HomeMy WebLinkAbout03-02-99Minutes of the Town Council meeting held March 2, 1999 at 7:00 p.m. in the Council Chambers in the Municipal Building.
There were present: John A. Johnston, Mayor
Council Members: James M. Neblett, Lane R. Penn, Jeffrey S. Worrell,
Bettye H. Steger, W. Edgar Hale, Joseph L. Weddle, Pauline G. Mitchell, Charles W. Stewart.
Also Present: Thomas M. Combiths, Town Manager
David N. Quesenberry, Asst. to the Town Manager
Frank Terwilliger, outgoing Town Attorney
Lee Chitwood, incoming Town Attorney
Patricia Pendergrast, Clerk
Robert Dye, Economic Development Director
Visitors: David Beebe
Donald Wall
Eugene Anderson
Randy Trail
Bill Pedigo
Mike Hall
Kenny Epperley
Rusty Mitchell
Peter Haislip
Robbie Cecil
Jesse Worrell
Michael Mathena
Joe Hoback
Robert Smith
Duane Armes
Brian Cole
Roland E. Cole
Mark Dalton
J. D. Jackson
Douglas L. Brown
Jim Logan
Tom Wallace
Paul Dudenheffer
Rebecca English
The meeting was called to order at 7:00 p.m.
Councilman Penn made a motion to adopt certification resolution for Executive Session held prior to the meeting on 2.1-344 (A7 – Consultation with legal counsel regarding contract negotiations),
(A3 – acquisition of property public purpose UDAG loan), and (A1 – Personnel matter regarding specific individual – 2 items); 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 Penn led the Pledge of Allegiance and Councilman Neblett gave the Invocation.
Mr. Jim Logan requested to speak to Council and was so added to the agenda under Public Comments.
Human Resources Chairman Hale opened the floor to motions concerning appointment of a new Town Attorney. Councilman Penn made a motion to appoint Howard Lee Chitwood as Town Attorney,
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
Mayor Johnston introduced Mr. Chitwood and welcomed him to the Town.
Councilman Weddle made a motion for staff to prepare a contract with Mr. Chitwood for the Mayor’s signature, seconded by Councilman Worrell and carried on voice vote.
Next on agenda was recognition and presentation of Resolutions to Donald Wall, Eugene Anderson and David Beebe for the rescue of a victim from a house fire at 604 Newbern Rd on the evening
of February7, 1999.
Mayor Johnston advised that the victim was bedfast and unable to remove himself from the house. The three honorees acted courageously with little regard for their own safety and deserved
to be commended for their compassion and acts of courage.
Councilman Weddle made a motion to adopt Resolution 99-6 honoring Mr. Donald Wall, Resolution 99-7 honoring Mr. Eugene Anderson, and Resolution 99-8 honoring Mr. David Beebe, seconded
by Councilwoman Steger 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, Rebecca English, Director, Downtown Pulaski Incorporated (DPI), spoke to Council summarizing DPI’s accomplishments from the October 31 to December 31, 1998 quarterly summary, noting
that the bulk of DPI man hours were spent on downtown site analysis, the marketing of DPI and the 1999 door-to-door membership drive campaign.
Mayor Johnston questioned whether DPI would be interested in researching and organizing a Year 2000 Celebration.
Mrs. English replied that DPI, through Ellen Garren of Economic Development, could research this and report back with Council.
Next, Mr. Jim Logan addressed Council regarding a possible “green area” at the corner of Northwood and Prospect Ave. The area is 3 plus acres, with contours that, he says, do not make
it desirable for residential development. Mr. Logan’s proposal is to make this area a “green area”. He proposes a park area with benches and paths, but not picnic tables. He advised
that if the Town could acquire this land, through gifts, grants and the budget, that he and Buddy Rice will clear brush and selected trees and maintain the area themselves for 3 years.
Councilwoman Steger suggested that perhaps the beautification of the park could be done by garden clubs and possibly the Boy Scouts could assist with the clearing.
After discussion, Council requested that staff research this suggestion and return comments to Council.
Next item was approval of consent agenda. Councilman Worrell made a motion to approve consent agenda, consisting of:
1. The minutes of the 2-16-99 Council meeting.
2. Designate May as “Operation Spruce up the Town” month and designating the
first and second Saturdays of May as “Spring Clean the Town” campaign
3. Accept Joint County/Town Tax Collection Report
4. Accept Water Fund Net Income 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, Human Resources Chairman Hale advised that Human Resources committee recommends adoption of Resolution 99-9, approving a two percent (2%) increase in the Town’s compensation plan
for it’s minimum and maximum salary ranges and Resolution 99-3 amending the Town’s employment classification plan to include the position of Engineering Technician I and revising Engineering
Technician II to Grade 7.
