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HomeMy WebLinkAbout01-19-99Minutes of the Town Council meeting held January 19, 1999 at 5:00 p.m. in the Council Chambers in the Municipal Building. There were present: Bettye H. Steger, Vice-Mayor Council Members: James M. Neblett, Lane R. Penn, Jeffrey S. Worrell, W. Edgar Hale, Joseph L. Weddle, Pauline G. Mitchell, Charles W. Stewart Absent-excused: John A. Johnston, Mayor Also Present: Frank Terwilliger, Town Attorney Thomas M. Combiths David N. Quesenberry, Asst. to the Town Manager Patricia Pendergrast, Clerk John J. Hawley, Town Engineer Michael Z. Jenkins, Director of Public Works Robert L. Dye, Economic Director Sherry Boyd-Neidigh, Finance Director J. David Hart, Director of Parks and Recreation Eddie Sutphin, Sports Coordinator Visitors: Catherine Humphrey Jeanne B. Whitman Betty Lou Kirkner Beverly Ratcliffe-Holtz Gerald Fain C. E. Gallimore Andrew L. Graham Evelyn H. Aust Jane Fuller E.L. Belcher Ken Dobson Kim Nelson Tim Dye Tommy Thomas Dana Spraker Stanley Martin Milton Brockmeyer Joanne Bell David Warburton Mr. and Mrs. Oscar Seagle Patrick Burton Edna Love Michael Dowell Paul Dellinger, Press J. R. Schrader, Press The meeting was called to order at 5:00 p.m. Councilman Hale led the Pledge of Allegiance and Councilman Stewart gave the Invocation. Vice-Mayor Steger advised that one change was needed on the agenda under 6a: Mr. Logan would not be speaking to Council. First item on the agenda was recognition of Recreation Volunteers. Mr. Dave Hart, Director of Parks and Recreation, advised that he wanted to recognize eight individuals that have been an invaluable asset to the youth of our community, contributing over 200 years of service in 492 programs. These volunteers received awards from the Town on December 3, 1998 and their names will be on an engraved plaque hung in the Municipal Building. The awards were divided into two categories, “Lifetime Volunteer Service Awards” and “Lifetime Youth Service Awards”. Mr. Eddie Sutphin introduced the volunteers and thanked them for their many years of service. Lifetime Dan Callahan 25 years of service 73 programs Volunteer Tim Dye 16 years of service 61 programs Service Awards Tom Hawley 25 years of service 90 programs Kim “Bo” Nelson 25 years of service 83 programs Steve Quesenberry 24 years of service 85 programs Tommy Thomas 20 years of service 63 programs Lifetime Youth Kenneth J. Dobson 50 years of service Teacher, Coach Service Awards Administrator, and Public Servant Harold S. Lambert 43 years of service Teacher, Coach Administrator and Public Servant Vice Mayor Steger expressed her appreciation to the volunteers for the time they have contributed to our youth and the Town. Next item on agenda was presentation of the Annual Planning Commission report by R. David Warburton. Mr. Warburton recognized the excellent work of Mrs. Freda O’Neal, David Quesenberry, and Councilman Stewart. He advised that he has been re-elected as Chairman, and Kathleen Kirk as Vice Chairman. He advised that he will not serve on the Commission after this year and suggested that Council review the remaining expiration dates for the Commission to avoid future problems. Councilman Weddle made a motion to accept the Planning Commission Annual Report, seconded by Councilman Penn and carried on the following recorded vote: James M. Neblett - Aye W. Edgar Hale - Aye Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Bettye H. Steger - Aye Charles W. Stewart, Jr. - Aye Next item on agenda was recognition of outgoing Town Attorney, Frank Terwilliger. Vice-Mayor Steger presented Mr. Terwilliger with a plaque and a resolution in his honor. She thanked him for his years of service and advised that the Town will miss him. Councilman Neblett made a motion to adopt Resolution 99-1 Honoring Francis C. Terwilliger, seconded by Councilman Penn and carried on the following recorded vote: James M. Neblett - Aye W. Edgar Hale - Aye Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Bettye H. Steger - Aye Charles W. Stewart, Jr. - Aye Next item on agenda was a public hearing on Transportation Enhancement Application (TEA-21) funding. Tom Combiths advised that with the Town’s purchase of the Maple Shade Shopping Center came a request from the Fine Arts Center for the New River Valley to utilize a portion of the Shopping Center as an expansion of the Raymond F. Ratcliffe Memorial Museum. This expansion would include transportation artifacts, local history and the possible donation by Milton Brockmeyer of his museum quality scale model of the Town of Pulaski, the Robert Hudson 1909 fire engine and the Town’s 1917 American Lafrance fire truck. The Town in conjunction with The Fine Arts Center for the New River Valley is requesting an application for funding, under the