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HomeMy WebLinkAbout01-09-07Minutes of the Town Council meeting held January 9, 2007 at 7:00 p.m. in the Council Chambers of the Municipal Building. There were present: Charles L. Wade, Mayor Council: Jeffrey S. Worrell, Daniel Talbert, Jr., Lane R. Penn, Joel B. Burchett, Jr., David L. Clark, Larry Clevinger, II. Staff: John J. Hawley, Town Manager David N. Quesenberry, Asst. to the Town Manager Randolph D. Eley, Jr., Town Attorney Gary Roche, Police Chief John White, Economic Development Director Dave Hart, Parks and Facilities Director Sherry Boyd, Finance Director Patricia Cruise, Clerk of Council Others: James Radcliffe Fran Boyd Lee E. Rice Robert Bopp Houston Smith Jearline Smith Brent M. Jarrells Clark Payne Freddie Sonner Shirley Beaver Carol Wade Jennifer White Betty L. Kirkner Mark Vaughn Clint C. Ison Judy Ison Rhonda Whitehurst Dennis Bane Stan Moran Melinda Williams, Press Paul Dellinger, Press Mayor Wade called the meeting to order at 7:00 p.m. Councilman Clevinger led the Pledge of Allegiance and Councilman Worrell gave the Invocation. Following roll call, Mayor Wade announced that Mr. Cox had withdrawn his zoning request, so there would be no Public Hearing on that topic. Additionally, he advised that the Employee of the Month for January 2007 would be announced at the January 23, 2007 Council meeting. Next, David Quesenberry presented the 2006 Planning Commission Annual Report, the 2006 Architectural Review Board Annual Report, the 2006 Housing Board of Adjustment and Appeals Annual Report and the 2006 Board of Zoning Appeals Annual Report. Mayor Wade moved on to Public Hearings. The first Public Hearing was a request for a zoning amendment regarding building in the footprint of nonconforming structures on a nonconforming lot. Mr. Quesenberry advised that the Planning Commission had considered the case and recommended that on a case by case basis, following notice and public hearing and Planning Commission review, the owner be allowed to build a new structure on the area occupied by all portions of the previous structure. At 7:18 p.m., the Public Hearing was opened. There being no comments from the Public, the Hearing was closed. Discussion ensued with Councilman Penn voicing concern about the closeness of structures possibly reducing fire safety. Councilman Worrell moved to accept the Planning Commission recommendation but specified the cases be treated as a Special Exception. The motion was seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - No Larry Clevinger, II - Aye The next Public Hearing was to discuss a recommendation from the Planning Commission regarding screening of exterior storage areas in Business and Industrial districts. Mayor Wade moved on to Planning Commission Case 2006-20ZA, Recommendation from the Planning Commission Regarding Screening of Exterior Storage Areas in Business and Industrial districts. Mr. Quesenberry advised that the Planning Commission recommended that the screening issue be addressed by a regular ordinance and not an amendment to the Zoning Ordinance. Mayor Wade asked for a definition of screening. Mr. Quesenberry advised that currently screening is not defined in the Town Code. Mr. Eley, the Town Attorney advised that a definition would be needed. Following more discussion with Council, Mayor Wade opened the Public Hearing at 7:25 p.m. Fran Boyd addressed Council expressing her dissatisfaction with the picture that appeared in the Southwest Times with the article regarding this issue. It showed a lot that her business stored tires on. She advised that she was not the only one who rented a portion of the lot and her portion of the lot was neat. She was for the screening, but felt it should include all roads and not just certain areas. Mayor Wade explained that the Town did not take the picture. He emphasized that the Town is committed to eliminating blight all over Town. There being no further comments from the Public, the Hearing was closed at 7:29 p.m. Following discussion by Council, the consensus was for staff to prepare a definition for screening and return to Council. Mayor Wade moved on to the Public Comment period. Jennifer White addressed Council expressing concern for the graffiti that had appeared on the new door at the Theatre and at the Jackson building next door to the Theatre. Mr. Hawley advised that staff was working on a graffiti ordinance. Mr. Eley advised that a graffiti ordinance was the best way to handle the problem, however, there was a statute for damage to private property. If the graffiti artist was caught, they could be charged with that statute. The next item on the agenda was the Consent Agenda. Councilman Worrell moved to adopt the Consent Agenda consisting of the Council minutes of 11-07-06 and 12-05-06. The motion was seconded by Councilman Talbert and carried on voice vote. Mayor Wade moved on to Project Updates. The first item was Cingular Cell Tower Lease. Mr. Hawley advised that a draft lease was being prepared. He explained a difference in interpretation regarding the escalation percentage. He asked for Council’s direction. Mayor Wade commented that the Town tries to treat all businesses equally. Following discussion, the consensus of Council was that the escalation percentage should remain at 3% as given to other businesses. The next item on the agenda was wireless contract. Mr. Hawley advised that a draft contract had been completed and distributed to Council and to Wiredog for comments. Staff hoped to be able to discuss the contract at the 1-23-07 meeting. Mayor Wade moved on to Downtown CDBG Construction – Moving to Phase II. Mr. White advised that Phase I of the downtown CDBG construction project was almost complete and summarized what remained to be done. He advised that bids had gone out for the public infrastructure and streetscape aspects of the grant, which was Phase II. Mayor Wade moved on to Rental Inspection/property maintenance. Mr. Hawley advised that staff had begun work on blight elimination in the Town, a rental inspection program for the Town, a vacant building registration program and a nuisance abatement program. He advised that included in the packet was a timeline for the proposed implementation for rental inspection. He commented that as the Town