After discussion, Councilman Worrell made a motion to adopt Resolution 99-9 and Resolution 99-3, 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
Finance Chairman Weddle advised that before Council was Resolution 99-10 authorizing collateral modification on Pulaski Land Company, L.C. UDAG loan.
Mr. Robert Dye explained that in 1992, The Town and the First National Bank of Christiansburg made a loan to Pulaski Land Company to purchase Johnson’s Trailer Park, today known as Peak
Creek Village Mobile Home Park. The First National Bank of Christiansburg and the Town are listed as joint lien holders on ten (10) mobile home titles with The First National Bank of
Christiansburg being listed in first position and the Town second on real estate. If Resolution 99-10 is approved, the First National Bank of Christiansburg, has agreed to subordinate
its first lien position in the real estate to us. Mr. Boyer, owner, has requested the release of the liens on the mobile homes.
Councilman Neblett made a motion to approve Resolution 99-10, authorizing collateral modification on Pulaski Land Company, L.C. UDAG loan, seconded by Councilman Hale 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 Weddle advised that next on agenda is to accept Pulaski Business Park and UDAG Fund Stabilization Report.
Town Manager Combiths reminded Council that at the previous Council meeting, Councilman Stewart asked questions regarding developing a strategy/long-term plan for the viability of the
UDAG fund. This draft report lists about 8 different items to examine regarding UDAG funds. Staff intends to meet with Town Attorney, Frank Terwilliger and present a more complete report
to Council in approximately a month.
One of the questions Councilman Stewart asked was related to the possibility of forming special tax districts and what function they might serve in maintaining the viability of UDAG
funds.
Mr. Terwilliger, Town Attorney addressed Council regarding forming a special tax district. He advised that in the past, the Attorney General advised that recovered UDAG funds could
be reused to loan funds to other businesses if the loans maintain their federal identity and are kept separate from the general revenues of the Town. He expressed concern that in forming
a special tax district, the monies could mix with the general revenues or at least have the appearance of commingling of these funds and cause problems for the future. These funds are
unique and should be independently monitored.
After discussion, Chairman Weddle made a motion to accept the preliminary Pulaski Business Park and UDAG Fund Stabilization Report, seconded by Councilman Stewart 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, Councilman Stewart gave the Planning Commission Report. He advised that Planning Commission met 3-1-99 to discuss Case # 99-105 SUB, a request from the Hill family for the subdivision
of property on Case Knife Road for the purpose of placing a residence on the lot. Commission voted to allow the subdivision and allow variances regarding the lot width. Councilman
Stewart also advised that Case # 99-106 PH, regarding allowing recycling centers as a conditional use in the M-2 general industrial district. and Case # 99-108RZ, regarding a request
for a rezoning of 11 acres fronting on Pepper’s Ferry Road, from R-1 to R-2 for the purpose of constructing luxury town houses will come before Planning Commission on April 12, at 7:00
p.m.
Next item on agenda was Mayor’s Report. Mayor Johnston advised that Virginia’s First Regional Industrial Authority (Commerce Park) met and advised that bi-laws are still being formulated,
and updated Council on preliminary rules for this Authority.
Mayor Johnston also advised that an update had been received from Virginia Municipal League regarding three pieces of legislation that will directly affect the local government’s efforts
to deal with the Y2K computer problem. These bills have been sent to the governor. One, gives immunity to local governments from torte actions arising out of Y2K computer problems,
the second gives immunity to local governments or other political subdivisions and their employees from liability for tort actions arising out of Y2K computer failure. Also, House Bill
599, involving state funding for local police departments was sent to the governor fully funded.
Mayor Johnston reminded Council that the Joint Intergovernmental meeting is scheduled for March 30, 1999 at 7:00 p.m. The Town is hosting this meeting. He advised that he would like
to hold this meeting at the Calfee clubhouse.
There being no further business, Mayor Johnston advised that Executive Session is scheduled for 2.1 –344 (A1) Personnel Matter – Specific Individual - 3 items, and 2.1-344 (A3) Acquisition
of property for public purpose.
Town Manager, Thomas Combiths, interjected that the Finance Department will be closing at 1 p.m., Tuesday, March 9, 1999 to update the computer software.
At 7:55 p.m., Councilwoman Steger made a motion to enter into Executive Session on 2.1-344 (A1) – 3 items and 2.1-344 (A3) 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 8:45 p.m., Council returned from Executive Session and adopted Certification Resolution on motion made by Councilman Stewart, seconded by Councilwoman Steger 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 Weddle made a motion to authorize the Mayor to sign a contract between the Town and Frank Terwilliger to provide legal services to the Town during the new attorney’s transition
period, seconded by Councilwoman Steger 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
Mayor Johnston advised that Council authorized the Director of Economic Development to proceed with an in-house promotion, pursuant to the Town’s Personnel rules.
At 8:48 p.m., Councilman Neblett made a motion to adjourn, seconded by Councilman Penn and so carried.