Federal Highway Administration Transportation Enhancement program. This funding, if awarded, would cover the engineering and design work necessary to expand the Town’s museum, develop a multi-purpose room, space for the Fine Arts Center, and other shared resources by and between the Museum and the Fine Arts Center. This project is proposed to be done in a minimum of two phases. Phase I would be a detailed engineering/architect plan for the development of the center and Phase II would be the actual construction and implementation of the improvements under Phase I. The entire project would be scheduled over a minimum 2-year period in order to fund both phases of the project in accordance with the federal guidelines for reimbursement funding. The funding by TEA would cover 80% of the costs and the remaining 20% match is required to be paid by the Town. He advised that the Town’s match for Phase I can be funded, according to VDOT, by land acquisition costs for the Maple Shade Inn Plaza Shopping Center. Michael Dowell, Director of the Fine Arts Center for the New River Valley, addressed Council, summarizing the Center’s idea for this project, and presenting pictures of the museum quality scale model of the Town that could be donated to the museum. Vice-Mayor Steger recognized Andrew Graham for his foresight and work on this museum project. Gerald Fain, President of the Fine Arts Center Board, advised that this project has the full support of the Board. Councilman Stewart, requested that the wording on page 3, Phase I, of a draft application, “Planning and design for the remaining buildings will not be covered by TEA-21 funding”, be rephrased so as to not specify which section of the building would be utilized. Mr. Dowell agreed to this request. Councilman Weddle advised that on page 1 of the draft, the wording in paragraph 2, last sentence, should be southern boundary, not northern. The same applies to paragraph 3, second to last sentence, of the same page. He also advised that on page 10 of the draft, under “Availability and percentage of matching money”, the sentence beginning “ Both the Town of Pulaski”, does not make sense and needs to be corrected. Councilman Weddle inquired into the source of funds for the 20% matching money. Gerald Fain, President of the Fine Arts Center for the New River Valley Board, advised that the Center is prepared to participate with the Town to provide the matching requirements. Councilman Stewart reiterated that the phrasing on this application needs to remain open ended regarding the portion of the building to be affected by this grant. Upon further discussion, Mr. Fain advised that the Center can provide 50% of the matching funds required. Finance Chairman Weddle made a motion to adopt Resolution 99-2, TEA-21 Project Endorsement Resolution for the Expansion of the Raymond F. Ratcliffe Memorial Museum for transportation enhancement related purposes in the Town of Pulaski, seconded by Councilman Penn and carried on the following recorded vote: James M. Neblett - Aye W. Edgar Hale - Aye Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Bettye H. Steger - Aye Charles W. Stewart, Jr. - Aye Councilman Stewart made a motion to adopt the consent agenda, containing the minutes of December 15 and 28, 1998, seconded by Councilman Weddle and carried on the following roll call vote: James M. Neblett - Aye W. Edgar Hale - Aye Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Bettye H. Steger - Aye Charles W. Stewart, Jr. - Aye Utilities Committee Chairman Neblett advised that the Town has received a request from Magnox Corporation to reduce the escrow account from $500,000 to $200,000. John Hawley, Town Engineer advised that as part of the original Memorandum of Understanding with Magnox, the $500,000 escrow may be reduced to $350,000 after 2 years if no problems are found in operation. Magnox has met the requirements of the MOU plus some additional studies. The Town and Peppers Ferry Regional Waste Water Treatment Authority agree that no problems have existed through this period and feel the reduction will not cause the plant or system to be jeopardized by potential catastrophic failure caused by the Magnox effluent. Based on these results, Magnox is requesting that the MOU be reduced to $200,000 rather than $350,000 stated in the agreement. Staff recommends that the escrow account be reduced to $200,000. After extensive discussion, Chairman Neblett made a motion to reduce the escrow to $200,000 until the 4th year of the original contract, and then follow the terms of the original contract with $100,000 after 4 years and $0 after 5 years, seconded by Councilman Weddle. Councilman Stewart made a substitute motion to table the issue until Council and Magnox can meet and come up with mutually agreeable terms, seconded by