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HomeMy WebLinkAbout10-03-00Minutes of the Town Council meeting held October 3, 2000 at 7:00 p.m. in the Council Chambers in the Municipal Building. There were present: Charles W. Stewart, Jr., Mayor Council Members: Lane R. Penn, Kenneth M. Fleenor, E. G. Black, Jr., James M. Neblett, Bettye H. Steger, Daniel Talbert, Jr., Pauline G. Mitchell, Jeffrey S. Worrell Staff: Gary C. Elander, Town Manager David N. Quesenberry, Asst. to the Town Manager Randolph D. Eley, Jr., Town Attorney Sherry Boyd, Finance Director Robert Dye, Economic Development Director Lieutenant John Leeper Lieutenant E. R. Barr Patricia Pendergrast, Clerk Also Present: Anthony Saunders, Sr. Carl E. Gregory Shannon E. Covey Joseph A. Slaughter Joan Way Milton Brockmeyer C. E. Gallimore Wilmer Ryan Michael Dowell Oscar Seagle Johnny M. Blevins E. L. Belcher Rebecca English Charles Wade H. A. McCready Tom McCrea Paul Dellinger, Press Tina Ratliff, Press Lee Carter, Press Mayor Stewart called the meeting to order at 7:00 p.m. Councilwoman Steger led the Pledge of Allegiance and Councilman Talbert gave the Invocation. Following roll call, the following items were added to the agenda: 1. Under Old Business, 2 items – Resolution 2000-25 and discussion of speed limit on Morehead Lane 2. Under Closed Session item – 2.1-344 (A-1), personnel matter – 1 item 3. Under Public Operations report – a Pepper’s Ferry Report First item on agenda was a Public Hearing regarding the E-911 tax rate. Mr. Elander advised that this is a local tax on telephone lines that helps support equipment, maintenance and replacement needs associated with the communications center (E-911 system), at the Police Department. The proposed increase would be from $0.42 to $1.00 per telephone line. Mayor Stewart opened the Public Hearing at 7:07 p.m. There were no comments from the public, so Public Hearing was closed at 7:08 p.m. Councilman Penn inquired whether cell phones are exempt from this tax? Ms. Boyd advised that this tax is for land lines only. Councilman Penn opined that the tax should be applied to cell phones as well. Mayor Stewart requested that this discussion be continued under New Business. The next Public Hearing was in regard to the Utility Consumer Tax. Mr. Elander advised that the General Assembly recently authorized deregulation of the utility industry. As part of that deregulation, each locality in the Commonwealth is required to make changes to its local consumer tax ordinance. He advised that the Utility Consumer Tax is not a tax increase, nor is it a new tax. Rather it changes the assessment basis from a percentage basis to a consumption basis. This change is reflected in Ordinance 2000-15 and must be enacted no later than October 31, 2000 by order of the General Assembly in order to allow the utilities to enact it by January 1, 2001. The Public Hearing was opened at 7:11 p.m. Joe Slaughter inquired whether this change would affect the utility companies ability to maintain their equipment? Mayor Stewart advised that Council could not answer that question. There being no further comments, Public Hearing closed at 7:13 p.m. Next item was a Public Hearing for a conditional use permit for an auto salvage yard. Town Manager Elander advised that Planning Commission has reviewed this request for a conditional use permit and recommended approval with conditions. Assistant to the Town Manager, David Quesenberry advised that the conditional use request is for a salvage yard on a parcel of property lying between Route 99 and Peak Creek. Planning Commission recommended approval of the request with the following conditions: 1. The existing green area be left as green area. 2. That no more than 150 vehicles be kept on the property at one time. 3. That no major part or vehicle be left on the site for more than 90 days. Mr. Quesenberry also advised that he had just received some new information that the Planning Commission had not been privy to when they discussed the topic and requested that the matter be discussed with legal counsel. Mayor Stewart opened the Public Hearing at 7:16 p.m. Rhea Saltz addressed Council speaking in favor of the request and opined that a salvage yard is needed in the area. Councilwoman Steger inquired who would enforce the restrictions suggested by Planning Commission? Lieutenant Barr advised that Police would enforce whatever restrictions Council implemented. Andy McCready, current property owner of the proposed site, advised that there is approximately 25 acres of green space allowed in this proposal. He stated that he could not think of many places in town that you could develop