lease amounts, as authorized by Code of Virginia of 1950, as amended, Section 2.2-3711(A)(8); and
• Consultation with and the provision of legal advice by the Town Attorney regarding possible conversion/appropriation of utility system equipment, as authorized by Code of Virginia of 1950, as amended, Section 2.2-3711(A)(8); and
• Litigation titled, Bouman v. Town of Hamilton, Loudoun County Circuit Court Case Number 102460, as authorized by Code of Virginia of 1950, as amended, Section 2.2-3711 (A)(7)
The following individuals are invited to attend the closed session: All Town Council Members Maureen K. Gilmore, Town Attorney Second and Recorded Voice Vote required.
I move that the Hamilton Town Council adjourn its closed session and reconvene its regular meeting. Second and Recorded Voice Vote required.
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TOWN OF HAMILTON LOUDOUN COUNTY, VIRGINIA
RESOLUTION NO.2019-23 PRESENTED: ADOPTED:
OCTOBER 21, 2019 _______________
A RESOLUTION: CERTIFYING THE CLOSED SESSION ON OCTOBER 21, 2019.
WHEREAS, the Hamilton Town Council, has this day convened a closed session in accordance with an affirmative-recorded vote of the Hamilton Town Council and in accordance with the provisions of the Virginia Freedom of Information Act.
NOW, THEREFORE, BE IT RESOLVED that the Hamilton Town Council does hereby certify that to the best of each member’s knowledge, 1) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the closed session to which this certification applies; and 2) only such public business matters as were identified in the Motion by which the said closed session was convened were heard, discussed or considered by the Hamilton Town Council.
PASSED THIS ____ DAY OF __________________ 2019.
______________________________ David R. Simpson, Mayor Town of Hamilton
ATTEST:
__________________________________ Jennifer Noel, Town Recorder
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