Councilman Penn and failed on the following recorded vote: James M. Neblett - No W. Edgar Hale - No Lane R. Penn - Aye Joseph L. Weddle - No Jeffrey S. Worrell - No Pauline G. Mitchell - Aye Bettye H. Steger - No Charles W. Stewart, Jr. - Aye Councilman Hale made a substitute motion to change the terms of the Memorandum of Understanding to reduce the escrow account to $200,000 until the 4th year of the original Memorandum of Understanding, and then follow the terms of the original MOU with $100,000 after 4 years, and $0 after 5 years, seconded by Councilman Weddle and carried on the following recorded vote: James M. Neblett - Aye W. Edgar Hale - Aye Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Bettye H. Steger - Aye Charles W. Stewart, Jr. - Aye Chairman Neblett advised that next on agenda was Rural Development Sewer I&I loan. John Hawley, Town Engineer, advised that the Town submitted an application to the Rural Development Administration for $2,253,460 with 1.2 million of this amount to be a grant and the remainder to be financed at 4.5% for 40 years. Rural Development informed the Town that it was ineligible for a grant and offered a loan of 1.977 million at 4.5% for 40 years. The debt service this would have incurred was deemed to be excessive. Staff recommends that Council consider a reduced project description consisting of Kersey Bottom (West Commerce Street) and Walnut Avenue. This reduced project would require a $630,000 project cost and loan with interest and principal payments of $33,986.95 per year for a 40-year period. The reduced project is expected to generate additional savings in treatment charges estimated at $36,775.00 per year. Walnut Avenue has a history of frequent surcharging causing problems at Goodyear and Sonic. Lines at Kersey Bottom flow almost full during wet weather. Rural Development has indicated that a reduced project targeted at these areas is feasible. Staff recommends the reduced project. Mr. Combiths advised that the loan can be paid off early without penalty. Chairman Neblett made a motion to reduce the project scope to include Kersey Bottom and Walnut Avenue, seconded by Councilman Penn and carried on the following recorded vote: James M. Neblett - Aye W. Edgar Hale - Aye Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Bettye H. Steger - Aye Charles W. Stewart, Jr. - Aye Next item on agenda was a Pump Station capacity agreement with the Town of Dublin. Mr. Combiths advised that the Town previously received a request from the Town of Dublin to purchase sewer pumping capacity from the Town at the New River Pump Station, a facility of the Peppers Ferry Regional Wastewater Treatment Authority. Dublin has capacity, but wishes to purchase additional capacity to accommodate expanding industries and residences within the Town of Dublin. This transfer would be made subject to the rules and regulations of the Peppers Ferry Regional Wastewater Treatment Authority. Based on previous consent by Town Council, the parties have tentatively agreed to a price of $.39 per gallon of pumping capacity plus interest costs of $523.59 for a total sum of $16,123.50. This equates to 40,000 gpd of pumping capacity. Staff is requesting that Town Council authorize the Town Manager to sign an agreement by and between the Town of Pulaski and the Town of Dublin to allow the purchase of excess sewer pumping capacity at the New River Pump Station by the Town of Dublin. Councilman Stewart inquired into the length of time this agreement would be in effect. Attorney Frank Terwilliger advised that this would be a sale of capacity and not a lease and would be permanent. After discussion, Chairman Neblett made a motion authorizing the Town Manager to sign an agreement by and between the Town of Pulaski and the Town of Dublin to allow the purchase of excess sewer pumping capacity at the New River Pump Station by the Town of Dublin, seconded by Councilwoman Mitchell and carried on the following recorded vote: James M. Neblett - Aye W. Edgar Hale - Aye Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Bettye H. Steger - Aye Charles W. Stewart, Jr. - Aye Next item on agenda was Public Operations Report. Chairman Penn advised that a request had been received from a charitable organization to hold a community yard sale at the Town owned Maple Shade Plaza Center. This annual event has been held at the Maple Shade Plaza Center the last several years. Since the Town is the new owner of the Center, the organizers are requesting permission to continue to utilize the building for this event. Staff recommends authorizing use of space for the Community Yard Sale. Chairman Penn made a motion to authorize use of the Maple Shade Shopping Center for a community yard sale, seconded by Councilman Neblett and carried on the following recorded vote: James M. Neblett - Aye W. Edgar Hale - Aye Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Bettye H. Steger - Aye Charles W. Stewart, Jr. - Aye Chairman Penn advised that before Council was a request for study only of potential timber harvest by the Town. Mike Jenkins, Director of Public Works, advised that this request would enable staff to conduct an environmentally and aesthetically sensitive timber harvest study on Town property and attempt to manage our resources, developing a plan that would have the least environmental impact. The Forest Service would work with the Town to develop the plans. After extensive discussion, Councilman Hale made a motion to authorize staff to proceed with a feasibility study of potential timber sales from 2800 acres of Town lands over a six year period and bring back to Council findings for consideration of further action, seconded by Councilman Weddle and carried on the following recorded vote: James M. Neblett - Aye W. Edgar Hale - Aye Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Bettye H. Steger - Aye Charles W. Stewart, Jr. - Aye Ordinance Committee Chairwoman Steger advised that she had no report, but hopes to have ordinance work on yard sales completed by spring. Next item on agenda was Planning Commission Report. Councilman Stewart advised that Commission met January 11, 1999 for a work session on the possibility of adopting recycling centers as a conditional use. No action was taken pending a report from the Town Attorney on notification procedures for a government initiated zoning amendment. Subsequently, the Town has been informed that a formal written resolution is required to be passed by Council for consideration of a general amending of the Zoning Regulations. Following Council’s adoption of these resolutions, referrals may be made to the Planning Commission in the standard manner. Councilman Stewart advised that at the 7:00 p.m. meeting on January 11, Commission approved a request from Pulaski Properties, L.L.C. for a subdivision of approximately 2.5 acres from the Allison Estate on Pepper’s Ferry Road for the purpose of constructing a single-family residence on the site. He advised that Town Council will consider a request by Dr. Maria D. Encarnacion for a conditional use permit to convert a single family residence at 39 Fifth St. for use as a multi-family dwelling on February 2, 1999; and a request from Ferd Harvey, Jr., Eugene Chumbley and Lucas Construction and Development to rezone a portion of lot 39, bounded by Thornsprings Branch, Newbern Road and Bobwhite Boulevard, from R-1 to B-1. Councilman Stewart made a motion to refer to Planning Commission, Case No 99-105Sub, a request from William D. Hill, property owner, Marty W. Hill, applicant for a subdivision of 1.847 acres on Case Knife Road for the purpose of placing a residence on one of the lots, seconded by Councilman Weddle and carried on the following recorded vote: James M. Neblett - Aye W. Edgar Hale - Aye Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Bettye H. Steger - Aye Charles W. Stewart, Jr. - Aye Councilman Stewart made a motion to adopt Resolution 99-3 initiating zoning amendment consideration: addition of recycling centers to M-2 zones as a conditional use and formally refer the same to the Planning Commission, seconded by Councilman Neblett and carried on the following recorded vote: James M. Neblett - Aye W. Edgar Hale - Aye Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Bettye H. Steger - Aye Charles W. Stewart, Jr. - Aye Councilman Stewart made a motion to refer to Planning Commission Case No 99-107SUB, a request from White L.L.C. for a subdivision of 2.477 acres located at the eastern intersection of Pleasant Hill Drive and Route 11 into six lots for the purpose of constructing single-family homes, seconded by Councilman Weddle and carried on the following recorded vote: James M. Neblett - Aye W. Edgar Hale - Aye Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Bettye H. Steger - Aye Charles W. Stewart, Jr. - Aye Councilman Stewart made a motion to adopt Resolution 99-4 initiating zoning amendment consideration: general revisions to the Pulaski Zoning Ordinance, seconded by Councilman Weddle and carried on the following recorded vote: James M. Neblett - Aye W. Edgar Hale - Aye Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Bettye H. Steger - Aye Charles W. Stewart, Jr. - Aye Human Resources Committee Chairman Hale, advised that Committee met January 7, and conducted 2 executive sessions under 2.1-344 (A1) Personnel matter regarding specific individuals and 2.1-344 (A7), Consultation with legal counsel pertaining to delinquent tax legal matter. Chairman Hale advised that Committee also met January 12 and conducted an executive session under 2.1-344 (A1) Personnel matter regarding