a site and require such a large buffer and have anything left to be developed. He advised that the area has always been M-2 Heavy Industrial. He advised that he was available for questions from Council. Mayor Stewart inquired whether Mr. McCready would be willing to assure Council that this would be kept as greenway? Mr. McCready stated that after he sells the property, it would be up to the property owner to assure that. Jim Duke addressed Council and spoke against the proposal. There being no further comments, Public Hearing was closed at 7:22 p.m. Mayor Stewart advised that in light of the discovery of new information that Planning Commission had not been privy to, he requested that the request be referred back to Planning Commission for review. Councilwoman Steger made a motion to refer the request back to Planning Commission for further review, seconded by Councilman Talbert and carried on the following recorded vote: Lane R. Penn - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye Daniel Talbert, Jr. - Aye James M. Neblett - Aye Pauline G. Mitchell - Aye E. G. Black, Jr. - Aye Jeffrey S. Worrell - Aye Next, Joan Way, of the Blue Ridge Independent Living Center, advised that a new satellite office has opened in Fairlawn to serve Giles and Pulaski Counties. The Center serves people with severe physical disabilities by providing peer counseling, independent living skills training, support groups, individual advocacy, technical accessibility assistance, and community sensitivity training among other things, with a focus on trying to keep the individuals at home. Mayor Stewart thanked Ms. Way for her report and welcomed her to the area. Next, Shannon Covey addressed Council regarding Pinnacle Street. He advised Council that the Public Works department has refused in the past to pave, maintain or clear snow from Pinnacle Street, saying that it is an alley, not a street. He advised that quite a few alleys are paved in Town and stated that he feels like he is being discriminated against. He is at the top of the street and in the winter has slid down the road into another neighbors porch. He advised that he would be willing to give a right-of-way for the Town to use as a turn around. Next, Mr. Carl Gregory spoke in support of Mr. Covey. After discussion, Mayor Stewart requested that Public Operations Committee look into the issue and report back to Mr. Covey and Mr. Gregory and to Council. The next speaker was Michael Dowell of the Fine Arts Center. He spoke against proposed Resolution 2000-30, regarding services with Wiley and Wilson. He stated that the original concept had been carefully studied and designed with the help of Town Council, the Museum Expansion Committee and the Fine Arts Center and Concept ‘C’ had been accepted by Council at the May 16, 2000 meeting.* He advised that he has used the approved drawings and concept in his fundraising efforts and the information has been used in requests for federal appropriations for the project. He felt that adoption of this resolution would open the door to Council reconsidering its original decision and unduly hold up the project. He requested that Council authorize the Town Manager to proceed with negotiating the next contract with Wiley and Wilson to create the construction documents for the concept approved by Town Council on May 16, 2000. Mr. Ed Belcher spoke in support of Mr. Dowell. * Note: Town Manager’s comment: For the record, Council voted to receive the report of the committee regarding Concept ‘C’, but has never endorsed a concept. Next, Councilman Neblett made a motion to adopt the Consent Agenda consisting of the minutes of September 5 and 19, 2000, seconded by Councilman Black and carried on the following recorded vote: Lane R. Penn - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye Daniel Talbert, Jr. - Aye James M. Neblett - Aye Pauline G. Mitchell - Aye E. G. Black, Jr. - Aye Jeffrey S. Worrell - Aye Next, Finance Chairman Fleenor advised that committee met September 26 and discussed several proposed Ordinances and Resolutions. Committee recommends approval of: 1. Proposed Ordinance 2000-14, regarding the 911 tax rate. 2. Proposed Ordinance 2000-15, regarding the utility consumer tax. 3. Proposed Resolution 2000-28, regarding the lease/purchase of 3 police vehicles at a cost of $17,000 per year over a 4 year period. 