continues to fight blight, the work load in code compliance woul increase. He noted that a part-time or full-time person would need to be hired to cover the programs. Following discussion, staff was directed to prepare a job description for the position. Mayor Wade moved on to Old Business. The first item was Raymond F. Ratcliffe Museum space update for the Train Station. Mr. Hawley advised that staff had measured the area in the east portion of the train station. It measured approximately 610 square feet. Additionally, as directed, staff had asked whether Dr. Brockmeyer’s family would consider allowing a portion of the train set to be displayed rather than the entire set. Mr. Hawley advised that they were not amenable to that request. Mayor Wade advised that he had spoken with the Brockmeyer family and suggested that a professional dvd could be made of the train set with a preface by Dr. Brockmeyer. The dvd could then be run in the Museum. He advised that they seemed amenable to the idea. They were going to have a family discussion and advise the Town of their decision. Mayor Wade inquired whether the grants would allow the Town to downsize the scope of the Museum concept to do more in the Train Station? Mr. Hawley advised that he would check with VDOT. Additional discussion ensued regarding some flooring and gutter work that needed to be done at the Station. Staff advised that they would gather specs and prices for Council. Mayor Wade moved on to New Business. The first item was a Resolution for street additions. Mr. Hawley advised that in order to receiveVDOT maintenance funds for new roads, they had to be adopted into the Town system. He added that the Engineering department had inspected the roads to insure compliance with Town and VDOT standards. Following discussion, Councilman Penn moved to adopt Resolution 2007-01, Accepting Certain Streets into the Town Street System. The motion was seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye Mayor Wade moved on to Pulaski Area Transit (P.A.T.) Resolution for grant funding. Mr. Hawley advised that a Resolution for grant funding for the Pulaski Area Transit was required by the Department of Rail and Public Transportation for a grant to defray the costs for public transportation in the Town. He noted that the local share had increased due to an increase in the operation time. Councilman Talbert moved to adopt Resolution 2007-02, Authorizing the Application of State Aid to Public Transportation In the Amount of $81,972.00. The motion was seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye The next item for discussion was a request for a power line easement across Town property on Dora Highway. Mr. Hawley advised that an easement was needed from the Town so that Appalachian Power could provide electric service to the car auction. Councilman Penn moved to authorize the Town Manager to execute the power line easement across Town property on Dora Highway. The motion was seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Abstain Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye Mayor Wade moved on to Transdominion Express request for additional funding. Mr. Hawley advised of the receipt of a request from Transdominion Express for $1,000 additional funding for this year. This was in addition to the amount the Town had already budgeted and paid. Following discussion, the consensus of Council was not to fund the request. The next item on the Agenda was round table discussion. Mayor Wade asked for an update on the Trail. Mr. Hawley advised that staff was working on the environmental package to submit to VDOT. Mayor Wade asked staff to draft a policy for termination of delinquent loans with the Town for Council’s review. Mayor Wade asked for an update on Loving Field. Mr. Hawley advised that staff was reviewing old maps and hoped to be able to provide a full report at the February Council meeting. Mayor Wade asked for the status of the closing on the Maple Shade property. Mr. Hawley advised that he was reviewing the paperwork. He added that there had been no survey on the out parcel and the Town Attorney needed one. He hoped to have the paperwork completed within thirty days. Mr. Worrell advised that he would like a copy of the map of the Loving Field property. He expressed interest in visiting the site. Mr. Hawley advised that he would ask Engineering to provide a copy to the Mayor and Council. Next, Mr. Hawley advised that he needed to add an Ordinance to the Agenda for discussion. Councilman Talbert moved to modify the Agenda to add Ordinance 2007-01, Police Department Training and Equipment Agreement. The motion was seconded by Councilman Worrell and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye Chief Roche advised that this Ordinance would modify the contract that was currently in use. Because of state mandates, the Academy and Field Training was nine months. The current contract was for two years. By the time the officer completed all training, there was only one and one quarter years before the officer could leave the Town without penalty. The new Ordinance amended the contract length to three years. Additionally, the amended Ordinance reflected updated costs for equipment, salary and benefits. Following discussion, Councilman Worrell moved to adopt Ordinance 2007-01, Police Department Training and Equipment Agreement, seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye At 8:20 p.m., Councilman Penn moved to enter into Closed Session under Virginia Code 2.2-3711 (A-3), Consideration of real property for a public purpose, (A-3), Discussion of the disposition of publicly held real property and (A-7), Consultation with legal counsel and briefings by staff pertaining to probable litigation, two items. The motion was seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye Charles L. Wade, Mayor - Aye At 9:26 p.m., Council returned from Closed Session and adopted the Certification Resolution on motion by Councilman Talbert, seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Joel B. Burchett, Jr. - Aye Dan Talbert, Jr. - Aye David L. Clark - Aye Lane R. Penn - Aye Larry Clevinger, II - Aye Charles L. Wade, Mayor - Aye At 9:27 p.m., Council adjourned on motion by Councilman Penn, seconded by Councilman Talbert and carried on voice vote.