specific individuals. Mr. Hale also advised that Committee was advised of three upcoming vacancies on the Architectural Review Board and one vacancy on the Grievance Committee. Thomas Douthat, of the Architectural Review Board has agreed to serve another term. Staff will seek applications to fill these vacancies. Councilman Penn made a motion to appoint Thomas Douthat to the Architectural Review Board, seconded by Councilman Neblett and carried on voice vote. Councilman Penn advised that Safety Committee met January 11, 1999 to conduct a conference call with a VRS representative to gather information and discuss SPORES/LEOS early retirement system. Vice-Mayor Steger reminded Council that the VML Legislative session in Richmond is scheduled for February 11 and that the Council Workshop will be held at the Hotel Roanoke on February 12 and 13. Mrs. Steger thanked the Public Works Department for a job well done regarding the recent ice storm. She advised that she had been questioned regarding Christmas tree pickup and reiterated that Christmas tree disposal is the responsibility of the homeowner. The County does not pick up Christmas trees. Thomas Combiths advised that Virginia’s 1st Regional Industrial Authority meeting met and elected officers from Giles County, City of Radford and Pulaski County. They discussed private investment opportunities for projects that might be sponsored by the Authority and had a presentation on the potential uses of the acreage surrounding the New River Valley Airport. Mr. Combiths advised that the Town has recently tied Henry Avenue water systems into Maury Avenue to alleviate water pressure problems. He wanted Council to know that several residents have called to express their thanks to the Town and Town Council for the improved service. Town Attorney Frank Terwilliger reported that in closing on the Maple Shade Plaza Shopping Center, it was discovered that back taxes were owed from 1984. After research, it was discovered that the taxes were included in a bankruptcy, effectively stopping the Town from collecting them. Mr. Greene has documentation showing that the taxes were debited at closing, but apparently were never forwarded to the Town. Mr. Terwilliger requested ratification to forgive the penalty and interest only. Councilman Neblett made a motion to forgive the penalty and interest on the Maple Shade Plaza Shopping Center from 1984, seconded by Councilman Penn and carried on the following recorded vote: James M. Neblett - Aye W. Edgar Hale - Aye Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Bettye H. Steger - Aye Charles W. Stewart, Jr. - Aye Mr. Combiths presented a projects update to Council. One item discussed was interaction between the Town and Wythe County regarding potential future development that could affect Gatewood watershed. Wythe County advised by letter, that the Town’s request for notification of any future discussion regarding development in Wythe County that could affect Gatewood watershed is being kept on permanent file in the Building officials office and has also been passed on to the Wythe Planning Commission Mr. Combiths advised that Y2K compatibility issues are being addressed in the Town’s automated systems. Councilman Penn requested a status report on the triangle of land at Newbern Road and Macgill Village. Mr. Terwilliger said that attempts had been made to contact the property owners and was returned undeliverable. The next step is condemnation of the property. Councilman Stewart made a motion to condemn the triangular shaped strip of land at Newbern Road and MacGill Village, seconded by Councilman Penn and carried on the following recorded vote: James M. Neblett - Aye W. Edgar Hale - Aye Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Bettye H. Steger - Aye Charles W. Stewart, Jr. - Aye At 7:00 p.m., Councilwoman Mitchell made a motion to enter into Executive Session on 2.1-344 (A3) acquisition or use of real property for public purpose - 2 items, 2.1-344 (A5) Prospective business or industry- economic development, and 2.1-344 (A1) Interviews, appointments, personnel, seconded by Councilman Weddle and carried on the following recorded vote: James M. Neblett - Aye W. Edgar Hale - Aye Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Bettye H. Steger - Aye Charles W. Stewart, Jr. - Aye At 8:17 p.m., Council returned from Executive Session and adopted Certification Resolution on motion by Councilman Stewart, seconded by Councilman Penn and carried on the following recorded vote: James M. Neblett - Aye W. Edgar Hale - Aye Lane R. Penn - Aye Joseph L. Weddle - Aye Jeffrey S. Worrell - Aye Pauline G. Mitchell - Aye Bettye H. Steger - Aye Charles W. Stewart, Jr. - Aye At 8:18 p.m. Council adjourned on motion by Councilman Neblett, seconded by Councilman Penn and carried.