4. Proposed resolution for additional services with Wiley and Wilson. Chairman Fleenor also advised that committee discussed water and sewer rates. Expenses have increased and revenues have decreased. Preliminary study shows that a 20% increase in water fees and a 5% increase in sewer fees will be necessary. Committee will study this issue further and return to Council with recommendations. Sherry Boyd, Finance Director advised that response to the public notice of judicial sale for real property for delinquent taxes has been good. Several people have contacted the Finance department and set up a payment plan. One person paid their account in full. She also advised that the first month of PSA garbage billing went well. Public Operations Committee Chairman Neblett had no report, however, he advised that Peppers Ferry Regional Authority met and conducted a technical seminar. They took a hypothetical scenario of a large technical company coming to Commerce Park and how could the communities best provide adequate sanitary sewage treatment. The purpose was to provide information to use in a future seminar to discuss potential changes in the framework of the Authority. Comments from the seminar will be passed on to the Town Manager and Town Engineer. Ordinance Committee Chairwoman Mitchell advised that committee met and discussed the proposed ordinance to restrict the use of skateboards, bicycles, and skates on sidewalks. A copy of the proposed ordinance and map were provided to Council for review. Town Manager Elander advised that there is already an ordinance in effect regarding skateboards, and skates in the downtown area. He advised that the proposed ordinance adds revisions regarding bicycles as well. Town Attorney Eley advised that the proposed ordinance amends the existing ordinance that addresses skateboards, toys and other devices on wheels or runners. It did not include bicycles. The amendment prohibits bicycles in the designated areas. Basically, the original ordinance says that you cannot use skateboards and toys, etc. on the streets or sidewalks anywhere in the town. In addition, it says that you cannot use skateboards or toys on the parking lots of the Town after sundown. The amendment adds that you cannot ride bicycles, skateboards and toys on any of the prescribed areas downtown. Mr. Eley suggested that Council review the ordinance. A public hearing will be held on November 7, 2000. Next, Human Resources Committee Chairwoman Steger advised that committee met and discussed vacant committee appointments. Committee recommends: Industrial Development Authority - H. W. Huff - 4 year term - Lane Burcham - 4 year term Housing Board of Adjustment and Appeals - Oscar Seagle – 5 year term - James Lark – finish the late Mr. Logan’s term – (1 year) Planning Commission - Charles Wade – 4 year term Peppers Ferry - James M. Neblett - John J. Hawley, Alternate Board of Zoning Appeals - Gerald Clark – 5 year term Motion was adopted on the following recorded vote: Lane R. Penn - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye Daniel Talbert, Jr. - Aye James M. Neblett - Aye Pauline G. Mitchell - Aye E. G. Black, Jr. - Aye Jeffrey S. Worrell - Aye Next, Town Attorney Eley gave a projects update including: 1. Handling of personnel issues, and 1 contractual issue 2. Trying to get certified copies of the Charter amendments 3. Filed 5 suits regarding delinquent structures 4. Began acceleration proceedings of a note and deed of trust on a UDAG loan 5. Located the owner of the property at Macgill and Newbern 6. Met with an abstractor who will look at titles and give a cost estimate in regard to Peak Creek. In his project update, the Town Manager advised that Calfee Park has been recognized as a historic recreational facility on the Virginia Landmarks register. This will allow the Town to apply for additional restoration to Calfee Park. He also advised that he is pleased with the progress in the nuisance and tax code violations. Under Old Business, Councilman Fleenor made a motion that Resolution 2000-25, regarding Council meeting times be taken from the table and a vote taken, seconded by Councilwoman Steger and carried on the following recorded vote: Lane R. Penn - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye Daniel Talbert, Jr. - Aye James M. Neblett - Aye Pauline G. Mitchell - Aye E. G. Black, Jr. - Aye Jeffrey S. Worrell - No Next, Town Manager Elander advised that Downtown Pulaski, Inc. has requested that Council pass a Resolution showing Council’s support for D. P. I.’s application to the Richardson Foundation for a grant for a one-year, full-time Main Street Manager and establishing the Town as D. P. I.’s fiscal agent should the grant be awarded. After discussion, Councilwoman Steger made a motion to adopt Resolution 2000-29, acknowledging and assisting a request by Downtown Pulaski, Inc., for private foundation funding for a one-year full-time Main Street Manager, seconded by Councilman Neblett and carried on the following recorded vote: Lane R. Penn - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye Daniel Talbert, Jr. - Aye James M. Neblett - Aye Pauline G. Mitchell - Aye E. G. Black, Jr. - Aye Jeffrey S. Worrell - Aye Mr. Elander advised that Council authorized an initial Phase I lease of four police vehicles in December, 1999. Police Department has requested approval of Phase II, based on the original recommendation. Phase II will require $17,037 per year for three vehicles for four years beginning in the current fiscal year. It is recommended that Council follow through with its acceptance of this strategy only for Phase I and Phase II at this time. A resolution is needed for Council to continue with this program and commit funds against future capital funds for the next three years. Resolution 2000-28 addresses this issue. Councilman Neblett made a motion to adopt Resolution 2000-28, regarding budget authority to continue police vehicle lease program, seconded by Councilman Talbert and carried on the following recorded vote: Lane R. Penn - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye Daniel Talbert, Jr. - Aye James M. Neblett - Aye Pauline G. Mitchell - Aye E. G. Black, Jr. - Aye Jeffrey S. Worrell - Aye Next, Mayor Stewart advised that subsequent to the Public Hearing held regarding the E-911 tax surcharge rate, a vote was required. Councilman Fleenor made a motion to adopt Ordinance 2000-14, increase in E-911 tax surcharge rate from $0.42 to $1.00, seconded by Councilman Neblett and carried on the following recorded vote: Lane R. Penn - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye Daniel Talbert, Jr. - Aye James M. Neblett - Aye Pauline G. Mitchell - Aye E. G. Black, Jr. - Aye Jeffrey S. Worrell - Aye Next item for consideration was an Ordinance regarding the utility consumer tax. Councilman Black made a motion to adopt Ordinance 2000-15, electric and natural gas consumers tax, seconded by Councilwoman Steger and carried on the following recorded vote: Lane R. Penn - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye Daniel Talbert, Jr. - Aye James M. Neblett - Aye Pauline G. Mitchell - Aye E. G. Black, Jr. - Aye Jeffrey S. Worrell - Aye Mayor Stewart advised that Resolution 2000-30, regarding additional services with Wiley and Wilson was next on agenda. Town Manager Elander advised that concern has been expressed by Council that at the present time, the Town does not have all the money that is necessary to build the proposed project. He continued that in his opinion the Town does not have the resources to fund a 4 million dollar project. The purpose of this Resolution is to give Council some additional alternatives to the original plan and to provide some material for fund raising purposes. The estimated cost for the construction documents is approximately $340,000. Mayor Stewart pointed out that the request is for Wiley and Wilson to provide two “birds-eye” views – one is the original proposal and the second one is to retain the two end buildings and replace the building in the middle. He also opined that because of the work already completed by Wiley and Wilson, that he felt that the delay would not be long. After discussion, Councilwoman Steger made a motion to adopt Resolution 2000-30, regarding professional services – Wiley and Wilson, seconded by Councilman Black. After further discussion, Councilman Penn made a substitute motion to go with the original plan, seconded by Councilman Neblett and carried on the following recorded vote: Lane R. Penn - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye Daniel Talbert, Jr. - Aye James M. Neblett - Aye Pauline G. Mitchell - Aye E. G. Black, Jr. - Aye Jeffrey S. Worrell - Aye There being no further business, at 8:41 p.m., Councilman Talbert made a motion to enter into Closed Session under 2.1-344 (A-1) personnel matter, seconded by Councilman Black and carried on the following recorded vote: Lane R. Penn - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye Daniel Talbert, Jr. - Aye James M. Neblett - Aye Pauline G. Mitchell - Aye E. G. Black, Jr. - Aye Jeffrey S. Worrell - Aye At 9:02 p.m., Council returned from Closed Session and adopted Certification Resolution on motion by Councilman Penn, seconded by Councilman Talbert and carried on the following recorded vote: Lane R. Penn - Aye Bettye H. Steger - Aye Kenneth M. Fleenor - Aye Daniel Talbert, Jr. - Aye James M. Neblett - Aye Pauline G. Mitchell - Aye E. G. Black, Jr. - Aye Jeffrey S. Worrell - Aye There being no further business, meeting adjourned on motion by Councilman Neblett, seconded by Councilman Penn and carried.